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HomeMy WebLinkAboutAgenda Packet 03.21.202391�0 LUC�L� __ - - L11(1 a (D �acQoora� BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, March 21, 2023 9:00 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 5, Chair CATHY TOWNSEND District No. 3, Vice -Chair LINDA BARTZ District No. 1 CHRIS DZADOVSKY District No. 2 LARRY LEET District No. 4 JAMIE FOWLER Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 438 Regular Meeting Tuesday, March 21, 2023 9:00 AM 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 are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chair 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, and must be pertinent to the agenda item being considered by the Board. 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 Chair 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 ready 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 three minutes. Comments may pertain to any matter related to the Board's duties as the County's governing body. Comments in support or opposition to candidates for public office are not pertinent to the Board's duties. This includes any speaker identifying himself or herself as a candidate for public office. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least 48 hours prior to the meeting. 21Page Page 2 of 438 Regular Meeting Tuesday, March 21, 2023 9:00 AM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS There are no items scheduled. 5. PUBLIC COMMENT (excluding Public Hearing Items) 6. PROCLAMATIONS APPROVAL A. Resolution No. 23-009 - Proclaiming the Month of March 2023 as "Women's History Month" in St. Lucie County, Florida B. Resolution No. 23-021 - Proclaiming the Week of March 19 through March 25, 2023 as "National Surveyors Week" in St. Lucie County, Florida C. Resolution No. 23-028 - Proclaiming March 21, 2023 through April 22, 2023 as the Fort Pierce Police Department's 100th Anniversary Celebration Days in St. Lucie County, Florida. D. Resolution No. 23-032 - Honoring World War II Veteran, Leon Hepburn, on his 100th Birthday on March 29, 2023 in St. Lucie County. 7. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the BOCC Informal Meeting of March 7, 2023. 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 22 - 23 B. COUNTY ATTORNEY 31Page Page 3 of 438 Regular Meeting Tuesday, March 21, 2023 9:00 AM 1. Permission to File Suit against Michael A. Tracey (EST) Pursuant to Article III of Chapter 1-2 of the St. Lucie County Code of Ordinances and Compiled Laws, Sections 32-26; 38-97; 8.00.03 (F) Staff recommends that the Board grant permission to file suit against Michael A. Tracey (EST), Valinda Ann Long (Personal Representative of the Estate of Michael A. Tracey), and Unknown Tenant(s) of 6406 Oleander Avenue, Fort Pierce, FL 34982, pursuant to Article III of Chapter 1-2 of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida. Revocable License Agreement - 845 SE Tierra Court - River Park - Unit 7 - Edrick Rodriguez and Angela N Rodriguez - Parcel ID 3419-550-0049-000-0 Mr. and Mrs. Rodriguez are requesting a Revocable License Agreement to install a 6' wood fence along the north and south sides of the property, within the County's 6' Drainage/Utility Easement, and a 6' wood fence along the east side of the property, within the County's 10' Drainage/Utility Easement, per the Plat recorded in Plat Book 12, Page 41. They understand if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area, the fence will need to be removed or relocated at their expense. Engineering, Road & Bridge, Water Quality, and the City of Port Saint Lucie have reviewed the license agreement and have no objections. Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. and Mrs. Rodriguez pay to record the agreement in the public records of St. Lucie County, Florida. 3. Revocable License Agreement - 8522 Lonesome Pine Trail - Hidden Pines Estates - Robert Eric Arndt and Anne Benson Arndt - Parcel ID 2323-701-0031-000-6 Mr. and Mrs. Arndt are requesting a Revocable License Agreement to install a 6' wood fence with a 6' gate along the north side of the property, within the County's 20' Drainage/Utility Easement, a 6' wood fence, a 4' cattle fence, and a 4' gate along the west side of the property, and a 6' wood fence and a 4' cattle fence on the east side of the property, within the County's 6' Utility Easement, per the Plat recorded in Plat Book 17, Page 21. They understand if the County Engineer determines the fence and gates are causing flooding, drainage problems or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge and Water Quality have reviewed the license agreement and have no objections. Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. and Mrs. Arndt pay to record the agreement in the public records of St. Lucie County, Florida. 41Page Page 4 of 438 Regular Meeting Tuesday, March 21, 2023 9:00 AM 4. Revocable License Agreement - 219 Olive Avenue - River Park - Unit 2 - Sonia E. Pereira and Pablo P. Bouquet - Parcel ID 3419-510-0276-000-6 Ms. Pereira and Mr. Bouquet has requested a Revocable License Agreement to install a 6' wood fence along the southwest side of their property within the County's 6' Drainage/ Utility Easement per the Declaration of Restrictive Covenants recorded in Deed Book 224 Page 453. They understand if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area, the fence will need to be removed or relocated at their expense. Engineering, Road & Bridge, Water Quality and the City of Port Saint Luice have reviewed the license agreement and have no objections. Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Ms. Pereira and Mr. Bouquet pay to record the agreement in the public records of St. Lucie County, Florida. 5. Revocable License Agreement - 5602 Shannon Drive - Lakewood Park - Unit 11- Randall William Trawick - Parcel ID 1301-613-0367-000-9 Mr. Trawick has requested a Revocable License Agreement to install a 6' wood fence along the east side of the property, within the County's 10' Drainage/Utility Easement and a 6' wood fence along the north and south sides of the property, extending into the County's rear 10' Drainage/Utility Easement, per the Plat recorded in Plat Book 11, Page 32. He understands if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area, the fence will need to be removed or relocated at his expense. Engineering, Road & Bridge and Water Quality have reviewed the license agreement and have no objections. Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. Trawick pay to record the agreement in the public records of St. Lucie County, Florida. C. HUMAN RESOURCES Agreement with FMLASource for Administration of Family Medical Leave Act (FMLA) Leave and Americans with Disabilities Act (ADA) leave for County Employees Staff recommends the Board approve the proposed agreement with FMLASource, and authorize the Chair to sign the agreement as presented. Page 5 of 438 Regular Meeting Tuesday, March 21, 2023 9:00 AM D. LIBRARY SERVICES 1. Resolution No. 2023-038 - Resolution to Submit the Public Library Construction Grant for State FY 2024/2025 Staff recommends Board approval of the Resolution and authorization for the Chair to sign documents as approved by the County Attorney. E. OFFICE OF MANAGEMENT & BUDGET 1. FY 23 Budget Resolution Recognizing Unanticipated Revenue Staff recommends approval of this agenda item to recognize the funds to amend the budget by $754,774.00. 2. Request for Qualifications (RFQ) No. 23-012, Professional Architectural Services - New Medical Examiner Facility Staff recommends Board approval of the short-listed firms for RFQ No. 23-012 and permission to: • Conduct discussions/presentations with short-listed firms; • Conduct contract negotiations with the successful short-listed firm; • If negotiations are successful, award the contract to the successful short-listed firm and authorization for the Chair to sign the documents as prepared by the County Attorney. F. PLANNING & DEVELOPMENT SERVICES 1. Request Permission to Advertise a Land Development Code Text Amendment to Update the Land Development Code Provisions Pertaining to Fences, Walls and Hedges Staff recommends the Board approve the permission to advertise the proposed ordinance for the first of three (3) public hearings, beginning with the Planning & Zoning Commission. G. PUBLIC SAFETY 1. Animal Shelter - Kennel Building Project Funding Request - ITEM PULLED PRIOR TO METTING 61Pagt Page 6 of 438 Regular Meeting Tuesday, March 21, 2023 9:00 AM 2. Federally -Funded Subaward and Grant Agreement - DR4673 (Hurricane Ian) Staff recommends Board acceptance of the Federally -Funded Subaward and Grant Agreement, and authorization for the Chair to sign documents as approved by the County Attorney. H. PUBLIC UTILITIES 1. St. Lucie County - Vero Beach Potable Water System Interconnect - Fourth Amendment to Work Authorization No. 11 - Contract C17-10-792 with CDM Smith, Inc. Staff recommends the Board approve the fourth amendment and authorize the Chair to sign the fourth amendment. Award CDM Work Authorization No. 22 - Phase II Reopening Assistance with the design, permitting, bidding, and services during construction for reopening Phase II of the Class I Landfill to recapture lost airspace due to settling over time. Staff recommends Board approval and authorization for the Chair to execute CDM Smith Work Authorization No. 22 under Contract C19-09-790 for professional engineering services for a not -to -exceed total cost of $97,945.00. I. PUBLIC WORKS 1. Mura Municipal Services Benefit Unit (MSBU) Supplemental Resolution Staff recommends Board approval of the attached Mura MSBU Supplemental Resolution No. 2023-33 and authorization for the Chair to sign documents as approved by the County Attorney. Approval of Bid Award No. 23-011 Melville Road Phase I — Construction of Driveways - PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommends Board approval to award Bid No. 23-011 Melville Road Phase I — Construction of Driveways to the lowest responsive and responsible bidder, A Thomas Const Inc., in the amount of $91,289.00, and authorization for the Chair to sign documents as approved by the County Attorney. 3. Approval of Work Authorization with Kimley-Horn and Associates, Inc. for the Design of Old Dixie Highway Intersection Signalization Design Project - 71Page Page 7 of 438 Regular Meeting Tuesday, March 21, 2023 9:00 AM In response to Brightline's high-speed rail operations the County's rail safety expert consultant recommended signalization to mitigate train -vehicle interaction at seven (7) intersections along Old Dixie Highway near the Town of St. Lucie Village. Staff recommends Board approval of the work authorization and proposal submitted by Kimley-Horn and Associates, Inc. in the amount of $575,180.00 for the design of the Old Dixie Highway Intersection Improvements Project and authorize the Chair to sign documents approved by the County Attorney. 4. Approval to Award Bid No. 23-001 Prima Vista Boulevard Traffic Communications Conduit & Fiber project - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommends Board approval to award Bid No. 23-001 Prima Vista Boulevard Traffic Communications Conduit & Fiber project to Eastern Pipeline Construction, Inc. in the amount of $322,661.90, approval of total project budget in the amount of $378,237.16, and authorize the Chair to sign documents approved by the County Attorney. 5. Approval to Award Bid #23-009 and the Proposal for Geotechnical and Material Testing Services for the Elm Avenue / Merritt Ditch Culvert Replacement Project Staff recommends Board approval of Bid #23-009 to PRP Construction Group, LLC in the amount of $298,687.07 for the Elm Avenue at Merritt Ditch Culvert Replacement project; approval of the proposal from PSI (Intertek) for geotechnical and material testing services in the amount of $11,311.00; and authorization for the Chair to sign documents as approved by the County Attorney. 9. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Proposed Amendment of the Land Development Code to Modify Minimum Frontage and Platting Requirements for Solar Generation Stations, Updating the Definition of Solar Generation Stations, Adding a Definition for Bona Fide Agriculture and other Changes Staff recommends adoption of Ordinance 2023-05. B. PUBLIC WORKS Culvert 2023-03 Municipal Services Benefit Unit - Assessment Resolution Staff recommends Board approval of Resolution No. 2023-29, the Culvert 2023-03 MSBU Final Assessment Resolution and authorization for the Chair to sign documents as approved 81Page Page 8 of 438 Regular Meeting Tuesday, March 21, 2023 9:00 AM by the County Attorney. 10. REGULAR AGENDA A. ADMINISTRATION 1. Appointment to the Planning & Zoning Commission - At -Large Member Vacancy Staff recommends that the Board vote and appoint one representative to fill the At -Large seat on the Planning & Zoning Commission. B. COUNTY ATTORNEY 1. Interlocal Service Boundary Agreement - Proposed Response to City of Fort Pierce Resolution No. 23-R14 Staff recommends that the Board adopt Resolution No. 2023-037 and authorize the Chair to sign the resolution. C. ENVIRONMENTAL RESOURCES 1. Brock Mason, represented by Bret Montgomery, is requesting a Category I Wetland Waiver to Construct a Single-family Residence on North Hutchinson Island - THIS ITEM IS QUASI- JUDICIAL Staff recommends the Board adopt Resolution 2023-36, approving the Wetland Waiver Category 1 for a single-family residence subject to the conditions as set forth in the resolution. D. PLANNING & DEVELOPMENT SERVICES 1. Administrative Approval Update from the PDS Director No formal vote is necessary as this is only a discussion item. E. PUBLIC SAFETY 1. Adoption of the National Flood Insurance Program's Community Rating System Program for Public Information (PPI) Plan 91F'ag Page 9 of 438 Regular Meeting Tuesday, March 21, 2023 9:00 AM Staff recommends the Board's adoption of the Program for Public Information (PPI) plan as an official plan of the community. 11. ANNOUNCEMENTS A. The New York Mets Spring Training season began at Clover Park in Port St. Lucie on Feb. 25. The Mets have 16 home games on the schedule. Tickets are on sale now at www.mets.com/springtraining. B. The Board of County Commissioners will hold a joint meeting with the Fort Pierce City Commission on Tuesday, March 28, 2023 at 12pm at the Indian River State College, Brown Center - Building Y102 on the Main Campus located at 3209 Virginia Avenue in Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, April 4, 2023 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold an Informal meeting on Tuesday, April 11, 2023 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. The Board of County Commissioners will hold a Regular meeting on Tuesday, April 18, 2023 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. The 19th annual St. Lucie Earth Day Festival will be on Saturday, April 22nd at the Oxbow EcoCenter (5400 NE St. James Dr., Port St. Lucie) from 10am to 5pm. The festival will feature environmental and community -based exhibitors, vendors, and performers from all over the region sharing resources and entertainment. For more information visit www.StLucieEarthDay.com. 12. MOTION TO ADJOURN 10 1 P a g Page 10 of 438 UKR!'�� D t� TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Board of County Commissioners Daniel McIntyre, County Attorney County Attorney AGENDA REQUEST 6.A. PROCLAMATIONS APPROVAL RES-2023-9 DATE: 3/21/2023 *RESOLUTION ITEM - PROCLAMATION Resolution No. 23-009 - Proclaiming the Month of March 2023 as "Women's History Month" in St. Lucie County, Florida It has been requested that this Board proclaim the month of March 2023 as "Women's History Month". The attached resolution has been drafted for that purpose. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Siiznatures )011i 1* I Date: February 01, 2023 Daniel McIntyre, County Attorney i Date: February 02, 2023 George Landry, County Administrator Page 11 of 438 RESOLUTION NO. 23-009 A RESOLUTION PROCLAIMING THE MONTH OF MARCH, 2023 AS "WOMEN'S HISTORY MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways. They have played and continue to play critical economic, cultural, and social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home. 2. American women have played a unique role throughout the history of the Nation by providing the majority of the volunteer labor force of the Nation and were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation. 3. American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement and have served our country courageously in the military. 4. American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all. And yet, despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history: 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 March 2023 as "Women's History Month" in St. Lucie County, Florida. 2. This Board further encourages all citizens to observe this important month by participating in appropriate ceremonies and activities planned by individuals, governmental agencies, and private institutions and associations throughout St. Lucie County. PASSED AND DULY ADOPTED this 21st day of March 2023. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 12 of 438 UKR!'�� UC�LL_7 TO: Board of County Commissioners PRESENTED Daniel McIntyre, County Attorney BY: SUBMITTED County Attorney BY: AGENDA REQUEST 6.B. PROCLAMATIONS APPROVAL RES-2023-21 DATE: 3/21/2023 *RESOLUTION ITEM - PROCLAMATION SUBJECT: Resolution No. 23-021 - Proclaiming the Week of March 19 through March 25, 2023 as "National Surveyors Week" in St. Lucie County, Florida BACKGROUND: It has been requested that this Board proclaim the week of March 19 through March 25, 2023 as "National Surveyors Week". The attached resolution has been drafted for that purpose. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Siiznatures Date: February 21, 2023 Daniel McIntyre, County Attorney Date: February 23, 2023 George Landry, County Administrator Page 13 of 438 RESOLUTION NO. 23-021 A RESOLUTION PROCLAIMING THE WEEK OF MARCH 19-25, 2023 AS "NATIONAL SURVEYORS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Land Surveyors are counted among the founding leaders of our country and were instrumental in the formation of the layout of property boundaries in the United States, providing our citizens the opportunity to enjoy the American dream of property ownership. 2. United States Presidents George Washington, Thomas Jefferson, John Adams and Abraham Lincoln all served as surveyors, contributing to the historical mapping of America in its early years. 3. The surveying profession requires special education, training, knowledge of mathematics, the related physical and applied sciences, and requirements of law for evidence. 4. Surveyors are uniquely qualified and licensed to determine and describe land and water boundaries for the management of natural resources and protection of private and public property rights. 5. The continual advancements in instrumentation have required the surveyor to not only be able to understand and implement the methods of the past, but also to learn and employ modern technology in finding solutions to meet the challenges of time. 6. The citizens of St. Lucie County, Florida recognize the valuable contributions of the surveying profession to history, development, and quality of life throughout our country, and make important decisions based on the knowledge and expertise of licensed surveyors and mappers. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of March 19-25, 2023 as "NATIONAL SURVEYORS WEEK" in St. Lucie County, Florida. 2. This Board encourages all citizens to recognize the many contributions and the ongoing dedication of surveyors to our community and throughout the United States. PASSED AND DULY ADOPTED this 21st day of March 2023. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Page 14 of 438 UKR!'�� UC�LL_7 TO: Board of County Commissioners PRESENTED Daniel McIntyre, County Attorney BY: SUBMITTED County Attorney BY: AGENDA REQUEST 6.C. PROCLAMATIONS APPROVAL RES-2023-28 DATE: 3/21/2023 *RESOLUTION ITEM - PROCLAMATION SUBJECT: Resolution No. 23-028 - Proclaiming March 21, 2023 through April 22, 2023 as the Fort Pierce Police Department's 100th Anniversary Celebration Days in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim March 21, 2023 through April 22, 2023 as the Fort Pierce Police Department's 100th Anniversary Celebration Days in St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Siiznatures Date: February 27, 2023 Daniel McIntyre, County Attorney Date: February 28, 2023 George Landry, County Administrator Page 15 of 438 RESOLUTION NO. 23-028 A RESOLUTION PROCLAIMING MARCH 21, 2023 THROUGH APRIL 22, 2023 AS THE FORT PIERCE POLICE DEPARTMENT'S 100TH ANNIVERSARY CELEBRATION DAYS IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On March 21, 1923, the City of Fort Pierce and County seat of St. Lucie County inaugurated a form of government wherein authority to make policy rested with a three -person elected commission, one of whom was mayor, with the city administration vested in a salaried city manager. The office of City Marshal ceased to be chosen by an election in which all qualified voters participated and it became the sole responsibility of the City Manager to appoint a Chief of Police. 2. The second decade of the 20th century was a time of radical changes in the national and local expectations of the duties and the processes of those who dispensed law and order. The challenge of enforcing an unpopular law, the Volstead Act (Prohibition), the onset of the automobile age with challenges of traffic control, driver behavior, and parking all required new strategies and organization for leadership and training for officers of the law. 3. Keeping the peace and protecting the citizenry in the Roaring 20s inaugurated many practices taken for granted today: blue uniforms in 1924, creation of desk sergeants and complaint forms in 1926, white stop signs stenciled on the pavement at intersections of avenues Delaware, Orange, and A at 4th and 2nd; and a communication system consisting of five telephones on strategic corners to be used by patrolmen and citizens to report anything amiss in 1927. 4. St. Lucie County wishes to honor the Fort Pierce Police Department and all who laid the groundwork of a professional law enforcement department, including dealing with rumrunners and roads that went from horse and buggy transport to streets crowded with Tin Lizzies; to honor those who served the city during the Great Depression when the economy caused deprivation; through World War II when our police force cooperated with the military police and thousands of sailors came to the Amphibious Training Base at Fort Pierce; through the 50s, 60s and on to the turn of the century and beyond when African Americans and women were welcomed to the force; and especially to honor the highly professional police department of today for living up to its motto "In Honor We Serve" fighting and preventing crime; making a priority of community outreach, caring for victims, embracing diversity, providing outstanding leadership for civilian personnel and sworn officers. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida does proclaim March 21, 2023 through April 22, 2023 as the Fort Pierce Police Department's 100th Anniversary Celebration Days in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 21st day of March 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Page 16 of 438 UKR!'�� UC�LL_7 TO: Board of County Commissioners PRESENTED Daniel McIntyre, County Attorney BY: SUBMITTED County Attorney BY: AGENDA REQUEST 6.D. PROCLAMATIONS APPROVAL RES-2023-32 DATE: 3/21/2023 *RESOLUTION ITEM - PROCLAMATION SUBJECT: Resolution No. 23-032 - Honoring World War II Veteran, Leon Hepburn, on his 100th Birthday on March 29, 2023 in St. Lucie County. BACKGROUND: It has been requested that this Board recognize and honor World War II Veteran, Leon Hepburn, on his 100th Birthday on March 29, 2023 in St. Lucie County. The attached resolution has been drafted for that purpose. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures N /FVf Date: March 04, 2023 Daniel McIntyre, County Attorney F Date: March 06, 2023 Mayte Santamaria, Deputy County Administrator Page 17 of 438 RESOLUTION NO. 23-032 A RESOLUTION HONORING WORLD WAR II VETERAN, LEON HEPBURN, ON HIS 100TH BIRTHDAY ON MARCH 29, 2023 IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Mr. Leon Hepburn was born on March 29, 1923, in Key West, Florida. 2. He entered the U.S. Army on July 10, 1943, and he separated from the U.S. Army on June 18, 1945. 3. Mr. Hepburn was assigned to the U.S. Army 849th Engineering Aviation Battalion. 4. He was trained as a General Clerk (055) and was qualified a Marksman with his rifle. 5. He spent ten months and nineteen days in the continental U.S. and two years four months and sixteen days in foreign service. 6. Mr. Hepburn achieved the rank of Corporal. 7. He served in the Burma campaign (1944-1945). The Burma campaign resulted in Allied victory and the end of Japanese occupation, the disbandment of the Indian National Army (INA) and Burma returned to British control. 8. Mr. Hepburn received the following awards and citations: Asiatic Pacific Campaign Medal; World War II Victory Medal and Good Conduct Medal. 9. He received a monthly pay of $6.50 in the form of an allotment. 10. Mr. Hepburn received an Honorable Discharge. NOW, THEREFORE, BE IT RESOLVED, the Board of County Commissioners of St. Lucie County, Florida, does hereby honor World War II Veteran, Leon Hepburn, on his 100th Birthday on March 29, 2023 in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 21st day of March 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney Page 18 of 438 cTro LLUCU E BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Informal Meeting March 7, 2023 Convened: 9:03 AM Adjourned: 10:59 AM 1. CALL TO ORDER - CATHY TOWNSEND, CHAIR BOARD OF COUNTY COMMISSIONERS The meeting was called to order at 9:03 AM by Chair Cathy Townsend, District No. 5. Present Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4 Also Present Dan McIntyre, County Attorney George Landry, County Administrator Jennifer Hance, Housing Manager Rebecca Olson, Interim Director of Public Utilities Matt Dietrich, Sergent for the St. Lucie County Sheriff's Office Stephen Sigmon, Captain for the St. Lucie County Sheriff's Office Greg Atkinson, Solid Waste Division Director Eric Grotke, CDM Smith Engineering Consultants JoAnn Riley, Properties Acquisition Manager Brian Good, Kinley-Horn & Associates Patrick Dayan, Public Works Director Kody Glazer, Legal Director of the Florida Housing Coalition Mayte Santamaria, Planning & Dev. Services Director Stan Payne, Director of Air & Sea Port Diana Wesloski, Community Services Director Vera Smith, Deputy Clerk Recording Secretary 2. DISCUSSION ITEMS Changes were made to the discussion items order: A. Joint Meeting Topic Discussion Dan McIntyre, County Attorney, presented this item to the Board. An email was received from the Mayor of the City of Fort Pierce requesting a joint meeting to discuss local issues with the Board. The proposed joint meeting date will be set for March 28, 2023, at the Indian River State College, Fort Pierce Campus. The potential topics of discussion proposed by the City of Fort Pierce include: Page 19 of 438 BOCC Informal Meeting Tuesday, March 7, 2023 9:00 AM • Downtown Parking (Courthouse Parking, Parking Garage, and Other Facilities) • Port of Fort Pierce • Annexation (Paradise Park, Fiesta Hill) • Impact fees (Jenkins Road, Selvitz Road, 33rd Street & Delaware Avenue) Upon the Boards direction County staff will be proposing to discuss the following items: • Harbor Pointe conceptual plan (Exchange Agreement) • Avenue D Model Block — Interlocal Agreement — RFI (Moores Creek, Support and Growth for Minority Small Businesses, Affordable Housing, Commercial Retail Offices, Community Redevelopment) • Indian Hills partnership (Stormwater Treatment) The Board discussed additional topics to the discussed with the City of Fort Pierce including the Harbour Point Development Master Plan and additional Boat Ramps, Port Grant opportunities, the Indian Hills project with FDOT, and additional lakes for more drainage. Staff will prepare the agenda for the joint meeting discussion. B. Indian River Drive Traffic Calming - Validation of Project Patrick Dayan, Public Works Director, and Brian Good, Kinley-Horn & Associates, presented to the Board the implementation of traffic calming strategies and safety improvements on Indian River Drive. Mr. Dayan provided the history of the existing road characteristics. Indian River Drive is a 14-mile corridor of roadway that connects Downtown Jensen Beach to Downtown Fort Pierce at its ultimate termini. The roadway has several drop-off conditions with curves and vertical transitions and no shoulder for the nine and a half feet wide roadway. Over the years in response to various citizen complaints, the County undertook a traffic -calming study to collect data and metrics concerning vehicle speeds, stop signs, patrol monitoring, and striping the entire roadway. The measures were constructed in August 2022 and the initial traffic calming strategies included Dynamic Speed Feedback Signs, Profiled Thermoplastic Striping, Transverse Pavement Markings, Raised Rumble Strips at Stop Approaches, and Designation of Existing Vehicular Weight Restrictions. Over the years the total cost for Phase I improvements was estimated at a little under $1.3 million. Community outreach efforts were made through Quest Communications, News Letter project updates were mailed to 142 residents, neighborhood meetings, and online surveys. The revised recommended traffic calming strategies and safety improvements after resident feedback includes: • Dynamic Speed Feedback Signs • — Eliminated • Transverse Pavement Markings —Not profiled thermoplastic • Raised Rumble Strap — Eliminated • Designation of Existing Vehicular Weight Restrictions • Pavement Edge Drop -Off Repairs • Cape Seal Resurfacing Mr. Good provided a detailed update on some of the metrics and data from the recently completed validation study. Last year the County retained Kimley-Horn to prepare a validation study to determine the effectiveness of the traffic calming elements implemented between Walton and Midway Road. Speed data were collected over a 3-day time frame in 29 locations that were identical to the data collected in 2016. The data collected consisted of vehicular volumes, truck percentages, and 85t"-percentile vehicular speed. In comparison to Phase I improvements, traffic over the last six years has grown at a 1% annual growth 21Page Page 20 of 438 BOCC Informal Meeting Tuesday, March 7, 2023 9:00 AM rate from around 3900 to 4100 trips per day from the data collected. The analysis documented a 7.5% heavy truck trip percentage on Indian River Drive between Walton and Midway Road and the 85th- percentile speed segment was within 1 mile per hour of the data collected in 2016. In conclusion, the validity study data collected there is no quantifiable speed reduction that could be measured relative to improvements made between 2016 and 2022. Also, no quantifiable reductions in truck traffic or any decrease in the heavy trucks by the County posting the weight restriction of vehicles between Walton to Midway Road or any segment of Indian River Drive. The next step for the County to consider is reducing the posted speed from 35 mph to 30 mph. If the Board still desires to continue with the Indian River Drive corridor traffic calming improvements staff would continue to evaluate opportunities to install speed humps and speed tables where they can be safely implemented. He advised many of the residents along the corridor were strongly advocating for staff to implement speed bumps. Mr. Good also recommended that the County continue coordination with the St. Lucie County Sheriff's Office to encourage enforcement activities regarding vehicular speeding, illegal passing, and size. Chair Townsend questioned if the Ordinance would need to be updated if a decision is made to reduce the speed limit. Mr. Mclntrye advised the reduction of the speed limit will be by Resolution and would need to be presented to the Board at a subsequent meeting for approval. Chair Townsend also mentioned the reduction of the speeding limit to 30 mph will not be adequate and suggested the speed be reduced to 25 mph and take partnership with the sheriff's department for continued monitoring of the area upon the review of the 517 citations, 77 warnings, and 12-DUI are reported between 2020 and 2022. Sergent, Matt Dietrich, and Captain, Stephen Sigmon, of the St. Lucie County Sheriff's Office addressed the Board and advised there has been frequent patrolling of the area over the past few months. Indian River Drive has always been a concern citations are being issued for violators. Methods have been taken to in efforts to reduce speeding including bate vehicles and marked cars with radar monitoring and several citizens allowing them to use their driveways to run radar. They advised if the vehicular speed was reduced to 25 mph there will also be a change in the analytics for mapping may no longer designate Indian River Drive as a faster route. Most of the traffic stops within the area have been from non -county residents traveling from Martin County to Fort Pierce and vice -versa. There is a traffic deputy designated for Indian River Drive patrol every day for at least 2-3 hours in various locations. Commissioner Dzadovsky questioned who determines the classification of roads being that Indian River Drive is listed as a collector road. Staff advised the County determines the classification of its roads and they are not determined by the state or any other level. Upon further discussion with the Board regarding the reduction of the speed limit to 25 mph, data analytics, Google maps, sheriff patrolling/staging, speed tables, road safety challenges, St. Lucie TPO, additional truck weight limit signs, camera installation cost, and safety. Staff suggested performing another validation study over time to verify the actual response in driver behavior with the speed limit changes in effect. Staff also clarified and advised truck weight limit restriction signs are posted along the Indian River Drive corridor and drivers are aware before taking that route. A consensus was made to lower the speed limit on Indian River Drive to 25 mph, this item is returned to the Board for a formal vote. 3 1 PagE Page 21 of 438 BOCC Informal Meeting Tuesday, March 7, 2023 9:00 AM C. Landfill Future Options - Including Waste -to -Energy - BACKGROUND & ATTACHMENT AMENDED Rebecca Olson, Interim Director of Public Utilities, and George Landry, County Administrator presented this item to the Board. Rebecca Olson, Interim Director of Public Utilities, and George Landry, County Administrator presented this item to the Board. The County needs a long-range solid waste management plan for at least the next 50 years. The current landfill management plan projection is approximately 40 years or so and decreases substantially each year as the population grows. Also, taking into consideration the construction of Cells 4-13, Cell 5 & 6 that is in the future plan of development. The combination of the cells to design, permit and construct on the existing site is estimated to be $150 million as plans move forward with the current strategy. Staff retained CDM Smith Inc. to assist with the evaluation of the basic options available to the County to provide an environmentally sound, cost-effective solid waste management system for the next 50 years. The options are: Option 1: New Western Landfill —A "Traditional Path" that will need to be identified, purchased, permitted, and constructed before filling the existing Landfills to maximum design capacity. The process will need to begin within the next 6-12 months. Landfill operations and recycling operations will continue on the current site until the final buildout is achieved. ➢ PROS — The County has been using the existing site for over 30 years and will have complete control of waste disposal and cost. ➢ CONS - Locating a suitable property (500 - 1,000 acres), 7-10 years at minimum for the site to be ready for usage, a price tag of $1 billion, and engagement with other municipal partners. Option 2: Waste -to -Energy (WTE) Facility - Florida Power & Light Company (FPL) submitted a conceptual proposal to develop build, finance, operate and maintain a WTE facility in exchange for a tipping fee for each ton of waste accepted and processed by the facility. The facility will be located on the County's current site and will need to promptly begin converting the County facility to a WTE facility, and modify existing permits as needed. Also with the requirement to design future phases of the landfill to be compatible with ash disposal. ➢ PROS— Reduction of the solid waste volumes by up to 90% conservation airspace and extending landfill life, reduction in reliance on fossil fuels, and reduces greenhouse gas emissions. ➢ CONS —The cost of $800 million in capital, an additional $30 million per year in operational costs, and engagement with other municipal partners. Option 3 - Out of County Disposal - Similar to option 1 the continuance of the current landfilling and recycling operations at the current site until the final build -out is achieved. Then convert the Baling Facility to a transfer station, where the solid waste will be collected and transferred by truck to an out -of -county solid waste management facility for disposal. With the options of Waste Management's Okeechobee Landfill and Waste Connections' JED Landfill in Osceola County. ➢ PROS - There is still a cost increase, but this option costs the least and the County could enter into a long-term agreement within a few months. ➢ CONS — The reliance on another facility for the collection of garbage that is not under the County's control. The continued maintenance of the existing landfill and Significant uncertainties concerning the future capacity and availability of out -of -county disposal sites. 4 1 PagE Page 22 of 438 BOCC Informal Meeting Tuesday, March 7, 2023 9:00 AM The County has an interlocal agreement in 2019 with the City of Port St. Lucie to handle their waste and recycling. The agreement shall remain in effect until September 30, 2025, and will automatically renew for an additional five years until September 30, 2030, upon mutual agreement by both parties. Staff advised they would like the engagement of the City of Port St. Lucie for the partnership with future plans. Based on the options presented, staff is requested the board explore the Waste -to -Energy (WTE) option and engage neighboring municipalities to create a Treasure Coast partnership opportunity. Staff is seeking Board direction on which of the three options to pursue. The Board discussed the expenses for out -of -county waste disposal, partnerships with Okeechobee, Indian River, and Martin County, funding sources, tipping fees, assessment fee increases, long-term agreements with other municipalities, and issuing an RFP/RFQfor competing proposals. Upon discussion, the Board is in agreeance with the Waste -to -Energy (WTE) Facility proposal. Staff will draft the concept and bring the item back to the Board. D. Housing Initiatives Jennifer Hance, Housing Manager, and Kody Glazer, Legal Director of the Florida Housing Coalition presented this item to the Board. The Housing Continuum is a range of housing options available to individuals ranging from homelessness to permanent housing and homeownership. The County is meeting the continuum with the Housing Hub and the partnership with the Treasure Coast Homeless Services Council. Transitional Housing is meant to bridge the gap between homelessness to permanent housing by offering structure, supervision, support for addictions and mental health, life skills, and in some cases, education, and training. An example of transitional housing is Oleander Village which has 27 Units with wrap -around services and a subsection of the development reserved for Veterans. The Permanent Support Housing (PSH) Program in conjunction with the Treasure Coast Homeless Services Council provides rental subsidies to landlords on behalf of eligible homeless individuals with disabilities to obtain and maintain stable housing. Along with social service providers including the Health Department, Veteran Services, and New Horizons who provide case management assistance. The allocation for the program is $189,504 to provide rental assistance for at least 15 disabled and homeless families or individuals from August 1, 2022, to July 31, 2023. For more permanent housing on the continuum, it will be addressed through the rental program Blue Sky Landing on County -owned property donated to Blue Sky Communities to build a 166-unit multifamily rental housing community and Homeownership with the St. Lucie Habitat for Humanity with the construction of 10 units for homeownership on Deleon Road in Lakewood Park. The County is conducting a Housing Needs Assessment in partnership with the City of Fort Pierce and Port Saint Lucie at the end of March. The will be a stakeholder engagement with Government, Economic Development, Business, and Non -Profit Partners. There is a current Flordia Statue 196.1978 that provides two automatic property tax exemptions if an owner meets the following criteria: • the property has to be owned entirely by a nonprofit entity that is a corporation not for profit, qualified as charitable under s. 501(c)(3). • the property must be at least 70 units and be subject to a Land Use Restriction Agreement (LURA) with Florida Housing Finance Corporation (FHFC). There is a proposed House Bill 229 that allows local officials to adopt an ordinance granting ad valorem property tax exemption for affordable housing units including non-profit entities. At least 10% of the units whose household income does not exceed 30% of the area median income, in exchange can receive 51 Page 23 of 438 BOCC Informal Meeting Tuesday, March 7, 2023 9:00 AM property tax exemptions for up to 75% of the assessed value. Also, if the landlord opts to rent all the units in the building at an affordable rate, the entire the property would be eligible for a 100% tax exemption. Kody Glazer, Legal and Policy Director of the Florida Housing Coalition addressed the Board with an overview of Inclusionary Zoning and Senate Bill 102. He provided an overview of the two types of Inclusionary Zoning. • Mandatory inclusionary zoning is a land use mechanism that requires a market -rate developer to provide a set number or percentage of affordable units within a market -rate development. ➢ A unit threshold of 20 -50 units or more, triggers the inclusionary requirement or can be geography -based. ➢ Must be designed carefully enough to not become exclusionary zoning — prevent forum shopping & limiting housing supply. ➢ House Bill 7103 local governments must now "provide incentives to fully offset all costs to the developer of its affordable housing contribution" • Voluntary inclusionary zoning the local government encourages the private sector to provide affordable housing in exchange for favorable development rights (incentives/density bonus). Each zoning can be for homeownership and rentals and there is no one -size -fits -all approach for setting Inclusionary Zoning policies depending on the local land use system, housing needs, and development trends. Also, incentives are key to both Inclusionary Zonings. Mr. Glazer updated the Board on the new local option property tax incentive SB 102/HB 627 authorizing local governments to provide property tax exemptions for specified affordable housing developments. The exemptions only apply to affordable units that contain at least 50 or more units and are at least 20% of the units affordable to households at or below 60% AMI. The Property tax exemptions allowed are based on the percentage of affordability. He mentioned the two bills propose a record amount of funding in the state's history for affordable housing programs. A record of $711 million for affordable housing programs plus up to $100 million new tax credit program. The State Housing Initiative Partnership program (SHIP) estimates for the fiscal year 2023-24 based on SB 102/HB 627 for St. Lucie County are $860,548. Also, SB 102/HB 627 fully funds the Sadowski Trust Fund programs and provides an extra $150 million a year for 10 years for the State Apartment Incentive Loan program (SAIL) program. Mr. Glazer briefly advised of two new automatic property tax exemptions for multi -family developments of more than 70 affordable units for households up to moderate income. Commissioner Dzadovsky questioned the qualifications of affordable housing and the determination factor. Mr. Glazer advised the affordability is decided by the City of the County and can be discretionary by each local government. Staff also advised the determining factors will be addressed within the housing needs assessment for the County area. Commissioner Dzadovsky questioned if the property tax exemptions are for the County, City, Water District, Fire District, or the tax bill as a whole due to the County only representing only 36% of the tax bill. Mr. Glazer advised it would be the full assessed value of the property and that all taxing agencies would receive zero including the school district only for affordable housing. 61Page Page 24 of 438 BOCC Informal Meeting Tuesday, March 7, 2023 9:00 AM Chair Townsend mentioned having an informal discussion in April/May regarding the homeless veteran's program, the cost -efficiency of tiny homes, and transitional housing. E. Community Services Department Overview Diana Wesloski, Community Services Director, presented this item to the Board. The Community Services Department's mission is to assist County residents to improve quality of life through information, resources, and services. The current staffing consists of 21 Full -Time and 8 Part -Time employees with Housing, Human Services, and Veterans Services. Staff provided a brief overview of each department and its three (3) divisions. Housing Division: A budget of $7,607,490 and currently administers ten (10) grants. Assists income -eligible households to meet their needs through the preservation and creation of affordable housing. The staff is 100% grant -funded excluding the housing manager limiting their work to grant administration only. The Housing Division receives $1.7 on an annual basis to assist with administrative costs to provide the salaries. All other funds are competitively applied for. The challenges of the division are to get the housing manager 100% grant funded. The goal is to provide a portion of funding other than grant funds for the Housing staff to provide them the ability to expand services beyond grant administration. ➢ Awarded $750,000 in Community Development Block Grant. ➢ Facilitated partnership with Blue Sky Communities to construct a 166-unit multifamily community on county -owned property. ➢ Administered over $18 million in emergency rental and mortgage assistance for COVID-19 impact. ➢ Purchased a 2.2-acre parcel located at 5005 Deleon Avenue, Lakewood Park for the development of affordable housing. Human Services Division: A budget of $1,301,812 and currently administers four (4) grants and nine (9) programs. Provide direct services to residents countywide in collaboration with community partners, by identifying and addressing unmet needs, avoiding duplication, and enhancing service delivery. Including case management, homeless grant administration, free tax services, unfunded mandates, community outreach engagements, etc. The challenges of the division include finding suitable housing under Fair Market Rent for Supportive Housing Program participants. ➢ Supported partners in providing free volunteer income tax assistance. ➢ Provided 4,749 services to the community in support of housing, education, employment, case management, family self-sufficiency, and information/referrals. ➢ Supported 42 chronically homeless individuals and families with subsidized housing. ➢ Identified funding and provided support for the Housing HUB Residential Shelter and Multi -Agency Resource Center. ➢ Auto -Repair Services Program ➢ Hurricane Services Veterans Services Division: A budget of $909,891 with providing service to Treasure Coast Veterans and their families. Assisting in the processing of benefit claims on Veterans' behalf for compensation, pension, healthcare, education, burial, home loans, lost records, property tax exemptions, and survivor benefits. Daily medical transportation services for Veterans to the West Palm Beach Veterans Administration Hospital and local Community VA clinics. 71 Page 25 of 438 BOCC Informal Meeting Tuesday, March 7, 2023 9:00 AM ➢ Partnered with the City of Port St. Lucie in vetting applications to give away two homes to Gold Star Families. ➢ Identified a location in St. Lucie County for the Veterans Community Village which will provide housing and support services for homeless Veterans. ➢ In 2022, the Veteran Services Division served 4,558 Veterans, Widows, and Veteran Families. ➢ Operated the "Wheelchairs-4-Warriors" Program ➢ Transported 1,939 Veterans to and from appointments at the VA Medical Center, West Palm Beach, and local Community VA Clinics. ➢ The Veteran Services Division Manager serves as a member of the St. Lucie County Veterans Court. All staff from each division is considered essential service personnel during an emergency activation. Chair Townsend mentioned she would like for the Community Services Department to join her on the next taping of Inside St. Lucie to help educate the community on the services provided by the County. The Board had no further questions on comments on this item. F. Harbour Pointe Development Concept Stan Payne, Director of Air & Sea Port presented to the Board the Master Plan for Harbour Pointe, the conceptual design, and an overview of ways to maximize private funding opportunities. Harbour Pointe is an undeveloped, 20-acre parcel acquired by St. Lucie County in 1996. The bonds issued for the acquisition were fully repaid in 2016. The master plan included a design for a boat house, parking, additional boat ramps, commercial fishing, stormwater treatment, restaurants, the new Avenue M into the facility as part of the Destin Beach exchange, and other amenities. Also, the infrastructure to support the Artificial Reef Program. Commissioner Dzadovsky questioned the legality of the finalization of the Bell Family Project to move forward. Staff advised the two relevant exchanges are the exchange with the City of Fort Pierce on the road right of way involving Avenue M and the exchange with the Bell Family. The Board approved entering into exchange agreements in November 2022. There was a diligence period that expired on February 13, 2023. Due to environmental issues in the port area, the period was extended and County entered into the first addendum with the Bell Family extending the period until June 13, 2023. Also, the first addendum is pending awaiting the signature of the City of Fort Pierce at their next Council meeting. The diligence period will end June 13, 2023, and the closing will be set 30 days after if no other problems occur. The Board discussed the master plans for stormwater ponds, additional boat ramps, additional parking, bonds, grants, and the return on investments with opportunities for developments, roadway design, and permitting. 3. ADJOURNMENT With no other information to be brought for consideration before the Board, the meeting was adjourned at 10:59 AM. Please note: Final minutes are recorded in the official minute's books filed with the Clerk of the Circuit Court and available for inspection upon request. 8 1 PagE Page 26 of 438 03/03/23 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #22- 25-FEB-2023 TO 03-MAR-2023 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 1,218,413.58 797,987.20 001009 Gen -One Time Funding 18,006.50 0.00 001495 FDEM EMPA FY2022-2023 0.00 2,102.40 001497 FDOT SUN Trail Network Prog 17,600.00 180.13 001498 FCTD Planning Grant SFY23 0.00 783.82 001599 US HUD Small Cities CDBG 0.00 1,760.50 001630 US Treasury American Rescue Plan 28,329.88 1,124.16 001632 US Treasury Emer. Rental Assist 2 5,008.76 1,989.67 001645 FTA Metro Planning Grant Sec. 5305 0.00 2,748.02 001647 US Health & Human Svc. CSBG FY22 0.00 5,289.11 001648 US HUD Continuum of Care -Veterans 0.00 151.39 001649 US HUD Continuum of Care -Chronic 0.00 299.09 001651 FHA thru FDOT SEC 112 MPO/FHWA 29,117.68 8,267.14 001652 FHA Surface Trans Block Grant 17,780.00 2,997.69 001834 TCERDA 8,952.91 2,708.00 001835 Artificial Reef Program 0.00 2,368.80 101 Transportation Trust Fund 55,100.66 160,913.97 101001 Transportation Trust Interlocals 460.85 1,582.74 102 Unincorporated Services Fund 3,573.68 87,039.19 102001 Stormwater MSTU 41,103.29 31,461.58 107 Fine & Forfeiture Fund 175,955.33 230,154.72 107001 Fine & Forfeiture Fund -Wireless Sur 10,971.26 18,648.46 107002 Fine & Forfeiture Fund-E911 Surchar 3,500.00 2,092.54 107003 Fine & Forfeiture Fund-800 Mhz Oper 2,759.73 0.00 107006 F&F Fund -Court Related Technology 20,605.17 17,234.60 107009 F&F One -Time Funding 0.00 2,118.40 111 River Park I Fund 3,939.24 0.00 112 River Park II Fund 944.58 0.00 113 Harmony Heights 3 Fund 275.29 0.00 114 Harmony Heights 4 Fund 682.40 0.00 116 Sunland Gardens Fund 756.09 0.00 117 Sunrise Park Fund 170.31 0.00 119 Holiday Pines Fund 925.47 0.00 120 The Grove Fund 297.80 0.00 122 Indian River Estates Fund 1,224.69 0.00 123 Queens Cove Lighting Dist#13 Fund 450.85 0.00 126 Southern Oak Estates Lighting 195.56 0.00 127 Pine Hollow Street Lighting MSTU 659.73 0.00 128 Kings Hwy Industrial Park Lighting 739.76 0.00 129 Parks MSTU Fund 128,215.00 0.00 130 SLC Public Transit MSTU 8,091.80 2,724.67 130128 FTA 5339 Bus Shelter Maint 1,605.00 0.00 130133 FFY18 5307 Operating and Capital As 605.48 3,296.46 130136 FFY19 5307 Operating & Capital Assi 605.48 3,295.78 130137 FTA 5311 SFY2020 CARES Act 19.76 598.79 130142 FTA FFY 5307 & 5339 Super Grant 98.78 3,296.46 132 Culvert MSBU 630.00 0.00 136 Monte Carlo Lighting MSTU#4 Fund 2,790.41 0.00 138 Page 27 of 438 03/03/23 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #22- 25-FEB-2023 TO 03-MAR-2023 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 138 Palm Lake Gardens MSTU Fund 371.59 0.00 139 Palm Grove Fund 1,330.74 0.00 140 Airport Fund 7,260.70 22,826.19 140001 Port Fund 993.60 6,478.80 140145 FAA Airport Rescue Plan Grant 389.28 0.00 140411 FDOT Terminal Improvement Project 22,515.20 0.00 140414 FDOT Airfield & Terminal Generators 18,950.00 0.00 150 Impact Fee Collections 912.19 5,342.40 160 Plan Maintenance RAD Fund 1,218.32 4,755.20 183 Ct Administrator-19th Judicial Cir 2,341.74 8,166.41 183006 Guardian Ad Litem Fund 8,715.00 0.00 183100 DOJ BJA FY19 Adult Drug Discretiona 3,036.48 0.00 185021 FHFC SHIP FY2021-2022 0.00 1,605.50 189118 HUD SLC HOME Consortium FY2021 0.00 1,354.00 190 Sports Complex Fund 63,324.08 50,619.18 194486 FDEP South SLC Beach Nourishment 177,513.15 0.00 240 Port Taxable NonAdValorem Bond2017A 5,958.33 0.00 310002 Impact Fees -Parks 997.87 0.00 310008 Impact Fees -Parks "B" 6,879.29 0.00 310010 Impact Fees -Library "North" 1,082.62 0.00 310011 Impact Fees -Library "South" 25,981.72 0.00 310018 Impact Fees -Transportation "South" 106,690.18 0.00 316001 5th Cent Fuel -Capital 36,115.62 0.00 318 County Capital -Transportation Bond 15,276.15 0.00 319 Infrastructure Surtax Capital 62,672.72 0.00 364 Sports Complex Addit'l Improvements 239,536.50 0.00 382 Environmental Land Capital Fund 39.44 0.00 401 Sanitary Landfill Fund 143,075.15 149,189.04 418 Golf Course Fund 27,517.69 11,274.77 471 Water & Sewer District Operations 30,192.22 77,286.77 478 Water & Sewer District R&R 79.20 0.00 479 Water & Sewer Dist. -Cap Facilities 0.00 6,127.20 491 Building Code Fund 22,534.41 94,368.46 505 Health Insurance Fund 577,947.41 6,749.33 505001 Risk Management Fund 2,587.83 0.01 611 Tourist Development Trust-Adv Fund 25,462.45 8,709.60 630 Medical Examiner Agency Fund 4,755.80 52,908.72 650 Agency Fund 124,396.80 0.00 801 Bank Fund 55,508.01 0.00 GRAND TOTAL: 3,635,322.24 1,902,977.06 139 Page 28 of 438 03/10/23 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #23- 04-MAR-2023 TO 10-MAR-2023 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 1,274,919.18 0.00 001009 Gen -One Time Funding 227,140.83 0.00 001498 FCTD Planning Grant SFY23 148.00 0.00 001632 US Treasury Emer. Rental Assist 2 41,589.23 0.00 001651 FHA thru FDOT SEC 112 MPO/FHWA 742.63 0.00 001652 FHA Surface Trans Block Grant 4,593.10 0.00 001653 DHS/FDEM EMPG FY 2023 920.00 0.00 001834 TCERDA 6,746.26 0.00 101 Transportation Trust Fund 52,284.91 0.00 102 Unincorporated Services Fund 2,326.25 0.00 102001 Stormwater MSTU 78,812.69 0.00 107 Fine & Forfeiture Fund 137,567.49 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 6,195.00 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 3,550.98 0.00 107006 F&F Fund -Court Related Technology 27,527.96 0.00 115 Sheraton Plaza Fund 778.51 0.00 129 Parks MSTU Fund 2,214.00 0.00 130 SLC Public Transit MSTU 61,541.59 0.00 130123 FTA 5307 2015 Transit System 4,427.00 0.00 130142 FTA FFY 5307 & 5339 Super Grant 2,822.25 0.00 140 Airport Fund 11,812.32 0.00 140001 Port Fund 20,783.17 0.00 140410 FDOT Pavement Marking Project 690.00 0.00 150 Impact Fee Collections 596.16 0.00 160 Plan Maintenance RAD Fund 51,614.00 0.00 183 Ct Administrator-19th Judicial Cir 11,300.97 0.00 183006 Guardian Ad Litem Fund 347.48 0.00 183100 DOJ BJA FY19 Adult Drug Discretiona 7,995.00 0.00 185021 FHFC SHIP FY2021-2022 5,600.00 0.00 190 Sports Complex Fund 37,102.57 0.00 310002 Impact Fees -Parks 82.72 0.00 310008 Impact Fees -Parks "B" 4,314.48 0.00 316001 5th Cent Fuel -Capital 200,227.03 0.00 319 Infrastructure Surtax Capital 81,445.45 0.00 319100 FHA Edwards Road Reconstruction 98,654.52 0.00 401 Sanitary Landfill Fund 650,590.53 0.00 418 Golf Course Fund 11,508.07 0.00 471 Water & Sewer District Operations 220,648.30 0.00 478 Water & Sewer District R&R 15,510.45 0.00 491 Building Code Fund 364.00 0.00 505 Health Insurance Fund 430,669.16 0.00 505001 Risk Management Fund 27,893.34 0.00 611 Tourist Development Trust-Adv Fund 155.08 0.00 630 Medical Examiner Agency Fund 25,981.55 0.00 801 Bank Fund 4,592.00 0.00 GRAND TOTAL: 3,857,326.21 0.00 55 Page 29 of 438 AGENDA REQUEST TO: Board of County Commissioners 2023-58585 CONSENT AGENDA - COUNTY ATTORNEY DATE: 3/21/2023 *ACTION ITEM - PERMISSION TO FILE SUIT QUASI-JUDICIAL ITEM? No PRESENTED BY: Katherine Barbieri, Assistant County Attorney III SUBMITTED BY: County Attorney SUBJECT: Permission to File Suit against Michael A. Tracey (EST) Pursuant to Article III of Chapter 1-2 of the St. Lucie County Code of Ordinances and Compiled Laws, Sections 32-26; 38-97; 8.00.03 (F) BACKGROUND: Michael A. Tracey (EST) was a resident at 6406 Oleander Avenue, Fort Pierce, Florida, in St. Lucie County. He died on December 28, 2021. Valinda Ann Long is the daughter and personal representative of the estate of Michael A. Tracey. On or about September 13, 2022, a notice of violation, Case No. CODE-2209-108811 was sent to Michael A. Tracey (EST) ("Violator") for the property at 6406 Oleander Avenue, FL 34982. See attached notice of violation. On or about October 12, 2022, Case No. 2209-108811, the Code sent the Notice to Appear for a scheduled public hearing before the St. Lucie County Code Enforcement Board on December 7, 2022. See attached notice to appear. On February 1, 2023, St. Lucie County Code Enforcement Board found that there is an unsanitary nuisance caused by excessive overgrowth of grass and weeds, there are more than two recreational equipment such as the trailers and RVs, there is outside storage of items and materials such as scrap metal, tools, car parts, bins, appliances, furniture, tires, and other miscellaneous items, unserviceable vehicles, and there are recreational vehicles in the front yard that are not on a paved surface, on the property located at 6406 Oleander Avenue, Fort Pierce, FL 34982. See attached map, pictures and two Orders from the Board (Order Imposing Fine/Lien and Referral to St. Lucie County Board of County Commissioners). Pursuant to Article III of Chapter 1-2 of the St. Lucie County, Florida Code of Ordinances and Compiled Laws, the St. Lucie County Code Enforcement Board found that Michael A. Tracey (EST) is in violation of Section 38- 97, Prohibited Acts, of the St. Lucie County Code Ordinance, Section 8.00.03(F), Particular Permitted Accessory Structure of the St. Lucie County Land and Development Code, and Section 38-26, Abandoned Properties, Page 30 of 438 Unserviceable Vehicles, etc., of the St. Lucie County Code and Compiled Laws for the property located at 6406 Oleander Avenue, FL 34982, in St. Lucie County, Florida. PREVIOUS ACTION: On December 7, 2022 and February 1, 2023, Case No. CODE-2209-108811 was presented during the St. Lucie County Code Enforcement Board Meeting. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board grant permission to file suit against Michael A. Tracey (EST), Valinda Ann Long (Personal Representative of the Estate of Michael A. Tracey), and Unknown Tenant(s) of 6406 Oleander Avenue, Fort Pierce, FL 34982, pursuant to Article III of Chapter 1-2 of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures e' Date: March OS, 2023 Katherine Barbieri, Assistant County Attorney III Date: March 08, 2023 Monica Graziani, Building & Code Regulation Manager Date: March 09, 2023 Benjamin Balcer, Planning & Development Services Director N Date: March 10, 2023 Daniel McIntyre, County Attorney Page 31 of 438 i Date: March 13, 2023 George Landry, County Administrator Page 32 of 438 Planning & Development Services Building & Code Reguladon Division 2300 Virginia Avenue Fort FIeece, FL 34982 Phone:(772)462-2172 Fax:(772)462-6443 Notice to Appear October 12, 2022 CODE-2209-108811 ST. LUCIE COUNTY 1 BOARD OF COUNTY MICHAEL TRACEY (EST) COMMISSIONERS 6406 OLEANDER AVE FORT PIERCE, FL 34982 LINDA BARTZ DISTRICT 3 1. Pursuant to Chapter 1 Article II, Code Enforcement, of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified of the CATHY TOWNSEND following: on 10/12/2022, the undersigned officer inspected the following DISTRICT 5 property located in St. Lucie County, Florida. CHRIS DZADOVSKY DISTRICT 1 Re: 6406 Oleander Ave Fort Pierce, FL 34982 Tax ID Number: 3410-331=0003-000-6 I SEAN MITCHELL Legal Description: Please see attached CHAIR DISTRICT 2 2. The inspection indicates that insufficient action has been taken to correct the violation of which you were notified on 9/13/2022. Therefore, this matter is FRANNIE HUTCHINSON scheduled for a public hearing before the St. Lucie County Code Enforcement VICE -CHAIR Board on 12/7/2022 at 9 AM in the Commission Chambers of the St. Lucie DISTRICT 4 County Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. The Board encourages your attendance. If you fail to attend the hearing, an order may be HOWARD N. TIPTON entered against you by default finding you in violation of the laws called in COUNTY ADMINISTRATOR paragraph 2. DAN MCINTYRE 3. The Code Enforcement Board is empowered to levy a fine up to $250.00 for COUNTY ATTORNEY each day the violation continues past the date set for compliance. A fine not to exceed $500.00 per day may be levied for a repeat violation. The fine(s) may MAILING ADDRESS become a lien upon the real or personal property of the violator. The Board may 2300 VIRGINIA AVENUE impose additional fines to cover costs incurred in enforcingthe codes. FORT PIERCE, FL34952 4. If you correct the violation(s) prior to the hearing date or require a copy of the I TDD Code Enforcement Board Rules and Regulations, contact the St. Lucie County (772) 462-1428 Code Enforcement Division at (772) 462-1571 in order to arrange for an inspection. If the violation is corrected and then reoccurs, or if the violation is FAX not corrected by the time specified for correction by the code inspector, the (772) 462-1148 case may be presented to the enforcement board even if the violation is corrected prior to the board hearing. EMAIL guevaraj@stiucieco.org 5. NOTICE: All proceedings before the St. Lucie County Code Enforcement Board, WEBSITE St. Lucie County, Florida, are electronically recorded. Any person who decides to WWW.STLUCIECO.GOV appeal any action taken by the Enforcement Board at this meeting 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 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 an individual testifying during a hearing upon request. Written comments received in advance of public hearing will also be considered. 9489 0090 0027 6392 0621 65 Atencion: Documento importante con respecto a sus derechos y responsabilidades Si usted no comprende ingles consiga traduccion Inmediatamente. 2300 Virginia Avenue, Ft. Pierce, FL 34982 1 R.41Ai- A!'n.1n Dnm Jotinn• 17711 AG7_1C71 CAV 97711 AG7_11 Ali �i. r,�GlfilG (/d6l tL� �l O Planning S Development Services Building & Code Regulation Division 2300 Virginia Avenue Fort Pierce, FL 34982 Phone:(772)462-2172 Fax,(772)462.6443 Josh Guevara, Code Enforcement Officer St. Lucie County Code Compliance Phone: (772) 462-1570 Email: guevarai@stiucieco.org Office Hours: 8:00am-10:00am, 3:00pm - 5:00pm Notice to Appear Atencion: Documento importante con respecto a sus derechos y responsa6ilidades Si usted no comprende ingies consiga traduccion inmediatamente. 2300 Virginia Avenue, Ft. Pierce, FL 34982 R..UA—end r—A. De. k+inn. l7775 Ar-7-I C77 CAV l777\ A41-11 AA - Page 34 of 438 Corrective Actions Report Violations found on Case: CODE-2209-108811 Ordinances: Findings: 38-97: PROHIBITED ACTS EXCESSIVE OVERGROWTH OF GRASS AND WEEDS ARE NOT PERMITTED. PLEASE MOW AND MAINTAIN THE PROPERTY. 8.00.03 (F): OUTDOOR STORAGE OF ONLY TWO RECREATIONAL VEHICLES ARE ALLOWED ON THE REC EQUIPMENT PROPERTY. PLEASE REMOVE ADDITIONAL. 38-26: ABANDONED PROPERTY, JUNK, OUTSIDE STORAGE OF ITEMS AND MATERIALS IS NOT TRASH AND DEBRIS PERMITTED. PLEASE REMOVE ITEMS SUCH AS SCRAP METAL, TOOLS, CAR PARTS, BINS, APPLIANCES, FURNITURE, TIRES, AND OTHER MISCELLANEOUS ITEMS FROM THE PROPERTY. 38-26: ABANDONED PROPERTY, JUNK, PLEASE REMOVE OR REPAIR ANY UNSERVICEABLE VEHICLES ON TRASH AND DEBRIS THE PROPERTY. 8.00.03 (F): OUTDOOR STORAGE OF ITHE RECREATIONAL VEHICLES MUST BE ON A PAVED SURFACE REC EQUIPMENT TO BE IN THE FRONT YARD. PLEASE PLACE ON A PAVED SURFACE OR MOVE TO THE SIDE OR REAR OF THE PROPERTY. Page 35 of 438 Michelle Franklin, CFA -- Saint Lucie County Property Appraiser — All rights reserved. i Property identification Site Address: 6406 Parcel ID: 3410 331-0003 Account #: 40364 See/Town/Range: 10136S/40E OLEANDER AVE 000-6 Map ID: 34/10S Zoning: RS-2 - Con Use Type: 0100 Jurisdiction: Saint -Lucie County Ownership Legal Description Michael A Tracey (EST) 10 36 40 N 30 FTAND E 175 FT OF N 170 FT OF S 112 OF N 6406 Oleander AVE 112 OF SW I14 OF SW 1/4- LESS W 33 FT FOR RD RIWY (158 Fort Pierce, FL 34982 AC - 58,825 SF) (OR 3798-796) Current Values Historical Values 3-year Just/Market: $261,900 Assessed: $261,900 Year JustlMarket Assessed Exemptions Taxable Exemptions: s0 Taxable: $261,900 2022 S261,900 $261,900 $0 $261,900 2021 S205,900 $184,548 $134,548 $0 2020 $182,000 $182,000 $182,000 $0 Sale History Date BooWPage Sale Code Deed Grantor Price 10-13-2015 3798 / 0796 0001 WD Bui Nghia H $200,000 05 23-2012 3398 / 2366 0112 SP Federal Home Loan Mortgage S47,000 Corp 04-17-2012 3399/2364 0112 SP Bank of America NA SIM Primary Building Information Finished Area of this building: 1,700 SF Gross SketchedAtea:3,596 SF View: Year Built 1984 Primary Wall: Frm Stucco Bedrooms: 3 Full Baths: 3 HalfBadts: 0 Roof Cover. Dim Shingle Frame: Story Height: 1 Story A/C %:100% Heated %: 100% Sprinkled %: 0% Exterior Data Roof Structure: Hip Grade: C No. Units: 1 Interior Data Electric: MAXIMUM Heat Type- FrcdHotAir Heat Fuel: ELEC Total Areas Building Type: HC Effective Year: 1999 Secondary WaII: Primary Int Wall: Avg Hgt/Floor- 0 Primary Floors: Tile -Ceramic Finished/UnderAir 1.700 (SF): Gross Stretched Area 3,596 (SF): Laud Size (acres): 1.58 Land Size (SF): 68,825 Total Building Count: 1 Special Features and Yard Items Type Qty Units Year Blt Driv-Concret 1 400 1994 POOL DK AVG 1 600 1999 RES POOLAVG 1 288 1998 POOLENC AVG 1 888 1998 i All information is believed to be correct at this time, but is subject to change and is provided without any warranty. ® Copyright 2022 Saint Lucie County Property Appraiser. All rights reserved. Page J6 of 438 a ST. LUCIE COUNTY CODE ENFORCEMENT BOARD REFERRAL TO THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CASE NO.2209-108811 MICHAEL A. TRACEY (EST) THIS CAUSE came on for a Referral to the Board of County Commissioners Hearing before the St. Lucie County Code Enforcement Board on the on the 1" day of February, 2023, after due notice to the Violator, Michael A. Tracey (Est). As the Violator, Michael A. Tracey (Est)did not appear for the hearing, the Board having heard testimony under oath, received evidence, and heard argument of counsel, thereupon issued its Order as follows: Based upon the testimony of the Code Enforcement Staff, this Board determines that violations of Section 38-97, Prohibited Acts, of the St. Lucie County Code Ordinances, Section 8.00.03(F), Particular Permitted Accessory Structure, of the St. Lucie County Land and Development Code, and Section 38-26, Abandoned Properties, Unserviceable Vehicles, Etc., of the St. Lucie County Code and Compiled Laws, existed on the properly located at 6406 Oleander Ave., Fort Pierce, FL on property described as: 10 36 40 N 30 FT AND E 175 FT OF N 170 FT OF S 1/2 OF N 1/2 OF SW 1/4 OF SW 1/4- LESS W 33 FT FOR RD R/W- (1.58 AC - 68,825 SF) (OR 3798-796) as recorded in the Public Records of St. Lucie County, and presents a serious threat to the public health, safety, and welfare and Staff is directed to notify the St. Lucie Count}' Board of County Commissioners of the conditions. Page 37 of 438 Any Party requesting a rehearing or reconsideration of the Board's action must file a written request setting forth the legal grounds therefore with the Code Enforcement Board Secretary, St. Lucie County, 2300 Virginia Avenue, Fort Pierce, FL 34982 within thirty (30) days of the date of this order. DONE AND ORDERED this l It day of February, 2023. ATTEST: CODE ENFORCEIM T BOARD SECRETARY ST. LUCIE COUNTY CODE ENFORCEMENT BOARD BY: rf CH 1 N- AN APPROVED AS TO FORM AND CORRECTNk--- EESSS: cl COIF EN)RCEMENT BOARD AT ORN Y I HEREBY CERTIFY that this document is a true and correct copy of the Code Enforcement Board Order Imposing Fine/Lien in this ca; 114 : CODE ENMR CE�ENT BOARD SECRETARY I HEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and Order has been furnished by mail to: Page 38 of 438 Michael A. Tracey (EST) 6406 Oleander Ave., Fort Pierce, FL 34982 Andrea Joy Tracey 1625 S Birch St. Apt 1009, Denver, CO 80222 Valydo Levy 6406 Oleander Ave., Fort Pierce, FL 34982 CODE ENFORCEM Nf BOARD SECRETARY age JU o NOTIFICATION OF FINE ANll RECORDING OF LIEN ST. LUCIE COUNTY CODE ENFORCEMENT BOARD MICHAEL A. TRACEY (EST) DATE: FEBRUARY 8, 2023 6406 OLEANDER AVE., FORT PIERCE, FL 34982 CASE NO. 2209-108811 RE: VIOLATION OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section 8.00.03(F), Particular Permitted Accessory Structure, VIOLATION OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS Section 38-26, Abandoned Properties, Unserviceable Vehicles, Etc., Section 38-97, Prohibited Acts, Property Address: 6406 OLEANDER AVE., FORT PIERCE, FL Tax ID #: 3410-331-0003-000-6 This is to advise you that you have not complied with the Order of the Code Enforcement Board dated December 7, 2022. Since you did not comply with the Order, a fine of S250.00 per day with a maximum fine not to exceed $10,000.00 will be imposed beginning Januarr 7 2023. No additional prosecution cost has been imposed. If the case is not brought into compliance and the fine is not paid the attached Order Imposing Fine/Lien shall be filed in the Office of the Clerk of the Circuit Court in and for St. Lucie County, Florida. The Order Imposing Fine/Lien will constitute a lien in the amount of the fine against the property described therein and any other real or personal property owned by Vou. Pursuant to Section 1-2-25(c) of the St. Lucie County Code, after three months from the filing of this lien, if the lien remains unpaid, the Code Enforcement Board may authorize that this lien be foreclosed against your property. If you correct the violations, you must immediately contact the Code Enforcement Department at (772) 462-1571, Monday through Friday, 8:00 a.m. to 5:00 p.m: to arrange for an inspection of your property and to stop the fine from continuing to run. Page 40 of 438 ST. LUCIE COUNTY CODE EN=PARTMENT ROXANNJ HNSO Code Enforcement Board tiecretary age Tl Of ST. LUCIE COUNTY CODE ENFORCEMENT BOARD ORDER IMPOSING FINE/LIEN CASE NO.2209-108811 MICHAEL A. TRACEY (EST) THIS CAUSE came on for a Fine Hearing before the St. Lucie County Code Enforcement Board ("Board") on the 1" day of February, 2023, after due notice to the Violator, Michael A. Tracey (Est). As the Violator, Michael A. Tracey (Est) did not appear for the hearing, the Board having heard testimony under oath, received evidence, and heard argument of counsel, thereupon issued its Order Imposing Fine/Lien as follows: 1. On December 7, 2022, this Board issued its Findings of Fact, Conclusion of Law, and Order determining that the violation of Section 38-97, Prohibited Acts, of the St. Lucie County Code Ordinances, Section 8.00.03(F), Particular Pennitted Accessory Structure, of the St. Lucie County Land and Development Code, and Section 38-26, Abandoned Properties, Unserviceable Vehicles, Etc., of the St. Lucie County Code and Compiled Laws, existed on the property located at 6406 Oleander Ave., Fort Pierce, FL on property described as: 10 36 40 N 30 FT AND E 175 FT OF N 170 FT OF S 1/2 OF N 1/2 OF SW 1/4 OF SW 1/4- LESS W 33 FT FOR RD R/W- (1.58 AC - 68,825 SF) (OR 3798-796) as recorded in the Public Records of St. Lucie County. The Violator was given until January 6, 2023 to abate the violations. 2. Based upon testimony of the Code Enforcement Staff, this Board determines that violation of Section 38-97, Prohibited Acts, of the St. Lucie County Code Ordinances, Section 8.00.03(F), Particular Permitted Accessory Page 42 of 438 Structure, of the St. Lucie County Land and Development Code, and Section 38- 26, Abandoned Properties, Unserviceable Vehicles, Etc., of the St. Lucie County Code and Compiled Laws, continues to exist as the Violator has not mowed and maintained the excessive overgrowth of grass and weeds, has not removed the additional recreational equipment, has not moved the recreational vehicles to a paved surface in front or to the side or rear of the property, has not removed the outside storage of items and materials such as scrap metal, tools, car parts, bins, appliances, furniture, tires, and other miscellaneous items, and has not repaired or removed the unserviceable vehicles, on the property described above. 3. Pursuant to the authority granted by Section 162.09, Florida Statutes, and Section 1-77, of the St. Lucie County Code of Ordinances, and after considering the gravity of the violations, an), actions taken by the Violator to correct the violations, and any previous violations committed by the Violator, this Board orders the Violator to pay a fine of two hundred and fifty 00/100 dollars $250.00J per day for each day the violations continue beginning Janua 7 2023, with the maximum fine not to exceed ten thousand and 00/100 dollars ($10,000.00). No additional prosecution cost was assessed. 4. Pursuant to Section 162.09, Florida Statutes, and Section 1-77, St. Lucie County Code of Ordinances, this Order may be recorded in the Public Records of St. Lucie County, Florida, and shall constitute a lien against the above described property and any other real or personal property owned by the Violator. This Order will continue as a lien Lentil the violations have been abated and the fine ordered in paragraph 3 above is paid. Page 43 of 438 Any Party requesting a rehearing or reconsideration of the Board's action must file a written request setting forth the legal grounds therefore with the Code Enforcement Board Secretary, St. Lucie County, 2300 Virginia Avenue, Fort Pierce, FL 34982 within thirty (30) days of the date of this order. Any aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the enforcement board. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. DONE AND ORDERED this l I day of February, 2023 ATTEST: ) Li�2 CODE ENFORCEM NT BOARD SECRETARY ST. LUCIE COUNTY CODE ENFO BOARD BY: t c= CHAIRMAN APPROVED AS TO FORM AND CO KR TNkSS: CO ' EN RCEMENT BOARD ATTORNeY I HEREBY CERTIFY that this document is a true and correct copy of the Code Enforcement Board Order Imposing Fine/Lien in this case. - CODE ENFORCEM NT BOARD SECRETARY I HEREBY CERTIFY that a true and correct copy of the above and foregoing Code Enforcement Board Order Imposing Fine/Lien has been furnished by mail to: Michael A. Tracey (EST) 6406 Oleander Ave., Fort Pierce, FL 34982 Andrea Joy Tracey 1625 S Birch St. Apt 1009, Denver, CO 80222 V alydo Levy 6406 Oleander Ave., Fort Pierce, FL 34982 4 CODE ENFORCEMOT HOARD SECRETARY Page 45 o I HEREBY CERTIFY that the foregoing document is a true and correct copy of the Code Enforcement Board Order Imposing Fine/Lien entered by the Code Enforcement Board on the I" day of February, 2023, in Case Number 2209- 108811, involving the property owned by Michael A. Tracey (Est). CODE ENFORCE NT BOARD SECRETARY 5 Page 46 of 438 4 Ole.widO Ave r Iu Ir AL 27, cllu�l kvr �I 'r t• � ' �! • Ak k � 1 ke, NL 'CD 4. V 5i - IMNIrm --,m !Rim 71. 3 ST 7 -oc . ;4cmoplhlrmpw m rr-, • �_ � + rn 3 _ r �,� op C 1t A r s r f •• r--j 00. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR ST. LUCIE COUNTY, FLORIDA ST. LUCIE COUNTY, FLORIDA, a political CASE NO. subdivision of the State of Florida, ST. LUCIE COUNTY, on behalf of the State of Florida, Plaintiff, VS. MICHAEL A. TRACEY (EST); VALINDA ANN LONG; AND UNKNOWN TENANT, Defendants VERIFIED COMPLAINT Plaintiff by and through its undersigned counsel, sues Defendants and alleges: GENERAL ALLEGATIONS 1. Plaintiff, ST. LUCIE COUNTY, FLORIDA, (the "COUNTY") is apolitical subdivision of the State of Florida. 2. Pursuant to Section 12.01, Florida Statutes, the COUNTY has the power and responsibility to enact and enforce legislation to protect the public. 3. Michael A. Tracey (EST), hereinafter ("Mr. Tracey") was a resident of St. Lucie County. Mr. Tracey was for some time illegally and unlawfully conducting and carrying on certain activities in violation of St. Lucie County Codes specifically, but not limited to Sections 38-97; and 38-26 of the St. Lucie County Code of Ordinances and Compiled Laws and Section 8.00.03(F) of the St. Lucie County Land Development Code on property owned by the County and 1 Page 52 of 438 on property located at 6406 Oleander Avenue, Fort Pierce, FL 34982, in St. Lucie County, hereinafter (the "Property") and described as follows: 10 36 40 N 30 FT AND E 175 FT OF N 170 FT OF S 1/2 OF N 1/2 OF SW 1/4 OF SW 1/4- LESS W 33 FT FOR RD R/W- (1.58 AC — 68,825 SF) (or 3798-796) 4. Valinda Ann Long, hereinafter ("Ms. Long") is a resident of St. Lucie County. Ms. Long is for some time illegally and unlawfully conducting and carrying on certain activities in violation of St. Lucie County Codes specifically, but not limited to Sections 38-24; 38-97; and 38-26 of the St. Lucie County Code of Ordinances and Compiled Laws and Section 8.00.03(F) of the St. Lucie County Land Development Code on property owned by the County and on the Property described above. 5. Unknown Tenant hereinafter ("Tenant") is a resident of St. Lucie County. The Tenant is for some time illegally and unlawfully conducting and carrying on certain activities in violation of St. Lucie County Codes specifically, but not limited to Sections 38-24; 38-97; and 38-26 of the St. Lucie County Code of Ordinances and Compiled Laws and Section 8.00.03(F) of the St. Lucie County Land Development Code on property owned by the County and on the Property described above. 6. Various types of debris, including, but not limited to tires, bike, trailer, recreational vehicles, and unserviceable vehicles have been deposited on the Property described above. 7. On or about October 12, 2022, in Case Number 2209-108811, the St. Lucie County Code Enforcement Board, hereinafter (the "Board") found Michael A. Tracey in violation of Section 38-97: Prohibited Acts, excessive overgrowth of grass and weeds are not permitted; 2 Page 53 of 438 Section 38-26: Abandoned Property, junk, trash and Debris, outside storage of items and materials such as scrap metal, tools, car parts, bins, appliances, furniture, tires, unserviceable vehicles, and other miscellaneous items is not permitted; Section 8.00.03(F): Outdoor Storage of Recreational Equipment, only two recreational vehicles are allowed on the Property and the recreational vehicles must be on a paved surface to be in the front yard. A fine of two hundred fifty ($250.00) dollars per day will be imposed for each day the violations continue beginning January 7, 2023, with a maximum fine not to exceed ten thousand ($10,000.00) dollars. 8. An inspection of the property determined the Property to be in continued violation of St. Lucie County Code of Ordinances and St. Lucie County Land Development Code. Michael A. Tracey (EST), Valinda Long, Unknown Tenant continue to permit junk, trash, debris is in violation of the building codes. (See Affidavit of Josue Guevara, Code Enforcement Officer, attached hereto and incorporated into this Complaint as Exhibit " ".) 9. The Defendants have accumulated or permitted to accumulate trash, junk and debris in an area zoned for light industrial. The Defendants knew that these activities are not permitted usage of the Property. 10. The County is authorized by law to seek compliance with or restrain by injunction a violation of any ordinance of St. Lucie County, Florida. 11. On February 1, 2023, in Case No. 2209-108811, the Board determined that a violation of Section 38-97, Prohibited Acts, of the St. Lucie County Code of Ordinances, Section 8.00.03(F), Particular Permitted Accessory Structure, of the St. Lucie County Land and Development Code, and Section 38-26, Abandoned Properties, Unserviceable Vehicles, Etc. of the St. Lucie County Code and Compiled Laws, existed on the Property. 3 Page 54 of 438 12. This Property is in continued violation of the St. Lucie County Code of Ordinances and Compiled Laws and the St. Lucie County Land Development Code. (See Affidavit of Josue Guevara, Code Enforcement Officer, attached hereto and incorporated into this Complaint as Exhibit " ".) 13. On March 21, 2023, the Board of County Commissioners authorized to file the suit against Michael A. Tracey (EST), Valinda Long, and Unknown Tenant. 13 above. COUNT ACTION FOR INJUNCTIVE RELIEF 14. The County reincorporates by reference the allegations in Paragraphs 1 thru 15. This is an action for injunctive relief, both temporary and permanent. 16. No adequate remedy at law exists whereby the County can obtain the proper relief against the Defendants for violation of the County Codes and Florida Statutes for this accumulation of abandoned property, garbage, trash, junk and debris and non -maintenance of the Property at 6406 Oleander Avenue, Fort Pierce, FL 34982. (See Affidavit attached and incorporated herein as Exhibit " ".) 17. The COUNTY is authorized by law to seek compliance with or restrain by injunction a violation of any ordinance of St. Lucie County, Florida. 18. Irreparable harm to the COUNTY will result dur to the continued conduct of Defendants in either causing or continuing to litter, debris and not maintaining the Property. Such conduct is not only expressly prohibited by ordinance, but also imperils the peace, safety, 4 Page 55 of 438 and health of St. Lucie County, Florida, and its residents. Defendants' conduct also constitutes a public health hazard. WHEREFORE, the Plaintiff demands judgment against Defendants for a temporary restraining order, restraining and enjoining them from depositing any debris, junk, refuse, or unauthorized material of any form on the property described hereon or any property located in Sir. Lucie County except where such use is legally authorized and to require Defendants to henceforth and without delay remove all debris, junk, salvage and other materials from said property, and on the final hearing, grant permanent injunctive relief prohibiting Defendants from conducting or engaging in any of the activities described above anywhere within the County except where authorized by law. Plaintiff further requests such other and further relief as is just, equitable, and proper under the circumstances, together with costs of this action. COUNT II ACTION FOR ABATEMENT OF NUISANCE 19. St. Lucie County on behalf of the State of Florida reincorporates by reference the allegations in Paragraphs 1 thru 14 above. 20. Section 60.05, Florida Statutes, authorizes the County Attorney to sue in the name of the State on his or her relation to enjoin the nuisance. 21. This is an action to enjoin the nuisance on property located at 6406 Oleander Avenue, Fort Pierce, FL 34982, in St. Lucie County and for temporary and permanent injunction. 22. Section 823.05 Florida Statutes provides, inter alia, "Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent or place which tends to annoy a nuisance, and the building, erection, place, tent, or booth and the furniture, fixtures and 5 Page 56 of 438 contents are declared a nuisance. All such places or persons shall be abated or enjoined as provided in ss. 60.05 and 60.06." 23. Irreparable harm to the COUNTY will result due to the continued conduct of Defendants in either causing or continuing to litter, debris and not maintaining the Property. Such conduct is not only expressly prohibited by ordinance, but also annoys and is injurious of the health of the community of St. Lucie County, Florida, and its residents. Defendants' conduct also constitutes a public health hazard. WHEREFORE, Plaintiff demands judgment against Defendants for a temporary restraining order, restraining and enjoining them from depositing any debris, junk, refuse or unauthorized material of any form on the property described herein or on any property located in St. Lucie County except where such use is legally authorized and to require Defendants to henceforth and without delay remove all debris, junk, salvage and other materials from said property, and on the final hearing, grant permanent injunctive relief prohibiting Defendant from conducting or engaging in any of the activities described above anywhere within the County except where authorized by law. Plaintiff further requests such other and further relief as is proper under the circumstances, together with costs of this action. M Page 57 of 438 DESIGNATION OF E-MAIL ADDRESSES PURSUANT TO RULE 2.516 Katherine D. Barbieri, as attorney for St. Lucie County Attorney's Office on behalf of the St. Lucie County Board of County Commissioners, hereby designates, pursuant to Rule 2.516, the following e-mail addresses for the purpose of service of all documents required to be served pursuant to Rule 2.516 in this proceeding: Primary E-Mail Address: Secondary E-Mail Address barbierikg stlucieco. org SLCAttorney(c ,stlucieco.org CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail via the Florida Courts E-Filing Portal, as authorized by Fla. R. Jud. Admin 2.516, to , Esq., at the Defendants this day of and mailed via U.S. Mail to 2023. DANIEL S. MCINTYRE ST LUCIE COUNTY ATTORNEY Florida Bar No. 287571 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 (772) 462-1441 BY: _/s/Katherine D. Barbieri Katherine D. Barbieri, Esquire Assistant County Attorney St. Lucie County Florida Bar Number: 0947148 2300 Virginia Avenue Fort Pierce, FL 34982 Phone: (772) 462-1441 Fax: (772) 462-1440 Primary: barbieriknstlucieco.org Secondary: SLCAttomey(a stlucieco.org Attorney for the County Page 58 of 438 STATE OF FLORIDA COUNTY OF ST. LUCIE Before me, the undersigned authority, personally appeared DANIELLE WILLIAMS who has sworn and says the foregoing complaint is true. WILLIAMS. DANIELLE WILLIAMS Code Enforcement Supervisor Sworn to and subscribed before me on Personally known OR Produced Identification Type of Identification Produced Notary Public, State of Florida My Commission Expires: by DANIELLE Page 59 of 438 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division 2023-58670 CONSENT AGENDA - PROPERTY ACQUISITION DIVISION DATE: 3/21/2023 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No SUBJECT: Revocable License Agreement - 845 SE Tierra Court - River Park - Unit 7 - Edrick Rodriguez and Angela N Rodriguez - Parcel ID 3419-550-0049-000-0 Mr. and Mrs. Rodriguez are requesting a Revocable License Agreement to install a 6' wood fence along the north and south sides of the property, within the County's 6' Drainage/Utility Easement, and a 6' wood fence along the east side of the property, within the County's 10' Drainage/Utility Easement, per the Plat recorded in Plat Book 12, Page 41. They understand if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area, the fence will need to be removed or relocated at their expense. Engineering, Road & Bridge, Water Quality, and the City of Port Saint Lucie have reviewed the license agreement and have no objections. BACKGROUND: Mr. and Mrs. Rodriguez are requesting a Revocable License Agreement to install a 6' wood fence along the north and south sides of the property, within the County's 6' Drainage/Utility Easement, and a 6' wood fence along the east side of the property, within the County's 10' Drainage/Utility Easement, per the Plat recorded in Plat Book 12, Page 41. They understand if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area, the fence will need to be removed or relocated at their expense. Engineering, Road & Bridge, Water Quality, and the City of Port Saint Lucie have reviewed the license agreement and have no objections. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A Page 60 of 438 RECOMMENDATION: Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. and Mrs. Rodriguez pay to record the agreement in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: March 10, 2023 Daniel McIntyre, County Attorney Date: March 11, 2023 Mayte Santamaria, Deputy County Administrator Page 61 of 438 Saint Lucie County Property Appraiser 1:4,514 2/16/2023 0 187.5 375 750 ft Sanborn, FDOR 55 110 220 m Page 62 of 438 This document prepared without the benefit of title by Kayla Chidgey, under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of __ , 2023, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and Edrick Rodriguez and Angela N Rodriguez, whose address is, 845 SE Tierra Ct, Port Saint Lucie, FL 34983 (the "Owners") WHEREAS, the Owners own the property described as follows: River Park - Unit 7, Block 65, Lot 10 - 845 SE Tierra Ct Parcel ID: 3419-550-0049-000-0 WHEREAS, the Owners have requested a Revocable License Agreement to install a 6' wood fence along the north and south sides of the property, within the County's 6' Drainage/Utility Easement, and a 6' wood fence along the east side of the property, within the County's 10' Drainage/Utility Easement, per the Plat recorded in Plat Book 12, Page 41. The fence location is depicted in Exhibit A. WHEREAS, the City of Port St. Lucie Utility Systems Department ("City") may have utility facilities, including, but not limited to, water or wastewater lines, which require the City's access, maintenance, and repair within the Easement. WHEREAS, the County is willing to permit the Owners to encroach in the County's easements for the purpose of installing the fence subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owners a Revocable License Agreement for the fence which will encroach within the County's Drainage/Utility Easements. This Revocable 1 Page 63 of 438 License shall extend only to the referenced fence and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owners permission to install and maintain the fence in the County's easements. The Owners agree that if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area the fence needs to be removed or relocated, the Owners will do so at the Owners' sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owners to install the fence in the County's easements. The Owners shall obtain a St. Lucie County Building permit prior to the commencement of construction activities within the County Drainage/Utility Easements. 4. The Owners shall maintain the easements along the fence in accordance with Standard Specifications for applicable City codes and Public Works Construction in St. Lucie County, Florida. The fence shall not interfere with the City or County use of the easements and any damage to the County easements or City's facilities shall be repaired by Owners. S. This Revocable License Agreement shall be binding on future successors and assignees of the Owners, provided that the Owners give adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the Owners' sole expense upon ninety (90) days written notice to the Owners. The County Engineer, in lieu of termination, may request that the Owners perform certain alterations to the fence or the location of the fence, at the Owners' sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owners shall be responsible for the removal of the fence and repair of the easements and utility facilities, if necessary. 2 Page 64 of 438 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owners agree to relocate the referenced fence, at any time and at no cost to the County, if necessary, for the maintenance or improvements of the easements by the County or Utilities Dept. The County does not accept any responsibility for damages to the fence to be able to access the easements. 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owners. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owners agree to allow County employees access to the location of the fence for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this License shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owners: Edrick and Angela Rodriguez 845 SE Tierra Ct Port Saint Lucie, FL 34983 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 3 Page 65 of 438 13. As consideration for the County granting this Revocable License Agreement the Owners agree to indemnify and hold the County and the City harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensees' use of the property. 14. The Owners shall promptly pay to record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owners shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK 4 BY: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 66 of 438 Witness Edrick Rodriguez PRINT N E a Wi ness Angela N Rod66Qez K�dr,n -A- PRINT NAME STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowge before me by means of [ ] physical presence or [ ] online notarization, this M of v(r 2023, by Edrick RodriEuez and Angela_ Nand N Rodriguez who are ersona y n wn to me or who have produced [Notary Seal] (type of identification) as 5 fication. Page 67 of 438 5' C E SE TI.ERRA COURT OUBLE !G GATE EXHIBIT a a 9 Page 68 of 438 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division 2023-58682 CONSENT AGENDA - PROPERTY ACQUISITION DIVISION DATE: 3/21/2023 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No SUBJECT: Revocable License Agreement - 8522 Lonesome Pine Trail - Hidden Pines Estates - Robert Eric Arndt and Anne Benson Arndt - Parcel ID 2323-701-0031-000-6 Mr. and Mrs. Arndt are requesting a Revocable License Agreement to install a 6' wood fence with a 6' gate along the north side of the property, within the County's 20' Drainage/Utility Easement, a 6' wood fence, a 4' cattle fence, and a 4' gate along the west side of the property, and a 6' wood fence and a 4' cattle fence on the east side of the property, within the County's 6' Utility Easement, per the Plat recorded in Plat Book 17, Page 21. They understand if the County Engineer determines the fence and gates are causing flooding, drainage problems or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge and Water Quality have reviewed the license agreement and have no objections. BACKGROUND: Mr. and Mrs. Arndt are requesting a Revocable License Agreement to install a 6' wood fence with a 6' gate along the north side of the property, within the County's 20' Drainage/Utility Easement, a 6' wood fence, a 4' cattle fence, and a 4' gate along the west side of the property, and a 6' wood fence and a 4' cattle fence on the east side of the property, within the County's 6' Utility Easement, per the Plat recorded in Plat Book 17, Page 21. They understand if the County Engineer determines the fence and gates are causing flooding, drainage problems or for other needs in the area, the fence and gates will need to be removed or relocated at their expense. Engineering, Road & Bridge and Water Quality have reviewed the license agreement and have no objections. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Page 69 of 438 N/A RECOMMENDATION: Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. and Mrs. Arndt pay to record the agreement in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures N /FVf Date: March 10, 2023 Daniel McIntyre, County Attorney Date: March 11, 2023 Mayte Santamaria, Deputy County Administrator Page 70 of 438 Saint Lucie County Property Appraiser Its Lonesome l Gne 9 40 4. 4 lb 4 4r Okeechobee ' Okeechobee Rd - 1:4,514 2/16/2023 0 187.5 375 750 ft 0 55 110 220 m Sanborn, FDOR Page 71 of 438 This document prepared without the benefit oftitle by Kayla Chidgey, under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2023, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and ROBERT ERIC ARNDT AND ANNE BENSON ARNDT whose address is, 8522 Lonesome Pine Trail, Fort Pierce, FL 34945 (the "Owners"). WHEREAS, the Owners own the property described as follows: Hidden Pines Estates - Block B, Lot 16 — 8522 Lonesome Pine Trail Parcel ID: 2323-701-0031-000-6 WHEREAS, the Owners have requested a Revocable License Agreement to install a 6' wood fence with a 6' gate along the north side of the property, within the County's 20' Drainage/Utility Easement, a 6' wood fence, a 4' cattle fence, and a 4' gate along the west side of the property, and a 6' wood fence and a 4' cattle fence on the east side of the property, within the County's 6' Utility Easement, per the Plat recorded in Plat Book 17, Page 21. The fence location is depicted in Exhibit A. WHEREAS, the County is willing to permit the Owners to encroach in the County's easements for the purpose of installing the fences and gates subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owners a Revocable License Agreement for the fences and gates which will encroach within the County's Drainage/Utility Easements. This Revocable License shall extend only to the referenced fences and gates and shall not extend to the construction and/or installation of any additional structures or utilities. 1 Page 72 of 438 2. The sole purpose of this Revocable License Agreement is to grant the Owners permission to install and maintain the fences and gates in the County's easements. The Owners agree that if the County Engineer determines the fences and gates are causing flooding, drainage problems or for other needs in the area the fences and gates need to be removed or relocated, the Owners will do so at the Owners' sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owners to install the fences and gates in the County's easements. The Owners shall obtain a St. Lucie County Building permit prior to the commencement of construction activities within the County Drainage/Utility Easements. 4. The Owners shall maintain the easements along the fences and gates in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The fences and gates shall not interfere with County use of the easements and any damage to the County easements shall be repaired by Owners. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owners, provided that the Owners give adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the Owners' sole expense upon ninety (90) days written notice to the Owners. The County Engineer, in lieu of termination, may request that the Owners perform certain alterations to the fences and gates or the location of the fences and gates, at the Owners' sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fences and gates, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owners shall be responsible for the removal of the fences and gates and repair of the easements, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 2 Page 73 of 438 9. Owners agree to relocate the referenced fences and gates, at any time and at no cost to the County, if necessary, for the maintenance or improvements of the easements by the County or Utilities Dept. The County does not accept any responsibility for damages to the fences and gates to be able to access the easements. 10. The fences and gates shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owners. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owners agree to allow County employees access to the location of the fences and gates for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this License shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owners: Robert and Anne Arndt 8522 Lonesome Pine Trail Fort Pierce, FL 34945 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 3 Page 74 of 438 13. As consideration for the County granting this Revocable License Agreement the Owners agree to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensees' use of the property. 14. The Owners shall promptly pay to record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owners shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK El BY: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 75 of 438 Witnes �fiOI o" wf—(c,,h PRINT NAME Witness R v �--kRCC1,-'(qVV0-7-. PRINT NAME STATE OF FLORIDA COUNTY OF ST. LUCIE Robert Eric Arndt Anne Benson Arndt The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this of Benson Arndt, f-1 orUo� ';�'yv [Notary Seal] 2023, by Robert Eric Arndt and Anne who are personally known to me or who have produced ""-P-'r S kt U, ` (type of identification) as identification. `t%%11i111//1' C- BOD �9/ ......... AR�G% ROC Q' Nota � Signature y Q : MY COMM. r 2 ite 24 January 17 : -I No. GG 934780 ` 4 1P % �, C' �O Name Printed UgO OF 111�111 Page 76 of 438 X - 6' WOOD FENCE 0 - 4' CATTLE FENCE Ln vq T lZ 1SO' W OFF PROPERTY LINE N Ln 00 E Ot '� 10 k O ! { 44 S 0 O7 I i N �CF.N C i d4' GATE 7 100' Clo,0000000000000-- f�p01 LONESOME PINE TR L 5 EXHIBIT � • a D D Page 77 of 438 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division 2023-58693 CONSENT AGENDA - PROPERTY ACQUISITION DIVISION DATE: 3/21/2023 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No SUBJECT: Revocable License Agreement - 219 Olive Avenue - River Park - Unit 2 - Sonia E. Pereira and Pablo P. Bouquet - Parcel ID 3419-510-0276-000-6 Ms. Pereira and Mr. Bouquet has requested a Revocable License Agreement to install a 6' wood fence along the southwest side of their property within the County's 6' Drainage/ Utility Easement per the Declaration of Restrictive Covenants recorded in Deed Book 224 Page 453. They understand if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area, the fence will need to be removed or relocated at their expense. Engineering, Road & Bridge, Water Quality and the City of Port Saint Luice have reviewed the license agreement and have no objections. BACKGROUND: Ms. Pereira and Mr. Bouquet has requested a Revocable License Agreement to install a 6' wood fence along the southwest side of their property within the County's 6' Drainage/ Utility Easement per the Declaration of Restrictive Covenants recorded in Deed Book 224 Page 453. They understand if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area, the fence will need to be removed or relocated at their expense. Engineering, Road & Bridge, Water Quality and the City of Port Saint Luice have reviewed the license agreement and have no objections. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Page 78 of 438 Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Ms. Pereira and Mr. Bouquet pay to record the agreement in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: March 09, 2023 JoAnn Riley, Property Acquisition Manager Date: March 10, 2023 Daniel McIntyre, County Attorney Date: March 11, 2023 Mayte Santamaria, Deputy County Administrator Page 79 of 438 r �� Y' _ �r � "�P � Tom' .t � � �' � � - � • L Ik Alf ■ tr ; ,y lot -r, k V*o fit Av Nt Ilk 61 194 7 i �vj • J _ • � � 1 y ,/, 1 fir. �. ! .. O % � 1F� _ • , 1 •� A y i- ti ol Iv This document prepared without the benefit of title by Vikki Mitchell, under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2023, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and Sonia E. Pereira and Pablo P. Bouquet whose address is, 219 Olive Avenue, Port Saint Lucie, Florida, 34952 (the "Owners") WHEREAS, the Owners own the property described as follows: River Park - Unit 2, Block 19, Lot 45- 219 Olive Avenue Parcel I D : 3419-510-0276-000-6 WHEREAS, the Owners have requested a Revocable License Agreement to install a 6' wood fence along the southwest side of the property, within the County's 6' Drainage/Utility Easements per the Declaration of Restrictive Covenants recorded in Deed Book 224 Page 453. The fence location is depicted in Exhibit A. WHEREAS, the City of Port St. Lucie Utility Systems Department ("City") may have utility facilities, including, but not limited to, water or wastewater lines, which require the City's access, maintenance and repair within the Easement. WHEREAS, the County is willing to permit the Owners to encroach in the County's easements for the purpose of installing the fence subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owners a Revocable License Agreement for the fence which will encroach within the County's Drainage/Utility Easements. This Revocable License shall extend only to the referenced fence and shall not extend to the construction and/or installation of any additional structures or utilities. 1 Page 81 of 438 2. The sole purpose of this Revocable License Agreement is to grant the Owners permission to install and maintain the fence in the County's easements. The Owners agree that if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area the fence needs to be removed or relocated, the Owners will do so at the Owners' sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owners to install the fence in the County's easements. The Owners shall obtain a St. Lucie County Building permit prior to the commencement of construction activities within the County Drainage/Utility Easements. 4. The Owners shall maintain the easements along the fence in accordance with Standard Specifications for applicable City codes and Public Works Construction in St. Lucie County, Florida. The fence shall not interfere with the City or County use of the easements and any damage to the County easements or City's facilities shall be repaired by Owners. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owners, provided that the Owners give adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the Owners' sole expense upon ninety (90) days written notice to the Owners. The County Engineer, in lieu of termination, may request that the Owners perform certain alterations to the fence or the location of the fence, at the Owners' sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owners shall be responsible for the removal of the fence and repair of the easements and utility facilities, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. K Page 82 of 438 9. Owners agree to relocate the referenced fence, at any time and at no cost to the County, if necessary, for the maintenance or improvements of the easements by the County or Utilities Dept. The County does not accept any responsibility for damages to the fence to be able to access the easements. 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owners. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owners agree to allow County employees access to the location of the fence for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this License shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owners: Sonia E. Pereira Pablo Bouquet 219 Olive Avenue Port Saint Lucie, FL 34952 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owners agree to indemnify and hold the County and the City harmless from and against all 3 Page 83 of 438 claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensees' use of the property. 14. The Owners shall promptly pay to record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owners shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK 4 BY: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 84 of 438 VX'tn'ess Sonia E. Pereira PRINT NAMF Witness V-quvk.-- PRINT NAME STATE OF FLORIDA COUNTY OF ST. LUCIE r Pablo Bouquet The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this -P-7 (date) by Sonia E. Pereira and Pablo Bouquet, who are personally known to me or who have produced L:+ cwy- (type of identification) as identification. J r' [Not Nota Signature tate Of Florida REK GCa 950905 � (L24 Name Printed 5 Page 85 of 438 BOUNDARYSURVEY RONN PIP�2» 0 I.D. --- 0 P.C. , Cr1 V � :� �2-0. l �9 ."o FOUND P-K NAIL/DISC \ N PIS ' NO I.D. WON �Hk OZ 00N, 0.4'E S q 9G4RF CROSSING OVER PROPERTY UNE ON NORTHWESTERLY SIDE OF LOT. TJ45REARE FENCES NEAR THE NORTHEASTERLY SIDE OF THE PROPERTY. .C. EXHIBIT a FOUND 1/2" IRON ROb/CAP NO I.D. OXN, 0.4'E LOT 40 BLOCK ] 9 FOUND 112" J . IRON ROuu 8��-o '`�N90N, 23.5'W y ry ✓ V o- LOT 45 oPLOCK 19 BLOCK 19 t 0�v FOUND 1 2" r IRON ROd! NO I.D. 19.5'N, 23.3'W BO,'%T C11ANNNEL -?:_� `��°R ¢:o No. Eats SURVEYORS CERTIFICATE 'TARGET ItWaYCERTIFYY THAT THIS BOUNDARY SURVEY ISATRUE AND CORRECTREPRESENTATION OFA ST Rt ylf f Q �,�y.I.e I Lv SURVEY FREpARED UNDER NY ORECT". NOTVALIo wmaDT ARAU KEWC ITEb alaRONIC SIDN4TUREAND AUTHENTiCAIMUCTRONICSEIJ., LB #7893 �'. STATE OF or�,t.94 ORAWUBEDEWBOSSE09FiLLAND 6N�7L111JRE. SERVING FLORIDA DISRMIy sT9nad Kenneth A 0sborneo+w.20I7,ms7 6250 N. MWARY TRAIL, SUITE 102 WEST PALM BEACH, FL 33407 PHONE {581)640�800 (S1GNE0) _ nxs»-0roo pq(;F /gyp pp(��Q STATEWIOEPHONE (W)22648DT STATEWIDE FACSIMILE(800)741-W6 NENNETHJOSODRNE PROFESSIONAL SURVEYOR AND LOAVROMIS INbi L'bNPIZ'IL�Mi5f0UTF.COE IJ WEBSITE: MIPIII319BISWE�i1iDROI AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division 2023-58720 CONSENT AGENDA - PROPERTY ACQUISITION DIVISION DATE: 3/21/2023 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No SUBJECT: Revocable License Agreement - 5602 Shannon Drive - Lakewood Park - Unit 11 - Randall William Trawick - Parcel ID 1301-613-0367-000-9 Mr. Trawick has requested a Revocable License Agreement to install a 6' wood fence along the east side of the property, within the County's 10' Drainage/Utility Easement and a 6' wood fence along the north and south sides of the property, extending into the County's rear 10' Drainage/Utility Easement, per the Plat recorded in Plat Book 11, Page 32. He understands if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area, the fence will need to be removed or relocated at his expense. Engineering, Road & Bridge and Water Quality have reviewed the license agreement and have no objections. BACKGROUND: Mr. Trawick has requested a Revocable License Agreement to install a 6' wood fence along the east side of the property, within the County's 10' Drainage/Utility Easement and a 6' wood fence along the north and south sides of the property, extending into the County's rear 10' Drainage/Utility Easement, per the Plat recorded in Plat Book 11, Page 32. He understands if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area, the fence will need to be removed or relocated at his expense. Engineering, Road & Bridge and Water Quality have reviewed the license agreement and have no objections. PREVIOUS ACTION: N/A 19101I_V14r-Al41AlI]_T40 N/A 1.11X410117i1► I101DI-Al IWLI Page 87 of 438 Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. Trawick pay to record the agreement in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: March 09, 2023 JoAnn Riley, Property Acquisition Manager W14 # r , Date: March 10, 2023 Daniel McIntyre, County Attorney Date: March 11, 2023 Mayte Santamaria, Deputy County Administrator Page 88 of 438 Cabana Ln 3/1 /2023 Saint Lucie County Property Appraiser P4,to Yi Sebastian Rd Q 0 , i � cc 1:2,257 0 90 180 0 25 50 Sanborn, FDOR 360 ft �J 100 m Page 89 of 438 This document prepared without the benefit of title by Vikki Mitchell, under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2023, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and Randall William Trawick whose address is, 5602 Shannon Drive, Fort Pierce, Florida 34951 (the "Owner"). WHEREAS, the Owner owns the property described as follows: Lakewood Park - Unit 11, Block 153, Lot 1— 5602 Shannon Drive Parcel I D : 1301-613-0367-000-9 WHEREAS, the Owner has requested a Revocable License Agreement to install a 6' wood fence along the east side of the property, within the County's 10' Drainage/Utility Easement and a 6' wood fence along the north and south sides of the property, extending into the County's rear 10' Drainage/Utility Easement, per the Plat recorded in Plat Book 11, Page 32. The fence location is depicted in Exhibit A. WHEREAS, the County is willing to permit the Owner to encroach in the County's easements for the purpose of installing the fence subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the fence which will encroach within the County's Drainage/Utility Easements. This Revocable License shall extend only to the referenced fence and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to install and maintain the fence in the County's easements. The Owner agrees that 1 Page 90 of 438 if the County Engineer determines the fence is causing flooding, drainage problems or for other needs in the area the fence needs to be removed or relocated, the Owner will do so at the Owner's sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to install the fence in the County's easements. The Owner shall obtain a St. Lucie County Building permit prior to the commencement of construction activities within the County Drainage/Utility Easements. 4. The Owner shall maintain the easements along the fence in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The fence shall not interfere with County use of the easements and any damage to the County easements shall be repaired by Owner. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that the Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer, in lieu of termination, may request that the Owner perform certain alterations to the fence or the location of the fence, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the fence and repair of the easements, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced fence, at any time and at no cost to the County, if necessary, for the maintenance or improvements of the easements by the County or 2 Page 91 of 438 Utilities Dept. The County does not accept any responsibility for damages to the fence to be able to access the easements. 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this License shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: Randall William Trawick 5602 Shannon Drive Fort Pierce, FL 34951 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of 3 Page 92 of 438 actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Owner shall promptly pay to record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK 4 BY: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 93 of 438 6tv- Witness PRINT NAME Witnes /J PRINT NAM STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this of PArr,(1-- 2023, by Randall William Trawick, who is personally known to me or who has produced identification) as identification. *�, Benjamin Alexander Beerman Notary Public State of Florida Comm# HH011805 [Notary Seal]Expires 6/17/2024 5 (type of eA inn i n A • 6 ee2m(,n, Name Printed Page 94 of 438 SHEET 1 OF 2 SURVEY SKETCH ------------ SURVEY NOT COMPLETE WITHOUT ALL P OF BOUNDARY SURVEY PREPARED FOR MARONDA HOMES TREASUI EXHIBIT a ' LOT 4 ' BLOCK 153 VACANT 1 GATE SIf ►b E,� SIRC 1/2" "LB 6912" S89'5 59'E 21• 121.0 21.0 'U *qP " 35.0 w II 2LO LOT 1 BLOCK 153 m 22. 11,072 SQ. FT. w S 0.25 ACRES +/ WA I 35.0 Marc ' N 1 \ ED I U I PRU^OSm N CONORVE .,1 �, EL=2S3 I 0 • v PRavosm N #56D2 PROPO �.7 SEDONE I STORY CBS RESIDENCE m } ODEL' 1B67 A PROP SED FFE = 24.50 ,aa 2.5 I o_ GE = 24.00 a2n ap Iuk c I n cn P Z 23. +M'l 38.0 I a y O i w Z 35.0' f1C TANK 23.5 En N IRC 1/2' ti S89'58'00'E- ' . ' . x%; 121.00` i I 2t.D wMIS � SEBASITAN ROAD I ZvO� (70F PUB11C R/W) 2 XV BEARING q, 20' ASPHALT ROADWAY >� BASIS z`' _ _ _.._ E-W DUARTER UNE Y ._.. S89'S8'00'E S£C 12, T345, R39E LOT 3 BLOCK 153 VACANT 1/2" 6912" -1/2" 6912' LOT 2 BLOCK 153 OCCUPIED FFE = 23.32 NOTES: ELEVATION NOTES: NORTH ARROW & ALL BEARINGS AND DISTANCES SHOWN ARE RECORD AND ALL ELEVATIONS SHOWN ARE BASED UPON NORTH AMERICAN GRAPHIC SCALE MEASURED, UNLESS OTHERWISE SHOWN. VERTICAL DATUM OF 1988 (NAYD'88). ARE UTILITY AND DRAINAGE UPON THE RECORD BEARING THE PROPOSEDFER HEALTH (SHED FLOOR ELEVATION IS SUBJECT TO CHANGE Or 1" -I 30' BEARINGS CENTERLINE OF SEBASTIAN ROAD. PERMIT NUMBER AND CONTACT �Q MARONDA HOMES TREASURE COAST EfOSnNG DIVAnM- X PROPOS ELEVATION— dam ORNNAGE ARROW nE 2,D7-2/ REVISION - KNOW I T NOW, INC. FlELD DATE - 07/21/2021 REN90N - REVSION - REVISION - PROFESSIONAL SURVEYING AND MAPPING REVISION - REMSIOH - 5220 US HIGHWAY 1, #104 REVSION - REVISION- VERO BEACH, FL 32967 q REVISION _ PHONE - (888) 396-7770 REVISION - FLORIDA BUSINESS CERTIFICATE OF AUTHORIZATION NUMBER LB 6912 WWW.KINSURVEYORS.COM Page 95 of 438 8.C.1. TO: IJd:1141:11,131417 YA SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners 2023-58724 CONSENT AGENDA - HUMAN RESOURCES & RISK MANAGEMENT DEPARTMENT DATE: 3/21/2023 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No Heather Young, Interim Human Resources Director Human Resources & Risk Management Department Agreement with FMLASource for Administration of Family Medical Leave Act (FMLA) Leave and Americans with Disabilities Act (ADA) leave for County Employees Pursuant to the Family Medical Leave Act (FMLA) and the Americans with Disabilities with Disabilities Act (ADA), the County provides leave to qualified employees. Both programs require extensive tracking and oversight in order to maintain compliance as a covered employer. In order to insure continued compliance as well as provide more efficient services to County employees, staff is proposing that the County enter into the attached agreement with FMLASource to administer both programs. The proposed agreement will have an initial term of two years with the option to renew for two additional years upon mutual agreement of the parties. The agreement may be terminated without cause by either party upon 120 calendar days prior written notice. FMLASource will provide the specified services at a cost of $1.42 per employee per month ("pepm") for FMLA services and $1.05 pepm for ADA services. The initial cost will be based upon the County's current workforce of 850 employees. This cost will be adjusted based upon quarterly employee numbers. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds are available for this expenditure in Account Number 001-1330-534000-130000 (Other Contractual Services). RECOMMENDATION: Staff recommends the Board approve the proposed agreement with FMLASource, and authorize the Chair to sign the agreement as presented. COMMISSION ACTION: RESULT: Page 96 of 438 MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures doll ' Date: March 10, 2023 Daniel McIntyre, County Attorney Date: March 13, 2023 Jennifer Hill, Office of Management & Budget Director r Date: March 14, 2023 George Landry, County Administrator Page 97 of 438 DocuSign Envelope ID: 9EOF6543-0069-4B86-9670-2D9C01F38D23 FMLASourceo AGREEMENT This agreement ("Agreement") sets forth the agreed upon terms and conditions surrounding FMLASource, Inc.'s ("FMLASource") delivery of Family and Medical Leave Act ("FMLA") and Americans with Disabilities Act ("ADA") administration and information services ("Services") to all employees of St. Lucie County BOCC (hereinafter referred to as "Client") to begin April 1, 2023 ("Commencement Date"). This Agreement also refers to FMLASource and Client individually as "Party" and collectively as the "Parties." The terms and conditions are as follows: 1. Term: Initial term of two (2) years for the delivery of Services to Client. After the expiration of the initial term, (March 31, 2025), this Agreement may be renewed for an additional two (2) year period upon mutual written agreement of the parties. 2. Termination: a. Without Cause. Either party may terminate the Agreement without cause at any time upon 120 calendar days prior written notice to the other party. In the event of termination, the Client shall compensate FMLASource for all authorized Services satisfactorily and responsibly provided and completed through the termination date. Upon such termination, FMLASource waives any claims for damages from the termination without cause, including without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of FMLASource, the Client shall compensate FMLASource for all charges incurred up to the termination date. b. Scrutinized Companies Termination. The Client may immediately terminate the Agreement without cause at any time upon ascertaining that pursuant to § 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services if at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, or at any time thereafter, the company: (1) is on the Scrutinized Companies that Boycott Israel List, created pursuant to § 215.4725, Florida Statutes, or is engaged in a boycott of Israel; (2) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to § 215.473, Florida Statutes; or (3) is engaged in business operations in Cuba or Syria. Furthermore, the County may immediately terminate the Contract if it is determined that the company submitted a false certification stating that it was not (1) on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; (2) was not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; (3) or was not engaged in business operations in Cuba or Syria when in fact the company was engaged in such activities at the time of the bid or proposal, or at the time of entering into or renewing the Agreement. Page 98 of 438 DocuSign Envelope ID: 9EOF6543-0069-4B86-9670-2D9C01F38D23 3. Fees: (A) Client agrees to pay FMLASource a fee of $1.42 per employee per month ("pepm") for FMLA services and $1.05 pepm for ADA services. Client represents that as of the Commencement Date it has approximately 850 employees located in the United States. Client agrees to provide FMLASource with quarterly updated employee counts. Fees to be paid by Client to FMLASource shall be adjusted to reflect the updated employee counts. Payment for Services is due on a quarterly basis beginning on the Commencement Date and thereafter on or before each three (3) month anniversary of the Commencement Date. In the event that any payment due FMLASource hereunder is not received by FMLASource from Client when due, a delinquency charge shall be assessed on each installment assessed in default for not less than five days in an amount not to exceed five percent (5%) for each month the installment remains unpaid. FMLASource reserves the right to amend its fees in the event of any program or administrative changes due to state or federal law. Client shall be given at least sixty (60) days' notice before any change in fees shall take effect. (B) Any travel expenses pre -approved by both parties in writing (associated with, for example, Client requested training or Account Management) shall be billed separately and are due thirty (30) days after receipt of invoice by Client. 4. Exclusivity: During the term of this Agreement, Client warrants that FMLASource shall be the exclusive provider of the Services under this Agreement to all employees of Client, its affiliates and subsidiaries. 5. Services: Services are described on Schedule I attached hereto. Client understands that it is entitled to standard FMLA and ADA Services pursuant to the terms and conditions of this Agreement. In the event Client desires to customize services, Client and FMLASource shall mutually agree upon the scope and cost of such customizations. Customizations may include, without limitation, creation of file feeds, software programming, web -site development or process adjustments. 6. Eligibility Files: Client shall use its best efforts to provide FMLASource with complete and accurate employee eligibility files on a monthly basis. Client understands and agrees that FMLASource shall not be liable for any claims or losses resulting from or related to Client's failure to provide such files or from Client's provision of incomplete or inaccurate eligibility files. 7. Historical Data: FMLASource will accept historical leave information from Client and apply it to leave entitlement. In addition, FMLASource will take over administration of any existing, ongoing leaves. Client will provide historical leave information in the FMLASource Template, attached as Schedule II. If Client is unable to provide the necessary information in the FMLASource Template, FMLASource will administer such leaves without regard to historical leave information, and, consequently, employees will receive a full refresh of FMLA entitlement. Client agrees to pay FMLASource a fee of $100 per pre-existing claim. 8. Ownership of Information: Client shall retain ownership of all documents, files, information and employee data provided to FMLASource by Client under this Agreement. Upon reasonable request of the Client and as permitted by law, all documents, files, information and employee data shall be promptly returned to Client or destroyed upon expiration or earlier termination of this Agreement. 2 Page 99 of 438 DocuSign Envelope ID: 9EOF6543-0069-4B86-9670-2D9C01F38D23 9. Protected Information: FMLASource and its employees, agents and/or independent contractors acknowledge and agree that certain information it will have access to in the course of providing the Services may be Protected Health Information ("PHI") as defined in the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated thereunder by the U.S. Department of Health and Human Services (together "HIPAA"), or other confidential medical information under applicable state law. Accordingly, FMLASource and its employees, agents and/or independent contractors will comply with applicable state and federal law regarding the use and disclosure of confidential medical information and/or PHI. FMLASource will comply with any applicable data protection and privacy laws applicable to its performance of its obligations under or in connection with this Agreement. FMLASouce will develop, implement, maintain, and use appropriate administrative, technical, and physical safeguards to protect the privacy of said information. The safeguards must reasonably protect said information from any intentional or unintentional use or disclosure in violation of applicable data protection laws. 10. Force Majeure: No failure, delay or default in performance of any obligation of by either party shall constitute an event of default or breach of the Agreement to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of the defaulting party, including, but not limited to: action or inaction of governmental, civil or military authority; fire, strike, lockout or other labor dispute; flood, war; terrorism; riot; theft; earthquake and other natural disaster. 11. Notices: Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given by either (i) personal service; (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing the date and time of delivery; or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by written notice to the other party: If to County: County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 If to FMLASource: CEO FMLASource 455 N. Cityfront Plaza Drive Chicago, IL 60611 With a Copy To: County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 12. Billing Contact Information: Client agrees to provide ComPsych with current and updated billing contact information. Client Billing Contact: Teah Baker Address: 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone number: 772-462-1613 Email address: bakert@stlucieco.org 13. Amendment: Any changes, additions, or deletions to this Agreement will not be considered binding or agreed to unless approved in writing by both parties. 3 Page 100 of 438 DocuSign Envelope ID: 9EOF6543-0069-4B86-9670-2D9C01F38D23 14. Facsimile or Scan/Counterparts: Facsimile or electronically scanned transmission of an executed copy of this Agreement or any amendments hereto shall be accepted as evidence of a Party's execution of the Agreement or amendment. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. 15. Severability: If and to the extent any provision of this Agreement is held illegal, invalid or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid or unenforceable to the extent of its illegality, invalidity or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the Parties. The illegality, invalidity or unenforceability of such provision in that jurisdiction will not affect the legality, validity or enforceability of such provision or any other provisions of this Agreement in any other jurisdiction. 16. Governing Law: This Agreement shall be interpreted under and governed by the laws of the State of Florida, without regard to its conflict of laws rules. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 17. Clause Headings: The clause headings appearing in this Agreement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they appertain. 18. Employment Decisions: Client understands that FMLASource does not provide any legal advice. Client further understands that decisions made by FMLASource regarding FMLA eligibility and/or ADA leave requests shall not be deemed by Client to be a recommendation, suggestion or determination to take any employment action against an employee. Client also agrees that it, not FMLASource, is responsible for engaging in the "interactive process" as that term is defined in the ADA and that Client is responsible for making all accommodation decisions. Client agrees that it shall provide FMLASource with written notice within three (3) days of any action in the event Client intends to take an adverse employment action against an employee as a result of or in reliance upon a leave decision made by FMLASource. Notwithstanding the foregoing, FMLASource understands that Client relies on the accuracy of the information provided by FMLASource when considering any accommodation requests. FMLASource further understands that any decisions made by it regarding FMLA eligibility and/or ADA leave requests will be considered and relied upon by Client when engaging in the interactive process and taking any employment action. 19. Relationship of the Parties: FMLASource and Client agree that FMLASource is an independent contractor and neither Party nor their respective employees or agents shall be deemed to be an employee of the other, nor shall this Agreement be deemed to create a partnership, joint venture, agency relationship or other association between the Parties hereto. 20. Insurance: FMLASource shall maintain Professional Liability / Errors & Omissions insurance with $1,000,000 limit for claims arising out of the provision of professional services by FMLASource under this Agreement. Said coverage shall include Client, any Sub -Clients, and each of their affiliates, parents, subsidiaries, members, officers, directors, agents, and representatives as additional insureds for all claims arising out of FMLASource's "Wrongful Acts," as defined therein, stemming from FMLASource's rendering, or failure to render, professional services. 21. No Third Party Beneficiaries: Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person or entity other than Client and FMLASource any rights, remedies, obligations, or liabilities whatsoever, whether in contract, statute, tort (such as negligence) or otherwise, and no person or entity shall be deemed a third Party beneficiary under or by reason of this Agreement. rd Page 101 of 438 DocuSign Envelope ID: 9EOF6543-0069-4B86-9670-2D9C01F38D23 22. Indemnification: FMLASource shall indemnify and hold harmless the Client and its officers, and employees, from any and all third -party liability, losses or damages, including attorney's fees and costs of defense, which the Client or its officers and employees may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of FMLASource and persons employed or utilized by FMLASource in the performance of this Agreement. FMLASource shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the Client, where applicable, including appellate proceedings, and shall pay all costs, judgments, settlements and attorney's fees which may issue thereon. FMLASource shall obtain Client's prior written consent before entering into any settlement if the settlement does not expressly and unconditionally release Client from all liabilities and obligations with respect to such claim or the settlement imposes injunctive or other equitable relief against the Client. Client shall be entitled to participate in the defense of any claim and to employ counsel of its choice for such purpose. The fees and expenses of such separate counsel shall be paid by the Client; provided, however, that FMLASource shall pay the reasonable fees and expenses of such separate counsel (i) incurred by the Client after it shall have given notice of such claim to FMLASource and (ii) FMLASource shall fail or refuse to acknowledge that it will have an indemnity obligation for such claim (and any losses, liabilities, costs and expenses relating thereto) as provided hereunder or (iii) if representation of both Parties by the same counsel would, under applicable code or rules of professional conduct or responsibility, create a conflict of interest. FMLASource expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by it shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Client or its officers, employees, agents and instrumentalities as herein provided. Client shall provide FMLASource prompt notice of any claim for which indemnification will be sought and provide reasonable assistance and cooperation to FMLASource in the defense and settlement of any claim. The indemnification obligations of FMLASource shall terminate four (4) years after the expiration of the Agreement except as to any matter concerning which a claim has been asserted by notice at the time of such expiration or within 365 days after effective date of Agreement termination. 23. Limitation of Liability: EXCEPT FOR A BREACH OF ANY PAYMENT, SAFEGUARDING PRIVACY AND SECURITY OF INFORMATION OBLIGATIONS, AND/OR ACTS AMOUNTING TO WILLFUL OR INTENTIONAL WRONGS, FMLASOURCE SHALL NOT BE LIABLE, WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY AMOUNTS IN EXCESS OF THE FEES AND CHARGES PAID BY CLIENT HEREUNDER DURING THE THIRTY-SIX (36) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY LIABILITY. EXCEPT FOR A BREACH OF ANY PAYMENT, SAFEGUARDING PRIVACY AND SECURITY OF INFORMATION OBLIGATIONS, AND/OR ACTS AMOUNTING TO WILLFUL OR INTENTIONAL WRONGS, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THERE SHALL BE NO LIMITATION OF LIABILITY WITH RESPECT TO FMALSOURCE'S INDEMINIFICATION OBLIGATIONS. 24. Public Records: The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Agreement. Specifically, the Contractor shall: a. Keep and maintain public records required by the County to perform the service. b. Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Section 119 Florida Statutes or as otherwise provided by law. 61 Page 102 of 438 DocuSign Envelope ID: 9EOF6543-0069-4B86-9670-2D9C01F38D23 c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the County. d. Upon completion of the Agreement, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public record disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All record stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology system of the County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR' S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-14419 BellamyS@stlucieco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982 25. E-VerifyNerification of Employment Status. Effective January 1, 2021, as required by Section 448.095(2)(a), the Contractor and subcontractor shall register with and use the E-Verify System to verify the work authorization status of all newly hired employees. The County, Contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify System. The Contractor shall provide documentation of their compliance of this requirement to the County upon request. If the Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of this Agreement. The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The County shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Agreement by the County. 26. Audit: The County shall have the right from time to time at its sole expense to audit the compliance by FMLASource with the Client specific terms, conditions, obligations, limitations, restrictions and requirements related to this Agreement. Such right shall extend for a period of three (3) years after termination of this Agreement. 27. Entire Agreement: This Agreement, together with the Schedules attached hereto, shall constitute the entire Agreement by and between the Parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein and, this Agreement shall supersede all prior and contemporaneous communications, representations or agreements, either verbal or written, by and between the Parties hereto, all of which are merged herein. Page 103 of 438 DocuSign Envelope ID: 9EOF6543-0069-4B86-9670-2D9C01F38D23 Please sign below to acknowledge each Party's acceptance of these terms. ST. LUCIE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS BY: COUNTY ADMINISTRATOR FMLASource, INC. Docu Signed by: BY: adaw� �D{S�iln� PRINT NAME: Adam Gotskind TITLE: Counsel APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 7 Page 104 of 438 DocuSign Envelope ID: 9EOF6543-0069-4B86-9670-2D9C01F38D23 SCHEDULE I COVERED SERVICES 1. Account Management: FMLASource will assign Client an account manager who will serve as the contact person and provide Client with reports and feedback on the Services. The account manager will also respond to Client's questions and provide information to Client's human resource staff or other managers/supervisors as applicable. 2. Service Access: a) Access to specialists through a toll -free number, from 7:30 A.M to 9:30 P.M. (Monday through Friday) CST; and b) 24/7 access to automated service tools: FMLASource internet site, mobile application and automated phone answering system (IVR). 3. FMLA Administration: FMLASource will provide the following Services: a) Maintain and update the FMLA eligibility database based on information provided by Client. b) Receive and document leave requests via telephonic, e-mail, regular mail and internet submissions. c) Administer FMLA eligibility determinations based on Client's guidelines and applicable federal and state regulations. Any administrative decisions outside of the guidelines shall be referred to Client for final determination. d) Provide legally required leave request documentation, and collect and review medical certification forms that are received by FMLASource. e) Make leave decisions and issue legally required notifications, based on applicable federal and state regulations and mutually agreed upon timelines and procedural guidelines. 4. ADA Leave Administration: FMLASource will provide the following Services: a) Identify leaves of absence that have been reported to FMLASource and which may require accommodation under the ADA; b) Gather available documentation with regard to the employee's health condition, and where necessary, request additional information from the employee's health care provider; c) Approve requested leave if within parameters predetermined by FMLASource and Client; d) If request is beyond parameters, provide Client with a packet of all relevant and available employee information (e.g., last day worked, total leave approved, additional leave requested, STD and FMLA certification supporting information.); e) Provide ADA coaching to Client's designated representative(s) to prepare Client to engage in the interactive process by guiding Client through relevant ADA standards and considerations; f) Administer the leave decision. Send applicable letters to employees, notifying them of leave approval or denial; track time; and generate reports on ADA usage. 5. Reporting: a) Employee FMLA absence history for the applicable rolling 12 month period; and b) Program utilization reports detailing employees on leave, frequency of leave, and overall leave usage data. M. Page 105 of 438 DocuSign Envelope ID: 9EOF6543-0069-4B86-9670-2D9C01F38D23 yes, Employee Employee Leave er Last First Request Name Name Number ti (per (per (optional) eligibility eligibility file) file) Leave Request Number (colume D - requestworks SCHEDULE II HISTORICAL DATA TEMPLATE Leave/ Leave/ Leave Leave 'Condition IRequested'Decision (Leave Reduced (Reduced (Reduced (Reduced (Reduced (Reduced (Reduced (Reduced (Reduced Certified Certified Reason Taken For (Optional) Frequency (Select Plan Schedule Frequency Frequency Frequency Frequency Frequency Frequency Frequency Frequent Start End Date (Select Relations Free -form (Selectfrom from list) (Select Type Date (mrrddd/yy from list) hip text w/ 100 list) from list) (Select Number of Sunday Monday Tuesday Wednesday Thursday Friday Saturday (mrrVdd/yy yy) (Select character from list) Hours Per Hours Used Hours Used Hours Used Hours Used Hours Used Hours Used Hours Usi yy) from list) limit Day Used Employee Number I Employee Last Name Employee First Name Date Tracked I Leave Time Used in Hours (per eliqibilitv file) (per eliqibilitv file) (per eliqibilitv file) (mrrddd/vvvv) (decimal hours) Page 106 of 438 TO: IJ:1*j4,131417 YA SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Robyn Saint-Paen, Director Library Services Department 2023-58700 CONSENT AGENDA - LIBRARY SERVICES DEPARTMENT DATE: 3/21/2023 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No Resolution No. 2023-038 - Resolution to Submit the Public Library Construction Grant for State FY 2024/2025 In order to submit an application for the State of Florida Public Library Construction Grant for FY 2024/2025, a resolution is required. The resolution authorized the grant submission and certifies that the match of 50% of the grant is available. PREVIOUS ACTION: N/A FINANCIAL IMPACT: The Library Construction Grant would provide $500,000.00 of the total estimated project cost for the Port St. Lucie Branch Library of $5,000,000 if the grant is approved. County Grant Match Funding in the estimated amount of $3,975,000.00 will be available in Library Impact Fees "South" Reserves, Account #310011-9910- 599300-910000. RECOMMENDATION: Staff recommends Board approval of the Resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Page 107 of 438 Coordination/Signatures Date: March 03, 2023 Robyn Saint-Paen, Director Date: March 10, 2023 Daniel McIntyre, County Attorney r Date: March 13, 2023 George Landry, County Administrator Page 108 of 438 RESOLUTION NO.2023-038 A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR A PUBLIC LIBRARY CONSTRUCTION GRANT FOR STATE FY2024/2025 A RESOLUTION of the St. Lucie County Board of County Commissioners (Applicant), hereinafter BOARD, hereby authorizes the filing of a Public Library Construction Grant Application for FY 2024/2025. WHEREAS, this BOARD has the authority to file this Grant Application and to undertake Public Library Construction project for the Port St. Lucie Branch Library. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD THAT: 1. The BOARD has the authority to file this grant application. 2. The BOARD authorizes the Chair or the County Administrator to file and execute the application. 3. The BOARD authorizes the Board Chair to sign any and all agreements or contracts which are required in connection with the application. 4. The BOARD authorizes the Board Chair to sign any and all assurances, warranties, certifications and any other documents which may be required in connection with the application or subsequent agreements. DULY PASSED AND ADOPTED THIS 21st day of March 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: BY: COUNTY ATTORNEY Page 109 of 438 8.E.1. kc LEE LUC,, r0rjr 'c-= TO: IJd:1141:11,131417 YA SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners RES-2023-20 CONSENT AGENDA - OFFICE OF MANAGEMENT & BUDGET DATE: 3/21/2023 *RESOLUTION ITEM - BUDGET RESOLUTION QUASI-JUDICIAL ITEM? NO Jennifer Hill, Office of Management & Budget Director Office of Management & Budget FY 23 Budget Resolution Recognizing Unanticipated Revenue There are many times during the fiscal year that the budget needs to be amended to account for unanticipated funds such as new grant funds, loan proceeds or insurance proceeds. This agenda item recognizes $754,774.00 in revenue that was not anticipated in the FY23 Budget. PREVIOUS ACTION: The Fiscal Year 2022-2023 Budget was adopted by the Board on September 22,2022. The Board recognized an amendment to the budget via resolution on October 18, 2022. The Board recognized an amendment to the budget via resolution on November 15, 2022. The Board recognized an amendment to the budget via resolution on December 13, 2022. The Board recognized an amendment to the budget via resolution on January 24, 2022. The Board recognized an amendment to the budget via resolution on February 21, 2023. FINANCIAL IMPACT: Action from this resolution amends the fiscal year 2022-2023 budget, increasing it by $754,774.00 RECOMMENDATION: Staff recommends approval of this agenda item to recognize the funds to amend the budget by $754,774.00. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None Page 110 of 438 I EXCUSED: None I Coordination/Signatures Date: March 01, 2023 Jennifer Hill, Office of Management & Budget Director Date: March 04, 2023 Daniel McIntyre, County Attorney Page 111 of 438 RESOLUTION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida desires to amend the County Budget to account for funds unanticipated in the budget. WHEREAS, Section 129.06(2), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in a meeting assembled this 21st day of March 2023, pursuant to Section 129.06 (2), Florida Statutes, that the fiscal year 2022-2023 County budget is hereby amended as reflected in attachment "A", which is incorporated as part of this resolution. After motion and second the vote on this resolution was as follows: Commissioner Cathy Townsend, Chair XXX Commissioner Linda Bartz, Vice -Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Jamie Fowler XXX Commissioner Larry Leet XXX PASSED AND DULY ADOPTED THIS 21ST DAY OF MARCH 2O23. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTYATTORNEY Page 112 of 438 Account Fund Description Revenue Appropriation ADMINISTRATION 611-5210-366900-520000 Donations $16,324 611-5210-548010-520000 Promotional Advertising $16,324 Wine & Ale Trail Festival 11119122 COMMUNITY SERVICES 189118-5420-369930-540000 Reimbursements $30,950 189118-5420-549605-540000 Rehab Expenditures $30,950 2nd Mortgage Payoff -fund 189118 181-1900-369917-194000 Miscellaneous $47,500 181-1900-599300-194000 Reserves $47,500 Annual Fee for Multifamily Housing Revenue Bonds (Sands at St. Lucie Apt) PUBLIC WORKS 001-0000-369310-000 Settlements $660,000 001-1410-531000-140000 Professional Services $17,000 001-9910-599330-910000 Reserve -Capital $643,000 To recognize the Culpepper & Terpening Settlement (Kane) Agenda Date: 03/21/2023 TOTAL $754,774 $754,774 Page 113 of 438 8.E.2. kc LEE LUC,, 0 L, r TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Desiree Cimino, Purchasing Manager Office of Management & Budget 2023-58674 CONSENT AGENDA - OFFICE OF MANAGEMENT & BUDGET DATE: 3/21/2023 *ACTION ITEM - REQUEST FOR QUALIFICATIONS QUASI-JUDICIAL ITEM? No Request for Qualifications (RFQ) No. 23-012, Professional Architectural Services - New Medical Examiner Facility On January 25, 2023, responses to RFQ No. 23-012 Professional Architectural Services — New Medical Examiner Facility, were opened. Eight proposals were received; 474 companies were notified and 52 RFQ documents were distributed. The scope of work for this contract will be for a professional architectural firm to provide Architectural/Engineering services for a new standalone Medical Examiner facility. The scope of services shall consist of, but not be limited to: Professional architectural services, structural engineering, civil engineering, landscape architecture, environmental and land survey, geotechnical, mechanical, electrical, plumbing, fire protection, security surveillance and access control, needs Analysis, facility design and Construction Administration and related site improvements. The new facility will be located on an unimproved 2-acre site at the main campus of the Indian River State College in Ft. Pierce, Florida. The site shall be designed as a secure, 24-hour, building with public parking, staff parking, loading dock, secure vehicle access and potential for mobile cooler staging. The facility shall be designed to accommodate future growth expectations for the next 30 years. The new Medical Examiner Facility will include autopsy suites, a laboratory, a morgue, separate decomposition morgue, evidence, records, offices, reception, lobby, break room, shower rooms, restrooms, locker rooms, and meeting rooms. The facility will also include secure separation of public areas, law enforcement areas, medical examiner staff areas, intake, staging, transport, and storage. The Medical Examiner shall be provided with security surveillance and access control. It shall be designed to accommodate the addition of mobile coolers for disaster events. Page 114 of 438 The District 19 Medical Examiner Office (ME) is one of 25 Florida districts and is currently housed in leased space on the main campus of Indian River State College at 2500 S 35th Street, Fort Pierce, FL 34981. The single story 9,500 sf facility was originally constructed in 1975 and has exceeded its useful lifecycle. In accordance with Florida Statute Chapter 406, the Medical Examiner provides accurate and timely death investigation services for the citizens of Saint Lucie, Martin, Okeechobee and Indian River Counties with compassion and professionalism. The Medical Examiner operations are managed by an independent provider with funding provided by St. Lucie, Martin, Indian River and Okeechobee Counties. On February 22, 2023, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm are provided in Attachment A. The short-listed firms in order of ranking are as follows: CPZ Architects, Inc. JL2 Architecture Leo A Daly Caldwell Associates Architects 17 4'ri1911J;17_[siL•P►I N/A FINANCIAL IMPACT: Sufficient funding is available in 001630-2710-562000-1905 and 316-2710-562000-222601. This project is also under consideration for $1 million (with a $1.06 million match) in State Funding, which if approved, would be available July 1, 2023. RECOMMENDATION: Staff recommends Board approval of the short-listed firms for RFQ No. 23-012 and permission to: • Conduct discussions/presentations with short-listed firms; • Conduct contract negotiations with the successful short-listed firm; • If negotiations are successful, award the contract to the successful short-listed firm and authorization for the Chair to sign the documents as prepared by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Page 115 of 438 Date: March 05, 2023 Scott Beaulieu, Facilities Assistant Director Date: March 06, 2023 Matt Baum, Parks & Recreation Director Date: March 13, 2023 Jennifer Hill, Office of Management & Budget Director Date: March 14, 2023 Daniel McIntyre, County Attorney Date: March 14, 2023 Mayte Santamaria, Deputy County Administrator Date: March 15, 2023 George Landry, County Administrator Page 116 of 438 Attachment A RFQ No. 23-012 Professional Architectural Services - New Medical Examiner Facility Selection Committee E Dr. Patricia Aronica LL o o Jeffrey Dougherty 4- ° 0 Kimberlee Levee - Martin County �, 0 Terry Burroughs - Okeechobee County } ° m g Rich Szpyrka - Indian River County L < a o ca aa)i o c� � v, o a_ Q Q Fn o ) a Q U 0 L L U Z U U J Q Y -0 0o H O Z 0 M a- li 1 Points per Committee Member 40 40 20 100 Total points for five Committee Members 200 200 100 500 CPZ Architects, Inc 180 180 91 451 1 JL2 Architecure 174 180 96 450 2 Leo A Daly 176 166 88 430 3 Caldwell Associates Architects 163 171 91 425 4 Saltz Michelson Architects 159 155 87 401 5 Ritacco and Chan Architecture, LLC 162 151 87 400 6 Nelson Worldwide, LLC 171 165 60 396 7 Donadio & Associates Architects 158 153 79 390 8 Page 117 of 438 Attachment B BOARD OF COUNTY COMMISSIONERS p iZ� OU I T Y t F L 0 R I D A TABULATION SHEET PURCHASING DEPARTMENT RFQ No. 23-012 Professional Architectural Services — New Medical Examiner Facility Caldwell Associates Architects Contact: Melanie Wilson Phone: 850-432-9500 1 email: melanie@caldwell-assoc.com Address: 116 N. Tarragona Street, Pensacola, Florida 32502 CPZ Architects, Inc Contact: Chris Zimmerman Phone: 954-792-8525 email: Chris@cpaarchitects.com Address: 1717 201h Street, Suite 1, Vero Beach, Florida 32960 Donadio & Associates Architects PA Contact: Anthony J Donadio I Phone: 772-794-2929 1 email: adonadio@spiezle.com Address: 20019th Avenue, #308, Vero Beach, Florida 32960 J12 Architecture Contact: Johnnie Lohrum, Jr Phone: 407-340-2879 email: jlohrum@il2architecture.com Address: 1678 Kingston Road, Longwood, Florida 32750 Leo A Daly Contact: William A. Hanser I Phone: 561-688-2111 email: WAHanser@leoadaly.com Address: 1400 Centrepark Blvd., Suite 500, West Palm Beach, Florida 33401 Nelson Worldwide, LLC Contact: H. Michael Smith Phone: 305-444-0413 email: Michael.Smith@nelsonww.com Address: One Tyler Drive, Yarmouth, ME 04096 Ritacco and Chan Architecture, LLC Contact: Yook Chan I Phone: 772-588-4999 email: Yook.Chan@rcarch.org Address: 2109 Hawk River Drive SW, Vero Beach, Florida 32962 Saltz Michelson Architects Contact: Charles Michelson I Phone: 954-266-2700 1 email: Proiects@SaltzMichelson.com Address: 3501 Griffin Road, Fort Lauderdale, Florida 33312 Page 118 of 438 8.F.1. kc LEE - LUC,, r TO PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners 2023-58713 CONSENT AGENDA- PLANNING & DEVELOPMENT SERVICES DATE: 3/21/2023 *ACTION ITEM -AMENDMENT QUASI-JUDICIAL ITEM? No Benjamin Balcer, Planning & Development Services Director Planning & Development Services Request Permission to Advertise a Land Development Code Text Amendment to Update the Land Development Code Provisions Pertaining to Fences, Walls and Hedges This is a County initiated Text Amendment to amend Land Development Code (LDC) Section 2.00.00, to create definitions for the terms 'fence' and 'wall.' Additionally, to amend Section 8.00.04 to address and clarify provisions for fences, walls, berms and hedges, addressing construction materials, allowing for and providing for additional height for columns, gates and decorative features, providing a standard distance separation from driveway access gates to the edge of pavement, allowing for additional height for fencing on a residential property adjacent to public use or public facility, providing for permit exemptions for agricultural properties; clarifying that a fence or wall is considered an accessory use and that a fence, wall or hedge shall not interfere with drainage. County staff is proposing updates to the Land Development Code to provide for consistency with state statutes, the National Flood Insurance Program (NFIP) guidance as well as address elements brought up by members of the public during permitting, such as requests for entrance features and additional height for columns and gates. The current LDC does not provide exceptions or authorization for additional architectural and/or aesthetic features. Additionally, staff is proposing a standard distance separation of 22ft. between any residential access gate and the edge of pavement. This distance is consistent with the standards for residential driveway depth found in Public Works' Standard Details for Land Development Projects, presented to the BOCC on August 9, 2022. The County is planning for and completing significant infrastructure projects, including neighborhood drainage improvements, and in some instances, it may be necessary to provide for additional fence height for increased safety or security purposes when a public use or public facility is adjacent to a residential property. The proposed amendments provide an option for these circumstances. Further, Section 604.50, F.S., provides that farm fences located on lands used for bona fide agricultural purposes, not including those lands used for urban agriculture, are exempt from the Florida Building Code and any county or municipal code or fee, except for code provisions implementing local, state, or federal Page 119 of 438 floodplain management regulations. Lastly, FEMA NFIP guidance notes that fences and walls may obstruct or may divert water flow, and the proposed update provides for internal consistency with existing LDC Section 6.05.09 G.2. (flood resistant development). PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the permission to advertise the proposed ordinance for the first of three (3) public hearings, beginning with the Planning & Zoning Commission. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: March 07, 2023 Benjamin Balcer, Planning & Development Services Director Wz Date: March 10, 2023 Daniel McIntyre, County Attorney Date: March 11, 2023 Mayte Santamaria, Deputy County Administrator Page 120 of 438 ORDINANCE No. FILE NO.: TLDC- AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 2.00.00, DEFINITIONS, TO ADD THE TERM FENCE AND THE TERM WALL; AMENDING SECTION 8.00.04 TO ADDRESS AND CLARIFY PROVISIONS FOR FENCES, WALLS, BERMS AND HEDGES, ADDRESSING CONSTRUCTION MATERIALS, ALLOWING FOR AND PROVIDING ADDITIONAL HEIGHT FOR COLUMNS, GATES AND DECORATIVE FEATURES, ALLOWING FOR ADDITIONAL HEIGHT FOR FENCING ON A RESIDENTIAL PROPERTY ADJACENT TO PUBLIC USE OR PUBLIC FACILITY, PROVIDING FOR PERMIT EXEMPTIONS FOR AGRICULTURAL PROPERTIES; CLARIFYING THAT A FENCE OR WALL IS CONSIDERED AN ACCESSORY USE AND THAT A FENCE, WALL OR HEDGE SHALL NOT INTERFERE WITH DRAINAGE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR ADOPTION. WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County Government, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, St. Lucie County possesses the police powers to enact ordinances in order to protect the health, safety, and welfare of the County's citizens; and WHEREAS, on August 1, 1990, the Board of County Commissioners adopted the St. Lucie County Land Development Code; and WHEREAS, the Board of County Commissioners is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the Board of County Commissioners is authorized by Section 125.01(1)(t), Florida Statues, to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law; and WHEREAS, on , the Planning and Zoning Commission held a public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on . The Planning and Zoning Commission recommended to the Board to of the proposed text amendment to the St. Lucie County Land Development Code; and Page 1 of 5 Page 121 of 438 WHEREAS, on , the Board of County Commissioners held its first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on , and WHEREAS, on , the Board of County Commissioners held its second Public Hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on ; and WHEREAS, the Board has determined that the proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives, and standards of the County's Comprehensive Plan, and are in the best interest of the health, safety, and public welfare of the citizens of the County. NOW, THEREFORE, BE IT ORDAINED by the St. Lucie County Board of County Commissioners that the St. Lucie County Land Development is amended as set forth in the following amendments, as shown in str4kethfetigh and underline format in Section 2. SECTION 1. RATIFICATION OF RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and are hereby made a part of this Ordinance. SECTION 2. This ordinance specifically amends St. Lucie County Land Development Code, as follows: Words in StFike t49fth type are deletions from existing text. Words in underlined type are additions to existing text. Asterisks (***) indicate existing text not shown. Section 2.00.00. - DEFINITIONS Fence: An artificial structure of material or combination of materials serving as an enclosure, barrier or boundary, usually made of posts, boards, wire or rails. Wall: An upright structure of masonry, wood, plaster or other building material which is constructed on a supporting structure, such as a footer, serving to enclose, divide or protect an area and not intended to create a covered and habitable area. Section 8.00.04. Fences, Walls, Berms and Hedges. The requirements of this section are minimum requirements and shall not be construed to supersede aU fence requirements in state law, such as specific requirements for fencing and barriers around swimming op ols. Fences, walls, and hedges are permitted, as follows: A. Fences and walls shall comply with industry standards along with governing rules and regulations, including the Florida Building Code, as applicable; shall require the proper permits prior to construction; and shall be constructed in accordance with the reviewed plans and permit. Fences and walls must be constructed of conventional and traditional materials, including, but Page 2 of 5 Page 122 of 438 not limited to, termite -resistant species of wood or wood treated to resist rot and termites, concrete, stone, brick, aluminum, iron, steel, chain link, PVC or composite products. Fences and walls shall be constructed in a workmanlike manner and shall be of sound and sturdy construction. All fences and walls shall be maintained in a safe and sound manner and free of rag ffti. B. In any residential zoning district, a fence, wall or landscape berm may shall be designed and located as follows: 1. In in any required front yards provided at the fence, wall or landscape berm shall does not exceed a maximum height of four (4) feet above the elevation of the centerline of the roadway adjacent to the property on which the fence, wall or landscape berm is located. The following standards are also applicable: a. Columns are allowed, including decorative features, caps and finials, when inte rg ated into a fence or wall, and may exceed the permitted height by a maximum of one (1) foot. Columns which exceed permitted height shall be not more than three (3) feet in width and shall be spaced at least six (6) feet apart. b. Entry features, such as columns and gates, located contiguous to and on both sides of the main access (driveway) may be permitted up to six (6) feet in height, provided an obstruction to cross -visibility is not created. Access gates on the driveway shall be located a minimum of 22ft. from the edge of the roadway_ C. Two 2) individual column entrance features on the side of the pedestrian walkway or gate may be permitted at a maximum height of five (5) feet, provided an obstruction to cross -visibility is not created. 2. In any other required yard, a A fence, wall or landscape berm is allowed at a maximum height of six (6) feet in height above the elevation of the centerline of the roadway adjacent to the property, except that: a.-477 If a residential lot adjoins a non -residentially zoned lot, fence height may be increased to a maximum of eight (8) feet along the adjoining lot lines. b.2-. If the rear or side lot line of a residential lot let's rear side let lif e(s) adjoins a street right-of-way, the fence, wall or landscape berm height may be increased to a maximum of eight (8) feet along the street right-of-way, as depicted in Figure 8-1 below, provided that no other provision of this Code is violated. 3. When it is necessary for safety or security pgMoses for a public use or public facility, the Planning and Development Services Director may authorize a fence of up to six 6 feet in height in any required yard. In no event shall the fence be permitted to create a traffic hazard or obstruct cross -visibility along a right-of-way and/or at intersections. 4. Fences that are constructed, in whole or in part, of cattle wire, chicken wire, razor wire or barbed wire or similar materials are not permitted within the RE-1, RE-2, RS-2, RS-3, RS- 4, RMH-5, RM-5, RM-7, RM-9, RM-11, RM-15 and HIRD zoning districts. Nontraditional materials, including, but not limited to tires, mufflers, hubcaps, or broken glass are prohibited. CH. In non-residential zoning districts, a fence, a maximum of eight (8) feet in height, may be located anywhere on the lot. In no event shall the fence be permitted to create a traffic hazard or obstruct cross -visibility along a right-of-way and/or at intersections. Page 3 of 5 Page 123 of 438 DE. Hedges of any height may be located within any required front, rear or side yard provided that any hedge located at the intersection of two (2) streets shall comply with the cross -visibility provisions of Section 7.09.04(D) of +ode. E. A permit shall not be required for split -rail fencing and post -and -rail fencing within the Agricultural Residential (AR-1), Agriculture-1 (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts, at a maximum height not to exceed six (6) feet above the elevation of the centerline of the roadway adjacent to the property on which the fence is located. The property owner is responsible for ensuring the location of the fence is wholly on their property and that the fence does not create an obstruction to cross -visibility. F. A permit shall not be required for a fence located on a property used for bona fide agricultural purposes, classified as agricultural land pursuant to Section 193.461, F.S. The fence is exempt from the Florida Building Code; however, the fence is subject to floodplain management regulations. The property owner is responsible for ensuring the location of the fence is wholly on their property and that the fence does not create an obstruction to cross -visibility. A barbed wire fence and electrically charged fence may be constructed subject to the requirements of applicable State and Federal laws and regulations. G. Fencing or walling of vacant properties shall not be permitted. A fence or wall is an accessory structure, as defined in Section 2.00.00. As provided in Section 8.00.01, accessory structures and uses are permitted only in connection with any principal lawfully existing permitted use or conditional use. H. No fence, wall or hedge shall be constructed or installed in such a manner as to interfere with drainage on or adjacent to the property. Fences and walls in regulated floodways that have the potential to block the passage of floodwaters shall meet the limitations of Section 6.05.09(C FICTURE 8-1 INA RESIDE NTIALZO NING DISTRICT. THE MAXIMUM HEIGHT OF ANY FENCE WALL OR HEDGE IN THE REQUIRED FRONT YARD 8HALL NOTEXCEED FOUR FEET STREET RIGHT-OF—WAY FRONT YARD (PEOUIREDMINIMUM DEPTH} SIDE YAR SIDE YA REAR YARD IN A R ES D E NTIAL ZO N IN G DI STRI C T. THE YoV AM1 IJ HEIGHT OF ANY FENCE, WALL OR HEDGE THA IS NOT LOCATED IN THE REQUIRED FRONT YARD. SHALL DE SIAM FEET, EXCEPT WHERE, THE RESIDENTIAL PROPERTYIINE SADJACENT TO NONRESIDENTAILPROAERTY, OR AN ADJACENT STREET RIGHT-OF-WAY, THE MAXIMUM HEIGHT OFANYFENCE.WALLOR HEDGE LOCATED OUTSIDE OFAREQUIRED FRONT YARD MAYBE EIGHT(Q)FEET. Page 4 of 5 Page 124 of 438 SECTION 3. 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. SECTION 4. 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. SECTION 5. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Department of State. SECTION 6. 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 filing with the Department of State. SECTION 7. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re - lettered to accomplish such intention. SECTION S. ADOPTION. After motion and second, the vote on this ordinance was as follows: Cathy Townsend, Chair xxx Linda Bartz, Vice Chair xxx Chris Dzadovsky, Commissioner xxx Jamie Fowler, Commissioner xxx Larry Leet, Commissioner xxx PASSED AND DULY ADOPTED this day of , 2023. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Page 5 of 5 Page 125 of 438 91ro Lu(Lu ST. LUCIE COUNTY STANDARD DETAILS FOR LAND DEVELOPMENT Revised: DECEMBER 14, 2021 PUBLIC WORKS DEPARTMENT BOARD OF COUNTY COMMISSIONERS TABLE OF CONTENTS DETAIL NUMBER DESCRIPTION LD-1 FLEXIBLE PAVEMENT SECTIONS LD-2 TYPICAL OPEN CUT TRENCH & RESTORATION LD-3 PAVEMENT WIDENING/CONNECTION LD-4 CUL-DE-SAC LD-5 T-TURNAROUND LD-6 SIDEWALK LD-7 ONSITE LAKE OUTFALL LD-8 NON RESIDENTIAL DRIVEWAY CONNECTION LD-9 HEADER CURB LD-10 RESIDENTIAL DRIVEWAY DEPTH THE ST. LUCIE COUNTY STANDARD DETAILS FOR LAND DEVELOPMENT ARE ESTABLISHED TO PROVIDE SUPPORT FOR VARIOUS PERMITTING AND DEVELOPMENT PROCESSES AND CONSTRUCTION IN A CONSISTENT MANNER THROUGHOUT THE UNINCORPORATED COUNTY. THESE STANDARDS ARE TO BE USED AS GUIDANCE FOR NEW CONSTRUCTION AND MAINTENANCE BY ALL PARTIES WORKING WITHIN THE JURISDICTION OF THE COUNTY. IT IS THE RESPONSIBILITY OF THE ENGINEER OF RECORD USING THESE DETAILS TO DETERMINE THE APPROPRIATENESS AND MODIFY FOR MORE STRINGENT REQUIREMENTS AS MAY BE NECESSARY. MODIFICATIONS TO ANY OF THESE DETAILS SHALL BE SPECIFICALLY IDENTIFIED WITHIN THE PLANS SPECIFIC TO THE PROJECT. THESE STANDARD DETAILS MAY BE PERIODICALLY MODIFIED AS DETERMINED BY THE COUNTY ENGINEER. THE EFFECTIVE DATE OF THESE DETAILS AND REVISIONS IS THE SIGNATURE DATE BELOW. APPROVED BY: DAN J. ZRALLACK, P.E. DATE COUNTY ENGINEER age rLCEIL- tti —''— E.O.P SHOULDER FDOT SPECIFl (1 MIN.) � g• 6%(T(P.) ASPHALT 2% (TYP.) 2% (T1'P.) ASPHALT _.e: 'BASE•' A=i;=;:;:'�r', ,BASE:a :.•:;s.<: 6�I~ SUBGRADE SUBGRADE 6-1— TYPICAL CROSS SECTION I~ LANE WIDTH �I� LANE WIDTH E.O.P. BACK OF CURB 6" WHITE STRIPE 6" CENTERLINE STRIPE TYPICAL ROAD STRIPING ROAD CLASSIFICATION MINIMUM ASPHALT THICKNESS (INCHES) BASE (INCHES) SUBGRADE (INCHES) MIN. LANE WIDTH (FT) LOCAL —PRIVATE 1.5 6 8 10 LOCAL —PUBLIC 2 8 12 11 COLLECTOR 2.5 10 12 12 ARTERIAL 3 10 12 12 *NOTES: 1. ALL ASPHALT MIXES TO MEET FDOT STANDARD SPECIFICATIONS SECTION 334 (LATEST EDITION). 2. PUBLICLY OWNED AND MAINTAINED ROADWAYS SHALL MEET FDOT SPECIFICATIONS FOR MATERIAL AND COMPACTION. 3. PAVEMENT DESIGN AND INSTALLATION PER FDOT FLEXIBLE PAVEMENT DESIGN MANUAL (LATEST EDITION). 4. ROADWAYS SHALL HAVE A STABILIZED HOMOGENOUS MIXED SUBGRADE WITH MINIMUM LBR 40, COMPACTED TO 98% MAX DRY DENSITY PER AASHTO T-180. 5. ROADWAYS SHALL HAVE A BASE CONSISTING OF COQUINA SHELL OR LIMEROCK WITH A MINIMUM LBR 100, COMPACTED TO 98% DRY DENSITY PER AASHTO T-180. 6. OFF STREET PARKING USING FLEXIBLE PAVEMENT DESIGN: MINIMUM CROSS SECTION SAME AS PRIVATE LOCAL ROADWAY. 7. OFF STREET PARKING UTILIZING A RIGID PAVEMENT DESIGN SHALL HAVE A MINIMUM OF 6 INCHES OF 3,000 PSI CONCRETE AND A MINIMUM OF 12 INCHES OF COMPACTED SUBGRADE MATERIAL. LAND DEVELOPMENT DETAILS DETAIL LD-1 FLEXIBLE PAVEMENT SECTIONS DATE: 12/14/21 EXIST. PAVEMENT—,,, EDGE OF PC/PT THROUGH LANE * NOTE: ROADWAY CUTS Al INTERSECTION WILL INCLUDE OVERLAY PAVEMENT THROUGHOUT TURNOUT (PC/PT). PLAN MIN. 1 " ASPHALT MILL AND RESURFACE 25' FROM CUT (BOTH DIRECTIONS) 25' 24" PIPE DIAMETER + 60" �25' No MIN. — SAW CUT SAW CUT j — — EXISTING ASPHALT PJA ao z EXISTING REPLACEMENT i - BASE LIMEROCK BASE TYPE SP-12.5 RECONSTRUCTION if 18' ASPHALT MATCH EXISTING MIN. DEPTH OR 1.5" MIN. BASE INSTALLED AND SUBGRADE AND BACKFILL w COMPACTED, MAX. 6" LIFTS. MAX. 12" LIFTS, COMPACTED BACKFILL FINAL LIFT OF BASE TO BE PER FDOT SPECIFICATIONS FOR COMPACTED BY MIN. 4 TON PIPE MATERIAL VIBRATORY ROLLER BEFORE PAVING UNLESS OTHERWISE APPROVED. 2" MIN. 12"MIN. ASPHALT SAW CUT MIN. 24" FROM EDGE OF OPEN CUT AND TRENCH Do INSTALL TO 1 INCH BELOW FINISHED SURFACE. UNLESS OTHERWISE APPROVED ROLL WITH SECTION VIBRATORY ROLLER (4 TON MIN.) WITH A MINIMUM OF 6 PASSES. SAW CUT, MILL AND RESURFACE TO EXTENT AS SHOWN. *EXISTING CONDITIONS MAY REQUIRE ADDITIONAL WORK BEYOND THE LIMITS SHOWN IN THIS DETAIL. LAND DEVELOPMENT DETAILS DETAIL L D-2 TYPICAL OPEN CUT TRENCH & RESTORATION DATE: 11/22/21 Pnoe 129 of 438 EXISTING REMOVE EXISTING ASPHALT —\ I PROPOSED PAVEMENT WIDENING SAWCUT TO CREATE CLEAN EDGE 12" MIN. — — — EXISTING PAVEMENT SECTION BASE MATERIAL AND JOINT OF NEW AND OLD TO BE SCARIFIED AND COMPACTED TO ENSURE COHESIVE BASE SYSTEM JOINT (RIGHT TURN LANE OR SHOULDER) • ram' - _ a• PROPOSED PAVEMENT SECTION IN L ACCORDANCE WITH ST. LUCIE COUNTY STANDARDS SAW CUT — BUTT JOINT TYPICAL FOR WORK NOT IMPACTING TRAVELWAY EXISTING (PAVEMENT MARKINGS TO BE MODIFIED) MILL AND/OR LEVEL AND OVERLAY WITH MIN 1" SP-9.5 ASPHALTIC CONCRETE AS DETERMINED BY SLC — — — EXISTING PAVEMENT — — — SECTION F---------- BASE MATERIAL AND JOINT OF NEW AND OLD TO BE SCARIFIED AND COMPACTED TO ENSURE COHESIVE BASE SYSTEM JOINT PROPOSED PAVEMENT WIDENING FIRST LIFT PROPOSED PAVEMENT SECTION TYPICAL FOR WORK IMPACTING TRAVELWAY LULL LAND DEVELOPMENT DETAILS DETAIL LD-3 c E I e r —' - PAVEMENT WIDENING / CONNECTION DATE: 10/12/20 I 11CIE WE Wy F L O R I D A 10' MIN. 10' MIN. LAND DEVELOPMENT DETAILS CUL-DE-SAC DETAIL L D-4 DATE: 11/22/21 Pnoe 131 of MINIMUM 20' w CD w O 0 w w 0 Z1 w Q wl O O UJI �I Q OI � O Z_ N MINIMUM CASE II RED REFLECTORS PER 70' FDOT DESIGN STANDARD INDEX 17349 (6' O.C. TYP.) LAND DEVELOPMENT DETAILS DETAIL L D-5 T-TURNAROUND DATE: 10/12/20 Page 132 of 438 2' MIN. 2' MIN. SOD * PER PLAN SOD C 0.5 to 2% MAX. TOP OF SOD TO BE LAID / 6 J * ' MINIMUM FOR SIDEWALKS ON COLLECTOR AND ARTERIAL FLUSH WITH SIDEWALK WITH 10h:1 v OR FLATTER ROADWAYS. SLOPE FOR FIRST FOOT (TYP) 5' MINIMUM FOR SIDEWALKS ON LOCAL ROADWAYS. TYPICAL SIDEWALK N.T.S. REPLACEMENT PANEL __— T EXPANSION JOINT REPAIR OR REPLACEMENT N.T.S. i NOTES: ALL MATERIALS AND CONSTRUCTION PROCEDURES SHALL BE IN ACCORDANCE WITH THE LATEST FDOT INDICES AND AS FOLLOWS: 1. CONCRETE TO BE MINIMUM 3000 PSI COMPRESSIVE STRENGTH AT 28 DAYS. 2. TEST A MINIMUM OF THREE (3) COMPRESSIVE STRENGTH CYLINDERS PER 50 CY OR PER LOT, WHICHEVER IS GREATER. COMPRESSIVE STRENGTH SHALL BE REPORTED AT 28 DAYS. 3. ONLY FIBER REINFORCEMENT TO BE USED IN COUNTY RIGHT OF WAY AT A MINIMUM OF 1.5 LB/CY. STEEL REINFORCEMENT NOT ALLOWED. 4. ALL DELETERIOUS MATERIALS TO BE REMOVED 6 INCHES BELOW BOTTOM OF SIDEWALK AND 6 INCHES BEYOND ALL EDGES. 5. CONCRETE SHALL BE A MINIMUM OF 4 INCHES THICK FOR ALL SIDEWALKS. 6. SIDEWALKS THROUGH DRIVEWAYS SHALL BE 6" THICK MINIMUM. 7. SOD TO BE LAID WITHIN THREE (3) DAYS OF FINAL GRADING IN PUBLIC RIGHT OF WAY. 8. ENTIRE SIDEWALK SLAB BETWEEN CONTRACTION/EXPANSIONS JOINTS SHALL BE RECONSTRUCTED WHEN RESTORING EXISTING SIDEWALKS. 9. PRE —POUR INSPECTIONS ARE REQUIRED AND MUST BE ACCEPTED PRIOR TO POURING THE SIDEWALK. 10. FOR REPAIRS, REMOVE EXISTING SIDEWALK TO THE FULL WIDTH FROM CONTROL JOINT TO CONTROL JOINT (I.E. ONE "SECTION") � 1�t, LL �l �� rLccLLltti —"-- LAND DEVELOPMENT DETAILS I DETAIL y1912WJ/_1IN LD-6 DATE: 11/22/21 TOP OF BANK 11 4 MAX. 'CONCRETE JACKET PER CURRENT FDOT REINFORCED CONCRETE INDEX PIPE OR HDPE n flTl n k I 1 (DISSIMILAR PIPES TOP OF BANK 11 4 MAX. DPE BAND AND FILTER FABRIC JACKET PER CURRENT FDOT INDEX OPTION 2 HDPE � 1�t, LL �l �� rLcccL,tti —"-- 1 2.0' MIN. --- -- — - -- 4.0' MAX. CANTILEVER 1 LAKE BOTTOM 2 MAX. 20 L.F. MINIMUM OF CMP OR CAP PERFORATIONS IN HDPE PROVIDED BEYOND BANK z N 2.0' MIN. 4.0' MAX. 20' MIN. CANTILEVER 1LAKE BOTTOM 2 MAX. NOTES: 1. CONCRETE PIPE EXTENSIONS INTO OR THRU LAKE BANKS REQUIRE THE USE OF AN END STRUCTURE MEETING F.D.O.T. REQUIREMENTS. 2. PIPE OUTFALLS WHERE THE TOP OF PIPE IS LESS THAN 2 FEET BELOW THE NORMAL WATER LEVEL REQUIRE THE USE OF AN END STRUCTURE MEETING F.D.O.T. REQUIREMENTS. LAND DEVELOPMENT DETAILS ONSITE LAKE OUTFALL DETAIL LD-7 DATE: 11/22/21 UNIFORM CROSS SLOPE AND PARALLEL GRADES TO MATCH EXISTING ELEVATIONS AT LIMITS OF WORK SAWCUT TO A STRAIGHT AND TRUE EDGE AND MATCH EXISTING UNIFORM CROSS SLOPE AND PARALLEL GRADES TO MATCH EXISTING ELEVATIONS AT LIMITS OF WORK 00 ZZZ'T IT r\0Kl0DCTC NOTES: EXISTING ASPHALT EXISTING BASE © EXISTING SUBGRADE PROPOSED ASPHALT PER PLANS. PROPOSED BASE PER PLANS. Q PROPOSED SUBGRADE/SUBBASE PER PLANS. © BASE BUTT JOINT TO BE COMPACTED TO 98% MAXIMUM DENSITY PER A.A.S.H.T.O. T-180 WITH A MINIMUM DEPTH OF 12". ® 12" PAVEMENT EXTENSION NOT TO EXTEND INTO TRAVEL WAY. Ll! CLL - S� LAND DEVELOPMENT DETAILS DETAIL LD-8 r L c c L L, r NON RESIDENTIAL DRIVEWAY CONNECTION DATE: 11/22/21 ROW EXISTING DRIVEWAY OR NEW DRIVEWAY CONNECTION IN PUBLIC RIGHT-OF-WAY SAWCUT STRAIGHT Al' BRICK PAVER n n n /r1AIA\/(' DRIVEWAY REBAR fED SUBRADE NOTES: 1. HEADER CURB TO BE USED FOR SEPARATION BETWEEN BRICK PAVER DRIVEWAYS AND COUNTY PAVED ROADWAYS. 2. ADDITIONAL PAVER DRIVEWAY DESIGN DETAILS AND SPECIFICATIONS BY OWNER. 3. BRICK PAVERS ARE NOT ALLOWED WITHIN COUNTY ROW OR PUBLIC CROSSWALKS. ® ASPHALT ® BASE © SUBGRADE ® PROPOSED PRIVATE BRICK PAVER SURFACE m BASE AS DESIGNED BY OWNER HEADER CURB MINIMUM, 12" DEPTH, 12" WIDTH, 4000 PSI CONCRETE, 1 — #5 REBAR (MIN. 32" LAP AT SPLICE) L `�` ULL LAND DEVELOPMENT DETAILS DETAIL J l - LD-9 rLccLLlr HEADER CURB DATE: 11/22/21 //ZZZZZZZZZZ 10' MIN. z cV SIDEWALK `%4 BACK OF CURB DEVELOPMENTS WITH SIDEWALK 10' MIN. z N BACK OF CURB DEVELOPMENTS WITHOUT SIDEWALK NOTES: 1. DRIVEWAYS SHALL BE A MINIMUM LENGTH OF 22 FEET FROM FACE OF GARAGE/BUILDING TO BACK OF CURB OR SIDEWALKS WHEN PRESENT. 2. RESIDENTIAL DRIVEWAYS SHALL HAVE A MINIMUM WIDTH OF 10 FEET. L���� LAND DEVELOPMENT DETAILS DETAIL - -j LD-10 1 Cl L L L `' RESIDENTIAL DRIVEWAY DEPTH DATE: 12/3/21 Page 137 of 438 8.G.2. TO PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Karen Kozac, Public Safety Assistant Director Oscar Hance Public Safety 2023-58687 CONSENT AGENDA - PUBLIC SAFETY DATE: 3/21/2023 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No Federally -Funded Subaward and Grant Agreement - DR4673 (Hurricane Ian) During the incident period of September 23, 2022 through November 04, 2022, the impacts of Hurricane Ian created an immediate threat to the health and safety of the general public, requiring emergency response and protective measures. St. Lucie County utilized county staff, contracted vendors, and memorandums of understanding (MOU) to implement emergency protective measures prior to, during, and immediately after Hurricane Ian impacted St. Lucie County. As a result, St. Lucie County has been deemed eligible for the Federal Emergency Management Agency (FEMA) Public Assistance (PA) Program which provides financial reimbursement for eligible costs to eligible recipients. The Department of Homeland Security (DHS) has entered into a Hurricane Ian federal award agreement with the Florida Division of Emergency Management (FDEM). FDEM serves as the pass -through entity to sub - applicants for debris removal, emergency protective measures, and the repair or replacement of disaster - damaged facilities. Public Assistance funding will become obligated by FEMA as projects are approved. Amendments to this agreement will be made as funding obligations are granted. PREVIOUS ACTION: N/A FINANCIAL IMPACT: To date, the estimated expenses for the county are $600,471.29 for FY 2022/2023. Eligible expenses may be reimbursed as a part of the attached Federally -Funded Subaward and Grant Agreement. RECOMMENDATION: Staff recommends Board acceptance of the Federally -Funded Subaward and Grant Agreement, and authorization for the Chair to sign documents as approved by the County Attorney. Page 138 of 438 COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None W imam, � � Rangel Guerrero, Public Safety Director Daniel McIntyre, County Attorney George Landry, County Administrator Coordination/Signatures Date: March 03, 2023 Date: March 04, 2023 Date: March 07, 2023 Page 139 of 438 Agreement Number: Z3381 FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT for DR - 4673 - Hurricane Ian The following Agreement is made and information is provided pursuant to 2 CFR §200.332(a)(1): Subrecipient's name: St. Lucie Count Subrecipient's unique entity identifier: Federal Award Date: 9/30/2022 Subaward Period of Performance Start and End Date (Cat A-B): Subaward Period of Performance Start and End Date (Cat C-G): Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Subrecipient by the pass -through entity to include this Agreement: Total Amount of the Federal Award committed to the Subrecipient by the pass -through entity: Federal award project description (see Federal Funding Accountability and Transparency Act (FFATA): Name of Federal awarding agency: Name of pass -through entity: Contact information for the pass -through entity: Assistance Listing Number (Formerly CFDA Number): Sep 23, 2022- Mar 29, 2023 Sep 23, 2022- Mar 29, 2024 NIA Grant for communities to respond to and recover from major disasters or emergencies and for limited mitigation measures. Department of Homeland Security (DHS) Federal Emergency Management Agency F( EMA) Florida Division of Emergency Management (FDEM) 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 97.036 Assistance Listing Program Title (Formerly CFDA program Title): St. Lucie County THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and St. Lucie County (hereinafter referred to as the "Subrecipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Subrecipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The Subrecipient, by its decision to participate in this grant program, bears the ultimate responsibility for ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the ultimate consequences of any adverse decisions rendered by the Division, the Federal Awarding Agency, or any other State and Federal agencies with audit, regulatory, or enforcement authority; Page 140 of 438 C. This Agreement establishes the relationship between the Division and the Subrecipient to allow the Division to pay grant funds to the Subrecipient. THEREFORE, the Division and the Subrecipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 CFR § 200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance," applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. Performance under this Agreement is subject to 2 CFR Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. In addition to the foregoing, the Subrecipient and the Division shall be governed by all applicable State and Federal laws, rules, and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. The applicable statutes, rules, or regulations are the statutes, rules, or regulations in effect at the time of the declaration of the incident through which federal funds are awarded, or as otherwise indicated as retroactively applied. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Subrecipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Subrecipient performance; and ii. Review and document all deliverables for which the Subrecipient requests payment. b. The Division's Grant Manager for this Agreement is: Name Jennifer Stallings Title Grant Program Manager Bureau of Recovery Address: Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FI- 32399-2100 Telephone: (850) 815-4408 Email Jennifer. StalIings(d�em.myflorida.com c. The name and address of the Representative of the Subrecipient responsible for the administration of this Agreement is: Name: 4 Ajac,--, L— �nQ k%LJ-Q Address: \5�pC:)5 (ZEST- 2 Page 141 of 438 Telephone: 11 7_ —LJyZ- 2\og Email: G10 C I� C-Vi-,OrV, e Si Lox ��C��G�-•�� d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title, and address of the new representative will be provided to the other party in writing via letter or electronic email. e. Systems Access: It is the Subrecipient's responsibility to maintain current active users in the Division's grants management system in accordance with Attachment B to this Agreement ("Systems Access Form"). (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK The Subrecipient shall perform the work as approved by FEMA and provide the necessary documentation to substantiate work completed. (8) PERIOD OF AGREEMENTIPERIOD OF PERFORMANCE The Period of Agreement establishes a timeframe for all Subrecipient contractual obligations to be completed. Upon execution by both parties, this Agreement shall begin on the first day of the incident period for the disaster applicable to the agreement and shall end upon closeout of the Subrecipient's account for this disaster by the Federal Awarding Agency, unless terminated earlier as specified elsewhere in this Agreement. This Agreement survives and remains in effect after termination for the herein referenced State and Federal audit requirements and the referenced required records retention periods. Work may only be performed during the timeframes established and approved by FEMA for each Category of Work type. (9) FUNDING a. The amount of total available funding for this subgrant is limited to the amount obligated by the Federal Awarding Agency for all projects approved for this Subrecipient for DR - 4673 - Hurricane Ian Payments to Subrecipients are contingent upon the granting of budget authority to the Division. b. Pursuant to section 252.37(5)(a), Florida Statutes, unless otherwise specified in the General Appropriations Act, whenever the State accepts financial assistance from the Federal Government or its agencies under the Federal Public Assistance Program and such financial assistance is conditioned upon a requirement for matching funds, the State shall provide the entire match requirement for state agencies and one-half of the required match for grants to Local governments. Affected Local governments shall be required to provide one-half of the required match prior to receipt of such financial assistance. Section 252.37, Florida Statutes, does not Page 142 of 438 apply to Subrecipients that are considered Private Non -Profit entities, therefore the entire non-federal share shall be the responsibility of the Private Non -Profit Subrecipient. c. The Executive Office of the Governor may approve a waiver to local governments for the Non -Federal match requirement. The local government must apply for the waiver in accordance with Section 252.37(5)(b), Florida Statutes. Local governments must apply for the match waiver independently from their respective County. (10) PAYMENT a. The payment method used by the Division is either a Cost Reimbursement or an Advance Payment. Advance payments will be governed by Chapter 216, Florida Statutes. b. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Subrecipient. (11) REPAYMENTS a. Refunds or repayments of obligated funds may be paid to the Division through check or through a payment plan as approved by the Department of Financial Services. Additionally, FEMA may permit the Division to off -set against other obligated projects where deemed appropriate. In accordance with Chapter 255, Florida Statutes, the Subrecipient has 30 days to repay the funds from the issuance of the invoice from the Division. The Division may impose a 1 % per month interest fee for unpaid invoices. b. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management," and must include the invoice number and the applicable Disaster and Project number(s) that are the subject of the invoice, and be mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (12) RECORDS a. As required by 2 CFR § 200.334, and modified by Florida Department of State's record retention requirements (Fla. Admin. Code R. 1 B-24.003), the Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and all relevant terms and conditions of the award paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. This period may be extended for reasons including, but not limited to, litigation, fraud, or appeal. As required by 2 CFR § 200.303(e), the Subrecipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal Awarding Agency or the Division designates as sensitive or the Subrecipient considers sensitive consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality. b. The Subrecipient shall maintain all records for the Subrecipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient 4 Page 143 of 438 to determine compliance with the requirements and objectives of the award and all other applicable laws and regulations. (13) AUDITS a. The Subrecipient shall comply with the audit requirements contained in 2 CFR Part 200, Subpart F. b. As required by 2 CFR § 200.337(a), "The Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the [Division], or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the [Subrecipient] which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the [Subrecipient's] personnel for the purpose of interview and discussion related to such documents." The right of access is not limited to the required retention period but lasts as long as the records are retained (2 CFR § 200.337(c)). c. As required by 2 CFR § 200.332(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such documents. (14) REPORTS a. Consistent with 2 CFR § 200.329, the Subrecipient shall provide the Division with quarterly reports and any applicable financial reporting, including reports required by the Federal Funding Accountability and Transparency Act (FFATA). These reports shall include the current status and progress by the Subrecipient and, as applicable, all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. �#ta[ Deadline SubmNA r 3 , Quarter 1 (Q1) October 1 — December 31 January 15 Quarter 2 (Q2) January 1 — March 31 April 15 Quarter 3 (Q3) April 1 — June 30 July 15 Quarter 4 (Q4) July 1 —September 30 October 15 b. The Subrecipient agrees to submit quarterly reports to the Division no later than fifteen (15) days after the end of each quarter of the program year and to submit quarterly reports each quarter until one quarter past the closeout of each project in the Division's Grant Management System. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. c. The closeout report is due sixty (60) days after completion of each project worksheet associated with the applicant executing this Agreement, or sixty (60) days after termination of this Agreement, whichever first occurs. 5 Page 144 of 438 d. The Subrecipient shall provide additional program reports, updates, or information that may be required by the Division or the Federal awarding agency. (15) MONITORING a. The Division shall monitor the performance of the Subrecipient under this Agreement to ensure that the Scope of Work is being accomplished within the specified time periods, and that other performance goals are being met. b. The Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that an audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by the Division to the Subrecipient regarding such audit. c. Small Projects, as defined in 44 CFR § 206.203, that are obligated above the Federal Simplified Acquisition Threshold (SAT) will be subject to enhanced oversight and monitoring by the Division as authorized by 2 CFR § 200.332(a)(2). (16) LIABILITY a. Unless the Subrecipient is a State agency or political subdivision, as defined in section 768.28(2), Florida Statutes, the Subrecipient is solely responsible to third parties it deals with in carrying out the terms of this Agreement. As authorized by section 768.28(19), Florida Statutes, Subrecipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of the Division but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Subrecipient which is a State agency or political subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Subrecipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (17) TERMINATION This Agreement terminates upon the completion of all eligible work and payment of all eligible costs in accordance with the Public Assistance Program requirements. The Division and Subrecipient agree that all records will be maintained until the conclusion of any record retention period. (18) PROCUREMENT a. The Subrecipient must ensure that any procurement involving funds authorized by the Agreement complies with all applicable Federal and State laws and regulations, including 2 CFR §§ 200.318 through 200.327 as well as Appendix II to 2 CFR Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). Additional requirements, guidance, templates, and checklists regarding procurement may be obtained through the FEMA Procurement Disaster Assistance Team. Resources found here: hftps://www.fema.gov/grants/procurement. b. The Subrecipient must include all applicable federal contract terms for all contracts for which federal 6 Page 145 of 438 funds are received. If the Subrecipient contracts with any contractor or vendor for performance of any portion of the work required under this Agreement, the Subreciplent must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors, the Division, its employees and/or their contractors, and the Subrecipient and its employees and/or their contractors harmless from liability to third parties for claims asserted under such contract. c. The Subrecipient must monitor and document, in the quarterly report, the contractor's progress in performing its work on its behalf under this Agreement in addition to its own progress. d. The Subrecipient must ensure all contracts conform to sections 287.057 and 288.703, Florida Statutes, as applicable. (19) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Attachment A — Certification Regarding Debarment ii. Attachment B — Systems Access Form iii. Attachment C — Certification Regarding Lobbying 7 Page 146 of 438 Agreement Number: Z3381 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUBRECIPIENT: St. Lucie County By: (Signature) Name: Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Governor's Authorized Representative Date: R Page 147 of 438 Attachment A CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within the five-year period preceding entering into this Agreement had one or more public transactions (Federal, State, or Local) terminated for cause or default; and 3. Have not within the five-year period preceding entering into this proposal been convicted of or had a civil judgment rendered against them for: a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or a contract under public transaction, or b) violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. The Subrecipient understands and agrees that the language of this certification must be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants, loans, and cooperative agreements) and that all contractors and sub -contractors must certify and disclose accordingly. The Subrecipient further understands and agrees that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. By: Signature Name and Title 2300 Virginia Avenue Street Address Ft. Pierce, FL, 34982 City, State, Zip Date St. Lucie County Subrecipient's Name Z3381 DEM Contract Number 9 Page 148 of 438 Attachment B SYSTEMS ACCESS The System Access Form is submitted with each new disaster or emergency declaration to identify the Subrecipient's contacts for the FDEM Grants Management System in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Systems Access Form is originally submitted as Attachment "B" to the PA Funding Agreement. The 5ubrecipient is responsible for regularly reviewing its contacts. Contacts should be removed within 14 days of separation, retirement, or are reassignment by the Subrecipient. A new form will only be needed if all listed contacts have separated from the Agency. If a new Systems Access form is submitted all Agency Representatives currentIV listed as contacts that are not included on the updated form will be deleted from FDEM Grants Management System for the specified grant. All users must log in on a monthly basis to keep their accounts from becoming locked. Note: the Systems Access Form is NOT a delegation of authority. A signatory must have an attached delegation of authority as appropriate. Instructions for Completion Complete the form in its entirety, listing the name and information for all representatives who will be working in the FDEM Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FDEM Grants Management System within twelve (12) hours of being notified or their account will lock them out. Each user must log in within a sixty (60) day period or their account will lock them out. In the event you try to log in and your account is locked, users must submit a request for unlocking to RPA.Heli)@em.myflorida.com. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent" — This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. A subsequent new Authorized Agent must be designated through a letter on letterhead from the Subrecipient's Authorized Representative. It is recommended to delegate this authority to an organizational staff member to avoid delays in grant management (Only one Authorized Agent is allowed, and this person will have full access/authority unless otherwise requested). Block 2: "Primary Contact" — This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting repo rtslrequests in FDEM Grants Management System. The Authorized Agent may designate a new Primary Contact. (Only one Primary Contact is allowed, and this contact will have full access). Block 3: "Alternate Contact" — This is the person designated by your organization to be available when the Primary is not. Either the Authorized Agent or Primary Contact may designate a new Alternate Contact. (Only one Alternate Contact is allowed, and this contact will have full access). Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management -Insurance, and Environmental -Historic). Providing these contacts is essential in the coordination and communication required between State and Local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7 — 12: "Other" (Read Only Access) — There is no limit on "Other" contacts, but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read -Only" designation cannot take any action in FDEM Grants Management System. Note: The Systems Access Form is NOT a delegation of authority. A signatory must have an attached delegation of authority as appropriate. I () Page 149 of 438 SYSTEMS ACCESS FORM (CONTACTS) FEMAIGRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Subrecipient: St. Lucie County Box 1: Authorized Agent (Full Access) Box 2: Primary Contact (Full Access) Name Name Signature Signature Organization 1 Official Position Organization 1 Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 3: Alternate Contact (Full Access) Box 4: Other-Finance/Point of Contact (Full Access) Name Name Signature Signature Organization 1 Official Position Organization 1 Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 5: Other -Risk Mgmt-Insurance (Full Access) Box 6: Other -Environmental -Historic (Full Access) Name Name Signature Signature Organization 1 Official Position Organization 1 Official Position Mailing Address Mailing Address City, Slate, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address The above contacts may utilize the FDEM Grants Management System to perform the Subrecipient's responsibilities regarding the Public Assistance Grant according to their level of access. The Subrecipient is responsible for ensuring that all contacts are correct and up-to-date. Subrecipient Authorized Representative Signature Date Page 150 of 438 SYSTEMS ACCESS FORM (CONTACTS) FEMAIGRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Subrecipient: St. Lucie County Box 1: Authorized Agent (Full Access) Box 2: Primary Contact (Full Access) Name �J� � Name Signature Signatur Organization I Official Position Organization 1Official Po ition Mailing Address 53or ,� t Mailing Address 1 T b CityState, Zi City StateZip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 3: Alternate Contact (Full Access) Box 4: Other-Finance/Point of Contact (Full Access) Name Name Signature Signature Organi ation 1 Official Position _ u'$�yC Organization 1 Official Position Mailing Address Mailing Address City, State, Zip T- T ti G CV City, tate, Zip � Y:zC 17,C r Daytime Telephone �"� 2-^ �1•eZ � 1 � J Daytime Telephone i vl - t �Z� �t Z3 E-mail Address E-mail Address Box 5: Other -Risk Mgmt•Insurance (Full Access) Box 6: Other -Environmental -Historic (Full Access) Name � Name Signature Signature Or anization I Official Position Organization/ Official Position Mailing Address Mailing Address �7.J <-. i�f� •� City Stat Zip City, State, Zip Daytime Telephone Daytime Telephone E"-ma' Address E-mail Address ��-k � The above contacts may utilize the FDEM Grants Management System to perform the Subrecipient's responsibilities regarding the Public AssistanceGrant according to their level of access. The Subrecipient is responsible for ensuring that all contacts are correct and up-to-date. Subrecipient Authorized Representative Signature Date Page 151 of 438 SYSTEMS ACCESS FORM (CONTACTS) FEMAIGRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Subrecipient. St. Lucie County Date: Box 7: Other (Read Only Access) Box 8: Other (Read Only Access) Name Name Signature Signature Organization 1 Official Position Organization 1 Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) Name Name Signature Signature Organization 1 Official Position Organization 1 Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Name Name Signature Signature Organization 1 Official Position Organization 1 Official Position Mailing Address City, Stale, Zip one L Daytime Telephone jE-mail Address Subrecipient's Fiscal Year (FY) Start: Month: Day: Subrecipient's Federal Employer's Identification Number (EIN) 59-6000835 Subrecipient's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Subrecipient's: FIPS Number (If Known) 111-99111-00 12 Page 152 of 438 Attachment C Certification Regarding Lobbying APPENDIX A, 44 CFR PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification 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. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Subrecipient or contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Subrecipienticontractor's Authorized Official Name and Title of Subrecipient/contractor's Authorized Official Date 13 Page 153 of 438 kc LEE - 01 ,c -w= TO PRESENTED BY: SUBMITTED BY: 411:1lX4111l BACKGROUND: AGENDA REQUEST Board of County Commissioners Rebecca Olson, Interim Director of Public Utilities Utilities 8.H.1. 2023-58709 CONSENT AGENDA - UTILITIES DATE: 3/21/2023 *ACTION ITEM -AMENDMENT QUASI-JUDICIAL ITEM? No St. Lucie County - Vero Beach Potable Water System Interconnect - Fourth Amendment to Work Authorization No. 11 - Contract C17-10-792 with CDM Smith, Inc. On October 17, 2017, the County entered into a Professional Engineering Services Agreement (Contract No. C17-10-792) with CDM Smith, Inc. On August 20, 2019, the County and CDM Smith entered into Work Authorization No. 11 for the project known as "St. Lucie County - Vero Beach Potable Water System Interconnect". The parties amended Work Authorization No. 11 three times - On March 4, 2020, September 15, 2020, and December 7, 2021. Attached to this memorandum is a copy of a proposed Fourth Amendment to Work Authorization No. 11. In the scope of services in the Fourth Amendment, CDM Smith will provide a hydraulic evaluation to assess flow and pressure demands for the North Hutchinson Island water system independent of the Fort Pierce Utilities Authority (FPUA) connection from the south. The hydraulic analysis will provide data needed for the design of a booster pump station to provide system pressure and fire flow during emergencies. Amendment No. 4 also provides for professional engineering services for the design, permitting, assistance during bidding, and construction services of the following project elements: • A new slab on grade pump station with vertical turbine can pumps with VFDs. • New ground storage tank and appurtenances. • Yard piping connections to existing Vero Beach and St. Lucie County water mains. • A new Electrical Building that includes architectural aesthetic features. • A new electrical service via pad -mounted transformer. • Associated electrical, instrumentation and control equipment including a distribution panelboard, VFDs, and a SCADA panel and related electrical, lighting and grounding provisions. • Site work including structures, grading and drainage, and paving The proposed cost for these additional services is $73,830.00, which will result in a new not -to -exceed amount of $258,475.00. PREVIOUS ACTION: Page 154 of 438 On December 7, 2021, Amendment No. 3 was approved to provide bidding and construction management services necessary for construction of the interconnect. FINANCIAL IMPACT: Funding is available in Account Number 479-3600-563000-203602 (Infrastructure, Potable Water Interconnect SLC-Vero) through a transfer from Account Number 479-3600-599300-910000 (Reserve). RECOMMENDATION: Staff recommends the Board approve the fourth amendment and authorize the Chair to sign the fourth amendment. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures dZ_y_1_y+ 4-U Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney George Landry, County Administrator Date: March 09, 2023 Date: March 10, 2023 Date: March 13, 2023 Page 155 of 438 FOURTH AMENDMENT TO WORK AUTHORIZATION NO. 11 CONTRACT C17-10-792 THIS FOURTH AMENDMENT is made as of the day of , 2023, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and CDM SMITH INC., hereinafter referred to as the "Consultant". W ITN ESSETH: WHEREAS, on October 17, 2017, the County entered into a Professional Engineering Services Agreement (Contract No. C17-10-792) hereinafter referred to as "Contract" with the Consultant to provide continuing professional Utilities Engineering Services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, on August 20, 2019, the parties executed work authorization no. 11 for the project known as "St. Lucie County — Vero Beach Potable Water System Interconnect"; and, WHEREAS, on March 4, 2020, the parties executed the first amendment to work authorization no. 11 to modify the scope of work, increase the compensation and extend the completion date of the project; and, WHEREAS, on September 15, 2020, the parties executed the second amendment to work authorization no. 11 to modify the scope of work, increase the compensation and extend the completion date of the project; and, WHEREAS, on December 7, 2021, the parties executed the third amendment to the work authorization to modify the scope of work, increase the compensation and extend the completion date of the project; and, WHEREAS, the parties desire to further amend the work authorization to modify the scope of work, increase the compensation and extend the completion date of the project; 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: 1. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide additional professional utility engineering services under the pricing, terms, and conditions of the continuing contract (C17-10-792). The additional 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 which are attached hereto and made a part of this work authorization and incorporated herein. Page 1 of 3 Page 156 of 438 COMPENSATION: The cost to perform all additional services as described in the attached Scope of Services shall be paid at the approved hourly rates and will not exceed a total amount of $73,830.00 (seventy-three thousand eight hundred thirty and 00/100 dollars), as further detailed in Exhibit "A" for a total work authorization amount not to exceed $258,475.00 (two hundred fifty-eight thousand four hundred seventy-five and 00/100 dollars). No reimbursable expenses will be paid pursuant to this work authorization. Any sub -consultant fees associated with this work authorization will be paid as a direct pass through without any additional mark-up or administrative fee. This work authorization shall meet the definition of "Construction Services" as defined in F.S. §218.72. Payment to the Consultant shall be made within 20 business days of the County's receipt of the application. CONSTRUCTION COSTS: The construction costs of any of the various Projects for which Consultant will render the Professional Services under this work authorization are estimated by the County not to exceed $4,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the original work authorization and the Continuing Contract shall remain in full force and effect. 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 as further described in Exhibit "A" Time of Performance. C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the County will suffer damages which are not capable of ascertainment or calculation, and therefore the Consultant shall pay the County, as liquidated damages, a sum of $50.00 (fifty and 00/100 dollars) per day for each day following the required completion date, until the date upon which actual completion occurs. d. 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. e. 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. Page 2 of 3 Page 157 of 438 f. SCRUTINIZED COMPANIES TERMINATION: The County may immediately terminate the Contract without cause at anytime upon ascertaining that pursuant to § 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services if at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, or at any time thereafter, the company: (1) is on the Scrutinized Companies that Boycott Israel List, created pursuant to § 215.4725, Florida Statutes, or is engaged in a boycott of Israel; (2) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to § 215.473, Florida Statutes; or (3) is engaged in business operations in Cuba or Syria. Furthermore, the County may immediately terminate the Contract if it is determined that the company submitted a false certification stating that it was not (1) on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; (2) was not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; (3) or was not engaged in business operations in Cuba or Syria when in fact the company was engaged in such activities at the time of the bid or proposal, or at the time of entering into or renewing the Contract. IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective the date first written above. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY CDM SMITH INC. BY: PRINT NAME: Page 3 of 3 Page 158 of 438 WORK AUTHORIZATION NO. 11- AMENDMENT NO. 4 PROFESSIONAL SERVICES FOR ST. LUCIE COUNTY ST. LUCIE COUNTY-VERO BEACH POTABLE WATER INTERCONNECT This Amendment, when executed, shall be incorporated in and become part of the Professional Services Agreement, Contract C17-10-792 (Contract) between St. Lucie County (COUNTY) and CDM Smith Inc. (CONSULTANT) dated October 17, 2017, hereafter referred to as the Contract. PROJECT BACKGROUND Work Authorization No. 11 was approved on October 10, 2019, by the COUNTY for the professional services for the design and preparation of bid documents and to prepare permit applications for the 12-inch Potable Water Interconnect between the COUNTY and the City of Vero Beach (City). On March 4, 2020, Amendment No. 1 was approved by the COUNTY to perform an analysis of alternative pipe installation methods for the proposed 12-inch diameter potable water interconnect to cross SR A1A as requested by the FDOT. Following the 60 percent design effort, it was revealed that relocating the interconnect metering station from the west side of State Road A1A to the east side of State Road A1A would be cost- effective. Both power and communication lines could be routed to an existing City lift station panel, eliminating the need for a new power pole and power drop from a major FPL transmission line. In addition, the change eliminated the need for an electrical equipment rack and installation of permanent traffic safety infrastructure required by FDOT for public safety. The COUNTY and the City collaboratively drafted an interlocal agreement in which the operations of the system interconnect are defined. The exhibits in the draft Interlocal Agreement required updates to be consistent with the design. On September 15, 2020, Amendment No. 2 was approved by the COUNTY for the additional design efforts required due to the design change described above and to provide updated exhibits for the Interlocal Agreement. The Interlocal Agreement was executed by the COUNTY and the City on May 4, 2021. On December 7, 2021, Amendment No. 3 was approved by the COUNTY to provide bidding and construction management services necessary for construction of the interconnect. This Amendment No. 4 will provide a hydraulic evaluation to assess flow and pressure demands for the North Hutchinson Island water system independent of the Fort Pierce Utilities Authority (FPUA) connection from the south. The hydraulic analysis will provide data needed for the design of a booster pump station to provide system pressure and fire flow during emergencies. Amendment No. 4 also provides for professional engineering services for the design, permitting, assistance during bidding, and construction services of the following project elements: ■ A new slab on grade pump station with vertical turbine can pumps with VFDs. ■ New ground storage tank and appurtenances. Smith Page 1 of 6 jj3414_Amend No. 4 Page 159 of 438 ■ Yard piping connections to existing Vero Beach and St. Lucie County water mains. ■ A new Electrical Building that includes architectural aesthetic features. ■ A new electrical service via pad -mounted transformer. ■ Associated electrical, instrumentation and control equipment including a distribution panelboard, VFDs, and a SCADA panel and related electrical, lighting and grounding provisions. ■ Site work including structures, grading and drainage, and paving. The outline of services to be provided by CONSULTANT for this project are listed below: ■ Kickoff Meeting and Data Reviews. ■ Preliminary Design Development. ■ Field Investigation (Survey and Geotechnical scope and budget TBD following Preliminary Design). ■ Design Development (scope and budget TBD following Preliminary Design). ■ Permitting Assistance (scope and budget TBD following Preliminary Design). ■ Bidding Assistance (scope and budget TBD following Preliminary Design). ■ Construction Services (scope and budget TBD following Preliminary Design). The Scope of Services describes the above -referenced tasks in more detail and defines the professional services to be provided, schedule development, and fee estimate. SCOPE OF SERVICES The following is a description of the services to be provided under this Amendment No. 4 to Work Authorization No. 11. TASK 13 - KICKOFF MEETING AND DATA REVIEWS Under this task, a kickoff meeting will be performed with key members of the COUNTY and CONSULTANT project teams to formalize the project approach identify the booster pump station site and clarify project issues or data needs. Subtask 13.1 Project Work Planning: Kickoff Meeting CONSULTANT will prepare and facilitate a project kickoff meeting with COUNTY staff. The goals of the meeting are to address project design and expectations, critical issues, coordination of project activities, schedule, and project design standards. A discussion of the preliminary design approach, including the site layout and equipment preferences, will be completed during the kickoff meeting. Subtask 13.2 Data Collection and Reviews CONSULTANT will review record drawing information, existing surveys, and other relevant previous construction data to determine utility location and establish design conditions for the proposed booster pump station. If additional data needs are identified, a request will be made to the COUNTY. Smith Page 2 of 6 3414_Amend No.4 Page 160 of 438 TASK 13 — DELIVERABLE: ■ Kickoff Meeting Agenda and Minutes TASK 14 - PRELIMINARY DESIGN OF BOOSTER STATION This task provides for establishment of design criteria, site layout development, and project components. The main deliverable, the Preliminary Design Report (PDR) will include a schematic site layout which will serve as the basis for future design development, surveying and geotechnical project needs Preparation of a preliminary design level opinion of probable construction cost (OPCC) is included under this task. Subtask 14.1 Conceptual Schematic Layout and Preliminary Design Report CONSULTANT will develop a 10 percent schematic layout based on data collected under Task 13. The draft schematic layout will be submitted to the COUNTY for review, finalized, and serve as the basis for the PDR development. CONSULTANT will develop a PDR that will summarize the design criteria for mechanical, electrical, instrumentation, structural, civil, and architectural components. A Class 4 opinion of probable construction cost (OPCC) as defined by the American Association of Cost Estimators will be prepared based on the design criteria. The accuracy of this estimate is -30% to +50 percent of the final project cost. CONSULTANT will incorporate the design criteria and OPCC into the Preliminary Design Report prepared under this task. The PDR will include: ■ Design criteria and code evaluation for electrical, structural, and architectural design. ■ Development of system hydraulic model. ■ Prepare engineering design recommendations for proposed booster pumping, piping, and storage. ■ Develop a preliminary process instrumentation and control diagram (P&ID) with schematic to show recommended control and monitoring system configuration and single -line electrical diagrams. Identify necessary onsite and offsite permits and anticipated permit conditions. ■ Preliminary OPCC. ■ Project schedule including design and bidding phases. The Preliminary Design Report will be submitted to the COUNTY electronically in Portable Document Format (PDF) for review (email or file transfer). COUNTY's review comments shall be incorporated in the Preliminary Design Report. A review meeting will be held with the COUNTY following submittal of the Draft Preliminary Design Report. Comments received at the review meeting will be incorporated into the Final Preliminary Design Report. Following the COUNTY's review of the Draft report, the CONSULTANT will provide the COUNTY with the Final Preliminary Design Report. TASK 14 — DELIVERABLES: ■ 10 percent Schematic Layout ■ PDR in PDF Smith Page 3 of 6 jj3414_Amend No. 4 Page 161 of 438 ■ Review Meeting Agenda and Minutes in PDF TASK 15 - PROJECT QUALITY MANAGEMENT FOR PRELIMINARY DESIGN REPORT Activities performed under this task consist of those general functions required to maintain the project on schedule, within budget, and that the quality of the work products defined within this scope is consistent with CONSULTANT's standards and COUNTY's requirements. CONSULTANT maintains a Quality Management System (QMS) for all projects. The CONSULTANT will comply with its QMS, which includes independent review of deliverables, monthly project status reviews, and project close-out activities. An internal project planning and scope review meeting will be conducted at the start of the project. One Technical Review Committee (TRC) meeting has been budgeted for and will be conducted at the 10 percent completion stage of the project. One Technical Specialist Review (TSR) has been budgeted and will be conducted for the PDR. The following tasks will be added in a future Amendment following the PDR development: TASK 16 FIELD INVESTIGATION (SURVEY & GEOTECHNICAL EVALUATION)- TO BE DETERMINED (TBD) AFTER PRELIMINARY DESIGN TASK 17 FINAL DESIGN OF BOOSTER STATION- TBD AFTER PRELIMINARY DESIGN TASK 18 PERMITTING ASSISTANCE FOR BOOSTER STATION- TBD AFTER PRELIMINARY DESIGN TASK 19 BIDDING AND AWARD OF CONTRACT FOR BOOSTER STATION- TBD AFTER PRELIMINARY DESIGN TASK 20 CONSTRUCTION MANAGEMENT SERVICES FOR BOOSTER STATION- TBD AFTER PRELIMINARY DESIGN TASK 21 PROJECT QUALITY MANAGEMENT FOR FINAL DESIGN & CONSTRUCTION SERVICES- TBD AFTER PRELIMINARY DESIGN ASSUMPTIONS ■ The COUNTY shall select a site for the booster pump station prior to proceeding to the 30 Percent Design. ■ The COUNTY shall provide Geographic Information System (GIS) water facilities files for North Hutchinson Island. ■ The COUNTY shall provide the water distribution system hydraulic models for both the COUNTY and the City of Vero Beach. ■ The COUNTY shall provide flow and pressure requirements for the system. ■ An Amendment for 30 Percent Design, Final Design, Survey, Geotechnical Services, Permitting, Bidding Services, and Construction Services will be developed following acceptance of the Preliminary Design Report. TIME OF PERFORMANCE It is anticipated that the work outlined in this Amendment No. 4 will be completed within six months, starting within two weeks of receipt of a formal notice to proceed ((NTP) to the CONSULTANT by the COUNTY. CONSULTANT will prepare an updated detailed schedule within the first 10 calendar days after Notice to Proceed (NTP). The revised anticipated schedule is shown in Table 1 below. Smith Page 4 of 6 saia_Amend No a Page 162 of 438 Table 1 Revised Anticipated Schedule Task Anticipated Completion Task 1 Meetings Complete Task 2 Data Collection Complete Task 3 Construction Documents Complete Task 4 Permitting Assistance Complete Task 5 Project Quality Management Complete Task 6 Alterative Evaluation Complete Task 7 Amend Contract Documents Preparation Complete Task 8 Exhibit Updates Complete Task 9 FDEP and FDOT Responses Complete Task 10 Bidding and Award of Contract Phase Complete Task 11 Construction Management (CM) Services Phase May 2023 Task 12 Project Quality Management (CM Services) May 2023 Task 13.1 Kickoff Meeting Within 2 weeks of Start Task 13.2 Data Collection and Reviews 4 weeks following Kickoff Meeting Task 14 Preliminary Design of Booster Station 16 weeks following receipt of data from COUNTY Task 15 Project Quality Management for PDR Throughout PDR Duration Task 16 Field Investigation (Survey & Geotechnical ) TBD following PDR Task 17 Final Design of Booster Station TBD following PDR Task 18 Permitting for Booster Station TBD following PDR Task 19 Bidding and Award of Contract for Booster Station TBD Task 20 Construction Management Services for Booster Station TBD Task 21 Project Quality Management for Final Design and CM Services TBD *The project schedule will be updated following Preliminary Design Report. *It is anticipated that a data request will be submitted to the COUNTY within one week following the Kickoff Meeting. * The Booster Pump Station Schedule for 30 Percent Design, Final Design, Permitting, Bidding Services, and Construction Services will be developed as part of the Preliminary Design Report. COMPENSATION AND PAYMENT Compensation for the work described herein shall be made in accordance with this Amendment and the Contract between the COUNTY and CONSULTANT based on not to exceed fee. The Not -to -Exceed amount for this Amendment is $73,830. The new total not -to -exceed amount of this Work Authorization No. 11 is $258,475. Partial payments are to be made on a monthly basis based on the hours incurred and the billing rates in the Contract. For invoice purposes only, the value of each task is as shown in Table 2 and labor category as shown below in Table 3. Smith Page 5 of 6 jj3414_Amend No. 4 Page 163 of 438 Table 2 Task Value for invoice purposes only Description Total Task 13 — Kickoff and Data Reviews $9,195 Task 14 — Preliminary Design of Booster Pump Station $53,945 Task 15 - Project Quality Management for PDR 10,690 AMENDMENT NO. 4 NOT -TO -EXCEED AMOUNT = $73,830 Note: The information provided in Table 1 is intended as an estimate of the budget distribution. CONSULTANT may shift budget between tasks to complete the identified scope of services. Table 3 Breakdown by Labor Category Labor Category Hours Rate Total Senior Officer 8 $245 $1,960 Officer 11 $225 $2,475 Associate 10 $215 $2,150 Principal 96 $205 $19,680 Senior Professional 106 $165 $17,490 Professional)) 112 $135 $15,120 Professional) 24 $115 $2,760 Senior Technical Expert 25 $240 $6,000 Senior Support Services 20 $130 $2,600 Staff Support Services 8 $105 $840 Project Administration 29 $95 $2,755 TOTAL HOURS 449 GRAND TOTAL NOT -TO -EXCEED AMOUNT $73,830 Smith Page 6 of 6 jj3414_Amend No. 4 Page 164 of 438 8.H.2. kc LEE LUC,, 0 L, r TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Rebecca Olson, Interim Director of Public Utilities Solid Waste & Recycling 2023-58716 CONSENT AGENDA - SOLID WASTE & RECYCLING DATE: 3/21/2023 *ACTION ITEM - BOARD ACCEPTANCE QUASI-JUDICIAL ITEM? No Award CDM Work Authorization No. 22 - Phase II Reopening Assistance with the design, permitting, bidding, and services during construction for reopening Phase II of the Class I Landfill to recapture lost airspace due to settling over time. The purpose of this Work Authorization to C19-09-790 is for the design, permitting, bidding, and services during construction for reopening Phase II of the landfill. Phases II and IIIA of the Class I Landfill were closed in 2012. The top of Phase II has settled since the completion of the closure construction. SLCSW is currently filling in Phases IIIB and IVA. To recapture some lost airspace, SLCSW would like to remove the closure cap in an area that is approximately 100 feet by 550 feet on the top of Phase II and place additional waste. The waste placed on the top of Phase II will backfill onto the north slope of Phase IIIB. The removal of the closure cap will require preparation of drawings and a modification of the solid waste permit through the Florida Department of Environmental Protection (FDEP). SLCSW has requested CDM Smith assist with the preparation of the drawings and obtaining the permit modification to include: • Closure cap removal evaluation and drawings preperation • Solid waste permit modification • Bidding services • Project and quality management • General engineering services during construction PREVIOUS ACTION: N/A FINANCIAL IMPACT: A not -to -exceed total cost of $97,945 for WA No. 22 through FY 2023. The funds will be available in account 401-3410-531000-340000. Page 165 of 438 RECOMMENDATION: Staff recommends Board approval and authorization for the Chair to execute CDM Smith Work Authorization No. 22 under Contract C19-09-790 for professional engineering services for a not -to -exceed total cost of $97,945.00. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: March 09, 2023 Jennifer Hill, Office of Management & Budget Director Date: March 10, 2023 Daniel McIntyre, County Attorney George Landry, County Administrator Page 166 of 438 WORK AUTHORIZATION NO. 22 CONTRACT C19-09-790 ST. LUCIE COUNTY BALING AND RECYCLING FACILITY THIS WORK AUTHORIZATION is made as of the day of , 2023, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County' and CDM SMITH, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on September 10, 2019, the County entered into a Professional Services Agreement (Contract No. C19-09-790) hereinafter referred to as "Contract" with the Consultant to provide continuing solid waste 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, WHEREAS, the Legislature of the State of Florida amended Section 448.095(2)(a) Florida Statute to provide that any contract by a local government entity must contain a provision for the use of the Federal E- Verify System to confirm the work authorization status of new employees hired on or after January 1, 2021. 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: St. Lucie County Baling and Recycling Facility Phase 11 Reopening Design, Permitting, Bidding, and Services during Construction (hereinafter referred to as "the Project".) SERVICES: The County has determined that it would like to utilize the services of the Consultant to provide professional engineering services under the pricing, terms and conditions of the continuing contract (C19-09- 790). The as -needed services to be provided by Consultant shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule provided and made a part of this work authorization and incorporated herein. COMPENSATION: The cost to perform the as -needed services as described shall be paid at the approved hourly rates and will not exceed a total amount of $97,945.00 (ninety-seven thousand nine hundred forty-five and 00/100 Page 167 of 438 dollars). No reimbursable expenses will be paid pursuant to this work authorization. Any sub -consultant fees associates with this work authorization will be paid as a direct pass through without any additional mark-up or administrative fee. This work authorization shall meet the definition of "Construction Services" as defined in F.S. §218.72. Payment to the Consultant shall be made within 20 business days of the County's receipt of the application. 4. CONSTRUCTION COSTS: The construction costs of the Project for which Consultant will render the Professional Services are estimated by the County not to exceed $4,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act" (CCNA). CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 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 as further described in Project Schedule. 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. e. SCRUTINIZED COMPANIES TERMINATION: The County may immediately terminate the Work Authorization without cause at anytime upon ascertaining that pursuant to § 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local government entity for goods or services if at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, or at any time thereafter, the company: (1) is on the Scrutinized Companies that Boycott Israel List, created pursuant to § 215.4725, Florida Statutes, or is engaged in a boycott of Israel; (2) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to § 215.473, Florida Statutes; or (3) is engaged in business operations in Cuba or Syria. Furthermore, the County may immediately terminate the Contract if it is determined that the company submitted a false certification stating that it was not (1) on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; (2) was not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; (3) or was not engaged in business operations in Cuba or Syria when in fact 2 Page 168 of 438 the company was engaged in such activities at the time of the bid or proposal, or at the time of entering into or renewing the Contract. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY CDM SMITH, INC. BY: PRINT NAME: 3 Page 169 of 438 WORK AUTHORIZATION NO. EXHIBIT A ST. LUCIE COUNTY BALING AND RECYCLING FACILITY PHASE II REOPENING DESIGN, PERMITTING, BIDDING, AND SERVICES DURING CONSTRUCTION This Authorization, when executed, shall be incorporated in and become part of the Contract for Consulting/Professional Services between St. Lucie County (COUNTY) and CDM Smith Inc., (CONSULTANT), dated September 10, 2019, hereafter referred to as the CONTRACT. PROJECT BACKGROUND Phases II and IIIA of the Class I Landfill were closed in 2012. The top of Phase II has settled since the completion of the closure construction. The COUNTY is currently filling in Phases IIIB and IVA. To recapture some lost airspace, the COUNTY would like to remove the closure cap in an area that is approximately 100 feet by 550 feet on the top of Phase II and place additional waste. The waste placed on the top of Phase II will backfill onto the north slope of Phase IIIB. The removal of the closure cap will require preparation of drawings and a modification of the solid waste permit through the Florida Department of Environmental Protection (FDEP). The COUNTY has requested the CONSULTANT assist with the preparation of the drawings and obtaining the permit modification. SCOPE OF SERVICES The following scope of services outlines the necessary tasks for the design and permitting of the Phase II reopening. TASK 1 CLOSURE CAP REMOVAL EVALUATION AND DRAWINGS PREPARATION This task consists of performing the evaluation of the limits of the closure cap removal and design of the closure cap removal and associated stormwater and landfill gas system modifications. Subtask 1.1 Closure Cap Removal Evaluation CONSULTANT will evaluate the limits of the closure cap removal. CONSULTANT will review the Phase II cell design and closure record drawings, the buildout plan for the site, historical permits, calculations, and reports to determine the additional height of waste that can be placed on Phase II and the extent the existing closure cap can be removed. Subtask 1.2 Design Drawings CONSULTANT will prepare approximately 5 design drawings for removal of the closure cap. Table 1 provides a tentative list of drawings necessary to convey the design and scope of the construction for the purposes of permitting and construction. Smith A-1 Page 170 of 438 Table 1 - Drawing List Sheet No. Title General G-0 Cover G-1 Index, General Notes, Location Map, Symbols, Legends Civil C-1 Phase II Closure Cap Removal Plan C-2 Stormwater System Modifications Plan CD-1 Civil Details I Subtask 1.3 Opinion of Probable Construction Cost CONSULTANT will prepare an estimate of probable construction cost at the 60 percent completion stage and submit the estimate to the COUNTY for review. The estimate will be based on generally accepted costs for this type of work. Task 1 Deliverables: ■ Overall 10 percent complete conceptual drawings ■ Overall 60 percent and 90 percent complete drawings ■ Final Contract Documents TASK 2 SOLID WASTE PERMIT MODIFICATION Subtask 2.1 Pre -Application Meeting CONSULTANT will prepare for and coordinate one pre -application meeting (via conference call) with FDEP staff. The purpose of the conference call meeting will be to discuss the scope and content of the Solid Waste Permit modification application. Subtask 2.2 Solid Waste Permit Application CONSULTANT will prepare the permit application documents that are required for an intermediate modification to the COUNTY Baling and Recycling Facility Solid Waste Operation Permit. These documents shall meet the current requirements of Rule 62-701.320, F.A.C. and shall also include, if necessary, the following specific requirements. CONSULTANT anticipates that Sections A, B, D, E, K, R and S of the permit application form (FDEP Form No. 62-701.900(1)) will be required for the intermediate modification of the Solid Waste Operation Permit. CONSULTANT will submit this information as part of the application package in support of the permit modification. Facility information that was previously submitted to FDEP to support the existing permit, and which is still valid, is not required to be resubmitted for permit modification. Portions of the application not resubmitted will be marked "no substantial change" on the application form. The following additional information will be included in the application package: • Operation Plan — Revisions to the plan will be made to the introduction and closure sections. • Project description • Design Drawings and Pertinent Technical Specifications • Fill Sequencing Figure Smith A-2 Page 171 of 438 • Updated Financial Assurance CONSULTANT will prepare the draft application package and provide to the COUNTY for review. CONSULTANT will incorporate comments from the COUTNY to prepare the final permit application and submit the completed permit application and supporting documents to FDEP. CONSULTANT will submit an electronic copy to FDEP. CONSULTANT will provide one complete hard copy and an electronic PDF copy of the permit renewal application to COUNTY. Subtask 2.3 FDEP Requests for Information and Draft Permit Review CONSULTANT will respond to one RAI prepared by FDEP. Once a draft Solid Waste Permit is issued, CONSULTANT will review it in detail, and discuss with COUNTY any comments or recommended changes to the permit conditions. CONSULTANT will, on behalf of COUNTY, submit comments on the draft Solid Waste Permit to FDEP. Task 2 Deliverables: ■ Solid Waste Construction and Operation Permit Intermediate Modification Application (Electronic PDF and one final hard copy) ■ RAI Response Letter (Electronic PDF) TASK 3 BIDDING SERVICES COUNTY has pre -qualified Contractors for landfill construction. In this task, CONSULTANT will assist COUNTY in obtaining bids from the pre -qualified Contractors, assist COUNTY in evaluating the bids, and in contract negotiations. Subtask 3.1 Bid Advertisement and Addenda CONSULTANT will assist the COUNTY with requesting bids from the pre -qualified contractors, respond to communications from Contractors, attend a pre -bid conference, and issue up to two contract document addenda. Subtask 3.2 Bid Evaluation CONSULTANT will evaluate the Contractor bids and recommend award of contract to COUNTY. The contract negotiation phase of the project terminates when an assumed Notice of Award is issued to a Contractor. TASK 4 PROJECT AND QUALITY MANAGEMENT Activities performed under this task consist of those generally administrative functions required to assure that the project remains on schedule, within budget, and that the quality of the work products defined within this scope is consistent with CONSULTANT's standards. Specific activities included are identified below: Subtask 4.1 Quality Technical Review CONSULTANT maintains a quality management system (QMS) on all projects. A Project Quality Management Workshop will be held at the initiation of the project. Up to two formal Technical Review Committee (TRC) meetings have been budgeted for and will be conducted at the 10 percent and 60 percent overall design percent completion stages. Deliverables produced for the TRC meetings will be as follows: ■ Overall 10 Percent complete — schematic design, including conceptual site plan Smith A-3 Page 172 of 438 ■ Overall 60 Percent complete —design drawings and technical specifications Subtask 4.2 Final Design Review CONSULTANT will prepare and submit a complete set of design drawings and technical specifications to COUNTY for review at the 90 percent (pre -construction) completion stage for constructability and biddability. CONSULTANT will prepare for and attend one meeting with COUNTY staff to review comments on the 90 percent design drawings and technical specifications. CONSULTANT will incorporate COUNTY's written comments, prepare the final Contract Documents, and submit two hard copies and a PDF copy of the design drawings and technical specifications to the COUNTY. Task 4 Deliverables: ■ Electronic PDF files of each scheduled design milestone (10, 60, and 90 percent completion stages). ■ Two signed and sealed full-size (22-inch by 34-inch) hardcopies of final design drawings and specifications labeled "Issued for Permit" or "Issued for Bid." TASK 5 GENERAL ENGINEERING SERVICES DURING CONSTRUCTION These services shall include the following subtasks: Subtask 5.1 After issuance of a Notice of Award by COUNTY, the COUNTY will develop the conformed contract and the CONSULTANT will develop the conformed drawings. CONSULTANT will provide an electronic PDF and three hard copies of the conformed drawings. CONSULTANT will also prepare for and attend a field preconstruction meeting with the selected Contractor. Subtask 5.2 CONSULTANT will consult with and advise COUNTY and act as its representative as provided in the General Conditions of the construction contract. Consult with and advise COUNTY as to the acceptability of substitute materials and equipment proposed by the Contractor when substitution is permitted by the Contract Documents. Subtask 5.3 CONSULTANT will make up to two visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work of the Contractor and to determine in general if such work is proceeding in accordance with the Contract Documents. During such visits and on the basis of on -site observations, CONSULTANT shall keep COUNTY informed of the progress of the work and shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents. Additionally, during such visits and on the basis of such observations, CONSULTANT shall disapprove or reject Contractor's work while it is in progress if CONSULTANT believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Subtask 5.4 CONSULTANT will review and approve up to 5 submittals (up to 2 times for each material) and other data which the Contractor is required to submit. Subtask 5.5 CONSULTANT will issue instructions to the Contractor and issue necessary interpretations and clarifications of the Contract Documents. CONSULTANT will respond Smith A-4 Page 173 of 438 to up to five requests for information. CONSULTANT will act as COUNTY's representative to require special inspection or testing of the work. CONSULTANT will act as initial interpreter of the requirements of the Contract Documents regarding the execution and progress of the work. Subtask 5.6 Based on CONSULTANT's on -site observations and on review of applications for payment and the accompanying data and schedules, CONSULTANT will determine the amounts owing to the Contractor and recommend in writing, payments to the Contractor in such amounts. Subtask 5.7 As construction nears substantial completion, CONSULTANT will perform an initial walkthrough to develop a preliminary checklist of items to be performed by the Contractor, based upon observations made jointly between the Contractor, COUNTY, and CONSULTANT. CONSULTANT will perform a second walkthrough to identify which items remain to be performed from the initial checklist and to supplement that list as necessary and for the purpose of developing a joint single final punch list. CONSULTANT will perform a final check to determine if the work has been completed in accordance with the final punch list and Contract Documents. CONSULTANT reserves the right to request additional compensation should additional walkthroughs be required. Subtask 5.8 CONSULTANT will assist the COUNTY with the project; generate correspondence to COUNTY, Contractor, and other parties; provide monthly project status reports; and maintain comprehensive project records and documentation on file. Subtask 5.9 CONSULTANT will monitor/check performance tests and review/maintain field test reports for conformance with project contract documents. The level of work estimated for the project is based on a two -month construction period. CONSULTANT reserves the right to request additional compensation, should construction extend beyond two months. TASK 6 SPECIAL ENGINEERING SERVICES DURING CONSTRUCTION Activities performed under this task consist of supplementary and special engineering services required during the construction and implementation of the project. Subtask 6.1 Prepare for COUNTY a set of reproducible Record Drawings (digital copy in AutoCAD format, an electronic PDF, and two hard copies) showing those significant changes made during the construction process based on information furnished to CONSULTANT by the Contractor. TASK 7 REPRESENTATIVE SERVICES DURING CONSTRUCTION The activities performed under this task consist of providing a representative during the construction and implementation of the project. Subtask 7.1 Activities performed under this task consist of furnishing a part-time Project Representative (PR) during the project construction to observe the performance of the work of the Contractor. The level of work estimated for this project is 40 labor -hours of project representative time based on 1 month to substantial completion (10 labor -hours Smith A-s Page 174 of 438 per week x 4 weeks). CONSULTANT reserves the right to request additional compensation, should construction extend beyond the 1-month duration to substantial completion. ASSUMPTIONS: ■ COUNTY will be responsible for all permit application fees and public notices, as required. ■ It is assumed an intermediate modification of the solid waste permit is required based on preliminary discussions with FDEP. ■ COUNTY will be responsible for publishing any permit related public notices required by FDEP in a timely manner and providing proof of publication for CONSULTANT to transmit to FDEP. ■ CONSULTANT reserves the right to seek additional compensation for work performed beyond the described in this Authorization. ■ It is assumed that no new geotechnical analyses are required. CONSULTANT will review historical geotechnical reports for the site. ■ CONSULTANT will review existing reports and design calculations for Phase II and 11113 to determine the maximum fill elevation and impacts to the leachate collection systems. Updated design calculations are not included in this Authorization. ■ COUNTY will provide input on fill sequencing. ■ COUNTY will only seek bids from the pre -qualified Contractors. No open bidding is anticipated. ■ No written project specifications will be prepared. All specifications are anticipated to be placed on the drawings. ■ Contractor will be responsible for reimbursing CONSULTANT for all overtime incurred by CONSULTANT for work performed outside normal working hours, which are defined as 8 hours per day, Monday through Friday, excluding holidays, between the hours of 7:00 am to 6:00 pm, in accordance with the Contract Documents. ■ CONSULTANT reserves the right to request additional compensation, should Final Completion of construction extend beyond the two months. PROJECT SCHEDULE It is anticipated that the work will take 7 months to complete, starting within two weeks of receipt of a formal notice to proceed (NTP), pending timely receipt of data and review of draft submittals. Table 1 below outlines the estimated milestone schedule. CONSULTANT will prepare an updated detailed schedule within the first 30 calendar days after NTP. Smith A-6 Page 175 of 438 Table 1: Project Milestone Schedule Description Date Task 1— Closure Cap Removal Evaluation and Drawings Preparation 10% Design 2 weeks from Start 60% Design 5 weeks from Start 90% Design 7 weeks from Start Issued for Bid* 15 weeks from Start Task 2 — Solid Waste Permit Modification Draft Permit Application 7 weeks from Start COUNTY Submit Comments 8 weeks from Start Final Permit Application 9 weeks from Start Task 3 — Bidding Services* 5 weeks from Issued for Bid Task 4 — Project and Quality Management Throughout project duration Tasks 5, 6, and 7 — Services During Construction 2 months from Contractor NTP *Project schedule will be dependent on permitting activities. Schedule will be adjusted accordingly. PAYMENT AND COMPENSATION Payments for the work performed under this Work Authorization as described herein shall be made based on the billing rates in the CONTRACT with a Not -to -Exceed fee of $97,945. CONSULTANT will submit monthly invoices for the work performed. Invoices for the services described shall be based on the Contract billing rates for labor incurred and per Exhibit B and Exhibit C. Hourly billing rates include routine reimbursable expenses (mileage, prints, postage, meals, etc.). For invoice purposes only, the value of each task is as shown on Table 2. Table 2: Task Value for Invoice Purposes Only Task and Description Estimated Value Task 1: Closure Cap Removal Evaluation and Drawings Preparation $30,790 Task 2: Solid Waste Permit Modification $25,080 Task 3: Bidding Services $5,185 Task 4: Project and Quality Management $9,890 Task 5: General Engineering Services During Construction $15,920 Task 6: Special Engineering Services During Construction $5,680 Task 7: Representative Services During Construction $5,400 Total Not -to -Exceed Amount = 1 $97,945 *The information provided in Table 1 is intended as an estimate of the budget distribution. CONSULTANT may shift budget between tasks to complete the identified scope of services. Smith A-7 Page 176 of 438 EXHIBIT B BALING AND RECYCLING FACILITY PHASE II REOPENING DESIGN, PERMITTING, BIDDING, AND SERVICES DURING CONSTRUCTION ESTIMATED LABOR HOUR REQUIREMENTS Task Sr. Officer Associate Sr. Prof. Prof. I Sr. Support Staff Support Project Admin Total Task 1: Closure Cap Removal Evaluation and Drawings Preparation 3 8 52 44 88 3 4 202 Task 2: Solid Waste Permit Modification 4 8 66 50 20 0 10 158 Task 3: Bidding Services 0 3 18 8 0 0 2 31 Task 4: Project and Quality Management 8 10 18 0 10 4 4 54 Task 5: General Engineering Services During Construction 6 8 36 20 20 2 4 96 Task 6: Special Engineering Services During Construction 0 0 16 0 20 0 0 36 Task 7: Representative Services During Construction 0 0 0 20 20 0 0 40 TOTAL 21 37 206 142 178 9 24 617 Smith jj3444_Exhibits A-B-C_revised Page 177 of 438 EXHIBIT C BUDGET PROJECT: Baling and Recycling Facility Phase II Reopening Design, Permitting, Bidding, and Services during Construction PROJECT DESCRIPTION: As Outlined in the Scope of Services, Exhibit A REFERENCE: Agreement between St. Lucie County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Senior Officer 21 $255 $5,355 Associate 37 $235 $8,695 Senior Professional 206 $180 $37,080 Professional) 142 $130 $18,460 Senior Support Services 178 $140 $24,920 Staff Support Services 9 $115 $1,035 Project Administration 24 $100 $2,400 TOTAL HOURS 617 TOTAL LABOR COST TOTAL NOT -TO -EXCEED AMOUNT Smith C-1 $97,945 $97,945 jj 2200_Attachments_A-B-C.doc Page 178 of 438 MIM AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works RES-2023-33 CONSENT AGENDA - PUBLIC WORKS DATE: 3/21/2023 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: Mura Municipal Services Benefit Unit (MSBU) Supplemental Resolution BACKGROUND: The Mura MSBU was created in July 2020, as a result of petitions submitted by property owners in favor of creating the MSBU to fund potable water and fire protection improvements to serve their homes. In September 2020, the Board levied non -ad valorem assessments on the parcels which would derive a direct benefit from the improvements and granted staff permission to proceed with the project. Construction of the potable water and fire protection improvements within the Mura MSBU is complete and all project cost are known. We are pleased to report that the final project cost is less than the preliminary cost estimate used to develop the assessment amounts. Therefore, property owners who prepaid their assessments in full will receive a partial refund and parcels which remain on the special assessment roll will receive a credit against their assessment. There are 75 parcels within the Mura MSBU with a total of 100.9 Equivalent Residential Connections ("ERCs") The assessments for five parcels were prepaid (assigned 15.2 ERCs) resulting in a refund of $29,556.77. The amount to be credited towards each of the ERCs which remain on the roll is $1,656.41; thereby, lowering the annual assessment amount from $684.03 to $469.07, beginning in November 2023. Refund and credit amounts include savings in overall project cost and interest as well as interest earned. The revised Final Assessment Roll will be provided to the Tax Collector electronically after approval of the attached supplemental resolution. PREVIOUS ACTION: July 7, 2020 - Board approved Resolution No. 2020-103, the Initial Assessment Resolution. September 1, 2020 - Board approved Resolution NO. 2020-200, the Final Assessment Resolution. FINANCIAL IMPACT: Funds will be made available in in the Mura account 39017-4115-595400- 38026, property owner refunds. Page 179 of 438 RECOMMENDATION: Staff recommends Board approval of the attached Mura MSBU Supplemental Resolution No. 2023-33 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: March 07, 2023 Patrick Dayan, Public Works Director Date: March 10, 2023 Daniel McIntyre, County Attorney Date: March 11, 2023 Mayte Santamaria, Deputy County Administrator Page 180 of 438 RESOLUTION NO. 2023-33 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE CONSTRUCTION AND FUNDING OF POTABLE WATER AND FIRE PROTECTION IMPROVEMENTS BENEFITTING REAL PROPERTY LOCATED WITHIN THE MURA MSBU; SUPPLEMENTING COUNTY RESOLUTION NOS. 2020-103 AND 2020-200; REDUCING THE AMOUNT OF THE SPECIAL ASSESSMENT IMPOSED AGAINST THE PARCELS COMPRISING THE MURA MSBU IN LIGHT OF LOWER THAN ESTIMATED CONSTRUCTION COSTS; AUTHORIZING PARTIAL REFUNDS FOR ASSESSMENTS WHICH WERE PREPAID IN FULL; APPROVING AND FINALIZING THE ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution of the St. Lucie County Board of County Commissioners (the 'Board") is adopted pursuant to the provisions of Article IV of Chapter 40 of the County Code of Ordinances (as successor to Chapter 1- 13.6 thereof) (the "Assessment Ordinance"), sections 125.66, 197.3632, and 197.3635, Florida Statutes, and other applicable provisions of law, and County Resolution Nos. 2020-103 and 2020-200 (collectively, the "Initial Resolutions"). SECTION 2. DEFINITIONS. All capitalized terms in this Resolution shall have the meanings defined in the Assessment Ordinance and the Initial Resolutions. 1 Page 181 of 438 SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The Initial Resolutions described the potable water and fire protection improvements comprising the Project, provided for the funding thereof through Assessments and the method of assessing the cost of such improvements against the real property located within the Mura MSBU benefited by the Project, and approved the preliminary Assessment Roll. (B) The amount of the Assessments imposed against Assessed Property was based on construction cost estimates developed at the time the Initial Resolutions were adopted. (C) Construction of the Project is now complete and the actual costs associated with the Project are known. The final cost of the Project is less than the preliminary estimates used to develop the Assessments and Assessment Roll. (D) Section 5(D) of Resolution No. 2020-200 provides that the Assessment imposed against each Parcel may be reduced upon completion of the Project based upon lower than expected construction costs, and that such reduction shall be established by supplemental resolution of the Board. (E) This Resolution is adopted for purposes of reducing the Assessment imposed against the Parcels comprising the Mura MSBU to reflect the actual cost of the Project, approving and finalizing the Assessment Roll for the Project, and authorizing a 2 Page 182 of 438 partial refund for the owners of Assessed Property who prepaid the Assessment based on the higher cost estimate. SECTION 4. ASSESSMENT REDUCTION. In light of the lower than estimated construction costs for the Project and related interest savings, the Board hereby determines as follows: (A) The total amount of the Assessment imposed against each ERC included on the Assessment Roll shall be reduced by $1,656.41, such that the annual installment of the Assessment collected from each ERC shall be reduced from $684.03 to $469.07 beginning with the installment to be collected in November, 2023 and thereafter for the remainder of the Assessment term. (B) Fifteen point two (15.2) of the ERCs (five parcels) were prepaid in full by the owners of Assessed Property, as authorized by Section 7 of Resolution No. 2020-200. The Assessment Coordinator is authorized to process a partial refund for the prepaid ERCs in the amount ranging from $2,062.57 — 4,411.89. Such partial refund shall be paid to the current owner of the Assessed Property for which prepayment was made. SECTION 6. APPROVAL OF ASSESSMENT ROLL. (A) The Assessment Roll has been updated to reflect the reduced Assessments as provided for herein and is now finalized. The updated Assessment Roll, a copy of which is on file in the office of the County Engineer and incorporated herein by reference, is hereby approved. The Assessment Coordinator is authorized and directed 3 Page 183 of 438 to certify the updated Assessment Roll to the Tax Collector for collection pursuant to the Uniform Assessment Collection Act, and to take such actions as may be necessary or desirable in furtherance thereof. (B) The updated Assessment Roll shall be retained by the Assessment Coordinator and shall be available for public inspection. SECTION 7. RATIFICATION AND CONFIRMATION OF INITIAL RESOLUTION AND PRIOR ACTIONS. (A) As supplemented herein, the Initial Resolutions are hereby ratified and confirmed. (B) Any and all prior actions of the Board and County staff associated with the imposition of Assessments to fund the Project are hereby approved, ratified and confirmed in their entirety. [Remainder of Page Intentionally Left Blank] 4 Page 184 of 438 SECTION 8. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. follows: AFTER MOTION AND SECOND, the vote on this Resolution was as Chair Cathy Townsend Vice Chair Linda Bartz Commissioner Chris Dzadovsky Commissioner Larry Leet Commissioner Jamie Fowler PASSED AND DULY ADOPTED this 21st day of March, 2023. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 5 Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 185 of 438 lM AGENDA REQUEST TO: Board of County Commissioners 2023-58715 CONSENT AGENDA - PUBLIC WORKS DATE: 3/21/2023 *ACTION ITEM - BID AWARD QUASI-JUDICIAL ITEM? No PRESENTED BY: James Lappert, Water Quality Division Director SUBMITTED BY: Public Works SUBJECT: Approval of Bid Award No. 23-011 Melville Road Phase I — Construction of Driveways - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX BACKGROUND: The purpose of this bid is for the construction of driveway aprons along Melville Road. These driveways are part of the first phase in a series of planned water quality infrastructure projects for the Melville Road Drainage Area. Bowman Consulting Group completed the design of the project in 2019. The Sales Tax referendum will provide the construction funding. The Melville Road drainage area comprises an approximately 175-acre residential neighborhood in White City that drains to the North Fork of the St. Lucie River. The drainage area is bounded by West Midway Road, U.S. Route 1, Ulrich Road and Oleander Avenue. The roads within this area are milled, chip sealed or paved and have limited drainage conveyances and no detention ponds for water quality treatment or flood attenuation. A portion of the study area along Melville Road has no positive drainage outfalls and often floods during heavy rains. Water quality in this area is poor and contains debris, sediment and contaminants such as oil, grease, nutrients and pesticides which are deposited into the receiving water bodies. The first phase of the Melville Road project involves creating a 9.1-acre stormwater treatment area that will provide water quality treatment for the eastern 106 acres of the residential neighborhood as well as habitat for wildlife. The pond site is bounded by the North St. Lucie River Water Control District Canal 19 to the North, and Melville Road to the West. It is North of Russ Road and West of US-1. On February 8, 2023, submittals were received for bid No. 23-011 Melville Road Phase I — Construction of Driveways. 3 (three) bids were received after 453 companies were notified, and 42 documents were distributed. The lowest responsive, responsible bidder was A Thomas Const Inc. with a base bid in the amount of $82,990. The construction budget will be established as follows: Base Bid: $82,990.00 10% Contingency $8,299.00 Total Construction Budget $91,289.00 PREVIOUS ACTION: Page 186 of 438 June 17, 2014 — The Board approved Work Authorization No. 02 (09-10-666) with Bowman Consulting Group Ltd Inc. for a stormwater assessment for the Melville Road Neighborhood. June 7, 2017 —The Board approved acquisition of the pond parcel. Parcel ID 3410-211-001-000-3. March 20, 2018 —The Board approved Work Authorization No. 01 (C14-11-654) with Bowman Consulting Group Ltd Inc. for the final engineering design of the Melville Road Phase I project. May 19, 2020 — The Board approved grant agreement NS054 (C20-05-392) with the Florida Department of Environmental Projection as a no -match required grant in the amount of $1,000,000. February 23, 2021 - The Board approved Contract C21-02-172 with PRP Construction Group for the construction of the pond at the Melville Road site. January 11, 2022 —The Board approved Contract C22-01-030 with Hinterland Group, Inc. for the precast concrete structures to be made and delivered to Melville Road. October 10, 2022 — The Board Accepted Contract C21-02-172 with PRP Construction Group for the construction of the pond at the Melville Road site. FINANCIAL IMPACT: Funds are available in 319-3725-563000-193600 (Infrastructure Surtax Capital / Melville Rd Stormwater) RECOMMENDATION: Staff recommends Board approval to award Bid No. 23-011 Melville Road Phase I — Construction of Driveways to the lowest responsive and responsible bidder, A Thomas Const Inc., in the amount of $91,289.00, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Sienatures Date: March 07, 2023 James Lappert, Water Quality Division Director 1 Date: March 07, 2023 Page 187 of 438 Patrick Dayan, Public Works Director Date: March 09, 2023 Jennifer Hill, Office of Management & Budget Director Date: March 10, 2023 Daniel McIntyre, County Attorney 44(61-� Date: March 11, 2023 Mayte Santamaria, Deputy County Administrator Page 188 of 438 Public Works Department Agenda Item Summary BOARD OF COUNTY COMMISSIONERS A6 Agenda Date: Tuesday, 9:00 AM March 21,2023 Division: Water Quality Consultant/Contractor: A Thomas Const Inc. Proiect Location(s): The Project is located along Melville Road bounded to the south by Ulrich Road and bounded to the North by Gopher Hill Road Funding Source: 319 — Sales Tax Commissioner District: District 4 Project Manager: Name: Brandon Friedman Tel #: (772) 461-1812 Email: friedmanb@stlucieco.org Mail: 3071 Oleander Ave, Fort Pierce 34982 f-- --------- � 1 %TA MWNII C W NT�Y F L O R I D A Melville Road Phase I — Construction of Driveways Award Bid THIS IS A SALES TAX FUNDED PROJECT Proiect Description I Background (con't) Construction of 14 driveways of various sizes within the Melville Road Phase I project area. Background The purpose of this bid is for the construction of driveway aprons along Melville Road. These driveways are part of the first phase in a series of planned water quality infrastructure projects for the Melville Road Drainage Area. Bowman Consulting Group completed the design of the project. Melville Road has no positive drainage outfalls and often floods during heavy rains. Water quality from this area is poor and contains debris, sediment and contaminants such as oil, grease, nutrients and pesticides which are deposited into receiving water bodies. The first phase of Melville Road involves creating a 9.1-acre stormwater treatment area that will provide water quality improvements for the eastern 106 acres of the residential neighborhood. As part of this phase the road will be repaved, and new driveway aprons will be constructed for residents along Melville Rd. These driveways are a key part to that drainage system. Staff Recommendation Staff recommends Board approval to award Bid No. 23-011 Melville Road Phase I — Construction of Driveways to the lowest responsive and responsible bidder, A Thomas Const Inc. in the amount of $91,289.00, and authorization for the Chair to sign documents as approved by the County Attorney. Page 189 of 438 BOARDOF , PURCHASING COUNTY DEPARTMENT COMMISSIONERS TABULATION SHEET BID No. 23-011 Melville Road Phase I —Construction of Driveways OPENED: February 9. 2073 at 3:00 PM A. Thomas Construction Centroid DWersf lod'-�C 1 Heavy Civil, Inc. Item Description Fort Pierce, FL Port St, Lucie, FL Pompano Beach, FL Total Estimated Amount $82,990.00 $84,203.00 $97,720,00 ID% Construction Contingency $8,299.00 $84.20.30 $9,772.00 otal Estimated Amount $91,289.00 $92,623.30 $107,492.00 Number of companies notified': 453 Number of bid documents distributed: 42 Number of bids recefved: 3 Page 190 of 438 AGENDA REQUEST TO: Board of County Commissioners 2023-58717 CONSENT AGENDA - PUBLIC WORKS DATE: 3/21/2023 *ACTION ITEM - WORK AUTHORIZATION QUASI-JUDICIAL ITEM? No PRESENTED BY: Daniel Zrallack, County Engineer SUBMITTED BY: Public Works SUBJECT: Approval of Work Authorization with Kimley-Horn and Associates, Inc. for the Design of Old Dixie Highway Intersection Signalization Design Project - In response to Brightline's high-speed rail operations the County's rail safety expert consultant recommended signalization to mitigate train -vehicle interaction at seven (7) intersections along Old Dixie Highway near the Town of St. Lucie Village. BACKGROUND: Brightline has constructed the second railway throughout the County after years of negotiations and permitting. The close proximity of the railroad tracks to Old Dixie Highway in the St. Lucie Village area has created safety concerns due to the limited space for vehicular traffic between Old Dixie Highway and the railroad crossing. To improve safety at the roadway crossings, the County seeks to design and install traffic light signalization at seven of these roadway intersections. The signals will be integrated into the preemption timing of the railway system to ensure that each intersection has the appropriate timing for oncoming trains. These signalized intersections will be at the intersection of Old Dixie Highway and the following roadways: • Chamberlin Boulevard • Michigan Street • Milton Road • Rouse Road • St. Lucie Lane • Torpey Road • Wilcox Road Kimley-Horn and Associates, Inc. was selected from the Continuing Services Contract list and has submitted a proposal for the design of this project. This proposal includes all services required during design and post - construction. The total proposed amount for these services is $575,180.00. PREVIOUS ACTION_ Page 191 of 438 N/A FINANCIAL IMPACT: Funding available in account #001009-4115-563000-224616 (Gen Fund One Time Funding / Railyd Traffic Signal Old Dixie Hwy) RECOMMENDATION: Staff recommends Board approval of the work authorization and proposal submitted by Kimley-Horn and Associates, Inc. in the amount of $575,180.00 for the design of the Old Dixie Highway Intersection Improvements Project and authorize the Chair to sign documents approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures C---_ Date: March 06, 2023 Daniel Zrallack, County Engineer 1 Date: March 07, 2023 Patrick Dayan, Public Works Director Date: March 09, 2023 Jennifer Hill, Office of Management & Budget Director Date: March 10, 2023 Daniel McIntyre, County Attorney Date: March 11, 2023 Mayte Santamaria, Deputy County Administrator Page 192 of 438 Public Works Department Agenda Item Summary BOARD OF COUNTY COMMISSIONERS ST. Luall L O R I D A -� Agenda Date: a March 2 Old Dixie Highway Intersection Improvements Design Services Tuesday, 9:00 A.M. Division: Engineering Division Consultant/Contractor: Kimley-Horn Associates, Inc. Proiect Location(s): Old Dixie Highway Funding Source: Account #001009-4115- �.. 563000-224616 r. Commissioner District:} District 5 fir. Proiect Manager: Name: Pete DePasq uale Proiect Description Background (con't) Tel #: (772) 462-2742 Email: To alleviate safety concerns associated • Chamberlin Boulevard depasqualep@stlucieco.org with the Brightline's proximity to Old • Michigan Street Dixie Highway in St. Lucie Village, the • Milton Road Mail: County seeks to install seven signalized . Rouse Road 2300 Virginia Ave. Rm 229 intersections that will be connected to . St. Lucie Lane Fort Pierce, Florida 34982 the railroad's preemption timing. . Torpey Road Background • Wilcox Road Brightline has constructed the second Kimley-Horn and Associates, Inc. was railway throughout the County after selected from the Continuing Services years of negotiations and permitting. Contract list and has submitted a proposal for The close proximity of the railroad the design of this project. This proposal tracks to Old Dixie Highway in the St. includes all services required during design 1 Lucie Village area has created safety and post -construction. The total contract � , , concerns due to the limited space for amount for these services is $575,180.00. •• - ••.•• � •••^• between ffi vehicular c hicular traffic betOld Dixie Notice Requirements - Highway and the railroad crossing. To improve safety at the roadway crossings, N/A the County seeks to design and install Staff Recommendation traffic light signalization at seven of these roadway intersections. The signals Staff recommends Board approval of the will be integrated into the preemption proposal submitted by Kimley-Horn and timing of the railway system to ensure Associates, Inc. in the amount of $575,180.00 that each intersection has the appropriate for the design of the Old Dixie Highway timing for oncoming trains. These Intersection Improvements Project and signalized intersections will be at the authorize the Chair to sign documents intersection of Old Dixie Highway and approved by the County Attorney. the following roadways: Page 193 of 438 Kimley»>Horn January 9, 2023 Pete DePasquale St. Lucie County Engineering Division 2300 Virginia Avenue, 2nd Floor Annex, Rm 229 Fort Pierce, FL 34982 772-462-2742 W RE: Old Dixie Highway Railroad Preemption Signals — Multiple Locations SLC Contract No. C17-10-879 Dear Mr. DePasquale: We are pleased to submit to you this proposal for scope of services associated with providing the County with roadway design services. Please find attached the project scope of services, workplan estimate and fees based upon our project understanding. We appreciate this opportunity to work with St. Lucie County and look forward to participating in this project. Should you have any questions, please feel free to contact me at 772-794-4083. Sincerely, KIMLE—Y -HORN AND ASSOCIATES, INC. BHBfA. od, P.E. Senior ice President Page 1 of 9 Page 194 of 438 Kimley»)Horn EXHIBIT A SECTION I - PROJECT DESCRIPTION AND SCOPE The County desires to design and permit seven (7) near railroad grade crossing preemption signals along Old Dixie Highway. The contemplated preemption signals will be developed at the following intersections with Old Dixie Highway: • St. Lucie Lane • Rouse Road • Chamberlin Boulevard • Michigan Street • Milton Road • Wilcox Road • Torpey Road All seven (7) signalization locations are located in close proximity to existing Florida East Coast (FEC) railroad grade crossings and as such the signal improvements are anticipated to be interconnected with the railroad signal equipment. SECTION II - COUNTY OBLIGATIONS The County agrees to provide (in a timely manner) the following material, data, or services as required in connection with the work to be performed under this Agreement; all of which information the Consultant may use and reasonably rely upon: • Provide the Consultant all available drawings, documents and other documents in the possession of the County pertinent to the project. SECTION III - SCOPE OF SERVICES Task 1 — Topographic Design Survey: The Consultant shall provide topographic design survey services necessary to support and facilitate contemplated design and permitting activities associated with this project. This task will consist of the preparation of digital base map topographic surveys in accordance with the Florida Minimum Technical Standards set forth by the Florida Board of Professional Surveyors in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. The survey will include: 1. Establishment of a project wide Horizontal Control Network within the PROJECT LIMITS. Page 2 of 9 Page 195 of 438 Kimley»)Horn 2. Establishment of a project wide Vertical Control Network within the PROJECT LIMITS. All elevations will be referenced to NAVD 1988 datum. 3. Project LIMITS are 100' north and south of the subject intersections along Old Dixie Highway, 50' east of the eastern railroad right-of-way, and 15' beyond all existing rights -of -way. 4. Supplemental spot elevations and collected in sufficient detail to locate improvements. Task 2 — Geotechnical Investigation: topographic feature information will be , design and construct the contemplated The Consultant will conduct subsurface soil exploration and geotechnical engineering evaluation for the subject project. The project includes the design of signalization improvements at various intersections with Old Dixie Highway as provided below: • St. Lucie Lane • Rouse Road • Chamberlin Boulevard • Michigan Street • Milton Road • Wilcox Road • Torpey Road The purpose of the services will be to provide soil parameters to be used for the design of the contemplated signalization improvements. We will include estimates of the angle of internal friction, the effective soil unit weight, cohesion, and lateral subgrade reaction modulus. The following summarizes the scope of work we recommend and the associated fees for conducting the subject exploration. FIELD EXPLORATION The proposed field program will include drilling a total of fourteen Standard Penetration Test (SPT) borings to a depth of 35 feet (two SPT borings in each intersection) using a procedure similar to the Standard Penetration Test outlined in ASTM D-1586. The SPT borings will be drilled at the two corners of the intersection in accessible locations as close as possible to the proposed pole locations. The SPT borings will be sampled at 18-inch or 24-inch intervals to 10 feet deep and at 5-foot intervals below 10 feet. Each sample will be removed from the sampler in the field and then examined and visually classified by our crew chief. Representative portions will be sealed and packaged for transportation to our laboratory for further analysis as required. Water level observations will be made in the boreholes during the drilling operation. Page 3of9 Page 196 of 438 Kimley»)Horn LABORATORY TESTING Routine laboratory visual classification will be performed along with specific classification tests deemed necessary (i.e., sieve analysis, Atterberg limits and organic contents). All laboratory tests will be performed in general accordance with applicable ASTM standards. ENGINEERING ANALYSIS AND REPORT Engineering analysis of all data obtained will be made to evaluate general subsurface conditions, and to provide the soil parameters listed above for structural verification of the standard FDOT pole design. Our recommendations, together with data developed during the exploration, will be submitted in a written report upon conclusion of the study. Task 3 — Construction Document Develoament: The County desires to prepare preemption traffic signalization plans associated with above identified locations along Old Dixie Highway. It is understood that the proposed signalization improvements will consist of either mast -arm or strain pole traffic signal assemblies at the subject intersections which will be designed to meet current County and FDOT standards. The plans will include the design and layout of proposed signal poles, signal heads, video detection, conduit, and pull boxes. The plans will include all call outs, controller timing chart, signal head details, sign details, controller notes, signal operating plan, overhead street name sign design details, pole schedules, tabulation of quantities. The set of plans will include the following sheets: key sheet; tabulation of quantities; general notes; plan sheet; sign work sheets (if necessary) and signalization pole data tables. Page 4 of 9 Page 197 of 438 Kimley»)Horn The set of plans shall consist of the following: 30% 60% 90% 100% Cover Sheet P S S F General Notes/ Legend P S S F Tabulation of Quantities/ General P S S F Signing & Pavement Marking Plans P S S F Signalization and Pay Item Notes P S S F Signalization Plans P S S F Pole Tabulation P P S F Pole Data Table P P S F Si n Details P P S F Construction Cost Estimate and Quantities P S S F Notes: (P)-Preliminary, (S)-Substantially Complete, (F)-Final The final design plans will be prepared in accordance with the St. Lucie County and Florida Department of Transportation (FDOT) standards to provide all elements necessary to accommodate the scope of work. This effort will include at a minimum; Key Sheet, General Notes Sheet, Plan Sheets, Erosion Control Sheets, Signalization Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal PI's shall be included on the Plan or summarized in an alignment table. 3. Signing and Pavement Markings will be included within the Construction Documents. All signing and pavement markings are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and County standards. 4. Plans shall include spot grades adequate to describe any proposed Page 5of9 Page 198 of 438 Kimley»)Horn grading. 5. Match lines shall not be located within the limits of an intersection. 6. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. 7. All quantities shall reference FDOT Pay Item Numbers. 8. All details shall reference FDOT Index Numbers, where applicable. 9. All specifications shall reference the FDOT Specifications for Road and Bridge Construction. Any deviations or special specifications not included in FDOT Specifications will be provided in the Technical Specifications. 10. Initial (30% completion), preliminary (60% completion), interim (90% completion) and Final Plan (100% completion) Submittal shall include the following: i. One (1) set of drawings in PDF format. ii. One (1) Opinion of Probable Construction Cost The Consultant will be responsible for producing an opinion of probable cost (OPC) estimate and reviewing and updating the OPC when scope changes occur and/or at designated milestones of the project. A Summary of Pay Items sheet shall be prepared with all required Initial (30%), preliminary (60%), Interim (90%) and Final Plan (100%) submittals. The Final Plans will be provided signed and sealed. The plans will be prepared based upon English units. The design will be conducted in MicroStation and Geopak. The Final Plans will be provided in Autodesk Civil 3D format. Signing and Pavement Marking Plans: Signing and Pavement Marking plans shall include: Preparation of the plan layout, key map, quantities (including signing and pavement marking quantity), tabulation of quantities, and detail of major signs. Plans are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design and drawn at the same scale as the Roadway Plans, furnished in reproducible form. Page 6 of 9 Page 199 of 438 Kimley»)Horn Task 4 - Franchise Utilitv Coordination: The Consultant will coordinate with franchise utility operators in the vicinity of the project locations such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. Franchise utility adjustments, designed by the respective franchise utility, will be requested by the Consultant and reflected within the prepared construction documents. The Consultant will coordinate with the electrical service provider relative to the location and infrastructure required to accommodate the proposed power supply location required to support the signalization improvements. Task 5 — FEC Railroad Perm ittina/Coordination: The Consultant will prepare seven (7) FEC Railway applications for highway crossing over/under properties and tracks to support the proposed signalization safety improvements. Based upon recent past permitting experience with the FEC Railway, it is estimated that the railway will require payment of $15,000 per crossing to address application and preliminary engineering review. This direct cost permitting expense has been included within this work authorization. Page 7of9 Page 200 of 438 Kimley»)Horn EXHIBIT B COMPENSATION The County agrees to pay and the Consultant agrees to accept for services rendered pursuant to fees in accordance with the Professional Engineering Services contract and the following: A. Professional Services Fee: The basic compensation mutually agreed upon by the Consultant and the County follows: Hourly Not to Exceed Tasks Task Description Fee Task 1 — Topographic Design Survey $ 35,700 Task 2 — Geotechnical Investigation $ 27,800 Task 3 — Construction Document Development $ 303,265 Task 4 — Franchise Utility Coordination $ 27,750 Task 5 — FEC Railroad Permitting/Coordination $ 180,665 Page 8 of 9 Total Project Cost $ 575,180 Page 201 of 438 Kimley»)Horn EXHIBIT C SCHEDULE Upon authorization to proceed by the County, these services are anticipated to take approximately twelve (12) months from the Notice to Proceed (NTP). NTP 40% Plan Submittal 80% Plan Submittal 100% Plan Submittal All work will be completed no later than June 1, 2024. Page 9 of 9 contingent upon BOCC approval 6 months followina NTP 9 months following NTP 12 months followina NTP Page 202 of 438 Summary Project Name SLC Preemption Signals - Old Dixie Highway, Multiple Locations Task Summary Manhours for project Task Senior Project Senior Engineering Engineering Support Remarks Principal Manager Engineer Technician II Technician I Staff $305 $265 $230 $145 $125 $70 Design Analysis/ Review 6 62 76 16 0 20 Construction Documents 16 76 412 384 680 0 Permitting/Coordination 8 132 140 120 140 32 Total Hours = 30 270 628 520 820 52 Labor Fee= $9,150 $71,550 $144,440 $75,400 $102,500 $3,640 Sub -total Fee = $406,680 Topographic Survey = $35,700 (Subconsultant, 7 intersections) Geotechnical Investigation = $27,800 (Subconsultant, 7 intersections) FEC Application Expense = $105,000 (est. $15k per crossing) Total Fee = $575,180 Rates based upon General Services Contract RFP No. 22-065 SLC Preemption Signals - Workplan (Rev) - Copy.xls Page 1 Page 203 of 438 Design Analysis Activity: Design Analysis/ Review Task Senior Project Senior Engineering Support Remarks Principal Manager Engineer Technician II Staff Contract File 4 4 Cost Estimate 4 16 16 Cost est. conducted at 60%, 90% and Final Coordination Surveyor 5 10 4 Geotech 5 10 4 County 20 20 8 Field Review 20 20 QC/QA 6 Project Management 4 Subtotal 6 62 76 16 20 Page 2 Page 204 of 438 Construction Documents Activity: Construction Documents Task Senior Project Senior Engineering Engineering Support Remarks Principal Manager Engineer Technician II Technician I Staff Cover Sheet 4 4 General Notes Sheet 4 Summary of Pay Items Sheet 4 8 16 Signalization Design Plan Sheets St. Lucie Lane 8 60 60 100 includes S&M plan, strain pole structural calcs Chamberlin Boulevard 8 60 60 100 includes S&M plan, strain pole structural calcs Milton Road 8 60 60 100 includes S&M plan, strain pole structural calcs Torpey Road 8 60 60 100 includes S&M plan, strain pole structural calcs Michigan Street 8 60 60 100 includes S&M plan, strain pole structural calcs Wilcox Road 8 60 60 100 includes S&M plan, strain pole structural calcs FEC HDD Detail 20 40 80 20 hrs per intersection QC/QA 16 Project Management 4 Subtotal 16 76 412 384 680 0 Notes: Plan Sheets include signalization plan, signing & marking plan, misc. roadway improvements and erosion control plans. Page 3 Page 205 of 438 Coordination Activity: Permitting/Coordination Task Senior Principal Project Manager Senior Engineer Engineering Technician II Engineering Technician I Support Remarks Staff FEC Railroad 120 120 80 80 16 Franchise Utility Coordination 8 20 40 60 16 QC/QA 8 Project Management 1 4 Subtotal 8 132 140 120 140 32 Page 4 Page 206 of 438 June 13, 2022 Via e-mail: Brian.Good@kmberly-horn.com Brian Good P.E. Senior Project Manager Kimberly Horn 445 24t" Street, Suite 200 Vero Beach, FL. 32960 (772) 794-4083 CIVILSU V A Tradition of Innovative Engineering RE: Dixie Highway Railroad Crossings (7), Fort Pierce, Florida Thank you very much for your request. In accordance with your request CivilSury Design Group, Inc. is pleased to propose to provide a Limited Topographic Survey for the seven Railroad crossings North of Fort Pierce. The limits of each crossing are 100' North and South of the intersections and 50' East of the Right -of - Way. The survey shall also extend 10' beyond the existing Right -of -Way West and 15' East. The Topographic Survey shall adhere to the Minimum Technical Standards as set forth by the Board of Surveyors and Mappers pursuant to Rule 5J-17 of the Florida Administrative Code. The Topographic Survey shall depict the following: Horizontal datum shall be based on the East Zone of the Florida State Plane Coordinate System. 1) Set three (5) vertical and horizontal control points for future construction. Vertical datum will be dependent on nearest vertical control to project. 2) Locate all above ground improvements within the Right -of -Way and extending 10' outside of the Right -of -Way. 3) Depict adjacent parcels and Right -of -Ways 4) Create a Survey Baseline. 5) Cross Sections will be obtained at 100' intervals with intermediate highs and lows. 6) Locate all Storm Sewer structures within the drainage area (approximately and depict Rim and Invert elevations. 7) If possible, depict storm sewer size and type of pipe. The Lump sum fee for Topographic Surveys is $5,100.00 per site. Additional Services if needed will be based at hourly rates not to exceed $5,000.00 Deliverables will include two (2) original signed and sealed drawings of the Topographic Survey as well as a PDF file. Please feel free to contact me anytime if you have any questions. I anticipate this project to take four weeks to complete. Sincerely, Accepted: CivilSury Design Group, Inc. "Scstt Worack Name: Director of Surveying and Mapping Date: E-mail: sworack@civilsurv.com www.CivilSLirv.com Small Business Enterprise 2525 Drane Field Road I Suite 7 I Lakeland, Florida 33811 J& p. 863-646-4771 1 f. 863-646-3378 1 toll free 866-397-4771 Page 207 of 438 — - Ardaman & Associates, Inc. Geotechnical, Environmental and Materials Consultants Kimley-Horn 445 2411 Street, Suite 200 Vero Beach, Florida 32960 Attention: Mr. Brian Good, P.E. June 28, 2022 Ardaman Proposal No. 22-P-5241 Subject: Proposal for Subsurface Soil Exploration and Geotechnical Engineering Evaluation Proposed Mast Arm Signal Poles Various Intersections with Old Dixie Highway Fort Pierce, Florida Dear Mr. Good, As requested, we are pleased to present the following proposal for conducting a subsurface soil exploration and geotechnical engineering evaluation for the subject project. We understand that the project includes the design of mast arm signal poles or strain poles at various intersections with Old Dixie Highway as provided below in Fort Pierce, Florida. 1. St. Lucie Lane 2. Chamberlin Boulevard 3. Milton Road 4. Torpey Road 5. Rouse Road 6. Michigan Street 7. Wilcox Road The purpose of our services will be to provide soil parameters to be used by others for the design of the drilled shaft foundations. We will include estimates of the angle of internal friction, the effective soil unit weight, cohesion, and lateral subgrade reaction modulus. The following summarizes the scope of work we recommend and the associated fees for conducting the subject exploration. FIELD EXPLORATION The proposed field program will include drilling a total of fourteen Standard Penetration Test (SPT) borings to a depth of 35 feet (two SPT borings in each intersection) using a procedure similar to the Standard Penetration Test outlined in ASTM D-1586. The SPT borings will be drilled at the two corners of the intersection in accessible locations as close as possible to the proposed mast arm foundations. The SPT borings will be sampled at 18-inch or 24-inch intervals to 10 feet deep and at 5-foot intervals below 10 feet. Each sample will be removed from the sampler in the field and then examined and visually classified by our crew chief. Representative portions will be sealed and packaged for transportation to our laboratory for further analysis as required. Water level observations will be made in the boreholes during the drilling operation. For the purposes of this proposal, we have estimated 4-days of maintenance -of -traffic (MOT) will be required to perform the soil borings. 460 NW Concourse Place, Unit 1, Port St. Lucie, Florida 34986 Phone (772) 878-0072 Fax (772) 878.0097 Florida: Bartow, Cocoa, Fort Myers, Miami, Orlando, Port St. Lucie, Sarasota, Tallahassee, Tampa, West Palm Beach Louisiana: Baton Rouge, New Orleans, Shreveport Page 208 of 438 Proposed Mast Arms Along Old Dixie Highway, Fort Pierce - 2 - Ardaman Proposal No. 22-P-5241 LABORATORY TESTING Routine laboratory visual classification will be performed along with specific classification tests deemed necessary (i.e., sieve analysis, Atterberg limits and organic contents). All laboratory tests will be performed in general accordance with applicable ASTM standards. ENGINEERING ANALYSIS AND REPORT Engineering analysis of all data obtained will be made to evaluate general subsurface conditions, and to provide the soil parameters listed above for structural verification of the standard FDOT mast arm or strain poles design. Our recommendations, together with data developed during the exploration, will be submitted in a written report upon conclusion of the study. COST ESTIMATE The costs associated with the aforementioned tasks will not exceed $27,800.00 without prior authorization from the client. CLOSURE This proposal is subject to the following conditions: (1) access to boring locations is to be readily available to our drilling equipment, (2) the provided scope of work will be adequate, (3) 4 days of Maintenance -of -Traffic (MOT) will be adequate, and (4) Ardaman & Associates, Inc. will coordinate the location of underground utility lines through SSOCOF. We cannot take responsibility for damages to private underground lines or structures and/or underground services which do not subscribe to SSOCOF; their locations should be provided by the client prior to commencement of the field work. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please issue the Purchase Order that will be assigned to this project or complete and return the attached Proposal/Project Acceptance and Agreement form as an indication of your acceptance of our proposal terms and authorization to proceed with the work. Please do not hesitate to contact our office should you have any questions concerning this proposal or whenever we may be of assistance to you. Sincerely, ARDAMAN & ASSOCIATES, INC. Sharmila Pant, E.I. Assistant Project Engineer son P Manning,`P.E. Branch Manager Page 209 of 438 Ardaman & Associates, Inc. PROPOSAL/PROJECT ACCEPTANCE AND AGREEMENT PROJECT INFORMATION: Project Name Proposed Mast Arm Signal Poles Project Location Various Intersections, Old Dixie Highway, Fort Pierce, Florida Proposal Number and Date 22-P-5241 dated June 28, 2022 Description of Services Subsurface Exploration Estimated Fee $27,800.00 PROPERTY OWNER IDENTIFICATION: Name Property Identification Number Address City/State Attention SPECIAL INSTRUCTIONS: PAYMENT TERMS: Zip Code Phone Title Payment shall be due within 30 days after date of each periodic invoice. Interest at the rate of 18% per annum (or the highest rate allowable by law) shall accrue on all amounts not paid within 30 days after date of invoice. All attorney fees and expenses associated with collection of past due invoices will be paid by Client. Failure to timely pay any invoice shall constitute a waiver of any and all claims arising from or related to Ardaman & Associates, Inc.'s ("A&A") services, including but not limited to the services described in this Proposal. PROPOSAL ACCEPTANCE: The Terms and Conditions of this Proposal, including the General Conditions appearing on the following pages of this Proposal, are incorporated herein by reference. No terms or conditions other than those contained herein, and no agreement or understanding, oral or written, purporting to modify these Terms and Conditions, whether contained in Client's purchase forms or construction documents or elsewhere, are binding on A&A unless signed by an authorized representative of A&A. In the event Client directs A&A to proceed with its Work prior to executing this Proposal Acceptance, such direction shall constitute deemed acceptance of this Proposal. Accepted this day of 2022 (Print or type individual, firm or corporate body name) (Signature of authorized representative) (Print or type name of authorized representative and title) Revision 2022 — FL Page 210 of 438 GENERAL CONDITIONS — FLORIDA Parties And Scope Of Work —A&A shall include said company and any subsidiary or affiliate performing the Work. "Work" means the specific services to be performed by A&A as set forth in A&A's proposal as well as any additional services requested or accepted by Client. "Client" refers to the person or business entity ordering the Work to be done by A&A. If the Client is ordering the Work on behalf of a third party or intends to provide A&A's Work to induce a third party's reliance, Client shall disclose the identity of such third party to A&A in writing before the commencement of A&A's Work hereunder. In the event Client fails to disclose the identity of such third party prior to commencement of A&A's Work, A&A will owe no legal duty to such third party unless the third party negotiates and obtains a written reliance letter from A&A. Client agrees that A&A's professional duties are specifically limited to the Work as set forth in A&A's proposal. The Client assumes sole responsibility for determining whether the quantity and the nature of the Work ordered by the Client is adequate and sufficient for the Client's intended purpose. A&A's Work is for the exclusive use of Client. In no event shall A&A owe any legal duty to any third party (including, but not limited to, assignees, successors in interest and subsequent purchasers) unless those third parties are disclosed by Client in accordance with this paragraph and those third parties accept these General Conditions. On -Call Services — In the event A&A is retained to perform construction materials testing ("CMT"), including but not limited to proctor and soil density tests, concrete tests, etc., on an On -Call basis such that A&A is not retained to perform continuous observations of construction, Client assumes sole responsibility for determining the type, location and frequency of sampling and testing. In such On -Call testing, A&A's test results are only representative of conditions at the test location and elevation, and different conditions may exist at other locations and other elevations. Furthermore, in the event Client fails to properly determine the location or frequency of sampling and testing, under no circumstances will A&A assume that duty by performing its CMT services. Right -of -Entry — Unless otherwise agreed, Client will fumish right -of -entry on the property for A&A to make the planned borings, surveys, and/or explorations. A&A will take reasonable precautions to minimize damage to the property caused by its equipment and sampling procedures, but the cost of restoration or damage which may result from the planned operations is not included in the contracted amount. Damage to Existing Man-made Objects — It shall be the responsibility of the Client to disclose the presence and accurate location of all hidden or obscure man-made objects relative to field tests, sampling, or boring locations. Client waives any claim against A&A arising from any damage to existing man-made objects. In addition, Client shall defend, indemnify and hold A&A harmless from any third party claim arising from damage to existing man-made objects. Limitation of Liability - A&A shall perform services for Client in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this obligation and A&A is promptly notified in writing prior to one year after completion of such portion of the services, A&A will re -perform such portion of the services, or if re - performance is impracticable, A&A will refund the amount of compensation paid to A&A for such portion of the services. In no event shall A&A be liable for any special, indirect, incidental, or consequential damages. The remedies set forth herein are exclusive and the total liability of A&A whether in contract, tort (including negligence whether sole or concurrent), or otherwise arising out of, connected with or resulting from any and all services provided by A&A, including but not limited to the Work, shall not exceed the total fees paid by Client or $50,000.00, whichever is less. PURSUANT TO §558.0035, FLORIDA STATUTES, A&A'S INDIVIDUAL EMPLOYEES AND/OR AGENTS MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THEIR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. Sampling or Testing Location — Unless specifically stated to the contrary, the unit fees included in this proposal do not include costs associated with professional land surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on our sketches are based on specific information furnished to us by others or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in the report. Sample Handling and Retention — Generally test samples or specimens are consumed and/or substantially altered during the conduct of tests and A&A, at its sole discretion, will dispose (subject to the following) of any remaining residue immediately upon completion of test unless required in writing by the Client to store or otherwise handle the samples. (a) NON HAZARDOUS SAMPLES: At Client's written request, A&A will maintain preservable test samples and specimens or the residue therefrom for thirty (30) days after submission of A&A's report to Client free of storage charges. After the initial 30 days and upon written request, A&A will retain test specimens or samples for a mutually acceptable storage charge and period of time. (b) HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES: In the event that samples contain substances or constituents hazardous or detrimental to human health, safety or the environment as defined by federal, state or local statutes, regulations, or ordinances ("Hazardous Substances" and "Hazardous Constituents", respectively), A&A will, after completion of testing and at Client's expense: (i) return such samples to Client; (ii) using a manifest signed by Client as generator, will have such samples transported to a location selected by Client for final disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of such samples. Client recognizes and agrees that A&A is acting as a bailee and at no time does A&A assume title of said waste. Discovery of Unanticipated Hazardous Materials — Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present. A&A and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. A&A and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for A&A to take immediate measures to protect health and safety. A&A agrees to notify Client as soon as practicable should unanticipated hazardous materials or suspected hazardous materials be encountered. Client encourages A&A to take any and all measures that, in A&A's professional opinion, are justified to preserve and protect the health and safety of A&A's personnel and the public. Client agrees to compensate A&A for the additional cost of working to protect employees' and the public's health and safety. In addition, Client waives any claim against A&A arising from A&A's discovery of unanticipated hazardous materials or suspected hazardous materials. Indemnification — Client agrees to defend, indemnify and save harmless A&A from all claims, including negligence claims, suits, losses, personal injuries, death and property liability resulting from the actions or inactions of Client, Client's contractors, representatives, agents and employees. Assignment — Client hereby agrees that this Agreement shall not be assignable by Client without A&A's written consent. Legal Jurisdiction — The parties agree that any litigation shall only be brought in a court of competent jurisdiction located in Orlando, Orange County, Florida. All causes of action, including but not limited to actions for indemnification and contribution, arising out of A&A's Work shall be deemed to have accrued and the applicable statutes of limitation, which are unaltered by this provision, shall commence to run not later than the date of issuance of A&A's final invoice for the Work. Each of the parties hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this agreement. Force Majeure - A&A shall not be held responsible for any delay or failure in performance caused by fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, acts of God, act or omission of subcontractors, carrier, clients or other similar causes beyond its control. Drafting and Severability — This Agreement has been drafted by all Parties hereto and shall not be construed against one Party or in favor of any other Party. In the event that any provision of this Agreement is held invalid, the remainder of this Agreement shall be fully enforceable. 3/22 Page 211 of 438 TO PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel Zrallack, County Engineer Public Works 2023-58718 CONSENT AGENDA - PUBLIC WORKS DATE: 3/21/2023 *ACTION ITEM - BID AWARD QUASI-JUDICIAL ITEM? No Approval to Award Bid No. 23-001 Prima Vista Boulevard Traffic Communications Conduit & Fiber project - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Through the Transportation Planning Organization (TPO), the County has received funds from the Florida Department of Transportation's (FDOT) Transportation Systems Management and Operations (TSM&O) Master Plan in the amount of $296,627.00. The project consists of the construction of (2) 2" HDPE conduits between Airoso Boulevard and Naranja Avenue (eastern intersection). Pull boxes shall be constructed in 500' increments with splice boxes at every signalized intersection (Airoso Boulevard, Floresta Drive and Naranja Avenue). On January 8, 2023, Bid No. 23-001 was advertised for bids for the construction of the (2) 2" HDPE conduits. On February 8, 2023 bids were opened and the lowest responsive and responsible bidder was Eastern Pipeline Construction, Inc. in the amount of $322,661.90. A proposal was received from Terracon for geotechnical and construction testing services in the amount of $5,581.00. A proposal was received from AECOM for construction, engineering, and inspection (CEI)services in the amount of $49,994.26. Total Construction Project Budget is established as follows: Construction Contract: $293,329.00 Construction Contingency (10%): $29,332.90 Geotechnical/Testing Services: $5,581.00 CEI: $49,994.26 Project Budget Total: $378,237.16 PREVIOUS ACTION: Page 212 of 438 October 4, 2022 — BOCC approval of the LAP Agreement. FINANCIAL IMPACT: Funds will be made available in account #319-4115-563000-44008 (Infrastructure Surtax Capital / Traffic Communication Conduit & Fiber). RECOMMENDATION: Staff recommends Board approval to award Bid No. 23-001 Prima Vista Boulevard Traffic Communications Conduit & Fiber project to Eastern Pipeline Construction, Inc. in the amount of $322,661.90, approval of total project budget in the amount of $378,237.16, and authorize the Chair to sign documents approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: March 06, 2023 Daniel Zrallack, County Engineer Date: March 07, 2023 Patrick Dayan, Public Works Director Date: March 09, 2023 Jennifer Hill, Office of Management & Budget Director Date: March 10, 2023 Daniel McIntyre, County Attorney ( I 4J'J_� Date: March 11, 2023 Page 213 of 438 Mayte Santamaria, Deputy County Administrator Page 214 of 438 Public Works Department Agenda Item Summary BOARD OF COUNTY COMMISSIONERS ST. UNI CQt,I M"rY F L O R I D A -••- Agenda Date: Prima Vista Boulevard Traffic Communications Conduit & Fiber Tuesday, 9:00 AM Bid Award March 21, 2023 THIS IS A SALES TAX FUNDED PROJECT Division: Engineering Division Consultant/Contractor: Consultant: Kimley Horn & rh-l�l: Associates (KHA)i Contractor: Eastern Pipeline Construction, Inc. Proiect Location(s): Prima Vista Boulevard from Airoso Boulevard to SE Naranja Avenue ,•, Funding Source: Sales Tax Commissioner District: District 3 Proiect Description Background (continue) The construction of (2) 2" HDPE conduits A proposal was received from Proiect Manager: between Airoso Boulevard and Naranja Terracon for geotechnical and Name: Edmund Bas, P.E. Avenue (eastern intersection). Pull boxes construction testing services in the Tel #: (772) 462-2184 shall be constructed in 500' increments amount of $5,581.00. Email: base@stlucieco.org Mail: 2300 Virginia Ave. Rm 229 with splice boxes at every signalized A proposal was received from Fort Pierce, Florida 34982 intersection (Airoso Boulevard, Floresta AECOM for construction, engineering Drive and Naranja Avenue). and inspection services (CEI) in the amount of $49,994.26. Background Through the Transportation Planning Total Construction Budget: Organization (TPO), the County has $378,237.16 received funds from the Florida Notice Requirements Department of Transportation's (FDOT) Transportation Systems Management and Operations Master Plan in the N/A Staff Recommendation t - y (TSM&O) �. amount of $296,627.00. Staff recommends Board approval to award Bid No. 23-001 Prima Vista . _ . On January 8, 2023, Bid No. 23-001 was Boulevard Traffic Communications _ advertised for bids for the construction of Conduit &Fiber project to Eastern the (2) 2" HDPE conduits. Pipeline Construction, Inc. in the On February 8, 2023, bids were opened amount of $322,661.90, and authorize " s and the lowest responsive and responsible the Chair to sign documents approved bidder was Eastern Pipeline Construction, by the County Attorney. Inc. in the amount of $322,661.90. Page 215 of 438 St Lucie County BOCC - Engineering Division Project: Prima Vista Boulevard Traffic Communications Conduits & Fiber Project No.: 22800 Bid No.: 23-001 Subject: BID TABULATIONS BID ITEM DESCRIPTION UNITS QTY JAMIE UNDERGROUND EASTERN PIPELINE Unit Price Total Price Unit Price Total Price 101-1A MOBILIZATION / DEMOBILIZATION LS 1 $10,000.00 $10,000.00 $20,000.00 $20,000.00 102-1A MAINTENANCE OF TRAFFIC LS 1 $15,000.00 $15,000.00 $15,000.00 $15,000.00 104-2A PREVENTION, CONTROL & ABATEMENT OF EROSION & WATER POLLUTION LS 1 $3,500.00 $3,500.00 $1,500.00 $1,500.00 108-1A 1CONSTRUCTION LAYOUT/RECORD DRAWINGS LS 1 $20,000.00 $20,000.00 $17,500.00 $17,500.00 110-4-10 REMOVAL OF EXISTING CONCRETE SY 16 $250.00 $4,000.00 $150.00 $2,400.00 522-1 CONCRETE SIDEWALK, (4") SY 16 $350.00 $5,600.00 $150.00 $2,400.00 570-1-2 PERFORMANCE TURF (SOD) ADJACENT SPECIES) SY 320 $6.00 $1,920.00 $6.00 $1,920.00 630-2-11 CONDUIT (F&I) (OPEN TRENCH) (2-2" PVC) LF 38 $20.00 $760.00 $50.00 $1,900.00 630-2-12 CONDUIT (F&I) (DIRECTIONAL BORE) (2-2" HDPE) LF 5,173 $29.00 $150,000.00 $33.00 $170,709.00 635-2-12 PULL BOX (F&I) (24"X36") EA 10 $2,500.00 $25,000.00 $3,200.00 $32,000.00 635-2-13 SPLICE BOX (F&I) (36"X48") EA 3 $7,500.00 $22,500.00 $6,000.00 $18,000.00 999-1A UTILITY COORDINATION LS 1 $7,500.00 $7,500.00 $10,000.00 $10,000.00 BASE BID TOTAL ESTIMATED AMOUNT (Based on Bid Unit Prices & Estimated Quantities) $265,780.00 $293,329.00 999-99A CONSTRUCTION CONTINGENCY ALLOWANCE (10% of Base Bid) $265578.00 $295332.90 TOTAL ESTIMATED AMOUNT (Based on Bid Unit Prices, Estimated Quantities, & 10% Contingency) $2925358.00 $3225661.90 Percentage Higher Than The Low Bid 10.37% Page 216 of 438 DocuSign Envelope ID: C2F1CB83-C3AA-4E59-8214-OD67C14604E9 FDOT Florida Department of Transportation RON DESANTIS 3400 West Commercial Boulevard JARED W. PERDUE, P.E. GOVERNOR Fort Lauderdale, FL 33309 SECRETARY 02/28/2023 1 9:58 AM EST Dan Zrallack, P.E., County Engineer, St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34985 Email to: zrallackd(@stlucieco.ore RE: Bid Concurrence for G21`33 FM# 448134-1-58-01 Port St. Lucie TSM&O Various Locations. Dear Mr. Zrallack: The Department is in receipt of the Agency's recommendation to award the above referenced project. The bid tabulation documents award to the lowest responsive, responsible bidder. The Agency was responsible for the pre -qualification criteria used for the prospective bidders, with the understanding that the evaluation was based on the contractor's ability to perform the work, experience, personnel, equipment, financial resources, and performance record. Based on the information provided, FDOT concurs with the Agency's selection of Eastern Pipeline Construction, Inc., with a total base bid amount of $322,661.90 The low bidder is not suspended or debarred as confirmed with the System of Award Management (https://www.sam.gov/portal/public/SAM/). The following items are considered non -eligible for payment: Item# 108-1A 999-1A 999-99A Description Quantity/ Unit Construction Layout and Record Drawings 1 LS Utility Coordination Contingency 1 LS 1 LS Total Amount $ 17,500.00 $ 10,000.00 $ 29,332.90 Total $ 56,832.90 Only eligible items can be reimbursed up to the amount programmed of $ 296,627.00 for construction. Be advised, negotiations with the contractor are not permitted during the award or execution period of the contracting process. Any changes to the contract bid items or quantities must be requested in writing and approved by the Department. Please provide the Department a copy of the contract between the Agency and the contractor for final review prior to execution. The Agency must create the construction contract screens and upload the executed construction contract in GAP prior to scheduling a pre -construction meeting. All Change Orders must be approved by the Department prior to execution. Please feel free to contact me should you have any questions. I can be reached at 954-777-4585 or via email to Sabrina.aubery@dot.state.fl.us. Sincerely, cc: Edmund Bas, PE. —St. Lucie County Mya Gray - D4 Local Program Administrator Stacey Sasala - FDOT Construction Deborah Ihsan / Ryan Drendel - FDOT Construction Ron Arcalas - FOOT Materials Lab Chloann Lawrence / Diego Velazquez - FDOT Operations D4 Work Program - FOOT Program Management DocuSigned by: 2B6C5A6F23CE493... Sabrina Aubery, P.E., Program Administration Engineer Program Management Office — District Four www.fdot.gov Page 217 of 438 MANAGEMENT & BUDGET Purchasing Division February 23, 2023 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHRIS DZADOVSKY DISTRICT 1 Mr. John Coniglio Jamie Underground, Inc. LARRY LEET P.O. Box 1702 DISTRICT 2 Palm City, FI. 34991 LINDA BARTZ Subject: Bid No. 23-001— Prima Vista Blvd. Traffic Communications Conduit & Fiber VICE -CHAIR DISTRICT 3 Dear Mr. Coniglio: JAMIE FOWLER Thank you for submitting a proposal for the above referenced Bid. Unfortunately, DISTRICT 4 your company's submittal has been declared non -responsive due the following missing documents: CATHY TOWNSEND CHAIR DISTRICT 5 • Drug Free Workplace Certification • Buy America Certificate of Compliance GEORGE LANDRY • Title VI Nondiscrimination Assurance COUNTY ADMINISTRATOR . Certification of Current Capacity & Status of Contracts on Hand (FDOT Form 525-010-46) • DEB Package & Bid Opportunity List Instructions (FDOT Form 275-030-11) • Affirmative Action Plan (FDOT Form 275-030-11b) DAN MCINTYRE • E-Verify Certification (FDOT Form 375-040-68) COUNTY ATTORNEY • Certification for Disclosure of Lobbying Activities on Federal Aid Contracts (FDOT form 375-030-33) MAILING ADDRESS • Disclosure of Lobbying Activities (FDOT Form 375-030-34) 2300 VIRGINIA AVENUE • Non -Collusion Declaration (FDOT 575-060-13) FORT PIERCE, FL 34982 • Certification Regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion — PHONE Federal Contracts (FDOT Form 375-030-32) (772) 462-1 700 TDD Section 00510, Federal Provisions, Page 00510-15, Paragraph 23 — Compliance with (772) 462-1428 Federally Required Contract Provisions, of the bid document states that Bidders shall cite compliance with the Required Contract Provisions and shall execute and include FAX these documents in their bid proposals. Failure to include items 1-18 may result in a (772) 462-1704 determination that the bid proposal is non -responsive. E-MAIL CIMINOD@STLUCIECO.ORG WEBSITE WWW.STLUCIECO.GOV ST. L U C I E Page 218 of 438 Page 2 of 2 Although Jamie Underground, Inc., will not be considered for this Bid, St. Lucie County looks forward to receiving proposals for future projects from your company. If you have any questions, I can be reached at (772) 462-1700. Thank you for your interest in working with St. Lucie County. Sincerely, oe�iiwz 1- a miw Purchasing Manager ST. LUCIE Page 219 of 438 TO PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel Zrallack, County Engineer Public Works 2023-58721 CONSENT AGENDA - PUBLIC WORKS DATE: 3/21/2023 *ACTION ITEM - BID AWARD QUASI-JUDICIAL ITEM? No Approval to Award Bid #23-009 and the Proposal for Geotechnical and Material Testing Services for the Elm Avenue / Merritt Ditch Culvert Replacement Project This project will replace the existing 48" culvert under Elm Avenue at Merritt Ditch with a new 60" culvert pipe. Elm Avenue has been closed to vehicular traffic at the canal crossing since the failure was identified. On February 15, 2023, two (2) bids were received for Elm Avenue/Merritt Ditch Culvert Replacement (Bid No. 23-009). PRP Construction Group, LLC. with a bid amount of $298,687.07 was identified as the lowest, responsive, responsible bidder. Additionally, a proposal from PSI (Intertek) to perform geotechnical and material testing services was received in the amount of $11,311.00. Construction inspection and management will be performed using in-house engineering inspectors and support staff. The construction project budget is as follows: Construction Contract: $271,533.70 10% Contingency: $27,153.37 Geotechnical/Material Testing: $11,311.00 Project Budget Total: $309,998.07 PREVIOUS ACTION: May 18, 2021- Board approved Work Authorization No. 2 to Contract C20-01-160 to Inwood Consulting Engineers in the amount of $67,470.00. July 27, 2021- Board approved Amendment #1 to Work Authorization No.2, to increase the project in the amount of $9,757. FINANCIAL IMPACT: Funds will be available in account 102001-4115-563000-214607 (Stormwater MSTU / Elm Ave @ Merritt Culvert Replacement) per Line to line #2023-0298, #18554. Page 220 of 438 RECOMMENDATION: Staff recommends Board approval of Bid #23-009 to PRP Construction Group, LLC in the amount of $298,687.07 for the Elm Avenue at Merritt Ditch Culvert Replacement project; approval of the proposal from PSI (Intertek) for geotechnical and material testing services in the amount of $11,311.00; and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: March 06, 2023 Daniel Zrallack, County Engineer Date: March 07, 2023 Patrick Dayan, Public Works Director l Date: March 09, 2023 Jennifer Hill, Office of Management & Budget Director r Date: March 10, 2023 Daniel McIntyre, County Attorney Date: March 11, 2023 Mayte Santamaria, Deputy County Administrator Page 221 of 438 Public Works Department Agenda Item Summary BOARD OF COUNTY COMMISSIONERS ST. UNI CO t,l M rY F L O R I D A -••- Agenda Date' Proposal for the Design of Culvert at Elm Avenue over Merritt Tuesday 9:00 A.M. Ditch March 21, 2023 Project Number 20202 — Bid Award Elm Avenue m Mem DOh Division: Merritt Ditch Engineering Division Consultant/Contractor: Contractor: PRP Construction Group Consultant: Inwood Consulting Engineers Inc. Proiect Location(s): Elm Avenue approximately 700 feet North of Midway Road Funding Source: Stormwater MSTU Commissioner District: District 4 Proiect Description Backzround (continued) Project Manager: Name: Michael Heller This project will replace the existing 48" material testing services was received Tel #• (772) 462-1659 culvert under Elm Avenue at Merritt Ditch in the amount of 11,311.00. Email: hellennkstlucieco.ora with a new 60" culvert pipe. The construction project budget is Mail: 2300 Virginia Ave. Rm 229 Backmround estimated at $309,998.07 Fort Pierce, Florida 34982 The existing 48" Corrugated Metal Pipe Staff Recommendation (CMP) under Elm Avenue, which allows Staff recommends Board approval of St. Lucie County's "Merritt Ditch" to flow the Bid Award to PRP Construction freely under the roadway has failed. On Group, LLC in the amount of October 2, 2020 the roadway was closed $298,687.07 for the construction of in the vicinity of the failure to protect the Elm Avenue/Merritt Ditch Culvert public safety. Replacement project; approval of PSI (Intertek) for geotechnical and On February 15, 2023, two (2) bids were material testing services in the amount received for Bid No. 23-009, Elm Avenue of $11,311.00; and authorization for at Merritt Ditch Culvert Replacement the Chair to sign documents as PRaECT Project. PRP Construction Group, LLC approved by the County Attorney. LOCATION with a bid amount of $298,687.07 was identified as the lowest, responsive, responsible bidder. Additionally, a proposal from PSI oaie • ; . ._' (Intertek) to perform geotechnical and Page 222 of 438 Project Name: Elm Avenue/Merritt Ditch Culvert Replacement Project No. 20202 Bid No. 23-009 Bid Date: February 15, 2023 Subject: BID TABULATIONS BID ITEM DESCRIPTION UNITS Est. QTY PRP CONSTRUCTION GROUP CENTERLINE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 101-1A Mobilization/ Demobilization LS 1.00 $20,750.00 $20,750.00 $16,179.10 $16,179.10 102-1A Maintenance of Traffic (MOT) LS 1.00 $11,750.00 $11,750.00 $5,136.98 $5,136.98 104-1A Prevention, Control & Abatement of Erosion & Water Pollution LS 1.00 $12,750.00 $12,750.00 $3,601.33 $3,601.33 110-1-1 Clearing & Grubbing LS 1.00 $11,790.00 $11,790.00 $17,828.01 $17,828.01 110-7-1 Mailbox, F&I Single EA 3.00 $856.00 $2,568.00 $217.60 $652.80 120-1 Excavation and Grading LS 1.00 $4,977.00 $4,977.00 $21,291.30 $21,291.30 120-6 Embankment LS 1.00 $6,963.00 $6,963.00 $4,419.12 $4,419.12 160-4 Type B Stabilization, 12" SY 410.00 $17.75 $7,277.50 $28.29 $11,598.90 199-1A Construction Layout/Record Drawings LS 1.00 $8,997.00 $8,997.00 $10,931.04 $10,931.04 285-701 Optional Base, Base Group 01 Optional Base, Base Group 06 SY 122.00 $26.50 $3,233.00 $40.83 $4,981.26 285-706 SY 186.00 $24.50 $4,557.00 $45.50 $8,463.00 327-70-6 Milling Existing Asphalt Pavement, 1.5" Ave Depth SY 112.00 $92.00 $10,304.00 $78.47 $8,788.64 334-1-12 Superpave Asphaltic Concrete (Traffic B, 1.5") TN 14.70 $525.00 $7,717.50 $603.81 $8,876.01 334-1-52 Superpave Asphaltic Concrete (Traffic B, PG 76-22) TN 30.30 $575.00 $17,422.50 $667.57 $20,227.37 400-80A Maintenance of Existing Drainage LS 1.00 $19,968.00 $19,968.00 $6,798.76 $6,798.76 400-90A Construction Dewatering LS 1.00 $11,175.00 $11,175.00 $15,138.57 $15,138.57 425-1-125 Inlets, DT Bot, Type C, <10' EA 1.00 $4,779.00 $4,779.00 $3,695.60 $3,695.60 430-175-115 Pipe Culvert, Optional Material, 15" SD LF 156.00 $45.50 $7,098.00 $106.57 $16,624.92 430-175-160 Pipe Culvert, Optional Material, 60" S/CD LF 66.00 $758.50 $50,061.00 $685.73 $45,258.18 430-515-130 Straight Concrete Endwalls, 15" Single 45 Gegrees, Round EA 1.00 $4,579.00 $4,579.00 $4,392.83 $4,392.83 430-984-123 Mitered End Section, Optional, Round, 15" SD EA 2.00 $2,093.00 $4,186.00 $4,287.01 $8,574.02 530-3-4 Rip Rap, Rubble, F&I, Ditch Lining, 18" Thick TN 138.70 $181.00 $25,104.70 $170.21 $23,608.13 536-73 Guardrail Removal LF 25.00 $40.00 $1,000.00 $12.42 $310.50 570-1-2 Performance Turf, Sod SY 809.00 $6.50 $5,258.50 $9.05 $7,321.45 700-1-50 Single Post Sign, Relocate AS 4.00 $567.00 $2,268.00 $390.39 $1,561.56 1000-1A Utility Coordination LS 1.00 $5,000.00 $5,000.00 $1,472.72 $1,472.72 BASE BID TOTAL ESTIMATED AMOUNT (Based on Bid Unit Prices & Estimated Quantities) $271,533.70 $277,732.10 CONSTRUCTION CONTIGENCY ALLOWANCE (10% of BASE AMOUNT) $27,153.37 $27,773.21 TOTAL ESTIMATED AMOUNT (Based on Bid Unit Prices, Estimated Quantities & 10% Contigency) $298,687.07 $305,505.31 Percentage Higher Than The Low Bid 2.28% Page 223 of 438 6500 NW 12th Avenue, Suite 116 Fort Lauderdale, FL 33309 phone: 954.267.0965 1 fax: 954.267.0944 intertek.com/building I psiusa.com Revised on March 03, 2022 St. Lucie County Engineering Division 2300 Virginia Ave. Fort Pierce 34982 Attn: Mr. Michael Heller, Project Manager hellerm@stlucieco.org Office:772-462-1659 1 Cell:772-332-5415 Re: Revised Proposal to Perform Materials Testing & Inspection Services Elm Avenue/Merritt Ditch Culvert Replacement Elm Ave and Merritt Ditch Intersection, St. Lucie, FL Project # 20-202 PSI Proposal No.: 0225- 393225 Dear Mr. Heller: Professional Service Industries, Inc. (PSI), an Intertek Company (d/b/a Intertek-PSI), is pleased to provide this revised services proposal to provide Materials Testing & Inspection Services for the subject project located in Fort Pierce, Florida. PSI QUALIFICATIONS PSI is a nationally recognized consulting engineering and testing firm providing integrated services in several disciplines, including geotechnical engineering, construction services, materials engineering and testing, roof and pavement consulting, asbestos management, and facilities consulting and engineering. We are a leader among the nation's independent testing organizations and rank among the country's largest consulting engineering firms. PSI has provided similar services for several prominent projects in the Tri-County area; therefore, we have a very good understanding of the local building department's conditions, as well as the essential nature of the inspection and testing requirements for this project. Our staff includes registered professional engineers with significant construction inspection and testing experience in South Florida. Our technicians are ACI, AWS and NICET trained/certified in their respective disciplines and our laboratories are annually inspected/certified by CMEC and FDOT. PSI is licensed in the State of Florida to provide Engineering Services. Professional Service Industries, Inc. (dba Intertek-PSI) I FL ENGINEERING FIRM 3684 1 www.intertek.com/building Environmental Consulting • Geotechnical Engineering • Construction Materials Testing • Inspection Services Page 224 of 438 psi EXHIBIT A- PROJECT CONSIDERATIONS AND SCOPE OF SERVICES It is our understanding that the project consists of Milling and Resurfacing for Limits 11+74 to 14+34 (260 Feet) and Reconstruction area 12+24 to 13+84 including Drainage Structures, Subgrade (Sample + Densities + Subgrade Inspection) and Base (Sample +Base Cores + Densities + Base Inspection) Based on our review of the project specifications and continuing contract number C21-11-886 where noted, along with our experience providing our services for similar projects, PSI proposes the following fees on the scope of services provided by the County for this project. (No schedule available at this time)._ NOTES: 1. PSI's fees will be determined by the actual amount of labor time and/or laboratory testing performed. PSI's services can be provided on an "on -call" basis atthe direction of your representative. 2. PSI's total fees forthe project will only be determined by the actual amount of technical time spent and the amount of field and laboratory tests performed. 3. Please note that our services do not include supervision or direction of the actual construction work. Also, be aware that neither the presence of our field representative nor the observation and testing by our firm shall imply PSI's responsibility for defects discovered in the construction work. It is understood that our firm will not be responsible for job site safety on this project. Job site safety will be the sole responsibility of others. 4. In this proposal the words "inspection" and "verify" are used to mean observation of the contractors work and the conducting of tests by PSI to determine substantial compliance with plans, specifications and design concepts. 5. PSI - Subcontractor will not be responsible for possible damage to the structure which may result from our testing. PSI will not be responsible for possible damage to any reinforcing or utilities embedded in the concrete which may result from our testing. 6. The test area locations will be selected by the client. PSI will not be responsible for the corresponding repairs. Professional Service Industries, Inc. (dba Intertek-PSI) I FL ENGINEERING FIRM 3684 1 www.intertek.com/building Environmental Consulting • GeotechnicaI Engineering • Construction Materials Testing • Inspection Services Page 225 of 438 Elm Avenue/Merritt Ditch Culvert Replacement Page 2 of 4 PSI Proposal No. 0225- 393225 0: 9_\IM1401111/_LU02111:11:T►rifi Based on the described scope of work and our experience with similar projects, we have developed a Cost Estimate of $11,311.00 Not -to -Exceed (NTE) for construction materials testing for Contracted rates per Contract C21-11-886. The rates and terms for are governed by the ongoing continuing contract number C21-11-886 between PSI and the County, as applicable to the requested scope of services. Additional services have been quoted upon request as shown in the attached COST ESIMATE BREAKDOWN. COST ESTIMATE BREAKDOWN Contracted rates per Contract C21-11-886 TASK Resource Rate Amou nt Unit Total Proctors (standard or modified) test $105.00 2 Each $210.00 Atterberg Limits Test test $95.00 2 Each $190.00 Organic Content test test $48.00 2 Each $96.00 Sieve Analysis test $80.00 2 Each $160.00 Wash 200 test $60.00 2 Each $120.00 Field Density Test (Min 4 per trip) test $27.00 100 Each $2,700.00 Concrete Compression Test (Min 4 per trip) set $95.00 6 Set $570.00 Slump Test test $20.00 6 Each $120.00 Air Content test $35.00 6 Each $210.00 Engineering Technician (Field Soil Sampling, Field Density Tests, Field Concrete Sampling and Testing, Onsite Cancellation, Standby Time, Re -Testing). hour $65.00 75 hour $4,875.00 Project Engineer hour $120.00 8 hour $960.00 Clerical hour $55.00 20 hour $1,100.00 Total $11,311.00 Professional Service Industries, Inc. I FL ENGINEERING FIRM 3684 1 www.intertek.com/psi Environmental Consulting • GeotechnicaI Engineering • Construction Materials Testing • Inspection Services Page 226 of 438 Elm Avenue/Merritt Ditch Culvert Replacement PSI Proposal No. 0225- 393225 Page 3 of 4 EXHIBIT C- SCHEDULE • All time is billed on a portal-to-portal basis in whole hour increments with a minimum charge of 4 hours applied for all field services including travel time. • Failure to cancel services prior to our arrival on site will result in a 4-hour Engineering Technician charge. • Standby time onsite will be charged at the rates exhibited above. • All technician work performed outside of 7 am-5 pm weekdays and weekends is considered after— hours work. • Additional services and fees not listed above may be quoted upon request. • We will report the results of our field and laboratory tests to you and other members of the construction team, within 24 hours. Please provide all contacts for report distribution. • Allocation of risk, Limitation of liability, and release of individual, employees and agentsor subcontractors: pursuant to Florida Statute § 558.0035, an individual, employee, agent or Subcontractor of PSI will not be held individually liable for negligence. Please notify us by 3:00 PM at the latest on the one (1) day before we are needed at your project. All work shall be completed by December 31, 2023. Professional Service Industries, Inc. I FL ENGINEERING FIRM 3684 1 www.intertek.com/psi Environmental Consulting • Geotechnical Engineering • Construction Materials Testing • Inspection Services Page 227 of 438 Elm Avenue/Merritt Ditch Culvert Replacement PSI Proposal No. 0225- 393225 Page 4 of 4 CLOSURE/AUTHORIZATION We appreciate the opportunity to provide you this proposal and we look forward to providing our services on this project. Upon acceptance of this proposal, please sign one copy and return it to this office. Sincerely, PROFESSIONAL SERVICE INDUSTRIES, INC. (Intertek-PSI) Ernesto Ramos, E.I. Branch Manager ernesto.ramos(@intertek.com Attachment: Cost Estimate Breakdown, Authorization Form, Subcontractor information and Quote AUTHORIZED BY: INVOICE TO: Signature: Firm: Name: Address: Title: Date: Attention: Professional Service Industries, Inc. I FL ENGINEERING FIRM 3684 1 www.intertek.com/psi Environmental Consulting • Geotechnical Engineering • Construction Materials Testing • Inspection Services Page 228 of 438 �lr LUCEI - o-J TO PRESENTED BY: SUBMITTED BY: i.111:�1446 BACKGROUND: AGENDA REQUEST Board of County Commissioners Irene Szedlmayer, Senior Planner Planning & Development Services 9.A.1. ORD-2023-5 PUBLIC HEARINGS - PLANNING & DEVELOPMENT SERVICES DATE: 3/21/2023 *ORDINANCE ITEM - LAND DEVELOPMENT CODE TEXT AMENDMENT QUASI-JUDICIAL ITEM? NO Proposed Amendment of the Land Development Code to Modify Minimum Frontage and Platting Requirements for Solar Generation Stations, Updating the Definition of Solar Generation Stations, Adding a Definition for Bona Fide Agriculture and other Changes In July 2022, the Board of County Commissioners adopted Ordinance 2022-21, which amended the Land Development Code (LDC) to facilitate the development of Solar Generation Stations in St. Lucie County. Ordinance 2022-21 accomplished the following for Solar Generation Stations (SGSs) in Agricultural Zoning Districts: SGSs are a permitted use; the Conditional Use Permit requirement was eliminated; SGSs are reviewed and approved as Minor Site Plans (no public hearing is required); SGSs are exempt from paved access to the site; SGSs are exempt from landscaping unless abutting an existing residential use; and ground - mounted solar panels are exempt from maximum lot coverage standards. The proposed Ordinance 2023-05 further facilitates the development of solar energy in St. Lucie County by exempting SGSs from road frontage and platting requirements. PREVIOUS ACTION: The Planning and Zoning Commission held a public hearing on the proposed ordinance on February 16, 2023 and unanimously recommended approval. The public hearing on the first reading of the proposed ordinance was held before the Board of County Commissioners on March 7, 2023. FINANCIAL IMPACT: N/A Page 229 of 438 RECOMMENDATION: Staff recommends adoption of Ordinance 2023-05. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: March 10, 2023 Mayte Santamaria, Deputy County Administrator Date: March 10, 2023 Daniel McIntyre, County Attorney Page 230 of 438 91ro LUCE TO: THROUGH: FROM: DATE: SUBJECT: Board of County Commissioners Planning and Development Services Department Planning Division MEMORANDUM Benjamin Balcer, AICP, Director Planning and Development Services Department Irene A. Szedlmayer, AICP, Senior Planner February 21, 2023; revisions to page 6 only made on March 8, 2023 Text Amendment to the Land Development Code (TLDC-2212-000019) Solar Generation Station Frontage and Platting Requirements Culpepper & Terpening, Inc., representing Florida Power and Light Company (FP&L) which is developing a number of Solar Generation Stations in St. Lucie County, has proposed amendments to the Land Development Code regarding substantive and procedural standards applicable to Solar Generation Stations. The proposed amendments will exempt parcels on which Solar Generation Stations are located from having a minimum frontage; that is, having a minimum length (land boundary) fronting a public road or private street that was constructed in conformance with the St. Lucie County standards. The proposed amendments will also exempt the division or redivision of platted or un-platted land from the requirement that a subdivision plat or re -plat be filed and approved. The purpose of these amendments is to further simplify the processes applicable to Solar Generation Stations. The streamlining of the application process for Solar Generation Stations is considered appropriate given the large contiguous tracts of land owned by the private energy company and their intent for Solar Generation Station development; the lack of intent to sell or otherwise convey the tracts to other parties; and the infrequency of vehicle trips (estimated to be one trip weekly) required to inspect and maintain Solar Generation Station once operational. Some additional amendments have been proposed by staff to clarify that certain zoning districts have a permitted residential density of zero (0) dwelling units per acre, to define bona fide agricultural use and to clarify the definition of a Solar Generation Station. BACKGROUND: In July 2022, the Board of County Commissioners adopted amendments to the Land Development Code (LDC), via Ordinance 2022-021, to bring the LDC into compliance with Section 163.3205, Florida Statutes (F.S.) to provide that solar facilities are a permitted use in all Agricultural Zoning Districts. St. Lucie County Ordinance 2022-21 eliminated the Conditional Use Permit process for Solar Generation Stations within the Agricultural Zoning Districts; added solar facilities as a permitted use within the Research and Education Park Overlay Zone; exempted new solar generation facilities within an Agricultural Zoning District from the requirement for paved access to the site; eliminated landscaping requirements; characterized Solar Generation Stations in Agricultural Zoning Districts as Minor Site Plans; and developed criteria for Solar Generation Stations that require a Minor Site Plan. Additionally, the amendment exempted ground -mounted solar panels from maximum lot coverage standards and changed the distance that roof mounted solar panels must be from the edge of roof to comply with the 2020 Florida Building Code. SI L U C I E WUP K00 Page 231 of 438 Project Name: LDC Text Amendment Solar Generation Stations File No.: TLDC - 2212-000019 The amendments adopted in July 2022 and the amendments proposed now help ensure that St. Lucie County continues to be a leader in the production of clean energy and facilitate the future expansion of solar generation facilities. Table 1. Summary of the amendments to the LDC regarding Solar Generation Stations LDC Section Intent of Change 2.00.00 — Definitions Modify the definition of Solar Generation Stations to more closely track the definition in Section 163.3205, F.S. 7.10.28, Supplemental Standards, Solar Energy Consistently capitalize Solar Generation Station(s) throughout the section. 7.10.28.A.(1)(b)7., Provide that the minimum frontage requirements for Solar Generation Supplemental Standards, Stations in Agricultural Zoning Districts is zero (0) provided legal and Solar Energy sufficient ingress and egress is demonstrated. 7.10.28.A.(1)(b)7., Provide mandatory text to appear on the Site Plan and Development Order Supplemental Standards, regarding absence of any governmental responsibility to maintain roads, Solar Energy drives, easements, etc. that are used for access to a Solar Generation Station. 7.10.28.B., Supplemental Further define what is intended regarding non -utility, solar systems that are Standards, Solar Energy accessory uses, such as roof -top or backyard solar systems on residential lots. 11.03.0l.B., exceptions to Add #4 to the list of exemptions from platting: "The division or redivision platting of platted or un platted land in the AG-S, AG-2. S or AG -I zoning districts for the purpose of developing and operating a Solar Generation Station for which a Site Plan has been approved in accordance with LDC 7.10.28., where no new streets or easements of access are planned to be dedicated to and accepted by the public. Also, provide mandatory text for Site Plans and Development Orders that there is no County obligation to maintain access roads or easements. 7.04.01., Table 7-10 Add footnote (n), directing readers to Section 7.1.28.A.1.(b)7. for the minimum frontage requirements for Solar Generation Stations. S 1. LUCI E RO Page 232 of 438 Project Name: LDC Text Amendment Solar Generation Stations File No.: TLDC - 2212-000019 Table 1. Summary of the other proposed amendments to the LDC LDC Section Intent of Change Add a definition for bona fide agricultural use to the LDC that is consistent 2.00.00 —Definitions with Section 823.14., F.S., the Florida Right to Farm Act. 11.03.0l.B., exceptions to Add the words --bona fide agricultural use --to the exemption from platting platting requirements for the creation of parcels of 20 acres or more for agricultural use. 7.04.01., Table 7-10 Add a "0" (zero) in the column for Maximum Gross Density (Du/Ac) for the nine zoning districts which permit no residential development. TEXT AMENDMENT STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE Pursuant to St. Lucie County Land Development Code (LDC), Section 11.06.03, the Development Review Committee has reviewed the proposed Text Amendment and found it to meet the technical requirements and standards of review. In reviewing this application for a Text Amendment to the LDC, the Planning and Zoning Commission shall consider and make the following determinations: A. Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie County Land Development Code; The amendments are internally consistent with the Land Development Code. The amendments will streamline the regulatory process for the development of solar facilities. B. Whether the proposed amendment is in conflict with all elements of the St. Lucie County Comprehensive Plan; The proposed amendments are consistent with the St. Lucie County Comprehensive Plan. The following specific Comprehensive Plan goals, objectives and policies support the proposed amendment of the Land Development Code: Goal 1.1: Ensure the highest quality living environment possible, through a mixture of land uses reflecting the needs and desires of the local residents and how they want their community to develop. The goal shall be implemented by strictly enforced building, zoning and development codes based on objectives and policies that will enhance St. Lucie County's natural and manmade resources while minimizing any damage or threat of degradation to the health, safety and welfare of the county's citizens, native wildlife and environment, through incompatible land uses. Objective 1.1.4: Implementing Land Development Code. Review and amend, as required, the County's Land Development Code which support the implementation of the Future Land Use Element, and the other components of the St. Lucie County Comprehensive Plan. S 1. LUCIE ��K� Page 233 of 438 Project Name: LDC Text Amendment Solar Generation Stations File No.: TLDC - 2212-000019 Objective 1.1.5: Urban Sprawl. Consider changes to the future land use plan based upon smart growth, energy -efficient land use patterns and discouraging the proliferation of urban sprawl. Policy 1.1.5.10 — St. Lucie County shall develop, as needed, Land Development Code amendments to implement recommendations of a Green Jobs and Innovation Corridor Charrette which may include green collar job creation, green energy, energy conservation, building standards, landscaping, public meeting places and guidelines to develop the Research Park so that it will encompass the most current green technology available. Goal 1.4: Ensure through the Comprehensive Plan the development of energy efficient land use patterns and policies that reduce greenhouse gas emissions through innovative sustainable land planning tools which discourage urban sprawl, protect native habitat, reduce automobile use, and maintain open space. Objective 1.4.1: Create a sustainable plan for the County's western lands that will preserve and conserve a functioning network of agriculture, open space, and natural areas while providing economically viable options for agricultural landowners, now and in the future based upon the Western Lands Study. Policy 1.4.2.4 —The Land Development Code shall maintain appropriate standards for use of alternate, renewable sources of energy including the use of solar panels except in environmentally sensitive areas. The standards are intended to facilitate the commercial generation and distribution of solar power and the use of on -site solar energy systems to meet the energy demands of buildings and support facilities in the unincorporated County. The County shall review the Land Development Code and consider appropriate standards for the use of other renewable sources. Goal 10.2: Diversify the year-round economy and established an economic and cultural climate that will allow St. Lucie County to effectively compete in the global economy. Objective 10.2.2: Establish procedures and tools to encourage business development and assist economic development in St. Lucie County. Policy 10.2.1.4 - Encourage the development of clusters of industries according to the adopted targeted industry list such as Manufacturing Facilities, Finance and Insurance, Information, Clean Energy, Professional, Scientific, and Technical Services, Management and Distribution, and Administrative and Support Services at appropriate locations in St. Lucie County. C. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The proposed text amendment is consistent with existing and proposed land uses. State law encourages renewable solar electrical generation throughout the State of Florida. As set forth in Section 163.3205(l), F.S., "It is essential that solar facilities and associated electric infrastructure be constructed and maintained in various locations throughout this state in order to ensure the availability of renewable energy production, which is critical to this state's energy and economic future." The proposed amendment is expected to have little to no impact on the consistency of Solar Generation Stations with existing or proposed land uses on nearby land. D. Whether there have been changed conditions that require an amendment; As population increases, so does the need for a reliable clean energy grid. The text amendment looks to reduce requirements for new solar generation facilities located within Agricultural Zoning Districts, which could hinder the expansion of reliable, clean energy infrastructure. 4 ST. LUCIE \/\/ Page 234 of 438 Project Name: LDC Text Amendment Solar Generation Stations File No.: TLDC - 2212-000019 E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; While all development is required to adhere to adopted Level of Service (LOS) and concurrency standards, the proposed amendments will create no additional demands on public facilities or services. As explained in a Traffic Impact Report submitted to the County for a proposed Solar Generation Station, once operational, solar generation facilities typically require only one vehicle trip per month for inspection and maintenance purposes. The solar facilities are not staffed. There is no need for water and wastewater services. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed text amendment will not result in adverse impacts on the natural environment. The proposed text amendment is not expected to increase development pressures on natural areas and does not modify or exempt improvements from the County's natural resource protection standards. G. Whether and the extent to which the proposed amendment would adversely affect the property values in the area; The proposed amendment is not anticipated to have an adverse impact on property values in the area. Solar Generation Stations have a de minimus impact on agricultural uses permitted within these zoning districts. A review of the market values assigned by the St. Lucie County Property Appraiser to a small number of parcels with agricultural zoning indicates that the value of land developed as a Solar Generation Station may be modestly higher than the value of land used for agricultural purposes, which has not correlated to adverse impact on property values in the surrounding area. H. Whether and the extent to which the proposed amendment would not result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; The proposed amendments will streamline the approval process for new solar generation facilities located within Agriculture Zoning Districts and will maintain an orderly and logical development pattern. The minimum dimensional criteria for Agricultural Districts such as minimum parcel size, lot width and setbacks will remain despite the exception afforded to the frontage standard. Solar Generation Stations have a de minimus impact on agricultural or other rural uses on nearby lands. Because no water or wastewater utilities are required, the Solar Generation Stations do not encourage premature urbanization or a sprawling urban development pattern. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of this code. J. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. The Planning and Zoning Commissioners may raise other matters regarding the proposed Land Development Code Amendment. ST. VVORKO Page 235 of 438 Project Name: LDC Text Amendment Solar Generation Stations File No.: TLDC - 2212-000019 The above review and discussion of the criteria in Land Development Code (LDC), Section 11.06.03. for the review of proposed amendments to the LDC focused on the proposed amendments related to Solar Generation Stations. The proposed amendments identified in Table 2, which are unrelated to Solar Generation Stations, are non -substantive and intended to provide additional clarity for users of the Code, both staff and members of the regulated community. The amendments identified in Table 2 are consistent with and do not contradict any provision of the Comprehensive Plan or the LDC (factors A and B); raise no question of inconsistency with existing or proposed land uses (factor C); create no demand on public facilities or services (factor E); will cause no significant adverse impact on environmental resources or property values (factors F and G); will have no effect on the County's orderly and logical development pattern (factor H); and are in harmony with the intent and purpose of the LDC (factor I). Regarding factor D -- whether there are changed conditions that require an amendment — the amendments are proposed to eliminate or reduce ambiguity that can arise in implementation of the Code. PUBLIC NOTICE On Thursday, February 2, 2023, a notice of public hearing display advertisement was published in the St. Lucie News Tribune for the meeting of the Planning and Zoning Commission. On Thursday, February 23, 2023, a notice of public hearing display advertisement was published in the St. Lucie News Tribune for the meeting of the March 7, 2023 Board of County Commissioners. On Friday, March 10, 2023, a notice of public hearing display advertisement is scheduled to be published in the St. Lucie News Tribune for the March 21, 2023 meeting of the Board of County Commissioners. PLANNING AND ZONING COMMISSION On February 16, 2023, the Planning and Zoning Commission voted unanimously to recommend to the Board of County Commissioners that this amendment of the Land Development Code be adopted. BOARD OF COUNTY COMMISSIONERS On March 7, 2023, the Board of County Commissioners held a public hearing on the first reading of the proposed ordinance and scheduled the second reading for March 21, 2023. STAFF RECOMMENDATION Staff finds the proposed Ordinance 2023-05 meets the standards of review set forth in Section 11.06.03 of the St. Lucie County Land Development Code, and does not conflict with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan. Staff recommends the Board of County Commissioners adopt Ordinance 2023-05, amending the Land Development Code regarding frontage and platting requirements for Solar Generation Stations in the AG-5, AG-2.5 and AG-1 zoning districts. ST. LUCIE WORKS Page 236 of 438 ORDINANCE No. 2023-05 File No. TLDC - 2212-000019 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, BY AMENDING SECTION 2.00.00, DEFINITIONS TO ADD THE TERM BONA FIDE AGRICULTURAL USE AND TO CLARIFY THE TERM SOLAR GENERATION STATION; BY AMENDING SUBSECTION 7.10.28. TO ADDRESS MINIMUM ROAD FRONTAGE REQUIREMENTS FOR SOLAR GENERATION STATIONS IN THE AG-1, AG-2.5 OR AG-5 ZONING DISTRICTS AND TO CLARIFY THE TYPE OF SOLAR ENERGY SYSTEMS DISCUSSED IN THIS SUBSECTION; BY AMENDING SECTION 11.03.01. PLATTING REQUIREMENTS, TO CLARIFY AND UPDATE THE PLATTING PROCESS AND ADD EXCEPTIONS TO PLATTING REQUIREMENTS FOR SOLAR GENERATION STATIONS; AND AMENDING TABLE 7-10 TO ADD FOOTNOTE "N" ADDRESSING FRONTAGE REQUIREMENTS FOR SOLAR GENERATION STATIONS IN THE AG-1, AG-2.5 OR AG-5 ZONING DISTRICTS AND TO CLARIFY THE ZONING DISTRICTS IN WHICH NO RESIDENTIAL DENSITY IS ALLOWED; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including not limited to the staff report, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code; and, 2. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 3. This Board is authorized by Section 125.01(1)(t), Florida Statues, to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law; and, 4. The Florida Legislature adopted Chapter 2021-178, Laws of Florida, creating Section 163.3205 , Florida Statute, to encourage renewable solar electrical generation and to specify the solar facility approval process including that a solar facility shall be a permitted use in all agricultural land use categories in a local government comprehensive plan and all agricultural zoning districts within an unincorporated area; and, Ordinance 23-05 Page 1 of 13 underline is for addition strike though is for deletion Page 237 of 438 5. On February 16, 2023, the Planning and Zoning Commission, held a public hearing on the proposed ordinance after publishing due notice in the St. Lucie News Tribune and recommended that the proposed Ordinance be forwarded with a recommendation for approval; and, 6. On March 7, 2023, this Board held a public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune; and, 7. On March 21, 2023, this Board held a public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune; and 8. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan, are internally consistent with the remainder of the Land Development Code and are in the best interest of the health, 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: PART A. The specific amendments to the St. Lucie County Land Development Code to read as follows in strike through and underline format: CHAPTER II DEFINITIONS 2.00.00. - DEFINITIONS Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown in this section. Where terms are not defined in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies: ************************ Bona fide agricultural use: For purposes of this Code, bona fide agricultural use means farm operations as defined in the Florida Right to Farm Act, Section 823.14.F.S., on lands with a valid aaricultural classification pursuant to Section 193.461. F.S. Solar Generation Station: An energy generation facility comprised of one (1) or more freestanding, ground mounted photovoltaic modules or devices that capture solar energy, a-r4 converts it to electrical energy, er stores energy, or delivers energy to a transmission system for use in locations other than where it is generated. Solar generation stations typically utilize photovoltaic solar cells, but can also be Ordinance 23-05 Page 2 of 13 underline is for addition strike though is for deletion Page 238 of 438 combinations of light reflectors, concentrators, and heat exchangers. A sSolar gGeneration sStation is also known as a solar facility, solar plant, solar generation plant, solar farm, solar power plant, battery storage plant, energy storage plant or solar thermal power plant. Ground mounted solar devices that capture solar energy (panels) shall not count towards maximum lot coverage. ************************ CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.00. — SUPPLEMENTAL STANDARDS 7.10.28. Solar Energy. The following provisions are intended to facilitate the commercial generation and distribution of solar power and the use of on- site solar energy systems to meet the energy demands of buildings and support facilities in the unincorporated County. All Solar equipment and devices shall comply with Florida Statutes and, if applicable, shall be certificated by the Florida Solar Energy Commission. A. Solar Generation Station. In addition to other applicable sections of this Code, a sSolar gGeneration sStation shall be subject to the following provisions: 1. Solar Generation Stations are permitted uses in the AG 1, AG 2. 5 and AG 5 Zoning Districts and shall require submittal of a Minor Site Plan application. Solar Generation Stations not located within an Agricultural Zoning District shall require submittal of a Major Site Plan application concurrent with a Conditional Use Permit, when required. a) In Zoning Districts in which a Major Site Plan application is required, the development shall be subject to the following supplemental criteria: I. Physical access to a sSolar gGeneration sStation shall be restricted by fencing or walls. Razor wire is prohibited. All fencing and wall details shall be provided for review and approval as part of the required site plan. 2. The devices that capture energy and convert it to electricity shall not be placed in wetlands, environmentally sensitive resources or habitats, imperiled and critically imperiled habitats as defined by the Florida Natural Areas Inventory, and/or buffers. Any environmental impacts from such devices, or any component of a-sSolar gGeneration sStation, shall only be allowed in compliance with the provisions of the County's Comprehensive Plan and Land Development Code. Ordinance 23-05 Page 3 of 13 underline is for addition str''t'" g" is for deletion Page 239 of 438 3. All devices that capture and convert energy to electricity shall be located at least fifty (50) feet from any lot line under separate ownership, unless otherwise approved by the Board of County Commissioners. 4. All sSolar gGeneration sStation sites must comply with the landscaping and screening requirements of the Land Development Code. The perimeter buffer landscaping requirements may be waived by the Board of County Commissioners, if it is shown to the satisfaction of the Commission that the adjoining property owners have no objection to the landscaping waiver. Interior vehicular use area landscaping requirements may be waived by the Commission, to the extent necessary to ensure optimal solar access. The Board of County Commissioners may require additional landscaping to enhance compatibility with adjacent land uses. 5. On -site power lines shall be placed underground to the maximum extent possible. b) In Zoning Districts in which a Minor Site Plan application is required the development shall be subject to the following supplemental criteria: 1. Physical access to a sSolar gGeneration sStation may be restricted by fencing or walls. Razor wire is prohibited. All fencing and wall details shall be provided for review and approval as part of the required site plan. 2. The devices that capture energy and convert it to electricity shall not be placed in wetlands, environmentally sensitive resources or habitats, imperiled and critically imperiled habitats as defined by the Florida Natural Areas Inventory, and/or buffers: Any environmental impacts from such devices, or any component of a-sSolar gGeneration sStation, shall only be allowed in compliance with the provisions of the County's Comprehensive Plan and Land Development Code. 3. All devices that capture and convert energy to electricity shall comply with the setback regulations of the underlying Agricultural Zoning District, or provide a 25ft. setback, whichever is less. 4. Perimeter buffers and landscaping requirements are only required for property lines that are directly adjacent to established residential uses and which are not separated by a public right-of-way or South Florida Water Management District Canal. When a Solar Generation Station is adjacent to a non-agricultural zoning district the buffer and landscape requirements for the underlying agricultural zoning district shall apply. The perimeter buffer landscaping requirements may be waived by the Board of County Commissioners, if it is shown to the satisfaction of the Commission that the adjoining property owners from the nonagricultural zoning district property have no objection to the landscaping requirement being waived. Ordinance 23-05 Page 4 of 13 underline is for addition strike though is for deletion Page 240 of 438 5. On- site power lines shall be placed underground to the maximum extent possible. 6. The paving requirements within Section 7.05.07.B. shall not apply to sSolar gGeneration sStation that utilize unpaved public or private roads and roadways for access. 7. The minimum frontage requirement for a Solar Generation Station in the AG-5, AG-2.5 or AG-1 I Zoning District is zero (0) feet, provided legal and sufficient ingress and egress to the facility is demonstrated to the satisfaction of the County Attorney, the County Engineer and the Planning and Development Services Director. Where such access to a Solar Generation Station site relies upon an easement, easements, or any interest in land that is less than fee simple ownership, the Final Development Order granting Minor Site Plan approval and the Site Plan shall identify the Book and Page where such easement or other right of access is recorded in the Official Records of St. Lucie County. The Development Order and the Site Plan shall contain the followina statement: "NEITHER ST. LUCIE COUNTY NOR ANY OTHER GOVERNMENTAL OR PUBLIC AGENCY IS RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS, OR RIGHTS -OF -WAY PROVIDING INGRESS AND EGRESS OR DRAINAGE SERVICE TO THE PROPERTY THAT IS THE SUBJECT OF THIS DEVELOPMENT ORDER." B. Accessory and Other Non -Utility Solar Energy Systems. In addition to other applicable sections of this Code, accessory solar and other non -utility solar energy systems shall be subject to the following provisions: All solar panels and devices are considered structures and subject to the requirements from the Land Development Code, together with all other applicable building codes and ordinances, unless otherwise provided for in this Code. Solar panels installed on roofs are exempt from the building height requirements. Solar panels installed on rooftops shall be located at least three (3) feet from the roof edge. 2. Non -roof installed solar energy devices integrated into the architecture of the building, such as the walls of the building, shall be no greater than ten (10) feet above the maximum height requirements of the zoning district. 3. Ground or pole mounted systems shall be limited to a height often( 10) feet above the base floor elevation of the primary structure. Ordinance 23-05 Page 5 of 13 underline is for addition strike though is for deletion Page 241 of 438 4. Solar energy systems shall not be located in front or side corner yards of any parcel, unless the following are met: 4 a) the conditions of the side and back yards prohibit the installation of a system, and 2 b) the lot is one (1) acre or greater, and 3 c) adequate buffering along the adjacent roadway is provided, and 4 d) the location is approved by the Director of Planning and Development Services. 5. Solar ground and pole mounted systems less than six ( 6) feet in height may encroach into the side and rear setback area, but in no case shall the system be located closer than five ( 5) feet from the property line. Where the system is higher than six (6) feet in height the setback requirements of the zoning district shall apply. 6. Solar collectors may be co -located on communication towers, and parking lot and street light poles, in which case the height and setback requirements for said tower/pole shall apply. 7. All new exterior electrical lines and utility wires connecting a ground or pole mounted solar system to the building it serves shall be buried underground. 8. The Board of County Commissioners may allow for a modification of these accessory use provisions when the proposed solar energy system will serve buildings within a planned development project. The modification shall be identified on the site plan graphics and within the resolution granting approval to the planned development. 9. Waiver. In the event any of the provisions in this Ssubsection have the effect of prohibiting or precluding the installation of a solar energy system, the applicant shall have the right to apply for a waiver from these provisions to the Director of Planning and Development Services or designee. The Director may grant a waiver upon determining that strict application of the Code would result in prohibiting the installation of a solar energy system. 10. Landscape Waiver. The Environmental Resources Director may waive the landscaping requirements of the Land Development Code to the extent necessary to ensure optimal solar access. 11. Any approval of a solar energy system does not create any actual or inferred solar energy system easement against adjacent property and/ or structures. The owner and/or property owner of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to or higher than the property location of the solar energy system. The approval of any solar energy system granted by St. Lucie County shall Ordinance 23-05 Page 6 of 13 underline is for addition strike though is for deletion Page 242 of 438 not create any future liability or infer any vested rights to the owner and/ or property owner of the solar energy system on the part of the County for any future claims against said issuance of approval of the solar energy system that result from reliance on this section or any administrative decision lawfully made thereunder. ************************ CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.04.00. - AREA, YARD, HEIGHT, AND OPEN SPACE REQUIREMENTS 7.04.01. - Requirements. Ordinance 23-OS Page 7 of 13 underline is for addition strike though is for deletion Page 243 of 438 TABLE 7-10 LOT SIZE AND DIMENSIONAL REQUIREMENTS Maximum Gross Density (Du/Ac)(a) Minimum Lot Area Minimum Lot Width Minimum Road Frontage Minimum Yard Max. #krt. Bldg Hit Max. Lot Coverage by Buildings Front Rear Side Side @ corner AR-1 AGRICULTURAL RESIDENTIAL 1 43,560 150 30 50 30 20 30 35 20% RE-1 RESIDENTIAL, ESTATE - 1 1 43,560 150 30 50 30(g) 20 30 35 20% RE-2 RESIDENTIAL, ESTATE - 2 2 17,500 100 100 25(I) 15(I) 10(I) 20(I) 35 20% RS-2 RESIDENTIAL, SINGLE-FAMILY - 2 2 15,000 100 30 25(I) 15(g)(1) 10(I) 20(I) 35 20% RS-3 RESIDENTIAL, SINGLE-FAMILY - 3 3 10,000 75 30 25(I) 15(g)(1) 10(I) 20(I) 35 30% RS-4 RESIDENTIAL, SINGLE-FAMILY - 4 4 10,000 75 30 25(1) 15(g)(1) 7.5(1) 20(I) 35 30% RMH-5 RESIDENTIAL, MOBILE HOME - S 5 10,000 75 30 25(1) 15(1) 10(1) 20(1) 35 35% RM-5 RESIDENTIAL, MULTIPLE FAMILY-5 5 MULTIPLE FAMILY 10,000 100 60 25(b)(1) 15(b)(1) 10(b)(1) 20(b)(1) 35(b,i) 40% SINGLE-FAMILY DEVELOPMENT LOT 10,000 75 30 25(1) 15(g)(1) 7.5(1) 20(1) 35 30% SINGLE-FAMILY DEVELOPMENT LOT 8,000(f) 75 30 25(1) 15(g)(1) 7.5(1) 20(1) 35 30% RM-7 RESIDENTIAL, MULTIPLE FAMILY-7 7 MULTIPLE FAMILY 10,000 100 60 25(b)(1) 15(b)(1) 10(b)(1) 20(b)(1) 35(b,i) 40% SINGLE-FAMILY DEVELOPMENT LOT 10,000 75 30 25(1) 15(g)(1) 7.5(1) 20(1) 35 30% SINGLE-FAMILY DEVELOPMENT LOT 8,000(f) 75 30 25(1) 15(g)(1) 7.5(I) 20(I) 35 30% RM-9 RESIDENTIAL, MULTIPLE FAMILY-9 9 MULTIPLE FAMILY 10,000 100 60 25(b)(1) 15(b)(1) 10(b)(1) 20(b)(1) 35(b,i) 40% SINGLE-FAMILY DEVELOPMENT LOT 10,000 75 30 25(1) 15(g)(1) 7.5(1) 20(1) 35 30% SINGLE-FAMILY DEVELOPMENT LOT 8,000(f) 75 30 25(1) 15(g)(1) 7.5(1) 20(1) 35 30% RM-11 RESIDENTIAL, MULTIPLE FAMILY - 11 11 MULTIPLE FAMILY 10,000 100 60 25(b)(1) 15(b)(1) 10(b)(1) 20(b)(1) 35(b,i) 40% SINGLE-FAMILY DEVELOPMENT LOT 10,000 75 30 25(1) 15(g)(1) 7.5(1) 20(1) 35 30% SINGLE-FAMILY DEVELOPMENT LOT 8,000(f) 75 30 25(1) 15(g)(1) 7.5(1) 20(1) 35 30% RM-15 RESIDENTIAL, MULTIPLE FAMILY - 15 15 FINAL DRAFT Ordinance 23-05 Page 8 of 13 underline is for addition strike though is for deletion Page 244 of 438 TABLE 7-10 LOT SIZE AND DIMENSIONAL REQUIREMENTS Maximum Gross Density (Du/Ac)(a) Minimum Lot Area Minimum Lot Width Minimum Road Frontage Minimum Yard Max. #krt. Bldg Hit Max. Lot Coverage by Buildings Front Rear Side Side @ corner MULTIPLE FAMILY 10,000 100 60 25(b)(1) 15(b)(1) 10(b)(1) 20(b)(1) 35(b,i) 40% SINGLE-FAMILY DEVELOPMENT LOT 10,000 75 30 25(l) 15(g)(1) 7.5(l) 20(l) 35 30% SINGLE-FAMILY DEVELOPMENT LOT 8,000(f) 75 30 25(1) 15(g)(1) 7.5(1) 20(1) 35 30% CN COMMERCIAL NEIGHBORHOOD 0 10,000 75 60 25 20 10 20 35 50% CO COMMERCIAL OFFICE 0 10,000 75 60 25 20 10 20 35 50% CIS COMMERCIAL GENERAL (d) 20,000 100 60 25(b) 20(b) 10(b) 20(b) 60(b,i) 50% CR COMMERCIAL RESORT (m) 217,800 100 60 25(b) 20(b) 10(b) 20(b) 60(b,i) 30% IL INDUSTRIAL LIGHT 0 20,000 100 60 25 20 10 20 50(i) 50% IH INDUSTRIAL HEAVY 0 43,560 200 60 50 40 30 50 80(i) 50% IX INDUSTRIAL EXTRACTION 0 435,600 (c) (c) (c) (c) (c) (c) (c,i) (c) U UTILITIES 0 43,560 200 60 40 30 20 20 40 30% AG-1 AGRICULTURAL- 1 1 43,560 150 60ll 50 30 20 30 80(i) 20% (j) AG-2.5 AGRICULTURAL- 2.5 0.4 108,900 150 60ll 50 30 20 30 80(i) 15% (j) AG-5 AGRICULTURAL- 5 0.2 217,800 150 60 Lnj 50 30 20 30 80(i) 10% (j) R/C RESIDENTIAL/ CONSERVATION 0.2 217,800 150 60 50 30 20 30 80(i) 2% Cpub CONSERVATION - Public 0 (k) (k) (k) 50 30 20 30 (k) (k) I INSTITUTIONAL 0 20,000 100 60 25 20 20 20 40(e,i) 30% RF RELIGIOUS FACILITIES 0 20,000 100 60 25 20 20 20 40(i) 30% PUD PLANNED UNIT DEVELOPMENT SEE SECTION 7.01.03 PNRD PLANNED NON-RESIDENTIAL DEVELOPMENT SEE SECTION 7.02.03 PMUD PLANNED MIXED USE DEVELOPMENT SEE SECTION 7.03.03 HIRD HUTCHINSON ISLAND RESIDENTIAL DISTRICT SEE SECTION 3.01.03(AA) (b), (d), (i) FINAL DRAFT Ordinance 23-05 Page 9 of 13 underline is for addition strike though is for deletion Page 245 of 438 TABLE 7-10 LOT SIZE AND DIMENSIONAL REQUIREMENTS Maximum Minimum Minimum Minimum Minimum Yard Max. KM. Max. Lot Gross Density Road Coverage by Lot Area Lot Width Side @ Bldg H¢t (Du/Ac)(a) Frontage Front Rear Side Buildings corner NOTES (a) Expressed as dwellings/per acre. (i) For any development activity on Hutchinson Island, refer to Section 4.01.00, Hutchinson Island - Building Height Overlay Zone. (b) For three (3) or more dwelling units, motel, or hotel uses, use the building spacing formula (j) For aquaculture production activities, the maximum percentage of lot coverage by building is identified in Section 7.04.03. fifty percent (50%). All buildings are subject to meeting the applicable stormwater management standards and requirements of this code. For the purpose of this section, aquaculture means the cultivation of aquatic organism and aquacultural products as defined in F.S. Ch. 597.0015. (c) For Industrial extraction uses, refer to Mining Regulations, Section 6.06.00. (k) There shall be no minimum lot size required forthe Cpub zoning district, howeverthe minimum yard setback for any structures erected on any site zoned Cpub shall be as identified. (d) Maximum net density of thirty-six (36) guest units/acre, except for North and South Hutchinson (1) For accessible handicap ramps the required yard setback may be reduced to fifty percent (50%) Island. For hotel/motel development density on North and South Hutchinson Island refer to of the minimum setback requirement. The accessible handicap ramp permitted under this Policy 1.1.10.2 of the St. Lucie County Comprehensive Plan. amendment shall not have a roof or be enclosed and shall not provide for a deck or landing larger than is necessary to be in compliance with the Florida Accessibility Code for Building Construction. A Physician's Certification Form and proper Building Permit Application documentation is required. (e) All structures in excess of forty (40) feet shall comply with the provision of Section 7.04.03. (m) Maximum hotel/motel density of thirty-six (36) guest units/acre. For hotel/motel projects containing condominium hotel units (as defined in the Land Development Code) the total number of hotel/motel units of any kind (including condominium hotel units) may not exceed 36 units per acre. (f) With central water. (g) For enclosed storage structures, greenhouses, child's playhouse and gazebos, this dimension may be reduced to five (5) feet. (h) Ten thousand (10,000) square foot lots permitted when use limitations consistent with the CN and CO zoning districts (see Section 3.01.03(Q) and (R). FINAL DRAFT ll For Solar Generation Stations, see Section 7.10.28 A.1.(b)7. Ordinance 23-05 Page 10 of 13 underline is for addition °tFike though is for deletion Page 246 of 438 CHAPTER XI ADMINISTRATION AND ENFORCEMENT 11.03.00. PROCEDURE FOR PLATTING 11.03.01. Platting Requirements. A. Generally. Where a proposed Minor Site Plan, Major Site Plan, or Planned Development includes the subdivision of land, a condition of the Final Development Order shall be approval by the Board of County Commissioners of a plat conforming to the site plan and the provisions of this Section. The plat requirements of this Section require review and approval of construction plans, a preliminary record plat and a final record plat. B. Exceptions to Platting. The only exceptions to this the platting requirements of this chapter are set forth in this subsection: 1. If the application for a building permit is for the development of a single-family dwelling unit or duplex on a Lot of Record as of August 1, 1990; or, 2. If the application for building permit is for the development on a multi -family or non- residential parcel which is less than five (5) acres in size on a Lot of Record as of August 1, 1990; or, 3. The Ddivision or redivision of land into parcels of not less than 20 acres each, for a bona fide agricultural use, where no new streets or easements of access are planned to be dedicated to and accepted by the public. Deeds and other conveyances shall include, in red, ten -point type, the following statement: "NEITHER ST. LUCIE COUNTY NOR ANY OTHER GOVERNMENTAL OR PUBLIC AGENCY IS RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS, OR RIGHTS -OF -WAY PROVIDING INGRESS AND EGRESS OR DRAINAGE SERVICE TO THE PROPERTY HEREIN CONVEYED. or, 4. The division or redivision of platted or un-platted land in the AG-5, AG-2.5 or AG-1 zoning districts for the purpose of developing and operating a Solar Generation Station for which a Site Plan has been approved in accordance with LDC 7.10.28. and where no new streets or easements of access are planned to be dedicated to and accepted by the public. Deeds and other conveyances shall include in red, ten point type, the following statement: " NEITHER ST. LUCIE COUNTY NOR ANY OTHER GOVERNMENTAL OR PUBLIC AGENCY IS RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS, OR RIGHTS -OF -WAY PROVIDING INGRESS AND EGRESS OR DRAINAGE SERVICE TO THE PROPERTY HEREIN CONVEYED." -,or, Ordinance 23-05 Page 11 of 13 underline is for addition strike though is for deletion Page 247 of 438 5. 4. The conveyance of land to a federal, state, county, or municipal governmental agency, entity, political subdivision, or a public utility as defined herein. C. Dry Model Construction. The Board of County Commissioners shall by agreement, allow a building permit(s) for a maximum of four (4) residential units to be issued after approval of a Preliminary Record Plat and construction plans but before approval of a Final Record Plat, provided no certificate of occupancy is issued prior to recordation of the Final Plat. D. Requirements for Geodetic Control. A minimum of two boundary monuments for all plats shall be tied by a closed field traverse to the nearest approved St. Lucie County Geodetic Control Station and Azimuth Mark, or to other control points established by a Global Positioning System (GPS), or any St. Lucie County Traverse Stations, or any horizontal Control Stations which are listed with the National Geodetic Survey. Field traverse from the Plat Boundary to the control stations shall meet the minimum closure standards specified within Chapter 61G17-6, Florida Administrative Code. Copies of all field notes of the geodetic tie in and traverse closure shall be submitted with all preliminary plat submittals. E. Requirements for Digital Plat Submissions. Prior to the recording of any final plat consisting of 10 or more lots, a CAD file in a DWG or DXF format shall be provided to St. Lucie County showing all final plat survey data. The purpose of this CAD file is to facilitate direct updates to the County's Geographic Information System (GIS). The coordinate positions within this file should be rotated and translated to North American Datum of 1983/adjustment of 1990 (NAD 83/90), State Plane Coordinates, Florida East Zone. Conversion of ground distance to grid distance will not be required. Proposed plats of less than ten (10) lots shall not be required to submit a digital copy of the final record plat, except that where available, the submission of this material is encouraged. ************************ PART B. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, 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. 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. PART D. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable in the unincorporated area of St. Lucie County. Ordinance 23-05 Page 12 of 13 underline is for addition strike though is for deletion Page 248 of 438 PART E. 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 F. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Cathy Townsend, Chair xxx Linda Bartz, Vice Chair xxx Chris Dzadovsky, Commissioner xxx Jamie Fowler, Commissioner xxx Larry Leet, Commissioner xxx PART H. CODIFICATION. Provisions of this Ordinance shall be incorporated in the St. Lucie County Code and Complied Laws, 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 H shall not be codified. PASSED AND DULY ENACTED this 21st day of March, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA la Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Ordinance 23-05 Page 13 of 13 underline is for addition strike though is for deletion Page 249 of 438 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF PUBLIC HEARING ON THE PROPOSED AMENDMENT OF THE LAND DEVELOPMENT CODE March 21, 2023 The St. Lucie County Board of County Commissioners is scheduled to consider and take action on the second reading of the following proposed Ordinance: ORDINANCE 2023-XX File No. TLDC — 2212-000019 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, BY AMENDING SECTION 2.00.00, DEFINITIONS TO ADD THE TERM BONA FIDE AGRICULTURAL USE AND TO CLARIFY THE TERM SOLAR GENERATION STATION; BY AMENDING SUBSECTION 7.10.28. TO ADDRESS MINIMUM ROAD FRONTAGE REQUIREMENTS FOR SOLAR GENERATION STATIONS IN THE AG-1, AG-2.5 OR AG-5 ZONING DISTRICTS AND TO CLARIFY THE TYPE OF SOLAR ENERGY SYSTEMS DISCUSSED IN THIS SUBSECTION; BY AMENDING SECTION 11.03.01. PLATTING REQUIREMENTS, TO CLARIFY AND UPDATE THE PLATTING PROCESS AND ADD EXCEPTIONS TO PLATTING REQUIREMENTS FOR SOLAR GENERATION STATIONS; AND AMENDING TABLE 7-10 TO ADD FOOTNOTE "N" ADDRESSING FRONTAGE REQUIREMENTS FOR SOLAR GENERATION STATIONS IN THE AG-1, AG-2.5 OR AG-5 ZONING DISTRICTS AND TO CLARIFY THE ZONING DISTRICTS IN WHICH NO RESIDENTIAL DENSITY IS ALLOWED; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. FILE NUMBER: TLDC-2212-000019 PURPOSE: A public hearing will be held on the request to amend the Land Development Code to exempt Solar Generation Stations proposed for the AG-5, AG-2.5 and AG-1 Zoning Districts from the minimum road frontage requirements so long as legal and sufficient access to the facility is demonstrated and to exempt Solar Generation Stations from platting requirements. Additionally, staff has proposed a clarification to Table 7-10, Lot Size and Dimensional Requirements, regarding zoning districts in which no dwelling units are permitted. The PUBLIC HEARING will be held in the Commission Chambers, Roger Poitras Annex, 3r1 Floor, St. Lucie County Administration Building, 2300 Virginia Ave., Fort Pierce, Florida on Tuesday. March 21.2023.9:00 am or as soon thereafter as it may be heard. Public Hearings may be continued from time to time as necessary. All interested persons will be allowed to be heard. Written comments received in advance of the public hearing will also be considered. Written comments should be received by the Planning and Development Services Department - Planning Division by March 17, 2023. The application is available for review atthe Planning and Development Services Dept. —Planning Division located at 2300 Virginia Ave., Fort Pierce, FL during regular business hours. Please call (772) 462-1562 orTDD (772) 462-1428 if you have questions or require additional information. The St. Lucie Board of County Commissioners has power to the approve or disapprove any applications within their area of responsibility. The proceedings of the Planning and Zoning Commission are electronically recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made with respect to any matter considered at a public meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, 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. If it becomes necessary, a public hearing may be continued to a date certain. Anyone with a disability requiring an accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/CATHYTOWNSEND, CHAIR Page 250 of 438 PUBLICATION DATE: March 10, 2023 TR-GCI1C AGENDA REQUEST TO: Board of County Commissioners RES-2023-29 PUBLIC HEARINGS - PUBLIC WORKS DATE: 3/21/2023 *RESOLUTION ITEM - NON AD - VALOREM ASSESSMENT QUASI-JUDICIAL ITEM? NO PRESENTED BY: Barbara Guettler, MSBU Coordinator SUBMITTED BY: Public Works SUBJECT: Culvert 2023-03 Municipal Services Benefit Unit - Assessment Resolution BACKGROUND: Stormwater culverts direct and channel the flow of stormwater under driveways, roads, sidewalks and other obstructions and are an integral component of stormwater management. Culverts fail over time due to maintenance, environmental or installation issues. Culvert failure can lead to localized flooding which may impede safe conditions of ingress and egress for owners and residents of property in the affected area as well as the traveling public, visitors, emergency responders and other public service providers. Some culvert owners may lack the resources to pay for improvements and repairs. In February 2021, the Board established a voluntary program, Ordinance No. 21-004, to which eligible property owners can apply for and receive funding to improve or repair culverts and then repay this funding through the imposition of a non -ad valorem special assessment against the improved property collected in annual installments on the tax roll. The attached Resolution No. 2023-29 is the Assessment Resolution as required by County's Ordinance No. 21- 004, as amended. The purpose of this resolution relates to the imposition and collection of special assessments to fund stormwater culvert improvements within the Culvert 2023-03 MSBU, determine that real property therein will be specially benefitted, establish the method of assessing the cost of the improvements, approve the assessment roll, and provide an effective date. PREVIOUS ACTION: February 23, 2021- the Board adopted Ordinance No. 21-004, establishing a program to fund the improvement and repair of stormwater culverts through the imposition of special assessments. FINANCIAL IMPACT: N/A RECOMMENDATION: Page 251 of 438 Staff recommends Board approval of Resolution No. 2023-29, the Culvert 2023-03 MSBU Final Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures 1 Date: March 01, 2023 Patrick Dayan, Public Works Director Date: March 04, 2023 Daniel McIntyre, County Attorney Date: March 05, 2023 Mayte Santamaria, Deputy County Administrator Page 252 of 438 RESOLUTION NO.2023-29 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE IMPOSITION AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND STORMWATER CULVERT IMPROVEMENTS; ESTABLISHING THE CULVERT 2023-03 MUNICIPAL SERVICE BENEFIT UNIT; DETERMINING THAT THE REAL PROPERTY COMPRISING SUCH MUNICIPAL SERVICE BENEFIT UNIT WILL BE SPECIALLY BENEFITED BY THE CULVERT IMPROVEMENTS; DESCRIBING 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 PARCELS DESCRIBED IN THE ASSESSMENT ROLL; PROVIDING THE METHOD OF COLLECTION; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution of the St. Lucie County Board of County Commissioners (the 'Board") is adopted pursuant to the provisions of Chapter 40, Article VIII of the County Code of Ordinances, as amended (the "Assessment Ordinance"), sections 125.01 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This Resolution is the Assessment Resolution for the Culvert 2023-03 MSBU. All capitalized words and terms not otherwise defined herein shall have the meaning set forth in the Assessment Ordinance. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Assessed Parcel" or "Parcel" means a parcel of real property subject to the Culvert Assessments imposed hereunder, identified by the distinct ad valorem property tax identification number assigned by the Property Appraiser. 1 Page 253 of 438 "Collection Costs" means costs incurred by the County in the annual collection and administration of the Assessments, including but not limited to fees imposed by the Property Appraiser and Tax Collector and amounts necessary to account for statutory discounts for the early payment of property taxes and non -ad valorem assessments. "County" means St. Lucie County, Florida. "Culvert 2023-03 Municipal Service Benefit Unit" or "Culvert 2023-03 MSBU" means the Culvert 2023-03 Municipal Service Benefit Unit as described in Section 6 and Appendix C hereof. The Culvert 2023-03 MSBU shall constitute an Assessment Area within the meaning of the Assessment Ordinance. SECTION 3. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 4. FINDINGS. It is hereby ascertained, determined and declared that: (A) Culverts direct and channel the flow of stormwater under driveways, roads, sidewalks and other obstructions and are an integral component of proper stormwater management by preventing hazardous flood conditions on public rights of way and thereby ensuring safe passage for vehicles and pedestrians during and in the aftermath of rainfall events. (B) Culverts may fail over time due to maintenance, environmental or installation issues, failures related to capacity and volume causing the erosion of the soil around or under 2 Page 254 of 438 them, and structural or material failures that cause culverts to fail due to collapse or corrosion of the materials from which they are made. (C) Culvert failure can lead to localized flooding which may impede safe conditions of ingress and egress for owners and residents of property in the affected area, the traveling public, visitors, emergency responders and other public service providers. (D) In many instances, culverts are constructed or located to serve as access to private property such that the culvert is owned by, and the maintenance, improvement and repair of the culvert is the responsibility of, private property owners. (E) Such owners may recognize the potentially dangerous conditions caused by culvert failure but nonetheless lack the resources or ability to pay for improvements or repairs. (F) In light of the paramount public purpose served by proper management of stormwater and the prevention of hazardous flood conditions on public rights of way, the Board adopted the Assessment Ordinance to establish a program pursuant to which eligible Property Owners can apply for and receive funding to improve or repair culverts and then repay such funding through the imposition of a non -ad valorem special assessment against the improved property, collected in annual installments pursuant to the Uniform Assessment Collection Act. (G) The County is authorized by Article VIII, Section 1 of the State Constitution and Sections 125.01 and 197.3632, Florida Statutes, to provide for the imposition and collection of charges in the form of non -ad valorem special assessments. (H) Participation in the culvert improvement program established by the Assessment Ordinance is voluntary, with the Culvert Assessments imposed solely upon the request of and at 3 Page 255 of 438 the option of eligible Property Owners who have entered into a Financing Agreement with the County. (I) The special benefits conveyed to Assessed Parcels by the Culvert Improvements include, but are not limited to, increased use, enjoyment and marketability, and remediating potentially hazardous conditions for ingress and egress to the property by Property Owners, emergency response personnel, public service providers and others, resulting from failure of existing culvert facilities and development of the property from its natural state. Assessed Parcels are further benefitted by the Property Owner's ability to finance the acquisition and installation of Culvert Improvements over time through the imposition of Culvert Assessments. (J) The Culvert Assessment imposed against the Assessed Parcel(s) comprising the Culvert 2023-03 MSBU is based upon the actual cost of the Culvert Improvements proposed for the respective Parcels, together with an amount not to exceed 5% of the Culvert Assessment to cover overhead expenses including but not limited to recording fees, credit reports and title searches. The total amount of the Culvert Assessment is set forth in the Financing Agreement for each Parcel and agreed upon by the Property Owner(s). (K) Such method of calculating the Culvert Assessment for Assessed Parcels is therefore a fair and reasonable method for apportioning the costs of the Culvert Improvements and the special benefit conveyed thereby among Assessed Parcels which bears a reasonable relationship to the cost of providing the improvements. (L) The County has received a Financing Agreement signed by the Property Owner(s) for each Parcel comprising the Culvert 2023-03 MSBU. 4 Page 256 of 438 (M) The Board hereby finds and determines that the Culvert Assessments to be imposed in accordance with this Resolution provide a proper and equitable method of funding the Culvert Improvements by fairly and reasonably apportioning the costs and benefits thereof among Assessed Parcels. (N) As required by the terms of the Assessment Ordinance, 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. (0) Such public hearing was duly held on March 21, 2023 and comments and objections of all interested persons have been heard and considered as required by law. (P) 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. (Q) The special benefits derived by Assessed Parcels from the Culvert Improvements, exceed the amount of the Assessments levied and imposed hereunder. The Assessment for any Parcel subject thereto does not exceed the proportional benefits that such Parcel will receive compared to any other Parcel. (R) The Board hereby finds and determines that the Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Culvert Improvements by fairly and reasonably allocating the costs associated therewith among specially benefited property. 5 Page 257 of 438 SECTION 5. RATIFICATION AND CONFIRMATION OF PRIOR ACTIONS. Any and all prior actions of the Board, the Assessment Coordinator and County staff associated with creation of the Culvert 2023-03 MSBU and the imposition of Assessments therein to fund the Culvert Improvements, including but not limited to the provision of mailed and published notices, are hereby approved, ratified and confirmed in their entirety. SECTION 6. ESTABLISHMENT OF CULVERT 2023-03 MSBU. The Culvert 2023-03 MSBU, the description of which is set forth in Appendix C hereto, is hereby established. SECTION 7. ASSESSMENTS. (A) Culvert Assessments are hereby imposed against the Assessed Parcel(s) included on the Assessment Roll for the Culvert 2023-03 MSBU. (B) The total amount of the Culvert Assessment and the maximum annual installment of the Culvert Assessment for each Parcel, including annual interest at the rate of 2.5% and Collection Costs, are included in Appendix C and the Financing Agreement for each Parcel. (C) The Culvert Assessment shall constitute a lien against Assessed Parcels 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. SECTION 8. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file in the office of the Assessment Coordinator and incorporated herein by reference, is hereby approved. A copy of the 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 0 Page 258 of 438 Parcel can be determined by use of a computer terminal or internet access available to the public. SECTION 9. COLLECTION OF ASSESSMENTS. (A) The owner(s) of Assessed Parcels may prepay the Culvert Assessment in full at any time by paying the principal amount owing on the Culvert Assessment, and accrued interest through the prepayment date, less a credit for the principal and interest component of any annual installment not yet paid but certified for collection pursuant to the Uniform Assessment Collection Act. Parcels for which the Assessment has been paid in full shall be removed from the Assessment Roll prior to its certification to the Tax Collector. (B) Assessments which are not prepaid shall be collected in not more than ten (10) annual installments pursuant to the Assessment Ordinance and Uniform Assessment Collection Act, commencing with the property tax bill mailed in November 2023. The Assessment Coordinator is authorized to cause the certification and delivery of the Assessment Roll to the Tax Collector by September 15, 2023 in the manner prescribed by the Uniform Assessment Collection Act. (C) The principal balance of the Assessment shall not be accelerated upon sale or conveyance of Assessed Parcels but may be paid in full at any time at the option of the owner thereof. SECTION 10. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein 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 7 Page 259 of 438 adoption of this Resolution. SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. AFTER MOTION AND SECOND, the vote on this Resolution was as follows: Cathy Townsend, Chair Linda Bartz, Vice Chair Chris Dzadovsky, Commissioner Jamie Fowler, Commissioner Larry Leet, Commissioner PASSED AND DULY ADOPTED this 21s' day of March 2023. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney 0 Page 260 of 438 APPENDIX A PROOF OF PUBLICATION A-1 Page 261 of 438 APPENDIX B 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 February 28, 2023, I facilitated and directed mailed notice of a public hearing to be held on March 21, 2023, by the St. Lucie County Board of County Commissioners for purposes of receiving public comment on the creation of the Culvert 2023-03 MSBU and the imposition of Culvert Assessments therein from the public and affected Property Owners and consider adoption of an Annual Assessment Resolution approving the Assessment Roll and directing certification and delivery thereof to the Tax Collector. The notices were mailed in accordance with Section 40-268 of the County Code of Ordinances, as amended, to each owner of real property located within the proposed Culvert 2023-03 MSBU 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. FURTHER AFFIANT SAYETH NAUGHT. Barbara Guettler, affiant STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing Affidavit of Mailing was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of , 2023, by Barbara Guettler. She is personally known to me or has produced as identification and did take an oath. (SEAL) Printed/Typed Name: Notary Public -State of Commission Expires:_ M1 Page 262 of 438 APPENDIX C DESCRIPTION OF CULVERT 2023-03 MUNICIPAL SERVICE BENEFIT UNIT AND ASSESSMENT AMOUNTS The following table describes the Parcels comprising the Culvert 2023-03 Municipal Service Benefit Unit, together with the total amount of the Culvert Assessment and the annual installment for each Parcel. Parcel Identification Number Total Culvert Assessment Annual Installment 3402-609-0170-000-4 $S,21S.09 $93B.99 3402-609-0174-0.00-2 $9,219.09 $93S.99 3402-609-0251-000-6 $9,711.17 $995.33 3402-609-0696-000-7 1301-602-0042-000-1 3402-609-0678-000-5 10, 249.5 0 1, 245.72 7,944.15 5907.69 5,479.72 5625.99 C-1 Page 263 of 438 TO: 19.1m:11,131417 YA SUBMITTED BY: cu m i pCT- BACKGROUND: AGENDA REQUEST Board of County Commissioners George Landry, County Administrator County Administration 10.A.1. 2023-58707 REGULAR AGENDA - COUNTY ADMINISTRATION DATE: 3/21/2023 *ACTION ITEM - BOARD APPOINTMENT QUASI-JUDICIAL ITEM? No Appointment to the Planning & Zoning Commission - At -Large Member Vacancy There is one At -Large vacancy due to the February 17, 2023, resignation of Beau Slay. We have received applications from eleven (11) qualified applicants and their applications are attached for Board consideration. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board vote and appoint one representative to fill the At -Large seat on the Planning & Zoning Commission. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Page 264 of 438 Date: March 13, 2023 Benjamin Balcer, Planning & Development Services Director *14 Date: March 14, 2023 Daniel McIntyre, County Attorney Date: March 14, 2023 George Landry, County Administrator Page 265 of 438 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: �N\ rle- LCl- W • � � (_��w 2. Home Phone: -1-13, - � b (, - `) S.a 3 Cell Phone: `-1-1 Work Phone: rl I q E-mail: W 0, n S g d n-jc , cn 3. Home Address: ISO `) 6Lc_e.(0(xo4, k`e-nL 3�( 4. Current Employer/Occupation: (Ve-m04ed 5. Business Address: r\. 14 6. Brief summary of education & work experience: (Please attach resume if available) Las r�e�S l l � K , s C�;T�e`al ` cs,�5 Q ; Cp l �ktf)-rs lend C, 7. Do you currently serve on any city or county committee(s)? If so, please list: Nf) 8. Other current volunteer activities: 9. Why do you wish to serve on thel committee(s) indicated? I d� &e Cl 1 cQ � k2 l P P-e o lam- . cf V -F� P i �tr c.Q_ c�nJ %urn 1ne.r� y 4 e 4rS ct q o • 1- eCa 10. Are you currently a registered voter in St. Lucie County? ®'Yes 0 No If yes, have you been registered for at least two years preceding this application? [3-fes 0 No 11. Are you currently a St. Lucie County resident? [E] Yes El No If yes, for how long? G4 !J C,C� r,� Page 266 of 438 12. Are you part of a protected class that requires that your personal information be redacted from public view? F__J Yes Ed No 13. 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? 0 Yes E ' o 14. Are you currently charged with a crime, other than noncriminal traffic infractions? 0 Yes E'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 I have read the foregoing and the facts as I have stated are true. Signature��eL, Date 0 � � 19 I a� Please identify the committee/board(s) of your choice: ❑ Affordable Housing Advisory Committee ❑ Art In Public Places ❑ Board of Adjustments (quasi-judicial) ❑ Children Services Council (separate application) ❑ Citizen's Budget Committee ❑ Code Enforcement Board (quasi-judicial) [Community Development Block Grant ❑ Comprehensive Economic Development Strategy ❑ Contractors Examining Board ❑ Early Learning Coalition SLC ❑ Emergency Medical Services Advisory Council ❑ Historical Commission lid' Homelessness Task Force ❑ Housing Finance Authority ❑ Infrastructure Surtax Oversight Committee ❑ Internal Audit Advisory Committee (Clerk of Court) ❑ Investment Committee ❑ Land Acquisition Selection Committee ❑ Library Advisory Board 2-'Planning & Zoning Commission (quasi-judicial) ER"Port of Ft. Pierce Advisory Committee ❑ Public Art & Design Committee ❑ Sustainability Advisory Committee ❑ Tourist Development Council ❑ Treasure Coast Education & Research Dev. Authority ❑ Treasure Coast Health Council, Inc. ❑ Value Adjustment Board (quasi-judicial) APPLICATIONS WILL REMAIN ACTIVE FOR ONE YEAR FROM DATE OF RECIEPT. MEMBERS WILL BE NOTIFIED WITHIN 5 BUSINESS DAYS OF APPOINTMENT. PLEASE VISIT OUR WEBSITE BELOW FOR MORE INFORMATION. Staff Use: Applications may be submitted via e-mail or regular mail: St. Lucie County Administration, Attention: Kelly Lang 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Langk@stlucieco.org Website:www.stlucieco.gov/boards Received Confirmed Receipt Page 267 of 438 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: Michael E. Cook 2. Home Phone: 407-902-3530 Cell Phone: 407-902-3530 Work Phone: Retired E-mail:Mike.Cook58@outlook.com 3. Home Address: 3702 N Hwy A1A #602, Hutchinson Island, Fl- 34949 ' 4. Current Employer/Occupation: Retired 5. Business Address: N/A 6. Brief summary of education & work experience: (Please attach resume if available) BSBA, Marketing/Management; University of Central Florida Pella Window & Doors; District Manager, Indian River, St Lucie and Martin Counties. 1982 - 1985 General Motors Corp; Public Relations Manager, Area Manager, District Sales Manager; 1985 - 1988 Nissan North America; District Sales Mgr, Fixed Operations Mgr, Market Rep Mgr, Advertising Mgr, Financial Mgr; 1988 - 2019 7. Do you currently serve on any city or county committee(s)? If so, please list: No 8. Other current volunteer activities: No 9. Why do you wish to serve on the committee(s) indicated? I have been involved in community building & zoning in both the home construction industry and the National automotive industry and could provide back to my community with my knowledge and experience. I would love to contribute my time to help improve St Lucie County. 10. Are you currently a registered voter in St. Lucie County? FV--1 Yes F--J No If yes, have you been registered for at least two years preceding this application? F,71 Yes C] No 11. Are you currently a St. Lucie County resident? ✓� Yes F-1 No If yes, for how long? 10 years 12. Are you part of a protected class that requires that your personal information be redacted from public view? CJ Yes 0 No 13. 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? 0 Yes 0 No 14. Are you currently charged with a crime, other than noncriminal traffic infractions? 0 Yes 0 No Adjudication withheld or prosecution deferred? =Yes 0 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. Sign atureY`(lc Date 11 /02/2022 Please identify the committee/board(s) of your choice: ❑ Affordable Housing Advisory Committee ❑ Art In Public Places ❑ Board of Adjustments (quasi-judicial) ❑ Children Services Council (separate application) ❑ Citizen's Budget Committee 0 Code Enforcement Board (quasi-judicial) ❑ Community Development Block Grant 0 Comprehensive Economic Development Strategy ❑ Contractors Examining Board ❑ Early Learning Coalition SLC ❑ Emergency Medical Services Advisory Council ❑ Historical Commission ❑ Homeless Advisory Committee ❑ Housing Finance Authority ❑ Infrastructure Surtax Oversight Committee ❑ Internal Audit Advisory Committee (Clerk of Court) ❑ Investment Committee 0 Land Acquisition Selection Committee ❑ Library Advisory Board 0 Planning & Zoning Commission (quasi-judicial) 0 Port of Ft. Pierce Advisory Committee ❑ Public Art & Design Committee ❑ Sustainability Advisory Committee 0 Tourist Development Council ❑ Treasure Coast Education & Research Dev. Authority ❑ Treasure Coast Health Council, Inc. ❑ Value Adjustment Board (quasi-judicial) APPLICATIONS WILL REMAIN ACTIVE FOR ONE YEAR FROM DATE OF RECIEPT. MEMBERS WILL BE NOTIFIED WITHIN 5 BUSINESS DAYS OF APPOINTMENT. PLEASE VISIT OUR WEBSITE BELOW FOR MORE INFORMATION. Applications may be submitted via e-mail or regular mail: St. Lucie County Administration, Attention: Kelly Lang 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Langk@stlucieco.org Website: www.stlucieco.gov/boards Staff Use: Received Confirmed Receipt 'Ibp SW Page 269 of 438 MICHAEL E. COOK 3702 N Hwy A1A, #602, Hutchinson Island, FL 34949 407-902-3530 1 mike.cook58@outlook.com OBJECTIVE To measurably contribute to a community or organization through leveraging my experience, knowledge, and skills. SKILLS & ABILITIES Extensive expertise in the automotive industry including wholesale and retail operations. Specific knowledge in wholesale and retail sales, financing, service, parts, and marketing. Skilled in franchise market representation, advertising, and dealership operations. EXPERIENCE 1982 — 1985 District Manager, Pella Window & Doors, Treasure Coast Market Home construction sales and wholesale operations 1985 — 1988 Public Relations Manager, General Motors Corp, EPCOT Exhibit Management, Facility Operations, Disney Management Coordination 1988 —2000 Dealer Operations Manager, Nissan North America, SCR Dealership retail sales, wholesale parts & service operational management 2000 — 2002 Market Representation Manager, Nissan North America, SCR Dealership Buy/Sells, EM Approvals, Facility packages, Retail performance 2002 — 2004 Regional Advertising Manager, Nissan North America, SCR Regional & dealership advertising planning and implementation 2004 — 2014 Fixed Operations Manager, Nissan North America, SER Dealership fixed operations strategy and service operational improvement 2014 — 2019 Financial Services Manager, Nissan Motor Acceptance Corporation, SER Dealership finance & insurance operations, dealership buy/sells & floor plan approvals. ACCOMPLISHMENTS EDUCATION National Financial Services Manager of the Year —2016 National Ancillary Manager of the Year —2014, 2015, 2016, 2017, 2018 National Service Contract Manager of the Year —2018 Southeast Region Financial Services Manager of the Year 2016, 2017 & 2018 Southeast Region Fixed Operations Accessory Manager of the Year — 2013 South Central Region — Sales Manager of the Year — 1996, 1997, 1998, 1999, 2000 Bachelor of Science, Business Administration, Marketing & Management University of Central Florida Page 270 of 438 RECEIVED NOV 2 1 2022 St. Lucie County Board of County Commissioners CO. ADMINISTRATION 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: Marcia Strange Cully 2. Home Phone: 772-332-5656 Cell Phone: 772-332-5656 Work Phone: E-mail:marciacully@comcast.net 3. Home Address: 6200 Spring Lake Terrace 4. Current Employer/Occupation: Retired Elemrntsary School Principal 5. Business Address: 6. Brief summary of education & work experience: (Please attach resume if available) BS and MSE. 41 years in Education, 36 years with the St. Lucie County Public Schools 7. Do you currently serve on any city or county committee(s)? If so, please list: no 8. Other current volunteer activities: past volunteer at GraceWay Village, INdian River Presbyterian, American Cancer Society 9. Why do you wish to serve on the committee(s) indicated? I have a sincere interest/passion to help protect the rights of the citizens/business owners in St. Lucie County 10. Are you currently a registered voter in St. Lucie County? 0 Yes = No If yes, have you been registered for at least two years preceding this application? es 0 No 11. Are you currently a St. Lucie County resident? Yes Q No If yes, for how longPO years Page 271 of 438 12. Are you part of a protected class that requires that your personal information be redacted from public view? = Yes F_71 No 13. 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 Fv-j No 14. Are you currently charged with a crime, other than noncriminal traffic infractions? = Yes 0 No Adjudication withheld or prosecution deferred? =Yes 0 No If yes to any of above, please provide the following infnrmation- OFFENSE DATE PLACE (CITY, STATE) SENTENCE AND/OR FINE m conviction apes not necessarily disquality 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. Marcia S Cull (j ) Signature y -1SDate Please identify the committee/board(s) of your choice: ❑ Affordable Housing Advisory Committee ❑ Art In Public Places ❑ Board of Adjustments (quasi-judicial) ❑ Children Services Council (separate application) ❑ Citizen's Budget Committee ❑ Code Enforcement Board (quasi-judicial) ❑ Community gevelopment Block Grant ❑ Comprehensive Economic Development Strategy ❑ Contractors Examining Board ❑ Early Learning Coalition SLC ❑ Emergency Medical Services Advisory Council ❑ Historical Commission ❑ Homeless Advisory Committee ❑ Housing Finance Authority Nov. 17, 2022 ❑ Infrastructure Surtax Oversight Committee ❑ Internal Audit Advisory Committee (Clerk of Court) ❑ Investment Committee ❑ Land Acquisition Selection Committee ❑ Library Advisory Board 0 anning & Zoning Commission (quasi-judicial) Port of Ft. Pierce Advisory Committee ❑ Public Art & Design Committee ❑ Sustainability Advisory Committee ❑ Tourist Development Council ❑ Treasure Coast Education & Research Dev. Authority Treasure Coast Health Council, Inc. alue Adjustment Board (quasi-judicial) APPLICATIONS WILL REMAIN ACTIVE FOR ONE YEAR FROM DATE OF RECIEPT. MEMBERS WILL BE NOTIFIED WITHIN 5 BUSINESS DAYS OF APPOINTMENT. PLEASE VISIT OUR WEBSITE BELOW FOR MORE INFORMATION. Applications may be submitted via e-mail or regular mail: St. Lucie County Administration, Attention: Kelly Lang 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Langk@stlucieco.org Website: www.stlucieco.gov/boards Staff Use: Received l �� Confirmed Receipt Page 272 of 438 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 ' ormation: 1. Name: 2. Home Phone: Cell Phone: Work Phone: E-mail: 3. Home Address: P,'e-C L_ 39c,/% 4. Current Employer/Occupation: �',� ,'Vl a C& 5. Business Address: &00 W ��e PPyq-1 8IVd WI V'1 1 c o�RG , ILL 32 6. Brief summary of education & work experience: (Please attach resume if available) 8. Other current volunteer activities: ranascav� ►&xj & AIM1.6� Wr 9. Why do you wish to serve on the committees) indicated? h ce� 0It ,I L/S 10. Are you curre tly a registered voter in St. Lu ie County? Q'yes [—]No rQ Cori. /��f If yes, have you been registered for at least two years preceding this application? ffYes 0 No w 11. Are you currently a St. Lucie County resident? 1 Yes 0 No If yes, for how long? 3� u COS Page 273 of 438 12. Are you part of a protected class that requires that your personal information be redacted from public view? [Yes [] No 13. 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 Fj:�7No 14. Are you currently charged with a crime, other than noncriminal traffic infractions? =] Yes E��o 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 I have read the foregoing and the facts as I have stated are true. signatu qA9 Date Please identify the committee/board(s) of your choice: ❑ Affordable Housing Advisory Committee ❑ Art In Public Places ❑ Board of Adjustments (quasi-judicial) ❑ Children Services Council (separate application) Citizen's Budget Committee ❑ Code Enforcement Board (quasi-judicial) ❑ Community Development Block Grant Comprehensive Economic Development Strategy ❑ Contractors Examining Board Ek Early Learning Coalition SLC ❑ Emergency Medical Services Advisory Council ❑ Historical Commission ❑ Homeless Advisory Committee ❑ Housing Finance Authority 0 Infrastructure Surtax Oversight Committee ❑ Internal Audit Advisory Committee (Clerk of Court) ❑ Investment Committee ❑ Land Acquisition Selection Committee ❑ Library Advisory Board I"Planning & Zoning Commission (quasi-judicial) ❑ Port of Ft. Pierce Advisory Committee ❑ Public Art & Design Committee ❑ Sustainability Advisory Committee ❑ Tourist Development Council ❑ Treasure Coast Education & Research Dev. Authority ❑ Treasure Coast Health Council, Inc. ❑ Value Adjustment Board (quasi-judicial) APPLICATIONS WILL REMAIN ACTIVE FOR ONE YEAR FROM DATE OF RECIEPT. MEMBERS WILL BE NOTIFIED WITHIN 5 BUSINESS DAYS OF APPOINTMENT. PLEASE VISIT OUR WEBSITE BELOW FOR MORE INFORMATION. Applications may be submitted via e-mail or regular mail: St. Lucie County Administration, Attention: Kelly Lang 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Langk@stlucieco.org Website:www.stiucieco.gov/boards Staff Use: Received Confirmed Receipt Page 274 of 438 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: Carol DOTS 2. Home Phone: 772-873-2370 Cell Phone: 772-359-1350 Work Phone: 772-206-3280 E-mail:caroldols@comcast.net 3. Home Address: 183 NE Caprona Ave, Port St Lucie FL 34983 4. Current Employer/Occupation: Gateway Mortgage/Sales Manager 5, Business Address: 145 NW Central Park Plaza #112, PSL FL 34986 6. Brief summary of education & work experience: (Please attach resume if available) over 30 years experience in mortgage lending 7. Do you currently serve on any city or county committee(s)? If so, please list: NO 8. Other current volunteer activities: Safespace Salvation Army 9. Why do you wish to serve on the committee(s) indicated? to help our community 10. Are you currently a registered voter in St. Lucie County? FV-71 Yes = No If yes, have you been registered for at least two years preceding this application? [ Yes = No 11. Are you currently a St. Lucie County resident? 0 Yes 0 No If yes, for how long" O yrs Page 275 of 438 12, Are you part of a protected class that requires that your personal information be redacted from public view? = Yes F-7 I No 13. 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 E No 14. Are you currently charged with a crime, other than noncriminal traffic infractions? 0 Yes 2:1 No Adjudication withheld or prosecution deferred? =Yes 0 No If ves to anv 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 C" / Z c/ ZZ Please identify the committee/board(s) of your choice: p Affordable Housing Advisory Committee ❑ Art In Public Places ❑ Board of Adjustments (quasi-judicial) ❑ Children Services Council (separate application) ❑ Citizen's Budget Committee ❑ Code Enforcement Board (quasi-judicial) ❑ Community Development Block Grant ❑ Comprehensive Economic Development Strategy ❑ Contractors Examining Board ❑ Early Learning Coalition SLC ❑ Emergency Medical Services Advisory Council ❑ Historical Commission ❑ Homelessness Task Force El Housing Finance Authority ❑ Infrastructure Surtax Oversight Committee ❑ Internal Audit Advisory Committee (Clerk of Court) 121 Investment Committee 0 Land Acquisition Selection Committee ❑ Library Advisory Board El Planning & Zoning Commission (quasi-judicial) ❑ Port of Ft. Pierce Advisory Committee ❑ Public Art & Design Committee ❑ Sustainability Advisory Committee ❑ Tourist Development Council ❑ Treasure Coast Education & Research Dev. Authority ❑ Treasure Coast Health Council, Inc. ❑ Value Adjustment Board (quasi-judicial) APPLICATIONS WILL REMAIN ACTIVE FOR ONE YEAR FROM DATE OF RECIEPT. MEMBERS WILL BE NOTIFIED WITHIN 5 BUSINESS DAYS OF APPOINTMENT. PLEASE VISIT OUR WEBSITE BELOW FOR MORE INFORMATION. Applications may be submitted via e-mail or regular mail: St. Lucie County Administration, Attention: Kelly Lang 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Langl<@stlucieco.org Website:www.stlucieco.gov/boards Staff Use: �4 Received v Confirmed Receipt E) I I a V� Page 276 of 438 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:Jeffrey Bernard Lyons 2. Home Phone: Cell Phone: 708-646-7449 Work Phone: E-mail:jeffrey.b.lyons@gmail.com 3. Home Address: 5304 Eagle Drive, Fort Pierce, FL 34951 4. Current Employer/Occupation: US Army Retired 5. Business Address: 6. Brief summary of education & work experience: (Please attach resume if available) See Attached Resume 7. Do you currently serve on any city or county committee(s)? If so, please list: Infrastructure Surtax Oversight t 8. Other current volunteer activities: None 9. Why do you wish to serve on the committee(s) indicated? Serve my county by performing direct service to this county. 10, Are you currently a registered voter in St. Lucie County? Fv-(-] Yes 0 No If yes, have you been registered for at least two years preceding this application? ✓� Yes F--] No 11. Are you currently a St. Lucie County resident? 0 Yes F-1 No If yes, for how long?7 years Page 277 of 438 12. Are you part of a protected class that requires that your personal information be redacted from public view? = Yes ✓0 No 13. 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 57 No 14. 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 I have read the foregoing and the facts as I have stated are true. Digitally signed by Jeffrey Jeffrey B Lyons, B Lyons, MAJ USA Rat MAJ USA Ret lete:2022.10.31 Signature 15:34:35-04'00' Date 10/31 /22 Please identify the committee/board(s) of your choice: ❑ Affordable Housing Advisory Committee ❑ Art In Public Places ❑✓ Board of Adjustments (quasi-judicial) ❑ Children Services Council (separate application) p Citizen's Budget Committee ❑ Code Enforcement Board (quasi-judicial) ❑✓ Community Development Block Grant ❑ Comprehensive Economic Development Strategy 0 Contractors Examining Board 0 Early Learning Coalition SLC Emergency Medical Services Advisory Council ❑ Historical Commission ❑ Homeless Advisory Committee ❑ Housing Finance Authority 0 Infrastructure Surtax Oversight Committee ❑ Internal Audit Advisory Committee (Clerk of Court) ❑ Investment Committee ❑ Land Acquisition Selection Committee ❑ Library Advisory Board ❑✓ Planning & Zoning Commission (quasi-judicial) ❑✓ Port of Ft. Pierce Advisory Committee ❑ Public Art & Design Committee ❑ Sustainability Advisory Committee ❑ Tourist Development Council ❑ Treasure Coast Education & Research Dev. Authority ❑✓ Treasure Coast Health Council, Inc. ❑ Value Adjustment Board (quasi-judicial) APPLICATIONS WILL REMAIN ACTIVE FOR ONE YEAR FROM DATE OF RECIEPT. MEMBERS WILL BE NOTIFIED WITHIN 5 BUSINESS DAYS OF APPOINTMENT. PLEASE VISIT OUR WEBSITE BELOW FOR MORE INFORMATION. Applications may be submitted via e-mail or regular mail: St. Lucie County Administration, Attention: Kelly Lang 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Langl<@stlucieco.org Website:www.stlucieco.gov/boards Staff Use: Received 1 d 3 .Z �— Confirmed Receipt 1 -­.), SLA--) IV I Page 278 of 438 Mr. Jeffrey Bernard Lyons Melbourne, FL Cell: (708) 646-7449 jeffrey.b.lyons@gmai1.coin Certification/Membership: • Defense Acquisition Workforce Improvement Act (DAWIA) Level II Contracting • Department of Defense Acquisition Corp Membership Overview: Retired U.S. Army Officer with over 25-years of successful management and leadership experience within the US Government. A proven reputation for meeting the most challenging organizational goals and objectives. A pragmatic and focused individual recognized for "making seemingly impossible situations work." Position: Contract Administrator (GS-1102-11) Employer: Defense Contracting Management Agency (DCMA) Orlando Date of Employment: February 2016 - Present Hours per week: 40 Location: Melbourne (DRS Technologies), FL Duties: • Perform research and analysis using the DCMA Instruction, FAR, DFAR, and other regulatory guidance to determine resolution of contract administration issues. The ACO/CA uses own initiative to resolve contract administration issues with minimal guidance from the ACO or next higher level. • Prepared the resolution / disposition memorandums and obtained the proper authorizations for all open reportable audits. Resolution was achieved within six months and disposition within 12 months. • Documented sound rationale for each audit finding or recommendation (including penalties and interest) in accordance with the CAFU Instruction and the DOD IG Directive 7640.02 • Documented rationale for each audit finding or recommendation (including penalties and interest), which demonstrated the ACO considered all known appropriate FAR, DFARS, and DCMA Instructions related to the issue raised or questioned by DCAA • Perform research and analysis using the DCMA Instruction, FAR, DFAR, CAM and other regulatory guidance to determine resolution of contract administration issues. 1 Page 279 of 438 • Monthly data reviewed and scrubbed and determinations made regarding moving the contracts from Section 1 to Section 2 and/or appropriate extensions of the FDDs. • Monitored cancelling funds each fiscal year by reviewing the baseline, informing the KTR and tracking the KTR's results. • Performed contract reconciliation to ensure obligations and disbursements were correct in the contract and in MOCAS. • Conducted contract closeout on FFP and Cost Type (Flexibly Priced) contracts. • Maintained the integrity of MOCAS through CRR procedures in a timely manner. Ensured contract requirements matched MOCAS in accordance with DCMA policy. • Determined contract eligibility in accordance with DCMA policy. • Verified contractor progress on FFP contracts by monitoring all shipments at time of closeout. Verified service contract progress through the use of 2-in-1 invoices, which were verified by the PCO. • Monitored Terms and conditions of the contract by checking FAR clauses during the CRR process. • Ensured KTR's performed was monitored for FFP contracts by reviewing DD250's on a periodic basis. Achievements: • Reviewed >90% of contracts within 30 days of MOCAS entry for adequacy and data integrity • Documented CR&R in IWMS IAW DCMA INST 118, Section 3.4, >95% of the time • Enhanced the team members'/CMO skills by volunteering to mentor new CA or Keystone employees • Actively participates in leadership development • Professionally presented DCMA management -approved training • Within 5 business days of receipt/request completes review of a progress payment, performance based payments, interim voucher or invoice >95% of the time. • Within 10 days of receipt, completed review of all final vouchers and all necessary supporting documentation, >95% of the time Page 280 of 438 Completed all assigned tasks and data requests on the or before the due date > 95% of the time Position: Contract Administrator (GS-1102-11) Employer: Defense Contracting Management Agency (DCMA) St. Petersburg Date of Employment: August 2014 — February 2016 Hours per week: 40 Location: St Petersburg, FL Duties: • Perform research and analysis using the DCMA Instruction, FAR, DFAR, and other regulatory guidance to determine resolution of contract administration issues. The ACO/CA uses own initiative to resolve contract administration issues with minimal guidance from the ACO or next higher level. • Prepared the resolution / disposition memorandums and obtained the proper authorizations for all open reportable audits. Resolution was achieved within six months and disposition within 12 months. • Documented sound rationale for each audit finding or recommendation (including penalties and interest) in accordance with the CAFU Instruction and the DOD IG Directive 7640.02 • Documented rationale for each audit finding or recommendation (including penalties and interest), which demonstrated the ACO considered all known appropriate FAR, DFARS, and DCMA Instructions related to the issue raised or questioned by DCAA • Perform research and analysis using the DCMA Instruction, FAR, DFAR, CAM and other regulatory guidance to determine resolution of contract administration issues. • Monthly data reviewed and scrubbed and determinations made regarding moving the contracts from Section 1 to Section 2 and/or appropriate extensions of the FDDs. • Monitored cancelling funds each fiscal year by reviewing the baseline, informing the KTR and tracking the KTR's results. • Performed contract reconciliation to ensure obligations and disbursements were correct in the contract and in MOCAS. Page 281 of 438 • Conducted contract closeout on FFP and Cost Type (Flexibly Priced) contracts. • Maintained the integrity of MOCAS through CRR procedures in a timely manner. Ensured contract requirements matched MOCAS in accordance with DCMA policy. • Determined contract eligibility in accordance with DCMA policy. • Verified contractor progress on FFP contracts by monitoring all shipments at time of closeout. Verified service contract progress through the use of 2-in-1 invoices, which were verified by the PCO. • Monitored Terms and conditions of the contract by checking FAR clauses during the CRR process. • Ensured KTR's performed was monitored for FFP contracts by reviewing DD250's on a periodic basis. Position: Contract Administrator (GS-1102-11) Employer: Defense Contracting Management Agency (DCMA) Manassas Date of Employment: June 2012 — August 2014 Hours per week: 40 Location: Manassas, VA Duties: • Assist ACO in maintaining the formal Cost Monitoring Plan (CMP) in accordance with DFARS PGI 242.302(a). Monitor CMP for contractors with total fiscal contract values >$200M. • Document the CMP strategy for negotiating and monitoring direct and indirect rate expense pools, bases, and other estimating rates. • Update the CMP and prepare an annual report for the ACO. • In accordance with the CMP, share findings and data with pricing, technical, and procuring functions for assistance in analysis and/or negotiation. • Participate on contractor business system reviews conducted by DCMA functional specialists or DCAA auditors. • Monitors contractor performance for compliance with applicable laws, delivery schedules, payment provisions, contract data reporting requirements, and other contractual requirements. 4 Page 282 of 438 • Coordinates with the buying office on contractor's request for waivers or deviations from contract terms. • Prepares negotiation to explain rationale and methods used in arriving at the final price agreement. • Monitored cancelling funds each fiscal year by reviewing the baseline, informing the KTR and tracking the KTR's results. • Performed contract reconciliation to ensure obligations and disbursements were correct in the contract and in MOCAS. • Conducted contract closeout on FFP and Cost Type (Flexibly Priced) contracts. • Maintained the integrity of MOCAS through CRR procedures in a timely manner. Ensured contract requirements matched MOCAS in accordance with DCMA policy. • Determined contract eligibility in accordance with DCMA policy. • Verified contractor progress on FFP contracts by monitoring all shipments at time of closeout. Verified service contract progress through the use of 2-in-1 invoices, which were verified by the PCO. • Monitored Terms and conditions of the contract by checking FAR clauses during the CRR process. • Ensured KTR's performed was monitored for FFP contracts by reviewing DD250's on a periodic basis. 61 Page 283 of 438 Military Position: Contract Specialist (51C) Civilian Position Equivalent: GS-1102-12 Employer: US Army Rank: MAJ/0-4 Date of Employment: August 2009 — June 2012 Hours per week: 40+ Location: Defense Logistics Agency (DLA) Troop Support, Philadelphia, PA Duties: • Prepare Request for Proposal (RFP), which includes a complete technical description of the item desired, delivery and other terms and conditions • Received and reviewed proposals for responsiveness to solicitation; • Determined financial responsibility and performance capability of Low Price Technically Acceptable (LPTA) offers and award contracts • Administered contracts by assuring compliance with the terms and conditions of contracts, including resolution of problems concerning the obligations of the parties • Analyze and evaluate cost or price proposals and accounting systems data • Responsible for planning, establishing, or reviewing contracts, programs, policies, or procedures • Develop acquisition strategies and directing or managing procurements through strict adherence to the Federal Acquisition Regulation (FAR) and Defense Acquisition Regulation System (DFARS) • Central/South Asia - Served as the Project Manager for the Strategic Material Sourcing Group which managed contracts in South Caucasus/Central and South Asia (SC/CASA), which covered Tajikistan, Kazakhstan, Uzbekistan and Afghanistan - Managed a Maintenance, Repair and Operations (MRO) warehouse in Uzbekistan to procure items for SC/CASA - Maintained U.S. Government transportation and distribution routes in SC/CASA - Worked with Central Command (CENTCOM) and met with Ambassadors in SC/CASA to maintain U.S. Government routes - Procured over $19M in items in both Kazakhstan and Uzbekistan to support Operation Enduring Freedom (OEF), Afghanistan Page 284 of 438 Military Position: Project Manager (General Career) Employer: US Army Date of Employment: June 1991 — August 2009 Hours per week: 40 Location: Various Duties: • Gained upper -level manager status. Participated in the complete revitalization and overhaul of the U.S. Military in general - and the U.S. Army specifically - from the low status perceived in the 1990's to the most powerful and effective military in history. • An active participant in the swift/forceful turnaround of the armed forces that led to the U.S. victory in Operation Desert Storm; As well as the current successes in both Operation Iraqi Freedom and Operation Enduring Freedom (Afghanistan). • Demonstrated a successful record for managing complex organizations, supervising thousands of people through hundreds of line -management personnel, responsible for millions of dollars in assets. • Managed testing of 14 high-tech, multimillion dollar products that, in less than 12 months, went from conception to production. These systems were highly instrumental in the current success of both Operation Iraqi Freedom and Operation Enduring Freedom (Afghanistan). • Recognized expert in planning and executing complex operations with 100% accuracy and success, including the scheduling and movement of thousands of personnel and the timely transfer of millions of dollars' worth of equipment to support and maintain operations. Civilian Education: • Champlain College, Burlington, VT, 2016; Certificate, 2017; Cost Accounting • Webster University, St Louis, MO; M.A., 2008; Management & Leadership (24-Semester Hours Organization & Management DAWIA) • University of Illinois, Champaign -Urbana, IL; M.Ed., 2003; Human Resource Education • Southern Illinois University, Carbondale, IL; B.S., 1993; Administration of Justice Page 285 of 438 US Government Education: • Command and General Staff College, Fort Belvoir, VA Foundations of Critical Reasoning, Leader Assessment and Development, Strategic Thinking, Advanced Leadership, Program Analyst, Military History and Force Management, 2010 • Ar,my Acgzrisitiori Basic c2 Intermediate Course, Huntsville, AL Contracting (DAWIA Level I & II), Program Management, Project Management, 2009 • Armor Officer Advanced Leaders Course, Fort Knox, Kentucky Management, Leadership, Problem Solving, and Administrative Tactical Leadership Procedures, 2000 • Army Officers Basic Leaders Course, Ft. Knox, Kentucky, Basic Leadership, Management, and Problem Solving Analysis, 1997 • Officer Candidate School (OCS), Fort Benning, GA Basic Leadership, Management, and Problem Solving Analysis, 1997 Awards: • DCMA On the Spot Cash Award 2018 • DCMA On the Spot Cash Award 2017 • DCMA On the Spot Cash Award 2016 • DCMA On the Spot Award (New Employee Trainer), October 2014 • DCMA On the Spot Award (Cancelling Funds Reduction), October 2013 Professional Membership: • National Contract Management Association (NCMA) • Phi Beta Sigma Fraternity, Inc., Financial Secretary Personal Interest: Exercise and spending time with family Page 286 of 438 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: 2. Home Phone: Cell Phone: Work Phone: E-mail: 3. Home Address:.. �­ ­ t ( to 4. Current Employer/Occupation: 5. Business Address: A,0 Afk 6. Brief summary of education & work experience: (Please attach resume if available) 7. DDb you currently serve on any city or county committee(s)? If so, please list: 4ed�/uI&Ok 8. Other current volunteer activities: 9. Why do you wish to serve on the committee(s) indicated? 10. Are you currently a registered voter in St. Lucie County? es 0 No If yes, have you been registered for at least two years preceding this application? FVVes Q No 11. Are you currently a St. Lucie County resident? EZYes E::] No If yes, for how long? mot. Page 287 of 438 12. Are you part of a protecle,0 class that requires that your personal information be redacted from public view? Yes = No 13. 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 E�fj'No 14. Are you currently charged with a crime, other than noncriminal traffic infractions? = Yes N? No Adjudication withheld or prosecution deferred? =Yes D�fNo 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 Please identify the committ /board(s) of your choice: ❑ Affordable Housing Advisory Committee ❑ Art In Public Places ❑ Board of Adjustments (quasi-judicial) ❑ Children Services Council (separate application) C[]� tizen's Budget Committee ode Enforcement Board (quasi-judicial) ❑ Community Development Block Grant ❑ Comprehensive Economic Development Strategy ❑ Contractors Examining Board ❑ Early Learning Coalition SLC ❑ Emergency Medical Services Advisory Council ❑ Historical Commission ❑ Homeless Advisory Committee ❑ Housing Finance Authority ❑ Infrastructure Surtax Oversight Committee ❑ Internal Audit Advisory Committee (Clerk of Court) ❑ Investment Committee ❑ Land Acquisition Selection Committee ❑ Library Advisory Board Iaf Planning & Zoning Commission (quasi-judicial) ❑ Port of Ft. Pierce Advisory Committee public Art & Design Committee ❑ Sustainability Advisory Committee ❑ Tourist Development Council ❑ Treasure Coast Education & Research Dev. Authority ❑ Treasure Coast Health Council, Inc. ❑ Value Adjustment Board (quasi-judicial) APPLICATIONS WILL REMAIN ACTIVE FOR ONE YEAR FROM DATE OF RECIEPT. MEMBERS WILL BE NOTIFIED WITHIN 5 BUSINESS DAYS OF APPOINTMENT. PLEASE VISIT OUR Staff Use: Received WEBSITE BELOW FOR MORE INFORMATION. Applications may be submitted via e-mail or regular mail: St. Lucie County Administration, Attention: Kelly Lang 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Langk@stlucieco.org Website:www.stlucieco.gov/boards Confirmed Receipt 1 I I a S `" Page 288 of 438 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: DOMINIC SIANO 2. Home Phone: Cell Phone: 772-359-6975 Work Phone: E-mail:domsiano44@gmail.com 3. Home Address: 6325 NW TOPAZ WAY- PORT ST. LUCIE , FL 34983 4. Current Employer/Occupation: REALTOR/RAPPA REALTY GROUP 5. Business Address: 6. Brief summary of education & work experience: (Please attach resume if available) I am a life long resident of St. Lucie county, I atttended St.Anastasia and John Carroll High Schools then Graduated from Florida State University with a Bachelors Degree in Political Science and Economics. Please see my profile at www.linkedin.com/in/domsiano99 7. Do you currently serve on any city or county committee(s)? If so, please list: NO 8. Other current volunteer activities: PORT ST LUCIE LITTLE LEAGUE COACH 9. Why do you wish to serve on the committee(s) indicated? I love living in St.Lucie County, and raising my family here, it is truly a great place for all. I want to make sure our county stays that way, with responsible growth, amlpe opportunities,and economic development for all, while maintaining apprecaition for the environment. 10. Are you currently a registered voter in St. Lucie County? 0 Yes 0 No If yes, have you been registered for at least two years preceding this application? 0 Yes 0 No 11. Are you currently a St. Lucie County resident? M Yes 0 No If yes, for how long?43 YEARS Page 289 of 438 12. Are you part of a protected class that requires that your personal information be redacted from public view? = Yes =✓ No 13. 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? 0 Yes 0 No 14. Are you currently charged with a crime, other than noncriminal traffic infractions? = Yes M No Adjudication withheld or prosecution deferred? =Yes M 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 11 /08/22 Please identify the committee/board(s) of your choice: ❑ Affordable Housing Advisory Committee ❑ Art In Public Places ❑ Board of Adjustments (quasi-judicial) ❑ Children Services Council (separate application) ❑ Citizen's Budget Committee ❑ Code Enforcement Board (quasi-judicial) ❑ Community Development Block Grant ❑ Comprehensive Economic Development Strategy ❑ Contractors Examining Board ❑ Early Learning Coalition SLC ❑ Emergency Medical Services Advisory Council ❑ Historical Commission ❑ Homeless Advisory Committee ❑ Housing Finance Authority ❑ Infrastructure Surtax Oversight Committee ❑ Internal Audit Advisory Committee (Clerk of Court) ❑ Investment Committee 0 Land Acquisition Selection Committee ❑ Library Advisory Board 0 Planning & Zoning Commission (quasi-judicial) 0 Port of Ft. Pierce Advisory Committee ❑ Public Art & Design Committee ❑ Sustainability Advisory Committee ❑ Tourist Development Council ❑ Treasure Coast Education & Research Dev. Authority ❑ Treasure Coast Health Council, Inc. ❑ Value Adjustment Board (quasi-judicial) APPLICATIONS WILL REMAIN ACTIVE FOR ONE YEAR FROM DATE OF RECIEPT. MEMBERS WILL BE NOTIFIED WITHIN 5 BUSINESS DAYS OF APPOINTMENT. PLEASE VISIT OUR WEBSITE BELOW FOR MORE INFORMATION. Staff Use: Applications may be submitted via e-mail or regular mail: St. Lucie County Administration, Attention: Kelly Lang 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Langk@stlucieco.org Website:www.stlucieco.gov/boards Received Confirmed Receipt Page 290 of 438 DOMINIC SIANO 6325 NW Topaz Way Port St. Lucie, FI • 772.359.6975 Domsiano44@gmail.com • www.linkedin.com/in/DomSiano99 2021-PRESENT REALTOR RAPPA REALTY GROUP REAL ESTATE PROFESSIONAL COVERING ALL OF SOUTH FLORIDA AND BEYOND. I AM A LIFE LONG RESIDENT OF THE SUNSHINE STATE, AND TAKE PRIDE IN SERVICING MY CLIENTS THROUGHOUT THE BUYING AND SELLING PROCESS. I SPECIALIZE IN BOTH RESIDENTIAL AND COMMERCIAL REAL ESTATE, AND HAVE A KEEN BUSINESS KNOWLEDGE FOR YOUR 1031 EXCHANGES. HARBOUR RIDGE YACHT AND COUNTRY CLUB Fitness Certifications: NASM-CPT, USAW Level 1,Power Plate, TRX Exceptional knowledge of human anatomy and movement Design and implement customized exercise programs for clients Work with on staff physical therapist to ensure proper post -rehab protocol Work with senior population (special populations) to better improve performance of daily activities Maintained outstanding country club standards with members guests 2013-2014 KINDRED AT HOME/SENIOR HOME CARE Advocate for elderly patients Maintained written and oral communication with physician, staff and patient Developed business plan to increase referrals Served as a liaison between hospitals, physicians, and clinical team to ensure optimal patient care Worked with national marketing tearn to achieve quarterly sales goals Networked through local area business, organizations, and the community to build better brand awareness Page 291 of 438 2009-2012 MANAGER ,4ENIOR TERRITORY ACCOUNT Promote,sell and increase useage of KCl/Acelity wound care products Conducted in-service training programs at area hospitals Developed business plan under the direction of regional and district sales managers to exceed sales quota Responsible for selling Vacuum Assisted Closure, specialty dressings, V.A.0 VIA, Prevena, ABThera, and Graft Jacket into acute space in South Florida Hospitals Responsible for all aspects of capital sales from physician to materials manager to CFO Responsible for field inventory, sales samples and hospital inventory GPO/IDN Negotiations Developed continued therapy plan for patients from hospital to home Called on all levels of Hospital (OR,C-Suite, Materials Management) 24 hour on call service to operating room for V.A.0 placement Launched new products in VAC Therapy-Prevena, AbThera, VAC VIA Partnered with Wright Medical to sell a regenerated tissue matrix for diabetic foot ulcers Directed product evaluations in hospital operating room 1/ 11•; BUSINESS • • Developed marketing plan that included high -impact sales presentations to area hospitals, rehabilitation centers and physicians' offices Managed, hired and trained all sales staff Promoted new line of orthopedic braces Sold liquid oxygen as alternative to gas, promoted new therapy to physicians and converted patients Responsible for coordination of all hospital equipment delivery Negotiated contract with Hospice for durable medical equipment Maintained OSHA standards and JACCO accreditations Delivery and set up of durable medical equipment and Helios Liquid oxygen system Awarded single source referral for all orthopedic braces, CPM machines. Page 292 of 438 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:l ,4'a"-)C, i 4cti1Ibee-, 2. Home Phone:J 7 Z- 2 6-/ _--7 (.,; Z "3 Cell Phone: -7 --7-� (,,-� _ '7 7 Work Phone: E-mail: (0 ci fl1,-4; i C Jfig 3. Home Address, City, Zip: 1:31 C` (;':an1� �1ve,� )ZC4 4S 4. Current Employer/Occupation: 5: .cY l M0J,14-rl'"I 5. Business Address: I �' n l�tz�� 0ck , C,t'��Y 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: �.L� L4ii0 A C(�Lv15;'fisn) 4-S�l',1 tor. 8. Other current volunteer activities: 9. Why do you wish to serve on the co Lm/mittee(s) indicated? �rktI& . S bz,r1l )/I � � , J'1e/14,-e . 7�/. S i 5 M -f A co wl l C &4-c -46 'it �4 c'_y,M M L ),-b-/6 z .5 -z, SPY✓% 10. Are you currently a registered voter in St. Lucie County? Yes 0 No If yes, have you been registered for at least two years preceding this application? EE es No 11. Are you currently a St. Lucie County resident? M,Yes 0 No If yes, for how long?_ `r Page 293 of 438 12. Are you part of a protected class that requires that your personal information be redacted from public view? = Yes F,/_J No 13. 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? 0 Yes M No 14. Are you currently charged with a crime, other than noncriminal traffic infractions? 0 Yes EfNo Adjudication withheld or prosecution deferred? DYes 0 No It yes to any of above, please provide tree following information: OFFENSE I DATE I 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 Please identify the committee/board(s) of your choice: Affordable Housing Advisory Committee ❑ Art In Public Places if Blueway Advisory Committee [-j' Board of Adjustments (quasi-judicial) ❑' Children Services Council (separate application) ❑ Citizen's Budget Committee ❑ Code Enforcement Board (quasi-judicial) 011"Community Development Block Grant Comprehensive Economic Development ID -'Contractors Examining Board ❑ Early Learning Coalition SLC ❑ mergency Medical Services Advisory Council �Istorical Commission L,d Homeless Advisory Committee EJ Housing Finance Authority ❑ Infrastructure Surtax Oversight Committee ❑ Internal Audit Advisory Committee (Clerk of Court) ❑ Investment Committee ❑ Land Acquisition Selection Committee—° ❑ ibrary Advisory Board Planning & Zoning Commission (quasi-judicial) ❑ Port of Ft. Pierce Advisory Committee ❑ Public Art & Design Committee ❑ Sustainability Advisory Committee dTourist Development Council ❑ Treasure Coast Education & Research Dev. Authority ❑ treasure Coast Health Council, Inc. Value Adjustment Board (quasi-judicial) APPLICATIONS WILL REMAIN ACTIVE FOR ONE YEAR FROM DATE OF RECIEPT. MEMBERS WILL BE NOTIFIED WITHIN 5 BUSINESS DAYS OF APPOINTMENT. PLEASE VISIT OUR WEBSITE BELOW FOR MORE INFORMATION. Applications may be submitted via e-mail or regular mail: St. Lucie County Administration, Attention: Susan White 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1677 Fax: 772-462-2131 Email: Whites@stlucieco.org Website:www.stiucieco.gov/boards Staff Use: Received c7 ) a-3 Confirmed Receipt Page 294 of 438 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 j application. In addition, service on quasi-judicial boards may require financial disclosure. 1 Please complete the following information: 1. game: Harvey Taylor 2. Home Phone: 917-692-7649 Cell Phone: 917-692-7649 f Work Phone: Email: h_taylor5215@nyo.rr.com t 3. Home Address: 5346 NW West Lanett Circle, Port Saint Lucie, FI 34986 a 4. Current Employer/Occupation: Retired 1 US Army and Federal Law Enforcement Officer S. Business address: 6. Brief summary of education & work experience; (Please attach resume' if available) See resume attached 7. Do you currently serve on any city or County committee(s)? If so, please list: 1,40 i 8, OTher current volunteer activities: j Helping vateran5 to WE; for disability, courtciling, trip to VA appointments 1 1 Valunteerr at St, Lucie Cricket and Sports Association INC (non for profit) Voluntaor on Kellar Graduate Scltool of Martagement as an adviser, to graduate studertts on there final thesis 9. Why do you wish to serve on the committee(s) indicated? SUILc I [lave rdtlrad it it, my oallrrry to lieip and give back to my Wmrnurrity. tJ:S. I:1IiS e..:,I::,: cJ.i.:y Sa:. dl :�i:l �•, :.I Y,rli.,l„:> .. rrlC tl :�.:J•1 , , .. ,:} a,} dY J tY•.Ar3l ljil..,pe 1 �&l CU JII Jxskl W jl'lll iCtiinlil luu IU. bcep3 for nutt(rintirtial tf1" 11tfra(tn)rt5, have you ever beef) cnrlvicted of, or pied guilty or ` cC ,Iilfv,d € % Page 295 of 438 no contest" to, a crime, whether or not adjudication was withheld? DyesON0 Are you currently charged with a crime, other than noncriminal traffic infractions? ElYes 0No Adjudication withheld or prosecution deferred? E] Yes ONo 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 aC3 Please identify e commute board of your choice: 1] Affordable Housing Advisory Committee El Board of Adjustments (quasi-judicial) E] Citizen's Budget Committee p Code Enforcement Board (quasi-judicial) iI Community Development Block Grant 0 Comprehensive Economic Development ❑ Strategy Contractors Certification Board ❑ Early Learning Coalition SLC ❑ Emergency Medical Services Advisory Council ❑ Harbor Advisory Committee ❑ Historical Commission I❑ Internal Audit Advisory Committee (Clerk of the Court) 0 Housing Finance Authority ❑ Investment Committee p Land Acquisition & Selection Committee El Eibrary Advisory Board El Planning & Zoning Commission (quasi-judicial) p Public Safety Coordinating Council 0 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) [D Children Services Council (separate application) APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Kelly Phelan 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772.462-2131 Email: phelank@Stlucieco.org Statt Use: Received y j � � I �� Cornrnission District p►fIf\ � 1 Scanned by Easy Scanner Page 296 of 438 HARVEY R. TAYlLOR 5346 NW West Lanett Circle • Port Saint Lucie, F1 34986 • h_taylor-5215 omnycxr.coni (917) 692-7649 MANAGEMENT PROFESSIONAL SUMMARY OF QUALIFICATIONS • More than 20 years of management experience. Effectively able to communicate complicated concepts in an understandable manner, matching the message to the audience. • Experienced in supervision, training, motivation and evaluation of personnel. Skilled in finding problems and performing necessary change through project management or other methods. • Maximize resources to achieve customer satisfaction and increased productivity, meet deadlines and goals. Implement and coordinate both strategic and tactical plans to enhance performance. • Adept and experienced in problem solving and providing solutions. Excellent qualifications in leadership and interpersonal communications. • Persuasive, with ability to communicate effectively with culturally diverse audience. Public speaking and executive management briefing experience. Computer skills include MS Office Suite, PROFESSIONAL EXPERIENCE SENIOR NONCOMMISSIONED OFFICER 1990 -- 2015 UNITED STATES ARMY AND ARMY RESERVE Multiple locations • Serve as an Observer Controller/Trainer for Army Mission Readiness Exercise support team mobilized at Fort Dix, New .Jersey in support of the Global War on Terrorism. • Instruct leaders on all aspects of tactical operations as established by Army doctrine; evaluate National Guard and Army Reserve units deploying in support of OIF and OEF using the Unit Readiness Validation process and provide After Action Reviews . • Serve as NCOIC for the MRX tactical operation center. Coached and mentored 4,559 Soldiers during all phases of the certification process; followed all the guidelines within the MRX team. Coached and mentored senior leaders during MRX and Driver's Training exercises resulting in 100% mission Accomplishment and improving unit's mission readiness. • Integrated knowledge and experiences from the civilian sector to coach, teach, and mentor Soldiers to effectively plan for upcoming missions during the MRX. • Trained soldiers and civilians on proper water purification operation procedures and SOP's which enabled FOB Victory to serve over 5,000 soldiers with purified water. • Ensured 100°% security and accountability of the FOB Victory keys and building supplies valued at over $500,000 • Ensured proper care and maintenance for government equipment and vehicles valued at over $1 million. • Operate single and double unit wheel vehicles in all conditions of light, weather, and terrain; applies safety rules and practices. • Supervise small motor transportation activity; participate in convoy operations and organization, including planning, establishment of control measures and the observance of civil laws and military regulations; perform as march unit commander; review and prepares reports; determine the number of vehicles required for a given operation; schedule routes and control movements of motor transport equiprx€ent; perform direct driver training functions. I have been Mobilized since September 2005 as an instructor of soldiers. Instructed over 100 soldiers daily on a variety of military doctrines including IED recognition, proper searching of Enemy Prison of War. Page 297 of 438 • Participated in Operations Desert Storm, Desert Shield and Provide Comfort. SENIOR OFFICER/CASE MANAGER 1995 -- 2015 FEDERAL BUREAU OF PRISONS Brooklyn, NY • Supervise four officers and over 500 inmates. Evaluate personnel and recommend for, promotions, awards. • Conduct weekly in-house staff meetings on policies and procedures that affect both staff and inmates. Provide initial counseling to over 500 inmates within 28 days upon their arrival to the institution. Counsel individual inmate every 90 days. Conduct family interventions, debt payment, restitution, lawyers, their individual accounts, monitor their disciplinary record, recommended and punish inmates who break the rules. • Inspect living areas to ensure cleanliness and adherence to regulations. Conduct random search of inmates and inmates living areas. Held monthly town hall meetings to discuss policies and procedures that will affect the inmates. • Meet weekly with the Warden and all unit managers to discuss issues that affect staff and inmates. Review, edit and implement policies that affect staff and inmates. Attend monthly meetings with judges, prosecutors, parole and probation officers, local police department and local politicians. • Rotated between units with an aggregate inmate population of 122. Maintained control and discipline of inmates in such areas as the housing units, segregation unit, dining rooms and recreation areas. Supervised and maintained accountability of inmates in assigned work details. EDUCATION AND TRAINING MASTER OF BUSINESS ADMINISTRATION 2011 KELLER GRADUATE SCHOOL OF MANAGEMENT Chicago, IL BACHELOR OF ARTS IN SOCIOLOGY 2000 YORK COLLEGE Jamaica, NY Professional Development • Prior Education in Law Enforcement, Math, Psychology and Computers University of Kentucky, University of Maryland, Central Texas College Federal Bureau of Prison • Certified Combat Life Saver, certified in CPR. • Basic Non Commissioned Officer Course Certificate • Advanced Non Commissioned Officer Course Certificate • Leadership Certificate of Achievement • Battle Staff Course • Truck Master School • Supply Sergeant School • Small and large group instructor Certification • Motivation Speaker Certification • Advanced Leadership Training • Advanced Transportation School AFFILIATIONS • Volunteer- at Veterans HospitalNeteran Administration as a counsclor/adviser • Volunteer at St Lucie Cricket and Sports Association Inc • Volunteer as an adviser at Keller Graduate School of Management Page 298 of 438 AWARDS • Meritorious Service Medal • Army Commendation Medals (2) • Army Achievement Medals (10) • Oversees service Ribbon • South West Asia Service Ribbon • Saudi Arabia Service Ribbon • Liberation of Kuwait Ribbon • National Defense Ribbon • Good conduct Medal • Combat Infantry Badge • Air Assault Badge • Outstanding Service Award ( as the President of the Ex -correctional Officer Association Inc) Page 299 of 438 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: (. ( Home Phone: Work Phone: . &�'2 9 - 3 R A - 73, :Z E-mail: (-S in nuc-9 s (-,UP Ile , e—oM 3. Home Address:1 S a (2 LP— 0c-h D P lyc'sE; (-- CC- i -3`-<. `:� 4. Current Employer/Occupation: ���� , �, (( �`TF ny (� 5. Business Address: L' 6. Brief summary of education & work experience: (Please attach resume if available) Z- �t�0 0-;-`Ucs L 0 ee71 F U7— ��� `5� t/� C� D �C, ���_, �-• S `9 � �v �� � 1 0r_� _ 15OC- K i , t . C L V FW . i✓� d'!/ /� c s '/%'� `v e �le 11-Z1 :401t T/ v W S I--- h if it; A i tP r--� , C"' 19le-A {=F-L�§ A 1Ww 7. Do you currently serve on any city or county committee(s)? If so, please list: GAL r� �,P LIP( V 13"go 8. Other current volunteer activities: c®-9 - rq�)Q--F#1& 6&V C0!'-0o-� CT&r&SCF r-3J2— I1 ycJ, IIOVC yvu UCCl1 1CrMlJlClcU IVI Ol ICOJI IVVV YCCIIJ VICW.cUll1rM U11a Off. HIN.0LIVII. 1 1 Ica 1 1 wv 11. Are you currently a St. Lucie County resident? Yes Q No If yes, for how loonng?E�K Page 300 of 438 12. Are you part of a protected class that requires that your personal information be redacted from public view? = Yes Z No 13. Except for noncriminial traffic infractions, have you ever been convicted of, or pled gu' ty or "no contest" to, a crime, whether or not adjudication was withheld? 0 Yes M No 14. Are you currently charged with a crime, other than noncriminal traffi infractions? 0 Yes�o Adjudication withheld or prosecution deferred? =Yes No If yes to any of above, please provide the following information: OFFENSE DATE P -E (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 pen f perjury, I declare that I have read the foregoing and the facts as I have stated are true. Renewed via phone Signature Date tz) 1 2/3/23 - sw Please identify the committee/board(s) of your choice:_- ❑ Affordable Housing Advisory Committee ❑ Art In Public Places ❑ Board of Adjustments (quasi-judicial) ❑ Children Services Council (separate application) ❑ Citizen's Budget Committee ❑ Code Enforcement Board (quasi-judicial) Community Development Block Grant Comprehensive Economic Development Strategy Contractors Examining Board ❑ Early Learning Coalition SLC ❑ Emergency Medical Services Advisory Council 0 Historical Commission ❑ Housing Finance Authority Infrastructure Surtax Oversight Committee ❑ Internal Audit Advisory Committee (Clerk of Court) ❑ Investment Committee � � ��$ Land Acquisition Selection Committee �/rlr -"t ❑ Library Advisory Board Planning & Zoning Commission (quasi-judicial) ❑ Port of Ft. Pierce Advisory Committee ❑ Public Art & Design Committee ❑ Sustainability Advisory Committee M Tourist Development Council added via phone 2/3/23 ❑ Treasure Coast Education & Research Dev. Authority ❑ Treasure Coast Health Council, Inc. ❑ Value Adjustment Board (quasi-judicial) APPLICATIONS WILL REMAIN ACTIVE FOR ONE YEAR FROM DATE OF RECIEPT. MEMBERS WILL BE NOTIFIED WITHIN S BUSINESS DAYS OF APPOINTMENT. PLEASE VISIT OUR WEBSITE BELOW FOR MORE INFORMATION. Applications may be submitted via e-mail or regular mail:_ St. Lucie County Administration, Attention: Kelly Lang 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Langk@stlucieco.org Website: www.stiucieco.gov/boards Staff Use: Received / -- Confirmed Receipt �,V /;_7 0-T Page 301 of 438 Tammy Suren Advantage Property Management 1111 S. Federal Hwy, ste100 Stuart, FL 34994 October 14, 2021 St. Lucie County BOCC 2300 Virginia Avenue Fort Pierce, FL 34982 To whom it may concern, - - --- I have known Bianca Wall since December 2020. She is a resident and Board Member of Ocean Bay Villas. I have worked with Bianca as the Ocean Bay property manager and find her to be very knowledgeable in many areas of business including real estate. She is full of energy, creative, a good listener and a pleasure to work with. Bianca would be an asset to any Board or Committee. Should you like to speak with me, I can be reached at 772-233-9117. Sincerely, r a �J Tammy Suren, LCAM Advantage Property Management Page 302 of 438 Gordon Moert, Broker 4350 Brownsboro Rd Suite 110 Louisville, KY 40207 October 10, 2021 St. Lucie County BOCC 2300 Virginia Avenue Fort Pierce, FL 34982 To Whom It May Concern: Hello! My name is Gordon Moert, past President of the Louisville Board of Realtors and past Vice President of the KY Association of Realtors. I am pleased to be a reference for Bianca S. Wall, now a permanent resident of Jensen Beach, located in St. Lucie County, Florida. I have known -Bianca forty=five years -and`worked-with her -for the -past six yea rs.-Herknowledge encompasses developing land to finding the highest and best use for Residential and Commercial Properties. She is professional, tenacious and creative, all of which have served her well in her forty-five years as a Commercial Broker. -Finally, -1 believe Bianca will be a welcome addition to your Board. If you °have any -questions, please call me at (502) 262-6200. Thank you for your time. Sincerely, -Gordon L. Moert Page 303 of 438 10.B.1. kc LEE - LUC,, 0 L, r TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel McIntyre, County Attorney County Attorney RES-2023-37 REGULAR AGENDA - COUNTY ATTORNEY DATE: 3/21/2023 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO Interlocal Service Boundary Agreement - Proposed Response to City of Fort Pierce Resolution No. 23-R14 I. Background Attached is a copy of City of Fort Pierce Resolution No. 23-R14 which was adopted by the Fort Pierce City Commission on February 6, 2023. The Resolution was hand delivered to County staff on February 17, 2023. The intent of the City's resolution is to initiate discussions with the County regarding the development of an interlocal service boundary agreement for lands shown in Exhibit "A" attached to the City's resolution. Exhibit "A" appears to include the Fiesta Hill subdivision directly to the east of the Paradise Park subdivision. Also attached to this memorandum is a copy of a color coded map prepared by County GIS of the area identified as Exhibit "A" in the City resolution. A summary of the location (City/County) lots follows: Total Lots = 501 (257 developed/244 vacant) Total lots in Unincorporated County = 235 (32 developed/203 vacant) *subset of total lots* All of the roads and related stormwater facilities are currently maintained by the County. II. Interlocal Service Boundary Agreement Act - General Part II of Chapter 171, Florida Statutes is titled as the "Interlocal Service Boundary Agreement Act" Intent -The Legislature created the "Interlocal Service Boundary Agreement Act" in 2006 as an alternative to the municipal annexation or contraction provisions contained in Partl of Chapter 171, Florida Statutes. As is specifically provided in section 171.201, Florida Statutes: The Legislature intends to provide an alternative to part 1 of this chapter for local governments regarding the annexation of territory into a municipality and the subtraction of territory from the unincorporated area of the county. The principal goal of this part is to encourage local governments to jointly determine how to provide services to residents and property in the most efficient and effective manner while balancing the needs and desires of the community. This part is intended to establish a more flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexation. This part is intended to encourage intergovernmental coordination in planning, service delivery, and boundary adjustments and to reduce intergovernmental conflicts and litigation between Page 304 of 438 local governments. It is the intent of this part to promote sensible boundaries that reduce the costs of local governments, avoid duplicating local services, and increase political transparency and accountability. This part is intended to prevent inefficient service delivery and an insufficient tax base to support the delivery of those services. As the staff analysis for the bill creating the act makes clear, the purpose of the bill was "to provide an alternative process for annexation that allows counties and municipalities to negotiate in good faith to identify municipal service areas and unincorporated service areas, resolve which local government is responsible for providing services and facilities within the municipal service areas, and reduce the number of enclaves." Section 171.203(6), Florida Statutes, outlines the issues to be addressed in an interlocal service boundary agreement by stating that such an agreement may address "any issue concerning service delivery, fiscal responsibilities, or boundary adjustment." An interlocal service boundary agreement may include, but is not limited to, provisions that: (a) Identify a municipal service area. (b) Identify an unincorporated service area. (c) Identify the local government responsible for the delivery or funding of the following services within the municipal service area or the unincorporated service area: 1. Public safety. 2. Fire, emergency rescue, and medical. 3. Water and wastewater. 4. Road ownership, construction, and maintenance. 5. Conservation, parks, and recreation. 6. Stormwater management and drainage. (d) Address other services and infrastructure not currently provided by an electric utility as defined by s. 366.02(4) or a natural gas transmission company as defined by s. 368.103(4)... (e) Establish a process and schedule for annexation of an area within the designated municipal service area consistent with s. 171.205. (f) Establish a process for land use decisions consistent with part II of chapter 163, including those made jointly by the governing bodies of the county and the municipality, or allow a municipality to adopt land use changes consistent with part 11 of chapter 163 for areas that are scheduled to be annexed within the term of the interlocal agreement; however, the county comprehensive plan and land development regulations shall control until the municipality annexes the property and amends its comprehensive plan accordingly. (g) Address other issues concerning service delivery, including the transfer of services and infrastructure and the fiscal compensation to one county, municipality, or independent special district from another county, municipality, or independent special district. (h) Provide for the joint use of facilities and the colocation of services. (i) Include a requirement for a report to the county of the municipality's planned service delivery, as provided in s. 171.042, or as otherwise determined by agreement. (j) Establish a procedure by which the local government that is responsible for water and wastewater services shall, within 30 days after the annexation or subtraction of territory, apply for any modifications to permits of the water management district or the Department of Environmental Protection which are necessary to reflect changes in the entity that is responsible for managing surface water under such permits. III. Interlocal Service Boundary Agreement Act - County Response The Act requires that the County adopt a responding resolution. The specific language of the Act (Section 171.203(2), Florida Statutes) pertaining to the response is as follows: Page 305 of 438 (2) Within 60 days after the receipt of an initiating resolution, the county or the invited municipality, as appropriate, shall adopt a responding resolution. The responding resolution may identify an additional unincorporated area or incorporated area, or both, for discussion and may designate additional issues for negotiation. The additional identified area, if any, must be specified in the responding resolution by a descriptive exhibit that includes, but need not be limited to, a map or legal description of the designated area. The additional issues designated for negotiation, if any, must be listed in the responding resolution and may include, but need not be limited to, the issues listed in subsection (6). The responding resolution may also invite an additional municipality or independent special district to negotiate the interlocal service boundary agreement. In this regard, attached is a draft resolution for the Board's consideration which would, if adopted, express the Board's desire to enter into discussions with the City regarding the development of an interlocal service boundary agreement for the lands shown in Exhibit "A" attached to the City's resolution. Consistent with prior Board direction, staff has included a discussion point on the transfer of responsibilities for maintenance of the roads, stormwater facilities and the park with Exhibit "A" from the County to the City. PREVIOUS ACTION: N/A [iL► let L 14Ie14I►V9_1T" N/A RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 2023-037 and authorize the Chair to sign the resolution. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: March 11, 2023 Benjamin Balcer, Planning & Development Services Director Date: March 14, 2023 Daniel Zrallack, County Engineer Page 306 of 438 Date: March 14, 2023 Christopher Lestrange, Road & Bridge Division Director Date: March 14, 2023 Patrick Dayan, Public Works Director Date: March 15, 2023 Daniel McIntyre, County Attorney Date: March 15, 2023 Mayte Santamaria, Deputy County Administrator Page 307 of 438 THE SUNRISE CITY 4F 4(& FORT PIERCE CITY MANAGER'S OFFICE 49/1 February 17, 2023 Daniel S. McIntyre, Interim County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. McIntyre: The Fort Pierce City Commission adopted Resolution No. 23-R14 on February 6, 2023, at its regularly scheduled meeting, initiating the negotiation process of an interlocal service boundary agreement under Chapter 171, Part 11, F.S. The initiating resolution relates to prospective future negotiations to address planning and annexation issues. A copy of the adopted resolution is provided, and it is requested that it be included as part of the public records in this matter. We look forward to continuing our successful collaboration with St. Lucie County. Sincere y, 2 Nicholas C. Mimms, P.E., ICMA-CM City Manager NCM.jdr Attachment c: Mayor and Commissioners City Attorney City Clerk Economic Development Manager 100 NORTH US 1, FORT PIERCE, FLORIDA 34950 • CITYOFFORTPIERCE.COM • TEL: 772,465.4170 • FAX: 772.489 R04' Page 308 of 438 RESOLUTION NO. 23-R14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, PURSUANT TO CHAPTER 171, PART 11, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT, INITIATING THE PROCESS PROVIDED FOR THE PURPOSE OF ADDRESSING THE ISSUES MORE PARTICULARLY SET FORTH THEREIN; REPEALING ALL RESOLUTIONS IN CONFLICT HERETWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Part II, Chapter 171, Florida Statutes, entitled the "interlocal Service Boundary Agreement Act' (Act) provides an alternative to Part I of said Chapter for local governments regarding the annexation of territory into a municipality and the subtraction of territory from the unincorporated areas of the county; and WHEREAS, the Act further intends to establish a more flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexations; and WHEREAS, the overriding goal of the process set forth within the Act is to promote sensible boundaries that reduce the cost of local government and increase the level of service of residents within the boundary of unincorporated St. Lucie County; and WHEREAS, the City of Fort Pierce pursuant to an interlocal service boundary agreement with the County of St. Lucie wishes to fill in its municipal boundaries; and WHEREAS, it is the intent of the City Commission of the City of Fort Pierce to initiate discussions with St. Lucie County regarding the development of an interlocal service boundary agreement for lands shown in Exhibit "A" to address the above - referenced concerns. NOW, THEREFORE, BE IT RESOLVED by the City Commission of Fort Pierce, Florida, as follows: Section 1. That the City of Fort Pierce hereby invites St. Lucie County to enter into negotiations under the act to address issues concerning planning and annexation for the areas identified in Exhibit "A". Section 2. That the City of Fort Pierce hereby identifies the issues to be negotiated as follows: A. The process, definitions, schedule, and criteria for voluntary and referendum annexations in the municipal service area in replacement or modification of the requirements of Chapter 171, Part 1, Florida Statutes. B. The establishment of one or more municipal services areas, as defined in Section 171.202(11)(a), Florida Statutes which the City anticipates will include area as shown in Exhibit "A". C. The establishment of a process for land use decisions consistent with Part 11 of Chapter 163, Florida Statutes, for lands in the municipal service area(s). D. The incorporation of mutually agreed upon extraterritorial powers to be exercised by the City within unincorporated areas as shown in Exhibit "A". These powers may be in addition to other municipal powers otherwise held by the City. Section 3. All conflicting policies are superseded by this policy. Page 309 of 438 Resolution No. 23-R14 Page 2 Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. This resolution shall take effect upon adoption. IN WITNESS WHEREOF, this Resolution has been duly adopted this 6th day of February 2023. LINDA HUDSON, MAYOR ATTEST: INDA W. COX, CITY CLERK (CITY SEAL) APPROVED AS TO FORM AND CORRECTNESS: TANYA M. EAR FY, ESQ. CITY ATTORNtLY Page 310 of 438 Resolution No. 23-R14 Page 3 Exhibit "A" ii _ wr a 3ww - f - Current City Limits Annexation Agreement 0 Proposed Area for Annexation through ISBA Page 311 of 438 RESOLUTION NO. 23-037 A RESOLUTION PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT, RESPONDING TO CITY OF FORT PIERCE RESOLUTION NO. 23-1114 WHICH RESOLUTION INITIATED THE PROCESS PROVIDED FOR THE PURPOSE OF ADDRESSING THE ISSUES CONCERNING PLANNING AND ANNEXATION FOR THE AREA IDENTIFIED IN EXHIBIT "A" ATTACHED TO THE CITY'S RESOLUTION, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Part II, Chapter 171, Florida Statutes, entitled the "Interlocal Service Boundary Agreement Act" (Act) provides an alternative to Part I of said Chapter for local governments regarding the annexation of territory into a municipality and the subtraction of territory from the unincorporated areas of the county; and WHEREAS, the City of Fort Pierce has adopted a Resolution (Resolution No. 23-R14) commencing the process for negotiating an interlocal service boundary agreement with the County; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida desires to respond to the City's resolution regarding the development of an interlocal service boundary agreement for lands shown in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, as follows: Section 1. St. Lucie County desires to enter into negotiations under the act to address issues concerning planning and annexation for the areas identified in Exhibit "A". Section 2. St. Lucie County is willing to discuss the issues that were identified by the City as follows: A. The process, definitions, schedule, and criteria for voluntary and referendum annexations in the municipal service area in replacement or modification of the requirements of Chapter 171, Part I, Florida Statutes. B. The establishment of one or more municipal services areas, as defined in Section 171.202(11)(a), Florida Statutes which the City anticipates will include area as shown in Exhibit "A". C. The establishment of a process for land use decisions consistent with Part II of Chapter 163, Florida Statutes, for lands in the municipal service area(s). Page 312 of 438 D. The incorporation of mutually agreed upon extraterritorial powers to be exercised by the City within unincorporated areas as shown in Exhibit "A". These powers may be in addition to other municipal powers otherwise held by the City. In addition, the County would like to discuss the potential transfer of maintenance responsibilities for County roads, related stormwater facilities, and park within any agreed municipal service area. Section 3. This resolution shall take effect upon adoption. Commissioner Cathy Townsend, Chair XXX Commissioner Linda Bartz, Vice Chair XXX Commissioner Jamie Fowler XXX Commissioner Chris Dzadovsky XXX Commissioner Larry Leet XXX IN WITNESS WHEREOF, this Resolution has been duly adopted this of , 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: BY: COUNTY ATTORNEY Page 313 of 438 Paradise Park & Fiesta Hill lj� I "44 AL 1.. . �. +4 � a f► . ,• ri,M�w�:i. lia�.� y _ W .�-w . . .. . � _ a - �.�� .-. . ' r�. ' , Aw du 1� 1 Locatl onCity Fort Pierce Saint Lucie County Page 314 of 438 10. D.1. '- _\J 0 1 kc LEE w,�_ AGENDA REQUEST TO: Board of County Commissioners RES-2023-36 REGULAR AGENDA - ENVIRONMENTAL RESOURCES DATE: 3/21/2023 *RESOLUTION ITEM - WAIVER QUASI-JUDICIAL ITEM? YES PRESENTED BY: Brian Arbeiter, Sr. Environmental Planner SUBMITTED BY: Environmental Resources SUBJECT: Brock Mason, represented by Bret Montgomery, is requesting a Category I Wetland Waiver to Construct a Single-family Residence on North Hutchinson Island - ITEM IS QUASI-JUDICIAL BACKGROUND: The applicant is seeking approval of a Wetland Waiver to impact a Category I wetland in order to construct a 1,560 SF single-family residential structure, a +/-540 SF outdoor courtyard area, a +/- 1,743 SF front/side yarc area that includes an advanced treatment unit (ATU) for septage disposal, and a +/- 700 SF driveway, totaling +/- 4,543 SF. The subject property is located at TBD N Highway A1A (Parcel ID 1423-120-0020-000-7) in Fort Pierce. PREVIOUS ACTION: On March 31, 2021, St. Lucie County Permitting and Zoning Supervisor completed research and determined the subject property is a Non -Conforming Lot of Record, pursuant to Section 10.00.04. The subject property may be developed subject to complying with all applicable Land Development Code requirements and proof of a recorded easement providing access to the property at the time of building permit application. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board adopt Resolution 2023-36, approving the Wetland Waiver Category 1 for a single- family residence subject to the conditions as set forth in the resolution. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None Page 315 of 438 NAYS: None EXCUSED: None Coordination/Signatures Date: March 10, 2023 Daniel McIntyre, County Attorney Date: Mayte Santamaria, Deputy County Administrator Page 316 of 438 BOARD OF COUNTY COMMISSIONERS 44al Meeting Date: Tuesday Brock Mason Residence March 21, 2023 Category I Wetland Waiver Proaerty Owner Mason, Brock Mandura, Jill 19 Morris Ave Morristown, NJ 07960 Agent Brent Montgomery Environmental Consultant 141 21st Avenue Vero Beach, FL 32962 PIN 1423-120-0020-000-7 Location TBD N Highway A1A Fort Pierce, FL 34949 Future Land Use RM (Residential Medium) Zoning District RS-4 (Residential Single Fami- ly, 4 dwelling units/acre) Proiect Manager Brian Arbeiter Senior Environmental Planner 772-462-2526 ArbeiterB@stlucieco.org In hk Proiect Description The applicant is seeking approval of a Wet- land Waiver to impact a Category I wetland in order to construct a 1,560 SF single-family residential structure, a +/-540 SF outdoor courtyard area, a +/- 1,743 SF front/side yard area that includes an advanced treatment unit (ATU) for septage disposal, and a +/-700 SF driveway, totaling +/- 4,543 SF. The subject property is located at TBD N High -way A1A (Parcel ID 1423-120-0020-000-7) in Fort Pierce. Background The subject site consists of one (1) 0.19- acre vacant parcel zoned RS-4 (Residential Single Family-4) with a future land use of RM (Residential Medium), lying within the Urban Service Boundary (USB). The site contains a 0.14-acre jurisdictional wetland dominated by Brazilian pepper, which occu- pies approximately 74% of the parcel. The subject wetland is categorized as a Category I wetland per Comprehensive Plan Policy 6.1.14.1 due to its hydrologic connection to the Indian River. Staff Recommendation Following review of this application with the current proposed site plan and the criteria for avoidance and minimization of direct impacts to a Category I wetland outlined in the Comprehensive Plan, staff has determined this proposed site plan satisfies the standards outlined in Com- prehensive Plan Policy 6.1.14.3, and therefore, recommends approval of the subject wetland waiver request to the Board of County Commissioners with conditions as outlined in draft Resolution 2023-36. Page 317 of 438 RESOLUTION NO. XXXX-XXX File No. WTLW-000019 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING A CATEGORY I WETLAND WAIVER PER COMPREHENSIVE PLAN POLICY 6.1.14.3 FOR TBD N HIGHWAY A1A (PARCEL ID 1423-120-0020-000-7), NORTH HUTCHISON ISLAND, IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: Brock Mason has requested a waiver from the Comprehensive Plan Policy 6.1.14.3 to allow direct impact for a total of 0.09 acres (3,947 square feet) of Category I wetlands and 0.008 acres (363 square feet) of the associated required 50 ft. upland buffer (which totals 0.098 acres) as depicted on the attached Exhibit B for the development of single- family residence and associated improvements on the property depicted on the attached map Exhibit A, and described in Part B below. 2. After consideration of staff comments and the standards of review for granting waiver adopted from Section 10.01.02 of the St. Lucie County Land Development Code, the Board of County Commissioners has made the following determination. The requested waiver meets the standards of review as set forth in Section 10.01.02 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because: 1. The granting of the requested waiver arises from conditions unique to the land, no other reasonable alternative exists and allows for reasonable use of the property. 2. The granting of the requested waiver will allow the development of a single-family residence that will be in compliance with all applicable building setbacks located within the RS-4 (Residential, Single -Family — 4 du/ac) zoning district. 3. The granting of the requested waiver is not anticipated to adversely affect neighboring properties, as the remaining portion of the wetland and upland buffer along the northern and eastern portion of the property are provided to maintain open space and natural water attenuation and filtration onsite, consistent with the surrounding existing neighborhood. 4. The remaining onsite wetland area and wetland buffer will be restored and maintained via an approved Preserve Area Monitoring and Management Plan (PAMMP). 5. A waiver from the 50 ft. associated wetland upland buffer is necessary for reasonable use of the property and therefore does meet the avoidance and March 21, 2023 Resolution No. xxxx-xxx Page 1 Page 318 of 438 minimization criteria for impacts as it precludes reasonable use of the subject property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Petition of Brock Mason for a Category I Wetland Waiver in accordance with Comprehensive Plan Policy 6.1.14.3 pursuant to Section 10.01.02 Standards of Review of the Land Development Code, for TBD N Highway A1A (Parcel ID 1423-120-0020- 000-7), North Hutchinson Island is hereby approved/denied as depicted in Exhibit B, for the property described below, subject to the following conditions: 1) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the developer shall provide an executed Conservation Easement and approved Preserve Area Monitoring and Management Plan (PAMMP) as applicable with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney. The applicant shall also provide a GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. 2) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, their successor or assigns, shall conduct a pre -construction meeting with construction personnel and Environmental Resources Department staff to verify vegetation and preserve area protection measures have been installed. 3) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a Department of Health Permit reflecting the incorporation of an Aerobic Treatment Unit (ATU), or similar higher functioning system, shall be provided. 4) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 5) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive species shall be eradicated from the site. 6) The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state, federal agency or any other County approvals and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. March 21, 2023 Resolution No. xxxx-xxx Page 2 Page 319 of 438 7) All other applicable state or federal permits must be obtained before commencement of the development. B. The property on which this waiver is being approved is described as follows: 23 34 40 FROM INT OF W R/W LI OFA1A AND N LI OF N 100 FT OF S 1700FT OF GOV LOT 1 RUN S 89 DEG 49 MIN W ALG SD N LI 850 FT FOR POB, TH CONT WLY 100 FT, TH S 80 FT, TH ELY 100 FT, TH N 80 FT TO POB (TRACT J) C. The waiver approval granted under this Resolution is specifically conditioned to the requirement that the petitioners, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to commencement of development activities on the property described in Part B. D. A copy of this resolution shall be attached to the plan exhibit described in Part A, which plan shall be placed on file with the St. Lucie County Environmental Resources Director. E. The conditions set forth in Part A are an integral nonseverable part of the waiver approval granted by this resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the waiver approval granted by this resolution shall become null and void. F. This waiver shall expire twelve months from the date of adoption unless a building permit is approved, or an extension is granted in accordance with Section 10.01.06 of the St. Lucie County Land Development code. G. The Order shall become effective upon the date indicated below. An appeal from the Board of County Commissioners' action may be processed within thirty (30) days in accordance with Section 11.11.02(F), of the St. Lucie County Land Development Code. H. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on -site development activities without obtaining such further development permits as may be required. After motion and second, the vote on this resolution was as follows: Cathy Townsend, Chair XXX Chris Dzadovsky, Vice -Chair XXX Linda Bartz, Commissioner XXX March 21, 2023 Resolution No. xxxx-xxx Page 3 Page 320 of 438 Jamie Fowler, Commissioner XXX Larry Leet, Commissioner XXX PASSED AND DULY ADOPTED this 21st day of March 2023. ATTEST: DEPUTY CLERK March 21, 2023 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA m Chair APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Resolution No. xxxx-xxx Page 4 Page 321 of 438 March 21, 2023 Exhibit A General Location Map Resolution No. xxxx-xxx Page 5 Page 322 of 438 PROPERTY LINE J PRESERVED l RE-PLAJTED PRESERVE r WCT-11 STEMWALL RErAINS HOVSE AGAINST WETLAND Exhibit B ¢ SIGN P ESE Ol PRESERVED I RE -PLANTED VVETLAN❑ OUTDOOR ti COURTYARD ( )—SIGN I Z 'Mf Preserve J Be P.pp d dr Planted W see PMAMP d a M. I SETBINACK .. 20' 4 I 2 WULAND LIMn' BUILDING 35' x 60' � 60 z0 J I m �- slcN w YARD INCIl1DING SEPTIC 9ufier Preserve To Be Prepped K Y h Plontetl 5ae PAMMP DRIVE I PARKING 28' x 25' N WLT JJ0 LIMITS I UPLAN❑ w E Weilontl uff.' is 6e Pre —erupted ter Owner Use !!�" RETAINING WALL 100' Q PROPERTY LINE SIGN 1"= 12' SITE PLAN "a5 STA Brent Montgomery Environmental Consultant Proposed Mason Residence at Ft. Pierce Ir—TT, 141 21atAvenue Vero Beach, Florida 32962 North Huchinson Island, 5t. Lucie County, FL Parcel W. 41423-12D-0020-000-7 ;a'^,� a'I nnantgomeryhrent2@gmall.com March 21, 2023 Resolution No. xxxx-xxx Page 6 Page 323 of 438 ENVIRONMENTAL RESOURCES ]FINAL REPORT TO: Kori Benton, Planning & Development Services Department THROUGH: Aimee L. Cooper, Environmental Regulations Manager Amy E. Griffin, Environmental Resources Director FROM: Brian J. Arbeiter, Senior Environmental Planner DATE: January 31It, 2023 SUBJECT: Mason Category I Wetland Waiver WV-2207-000019 Background The Environmental Resources Department (ERD) is in receipt of the January 3111, 2023, submittal. The applicant is seeking approval of a Wetland Waiver to impact a Category I wetland in order to construct a 1,560 SF single-family residential structure, a +/-540 SF outdoor courtyard area, a +/- 1743 SF front/side yard area that includes an advanced treatment unit (ATU) for septage disposal, and a +/-700 SF driveway, totaling +/- 4,543 SF. The 0.19-acre subject property is located at TBD N Highway A I A (Parcel ID 1423-120-0020-000-7) in Fort Pierce and is zoned Residential Single Family — 4 (RS-4). Findings An Environmental Impact Report dated October 27th, 2022, and prepared by environmental consultant, Brent Montgomery, was reviewed. The +/-0.19-acre site consists of a +/-0.14-acre jurisdictional wetland (as determined by the Florida Department of Environmental Protection (FDEP) on July 27th, 2022 - Permit No. 56-0418906-001-EI - and the U.S. Army Corps of Engineers (ACOE) on July 281h, 2022 - File No. SAJ-2022-00999), which is part of a larger wetland system that continues offsite to the west and north of the property. This wetland is considered Category I per Comprehensive Plan Policy 6.1.14.1 due to its hydrologic connection to the Indian River. Approximately +/- 0.02 acres of the remaining +/-0.05 acres of onsite habitat consists of a mowed upland area with cabbage palms and non-native grasses. The remaining strand of upland that lies along the road right-of-way consists of Brazilian pepper and cabbage palms. The property has not been the subject of any previous development; however, the site and surrounding western and eastern parcels appear to have been previously scraped of undergrowth and partially filled according to observations of a 1958 aerial photograph. Presently, Brazilian pepper dominates the wetland and a portion of the uplands to the south, with scattered palms intermixed throughout the site. Staff s review and findings of the current proposed site plan (depicted below) determined that the applicant demonstrated substantial avoidance and minimization efforts of the Category I wetland, which occupies approximately 74% of the 0.19-acre site. The provided site plan proposes 0.09 acres (3,947 SF) of direct impacts to the Category I wetland and 0.008 acres (363 SF) of indirect impacts to the associated 50 ft buffer. The mangrove wetland was assigned a Uniform Mitigation Assessment Method (UMAM) score of 0.37 as confirmed by both FDEP and ACOE, which is indicative of lower quality habitat. Direct impacts to the mangrove wetland are to be mitigated via the purchase of 0.03 saltwater forested mitigation credits from the Bear Point Mitigation Bank in accordance with the specifications outlined within the FDEP Environmental Resource Permit (Permit No. 56-0418906-001-EI) issued on July 27th, 2022. The applicant has proposed to preserve the remaining 0.05-acre (2,098 SF) Category I wetland and remaining 0.03 acre (1,384 SF) associated buffer, which are to be restored/replanted with native vegetation and placed under a conservation easement in favor of St. Lucie County and the state, and managed in perpetuity in accordance with the Preserve Area and Monitoring Plan (PAMMP). Efforts to avoid and minimize wetland impacts include constructing a residence of modest square footage (1,560 Sq Ft), installing an aerobic treatment unit (ATU) for septage, building a retaining wall and ST. LUCIE Page 324 of 438 stem wall measuring three (3) ft. or more in height thereby eliminating ground -consuming slopes, and not proposing a backyard. While shifting the house pad eastward by approximately 16 ft. to the minimum side yard setback would preserve an additional net of 770 SF of wetland area, the remaining western wetland strand would be segmented (long and narrow) without protection of a western upland buffer, and would extend to the road right-of-way where additional future impacts may be unavoidable. Additionally, the shift would impact 275 SF of interior wetland and a portion of the wetland buffer that already measure less than 50 ft in width due to the small parcel size. Therefore, shifting the house further to the east was not elected by the applicant. A Preserve Area Monitoring and Maintenance Plan (PAMMP) dated January 27th, 2023, was reviewed and found to be consistent with the Land Development Code and Comprehensive Plan. Detailed native planting schedules were provided for the proposed preserved wetland and upland buffer areas. The PAMMP also provides a comprehensive rehabilitation plan and a 5-year maintenance schedule to ensure the preserve area's vitality. Taking into consideration the avoidance and minimization efforts outlined above and understanding that any reasonable development of the property would otherwise impact a significant percentage of the Category I wetland and associated buffer, it is staff's opinion that the proposed development meets the criteria for allowable wetland impacts as outlined in Comprehensive Plan Policy 6.1.14.3. - = 2098 Sq Ft of Preserved Wetland Area (To Be Preserved) = 1384 Sq Ft of Upland Buffer (To Be Preserved) - = 3947 Sq Ft of Wetland Area to be Impacted - = 363 5q Ft of Wetland Area to be Impacted Policy 6.1.14.3 — In addition to the alteration provisions of Policy 6.1.14.2, alteration of a Category I or II wetland may be allowed when no other reasonable alternative exists and avoidance and minimization of impacts cannot otherwise be achieved. Any provision of this Comprehensive Plan or the Land Development Code related to the preservation of a Category I or II wetland that precludes all reasonable economically viable use of the property or would prohibit a reasonable public use of the property and which if applied would result in a compensable taking of the property may be waived to the extent necessary to provide the minimum reasonable use, public or private, of the property. These provisions shall only be waived following the review and approval of the Board of County Commissioners, or their designee, in a manner set forth in the Land Development Code. The standards for the granting of any waiver shall be set forth in the Land Development Code and shall be consistent with the general standards and intent of the Comprehensive Plan. Recommendation Following review of this application with the current proposed site plan and the criteria for avoidance and minimization of direct impacts to a Category I wetland outlined in the Comprehensive Plan, staff has determined this proposed site plan satisfies the standards outlined in Comprehensive Plan Policy 6.1.14.3, and therefore, recommends approval of the subject wetland waiver request to the Board of County Commissioners with conditions as outlined below. ST. LUCIE WORKS Page 325 of 438 Conditions of Approval 1) Prior to issuance of a Certificate of Occupancy all Category I listed invasive plant species shall be eradicated from the site. 2) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 3) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the developer shall provide an executed Conservation Easement and approved Preserve Area Monitoring and Management Plan (PAMMP) as applicable with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney. The applicant shall also provide a GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. 4) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, their successor or assigns, shall conduct a pre -construction meeting with construction personnel and Environmental Resources Department staff to verify vegetation and preserve area protection measures have been installed. 5) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a Department of Health Permit reflecting the incorporation of an Aerobic Treatment Unit (ATU), or similar higher functioning system, shall be provided. Please contact Brian Arbeiter 772-462-2866 if you have any questions or if you would like to meet regarding the details on these requirements. ST. LUCIE WORKF Page 326 of 438 ST. LUCIE COUNTY oJ �Environmental Resources Department Regulations Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2526; Fax: 772-462-1684 Environmental Regulations & Permits WETLAND WAIVER APPLICATION All required materials and non-refundable fees must be included at the time of submittal. Prior to submittal, all applications require a pre -application conference. Please contact the Environmental Regulations Division at 462-2526 to schedule an appointment. Please be advised if the administrative variance is denied, the application may be appealed to the Board of County Commissioners. Public hearing variance procedures and fees will apply. 101NXGKIIC9111Ar1[110MAILD].9I'MweIND11 FE-111111111111 0119179 DMA I D\AN y 3 *an additional $5 BIMS fee may be applied if the application is not associated with a Building Permit Application • Additional fees will required for postage on Public Notice mail outs to all property owners who own real property within five hundred (500) feet of the property applying for the variance. Receipt No. of Payment: Requirements Checklist All applications must include the following: ❑ Three (3) sets of original documents and three (3) electronic copies of all documents submitted. See required naming list below. ❑ Application, completed in black ink, with property owner signature(s) and notary seal ❑ Aerial Photograph — property outlined (available from Property Appraiser's office) ❑ Legal description, in MS Word format, of subject property ❑ Site Plan ❑ Boundary Survey — Signed and Sealed ❑ Topographic Survey — Signed and Sealed ❑ Existing Conditions Plan/Restoration Plan ❑ Environmental Impact Report ❑ Mitigation Plan ❑ Copies of all applicable external agency permits (including but not limited to ACOE, FDEP, and/or SFWMD) ❑ Preserve Area Management Plan (if applicable) *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for this application. The legal description provided must be legally correct. An incorrect description will invalidate the results of any hearing(s). Page 1 of 4 Page 327 of 438 Required Document Naming List * All electronic documents must be formatted and named according to the list below. If the submittal includes a document not on the list, the document name shall clearly reflect the content of the document. Document Document Format Required Name on CD Aerial Photograph PDF Aerial.pdf Application PDF Application.pdf Boundary / Topographic Survey PDF Boundar Topo.pdf Easements PDF Easements.pdf Environmental Impact Report PDF or Word EIR.pdf or EIR.doc Existing Condition Plan PDF ExistingCond.pdf Restoration Plan PDF Landscape.pdf Legal Description Word Legal.doc Mitigation Plan PDF Mitigation.pdf Permit (External) PDF Permit.pdf Site Plan PDF SitePlan.pdf Tree Survey PDF Tree.pdf Vegetation Removal Application PDF Vegetation.pdf Protect Information Site address: (Unassigned) adjacent to 4215 N. A1A, Ft. Pierce, FL 34949 Parcel ID Number(s): 1423-120-0020-000-7 Property Size — Acres: 0.18 Future Land Use Designation: R Square Footage. 8,000 Zoning District: RS-4 What is the purpose of the proposed waiver and the intended development of the subject property if the variance is granted: Waiver is requested to allow construction of a modest residence on a lot 76% covered by a poor - quality Category I wetland. 2. State the specific hardship imposed on the owner or practical difficulties which may result from strict compliance with the Land Development Code and Comprehensive Plan. Describe how denial of the waiver request would result in a hardship for the applicant (versus a mere inconvenience) such as, but not limited to, severe property loss. Lot is small, and extent of wetland coverage makes site un-buildable in any sense if the prohibition on wetland impact (3,947 sq. ft proposed) and buffer impact (470 sq ft proposed) is applied. Property is zoned for residential use, and was acquired for that purpose. Denial of this request would render the lot un-buildable and probably un-sellable. Page 2 of 4 Page 328 of 438 3. State reasons why this hardship is unique to the owner and explain how the conditions warranting a variance were created by circumstances beyond the applicant's control. Lot was created for single-family residential use decades ago, prior to the Comprehensive Plan. More recent enactment of wetland protections in the Plan encumbered this lot with crippling restrictions not present at its creation, yet with only this option (pursuit of relief via Waiver) as compensation. 4. Provide findings and how the waiver request will not adversely affect the environment or other public interest through proposed mitigation, avoidance and minimization, and exploration of alternatives. Please Note: Facts provided by other interested parties and the public will be given equal consideration. Wetland function on the site is minimal, degraded by exotic vegetation (Brazilian Pepper), and by adjacency to existing home and raised road. Applicant has minimized house coverage to 65% of that allowed by zoning, and will preserve from impact 45% of the total wetland on the site. Applicant will supply mitigation at salt/brackish mitigation bank in the County which will provide successful and long-term, secure environmental benefit not realizable at this site. 5. State reasons why this waiver conforms to the intent of the Land Development Code and Comprehensive Plan wetland protection regulations. LDR's state in Section 6.02.01(c) that exceptions shall be made for sites where.. ecological functions and values are significantly reduced; site benefits are presently ecologically minimal; those minimal functions are irreversible and not practically restored; development is carried out in the least ecologically damaging fashion. Requested Waiver conforms. Comp Plan at 6.1.14.2 and 6.1.14.3 states alteration allowable "when no other reasonable alternative exists and avoidance and minimization of impacts cannot otherwise be achieved." Met. 6. State why this waiver is the minimum that will make possible a reasonable use of the land, building and structures. Excepting the restriction addressed by this waiver, the property is otherwise readily accessible, and buildable, via unremarkable techniques. Publicly -supplied water is already present at the site. 7. Is this variance request located within a Homeowners or Property Owners Association? NO For any variance request within an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. Page 3 of 4 Page 329 of 438 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All submittal and request for additional information requirements must be met prior to review St. Lucie County reserves the right to request additional information to ensure a complete review of this project. Applicant Information (Property Developer): Agent Information: Business Name: Business Name: Name: Brock Mason Name: Brent Montgomery Address: 19 Morris Avenue Address: 141 21st Avenue Morristown, NJ 07960-4207 Vero Beach, FL 32962 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: (908) 370-3214 Phone: (772) 696-1904 Fax: Fax: Email: Mason40440yahoo.com Email: montgomerybrent2e-gmail.com Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information The application package will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said prope y owner 0 Property Owner Signature Mailing Address: 19 Morris Avenue Brock Mason Property Owner Name (Printed) Phone: (908) 370-3214 If more than one owner, please submit additional pages STATE OF Neu COUNTY OF LLrf r S Th foregoing instrument was acknowledged before me this _ `day of -y` i 20� by Icf_ it who is personally known to me or who has produced as identification. _MATTHEW C. AMICK NOTARY PUBLIC OF NEW JERSEY 1...ace1nN FxPIRES NOVEMSER 2, 21 COMMISSION #501 INTAKE REVIEWER - SIGNATURE VERIFIED BY - SIGNATURE File Number: mission Number (Seal) /"-kt-w , ., /&K_ Type or Print Name of Notary DATE DATE Page 4 of 4 Page 330 of 438 PROPERTY LINE SIGN SIGN FENC PRESERVED / RE -PLANTED `1 Q N PRESERVED / RE -PLANTED PRESERVE WETLAND WETLAND SIGN, TYP. o N I O�SIGN 20' RETAINING ALL w STEMWALL RETAINS w z_ HOUSE AGAINST I z_ J WETLAND Buffer Preserve J 7.5' To Be Prepped & Planted Ld a -SETBACK OUTDOOR I See PAMMP N COURTYARD N I s' Of in in 7.5' O O 00 MIN. 00 J SETBACK w I 3 U Z z WETLAND r Z BUILDING 35' x 60' LIMITS Q z a 60' z — — — o m O— SIGN I LLJ Y U > LLJ YARD INC UDING SEPTIC Buffer Preserve w N To Be Prepped & Planted Z See PAMMP DRIVE PARKING N WETLAND LIMITS UPLAND N W E Wetland uffer to be Pre—empted for Owner Use RETAINING WALL S 100' Q PROPERTY LINE SIGN 1" = 12' SITE PLAN ENGINEER'S SEAL: Brent Montgomery Environmental Consultant Proposed Mason Residence at Ft. Pierce 141 21stAvenue Vero Beach, 32962 North Huchinson Island, St. Lucie County, FL Parcel I.D. #1423-120-0020-000-7 SCOTT T. MONTGOMERY, P.E. Vero Beach, FloridaF o 2 FLORIDA DEPARTMENT OF Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 Project Name: Brock Mason Permittee/Authorized Entity: Brock Mason I9 Morris Avenue Morristown, NJ 07960 Email: Mason4044gyahoo.com Authorized Agent: Brent Montgomery Environmental Consultant c/o Brent Montgomery, Principal Email: Montgomerybrent2kgmail.com Environmental Resource Permit - Granted State-owned Submerged Lands Authorization — Not Applicable Ron DeSantis Governor Jeanette Nunez Lt. Governor Shawn Hamilton Secretary U.S. Army Corps of Engineers / Section 404 Authorization — Separate Authorization Required Permit No.: 56-0418906-001-EI Permit Issuance Date: July 27, 2022 Permit Construction Phase Expiration Date: July 27, 2027 Page 332 of 438 Environmental Resource Permit Permit No.: 56-0418906-001-EI PROJECT LOCATION The activities authorized by this Permit are located within an unnamed wetland, adjacent to N Highway AIA, Fort Pierce (Parcel ID: 1423-120-0020-000-7), (Section 23, Township 34 South, Range 40 East), in Saint Lucie County (Latitude N 27°30'39.08", Longitude W-80°18'35.32"). PROJECT DESCRIPTION This permit authorizes the construction of a single-family home with an outdoor courtyard, a driveway, and a retaining wall. In total, this permit authorizes 3,947 square feet of direct impacts to degraded mangrove wetlands. To offset unavoidable adverse impacts to 3,947 square feet (approximately 0.091 acres) of mangrove wetlands, the permittee has elected to purchase 0.03 saltwater forested mitigation credits from Bear Point Mitigation Bank. Approximately 2,124 square feet (.049) acres of wetlands shall remain on the site. The permittee shall submit proof of purchase of the required mitigation credits prior to impacting the wetlands. AUTHORIZATIONS Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit. Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.). Sovereignty Submerged Lands Authorization As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the Department has determined the activity does not require further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the Florida Administrative Code. Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG FORM 4345, or alternative as allowed by their regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Source Book at: hgps://www.saj.usace.aimy.mil/Missions/Re ug latory/Source-Book. Authority for review - an agreement with the USACOE entitled "Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit", Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 2 of 10 Page 333 of 438 Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act. Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C.1341. Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities. This permit does not relieve you from the requirements to obtain all other required permits or authorizations. The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department. PERMIT CONDITIONS The activities described must be conducted in accordance with: • The Specific Conditions • The General Conditions • The limits, conditions and locations of work shown in the attached drawings • The term limits of this authorization You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit as described. SPECIFIC CONDITIONS- PROJECT FORMS & ATTACHMENTS (1) The attached project drawings (sheets 1 through 5); the "Florida EPPC's 2015 Invasive Plant Species List" which can be downloaded at http://www.fleppc.org/list/2015FLEPPCLIST- LARGEFORMAT-FINAL.pdf; and DEP forms 62-330.310(3), 62-330.310(1); 62-330.310(2); 62- 330.340(1); and 62-330.350(1), which may be downloaded at http://www.dep.state.fl.us/water/wetlands/erp/forms.htm become part of this permit. If the permittee does not have access to the Internet, please contact the Department at (561) 681-6600 to request the aforementioned forms and/or document(s). Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 3 of 10 Page 334 of 438 SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION (2) After selection of the contractor to perform the authorized activities and prior to the initiation of any work authorized by this permit, the permittee (or authorized agent) and the contractor shall attend a pre -construction conference with a representative of the Department. It shall be the responsibility of the permittee to contact the Department's Compliance Assistance Program, by email SED_Compliance@FloridaDEP.gov, or by phone (561) 681-6600, to schedule the pre - construction conference. (3) Prior to initiation of any work authorized by this permit, all wetlands, surface waters, and storm drains, outside the specific limits of construction authorized by this permit shall be protected from erosion, siltation, sedimentation, and/or scouring, including the placement of staked erosion control devices around the project area and staging area(s) that are located outside of any authorized impact areas. The limits of impact shall be clearly marked during construction in a way which is visible and obvious to anyone performing work on -site, including someone operating heavy equipment. Orange construction fence or tall flagged stakes along the barriers are possible methods. (4) This permit authorizes permanent impacts to the wetland fill area shown on the permit drawings only (0.091 acres). No other areas are authorized to be impacted, which includes but is not limited to clearing with the use of heavy equipment, filling, or excavation. (5) Prior to any construction or impacts authorized by this permit, the permittee shall provide the Department with documentation that 0.03 State saltwater mitigation credits have been deducted from the credit ledger of the Bear Point Mitigation Bank, authorized under DEP permit number 0175246001. SPECIFIC CONDITIONS — CONSTRUCTION ACTIVITIES (6) Any fill material used shall be clean fill and free of vegetative matter, trash, rebar, garbage, toxic or hazardous waste, or any other unsuitable materials. (7) There shall be no storage or stockpiling of tools and materials (i.e., lumber, pilings, debris), within wetlands or along the shoreline adjacent to waters of the state. All excess lumber, scrap wood, trash, garbage, and any other type of debris shall be removed from wetlands/waters of the state within 14 days of completion of the work authorized in this permit. All construction equipment/tools and materials shall be transported to and from the site via upland roadways and barges and all equipment/tools and materials shall be stored on the uplands. (8) Staked filter cloth shall be positioned at the edge of the permitted fill slopes adjacent to wetlands to prevent turbid run-off and erosion. Grass seed, or sod shall be installed and maintained on exposed slopes and disturbed soil areas within 48 hours of completing final grade, and at other times as necessary, to prevent erosion, sedimentation or turbid discharges into waters of the state and adjacent wetlands. A vegetative cover that stabilizes and prevents erosion of the fill material shall be established within 60 days of sodding or seeding. Turbidity barriers/erosion control devices shall be removed upon establishment of a substantial vegetative cover. Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 4 of 10 Page 335 of 438 SPECIFIC CONDITIONS — LISTED SPECIES (9) This permit does not authorize the permittee to cause any adverse impact to or "take" of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or applicant associated with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions of "take" and a list of fish and wildlife species. If listed species are observed onsite, FWC staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a "take" permit cannot be issued. Requests for further information or review can be sent to FWCConservationPlanningServiceskMyFWC.com GENERAL CONDITIONS FOR INDIVIDUAL PERMITS The following general conditions are binding on all individual permits issued under chapter 62-330, F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project -specific conditions. (1) All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. (2) A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. (3) Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance -based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. (4) At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice," [October 1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 5 of 10 Page 336 of 438 (5) Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. (6) Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex — "Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or b. For all other activities — "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. (7) If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62- 330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. (8) The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. (9) This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. (10) Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 6 of 10 Page 337 of 438 (11) The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. (12) The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. (13) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. (14) If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, 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, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. (15) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. (16) The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. (17) This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. (18) A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 7 of 10 Page 338 of 438 NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until a subsequent order of the Department. Because the administrative hearing process is designed to formulate final agency action, the subsequent order may modify or take a different position than this action. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28- 106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 8 of 10 Page 339 of 438 otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a). The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a parry to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver may not apply to persons who have not received a clear point of entry. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep. state. fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department. Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 9 of 10 Page 340 of 438 Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION J/ Norva Blandin, MSEM Program Administrator Permitting and Waste Cleanup Program Southeast District CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: FDEP — Norva Blandin, Jeffrey Meyer, Lucy Brandenburg Brent Montgomery, Brent Montgomery Environmental Consultant, Montgomen brent2ggmail.com FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. ('' ghjj . g July 27, 2022 Clerk Date Attachments: Project Drawings and Design Specs., 5 pages Florida EPPC's 2015 Invasive Plant Species List, 6 pages, can be downloaded at hqp://www.fleppc.org/list/2015FLEPPCLIST-LARGEFORMAT-FINAL.pd Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit Form 62-330.310(3)* As -built Certification and Request for Conversion to Operational Phase Form 62-330.310(1)* Request for Transfer to the Perpetual Operation Entity Form 62-330.310(2)* Request to Transfer Permit Form 62-330.340(1)* Commencement Notice Form 62-330.350(1)* *Can be downloaded at: https:Hfloridadep.jzov/water/submerged-lands-environmental-resources- coordination/content/forms-environmental-resource Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 10 of 10 Page 341 of 438 Proposed Mason Residence at Ft. Pierce LOCATION MAP - REGIONAL, with LOCAL DETAIL INSET Brent Montgomery Environmental Consultant 141 21S Avenue Vero Beach, FL 32962 (772)696-1904 m ontgomerybrent2ngm ail. corn Page 342 of 438 Brock Mason Proposed Residence Site Wetland Plus Off -site Context Brent Montgomery Environmental Consultant 141 21 st Avenue Vero Beach, FL 32962 (772) 696-1904 montgomerybrent2@gmail.com Page 343 of 438 FARFAIF Cr �♦�♦�♦�♦�♦���j♦�♦�.�♦�♦�♦�♦�♦ IliIIiIVIVIVIIiIIiIVIVIVIli.Ili♦�♦M♦�♦�.�♦�♦�♦�'�.�♦�♦�.�♦�♦� ��������I������������������������`�������������� ♦����i��ININ00�#� �������������������������'� Ir IN Owl OvOr OVA WETLAND LIMITS Owl 155 Owl NON OVA III OVA OR FA OVA 4 �����������������������������II������������ FA OVA OWA OVA OVA rggr ��OR ����������11!�����������������������������������������������������������I����������iOwl 111FIEVARAFEVA OVA &I OVA Owl OVA OVA OWN OVA, LAND • u 70' 60' 50' 40' D 30' 20' Brent Montgomery PLAN VIEW of WETLAND FILL Environmental Consultant 141 21 st Avenue Proposed Mason Residence at Ft. Pierce Vero Beach, Florida 32962 montgomerybrent2 a@Fp.bf 438 SITE PLAN Proposed Mason Residence at Ft. Pierce North Huchinson Island, St. Lucie County, FL Parcel l.D.41423-120-0020-000-7 N VV E S lie = 12' Page 345 of 43 vlI zl �I FINISHED GRADE w al RETAINING O� r WALL 25' FRONT SETBACK SEPTIC is DRAINFIELD L /-CHAMBERS STEM WALL QR PILE PERIMETER FOOTERS TBD 35' PROPOSED 2--STORY RESIDENCE MIN. F.F.E. ® AE3 4.0' (NAVD88) SHW ® KING TIDE RANGES 1.3' TO 1.7' — — J —ES[IST. WETLAND FLOOR GRADE} — — — — — VARIES EL. 0.1' TO 0.5' Section A -A' NOTES: 1, ALL ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM (NAVD88), TAKEN FROM FROM SURVEY DATA PREPARED BY CRAIG WATSON, P.S.M. 2. SITE LIES WITHIN FLOOD ZONE AE, HAVING A BASE FLOOD ELEV. (B.F.E.) OF 3.0 NAVD 88. THE MIN. F.F.E. OF 4.0 NAVD 88 COMPLIES WITH LOCAL JURISDICTION REQUIREMENTS OF ONE (1) FOOT ABOVE THE B.F.E. THE FINAL F.F.E. IS TO BE SET BY OTHERS. 20' -PLANTED WETLAND w z 7 I� 6 id 5 —STEM WALL f� 3 1 -------- --- 0 z ,� ❑ o0 r= m ¢q �.I a w v CROSS-SECTION ENGINEER'S SEAL: y Brent Montgomery �,� Environmental Consultant Proposed Mason Residence at Ft. Pierce rrl`114121 st Avenue Vera Beach, Florida 32982 North Huchinson Island, St. Lucie County, FL Parcel I.D. #1423-120-0020-000-7 �7� E P.E.Vero Beach, montgomerybrent2@gmaii.com 9 rY @9 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 July 28, 2022 Regulatory Division North Branch Cocoa Section SAJ-2022-00999(NW-J DP) Brock Mason 19 Morris Avenue Morristown, NJ 07960 Sent via email: Mason4044@yahoo.com Dear Applicant: The U.S. Army Corps of Engineers (Corps) has completed the review of your application for a Department of the Army permit received on March 21, 2022. Your application was assigned file number SAJ-2022-00999. A review of the information and drawings provided indicates that the proposed work would result in construction of a single-family residence and associated support infrastructure, requiring impacts to Waters of the U.S. (WOTUS). Specifically, the project requires direct (fill) impacts to 0.09 acre of wetlands. The project also entails the optional enhancement of 0.05 acre of avoided on -site wetlands through low -impact clearing of exotic vegetation and re- planting with appropriate native vegetation. The project shall be completed in accordance with the attached Plan Set. The activities subject to this permit are authorized pursuant to authorities under Section 404 of the Clean Water Act (33 U.S.C. § 1344). The project is located at along the north side of Regal Road, in Section 23, Township 34 South, Range 40 East, St. Lucie County, Florida. Latitude 27.510852°, Longitude-80.309848°. Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) 18 (Minor Discharges). This verification is valid until March 14, 2026. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP. In order for this NWP authorization to be valid, you must ensure that the work is performed in accordance with the NWP General Conditions and the Jacksonville District Regional Conditions, and the General and Project -Specific Special Conditions listed below. Alternatively, you can access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory Source Book web page for links to view NWP information at: httos://www.sai.usace.armv.mil/Missions/Reaulatorv/Source-Book/. Please be aware Page 347 of 438 -2- this Internet address is case sensitive and should be entered as it appears above. Once there select "Source Book" and then select "Nationwide Permits." These files contain the description of the NWP authorization, the NWP general conditions, and the regional conditions, which apply specifically to this NWP verification. You must comply with all of the special and general conditions for NWP-18, including any project -specific conditions included in this letter and all conditions incorporated by reference as described above. General Conditions (33 CFR PART 320-330): 1. The time limit for completing the work authorized ends on March 14, 2026. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity, or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner on the transfer form attached to this letter and forward a copy to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions (Attachment). 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Page 348 of 438 991 Project Specific Special Conditions: 1. Reporting Address: The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses: a. For electronic mail (preferred): SAJ-RD-Enforcement(aD-usace.army. miI (not to exceed 15 MB). b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. The Permittee shall reference this permit number, SAJ-2022-00999 (NW—JDP), on all submittals. 2. Commencement Notification: Within 10 days from the date of initiating the work authorized by this permit, the Permittee shall submit a completed "Commencement Notification" form (Attachment). 3. As -Built Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall submit as -built drawings of the authorized work and a completed "As -Built Certification by Professional Engineer or Surveyor" form (Attachment) to the Corps. The as -built drawings shall be signed and sealed by a registered professional engineer or surveyor and include the following: a. A plan view drawing of the location of the authorized work footprint, as shown on the permit drawings, with an overlay of the work as constructed. The plan view drawing should show all existing water management structures and the completed structures, dredge/fill activities, and wetland impacts. b. A list of any deviations between the work authorized by this permit and the work as constructed. In the event that the completed work deviates, in any manner, from the authorized work, describe on the attached "As -Built Certification by Professional Engineer" form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as -built drawings any deviations that have been listed. Please note that the depiction and/or description of any deviations on the drawings and/or "As -Built Certification by Professional Engineer" form does not constitute approval of any deviations by the Corps. Page 349 of 438 ME c. The Department of the Army permit number on all sheets submitted. 4. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect, impact, or disturb properties listed in the National Register of Historic Places (NRHP), or those eligible for inclusion in the NRHP. b. If, during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with native cultures or early colonial settlement), the Permittee shall immediately stop all work and ground - disturbing activities within a 100-meter diameter of the discovery and notify the Corps at the addresses listed in the Reporting Address Special Condition within the same business day (8 hours). The Corps shall coordinate with the Florida State Historic Preservation Officer (SHPO) to assess the significance of the discovery and devise appropriate actions. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition and, if deemed necessary by the SHPO or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non- federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. d. In the unlikely event that unmarked human remains are identified on non-federal lands; they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archaeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO. Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke Page 350 of 438 &I the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the SHPO and from the Corps. 5. Eastern Indigo Snake Protection Measures and Inspection: Permittee shall comply with U.S. Fish and Wildlife Service's "Standard Protection Measures for the Eastern Indigo Snake" dated August 12, 2013, as provided in Attachment of this permit. 6. Erosion Control: Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material outside the work area into waters of the United States. The erosion control measures shall remain in place and be maintained until all authorized work is completed and the work areas are stabilized. 7. Fill Material: The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance in toxic amounts, in accordance with Section 307 of the Clean Water Act. 8. Mitigation Bank Credit Purchase: Prior to commencement of work, the Permittee shall provide verification to the Corps that 0.03 Estuarine E-WRAP federal mitigation bank credits have been purchased from the Bear Point Mitigation Bank (SAJ-1997-07812).The required verification shall reference this project's permit number SAJ-2022-00999 (NW —JDP). Jurisdictional Determination: A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. This letter of authorization does not include conditions that would prevent the `take' of a state -listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (http://www.myfwc.com/license/wildlife/) for more information, including a list of those fish and wildlife species designated as species of special concern or threatened. The Florida Natural Areas Inventory Page 351 of 438 062 (http://www.fnai.org/) also maintains updated lists, by county, of documented occurrences of those species. This letter of authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. This letter of authorization does not preclude the necessity to obtain any other Federal, State, or local permits, which may be required. Thank you for your cooperation with our permit program. The Corps' Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at https://regulatory.ops.usace.army.miI/customer-service-survey/. Please be aware this Internet address is case sensitive and you will need to enter it exactly as it appears above. Your input is appreciated — favorable or otherwise. Should you have any questions related to this NWP verification or have issues accessing the documents reference in this letter, please contact Jason D. Perryman at the letterhead address above, via telephone at 321-504-3771, or via e-mail at jason.d.perryman@usace.army.mil. Sincerely, Jason D. Perryman Project Manager Enclosures Cc: Agent — Brent Montgomery, Brent Montgomery Environmental Consulting, montgomerybrent2@gmail.com Page 352 of 438 ATTACHMENT USACE Standard Forms Page 353 of 438 DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST DA PERMIT NUMBER: SAJ-2022-00999(NW-JDP) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019 or submit via electronic mail to: SAJ-RD-Enforcement(a)_usace.army.mil (not to exceed 15 MB). (TRANSFEREE -SIGNATURE) (DATE) (NAME -PRINTED) (MAILING ADDRESS) (CITY, STATE, ZIP CODE) (SUBDIVISION) (LOT) (BLOCK) (STREET ADDRESS) Page 354 of 438 COMMENCEMENT NOTIFICATION Within 10 days of initiating the authorized work, submit this form via electronic mail to saj- rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. 1. Department of the Army Permit Number: SAJ-2022-00999(NW-JDP) 2. Permittee Information: Name: Email: Address: Phone: 3. Construction Start Date: 4. Contact to Schedule Inspection: Name: Email: Phone: Signature of Permittee Printed Name of Permittee Date Dated 9/18/2019 Page 355 of 438 AS -BUILT CERTIFICATION BY PROFESSIONAL ENGINEER Within sixty (60) days of completion of the authorized work, submit this form and one set of as - built engineering drawings via electronic mail to sai-rd-enforcement(a)-usace.army, mil (preferred, but not to exceed 15 MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. If you have questions regarding this requirement, please contact the Enforcement Branch at 904-232-3697. Within sixty (60) days of completion of the authorized work, the Permittee shall also provide a courtesy copy of the signed and sealed As -Built drawings to the Corps, Engineering Division. Submittals shall be sent either electronically by email at ENPermits.CESAJ(a-_)usace.arm V.mil or by standard mail at Post Office Box 4970, Jacksonville, Florida 32232-0019. 1. Department of the Army Permit Number: SAJ-2022-00999(NW-JDP) 2. Permittee Information: Name: Address: 3. Project Site Identification (physical location/address): 4. As -Built Certification: I hereby certify that the authorized work, including any mitigation required by Special Conditions to the permit, has been accomplished in accordance with the Department of the Army permit with any deviations noted below. This determination is based upon on -site observation, scheduled and conducted by me or by a project representative under my direct supervision. I have enclosed one set of as -built engineering drawings. Signature of Engineer (FL, PR, or VI) Reg. Number City Name (Please type) Company Name State PAIN Page 356 of 438 -2- (Affix Seal) Date Date Work Started: Telephone Number Date Work Completed: Identify any deviations from the approved permit drawings and/or special conditions (attach additional pages if necessary): Dated 9/18/2019 Page 357 of 438 ATTACHMENT Project Maps and Site Plans Page 358 of 438 Proposed Mason Residence at Ft. Pierce LOCATION MAP - REGIONAL, with LOCAL DETAIL INSET Brent Montgomery Environmental Consultant 141 21S Avenue Vero Beach, FL 32962 (772)696-1904 m ontgomerybrent2ngm ail. corn Page 359 of 438 Brock Mason Proposed Residence Site Wetland Plus Off -site Context Brent Montgomery Environmental Consultant 141 21 st Avenue Vero Beach, FL 32962 (772) 696-1904 montgomerybrent2@gmail.com Page 360 of 438 FARFAIF Cr �♦�♦�♦�♦�♦���j♦�♦�.�♦�♦�♦�♦�♦ IliIIiIVIVIVIIiIIiIVIVIVIli.Ili♦�♦M♦�♦�.�♦�♦�♦�'�.�♦�♦�.�♦�♦� ��������I������������������������`�������������� ♦����i��ININ00�#� �������������������������'� Ir IN Owl OvOr OVA WETLAND LIMITS Owl 155 Owl NON OVA III OVA OR FA OVA 4 �����������������������������II������������ FA OVA OWA OVA OVA rggr ��OR ����������11!�����������������������������������������������������������I����������iOwl 111FIEVARAFEVA OVA &I OVA Owl OVA OVA OWN OVA, LAND • u 70' 60' 50' 40' D 30' 20' Brent Montgomery PLAN VIEW of WETLAND FILL Environmental Consultant 141 21 st Avenue Proposed Mason Residence at Ft. Pierce Vero Beach, Florida 32962 montgomerybrent2 a@Fp.96%f 438 SITE PLAN Proposed Mason Residence at Ft. Pierce North Huchinson Island, St. Lucie County, FL Parcel l.D.41423-120-0020-000-7 N VV E S lie = 12' Page 362 of 43 vlI zl �I FINISHED GRADE w al RETAINING O� r WALL 25' FRONT SETBACK SEPTIC is DRAINFIELD L /-CHAMBERS STEM WALL QR PILE PERIMETER FOOTERS TBD 35' PROPOSED 2--STORY RESIDENCE MIN. F.F.E. ® AE3 4.0' (NAVD88) SHW ® KING TIDE RANGES 1.3' TO 1.7' — — J —ES[IST. WETLAND FLOOR GRADE} — — — — — VARIES EL. 0.1' TO 0.5' Section A -A' NOTES: 1, ALL ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM (NAVD88), TAKEN FROM FROM SURVEY DATA PREPARED BY CRAIG WATSON, P.S.M. 2. SITE LIES WITHIN FLOOD ZONE AE, HAVING A BASE FLOOD ELEV. (B.F.E.) OF 3.0 NAVD 88. THE MIN. F.F.E. OF 4.0 NAVD 88 COMPLIES WITH LOCAL JURISDICTION REQUIREMENTS OF ONE (1) FOOT ABOVE THE B.F.E. THE FINAL F.F.E. IS TO BE SET BY OTHERS. 20' -PLANTED WETLAND w z 7 I� 6 id 5 —STEM WALL f� 3 1 -------- --- 0 z ,� ❑ o0 r= m ¢q �.I a w v CROSS-SECTION ENGINEER'S SEAL: y Brent Montgomery �,� Environmental Consultant Proposed Mason Residence at Ft. Pierce rrl`114121 st Avenue Vera Beach, Florida 32982 North Huchinson Island, St. Lucie County, FL Parcel I.D. #1423-120-0020-000-7 �7� E P.E.Vero Beach, montgomerybrent2@gmaii.com 9 rY @9 RESTORATION PLAN Wetland Enhancement Via Planting The developed Mason site is to contain 2,124 square feet of preserved wetland. The feature is presently exotic -infested (Brazilian Pepper), which is to be purged from the preserve area by removal of at least the above -ground portion (i.e. chainsaw severing), but may go as far as whole -specimen removal via grubbing, since there is little desirable vegetation to protect. Operations in preserved wetland, regardless of technique, shall utilize low -psi equipment in order to minimize ground disturbance. Upon completion of removal, the wetland floor is to be smoothed to the degree possible, and planted per the following table: Table 1. Planting Schedule for Preserved Wetland Enhancement, 2,124 sq ft. Species Size Count Location/Spacing* Green Buttonwood (Conocarpus erecta) 15-gal 10 Throughout, 15' x 15' Cabbage Palm (Saba) palmetto) 7-gal 6 Shallower regions TOTAL TREES 15 Marsh Elder (Iva frutescens) 4" plug 225 Throughout Sea Oxeye Daisy (Borrichia frutescens) 4" plug 225 Throughout TOTAL GROUNDCOVER 450 Yields spacing 26"x 26" *Spacing figure for computational purposes only. Plants should be varied in spacing, and may be clumped for "natural" presentation. However, leave no large ground voids. Due to the low moisture potential of the wetland soil, and depending on season, irrigation is likely to be necessary to ensure survival of planted specimens. Therefore, the planting task may await that stage of site development when water is available and conflict with home construction is low. Periodic watering must be maintained until plants demonstrate that they are established sufficiently to rely solely on ground moisture and natural precipitation. Page 364 of 438 ATTACHMENT Eastern Indigo Snake Requirements Page 365 of 438 STANDARD PROTECTION MEASURES FOR THE EASTERN INDIGO SNAKE U.S. Fish and Wildlife Service August 12, 2013 The eastern indigo snake protection/education plan (Plan) below has been developed by the U.S. Fish and Wildlife Service (USFWS) in Florida for use by applicants and their construction personnel. At least 30 days prior to any clearing/land alteration activities, the applicant shall notify the appropriate USFWS Field Office via e-mail that the Plan will be implemented as described below (North Florida Field Office: jaxregsgfws.gov; South Florida Field Office: verobeach(&fws.gov; Panama City Field Office: panamacity(iOws.gov). As long as the signatory of the e-mail certifies compliance with the below Plan (including use of the attached poster and brochure), no further written confirmation or "approval" from the USFWS is needed and the applicant may move forward with the project. If the applicant decides to use an eastern indigo snake protection/education plan other than the approved Plan below, written confirmation or "approval" from the USFWS that the plan is adequate must be obtained. At least 30 days prior to any clearing/land alteration activities, the applicant shall submit their unique plan for review and approval. The USFWS will respond via e- mail, typically within 30 days of receiving the plan, either concurring that the plan is adequate or requesting additional information. A concurrence e-mail from the appropriate USFWS Field Office will fulfill approval requirements. The Plan materials should consist of: 1) a combination of posters and pamphlets (see Poster Information section below); and 2) verbal educational instructions to construction personnel by supervisory or management personnel before any clearing/land alteration activities are initiated (see Pre -Construction Activities and During Construction Activities sections below). POSTER INFORMATION Posters with the following information shall be placed at strategic locations on the construction site and along any proposed access roads (a final poster for Plan compliance, to be printed on 11" x 17" or larger paper and laminated, is attached): DESCRIPTION: The eastern indigo snake is one of the largest non -venomous snakes in North America, with individuals often reaching up to 8 feet in length. They derive their name from the glossy, blue -black color of their scales above and uniformly slate blue below. Frequently, they have orange to coral reddish coloration in the throat area, yet some specimens have been reported to only have cream coloration on the throat. These snakes are not typically aggressive and will attempt to crawl away when disturbed. Though indigo snakes rarely bite, they should NOT be handled. SIMILAR SNAKES: The black racer is the only other solid black snake resembling the eastern indigo snake. However, black racers have a white or cream chin, thinner bodies, and WILL BITE if handled. LIFE HISTORY: The eastern indigo snake occurs in a wide variety of terrestrial habitat types throughout Florida. Although they have a preference for uplands, they also utilize some wetlands Page 366 of 438 and agricultural areas. Eastern indigo snakes will often seek shelter inside gopher tortoise burrows and other below- and above -ground ref igia, such as other animal burrows, stumps, roots, and debris piles. Females may lay from 4 - 12 white eggs as early as April through June, with young hatching in late July through October. PROTECTION UNDER FEDERAL AND STATE LAW: The eastern indigo snake is classified as a Threatened species by both the USFWS and the Florida Fish and Wildlife Conservation Commission. "Taking" of eastern indigo snakes is prohibited by the Endangered Species Act without a permit. "Take" is defined by the USFWS as an attempt to kill, harm, harass, pursue, hunt, shoot, wound, trap, capture, collect, or engage in any such conduct. Penalties include a maximum fine of $25,000 for civil violations and up to $50,000 and/or imprisonment for criminal offenses, if convicted. Only individuals currently authorized through an issued Incidental Take Statement in association with a USFWS Biological Opinion, or by a Section 10(a)(1)(A) permit issued by the USFWS, to handle an eastern indigo snake are allowed to do so. IF YOU SEE A LIVE EASTERN INDIGO SNAKE ON THE SITE: • Cease clearing activities and allow the live eastern indigo snake sufficient time to move away from the site without interference; • Personnel must NOT attempt to touch or handle snake due to protected status. • Take photographs of the snake, if possible, for identification and documentation purposes. • Immediately notify supervisor or the applicant's designated agent, and the appropriate USFWS office, with the location information and condition of the snake. • If the snake is located in a vicinity where continuation of the clearing or construction activities will cause harm to the snake, the activities must halt until such time that a representative of the USFWS returns the call (within one day) with further guidance as to when activities may resume. IF YOU SEE A DEAD EASTERN INDIGO SNAKE ON THE SITE: • Cease clearing activities and immediately notify supervisor or the applicant's designated agent, and the appropriate USFWS office, with the location information and condition of the snake. • Take photographs of the snake, if possible, for identification and documentation purposes. • Thoroughly soak the dead snake in water and then freeze the specimen. The appropriate wildlife agency will retrieve the dead snake. Telephone numbers of USFWS Florida Field Offices to be contacted if a live or dead eastern indigo snake is encountered: North Florida Field Office — (904) 731-3336 Panama City Field Office — (850) 769-0552 South Florida Field Office — (772) 562-3909 Page 367 of 438 PRE -CONSTRUCTION ACTIVITIES 1. The applicant or designated agent will post educational posters in the construction office and throughout the construction site, including any access roads. The posters must be clearly visible to all construction staff. A sample poster is attached. 2. Prior to the onset of construction activities, the applicant/designated agent will conduct a meeting with all construction staff (annually for multi -year projects) to discuss identification of the snake, its protected status, what to do if a snake is observed within the project area, and applicable penalties that may be imposed if state and/or federal regulations are violated. An educational brochure including color photographs of the snake will be given to each staff member in attendance and additional copies will be provided to the construction superintendent to make available in the onsite construction office (a final brochure for Plan compliance, to be printed double -sided on 8.5" x 11" paper and then properly folded, is attached). Photos of eastern indigo snakes may be accessed on USFWS and/or FWC websites. 3. Construction staff will be informed that in the event that an eastern indigo snake (live or dead) is observed on the project site during construction activities, all such activities are to cease until the established procedures are implemented according to the Plan, which includes notification of the appropriate USFWS Field Office. The contact information for the USFWS is provided on the referenced posters and brochures. DURING CONSTRUCTION ACTIVITIES 1. During initial site clearing activities, an onsite observer may be utilized to determine whether habitat conditions suggest a reasonable probability of an eastern indigo snake sighting (example: discovery of snake sheds, tracks, lots of refugia and cavities present in the area of clearing activities, and presence of gopher tortoises and burrows). 2. If an eastern indigo snake is discovered during gopher tortoise relocation activities (i.e. burrow excavation), the USFWS shall be contacted within one business day to obtain further guidance which may result in further project consultation. 3. Periodically during construction activities, the applicant's designated agent should visit the project area to observe the condition of the posters and Plan materials, and replace them as needed. Construction personnel should be reminded of the instructions (above) as to what is expected if any eastern indigo snakes are seen. POST CONSTRUCTION ACTIVITIES Whether or not eastern indigo snakes are observed during construction activities, a monitoring report should be submitted to the appropriate USFWS Field Office within 60 days of project completion. The report can be sent electronically to the appropriate USFWS e-mail address listed on page one of this Plan. Page 368 of 438 ATTENTION: THREATENED EASTERN INDIGO SNAKES MAY BE PRESENT ON THIS SITEH I Photo: Dirk Stevenson IF YOU SEE A LIVE EASTERN INDIGO SNAKE ON THE SITE: • Cease clearing activities and allow the eastern indigo snake sufficient time to move away from the site without interference. • Personnel must NOT attempt to touch or handle snake due to protected status. • Take photographs of the snake, if possible, for identification and documentation purposes. • Immediately notify supervisor or the applicant's designated agent, and the appropriate U.S. Fish and Wildlife Service (USFWS) office, with the location information and condition of the snake. • If the snake is located in a vicinity where continuation of the clearing or construction activities will cause harm to the snake, the activities must halt until such time that a representative of the USFWS returns the call (within one day) with further guidance as to when activities may resume. IF YOU SEE A DEAD EASTERN INDIGO SNAKE ON THE SITE: • Cease clearing activities and immediately notify supervisor or the applicant's designated agent, and the appropriate USFWS office, with the location information and condition of the snake. • Take photographs of the snake, if possible, for identification and documentation purposes. • Thoroughly soak the dead snake in water and then freeze the specimen. The appropriate wildlife agency will retrieve the dead snake. USFWS Florida Field Offices to be contacted if a live or dead eastern indigo snake is encountered: North Florida Field Office — (904) 731-3336 Panama City Field Office — (850) 769-0552 South Florida Field Office — (772) 562-3909 Killing, harming, or harassing indigo snakes is strictly prohibited and punishable under State and Federal Law. DESCRIPTION: The eastern indigo snake is one of the largest non -venomous snakes in North America, with individuals often reaching up to 8 feet in length. They derive their name from the glossy, blue -black color of their scales above and uniformly slate blue below. Frequently, they have orange to coral reddish coloration in the throat area, yet some specimens have been reported to only have cream coloration on the throat. These snakes are not typically aggressive and will attempt to crawl away when disturbed. Though indigo snakes rarely bite, they should NOT be handled. SIMILAR SNAKES: The black racer is the only other solid black snake resembling the eastern indigo snake. However, black racers have a white or cream chin, thinner bodies, and WILL BITE if handled. LIFE HISTORY: The eastern indigo snake occurs in a wide variety of terrestrial habitat types throughout Florida. Although they have a preference for uplands, they also utilize some wetlands and agricultural areas. Eastern indigo snakes will often seek shelter inside gopher tortoise burrows and other below- and above- ground refugia, such as other animal burrows, stumps, roots, and debris piles. Females may lay from 4 - 12 white eggs as early as April through June, with young hatching in late July through October. PROTECTION: The eastern indigo snake is classified as a Threatened species by both the USFWS and the Florida Fish and Wildlife Conservation Commission. "Taking" of eastern indigo snakes is prohibited by the Endangered Species Act without a permit. "Take" is defined by the USFWS as an attempt to kill, harm, harass, pursue, hunt, shoot, wound, trap, capture, collect, or engage in any such conduct. Penalties include a maximum fine of $25,000 for civil violations and up to $50,000 and/or imprisonment for criminal offenses, if convicted. Only individuals currently authorized through an issued Incidental Take Statement in association with a USFWS Biological Opinion, or by a Section 10(a)(1)(A) permit issued by the USFWS, to handle an eastern indigo snake are allowed to do so. August 0@69U69of438 ATTACHMENT WQC - FDEP Permit Page 370 of 438 FLORIDA DEPARTMENT OF Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 Project Name: Brock Mason Permittee/Authorized Entity: Brock Mason I9 Morris Avenue Morristown, NJ 07960 Email: Mason4044gyahoo.com Authorized Agent: Brent Montgomery Environmental Consultant c/o Brent Montgomery, Principal Email: Montgomerybrent2kgmail.com Environmental Resource Permit - Granted State-owned Submerged Lands Authorization — Not Applicable Ron DeSantis Governor Jeanette Nunez Lt. Governor Shawn Hamilton Secretary U.S. Army Corps of Engineers / Section 404 Authorization — Separate Authorization Required Permit No.: 56-0418906-001-EI Permit Issuance Date: July 27, 2022 Permit Construction Phase Expiration Date: July 27, 2027 Page 371 of 438 Environmental Resource Permit Permit No.: 56-0418906-001-EI PROJECT LOCATION The activities authorized by this Permit are located within an unnamed wetland, adjacent to N Highway AIA, Fort Pierce (Parcel ID: 1423-120-0020-000-7), (Section 23, Township 34 South, Range 40 East), in Saint Lucie County (Latitude N 27°30'39.08", Longitude W-80°18'35.32"). PROJECT DESCRIPTION This permit authorizes the construction of a single-family home with an outdoor courtyard, a driveway, and a retaining wall. In total, this permit authorizes 3,947 square feet of direct impacts to degraded mangrove wetlands. To offset unavoidable adverse impacts to 3,947 square feet (approximately 0.091 acres) of mangrove wetlands, the permittee has elected to purchase 0.03 saltwater forested mitigation credits from Bear Point Mitigation Bank. Approximately 2,124 square feet (.049) acres of wetlands shall remain on the site. The permittee shall submit proof of purchase of the required mitigation credits prior to impacting the wetlands. AUTHORIZATIONS Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit. Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.). Sovereignty Submerged Lands Authorization As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the Department has determined the activity does not require further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the Florida Administrative Code. Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG FORM 4345, or alternative as allowed by their regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Source Book at: hgps://www.saj.usace.aimy.mil/Missions/Re ug latory/Source-Book. Authority for review - an agreement with the USACOE entitled "Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit", Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 2 of 10 Page 372 of 438 Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act. Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C.1341. Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities. This permit does not relieve you from the requirements to obtain all other required permits or authorizations. The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department. PERMIT CONDITIONS The activities described must be conducted in accordance with: • The Specific Conditions • The General Conditions • The limits, conditions and locations of work shown in the attached drawings • The term limits of this authorization You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit as described. SPECIFIC CONDITIONS- PROJECT FORMS & ATTACHMENTS (1) The attached project drawings (sheets 1 through 5); the "Florida EPPC's 2015 Invasive Plant Species List" which can be downloaded at http://www.fleppc.org/list/2015FLEPPCLIST- LARGEFORMAT-FINAL.pdf; and DEP forms 62-330.310(3), 62-330.310(1); 62-330.310(2); 62- 330.340(1); and 62-330.350(1), which may be downloaded at http://www.dep.state.fl.us/water/wetlands/erp/forms.htm become part of this permit. If the permittee does not have access to the Internet, please contact the Department at (561) 681-6600 to request the aforementioned forms and/or document(s). Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 3 of 10 Page 373 of 438 SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION (2) After selection of the contractor to perform the authorized activities and prior to the initiation of any work authorized by this permit, the permittee (or authorized agent) and the contractor shall attend a pre -construction conference with a representative of the Department. It shall be the responsibility of the permittee to contact the Department's Compliance Assistance Program, by email SED_Compliance@FloridaDEP.gov, or by phone (561) 681-6600, to schedule the pre - construction conference. (3) Prior to initiation of any work authorized by this permit, all wetlands, surface waters, and storm drains, outside the specific limits of construction authorized by this permit shall be protected from erosion, siltation, sedimentation, and/or scouring, including the placement of staked erosion control devices around the project area and staging area(s) that are located outside of any authorized impact areas. The limits of impact shall be clearly marked during construction in a way which is visible and obvious to anyone performing work on -site, including someone operating heavy equipment. Orange construction fence or tall flagged stakes along the barriers are possible methods. (4) This permit authorizes permanent impacts to the wetland fill area shown on the permit drawings only (0.091 acres). No other areas are authorized to be impacted, which includes but is not limited to clearing with the use of heavy equipment, filling, or excavation. (5) Prior to any construction or impacts authorized by this permit, the permittee shall provide the Department with documentation that 0.03 State saltwater mitigation credits have been deducted from the credit ledger of the Bear Point Mitigation Bank, authorized under DEP permit number 0175246001. SPECIFIC CONDITIONS — CONSTRUCTION ACTIVITIES (6) Any fill material used shall be clean fill and free of vegetative matter, trash, rebar, garbage, toxic or hazardous waste, or any other unsuitable materials. (7) There shall be no storage or stockpiling of tools and materials (i.e., lumber, pilings, debris), within wetlands or along the shoreline adjacent to waters of the state. All excess lumber, scrap wood, trash, garbage, and any other type of debris shall be removed from wetlands/waters of the state within 14 days of completion of the work authorized in this permit. All construction equipment/tools and materials shall be transported to and from the site via upland roadways and barges and all equipment/tools and materials shall be stored on the uplands. (8) Staked filter cloth shall be positioned at the edge of the permitted fill slopes adjacent to wetlands to prevent turbid run-off and erosion. Grass seed, or sod shall be installed and maintained on exposed slopes and disturbed soil areas within 48 hours of completing final grade, and at other times as necessary, to prevent erosion, sedimentation or turbid discharges into waters of the state and adjacent wetlands. A vegetative cover that stabilizes and prevents erosion of the fill material shall be established within 60 days of sodding or seeding. Turbidity barriers/erosion control devices shall be removed upon establishment of a substantial vegetative cover. Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 4 of 10 Page 374 of 438 SPECIFIC CONDITIONS — LISTED SPECIES (9) This permit does not authorize the permittee to cause any adverse impact to or "take" of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or applicant associated with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions of "take" and a list of fish and wildlife species. If listed species are observed onsite, FWC staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a "take" permit cannot be issued. Requests for further information or review can be sent to FWCConservationPlanningServiceskMyFWC.com GENERAL CONDITIONS FOR INDIVIDUAL PERMITS The following general conditions are binding on all individual permits issued under chapter 62-330, F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project -specific conditions. (1) All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. (2) A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. (3) Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance -based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. (4) At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice," [October 1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 5 of 10 Page 375 of 438 (5) Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. (6) Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex — "Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or b. For all other activities — "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. (7) If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62- 330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. (8) The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. (9) This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. (10) Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 6 of 10 Page 376 of 438 (11) The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. (12) The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. (13) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. (14) If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, 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, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. (15) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. (16) The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. (17) This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. (18) A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 7 of 10 Page 377 of 438 NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until a subsequent order of the Department. Because the administrative hearing process is designed to formulate final agency action, the subsequent order may modify or take a different position than this action. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28- 106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 8 of 10 Page 378 of 438 otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a). The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a parry to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver may not apply to persons who have not received a clear point of entry. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep. state. fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department. Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 9 of 10 Page 379 of 438 Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION J/ Norva Blandin, MSEM Program Administrator Permitting and Waste Cleanup Program Southeast District CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: FDEP — Norva Blandin, Jeffrey Meyer, Lucy Brandenburg Brent Montgomery, Brent Montgomery Environmental Consultant, Montgomen brent2ggmail.com FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. ('' ghjj . g July 27, 2022 Clerk Date Attachments: Project Drawings and Design Specs., 5 pages Florida EPPC's 2015 Invasive Plant Species List, 6 pages, can be downloaded at hqp://www.fleppc.org/list/2015FLEPPCLIST-LARGEFORMAT-FINAL.pd Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit Form 62-330.310(3)* As -built Certification and Request for Conversion to Operational Phase Form 62-330.310(1)* Request for Transfer to the Perpetual Operation Entity Form 62-330.310(2)* Request to Transfer Permit Form 62-330.340(1)* Commencement Notice Form 62-330.350(1)* *Can be downloaded at: https:Hfloridadep.jzov/water/submerged-lands-environmental-resources- coordination/content/forms-environmental-resource Project Name: Brock Mason Permit No.: 56-0418906-001-EI Page 10 of 10 Page 380 of 438 jz)ign Lnveiope iu: y iauvates-Hnna 4Hrt-u i tu-atatsvnizit i i PAGE 3 OF 3 THIS SURVEY IS NOT VALID WITHOUT ALL PAGES TI:SC AMSPA SANTj BALv FRANK• LIN _F0 LEO N MA15IS4N I{UL TAYLOR LAFAY• ElTE a17�1E j;Aj(FW DUVAL SLAY v BRAD - FORD ALACHU PUTNAM �tA IL.IYHRI.5i L" LEVY MA RION LEGEND: ' P.O.C. POINT OF COMMENCEMENT XFMR TRANSFORMER P.O.B. POINT OF BEGINNING LP LIGHT POLE PC POINT OF CURVATURE PB PLAT BOOK PT POINT OF TANGENCY PG PAGE PRC POINT OF REVERSE CURVATURE EM ELECTRIC METER PCC POINT OF COMPOUND CURVATURE CLP CONCRETE LIGHT POLE PI POINT OF INTERSECTION ND NAIL DISK WPP WOOD POWER POLE IRC IRON REBAR WITH CAP CATV CABLE/TV RISER ILL ILLEGIBLE ELEC ELECTRIC SIRC SET IRON REBAR WITH CAP S/W SIDEWALK IR IRON REBAR CONC CONCRETE CM CONCRETE MONUMENT AC AIR CONDITIONER U.E. UTILITY EASEMENT FT FEET R/W RIGHT OF WAY FNC FENCE DWY DRIVEWAY WF WOOD FENCE D.U.E. DRAINAGE & UTILITY EASEMENT CLF CHAIN LINK FENCE SEPT LID SEPTIC LID D.E. DRAINAGE EASEMENT H.W. HEADWALL MH MANHOLE TBM TEMPORARY BENCHMARK SAN SANITARY WV WATER VALVE WM WATER METER EOW EDGE OF WATER TOB TOP OF BANK COV COVERED UR UTILITY RISER UB UTILITY BOX FND FOUND (R) AS RECORDED (C) CALCULATED (D) PER DESCRIPTION/DEED (P) PER PLAT (M) AS MEASURED GIfRuS LAFK umHER• R JANDOPASCQFINELLAS HILLS. 3ORCDUGRP �FJdeA Fo4 ER EE AN$-DES070 r ? g L HIGH- � LUC-1E L4Nas S A RTI_ G LADESEPAL141 MENDRY EEACM BROWARD Z COLL�O LLIEF� AiIAMI-DAME pm PAGE 1 OF 3 THIS SURVEY IS NOT VALID Surveying FILE # G 10 30002 TOPO SURVEY OF: XXXX N Hwy A 1 A, Fort Pierce, FL, 34949 PREPARED ON BEHALF OF: Brock Mason CERTIFIED TO: Brock Mason Page 381 of 43f DocuSion Envelone ID: 91 3D49EB-A669-4AF7-8170-3E9B46727E1 1 PAGE 2 OF 3 1 BOUNDARY SURVEY & TOPOGRAPHIC BEARING BASIS: FILE # THIS SURVEY IS NOT VALID BEAOF WHIICH EARSS89°49' 0 W (PER DESCRIASED ON THE NORTH P TION) ION) AND ALL OTHER OF SUBJECT G210830002 TOPO WITHOUT ALL PAGES XXXX N. HWY A I A, FORT PIERCE, FL, 34949 BEARING SHOWN HEREON ARE RELATIVE THERETO. GROSS LAND AREA: 0.18 ACRES PARCEL ID'S: 1423-120-0020-000-7 COUNTY: ST LUCIE FLOOD ZONE: AE MAP #: 12111CO093K EFF: 02/19/2020 ELEV: 3' LEGAL DESCRIPTION: AREA: POINTOF COMMENCEMENT (PER WARRANTY DEED; ORB 4696, PAGE 2662; SAINT LUCIE COUNTY, FLORIDA) (OVERALL AREA) = 7,991.7 sQ FT INTERSECTION OF THE NORTH LINE OF THE NORTH 100 FEET OF THE FROM THE INTERSECTION OF THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 1700 REMAINDER OF SOUTH 1700 FEET OF GOVERNMENT FEET OF GOVERNMENT LOT 1 IN THE NORTH HALF OF SECTION 23, TOWNSHIP 34 SOUTH, WETLAND AREA = 6044.8 SQ FT PARCEL ID: 1423-120-0010-000-4 GOVERNMENT LOT 1 LOT 1 IN THE NORTH HALF OF RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, AND THE WEST RIGHT OF WAY LINE OF OWNER: KLP INVESTMENTS LLC (NOT INCLUDED) RATION 23, TOWNSHIP 34 SOUTH, STATE ROAD AlA, RUN SOUTH 89 DEGREES, 49 MINUTES WEST, ALONG THE NORTH LINE OF (VACANT) RANGE POINT OF FLORIDA ,AND THEAST, LUCIE COUNTY, E WEST RIGHT OF THE SAID NORTH 100 FEET OF THE SOUTH 1700 FEET OF GOVERNMENT LOT 1, 850 FEET TO WAY LINE OF STATE ROAD A1A I THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; FROM SAID POINT OF R SET 5/8" IRC ^� ♦ o� O^ o BEGINNING (LS 7347) +� +♦ +♦ FLAG ti FNn 5/8" R (No ID) BEGINNING, RUN SOUTH 89 DEGREES, 49 MINUTES WEST, ALONG THE AFORESAID NORTH + S89°49'00"W 10600' D (BASIS OF BEARINGS) + LINE OF THE NORTH 100 FEET OF THE SOUTH 1700 FEET OF GOVERNMENT LOT 1, 100 FEET; ( S89°49'00"W 850.00' THENCE SOUTH 0 DEGREES 11 MINUTES EAST, 80 FEET; THENCE NORTH 89 DEGREES 49 M M +~ I MINUTES EAST, 100 FEET; THENCE NORTH 0 DEGREES 11 MINUTES WEST, 80 FEET TO THE [TH' NORTH LINE of TxE NORTHPOINT OF BEGINNING. +♦ti FLAG /� 0FEET OF THE SOUTH 1700 FEET ♦� ♦ + + O+ n�? F GOVERNMENT LOT I (IN THE TOGETHER WITH AND SUBJECT TO EASEMENT FOR INGRESS AND EGRESS IN COMMON + + �, + + NORTH HALF OF SECTION 23, 1 `7 '♦' I TOWNSHIP 34 SOUTH, RANGE 40 WITH OTHERS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED WARRANTY +~ + o EAST) N 1 DEED RECORDED IN DEED BOOK 242, PAGE 241, PUBLIC RECORDS OF SAINT LUCIE COUNTY, y ♦ ti I FLORIDA. L/1 +~ o o10 + I Z x �° +~ SUBJECT PROPERTY FLAG ti' o SURVEY NOTES: ++� O^ +^ PARCEL ID: 1423-120-0019-000-7 tip' (DESCRIBED PROPERTY -F: OWNER: ARTHUR ARGENIO 1. ALL ELEVATIONS WERE DERIVED BY GPS MEANS AND ARE ON 00 +o +O� 00 (#4215) �ni O NAVD 88 DATUM _ PARCEL ID: 1423-120-0020-000-7 FLAG 2. PURPOSE OF THIS SURVEY IS TO SHOW THE BOUNDARY, LOCATE (T1 ♦� WETLAND FLAGS AND SHOW SPOT ELEVATIONS. PARCEL ID: 1423-120-0021-000-4 OWNER: BROCK MASON +ti (0 OWNER: CLIFFORD MACTAVISH ti (VACANT) +ti THE NORTH 100 FEET OF p C 3. ALL ELEVATIONS WERE DERIVED USING GPS AND ARE NAVD 88 00 +` 1,+ THE SOUTH 1700 FEET OF 19 � G DATUM. (VACANT) O Z. O d y 4. FEATURES AND LINE WORK SHOWN HEREON ARE REFERENCED O b GOVERNMENT LOT 1 `G REMAINDER OF /)`FLAG O (NOT INCLUDED) TO THE NORTH AMERICAN HORIZONTAL DATUM OF 1983 WITH THE GOVERNMENT LOT 1 ♦ + O O 7-' O 1 9 2011 ADJUSTMENT APPLIED TRANSVERSE MERCATOR, FLORIDA EAST (NOT INCLUDED) ZONE WHICH WAS ESTABLISHED VIA MULTIPLE REAL TIME d 00 d KINEMATIC (RTK) GPS OBSERVATIONS ON THE PROJECT CONTROL �, + WETLAND LINE AS APPROVED BY FLAG POINTS. THE HORIZONTAL COORDINATE VALUE FROM THE RTK GPS +� ACOE PERMIT MIT 5 -041 90 001-El P) / +♦� 11 OBSERVATIONS WERE PROCESSED THROUGH THE FLORIDA AND FDEP PERMIT 56-0418906-oo]-EI DEPARTMENT OF TRANSPORTATION'S (FPRN) FLORIDA PERMANENT tK I FLAG FLAG REFERENCE NETWORK. THE RELATIVE POSITIONAL PRECISION FOR +~ FLAG FLAG THE CONTROL ON THIS SURVEY (ADJACENT TO THEMSELVES) END 5/8' R WITNESS MONUMENT FLAG _ _ _ _ FND 5/8" IR (NO ID) END 5/8" IR — 1 ACHIEVED A RELATIVE ACCURACY OF 0.03'. THE FEATURE LOCATIONS (NO ID) 100.29' (M) 0.3' E & 0.2' S ti tip' (NO ID) 1 SHOWN HEREON HAVE AN EXPECTED HORIZONTAL ACCURACY OF N89°49'00"E _ _ _ _ L y + I f0.1'. THIS SURVEY MEETS THE ACCURACY FOR ITS EXPECTED USE. ♦ +♦ N89°49 "E 100.00' D 5. THE EXPECTED VERTICAL ACCURACY OF THE INFORMATION + o SHOWN HEREON IS f0.03' FOR HARD SURFACE ELEVATIONS AND f0.10' +~ 1 FOR SOFT SURFACE ELEVATIONS. PARCEL ID: 1423-120-0024- 1^ ( 1 6. WETLAND LINES AS APPROVED IN ACOE PERMIT SAJ-2022-00999 ~ H BEACH COVE I (NW-JDP) AND FDEP PERMIT 56-0418906-001-EI k DEVELOPERS LLC )� ti� SCALE: 1" - 20' 7. TOPOGRAPHIC SURVEY COMPLETED ON 12/08/2022. GRAVEL RO 8. FLAGQ WETLAND FLAGS - - - - - - - - - - - - - - - - - - - - — BENCHMARK S LINE OF GOV LOT 1 THE SOUTH 20' OF THE NORTH 100' OF HUB & TACK BENCHMARK LEGEND: SEE SHEET 3 OF 3 ELEV=1.57' (NAVD 88) MAG NAIL IN PALM TREE THE SOUTH 1700 FEET OF GOV LOT 1 ELEV=3.66' (NAND 88) CERTIFICATION STATEMENT SURVEY EFFECTIVE DATE: 12/21/2022 GRITTON N D°cusigned by: I HEREBY CERTIFY THAT THIS BOIJNDARY SURVEY EXCEPTIONS: SURVEY EXCEPTIONS: CONT. LAND SURVEYING SURVEY MEETS THE STANDARDS OF 1. REASONABLE SEARCH OF THE PUBLIC RECORDS HAS BEEN 6. UNDERGROUND IMPROVEMENTS HAVE NOT BEEN LOCATED ad, PRACTICE FOR SURVEYS, AS SET FORTH CONDUCTED BY THIS OFFICE EXCEPT AS SPECIFICALLY SHOWN. LICENSE NUMBE PSM7N7 °'•.S• BY THE FLORIDA BOARD OF SURVEYORS 2. GRAPHIC REPRESENTATIONS MAY BE EXAGGERATED TO DEPICT 7. ALL BOUNDARY AND CONTROL DIMENSIONS SHOWN ARE FIELD W E •:'• 99 D AND MAPPERS IN CHAPTER 5J-17.051 OF FEATURES, DIMENSIONS PREVAIL OVER SCALE. MEASURED AND CORRESPOND TO RECORD INFORMATION UNLESS OFFICE: (772) 626-9501 THE FLORIDA ADMINISTRATIVE CODE, 3. UNLESS SPECIFIED ALL FOUND CONTROL HAD NO SPECIFICALLY NOTED. EMAIL: GRITTONSURVEYING@GMAIL.COM PURSUANT TO SECTION 472.07 FLORIDA IDENTIFICATION. 8. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY GRITTON I S gTUTES. 4. UNLESS SPECIFIED ALL MEASUREMENTS ARE IN US SURVEY ANYONE OTHER THAN THE SIGNING PARTY IS PROHIBITED WITHOUT 369 NE Baker Road, Stuart, FL, 34994 let THOMAS w• r1om1 s W DECIMAL FEET. WRITTEN CONSENT. Digitally signed by ThomasWGritton REV DATE: COMMENT Date:2022.12.21 vs9:41-05�00� 5. ANY FENCES SHOWN HEREON ARE ILLUSTRATIVE OF THEIR 9. THIS SURVEY IS NOT VALID WITHOUT THE RAISED SEAL OR •s a /���/11111���\ P¢4w G r tC+n GENERAL POSITION ONLY. FENCE TIES SHOWN ARE TO GENERAL DIGITAL SIGNATURE OF THE SIGNING SURVEYOR. 12/20/2022 ADD WETLAND LINE & TOPO S • ''•.• ASSTONAL SURVI °¢ P�9,. f •CENTERLINE • ¢ / FORD MAGE BESU TING ROM THE R REMOVAL OF OR CHANGESFENCE. THE SURVEYOR WILL NOT BE RESPONSIBLE 10. SUBJEC T ROP RTYVEY WAS COMPLETED WITHOUT A TITLE COMMTIMENT FOR •�•°••••...... •� THOMAS W GRITTON DATE: 12/21/22 MADE TO ANY FENCE UNLESS WE HAVE THEIR PHYSICAL DRAFTED: TWG 12/20/2022 RELATIONSHIP SHOWN TO THE MONUMENTED BOUNDARY LINES. FIELD: WES 12/08/2022 Page 382 of 438 ENVIRONMENTAL IMPACT REPORT for Proposed Brock Mason Residence PIN 1423-120-0020-000-7 North Hutchinson Island Ft. Pierce, FL 34949 Prepared By: Brent Montgomery Environmental Consultant 141 21 st Avenue Vero Beach, FL 32962 October 27th, 2022 Page 383 of 438 I.Introduction This report addresses conditions at the referenced property, being an 80' x 100' single family lot on North Hutchinson Island. The property lies at the western region of the barrier island nearer to estuarine influences than to those of the ocean some 1,200 feet eastward. The site lies above the Safe Upland Line as interpreted by the Fla, DEP's Bureau of Surveying and Mapping, but does reside in a shallow Category I wetland covering most of the property. See Site Wetland and Connections exhibit. Vegetation is predominantly invasive (Brazilian Pepper). Owner desires to construct a modest residence, and in so doing must eliminate 65% of the wetland within the property boundary. State of Florida and Federal (ACOE) permits for this impact have been received. The wetland impact plus the island location trigger the requirement for this Environmental Impact Report and Plan, per Section 11.02.09, LDR's. Section II below will assess the ecological and hydrologic character of the site, impacts to the resources and commentary on same, plus construction -phase and post -construction measures for minimizing adverse impacts. Discussion headings will be presented in the order requested in the LDR's. II. ENVIRONMENTAL DESCRIPTION AND IMPACT a. Macro -features — CATEGORY I WETLAND The site resides almost wholly in a very shallow wetland depression. This wetland is curtailed on the east by neighbor's yard and fill influences, and on the south by road fill just within the property boundary, while extending off -site to the west and north. In the northern direction wetland extends eventually to brackish, tidally -influenced mangrove swamp, branding the feature as a Category I Wetland under County definition.. The wetland boundary has been verified by the Fla. Department of Environmental Protection. (see Permit 56-0418906-001-EI) and by US Army Corps of Engineers (see Permit SAJ-2022-00999 [N W-JDP] . Seasonal groundwater levels rarely reach the soil surface, though salty King tides have been observed to roughly 1-foot deep (NAVD 2.0 ±) within the feature. Tropical cyclones surge somewhat higher, most recently (Hurricane Nicole) to elevations near 2.8' NAVD. b. Vegetation Historic aerials (See 1958 Aerial) reveal the site to have been cleared in the 1950's, with apparent associated earth disturbance that remains evident today as frequent low mounds and shallow troughs in a flat, sandy landscape. It is not possible at this time to ascertain what native plant community was originally present here. Current vegetation consists of fewer than one dozen mature native Cabbage Palm over a dominating stand of very large Brazilian Pepper, an exotic species. Many of the Pepper are partially uprooted and tipped over, presumably by hurricane -force winds of recent years. Shade is heavy, and as a Page 384 of 438 result ground cover vegetation is almost absent, consisting of a few scattered seedlings/saplings of Cabbage Palm and Seagrape. An exception to this plant community lies is at the eastern 20 feet of the site, adjoining a neighbor residence. That neighbor's efforts at yard maintenance and Pepper abatement have generated a cleared, turfed area extending into the subject property and covered in St. Augustine Grass and associated low native grasses and herbs, all periodically mowed. Surrounding lands are similarly dominated by exotic vegetation, including, additionally Australian Pine. c. Soil and topography Surface topography varies from elevation 0.6 to 1.7' NAVD, except where higher at the steeply rising house fill of the east neighbor and at the filled road bed along the property's south. The wetland covers 0.14 acres (6,045 sq ft) and is curtailed only at those steep house and road fill interfaces. Soils are coarse and sandy, with an intermittent very thin surface layer of muck. Percolation of rainfall is rapid, and though there is evidence of periodic saturation of the surface layers, Consultant has not observed significant inundation at the feature except during a king tide interval in October -November 2021 and from river storm surge during the close pass by Hurricanes Ian and Nicole in the Fall of 2022. Property resides in Flood Zone AE3, requiring by that metric a living first floor elevation at NAVD 4.0 or higher. If the FIRM panel for the area is the controlling metric, a basal flood elevation of 4.5' NAVD is indicated. See notes on Site Plan Cross Section. Final determination awaits discussion with building officials in the building permit process. Note that code allows a lower elevation for a floor devoted only to utility use (garage, etc.), and applicant has yet to make final decisions on the disposition of his first floor. There will be a second floor. d. Wildlife There is scant evidence of wildlife usage, documented in many visits by Consultant. Blackbirds have been observed in the crowns and thicket structure of Brazilian Pepper, and a raccoon was observed entering the property and scaling a Cabbage Palm on one occasion. Despite the wetland characterization, the usually dry, bare surface provides little in food chain support for wading birds, including listed. None have ever been observed. Otherwise, Land Crabs (crustacean) do dwell in a number of burrows on elevated areas. Applicant invites comment on their treatment, including possible capture and release. The nearest documented Bald Eagle nest (#799) resides at 1.3 miles distant to the south-southeast (per Fla Fish & Wildlife Conservation Commission). That nest was last monitored in 2016. Page 385 of 438 e. Storm Influences , Proximate survey elevations and evident surrounding topography, as well as observed king tides in 2021, and storm surge in 2022, suggest that high waters arrive overland from the north, where elevations are similar to that of the subject property, and extend at that level to tidal regions several hundred feet away. Property west and south of the subject is higher, and probably impedes connection to surficial high water from that direction. See Site Wetland and Connections exhibit. These inundations, when they occur, bring salt water into the wetland. The flood dynamics are almost certainly stillwater conditions without rapid velocities or rampaging surface fetch. Saline soil conditions are most likely rinsed out fairly quickly by rainfall, but nonetheless are species -limiting limiting factors as to plant colonization of this feature. f. Minimization Efforts, Impacts to Resources, and Defense of Plan Full avoidance of wetland impact cannot be achieved, as is obvious. Applicant has made a genuine and sensible effort to minimize impact to the on -site wetland, by preserving all wetland in the northerly 20' of the 80' deep site, and by further preserving a wedge- shaped extremity reaching southward along the east side of proposed site fill and encompassing an additional 275 sq feet±. These small footages are made possible by a very modest house footprint (1560 sq ft), by a very modest yard entailing no back yard, and by retaining all works behind expensive retaining wall and stemwall some 3 or more feet high, thereby eliminating ground -consuming downslopes. See Plan Cross -Section. Perusal of the plan does suggest that an opportunity exists to preserve a slightly larger wetland "side strand" by shifting the house pad, with yard, eastward by 16 feet± to a bare minimum from the east property line. The resulting preserved wetland strand at the west would encompass approximately 1,040 square feet (16 feet x 65 feet), while eliminating that 275 sq ft east extremity currently proposed, for a net preservation gain of 770 sq ft±. However that minimal gain must be weighed against additional factors in support of the current plan, which include: Currently -proposed east -side wetland strand is blessed with an upland buffering opportunity of 9 - 25 feet in width (1,384 square feet), bringing the combined wetland + buffer area preserved there to a size 50% larger than the potential all - wetland preserve on the west; Most importantly, shifting improvements eastward places the proposed residence only 20 feet from the existing roofline of the neighbor already there. Such crowding for the sake of a small increment of wetland preserve would seem to be poor design by most measures. It not only compromises the privacy sought by the applicant, but also that of the existing neighbor, who almost certainly would be resentful of the close proximity. Such annoyances fester over time. As to the idea that the current plan may simply kick down the road a similar siting conflict for the vacant property immediately west (call it "Lot B"), be reminded that that property abuts on its west a large double lot (= final lot in the row). Home placement on that lot is not complicated by wetland (according to sources) nor small dimensions, so an owner building there will probably design ample separation from Lot B, to the privacy Page 386 of 438 benefit of both. In other words, any eventual Lot B house likely may seek distance from Mason without crowding against a house on the last lot. Applicant also proposes eliminating part of potential wetland buffer, said buffer being that narrow east -west strip of upland along lot's south boundary and stretching 50 feet (specified buffer width for Category 1 wetlands) from the southerly reach (a "point) of the east -side wetland preserve. This impact of 363 square feet is defensible on its face, insomuch as the plan proposes to eliminate that portion of wetland which this strand of upland would directly buffer. The remainder of uplands fronting preserved wetland are to be preserved, though nowhere reaching 50 feet in width due to curtailment at property boundaries. See graphical depiction on Site Plan, and Existing Conditions Map. In addition to spatial impact minimization, applicant proposes to further protect the nearby preserved wetland via installation of advanced treatment technology in the septic system. In such a system, enhanced nutrient neutralization and capture occurs in the septic tank prior to release into the drainfield. As discussed in II.b, above, the affected plant community is predominantly invasive Brazilian Pepper, so its removal is desirable. Impact to wildlife is forecast to be minimal. Land Crabs will be pre-empted from present burrows. Off -site adverse impacts are also believed to be minimal, since anticipated use is of low intensity. There are scarce nearby resources to be impacted by such dynamics as noise, lighting, air quality; very little of such affects are emitted by the proposed use. Water - related impacts are discussed in the section below. Construction -Phase Measures During construction, NPDES procedures appropriate to the site will be employed to minimize potential for soil movement. Notably, trenched silt fencing will be installed at property perimeters, and at the interior fill perimeter unless hard retaining infrastructure is installed instead. Applicant contends that grubbing removal of Brazilian Pepper is appropriate in both the impact area and in the preserved wetland area, i.e. the whole property (the latter to ease the task of wetland replanting later) there being few resources to harm. In fact, the power utility has recently chip -shredded Brazilian Pepper occupying the northerly 12' of the property i.e. in the preserved wetland. Nonetheless, Applicant will defer to County's ultimate decision as to limits on manner of vegetation removal. Cabbage Palms within the preserved wetland must be similarly preserved. They are to be marked with encircling high -viz fancing prior to initiation of clearing. See Establishment, Maintenance, and Monitoring Plan. Note: The public water service line is believed to reside along north property line and must be located prior to trenching for silt fence, and certainly prior to any grubbing activity in that area. Page 387 of 438 THE FOLLOWING SECTIONIS SUPPLIED DUE TO SITE'S HUTCHINSONISLAND LOCATION. A.Vegetation Protection and Landscape Plan As previously stated, site vegetation is predominantly Brazilian Pepper, an exotic invasive species. The only native species, in any stratum, are an inconsequential few shade -stunted Seagrapes of stem diameters 1/2" to 3/4", and 21 mature, clear-trunked Cabbage Palm. The Landscape Code exempts sites of this size (< 1 acre) from requirements to plant trees, or to mitigate for removed trees unless larger than 24" dbh, of which there are none. However, those Cabbage Palms in the preserved wetland must be preserved and will be marked by encircling with orange mesh fencing prior to clearing activities. See Tree Survey. The preserved wetland, and bordering upland buffer on the east are to be re -planted with appropriate species. B.Soil and Water Conservation Plan Although "lumpy", the site is essentially level and has limited potential for downhill movement of soil and water. Nonetheless, perimeter silt fencing shall be installed prior to onset of construction, and shall remain in -place for the duration of construction. Fill is to consist of clean sand with high percolation properties, and is to be confined behind retention walls, eliminating erodible downslopes. See Erosion Control Plan. Additionally, that unimpacted wetland area of 2,098 sq ft, although it will lose the modest protective canopy of Brazilian Pepper, is to be planted to appropriate wetland shrub and groundcover species, among whose benefits will be to dissipate rainfall energy and stabilize the soil. C.Listed Species Survey In numerous reconnaissance visits to the very small site, no listed species of plant or animal has been identified. Consultant has a high degree of confidence that no listed species reside on or utilize the site. See Section II.c, above. D.Surface Water Management The small lot is not governed by engineered water capture and retention/detention to regulate discharge. Hydrologically the site sits at the extreme edge of an area occasionally flooded by high levels in the Indian River estuary, but not contributing to that flooding. The area of flood storage being pre-empted by site fill is 4,000 sq ft, averaging about 8" deep during short-term flood conditions. The pre-empted volume of water calculates as roughly 22,000 gallons, which is only slightly greater than the volume of one typical residential swimming pool. In the context of the many millions of gallons of flood waters forced into the local basin by king tides or hurricanes, we contend that the project's diminishment of storage volume is inconsequential. As to consideration of the septic leachfield that system is to be elevated well above anticipated high groundwater/surface water levels, in accordance with Health Department Page 388 of 438 requirements. In addition, the septic location is at the south of the site, with a deep - foundation home lying mostly between leachfield and wetland. This suggests a level of horizontal buffering between leach field nutrients and wetland, thereby retarding nutrient inputs to surface water. Page 389 of 438 �'. .. ,, t � „� �- � r.ff4 � Lek.'. _ pis.. 4�. �'y '�ti z�_ _ �ti' J �i.: � � ` ll T 1958 Aerial Photograph Downey Tract for Brock Mason No Name Road, Hutchinson Island Brent Montgomery Environmental Consultant 141 21 st Avenue Vero Beach, FL 32962 (772) 696-1904 montgomerybrent2@gmail.com Page 391 of 438 i� PROPERTY LINE 100' 1 -� L C L C c C C PRESERVED WETLAND (2,098 sq. ft.) CATEGORY 1 WETLAND - FLUCCS 619 = BRAZILIAN PEPPER (6045 sq. ft.) / WETLAND IMPACT AREA = 3,947 sq. ft. WETLAND LIMITS BUFFER PRESERVE WETLAND LIMITS WETLAND BUFFER PRESERVED = 1,384 S.F. BUFFER PRESERVE 5o UPLAND- Spoil / Fill (1,955 sq. ft.) Ostensible 50' Buffer NOT to be preserved = 363 s.f. 1 DDn DCDTV I IME, E I Brent Montgomery EXISTING CONDITIONS MAP Environmental Consultant 141 21 st Avenue Proposed Mason Residence at Ft. Pierce Vero Beach, Florida 32962 montgomerybrent2@g ail. C ❑O 6 - Preserved Wetland i� O 0 0 Filled Wetland 0 = Clear Trunk Cabbage Palm r Ilk [a] Upland Q O 0 O {� Brent Montgomery PROPOSED MASON RESIDENCE Environmental Consultant 141 2 ] sc Avenue Tree Survey Vero Beach, FL 32962 (772) 696-1904 montgomerybrent2@gmail.com Page 393 of 438 PROPERTY LINE SIGN SIGN FENC PRESERVED / RE -PLANTED `1 Q N PRESERVED / RE -PLANTED PRESERVE WETLAND WETLAND SIGN, TYP. o N I O�SIGN 20' RETAINING ALL w STEMWALL RETAINS w z_ HOUSE AGAINST I z_ J WETLAND Buffer Preserve J 7.5' To Be Prepped & Planted Ld a -SETBACK OUTDOOR I See PAMMP N COURTYARD N I s' Of in in 7.5' O O 00 MIN. 00 J SETBACK w I 3 U Z z WETLAND r Z BUILDING 35' x 60' LIMITS Q z a 60' z — — — o m O— SIGN I LLJ Y U > LLJ YARD INC UDING SEPTIC Buffer Preserve w N To Be Prepped & Planted Z See PAMMP DRIVE / PARKING 28' x : N WETLAND LIMITS I UPLAND W E Wetland uffer to be Pre—empted for Owner Use RETAINING WALL S 100' Q PROPERTY LINE SIGN 1" = 12' SITE PLAN ENGINEER'S SEAL: Brent Montgomery Environmental Consultant Proposed Mason Residence at Ft. Pierce 141 21stAvenue Vero Beach, 32962 North Huchinson Island, St. Lucie County, FL Parcel I.D. #1423-120-0020-000-7 SCOTT T. MONTGOMERY, P.E. Vero Beach, FloridaF o 2 25' 35' wl FRONT SETBACK PROPOSED 2—STORY RESIDENCE ZI FINISHED SEPTIC GRADE is DRAINFIELD CHAMBERS MIN. F.F.E. TO CONFORM TO DATA IN FIRM PANEL 12111C00093K, Ljj EFFECTIVE 2/19/2020, AS HIGHER OF .... AE3+1=4.0' NAVD, OR 0_I RETAINING CROSS -ISLAND TRANSECT DATA FOR TRANSECTS 68 AND 69 (=4.5' NAVD). owI WALL IIII TO BE RESOLVED IN COLLABORATION WITH ST. LUCIE CO. BUILDING DEPT. �I� II - ill N -_ SHW ® KING TIDE RANGES 2.0- TO 2.4't STEM WALL OR PILE PERIMETER EXIST. WETLAND FLOOR GRADE VARIES EL. 0.6' TO 1.2' FOOTERS TBD Section A -A' NOTES: 1. ALL ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM (NAVD88), TAKEN FROM FROM SURVEY DATA PREPARED BY THOMAS W. GRITTON, P.S.M. 2. SITE LIES WITHIN FLOOD ZONE AE, HAVING A BASE FLOOD ELEV. (B.F.E.) OF 3.0 NAVD 88. THE FINAL F.F.E. IS TO BE SET BY OTHERS. 20' PRESERVED/RE—PLANTED WETLAND Iw z I� 7 6 PERMANENT PRESERVE BARRICADE ID 5 AT AFFECTED PROPERTY PERIMETERS. Ia SEE BARRICADE DETAIL. 4 STEM WALL 3 --------------- 1 1 J z0 0 ao ao a w� CROSS-SECTION Brent Montgomery Environmental Consultant Proposed Mason Residence at Ft. Pierce 141 21stAvenue Vero Beach, Florida 32962 North Huchinson Island, St. Lucie County, FL Parcel I.D. #1423-120-0020-000-7 montgomerybren I. o WETLAND Remove All Brazilian Pepper Re —plant Wetland Per Table 1 WETLAND IMPACT AREA TRENCHED SILT FENCE BUFFER PRESERVE Remove All Braaillan Pepper Re —plant Wetland Buffer Per Table BUFFER PRESERVE Construction Phase Erosion Control & Water Protection Guidelines 1. Trenched silt fencing to be installed at project commencement 2. Option to employ grubbing removal of Brazilian Pepper in preserve areas is proposed in order to remove root impediments to subsequent native plant installation. Negotiable? 3. Unless/where contained within installed retaining works, ground -impacting activities shall be suspended during periods of inundation, including king tides. 4. All Cabbage Palms in preserve areas are to remain. 5. Due to anticipated height of fill above preserve elevations, retainment works additional to silt fencing, either as final (retaining walls) or temporary measures, will be necessary to confine fill to approved impact boundary. Proposed Mason Residence at Ft. Pierce Clearing and Erosion Control Plan Brent Montgomery Environmental Consultant 141 21" Avenue Vero Beach, FL 32962 (772) 696-1904 montgomerybrent2@gmail.com Page 396 of 438 PRESERVE ESTABLISHMENT, MONITORING, AND MAINTENANCE PLAN Enhancement Via Exotic Removal and Planting 1) Clearing The developed Mason site is to contain 2,124 square feet of preserved wetland and 1,300 sq ft of wetland buffer (= upland) at east side of property. Wetland area is presently dominated by large Brazilian Pepper, which is to be purged from the preserve area by removal of at least the above- ground portion (i.e. chainsaw severing with herbicidal stump treatment ), but may go as far as whole -specimen removal via grubbing in order to remove extensive Pepper root systems which would impede subsequent planting. If elected, grubbing activities within the preserve boundaries shall utilize only low psi equipment and proceed only under dry ground conditions. UPDATE: Since initial County review of this Waiver application, FP&L has cleared, by chip - shredding, an assumed easement comprising the northern 12 feet of the site, coinciding with the northern 12 feet of the 20-foot deep wetland preserve. In so doing, the above -ground Brazilian Pepper biomass has been reduced to a 6" — 8" layer of chips on the surface of former substrate. Wetland planting preparation in this region may now comprise, at a minimum, the removal of this layer of chipped material. Other aspects of wetland clearing remain as above. East -side wetland extremity and and adjoining wetland buffer region requires deadening in -place of present turf of St. Augustine Grass. 2) Planting Upon completion of exotic removal, preserved areas are to be planted per the following: Table 1. Planting Schedule for Preserved Wetland Enhancement, 2,098 sq ft. Species Size Count Location/Spacing* Green Buttonwood (Conocarpus erecta) 15-gal 11 Throughout, avoid pow- er easement Cabbage Palm (Sabal palmetto) 7-gal 6 Avoid power easement TOTAL TREES 17 Yields spacing 11' x 11'* Marsh Elder (Iva frutescens) 1-gal 125 Throughout Marsh Cordgrass (Spartina patens) 4' plug 150 Throughout Sea Oxeye Daisy (Borrichio frutescens) 4" plug 75 Throughout TOTAL SHRUBS/GROUNDCOVERS 350 Yields spacing 2.4' x 2.4' *Spacing figure for computational purposes only. Plants should be varied in spacing. However, leave no large ground voids. Page 397 of 438 Table 2. Planting Schedule for Upland Buffer Enhancement @ 1,384 sq ft.± Species Size Count Location/Spacing* Green Buttonwood (Conocarpus erecta) 15-gal 3 Throughout Cabbage Palm (Saba) palmetto) 7-gal 3 Throughout Gumbo Limbo (Bursera simaruba) 7-gal 3 Higher regions TOTAL TREES 9 Yields spacing 12' x 12'* Saw Palmetto (Serenoa repens) 7-gal 9 Higher regions Wax Myrtle (Myrica cerifera) 3-gal 8 Mid -region Marsh Elder (Iva frutescens) 1-gal 11 Lower region TOTAL SHRUBS 28 Yields spacing 7' x 7' Dune Sunflower (Helianthus debillis) 1-gal 60 Throughout Muhly Grass (Muehlenbergia capillaris 4" plug 90 Thoroughout TOTAL GROUNDCOVERS 150 Yields spacing TX 3' *Spacing figure for computational purposes only. See comments above. 3) Irrigation Due to the low moisture retention of the prevailing soil, and depending on season, irrigation is likely to be necessary to ensure survival of planted specimens. Therefore, the planting task may await that stage of site development when water is available and conflict with home construction is low. Broadcast sprinkling is forecast to be the most efficient means of supplying necessary water. Periodic watering must be maintained until plants demonstrate that they are established sufficiently to rely solely on ground moisture and natural precipitation. 4) Signage Perimeter fencing carrying informational Signage signifying the thresholds of preserve areas shall be installed along the affected property boundaries (i.e. west, north, and east property lines). See nominal locations on Site Plan. Internal preserve edges at retaining walls will be called out if required by St. Lucie County, by such media format as is agreeable to applicant and County. Page 398 of 438 A.Preserve Stewardship The preserved wetland and wetland buffer is a perpetual feature of the property, and is to be maintained by Owner and/or his agents against degradation. A list of actions and measures to be taken, and those prohibited, includes the following: 1) Periodic prosecution of undesirable (read "exotic, invasive") plant species which may or will colonize. This treatment may be accomplished by either hand pulling, herbicide application, otr a combination of both. Desirable species which self -recruit into the area are not to be treated, as they contribute meaningfully to full coverage of the ground. Those performing the work must be sufficiently trained in plant recognition to meet the performance standard for this task. 2) No native vegetation, whether pre-existing, planted, or self -recruited, may be cleared within the preserve area. 3) Any plants installed in addition to those prescribed in Table 1 must be of native species appropriate to the conditions in the site. 4) No pruning, hedging, or topping of plants is allowed. 5) No portion of preserve area is to be developed, nor co-opted into uses other than the natural system for which the area is established. Inadvertent physical trespass resulting in ground or vegetation damage is to be repaired. 6) Raking, collecting, or other removal of leaf litter, woody detritus, live plants, etc. is prohibited. Presence of these elements is necessary for the full restoration of function to the wetland and buffer. 7) Only clean water discharges are allowable into the wetland. Rainfall from impervious surfaces (roof, drive, other) is permissible. However, such altered water as gray water or chlorinated water may not be introduced. Chlorinated water which has been neutralized via appropriate agents prior to discharge may be allowed. 8) No trash or debris, including yard waste, is to be deposited in the wetland. 9) No vehicular traffic, including off -road vehicles, is permitted in the preserve. 10) Perimeter signage and barrier fencing designating preserve areas is to be maintained in upright and legible condition, and may not be removed. B.Preserve Area Monitoring As -built documentation of the wetland and buffer re -planting effort is to be submitted to the St. Lucie County Environmental Department within 30 days of completion. Report should include a count of the specimens installed, their size (customary commercial description such as Bare root, 4" plug, 1-gallon, etc); photograph(s) of the planted area and of any other relevant developments best documented by photo; a brief narrative overview of relevant dates, difficulties, and progress. Thereafter, a similar monitoring exercise is to be repeated at 6-month intervals for 2 years, and annually thereafter through Year 5 At the second or third monitoring event, it may or will become desirable to transition the vegetation presentation to one of percentage of coverage by significant species, since the original plantings may become indistinguishable from those naturally colonizing the area. All monitoring reports shall contain, at a minimum, the following: Page 399 of 438 1. Brief narrative 2. Plant counts or coverage, by species. 3. Landscape photo coverage of entire preserve (several photos, if necessary) 4. Identification of exotic/invasive vegetation which is present, and plan/schedule for eradication. If eradication precedes monitoring, that action should be noted. Page 400 of 438 WETLAND Remove All Brazilian Pepper Re —plant Wetland Per Table 1 WETLAND IMPACT AREA TRENCHED SILT FENCE BUFFER PRESERVE Remove All Braaillan Pepper Re —plant Wetland Buffer Per Table BUFFER PRESERVE Construction Phase Erosion Control & Water Protection Guidelines 1. Trenched silt fencing to be installed at project commencement 2. Option to employ grubbing removal of Brazilian Pepper in preserve areas is proposed in order to remove root impediments to subsequent native plant installation. Negotiable? 3. Unless/where contained within installed retaining works, ground -impacting activities shall be suspended during periods of inundation, including king tides. 4. All Cabbage Palms in preserve areas are to remain. 5. Due to anticipated height of fill above preserve elevations, retainment works additional to silt fencing, either as final (retaining walls) or temporary measures, will be necessary to confine fill to approved impact boundary. Proposed Mason Residence at Ft. Pierce Clearing and Erosion Control Plan Brent Montgomery Environmental Consultant 141 21" Avenue Vero Beach, FL 32962 (772) 696-1904 montgomerybrent2@gmail.com Page 401 of 438 PROPERTY LINE SIGN SIGN FENC PRESERVED / RE -PLANTED `1 Q N PRESERVED / RE -PLANTED PRESERVE WETLAND WETLAND SIGN, TYP. o N I O�SIGN 20' RETAINING ALL w STEMWALL RETAINS w z_ HOUSE AGAINST I z_ J WETLAND Buffer Preserve J 7.5' To Be Prepped & Planted Ld a -SETBACK OUTDOOR I See PAMMP N COURTYARD N I s' Of in in 7.5' O O 00 MIN. 00 J SETBACK w I 3 U Z z WETLAND r Z BUILDING 35' x 60' LIMITS Q z a 60' z — — — o m O— SIGN I LLJ Y U > LLJ YARD INC UDING SEPTIC Buffer Preserve w N To Be Prepped & Planted Z See PAMMP DRIVE / PARKING 28' x 21' N WETLAND LIMITS I UPLAND N W E Wetland uffer to be Pre—empted for Owner Use RETAINING WALL S 100' Q PROPERTY LINE SIGN 1" = 12' SITE PLAN ENGINEER'S SEAL: Brent Montgomery Environmental Consultant Proposed Mason Residence at Ft. Pierce 141 21stAvenue Vero Beach, 32962 North Huchinson Island, St. Lucie County, FL Parcel I.D. #1423-120-0020-000-7 SCOTT T. MONTGOMERY, P.E. Vero Beach, FloridaF o 2 ZONE! Preserve Area = Not to be altered without permission 17479-72151 VOSS SIGNS, LLC. MANLIUS, NY 13104.0553 1-800-473-0698 www.vo=sigris.com Page 403 of 438 Preserve Area Permanent Exclusion Fence Samples (NOT TO SCALE) Wood or composite posts, > 4' x 4" \ 12' Max Wood or composite Post -and Rail Fence Brent Montgomery Proposed Brock Mason Residence Environmental Consultant 141 21 st Avenue Preserve Exclusion Fence Samples Vero Beach, FL 32962 (772) 696-1904 montgomerybrent2 @gmail. c om Page 404 of 438 TO PRESENTED BY SUBMITTED BY: SUBJECT: I TiTo1KC1:Z40L1D13 AGENDA REQUEST Board of County Commissioners 10. D.1. 2023-58712 REGULAR AGENDA - PLANNING & DEVELOPMENT SERVICES DATE: 3/21/2023 *DISCUSSION ITEM QUASI-JUDICIAL ITEM? No Benjamin Balcer, Planning & Development Services Director Planning & Development Services Administrative Approval Update from the PDS Director This is a brief discussion to review the items that received administrative approval through the Planning & Development Services Director over the previous month. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: No formal vote is necessary as this is only a discussion item. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures au4j-��, Date: March 06, 2023 Mayte Santamaria, Deputy County Administrator Page 405 of 438 Page 406 of 438 10.E.1. kc LEE - LUC,, 0 L, r TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Karen Kozac, Public Safety Assistant Director Oscar Hance Public Safety 2023-58678 REGULAR AGENDA - PUBLIC SAFETY DATE: 3/21/2023 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No Adoption of the National Flood Insurance Program's Community Rating System Program for Public Information (PPI) Plan Since 1994, St. Lucie County has actively participated in the National Flood Insurance Program's (NFIP) Community Rating System (CRS). Participating communities are eligible for flood insurance premium reductions under the CRS program. Accordingly, St. Lucie County is currently classified as a Class 6 community, which offers a 20% discount for flood insurance premiums for properties located within Special Flood Hazard Areas (SFHA) throughout unincorporated St. Lucie County. These reductions are based on the community's floodplain management programs, which include public information outreach activities. In 2019, St. Lucie County initiated the Program for Public Information (PPI), a Federal Emergency Management Agency (FEMA) planning tool, to coordinate outreach efforts with municipalities and stakeholders throughout the county. An evaluation and revision of the current program was conducted by the PPI Sub -Committee in August 2022 and a recommendation was made to the Local Mitigation Strategy (LMS) Working Group for adoption of the PPI Plan. On December 14, 2022, the LMS Working Group adopted the updated plan. In order to receive credit for this activity under CRS, the PPI must be adopted by the governing body as an official community plan. PREVIOUS ACTION: N/A 191► /_1 L to /_1 11►IVi 17_TO 19 N/A 1.1Xd01LFAIif, Ia►U7AI[Q L1A Page 407 of 438 Staff recommends the Board's adoption of the Program for Public Information (PPI) plan as an official plan of the community. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Sienatures 444—- Date: March 03, 2023 Rangel Guerrero, Public Safety Director 01i, Date: March 04, 2023 Daniel McIntyre, County Attorney Date: March 07, 2023 George Landry, County Administrator Page 408 of 438 VtiEac ZUNRIS�� ORrs o�Qkv �V rrn NRVoP UNIFIED PROGRAM FOR PUBLIC INFORMATION (PPI) Unincorporated St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie St. Lucie County Unified Program for Public Information 1 Page 409 of 438 RECORD OF REVISIONS St. Lucie County Unified Program for Public Information Page 410 of 438 Table of Contents I. Background.......................................................................................................................................4 II. PPI Sub-Committee.........................................................................................................................6 III. Goals.................................................................................................................................................... 8 IV. Community Needs............................................................................................................................8 V. Flood Hazards....................................................................................................................................9 VI. Flood Insurance Data......................................................................................................................9 FortPierce.................................................................................................................................................9 PortSt. Lucie...........................................................................................................................................12 VII. Repetitive Loss Properties..........................................................................................................16 FortPierce...............................................................................................................................................16 PortSt. Lucie...........................................................................................................................................16 St. Lucie County.......................................................................................................................................16 Vill. Target Audiences/Areas..............................................................................................................16 FortPierce: ............................................................................................................................................. 16 PortSt. Lucie: .......................................................................................................................................... 17 St. Lucie County......................................................................................................................................17 IX. Existing Public Information Efforts...........................................................................................17 X. Projects and Initiatives.................................................................................................................20 XI. Flood Response Preparations.................................................................................................... 27 XII. Annual Evaluation and Updates.................................................................................................29 XIII. Plan Adoption.................................................................................................................................30 St. Lucie County Unified Program for Public Information 3 Page 411 of 438 Background Flooding incidents associated with rain, tropical storms, and hurricanes are considered the hazard with the greatest impact, and likelihood in St. Lucie County. The St. Lucie County Local Mitigation Strategy (LMS) ranks floods at the top of the list of identified hazards because of their projected impact across the entire spectrum of community exposure and services. Riverine and coastal flooding, specifically, are the types of floods to affect communities across the County. The heavy summer rainfall pattern in the county coupled with the hurricane season (June 1 through November 30) makes St. Lucie County particularly vulnerable to flooding, especially later in the wet season when the water table is high, and the ground is saturated from impacts of rain events. St. Lucie County averages around 54 inches of rain per year and 124 rain days, with the majority occurring between the months of June and October. Flooding events can negatively impact lives, property, the environment, and economic development in St. Lucie County in a short amount of time. Flooding can cause widespread damage to vehicles, houses, businesses, crops, and outdoor equipment. Vulnerable populations in St. Lucie County are the most affected by flooding disasters such as families and individuals with low and fixed incomes, the elderly, transient migrants who work in agricultural areas, and persons with disabilities. Approximately 10% of the County's housing units (14,000 out of 141,000) are located within a Special Flood Hazard Area (SFHA). See Figure 2 on the following page. The PPI was introduced by the Federal Emergency Management Agency (FEMA) as a new planning tool to provide a step-by-step coordinated approach to flood hazard outreach, which the PPI sub -committee followed in developing this PPI (Figure 1). The purpose of developing this plan is to improve communication with citizens, and to provide information about flood hazards, flood safety, flood insurance, and ways to protect property and natural floodplain functions to those who can benefit from it. Figure 1— PPI Planning Process St. Lucie County Unified Program for Public Information 4 Page 412 of 438 A i i Figure 2 - Homes Located in the Special Flood Hazard Area (SFHA) St. Lucie County Unified Program for Public Information 5 Page 413 of 438 II. PPI Sub -Committee The Program for Public Information sub -committee (PPI sub -committee) is a sub -committee of the of the Local Mitigation Strategy (LMS) working group. This sub -committee was tasked with developing this PPI plan. The PPI sub -committee is a multi jurisdictional sub -committee of the St. Lucie County Local Mitigation Strategy Working Group comprised of members from the City of Fort Pierce, City of Port St. Lucie, and the un-incorporated areas of St. Lucie County. The group represents various backgrounds, and all have a special interest in reducing our community's flood risk. These stakeholders represent local government, mortgage brokers, insurance agents, and community residents. The following table outlines the members active in this sub -committee: Name Representative for: Affiliation IM Melissa Yunas* Creative City of Port St. Lucie City of Port St. Lucie Team Leader/PIO Alicia Forbis* City of Fort Pierce City of Fort Pierce SMU Assistant/GIS Specialist Kristie Kirstein*, CFM City of Fort Pierce City of Fort Pierce CRS Coordinator, PPI Chair Karen Kozac*, MS, RN, PM St. Lucie County St. Lucie County Emergency Management Safety Planner Joe Sweat* City of Fort Pierce City of Fort Pierce Marketing Specialist, PPI Information Officer Gustavo Vilchez*, MBA St. Lucie County St. Lucie County Emergency Operations Manager Shane Ratliff*, FPEM, City of Port St. Lucie City of Port St. Lucie Emergency Management Specialist II/CRS Coordinator Charlene Adair City of Fort Pierce Floodplain Resident Aaron Bowles, P.E. St. Lucie County MBV Engineering, Vice President Angela Hayle City of Port St. Lucie Agent of ACCH Insurance Agency Ryan Huff, P.E. City of Fort Pierce Milcor Group, Member of the Treasure Coast Builder's Association (TCBA) Cecilia Jaimes City of Port St. Lucie VP and Commercial Lender with Center State Bank Sabrina Rogers St. Lucie County Owner/Operator of Jaguar Insurance St. Lucie County Unified Program for Public Information 6 Page 414 of 438 Ed Roseberry, CFM City of Fort Pierce FFMA Region 4 Director — Florida Floodplain Manager's Association (FFMA) * designates Fort Pierce, Port St. Lucie and St. Lucie County employees (7 out of 14 members) The role of the PPI sub -committee is to provide input regarding target audiences, types and delivery of messages, and insight into ongoing efforts in the community. Members were also asked to share information on any efforts related to this work that have occurred or are occurring within St. Lucie County. Government representatives met to complete step one "Establish a PPI Committee" of the seven - step plan outlined in the 2017 CRS Manual by securing 7 members from throughout the community. The initial sub -committee meeting was held October 30, 2019 at the St. Lucie County Emergency Operations Center. During this meeting, an overview of the National Flood Insurance Program (NFIP), the Community Rating System (CRS), and the function of the PPI sub- committee were provided. The second meeting was held on December 18, 2019, at the same location. The agenda followed steps two through five of the seven step plan. During the meeting, the sub -committee discussed: ➢ Step 2- Assess Public Information Needs — The group discussed target areas and target audiences ➢ Steps 3 and 4 —Formulate Messages and Identify Outreach Projects -The group provided ideas for messages and projects ➢ Step 5- Examine other Public Information Initiatives - Gathered information from the group regarding existing projects already implemented throughout the community. Based on the information gathered during the second meeting, the governmental representatives met on several occasions and assembled the first draft of the Program for Public Information (PPI) Plan. The PPI Plan was presented to the sub -committee for review on December 16, 2020. With the approval of the sub -committee, the plan was forwarded to FEMA Region IV Office's Insurance Specialist (ISO) for review and comments on 5/4/2021. The plan was presented to the Local Mitigation Strategy Working Group for approval and adoption on 6/16/2021. Each jurisdiction was then given until 9/30/2021 to adopt the LMS and PPI. St. Lucie County Unified Program for Public Information 7 Page 415 of 438 III. Goals The members of the PPI sub -committee share a common vision for a better -informed public that is educated about flood risks, what they can do to decrease future damage, the benefits of flood insurance, and to increase flood hazard awareness. The PPI Plan is the tool to achieve that vision. The PPI sub -committee is recommending 2 goals and supportive objectives. 1. Through the outreach materials and methods, encourage residents to adopt behaviors that improve flood hazard preparedness and decrease future flood damage. a. Provide relevant information to residents regarding flood hazards; place added focus on residents in special flood hazard areas and that are in the repetitive loss areas. b. Provide detailed information to inquirers through our website and publications. c. Provide quick response to residents after they have been flooded. Have relevant information they may need available and ready to distribute. 2. Increase flood hazard awareness and motivate actions to reduce flood damage, encourage flood insurance coverage, and protect the natural functions of flood plains. a. Enhance flood hazard warning and response capabilities. b. Provide detailed information to residents, businesses, and other relevant stakeholders located within and outside of Special Flood Hazard Areas. c. Implement flood mitigation strategies and educate residents on the functions of flood plains and natural areas. IV. Community Needs Based on the U.S. Census the population of St. Lucie County for 2019 is estimated at 328,297. 24% of the residents are over the age of 65 and 23% speak a language other than English at home. Therefore, using different types of media to deliver similar topics will reach more of the community. It has been determined by the Federal Emergency Management Agency (FEMA) that properties located in the special flood hazard area (SFHA) are at higher risk for flooding. There are St. Lucie County Unified Program for Public Information 8 Page 416 of 438 approximately 515 square miles of land throughout St. Lucie County. Approximately 10% of the community's population is located within the SFHA. It is important to communicate with these residents and encourage them to be aware of their flood risk and educate them on what they can do to protect their property. V. Flood Hazards St. Lucie County is exposed to flooding from hurricanes, severe thunderstorms, tropical storms, and storm surges from the Atlantic Ocean. For the majority of the county, the primary causes of flooding are hurricanes or tropical storms. However, the county's low-lying topography combined with its subtropical climate makes it vulnerable to riverine and storm associated flooding. Heavy rainfalls allow for flooding in low lying streets and properties. Heavy rainfall within a short timeframe can also cause drainage systems to rapidly meet capacity and contributes to the occurrence of street flooding. The areas of St. Lucie County that are most susceptible to flooding are the barrier islands and areas bordering the Indian River Lagoon, the St. Lucie Savannas, and the St. Lucie River/tributaries. All jurisdictions have specific areas in which flooding is a recurring problem. Flooding in St Lucie County results from one or a combination of the following meteorological events: 1) tidal surge associated with hurricanes and tropical storms. 2) overflow from streams and swamps associated with rain runoff. When intense rainfall events occur, streams and drainage ditches tend to reach peak flood flow concurrently with tidal water conditions associated with coastal storm surge. This greatly increases the probability of flooding in low lying areas. VI. Flood Insurance Data Fort Pierce Table 1 on the following page titled "City of Fort Pierce Flood Insurance Overview" contains a wealth of information on flood insurance policies in the City of Fort Pierce. This data is current as of October 2, 2020, and can be summarized as follows: There are over 22,966 units in Ft. Pierce, of which 3804 of them are in special flood hazard zones. However only 2,667 are insured by the National Flood Insurance Program. After breaking down the number of units within each special flood hazard zone, it was found that several special flood zones have a low percentage of polices. Tracking this metric will be a prime indicator in St. Lucie County Unified Program for Public Information 9 Page 417 of 438 the success of this plan. There is no better way of protecting properties at risk from flooding than educating owners and tenants and having them obtain flood insurance. Another focus point is with the increase of annual hurricanes, tropical storms and other coastal storms, and sea level rise, numerous properties outside the special flood hazard area are also at risk from flooding. Only 7% of the units outside the special flood hazard area (X Zones) have flood insurance. Many of these properties can obtain a preferred risk flood insurance policy, which offers low-cost coverage to owners and tenants of eligible buildings. Future reports detailing flood insurance policies in our community will be a key measure of influence and success. There are always opportunities to educate the community about the risk of flooding and options to protect people and property from this risk. This is a primary focus of the Program for Public Information and will be evaluated annually by our group. St. Lucie County Unified Program for Public Information 10 Page 418 of 438 ���� �SERGF City of Fort Pierce �sUNR1S�� Flood Insurance overview Total By Community Total Number of Policies: 4089 Total Premiums: $1,890,073.00 Insurance in Force: $893,427,500.00 Total Number of Closed Paid Lossses: 1156 $ of Closed Paid Losses: $32,498,572.00 Policies in Force Number of Closed Paid Losses $ of Closed Paid Losses Single Family 1010 644 $16,648,379.64 2-4 Family 332 168 $2,623,014.66 All Other Residential 2594 241 $6,626,911.41 Non Residential 153 103 $6,600,266.55 Total 4089 1156 $32,498,572.26 Policies in Force Number of Closed Paid Losses $ of Closed Paid Losses Condo 2864 217 $6,191,879.40 Non Condo 1225 939 $26,306,682.86 Total 4089 1156 $32,498,572.26 Policies in Force Number of Closed Paid Losses $ of Closed Paid Losses # of Units within each Special Flood Hazard Area AE Zones 2628 904 $29,199,137.18 3574 A Zones 26 13 $12,294.00 120 AO Zones 4 8 $96,428.80 44 AH Zones 5 7 $111,901.12 51 VE Zones 4 7 $131,492.69 15 Standard X Zones 413 113 $1,644,604.11 X Zones Preferred X Zones 930 74 $1,104,497.84 19162 Total 4010 1 1126 1 $32,300,355.74 22966 Based on data provided by the Insurance System Office dated October 2 ,2020 Table 1- City of Fort Pierce Flood Insurance Overview St. Lucie County Unified Program for Public Information 11 Page 419 of 438 Port St. Lucie Table 2 on the following page titled "City of Port St. Lucie Flood Insurance Overview" contains information regarding flood insurance policies within the City of Port St. Lucie. The City of Port St. Lucie has over 81,327 units within its jurisdictional boundaries, of which 912 units lie within the special flood hazard zones. Only 8% of the units in the SFHA are insured through the National Flood Insurance Program. Further breaking down the data by zone reveals that several zones have a low percentage of policies. This metric will be used to gauge the effectiveness of outreach projects and this plan. Outside of the SFHA (X zones), only 6.65% of units have flood insurance. As the number of tropical cyclones and rainfall events continues to rise annually, the risk of flooding increases across the whole community. Floods do not read flood maps, and the risk is never zero. Increasing the number of flood insurance policies outside of the SFHA in the areas of minimal risk is another focus point for outreach efforts. St. Lucie County Unified Program for Public Information 12 Page 420 of 438 V � T City of Port St. Lucie Flood Insurance 0vervie;-,2 Total by Community Total Number of Policies 6,019 Total Premiums: $2,342,112 Insurance in Force: $1,786,644,504 Total Number of Closed Paid Losses: 486 $ of Closed Paid Loses 51,915,017.29 Insurance Coverage by occupancy Policies in Force Number of Closed Paid Losses $ of Closed Paid Lasses Single Family 5,777 467 $1,495,670.56 2-4 Family 91 7 $44,916.13 All Other Residentizi 1 52 3 $18,034.27 Non -Residential g9 9 $356,396.32 Total 6,0191 496 S 1,915,017.28 Policies in Force Number of Closed Paid Losses $ of Closed Paid Lasses Cando 146 a $16,099,i8 Non -Condo 5,873 478 $1,898,918.14 Total 6019 486 $ 1,915,017.29 Insurance Coverage by Flood Zone Policies in Force c= luild.::�i; Number of Closed$ Paid Losses of Closed Paid Lasses AE Zones 181 121' 94 $ 253,730.73 A Zones 0 0 4 $ 1,961.24 AC) Zones 0 0 0 $ - AH Zones Ali 565 6 $ 5,214.M VE Zones 0 0 0 $ Standard XZonrs 43 X Zones 35 $ 419,781.77 Preferred X Zones 5,326 80617 273 $ 1,106,201,47 Total 55961 91,3271 4021 1,786,909.59 *includes Multiple Family Residential Buildings Table 2- City of Port St. Lucie Flood Insurance Overview (Based on information provided by the Insurance Services Office on 1114120) St. Lucie County Unified Program for Public Information 13 Page 421 of 438 St. Lucie County Table 3 on the following page titled "St. Lucie County Flood Insurance Overview" contains information regarding flood insurance policies within the City of Port St. Lucie. The St. Lucie County has approximately 42,732 insurable buildings within its jurisdictional boundaries, of which 2,925 lie within the special flood hazard zones. When comparing the number of reported National Flood Insurance flood polices currently in place in the SFHA, with the number of buildings in the SFHA, there appear to be more insurance policies than insurable buildings. This is likely due to the number of condo policies written in the County. Approximately 60% of the NFIP flood insurance policies are categorized as condo policies. The coastline of the County is densely populated with high-rise condo building with approximately 100 condo building intersecting the SFHA, which could have mandatory flood insurance requirement due to the proximity to the SFHA. It is key to note that the number of policies in force is compared to the number of buildings. Each condo building may contain many individually insured units, which is likely causing the analysis to report the flood insurance coverage in the SFHA at 182%. All property owners and renters with building in the FEMA designated SFHA should be encouraged to purchase flood insurance. Outside of the SFHA (X zones), only 8% of buildings have flood insurance and 21 % of the claims made to the National Flood Insurance Program are reported as being from areas designed as X Zones (low risk) on the Flood Insurance Rate Maps. Educating property owners and renters about the importance of flood insurance in areas designated as low risk is another focus point for outreach efforts. The goal would be to increase then number of flood insurance policies outside the SFHA. The trends in insurance will be evaluated annually using the baseline data provided in the Overview Table 3. St. Lucie County Unified Program for Public Information 14 Page 422 of 438 St. Lucie County Flood Insurance Overview Total by Community Total Number of Policies 8,899 Total Premiums: $2,897,509 Insurance in Force: $2,156,584,300 Total Number of Closed Paid Losses: 2,199 $ of Closed Paid Losses: $45,043,327 Insurance Coverage by Occupancy Policies in Force Number of Closed Paid Losses $ of Closed Paid Losses Single Family 3,293 1,783 $22,110,673.06 2-4 Family 192 51 $863,399.04 All Other Residential 5,142 235 $17,945,051.80 Non -Residential 239 129 $4,082,529.10 Total 8,866 2,198 $45,001,653.00 Policies in Number of $ of Closed Paid Closed Force Paid Losses Losses Condo 5,389 233 $18,015,391.43 Non -Condo 3,510 1,966 $27,027,935.14 Total 8,899 2,199 $45,043,326.57 Insurance Coverage by Flood Zone Policies in Force # of Buildings Number of Closed Paid Losses $ of Closed Paid Losses A01-30 & AE Zones 5,044 2,483 1,569 $33,228,385.57 A Zones 71 271 41 $166,054.08 AO Zones 197 91 8 $2,157,553.84 AH Zones 2 29 5 $13,291.95 V01-30 & VE Zones 24 51 10 $195,579.41 B, C, & X Zone 3,131 36,822 444 $8,849,020.67 Total 8,469 42,732 2,077 $44,609,885.52 Table 3- St. Lucie County Flood Insurance Overview (Based on information provided by the Insurance Services Office dated 21212022). St. Lucie County Unified Program for Public Information 15 Page 423 of 438 VII. Repetitive Loss Properties FEMA classifies Repetitive Loss Properties as those that have made flood damage claims of $1000 or more twice within a 10-year period. FEMA classifies Severe Repetitive Loss Properties as any property that has at least four NFIP claim payments (including building and contents) over $5000 each, and the cumulative amount of such claims payments exceeds $20,000. These properties are subject to change over time and will depend on the frequency and severity of the seasonal coastal storms that affect the area. Due to Privacy Act requirements, Repetitive Loss and Severe Repetitive Loss properties will be generalized based on location and will further be known as Repetitive Loss Areas. These areas and the amount of repetitive loss properties in them will aid in the determination of which portion of the community have the most frequent and severe flood related damages to residences. Fort Pierce As of October 2, 2020, Fort Pierce has experienced a total of 1,156 flood losses since December 1, 1977 with total claims paid in the amount of $32,498,572.26. There are currently 142 repetitive loss properties, 13 have been mitigated against damages caused by flood through either elevation or demolition of the structure. There are 1559 structures within the Repetitive Loss Area, this area includes the above -mentioned repetitive loss properties and other surrounding properties that are at similar risk. Port St. Lucie As of November 02, 2020, the City of Port St. Lucie has experienced a total of 486 flood losses since December 1, 1977 with total claims paid in the amount of $1,915,017.28. There are currently 14 repetitive loss properties within City Limits. There are 155 structures within the Repetitive Loss Area, this area includes the above -mentioned repetitive loss properties and other surrounding properties that are at similar risk. St. Lucie County As of 2021 the Unincorporated Areas of St. Lucie County had 147 repetitive loss properties. Most of the repetitive loss areas lie within low lying areas along the St. Lucie River as well as on North and South Hutchinson Island. VIII. Target Audiences/Areas Fort Pierce: Target audience #1— Properties located in the SFHA (Zone AE, Coastal A, AH and VE). Fort Pierce has 4392 acres of land located in the SFHA; this area is considered a high -risk area for flooding. Property owners in these areas are vulnerable to flood hazards. Understanding what flood zone their properties are in and the need to have flood insurance was of great importance. St. Lucie County Unified Program for Public Information 16 Page 424 of 438 Target audience #2 — Properties located in the repetitive loss area. Fort Pierce currently has 16 separate Repetitive Loss Areas. It is evident that properties in these areas are prone to repetitive flooding. It is important to inform property owners that even if they are not located in a SFHA, their property may be at a high risk of flooding. Target audience #3 — Documented areas with local drainage problems. Fort Pierce also has 8 separate areas that are known to flood frequently. It is important to inform property owners to keep basins, drainage areas, swales etc. clear of debris to allow proper flow of rain waters. Port St. Lucie: Target audience #1— Properties located in the SFHA (Zone AE, Coastal A, AH and VE). The City of Port St. Lucie has 5222 acres of land located in the SFHA, which is considered high - risk for flooding. Within these Special Flood Hazard Areas, only 33% of the structures have insurance coverage. Target audience #2 — Properties located in repetitive loss areas (RLA). The City of Port St. Lucie has 14 Repetitive Loss Areas. These areas are prone to repetitive flooding. It is important to inform property owners at risk of flooding, regardless of their SFHA, about the flood hazards that face them. Target Audience #3 — Lenders, Real Estate Agents, and Insurance Agents Lenders, real estate agents, and insurance agents have a role to play in promoting flood insurance, as they are often the 3 groups most likely to have contact with a prospective homeowner, well before the City would ever be in contact with them. Targeting these groups through the City's CRS Program will bring an awareness that is needed in those industries to create the working relationship with the jurisdiction to help better inform prospective homeowners about the availability of flood insurance at reasonable rates before they have the opportunity to get flooded. St. Lucie County Target audience #1— Properties located in the SFHA (Zone AE, Coastal A, AH and VE). St. Lucie County has 16,640.56 acres of land located in the SFHA, which is considered high -risk for flooding. Because of the high risk of flooding, it is important to communicate risk of flooding and steps to take to mitigate to protect people and property from flood risk. Target audience #2 — Properties located in repetitive loss areas (RLA). St Lucie County has 49 Repetitive Loss Areas. These areas are prone to repetitive flooding. It is important to inform property owners at risk of flooding, regardless of their SFHA, about the flood hazards that face them. St. Lucie County Unified Program for Public Information 17 Page 425 of 438 Target Audience #3 — Lenders, Real Estate Agents, and Insurance Agents Lenders, real estate agents, and insurance agents have a role to play in promoting flood insurance, as they are often the 3 groups most likely to have contact with a prospective homeowner, well before the County would ever be in contact with them. Targeting these groups through the County's CRS Program will bring an awareness that is needed in those industries to create the working relationship with the jurisdiction to help better inform prospective homeowners about the availability of flood insurance at reasonable rates before they have the opportunity to get flooded. IX. Existing Public Information Efforts Knowing what other public information is reaching our community is a key part of developing a Public Information Program. The program is designed to build community resilience to flooding by influencing residents to adopt behaviors to improve flood hazard preparedness and decrease future flood damage. The table below contains initiatives that are in place as of the original PPI development in 2021 that support our goals and CRS messages. Existing Public Information Efforts Organization Project Subject Matter Frequency Stormwater Pollutions (6 different handouts) Handouts and brochures Protecting our Indian River Lagoon (2 Year-round different handouts) Fort Pierce No illegal dumping Engineering Stormwater Pollutions (4 different Dept A booth at Earth Day at the handouts) Oxbow -Handouts and Protecting our Indian River Lagoon (2 Once a year brochures different handouts) No illegal dumping Marked Storm Drains No illegal dumping Year-round Handout and brochures Various flood related topics Year-round Facebook messages Various flood related topics Weekly thru hurricane season Bill inserts (FPUA Various flood related topics Fort Pierce customers) Once a year Building Dept Brochure mailed to SFHA Various flood related topics and RLA Once a year Website Information Various flood related topics Year-round FEMA Videos ran on FP TV Various flood related topics Multiple times thru hurricane season St. Lucie County Unified Program for Public Information 18 Page 426 of 438 Information in the phone Various flood related topics Yellow Pages book Once a year Website Information Various flood related topics Year-round Fort Pierce Bill inserts (FPUA Hurricane Preparedness Utilities customers) Once a year Door Hangers Damage to utilities (after a storm) FRP only after a storm Brochures Storm Preparedness Storm Preparedness Website Information Year-round FPL Protect natural floodplain functions Stay prepared - peak of hurricane season during hurricane Mass customer emails season Flood safety tips Storm Preparedness Centerfor Website Information Generator safety Year-round Disease Control Turn around don't drown Returning home after a flood Environmental Flood safety Protection Website Information Year-round Agency Flood safety - Before/during/after Red Cross Website Information Year-round Storm Preparedness Radio Station Flood Insurance (NFIP) throughout hurricane Radio Commercial 103.7 season Flood Insurance (NFIP) throughout hurricane Hulu 90 second commercial season Website Information Floodplain Information webpage Year-round Website Information Flood Zone Map Year-round Port St. Lucie - Flood Facts Year-round (available Public Works Brochures in lobby and website) Verification of Flood Zone Verify if a property is located in a flood zone When requested Port St. Lucie - Website Information National Flood Insurance Program Year-round Building Dept. Public Outreach - HOA Disaster preparedness Twice Monthly - year- Community Presentations round (24 per annum) SLC - Public Public Outreach - Hurricane Disaster preparedness Safety Fair/Public Safety Fair Two events annually Website Information Disaster preparedness Year-round SLC - website, social media, Disaster preparedness & various flood- Year-round Communications press releases, video PSA related topics Filing an Insurance Claim National Flood Insurance Program (NFIP) SLC- Handouts and brochures, Extension/Ag website information Information Disaster Preparedness Flood Insurance St. Lucie County Unified Program for Public Information 19 Page 427 of 438 Damage Mitigation Construction Alternatives SLC - EOC Text -push Pending Storm FPR - as needed Florida Heath Facebook messages Various flood related topics throughout hurricane Department season X. Projects and Initiatives The focus of the PPI plan is to encourage flood preparedness and awareness. The sub -committee has selected 10 topics and messages that should be disseminated to the selected audiences to accomplish this goal. Topic 1 Know your flood hazard Message (1): Find out what your flood zone is, go to (jurisdiction's website or flood map information line) to learn your risk today. Outcome (1): Increase requests for flood map information Message (2): All of Florida is prone to aerial flooding, protect your property by knowing your hazards. Go to (jurisdiction's website) today. Outcome (2): Increase hits to the jurisdiction's webpage Topic 2 Insure your property for your flood hazard Message (1): Homeowners and renters' insurance does not typically cover flood damages, consider purchasing flood insurance today. Message (2): Protect the life you've built with flood insurance. Visit floodsmart.gov or contact your local insurance agent to purchase flood insurance. Outcome (all): To increase the number of flood insurance policies in all jurisdictions Topic 3 Protect people from the flood hazard Message (1): Never drive or walk through a flooded area. Just six inches of moving water can sweep you off your feet, and 12 inches can sweep your vehicle away. Message (2): Stay away from downed power lines and pay attention for gas leaks after a flood. St. Lucie County Unified Program for Public Information 20 Page 428 of 438 Outcome (1/2): Decrease number of vehicles damaged by driving through flooded roadways, reduce number of injuries during flood events Message (3): Sign up for Alert St. Lucie to get important notifications and flood -related information at stlucieco.gov/alert. Outcome (3): Increase number of people signed up to receive flooding alerts and notifications Topic 4 Protect your property from the flood hazard Message (1): Just one inch of water can cause $25,000 of damage to your home. Visit (jurisdiction's website) for mitigation measures you can take Outcome (1): Decrease number of buildings damaged by flooding Message (2): Contact (jurisdiction's flood protection assistance/site visits phone number) to get assistance and recommendations regarding retrofitting and flood control techniques. They can also schedule a site visit to assist you in mitigating flooding issues. Outcome (2): Increase number of requests for flood protection assistance Topic 5 Build responsibly Message (1): Know your local flood regulations: When your structure has been damaged or flooded, you may be subject to substantial damage regulations. Visit (jurisdiction's website) for more information Outcome (1): Increase the number of building permits issued after a damaging flood incident. Topic 6 Protect natural floodplain functions Message (1): Sweep up yard debris, rather than hosing down areas. Leaves, grass clippings, and tree trimmings that are blown into the streets can clog storm drains, increasing the risk of flooding on your street. Outcome (1): Decrease reported number of clogged storm drains after a flooding incident Message (2): Don't dump or throw anything into storm sewers, inlets, ditches, or basins. If you see someone dumping debris in these areas, please contact (jurisdiction's phone number). Outcome (2): Decrease number of citations issued for illegal dumping Topic 7 Tips for hurricane season Message (1): Plan ahead for possible flooding throughout hurricane season. Whether you live in a hurricane prone area or not, heavy rains or flooding may still affect you. Visit http://FLGetAPlan.com to get a plan for you and your family. St. Lucie County Unified Program for Public Information 21 Page 429 of 438 Message (2): Visit the St Lucie County website www.stlucieco.org/eoc for a copy of the Disaster Preparedness Guide to find evacuation routes, shelters, and other important information. Outcome (all): Fewer properties damaged by flooding during a hurricane Topic 8 Flooding can happen anywhere, even outside a special flood hazard area Message (1): Every property is vulnerable to flooding, don't wait until it's too late! Flood insurance policies have a 30-day waiting period before they go into effect. Message (2): If you live outside of the special flood hazard area, you can obtain flood insurance at a low premium, contact an insurance agent for more information. Outcome (all): Increase number of flood insurance policies in low -risk areas Topic 9 Flood mitigation Message (1): Flood mitigation is the lessening the impact of flooding through targeted efforts. You should act now to protect your family and your home investment. Visit (jurisdiction's website) to see how you can reduce your risks. Outcome (1): Decrease number of insurance claims after a flooding incident Topic 10 Working to protect our waterways Message (1): Do your part to help protect our waterways, report any spills, leaks or discharges to (jurisdiction's phone number). Reporting promptly allows contaminants to be contained and avoid further pollution. Outcome (1): Increase the number of reports received, which improves the quality of our waterways The overall goal is to make information more readily available to the community in a manner that will encourage the audience to adopt behaviors that improve preparedness and decrease future flood damage. The following table provides a comprehensive list of the projects. St. Lucie County Unified Program for Public Information 22 Page 430 of 438 PPI Outreach Projects OP Audience Project Topic/Message Assigned Frequency STK Stakeholder # #'s Jurisdiction Y/N Name 1 Whole Social Media All T/M All Jurisdictions Throughout N Facebook Community Posts Year Next Door Twitter Instagram 2 Whole "When Waves T3 All Jurisdictions Throughout Y FEMA Community Swell" video T4 Year Facebook (social media, Twitter website, Next Door Government Instagram TV) Govt TV 3 Whole "When Clouds T1 All Jurisdictions Throughout Y FEMA Community Form" video T2 Year Facebook (social media, T3 Twitter website, T4 Next Door Government Instagram TV) Govt TV 4 Whole Utility Bill T2/M1 Fort Pierce Once per Y Utility Community T3/M1 Year Company T3/M2 T4/M 2 T6/M2 T10/M 1 Target Mailer to all All T/M (PSL Port St Lucie Once per N No STK Audience #1 addresses in and SLC) St Lucie County year the SFHA 5 Target Mailer T1/M2 Fort Pierce Once per N N/A Audience #2 T2/M3 Year T5/M1 Target T8/M 1 Audience #2 All T/M (PSL Mailer and SLC) Port St Lucie Once per N N/A St Lucie County Year 6 Target Mailer All T/M Port St Lucie Once per Y Lenders Audience #3 FEMA F-435 St Lucie County Year Realtors Insurers 7 Whole Hurricane All T/M Port St Lucie Once per Y Multiple Community Expo Booth/ St Lucie County Year Business Handouts Sponsors St. Lucie County Unified Program for Public Information 23 Page 431 of 438 OP Audience Project Topic/Message Assigned Frequency STK Stakeholder # #'s to/Jurisdiction Y/N Name 8 Whole Earth Day T2/M1 Fort Pierce Once per Y Several Local Community Handouts T3/M1 St Lucie County Year Sponsors T3/M2 T4/M 2 T6/M2 T10/M 1 9 Whole Booth/Public T2/M1 Fort Pierce Once per N N/A Community Safety Fair T3/M1 St Lucie County Year T3/M2 T4/M2 T6/M2 T10/M 1 10 Whole City Flood All T/M Port St Lucie Throughout N N/A Community Webpage the Year and all Target Audiences 11 Whole Article in CM's All T/M Port St Lucie Throughout N N/A Community Biweekly the Year Magazine 12 Whole Flood Facts All T/M Port St Lucie Throughout N N/A Community Brochure in 4 the Year Public Areas 13 Whole Elected Activity 370 Port St Lucie Once per Y Several Community Official to Year Business speak at Sponsors Hurricane Expo 14 Whole County Flood All T/M St Lucie County Throughout N N/A Community Webpage the Year 15 Builders Presentation T5/M1 Fort Pierce Once per Y TCBA at TCBA T4/M1 Year T6/M2 16 SFHA ICC Flood Activity 370 Fort Pierce Throughout Y FEMA Insurance the Year Handout 17 Whole Booth at T2/M1 Fort Pierce Once per Y St Lucie Community County Fair T3/M1 Year County Fair T3/M2 Association T4/M 2 T6/M2 St. Lucie County Unified Program for Public Information 24 Page 432 of 438 T10/M1 OP Audience Project Topic/Message Assigned Frequency STK Stakeholder # #'s to/Jurisdiction Y/N Name 18 Whole Booth at TC T2/M1 Fort Pierce Once per N N/A Community Home Expo T3/M1 Year T3/M2 T4/M2 T6/M2 T10/M 1 19 Business Handouts at Activity 370 Fort Pierce Throughout Y FEMA Community Chamber of the Year Chamber of Commerce Commerce 20 Whole City Webpage T1 Fort Pierce Throughout N N/A Community T2 the Year T3 T4 T5 T6 T7 T10 21 Whole Handout at Activity 370 Fort Pierce Throughout Y Banks Community lenders/banks the Year 22 Whole Handout Activity 370 or Fort Pierce Throughout N N/A Community (difference Topic 2 the Year between homeowner & flood insurance) 23 Business Business Expo Fort Pierce Throughout N N/A Community the Year 24 Whole Friday Fest T2/M1 Fort Pierce 1st Friday of Y Fort Pierce Community Handouts/Boo T3/M1 the Month Mainstreet th T3/M2 T4/M2 T6/M2 T10/M 1 25 Whole Video from Activity 370 Fort Pierce Hurricane Y Facebook Community the Ft. Pierce Season Next Door Mayor (Social Media/FPTV) 26 .2% Flood Mailer Activity 370 Fort Pierce Once per N N/A Zone Year Properties St. Lucie County Unified Program for Public Information 25 Page 433 of 438 In order to ensure that there is unified messaging throughout the communities' public information, recommendations are made for the following activities: Map Information Service: Providing accurate hazard information is vital component in the continuing effort to protect lives and property. All jurisdictions will publicize the availability of personal assistance provided by the FIRM's and understanding the other risks associated with flooding and other special flood related hazards. ❖ All FIRM panel information ❖ FIRM zone and base flood elevation ❖ Areas East of the Coastal Construction Control Line ❖ Coastal Barriers Resources Act areas ❖ Locations in the Repetitive loss area ❖ Areas with local Drainage problems ❖ Properties within the LiMWa Website: Webpages are an inexpensive way to get lots of information to citizens, and most citizens use the internet on a daily basis either through computers, tablets, or smartphones. Each communities' website should have links to other websites that have more detailed information on flood related topics. The websites should be checked monthly to ensure the links are still working. They should be updated annually to reflect changes recommended by the PPI committee during the annual evaluation process. Flood Protection Assistance: One of the priority messages determined by the committee is mitigation for flood prone structures. All jurisdictions will offer flood protection messages in the outreach to residents of the repetitive loss area and SFHA. The outreach projects proposed in this PPI should include reminders that property owners are encouraged to call their community's flood assistance line for assistance with flood and repetitive flooding issues on their property. The staff providing the assistance should remind everyone that they face a flood hazard regardless of their location. They should encourage property owners to consider mitigation efforts both large and small in order to reduce flooding losses. They should also promote those retrofitting measures that can impact flood insurance premiums. Drainage maintenance: State and local regulations prohibit dumping (see 42 USC 6944, Florida Statute 403.41315, Port St Lucie Code Article II Sec 56.10 — 56.12) . One of the PPI priority messages is to encourage citizens to report illegal dumping. That message should be included in projects disseminated to all people, not just those going to the SFHA or repetitive loss areas. St. Lucie County Unified Program for Public Information 26 Page 434 of 438 XI. Flood Response Preparations Flooding incidents in SLC may occur with little or no warning and may quickly yield to disaster conditions in neighborhoods and major business districts. Depending on the severity, longevity, and complexity of the incident, a surge in widespread calls for rescue operations may occur which can quickly overwhelm the local 9-1-1 dispatch center and response organizations. Tactical objectives implemented in response to floods impacting residential areas in short timeframes may include the evacuation of trapped residents, protection of critical facilities and residential communities, activation of shelters, and transportation of vulnerable populations to shelters, hospitals, and critical outpatient health services. The PPI sub -committee recognizes the need to prepare and coordinate with other community partners in the event of a flooding incident. The extent of the damage caused by a flood is related not just to its severity, but also the level of public awareness and preparedness, early warning systems, and dissemination of timely and effective information to the public. Each jurisdiction's annual flood and hurricane information outreach informs the public about flood zones, storm surge, evacuation zones, and how they will be warned and the safety measures they should take, should a hurricane and/or flooding occur. During and in preparation for an incident, information is disseminated by the St. Lucie County Emergency Operations Center, in accordance with the St. Lucie County Comprehensive Emergency Management Plan. Likewise, information is coordinated with and also disseminated by the City of Port St. Lucie's Emergency Operations Center in accordance with the City's Comprehensive Emergency Management Plan. Notification of flooding, like any natural or human caused threat to the residents within the county, will be disseminated to the general public, impacted municipal jurisdictions, response and recovery organizations, EOC staff, vulnerable critical facilities, neighboring jurisdictions that may be impacted, and the State EOC. Notifications during an emergency need to be timely, accurate, and coordinated, such that the message may be disseminated by all available public information mechanisms. In order to ensure timely notification of citizens, SLC has established primary and multiple back-up dissemination systems to ensure accurate and timely notification to the public and emergency response personnel. Such dissemination systems include press releases, Alert St. Lucie, and a public information line. The sub -committee has selected 5 of the earlier mentioned topics and messages that should be disseminated at different stages once the EOC has been activated or when the likelihood of a flooding incident is going to occur even if the EOC is not activated. St. Lucie County Unified Program for Public Information 27 Page 435 of 438 At the threat of a flood or storm Topic 3 Protect people from flood hazard Message (1): Sign up for emergency alerts at www.stlucieco.gov/alert Outcome (1): Increase number of people signed up to receive flooding alerts and notifications Message (2): Turn around don't drown Outcome (2): Decrease the number of occupied vehicles driving through flooded roads. Topic 4 Protect your property from flood hazard Message (1): Protect your home, put up shutters or plywood Message (2): Properly filled and placed sandbags are a simple way to reduce flood damage. They do not guarantee a water -tight seal and should not be relied on as the only solution to keep water outside of a building. Message (3): Implement your flood mitigation plan and be prepared for flooding. However, if damage does occur, obtain permits before starting repairs. Outcome (all): Fewer damage reports after a flood incident Topic 7 Tips for hurricane season Message (1): Do not get on the road without a chosen destination Outcome (1): Less people on the roads during a storm Message (2): Know where the evacuation shelters are. Visit www.stlucieco.or_/g eoc Outcome (2): Fewer calls to disaster information lines inquiring about shelter locations After a flood or storm Topic 5 Build responsibly Message (1): Hire only licensed contractors Outcome (1): Fewer citations for unlicensed contactors Message (2): Contact your local floodplain official for information on flood regulations Outcome (2): Increase permitted repairs after a flooding incident Topic 9 Flood mitigation Message (1): If you have a flood insurance policy, you may be eligible to file a claim for Increased Cost of Compliance to elevate your home or implement other mitigation measures, contact your flood insurance agent today. Outcome (1): More mitigation measures implemented in covered homes. St. Lucie County Unified Program for Public Information 28 Page 436 of 438 These FRP Messages are also presented using a table similar to those of non-FRP Outreach Projects (OPs): Flood Response Preparations OP # Audience Method of Topics/Message Assigned When to Individual #'s Distribution Jurisdiction Disseminate Methods Available 1 Whole Social T3/M1-2 All At the Facebook Community Media T4/M1-3 Jurisdictions Threat of a Next Door T7/M1-2 Flood or Twitter Storm Insta ram 2 Whole Social T5/M1-2 All After a Facebook Community Media Jurisdictions Flood or Next Door Handouts Storm Twitter Instagram 3 Whole Social T9/M1 All After a Facebook Community Media Jurisdictions Flood or Next Door Handouts Storm Twitter Instagram XII. Annual Evaluation and Updates The PPI sub -committee meets at least one (1) time per year to assess the implementation of the outreach projects. The sub -committee also convenes annually to evaluate the PPI for the effectiveness of its projects, audiences, messages, and outcomes. The sub -committee reviews each project identified during the previous year and evaluates which projects need to be modified and may refine the messages as needed to increase the effectiveness to existing audiences or to reach new audiences. The sub -committee also evaluates the need for additional projects each year. Changes made as a result of the update become effective as of the date of approval of the sub -committee and will then be submitted to the LMS Working Group Chairperson to be enrolled into the most current version of the Local Mitigation Strategy. Adoption is not required for changes as a result of the annual evaluation. St. Lucie County Unified Program for Public Information 29 Page 437 of 438 Each year an evaluation report will be prepared and approved by the sub -committee, and then submitted to the Local Mitigation Strategy Working Group, Governing Bodies and ISO as part of the CRS program. Every five (5) years, the entire PPI will be fully updated, insurance coverage evaluated and approved by the sub -committee, and then submitted to the Local Mitigation Strategy Working Group, Governing Bodies, and ISO as part of the CRS program. XIII. Plan Adoption This plan becomes effective as an Annex to the St. Lucie Local Mitigation Strategy (LMS) by vote of the LMS Working Group to make such plan the working strategy for the LMS Working Group's Program for Public Information (PPI) Sub -Committee. The LMS Working Group adopted this plan on June 16, 2021. The updated LMS was adopted by all jurisdictions in late 2021. Any additions/deletions as a result of annual evaluations will become effective upon a majority vote of the sub -committee and signature of the LMS Working Group Chair. Shane Ratliff, FPEM, LMS Working Group Chair St. Lucie County Unified Program for Public Information 30 Page 438 of 438