HomeMy WebLinkAboutAgenda Packet 03.21.2023
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
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Regular Meeting Tuesday, March 21, 2023 9:00 AM
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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.
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Regular Meeting Tuesday, March 21, 2023 9:00 AM
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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
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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.
2. 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.
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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
1. 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.
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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
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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.
2. 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.
2. Approval of Bid Award No. 23-011 Melville Road Phase I – Construction of Driveways - THIS
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 -
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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
1. 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
1. 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
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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
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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
9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
E. The Board of County Commissioners will hold a Regular meeting on Tuesday, April 18, 2023 at 9am
in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia
Avenue, Fort Pierce, FL.
F. 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
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6.A. PROCLAMATIONS
APPROVAL
RES-2023-9
AGENDA REQUEST DATE: 3/21/2023
*RESOLUTION ITEM -
PROCLAMATION
TO: Board of County Commissioners
PRESENTED
BY:
Daniel McIntyre, County Attorney
SUBMITTED
BY:
County Attorney
SUBJECT: Resolution No. 23-009 - Proclaiming the Month of March 2023 as "Women's History Month" in
St. Lucie County, Florida
BACKGROUND:
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/Signatures
Date: February 01, 2023
Daniel McIntyre, County Attorney
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: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
________________________ BY: ________________________________
DEPUTY CLERK CHAIR
APPROVED AS TO FORM AND
CORRECTNESS:
____________________________________
COUNTY ATTORNEY
Page 12 of 438
6.B. PROCLAMATIONS
APPROVAL
RES-2023-21
AGENDA REQUEST DATE: 3/21/2023
*RESOLUTION ITEM -
PROCLAMATION
TO: Board of County Commissioners
PRESENTED
BY:
Daniel McIntyre, County Attorney
SUBMITTED
BY:
County Attorney
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/Signatures
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: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
_________________________________ BY:_________________________________
DEPUTY CLERK CHAIR
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
____________________________________
COUNTY ATTORNEY
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6.C. PROCLAMATIONS
APPROVAL
RES-2023-28
AGENDA REQUEST DATE: 3/21/2023
*RESOLUTION ITEM -
PROCLAMATION
TO: Board of County Commissioners
PRESENTED
BY:
Daniel McIntyre, County Attorney
SUBMITTED
BY:
County Attorney
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/Signatures
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
6.D. PROCLAMATIONS
APPROVAL
RES-2023-32
AGENDA REQUEST DATE: 3/21/2023
*RESOLUTION ITEM -
PROCLAMATION
TO: Board of County Commissioners
PRESENTED
BY:
Daniel McIntyre, County Attorney
SUBMITTED
BY:
County Attorney
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
Date: March 04, 2023
Daniel McIntyre, County Attorney
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.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
______________________ BY: _____________________________
Chair
APPROVED AS TO FORM AND CORRECTNESS
BY: _____________________________
County Attorney
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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:
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• 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
• Profiled Thermoplastic Striping – Eliminated
• Transverse Pavement Markings – Not profiled thermoplastic
• Raised Rumble Strips – 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 85th-percentile vehicular speed.
In comparison to Phase I improvements, traffic over the last six years has grown at a 1% annual growth
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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. McIntrye 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.
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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-B, 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.
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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/RFQ for 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
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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 ho using 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.
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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.
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➢ 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.
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03/03/23 ST. LUCIE COUNTY - BOARD PAGE 1
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
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03/03/23 ST. LUCIE COUNTY - BOARD PAGE 2
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
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03/10/23 ST. LUCIE COUNTY - BOARD PAGE 1
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
8.B.1.
2023-58585
CONSENT AGENDA - COUNTY
ATTORNEY
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - PERMISSION TO
FILE SUIT
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
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,
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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
Date: March 05, 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
Date: March 10, 2023
Daniel McIntyre, County Attorney
Page 31 of 438
Date: March 13, 2023
George Landry, County Administrator
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1
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 a political
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
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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;
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3
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.
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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.
COUNT I
ACTION FOR INJUNCTIVE RELIEF
14. The County reincorporates by reference the allegations in Paragraphs 1 thru
13 above.
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,
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5
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 Str. 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
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6
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.
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7
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: barbierik@stlucieco.org
Secondary E-Mail Address: SLCAttorney@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 ________________ and mailed via U.S. Mail to
the Defendants this_________ day of _________________ 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: barbierik@stlucieco.org
Secondary: SLCAttorney@stlucieco.org
Attorney for the County
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8
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.
__________________________________________
DANIELLE WILLIAMS
Code Enforcement Supervisor
Sworn to and subscribed before me on ____________________ by DANIELLE
WILLIAMS.
Personally known ________ OR Produced Identification ____________________
Type of Identification Produced ________________________________________
__________________________________________
Notary Public, State of Florida
My Commissiom Expires: ____________________
Page 59 of 438
8.B.2.
2023-58670
CONSENT AGENDA - PROPERTY
ACQUISITION DIVISION
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - AGREEMENT
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: JoAnn Riley, Property Acquisition Manager
SUBMITTED BY: Property Acquisition Division
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
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615
SWCalmosoDr
SESelvaCt
SESolazAve
SWAirosoBlvd
615
SELakehurst Dr
SELadnerSt
SWAirosoBlvd
SELuceroDr
SECalmosoDr
SEPrinevilleSt
SETierraCt
SandiaAve
SESelvaCt
SESonetoCt
SEFestivoCt
SEPlacitaCt
SECortoTer
SELakehurst Dr
SEPrinevilleSt
SEDuxburyAve
SESandiaDr
SEDuval Ave
SEKeyesSt
Saint Lucie County Property Appraiser
Sanborn, FDOR
2/16/2023 0 375 750187.5 ft
0 110 22055m
1:4,514
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8.B.3.
2023-58682
CONSENT AGENDA - PROPERTY
ACQUISITION DIVISION
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - AGREEMENT
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: JoAnn Riley, Property Acquisition Manager
SUBMITTED BY: Property Acquisition Division
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
Date: March 10, 2023
Daniel McIntyre, County Attorney
Date: March 11, 2023
Mayte Santamaria, Deputy County Administrator
Page 70 of 438
HiddenPinesRd
LonesomePineTrl
Tall
PineSt
70 70OkeechobeeRd
OkeechobeeRd
CoolidgeRd
HiddenPinesRd
Fl
o
r
i
d
a'
s
T
p
k
e
70
CoolidgeRd
OkeechobeeRd
OkeechobeeRd
Saint Lucie County Property Appraiser
Sanborn, FDOR
2/16/2023 0 375 750187.5 ft
0 110 22055m
1:4,514
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8.B.4.
2023-58693
CONSENT AGENDA - PROPERTY
ACQUISITION DIVISION
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - AGREEMENT
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: JoAnn Riley, Property Acquisition Manager
SUBMITTED BY: Property Acquisition Division
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
BeachAve
Ri o ma r Dr
WillowsAve
BeachAve
OliveAve
S h a d y L n
Riomar
Dr
B
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a
c
h
A
v
e
WArbor
Ave
A lt u r a S t
Sha d y L n
Cypress St
Ol
i
veAve
BaySt
RamieCt
Alt u r a St
NE
Ent
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ada
Ave
Ri omar Dr
1
Beach
Ave
Al t ur a St
Oak St
Lomas St
E
Ar
bor
Ave
S
US
Hi
ghway
1
Beach
Ave
Saint Lucie County Property Appraiser
Sanborn, FDOR
2/21/2023 0 375 750187.5 ft
0 110 22055m
1:4,514
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8.B.5.
2023-58720
CONSENT AGENDA - PROPERTY
ACQUISITION DIVISION
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - AGREEMENT
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: JoAnn Riley, Property Acquisition Manager
SUBMITTED BY: Property Acquisition Division
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
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
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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
Date: March 10, 2023
Daniel McIntyre, County Attorney
Date: March 11, 2023
Mayte Santamaria, Deputy County Administrator
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WinterGardenPkwy
SebastianRd
DeleonAve
CabanaLn
WinterGardenPkwy
DeleonAve
EastwoodDr
KillarneyAve
SebastianRd
ShannonDr
EastwoodDr
KillarneyAve
ShannonDr
SpanishRiverRd
Saint Lucie County Property Appraiser
Sanborn, FDOR
3/1/2023 0 180 36090ft
0 50 10025m
1:2,257
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8.C.1.
2023-58724
CONSENT AGENDA - HUMAN
RESOURCES & RISK
MANAGEMENT DEPARTMENT
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - AGREEMENT
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: Heather Young, Interim Human Resources Director
SUBMITTED BY: Human Resources & Risk Management Department
SUBJECT: Agreement with FMLASource for Administration of Family Medical Leave Act
(FMLA) Leave and Americans with Disabilities Act (ADA) leave for County Employees
BACKGROUND:
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:
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MOVER: None
SECONDER: None
AYES: None
NAYS: None
EXCUSED: None
Coordination/Signatures
Date: March 10, 2023
Daniel McIntyre, County Attorney
Date: March 13, 2023
Jennifer Hill, Office of Management & Budget Director
Date: March 14, 2023
George Landry, County Administrator
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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 Scrutinize d
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.
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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.
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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, l ockout 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: With a Copy To:
County Administrator County Attorney
St. Lucie County St. Lucie County
2300 Virginia Avenue 2300 Virginia Avenue
Fort Pierce, FL 34982 Fort Pierce, FL 34982
If to FMLASource:
CEO
FMLASource
455 N. Cityfront Plaza Drive
Chicago, IL 60611
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.
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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 accommodatio n 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.
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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.
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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)462-1441,
BellamyS@stlucieco.org, COUNTY ATTORNEY’S OFFICE 2300 VIRGINIA
AVENUE, FORT PIERCE, FL 34982
25. E-Verify/Verification 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.
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Please sign below to acknowledge each Party’s acceptance of these terms.
ST. LUCIE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
BY:
COUNTY ADMINISTRATOR
APPROVED AS TO FORM AND CORRECTNESS:
_________
COUNTY ATTORNEY
FMLASource, INC.
BY:
PRINT NAME: _____
TITLE:
DocuSign Envelope ID: 9E0F6543-0069-4B86-9670-2D9C01F38D23
Counsel
Adam Gotskind
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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.
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Historical Data File
Employee
Number
(per
eligibility
file)
Employee
Last
Name
(per
eligibility
file)
Employee
First
Name
(per
eligibility
file)
Leave
Request
Number
(optional)
Leave /
Certified
Start
Date
(mm/dd/yy
yy)
Leave /
Certified
End Date
(mm/dd/yy
yy)
Leave
Reason
(Select
from list)
Leave
Taken For
Relations
hip
(Select
from list)
Condition
(Optional)
Free-form
text w/ 100
character
limit
Requested
Frequency
(Select from
list)
Decision
(Select
from list)
Leave
Plan
(Select
from list)
Reduced
Schedule
Type
(Select
from list)
Reduced
Frequency
-
Number of
Hours Per
Day Used
Reduced
Frequency
-
Sunday
Hours Used
Reduced
Frequency
-
Monday
Hours Used
Reduced
Frequency
-
Tuesday
Hours Used
Reduced
Frequency
-
Wednesday
Hours Used
Reduced
Frequency
-
Thursday
Hours Used
Reduced
Frequency
-
Friday
Hours Used
Reduced
Frequency
-
Saturday
Hours Used
Intermittent Leave Time Tracking (individual day / hours)
Leave Request Number
(colume D - request worksheet)
Employee Number
(per eligibility file)
Employee Last Name
(per eligibility file)
Employee First Name
(per eligibility file)
Date Tracked
(mm/dd/yyyy)
Leave Time Used in Hours
(decimal hours)
SCHEDULE II
HISTORICAL DATA TEMPLATE
DocuSign Envelope ID: 9E0F6543-0069-4B86-9670-2D9C01F38D23
Page 106 of 438
8.D.1.
2023-58700
CONSENT AGENDA - LIBRARY
SERVICES DEPARTMENT
AGENDA REQUEST DATE: 3/21/2023
*RESOLUTION ITEM - BOARD
APPROVAL
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: Robyn Saint-Paen, Director
SUBMITTED BY: Library Services Department
SUBJECT: Resolution No. 2023-038 - Resolution to Submit the Public Library Construction
Grant for State FY 2024/2025
BACKGROUND:
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
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.
RES-2023-20
CONSENT AGENDA - OFFICE OF
MANAGEMENT & BUDGET
AGENDA REQUEST DATE: 3/21/2023
*RESOLUTION ITEM - BUDGET
RESOLUTION
QUASI-JUDICIAL ITEM? NO
TO: Board of County Commissioners
PRESENTED BY: Jennifer Hill, Office of Management & Budget Director
SUBMITTED BY: Office of Management & Budget
SUBJECT: FY 23 Budget Resolution Recognizing Unanticipated Revenue
BACKGROUND:
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
EXCUSED: None
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 2023.
ATTEST:BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIR
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
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 11/19/22
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.
2023-58674
CONSENT AGENDA - OFFICE OF
MANAGEMENT & BUDGET
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - REQUEST FOR
QUALIFICATIONS
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: Desiree Cimino, Purchasing Manager
SUBMITTED BY: Office of Management & Budget
SUBJECT: Request for Qualifications (RFQ) No. 23-012, Professional Architectural Services -
New Medical Examiner Facility
BACKGROUND:
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
PREVIOUS ACTION:
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
RFQ No. 23-012
Professional Architectural Services - New Medical Examiner Facility
Selection Committee
Dr. Patricia Aronica
Jeffrey Dougherty
Kimberlee Levee - Martin County
Terry Burroughs - Okeechobee County
Rich Szpyrka - Indian River County
Points per Committee Member 40 40 20 100
8Donadio & Associates Architects 158 153 79 390
396 7
Nelson Worldwide, LLC 171 165 60
430 3
Caldwell Associates Architects 163 171 91
425
Leo A Daly 176 166 88
4
CPZ Architects, Inc
JL2 Architecure 174 180
180 1180 91
451
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Ritacco and Chan Architecture, LLC 162 151 87 400 6
Saltz Michelson Architects 159 155 87 401
1
Attachment A
Page 117 of 438
BOARD OF
COUNTY
COMMISSIONERS
PURCHASING
DEPARTMENT
TABULATION SHEET
RFQ No. 23‐012
Professional Architectural Services – New Medical Examiner Facility
Caldwell Associates Architects
Contact: Melanie Wilson Phone: 850‐432‐9500 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 20th Street, Suite 1, Vero Beach, Florida 32960
Donadio & Associates Architects PA
Contact: Anthony J Donadio Phone: 772‐794‐2929 email: adonadio@spiezle.com
Address: 2001 9th Avenue, #308, Vero Beach, Florida 32960
Jl2 Architecture
Contact: Johnnie Lohrum, Jr Phone: 407‐340‐2879 email: jlohrum@jl2architecture.com
Address: 1678 Kingston Road, Longwood, Florida 32750
Leo A Daly
Contact: William A. Hanser 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 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 Phone: 954‐266‐2700 email: Projects@SaltzMichelson.com
Address: 3501 Griffin Road, Fort Lauderdale, Florida 33312
Attachment B
Page 118 of 438
8.F.1.
2023-58713
CONSENT AGENDA - PLANNING &
DEVELOPMENT SERVICES
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - AMENDMENT
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: Benjamin Balcer, Planning & Development Services Director
SUBMITTED BY: Planning & Development Services
SUBJECT: Request Permission to Advertise a Land Development Code Text Amendment to
Update the Land Development Code Provisions Pertaining to Fences, Walls and
Hedges
BACKGROUND:
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
Date: March 10, 2023
Daniel McIntyre, County Attorney
Date: March 11, 2023
Mayte Santamaria, Deputy County Administrator
Page 120 of 438
Page 1 of 5
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. Luci e
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 121 of 438
Page 2 of 5
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 strikethrough 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:
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 any
fence requirements in state law, such as specific requirements for fencing and barriers around swimming
pools. 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, in cluding, but
Words in strike through type are deletions from existing text.
Words in underlined type are additions to existing text.
Asterisks (***) indicate existing text not shown.
Page 122 of 438
Page 3 of 5
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
graffiti.
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 yard, provided that 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 integrated
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, may be located in any other required yard. Except except that:
a.1. 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 lot's rear or side lot line(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 purposes 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.
CB. 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 123 of 438
Page 4 of 5
DC. 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 this Code.
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)(4).
Page 124 of 438
Page 5 of 5
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 8. 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
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8.G.2.
2023-58687
CONSENT AGENDA - PUBLIC
SAFETY
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - AGREEMENT
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: Karen Kozac, Public Safety Assistant Director
Oscar Hance
SUBMITTED BY: Public Safety
SUBJECT: Federally-Funded Subaward and Grant Agreement - DR4673 (Hurricane Ian)
BACKGROUND:
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.
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COMMISSION ACTION:
RESULT:
MOVER: None
SECONDER: None
AYES: None
NAYS: None
EXCUSED: None
Coordination/Signatures
Date: March 03, 2023
Rangel Guerrero, Public Safety Director
Date: March 04, 2023
Daniel McIntyre, County Attorney
Date: March 07, 2023
George Landry, County Administrator
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8.H.1.
2023-58709
CONSENT AGENDA - UTILITIES
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - AMENDMENT
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: Rebecca Olson, Interim Director of Public Utilities
SUBMITTED BY: Utilities
SUBJECT: St. Lucie County - Vero Beach Potable Water System Interconnect - Fourth
Amendment to Work Authorization No. 11 - Contract C17-10-792 with CDM Smith,
Inc.
BACKGROUND:
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:
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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
Date: March 09, 2023
Jennifer Hill, Office of Management & Budget Director
Date: March 10, 2023
Daniel McIntyre, County Attorney
Date: March 13, 2023
George Landry, County Administrator
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Page 1 of 3
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 I T N E S S E T H:
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.
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Page 2 of 3
2. 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.
3. 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.
5. TIME OF COMPLETION:
a. It is hereby understood and mutually agreed by and between parties hereto that the time of
completion is an essential condition of this Contract, time being of the essence.
b. Consultant shall commence work per the written Notice to Proceed, and shall complete all
work 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.
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f. SCRUTINIZED COMPANIES TERMINATION: The County may immediately terminate the
Contract 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 Scrutin ized
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.
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIR
APPROVED AS TO FORM AND CORRECTNESS:
COUNTY ATTORNEY
CDM SMITH INC.
BY:
PRINT NAME:
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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.
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Page 2 of 6 jj3414_Amend No. 4
▪ 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.
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Page 3 of 6 jj3414_Amend No. 4
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
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Page 4 of 6 jj3414_Amend No. 4
▪ 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.
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Page 5 of 6 jj3414_Amend No. 4
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.
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Page 6 of 6 jj3414_Amend No. 4
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 II 112 $135 $15,120
Professional I 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
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8.H.2.
2023-58716
CONSENT AGENDA - SOLID
WASTE & RECYCLING
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - BOARD
ACCEPTANCE
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: Rebecca Olson, Interim Director of Public Utilities
SUBMITTED BY: Solid Waste & Recycling
SUBJECT: 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.
BACKGROUND:
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.
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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
Date: March 13, 2023
George Landry, County Administrator
Page 166 of 438
1
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”.
W I T N E S S E T H:
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:
1. PROJECT:
The County has determined that it would like to complete a project described below:
St. Lucie County Baling and Recycling Facility
Phase II Reopening Design, Permitting, Bidding,
and Services during Construction
(hereinafter referred to as "the Project".)
2. 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.
3. 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
2
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).
5. CONTRACT DOCUMENT:
Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall
remain in full force and effect.
6. 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 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
Page 168 of 438
3
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.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIR
APPROVED AS TO FORM AND CORRECTNESS:
COUNTY ATTORNEY
CDM SMITH, INC.
BY:
PRINT NAME:
Page 169 of 438
A-1
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.
Page 170 of 438
A-2
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
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A-3
· 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
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A-4
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
Page 173 of 438
A-5
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
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A-6
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 IIIB 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.
Page 175 of 438
A-7
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 = $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.
Page 176 of 438
jj3444_Exhibits A-B-C_revised B-1
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
Page 177 of 438
jj2200_Attachments_A-B-C.doc C-1
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 I 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 $97,945
TOTAL NOT-TO-EXCEED AMOUNT $97,945
Page 178 of 438
8.I.1.
RES-2023-33
CONSENT AGENDA - PUBLIC
WORKS
AGENDA REQUEST DATE: 3/21/2023
*RESOLUTION ITEM - BOARD
APPROVAL
QUASI-JUDICIAL ITEM? NO
TO: Board of County Commissioners
PRESENTED BY: Barbara Guettler, MSBU Coordinator
SUBMITTED BY: Public Works
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
1
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.
Page 181 of 438
2
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
Page 182 of 438
3
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
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4
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]
Page 184 of 438
5
SECTION 8. EFFECTIVE DATE. This Resolution shall take effect immediately
upon its passage and adoption.
AFTER MOTION AND SECOND, the vote on this Resolution was as
follows:
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.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
Deputy Clerk Chair
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
Page 185 of 438
8.I.2.
2023-58715
CONSENT AGENDA - PUBLIC
WORKS
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - BID AWARD
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
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/Signatures
Date: March 07, 2023
James Lappert, Water Quality Division Director
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
Date: March 11, 2023
Mayte Santamaria, Deputy County Administrator
Page 188 of 438
Public Works Department Agenda Item Summary
BOARD OF COUNTY COMMISSIONERS
Agenda Date:
Tuesday, 9:00 AM
March 21,2023
Melville Road Phase I – Construction of Driveways
Award Bid
THIS IS A SALES TAX FUNDED PROJECT
Division:
Water Quality
Consultant/Contractor:
A Thomas Const Inc.
Project 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
Project Description
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.
Background (con’t)
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
Page 190 of 438
8.I.3.
2023-58717
CONSENT AGENDA - PUBLIC
WORKS
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - WORK
AUTHORIZATION
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
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 / Railrd 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
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
Date: March 11, 2023
Mayte Santamaria, Deputy County Administrator
Page 192 of 438
Public Works Department Agenda Item Summary
BOARD OF COUNTY COMMISSIONERS
Agenda Date:
March 21, 2023
Tuesday, 9:00 A.M.
Old Dixie Highway Intersection Improvements
Design Services
Division:
Engineering Division
Consultant/Contractor:
Kimley-Horn Associates, Inc.
Project Location(s):
Old Dixie Highway
Funding Source:
Account #001009-4115-
563000-224616
Commissioner District:
District 5
Project Manager:
Name: Pete DePasquale
Tel #: (772) 462-2742
Email:
depasqualep@stlucieco.org
Mail:
2300 Virginia Ave. Rm 229
Fort Pierce, Florida 34982
Project Description
To alleviate safety concerns associated
with the Brightline’s proximity to Old
Dixie Highway in St. Lucie Village, the
County seeks to install seven signalized
intersections that will be connected to
the railroad’s preemption timing.
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:
Background (con’t)
• 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 contract
amount for these services is $575,180.00.
Notice Requirements
N/A
Staff Recommendation
Staff recommends Board approval of the
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.
Page 193 of 438
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kimley-horn.com 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100
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
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,
KIMLEY-HORN AND ASSOCIATES, INC.
Brian A. Good, P.E.
Senior Vice President
Page 194 of 438
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kimley-horn.com 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100
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
Chamberlin Boulevard
Milton Road
Torpey Road
Rouse Road
Michigan Street
Wilcox 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 195 of 438
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kimley-horn.com 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100
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 topographic feature information will be
collected in sufficient detail to locate, design and construct the contemplated
improvements.
Task 2 – Geotechnical Investigation:
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
Chamberlin Boulevard
Milton Road
Torpey Road
Rouse Road
Michigan Street
Wilcox 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 196 of 438
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kimley-horn.com 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100
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 Development:
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 197 of 438
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kimley-horn.com 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100
The set of plans shall consist of the following:
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
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
Sign Details P P S F
Construction Cost Estimate and
Quantities P S S F
Page 198 of 438
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kimley-horn.com 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100
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 199 of 438
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kimley-horn.com 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100
Task 4 - Franchise Utility 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 Permitting/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 200 of 438
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kimley-horn.com 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100
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
Total Project Cost $ 575,180
Page 201 of 438
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kimley-horn.com 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100
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 contingent upon BOCC approval
40% Plan Submittal 6 months following NTP
80% Plan Submittal 9 months following NTP
100% Plan Submittal 12 months following NTP
All work will be completed no later than June 1, 2024.
Page 202 of 438
Summary
Project Name
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 - Old Dixie Highway, Multiple Locations
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
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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 Project Senior Engineering Engineering Support Remarks
Principal Manager Engineer Technician II Technician I Staff
FEC Railroad 120 120 80 80 16
Franchise Utility Coordination 8 20 40 60 16
QC/QA 8
Project Management 4
Subtotal 8 132 140 120 140 32
Page 4
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June 13, 2022
Via e-mail: Brian.Good@kimberly-horn.com
Brian Good P.E.
Senior Project Manager
Kimberly Horn
445 24th Street, Suite 200
Vero Beach, FL. 32960
(772) 794-4083
RE: Dixie Highway Railroad Crossings (7), Fort Pierce, Florida
Thank you very much for your request.
In accordance with your request CivilSurv 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:
CivilSurv Design Group, Inc.
Scott Worack Name:
Director of Surveying and Mapping Date:
E-mail: sworack@civilsurv.com
Page 207 of 438
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
June 28, 2022
Ardaman Proposal No. 22-P-5241
Kimley-Horn
445 24th Street, Suite 200
Vero Beach, Florida 32960
Attention: Mr. Brian Good, P.E.
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.
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. Jason P Manning, P.E.
Assistant Project Engineer Branch Manager
Page 209 of 438
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 Zip Code Phone
Attention Title
SPECIAL INSTRUCTIONS:
PAYMENT TERMS:
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 in duce 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 nego tiates 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, assigne es, 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 furnish 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 obscu re 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 a nd 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 service s 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 cost s 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 requi red 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 spec imens 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 H AZARDOUS 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 locatio n 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 ne cessary 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, persona l 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, emba rgo, 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 P arty. In the
event that any provision of this Agreement is held invalid, the remainder of this Agreement shall be fully enforce able.
3/22
Page 211 of 438
8.I.4.
2023-58718
CONSENT AGENDA - PUBLIC
WORKS
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - BID AWARD
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: Daniel Zrallack, County Engineer
SUBMITTED BY: Public Works
SUBJECT: Approval to Award Bid No. 23-001 Prima Vista Boulevard Traffic Communications
Conduit & Fiber project - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE
SALES TAX
BACKGROUND:
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
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
Agenda Date:
Tuesday, 9:00 AM
March 21, 2023
Prima Vista Boulevard Traffic Communications Conduit & Fiber
Bid Award
THIS IS A SALES TAX FUNDED PROJECT
Division:
Engineering Division
Consultant/Contractor:
Consultant: Kimley Horn &
Associates (KHA)
Contractor: Eastern Pipeline
Construction, Inc.
Project Location(s):
Prima Vista Boulevard from Airoso
Boulevard to SE Naranja Avenue
Funding Source:
Sales Tax
Commissioner District:
District 3
Project Manager:
Name: Edmund Bas, P.E.
Tel #: (772) 462-2184
Email: base@stlucieco.org
Mail: 2300 Virginia Ave. Rm 229
Fort Pierce, Florida 34982
Project Description
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).
Background
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.
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.
Background (continue)
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 services (CEI) in the
amount of $49,994.26.
Total Construction Budget:
$378,237.16
Notice Requirements
N/A
Staff 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, and authorize
the Chair to sign documents approved
by the County Attorney.
Page 215 of 438
St Lucie County BOCC - Engineering Division
Project:
Project No.:22800
Bid No.:23-001
Subject:
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 CONSTRUCTION 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 $265,780.00 $293,329.00
999-99A $26,578.00 $29,332.90
$292,358.00 $322,661.90
10.37%Percentage Higher Than The Low Bid
JAMIE UNDERGROUND EASTERN PIPELINE
TOTAL ESTIMATED AMOUNT (Based on Bid Unit Prices & Estimated Quantities)
CONSTRUCTION CONTINGENCY ALLOWANCE (10% of Base Bid)
TOTAL ESTIMATED AMOUNT (Based on Bid Unit Prices, Estimated Quantities, & 10% Contingency)
Prima Vista Boulevard Traffic Communications Conduits & Fiber
BID TABULATIONS
BID ITEM DESCRIPTION UNITS QTY
Page 216 of 438
Florida Department of Transportation
RON DESANTIS
GOVERNOR 3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
JARED W. PERDUE, P.E.
SECRETARY
www.fdot.gov
Dan Zrallack, P.E., County Engineer,
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34985
Email to: zrallackd@stlucieco.org
RE: Bid Concurrence for G2F33 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# Description Quantity/ Unit Total Amount
108-1A Construction Layout and Record Drawings 1 LS $ 17,500.00
999-1A Utility Coordination 1 LS $ 10,000.00
999-99A Contingency 1 LS $ 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,
Sabrina Aubery, P.E., Program Administration Engineer
Program Management Office – District Four
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 - FDOT Materials Lab
Chloann Lawrence / Diego Velazquez - FDOT Operations
D4 Work Program - FDOT Program Management
DocuSign Envelope ID: C2F1CB83-C3AA-4E59-8214-0D67C14604E9
02/28/2023 | 9:58 AM EST
Page 217 of 438
MANAGEMENT & BUDGET
Purchasing Division
February 23, 2023
Mr. John Coniglio
Jamie Underground, Inc.
P.O. Box 1702
Palm City, Fl. 34991
Subject: Bid No. 23‐001 – Prima Vista Blvd. Traffic Communications Conduit & Fiber
Dear Mr. Coniglio:
Thank you for submitting a proposal for the above referenced Bid. Unfortunately,
your company’s submittal has been declared non‐responsive due the following
missing documents:
Drug Free Workplace Certification
Buy America Certificate of Compliance
Title VI Nondiscrimination Assurance
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)
E‐Verify Certification (FDOT Form 375‐040‐68)
Certification for Disclosure of Lobbying Activities on Federal Aid Contracts (FDOT form
375‐030‐33)
Disclosure of Lobbying Activities (FDOT Form 375‐030‐34)
Non‐Collusion Declaration (FDOT 575‐060‐13)
Certification Regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion –
Federal Contracts (FDOT Form 375‐030‐32)
Section 00510, Federal Provisions, Page 00510‐15, Paragraph 23 – Compliance with
Federally Required Contract Provisions, of the bid document states that Bidders shall
cite compliance with the Required Contract Provisions and shall execute and include
these documents in their bid proposals. Failure to include items 1‐18 may result in a
determination that the bid proposal is non‐responsive.
ST. LUCIE COUNTY
BOARD OF COUNTY
COMMISSIONERS
Chris Dzadovsky
District 1
Larry Leet
District 2
Linda Bartz
Vice-chair
District 3
Jamie Fowler
District 4
Cathy Townsend
Chair
District 5
George Landry
County Administrator
Dan McIntyre
County Attorney
Mailing address
2300 Virginia Avenue
Fort Pierce, FL 34982
Phone
(772) 462-1700
TDD
(772) 462-1428
FAX
(772) 462-1704
E-mail
ciminod@stlucieco.org
Website
www.stlucieco.gov
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,
Desiree J. Cimino
Purchasing Manager
Page 219 of 438
8.I.5.
2023-58721
CONSENT AGENDA - PUBLIC
WORKS
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - BID AWARD
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: Daniel Zrallack, County Engineer
SUBMITTED BY: Public Works
SUBJECT: Approval to Award Bid #23-009 and the Proposal for Geotechnical and Material
Testing Services for the Elm Avenue / Merritt Ditch Culvert Replacement Project
BACKGROUND:
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
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 221 of 438
Public Works Department Agenda Item Summary
BOARD OF COUNTY COMMISSIONERS
Agenda Date:
Tuesday 9:00 A.M.
March 21, 2023
Proposal for the Design of Culvert at Elm Avenue over Merritt
Ditch
Project Number 20202 – Bid Award
Division:
Engineering Division
Consultant/Contractor:
Contractor: PRP Construction Group
Consultant: Inwood Consulting
Engineers Inc.
Project Location(s):
Elm Avenue approximately 700 feet
North of Midway Road
Funding Source:
Stormwater MSTU
Commissioner District:
District 4
Project Manager:
Name: Michael Heller
Tel #: (772) 462-1659
Email: hellerm@stlucieco.org
Mail: 2300 Virginia Ave. Rm 229
Fort Pierce, Florida 34982
Project Description
This project will replace the existing 48”
culvert under Elm Avenue at Merritt Ditch
with a new 60” culvert pipe.
Background
The existing 48" Corrugated Metal Pipe
(CMP) under Elm Avenue, which allows
St. Lucie County’s “Merritt Ditch” to flow
freely under the roadway has failed. On
October 2, 2020 the roadway was closed
in the vicinity of the failure to protect
public safety.
On February 15, 2023, two (2) bids were
received for Bid No. 23-009, Elm Avenue
at Merritt Ditch Culvert Replacement
Project. 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
Background (continued)
material testing services was received
in the amount of 11,311.00.
The construction project budget is
estimated at $309,998.07
Staff Recommendation
Staff recommends Board approval of
the Bid Award to PRP Construction
Group, LLC in the amount of
$298,687.07 for the construction of
the Elm Avenue/Merritt Ditch Culvert
Replacement project; approval of 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.
Merritt Ditch
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
UNITS Est.
QTY 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 SY 122.00 $26.50 $3,233.00 $40.83 $4,981.26
285-706 Optional Base, Base Group 06 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 $271,533.70 $277,732.10
$27,153.37 $27,773.21
$298,687.07 $305,505.31
2.28%
BID ITEM DESCRIPTION CENTERLINEPRP CONSTRUCTION GROUP
Percentage Higher Than The Low Bid
TOTAL ESTIMATED AMOUNT (Based on Bid Unit Prices, Estimated Quantities & 10% Contigency)
TOTAL ESTIMATED AMOUNT (Based on Bid Unit Prices & Estimated Quantities)
CONSTRUCTION CONTIGENCY ALLOWANCE (10% of BASE AMOUNT)
Page 223 of 438
Professional Service Industries, Inc. (dba Intertek-PSI) | FL ENGINEERING FIRM 3684 | www.intertek.com/building
Environmental Consulting • Geotechnical Engineering • Construction Materials Testing • Inspection Services
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 | 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:
6500 NW 12th Avenue, Suite 116
Fort Lauderdale, FL 33309
phone: 954.267.0965 | fax: 954.267.0944
intertek.com/building | psiusa.com
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.
Page 224 of 438
Professional Service Industries, Inc. (dba Intertek-PSI) | FL ENGINEERING FIRM 3684 | www.intertek.com/building
Environmental Consulting • Geotechnical Engineering • Construction Materials Testing • Inspection Services
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 at the direction of your representative.
2.PSI’s total fees for the 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.
Page 225 of 438
Elm Avenue/Merritt Ditch Culvert Replacement
PSI Proposal No. 0225- 393225
Page 2 of 4
Professional Service Industries, Inc. | FL ENGINEERING FIRM 3684 | www.intertek.com/psi
Environmental Consulting • Geotechnical Engineering • Construction Materials Testing • Inspection Services
EXHIBIT B- COMPENSATION, PAYMENT AND TERMS
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
Page 226 of 438
Elm Avenue/Merritt Ditch Culvert Replacement
PSI Proposal No. 0225- 393225
Page 3 of 4
Professional Service Industries, Inc. | FL ENGINEERING FIRM 3684 | www.intertek.com/psi
Environmental Consulting • Geotechnical Engineering • Construction Materials Testing • Inspection Services
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 agents or 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.
Page 227 of 438
Elm Avenue/Merritt Ditch Culvert Replacement
PSI Proposal No. 0225- 393225
Page 4 of 4
Professional Service Industries, Inc. | FL ENGINEERING FIRM 3684 | www.intertek.com/psi
Environmental Consulting • Geotechnical Engineering • Construction Materials Testing • Inspection Services
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:
Page 228 of 438
9.A.1.
ORD-2023-5
PUBLIC HEARINGS -
PLANNING &
DEVELOPMENT
SERVICES
AGENDA REQUEST DATE: 3/21/2023
*ORDINANCE ITEM -
LAND DEVELOPMENT
CODE TEXT
AMENDMENT
QUASI-JUDICIAL ITEM?
NO
TO: Board of County Commissioners
PRESENTED BY: Irene Szedlmayer, Senior Planner
SUBMITTED BY: Planning & Development Services
SUBJECT: 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
BACKGROUND:
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
Planning and Development
Services Department
Planning Division
M E M O R A N D U M
TO: Board of County Commissioners
THROUGH: Benjamin Balcer, AICP, Director
Planning and Development Services Department
FROM:
DATE:
SUBJECT:
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.
Page 231 of 438
Project Name: LDC Text Amendment
Solar Generation Stations
File No.: TLDC - 2212-000019
2
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.,
Supplemental Standards,
Solar Energy
Provide that the minimum frontage requirements for Solar Generation
Stations in Agricultural Zoning Districts is zero (0) provided legal and
sufficient ingress and egress is demonstrated.
7.10.28.A.(1)(b)7.,
Supplemental Standards,
Solar Energy
Provide mandatory text to appear on the Site Plan and Development Order
regarding absence of any governmental responsibility to maintain roads,
drives, easements, etc. that are used for access to a Solar Generation Station.
7.10.28.B., Supplemental
Standards, Solar Energy
Further define what is intended regarding non-utility, solar systems that are
accessory uses, such as roof-top or backyard solar systems on residential
lots.
11.03.01.B., exceptions to
platting
Add #4 to the list of exemptions from platting: “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.,
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.
Page 232 of 438
Project Name: LDC Text Amendment
Solar Generation Stations
File No.: TLDC - 2212-000019
3
Table 1. Summary of the other proposed amendments to the LDC
LDC Section Intent of Change
2.00.00 – Definitions Add a definition for bona fide agricultural use to the LDC that is consistent
with Section 823.14., F.S., the Florida Right to Farm Act.
11.03.01.B., exceptions to
platting
Add the words--bona fide agricultural use--to the exemption from 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.
Page 233 of 438
Project Name: LDC Text Amendment
Solar Generation Stations
File No.: TLDC - 2212-000019
4
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(1),
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.
Page 234 of 438
Project Name: LDC Text Amendment
Solar Generation Stations
File No.: TLDC - 2212-000019
5
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.
Page 235 of 438
Project Name: LDC Text Amendment
Solar Generation Stations
File No.: TLDC - 2212-000019
6
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.
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Ordinance 23-05
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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,
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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 agricultural 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, and converts it to electrical energy, or 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
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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.
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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:
l. 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.
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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.
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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 l 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 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 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:
1. 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 of ten ( 10) feet above
the base floor elevation of the primary structure.
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4. Solar energy systems shall not be located in front or side corner yards of any parcel,
unless the following are met:
1 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
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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.
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CHAPTER VII
DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
7.04.00. - AREA, YARD, HEIGHT, AND OPEN SPACE REQUIREMENTS
7.04.01. - Requirements.
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TABLE 7-10
LOT SIZE AND DIMENSIONAL REQUIREMENTS
Minimum YardMaximum
Gross Density
(Du/Ac)(a)
Minimum
Lot Area
Minimum
Lot Width
Minimum
Road
Frontage Front Rear Side Side @
corner
Max. Hht.
Bldg Hgt
Max. Lot
Coverage by
Buildings
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(l)15(l)10(l)20(l)35 20%
RS-2 RESIDENTIAL, SINGLE-FAMILY - 2 2 15,000 100 30 25(l)15(g)(l)10(l)20(l)35 20%
RS-3 RESIDENTIAL, SINGLE-FAMILY - 3 3 10,000 75 30 25(l)15(g)(l)10(l)20(l)35 30%
RS-4 RESIDENTIAL, SINGLE-FAMILY - 4 4 10,000 75 30 25(l)15(g)(l)7.5(l)20(l)35 30%
RMH-5 RESIDENTIAL, MOBILE HOME - 5 5 10,000 75 30 25(l)15(l)10(l)20(l)35 35%
RESIDENTIAL, MULTIPLE FAMILY - 5 5
MULTIPLE FAMILY 10,000 100 60 25(b)(l)15(b)(l)10(b)(l)20(b)(l)35(b,i)40%
SINGLE-FAMILY DEVELOPMENT LOT 10,000 75 30 25(l)15(g)(l)7.5(l)20(l)35 30%
RM-5
SINGLE-FAMILY DEVELOPMENT LOT 8,000(f)75 30 25(l)15(g)(l)7.5(l)20(l)35 30%
RESIDENTIAL, MULTIPLE FAMILY - 7 7
MULTIPLE FAMILY 10,000 100 60 25(b)(l)15(b)(l)10(b)(l)20(b)(l)35(b,i)40%
SINGLE-FAMILY DEVELOPMENT LOT 10,000 75 30 25(l)15(g)(l)7.5(l)20(l)35 30%
RM-7
SINGLE-FAMILY DEVELOPMENT LOT 8,000(f)75 30 25(l)15(g)(l)7.5(l)20(l)35 30%
RESIDENTIAL, MULTIPLE FAMILY - 9 9
MULTIPLE FAMILY 10,000 100 60 25(b)(l)15(b)(l)10(b)(l)20(b)(l)35(b,i)40%
SINGLE-FAMILY DEVELOPMENT LOT 10,000 75 30 25(l)15(g)(l)7.5(l)20(l)35 30%
RM-9
SINGLE-FAMILY DEVELOPMENT LOT 8,000(f)75 30 25(l)15(g)(l)7.5(l)20(l)35 30%
RESIDENTIAL, MULTIPLE FAMILY - 11 11
MULTIPLE FAMILY 10,000 100 60 25(b)(l)15(b)(l)10(b)(l)20(b)(l)35(b,i)40%
SINGLE-FAMILY DEVELOPMENT LOT 10,000 75 30 25(l)15(g)(l)7.5(l)20(l)35 30%
RM-11
SINGLE-FAMILY DEVELOPMENT LOT 8,000(f)75 30 25(l)15(g)(l)7.5(l)20(l)35 30%
RM-15 RESIDENTIAL, MULTIPLE FAMILY - 15 15
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TABLE 7-10
LOT SIZE AND DIMENSIONAL REQUIREMENTS
Minimum YardMaximum
Gross Density
(Du/Ac)(a)
Minimum
Lot Area
Minimum
Lot Width
Minimum
Road
Frontage Front Rear Side Side @
corner
Max. Hht.
Bldg Hgt
Max. Lot
Coverage by
Buildings
MULTIPLE FAMILY 10,000 100 60 25(b)(l)15(b)(l)10(b)(l)20(b)(l)35(b,i)40%
SINGLE-FAMILY DEVELOPMENT LOT 10,000 75 30 25(l)15(g)(l)7.5(l)20(l)35 30%
SINGLE-FAMILY DEVELOPMENT LOT 8,000(f)75 30 25(l)15(g)(l)7.5(l)20(l)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%
CG 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 60 (n)50 30 20 30 80(i)20% (j)
AG-2.5 AGRICULTURAL - 2.5 0.4 108,900 150 60 (n)50 30 20 30 80(i)15% (j)
AG-5 AGRICULTURAL - 5 0.2 217,800 150 60 (n)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)
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TABLE 7-10
LOT SIZE AND DIMENSIONAL REQUIREMENTS
Minimum YardMaximum
Gross Density
(Du/Ac)(a)
Minimum
Lot Area
Minimum
Lot Width
Minimum
Road
Frontage Front Rear Side Side @
corner
Max. Hht.
Bldg Hgt
Max. Lot
Coverage by
Buildings
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
identified in Section 7.04.03.
(j)For aquaculture production activities, the maximum percentage of lot coverage by building is
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 for the Cpub zoning district, however the 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
Island. For hotel/motel development density on North and South Hutchinson Island refer to
Policy 1.1.10.2 of the St. Lucie County Comprehensive Plan.
(l)For accessible handicap ramps the required yard setback may be reduced to fifty percent (50%)
of the minimum setback requirement. The accessible handicap ramp permitted under this
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.(n)For Solar Generation Stations, see Section 7.10.28 A.1.(b)7.
(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).
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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,
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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.
Page 248 of 438
Ordinance 23-05
Page 13 of 13
underline is for addition
strike though is for deletion
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.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
_________________________ BY: _____________________________
Deputy Clerk Chair
APPROVED AS TO FORM AND
CORRECTNESS:
BY: _____________________________
County Attorney
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,
3rd 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 at the Planning and Development
Services Dept.–Planning Division located at 2300 Virginia Ave., Fort Pierce, FL during
regular business hours. Please call (772) 462-1562 or TDD (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/CATHY TOWNSEND, CHAIR
PUBLICATION DATE: March 10, 2023 TR-GCI1027857-01
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9.B.1.
RES-2023-29
PUBLIC HEARINGS - PUBLIC
WORKS
AGENDA REQUEST DATE: 3/21/2023
*RESOLUTION ITEM - NON AD-
VALOREM ASSESSMENT
QUASI-JUDICIAL ITEM? NO
TO: Board of County Commissioners
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:
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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
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
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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.
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"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
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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
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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.
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(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.
(O) 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.
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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
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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
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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 21st day of March 2023.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
Deputy Clerk Chair
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
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A-1
APPENDIX A
PROOF OF PUBLICATION
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B-1
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.
Printed/Typed Name:
(SEAL) Notary Public-State of
Commission Expires:
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C-1
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
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10.A.1.
2023-58707
REGULAR AGENDA - COUNTY
ADMINISTRATION
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - BOARD
APPOINTMENT
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: George Landry, County Administrator
SUBMITTED BY: County Administration
SUBJECT: Appointment to the Planning & Zoning Commission - At-Large Member Vacancy
BACKGROUND:
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
Date: March 14, 2023
Daniel McIntyre, County Attorney
Date: March 14, 2023
George Landry, County Administrator
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Please complete the following information:
2. Home Phone:Cell Phone:
Work Phone:E-mail:
7.Do you currently serve on any city or county committee(s)? If so, please list:
9. Why do you wish to serve on the committee(s) indicated?
2.Must not be related to a county commissioner or county employee involved with the
3.
committee of interest or the supporting department.
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.
1. Name:
St. Lucie County
Board of County Commissioners
Application for Serving on County Boards and Committees
8. Other current volunteer activities:
6.Brief summary of education & work experience: (Please attach resumé if available)
3. Home Address:
4. Current Employer/Occupation:
5.Business Address:
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.
10.
11.Are you currently a St. Lucie County resident? Yes No If yes, for how long?
Are you currently a registered voter in St. Lucie County? Yes No
If yes, have you been registered for at least two years preceding this application? Yes Yes No No
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DATE
true.
Staff Use:
Received Confirmed Receipt
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
Adjudication withheld or prosecution deferred?Yes No
Please identify the committee/board(s) of your choice:
If yes to any of above, please provide the following information:
OFFENSE PLACE (CITY, STATE)
A conviction does not necessarily disqualify you from consideration. Factors such as age at time of
violation, nature of violation, etc., will be considered.
SENTENCE AND/OR FINE
Under penalty of perjury, I declare that I have read the foregoing and the facts as I have stated are
Signature _________________________Date ____________________
Except for noncriminial traffic infractions, have you ever been convicted of, or pled guilty or
"no contest" to, a crime, whether or not adjudication was withheld? Yes No
Are you currently charged with a crime, other than noncriminal traffic infractions? Yes No
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)
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
13.
14.
12.Are you part of a protected class that requires that your personal information be redacted
from public view? Yes No
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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: G i' Fl VV c.._9 g" W A l (
2. Home Phone: Cell Phone: 5 C) ~ 3 8 6 ·-:J ,-~ .:Jj
Work Phone: . \~O :1~3 '? b -7 aS6 E-mail: 6 (A fl.JCf1 g wA 11e. <YA boo_, e...e>M
3. Home Address:;], SQ Oc..&01-r'D egA~ DP1\Jf ~ett--Se. 6~A-C..\L ~'-\ ~
4. Current Employer/Qccu ation: .{ ~ fr.,...__ ( f)('F (l() i{c -{ '{ 5-.~ f/f/7E'A. rt&~
~ 1 e; /Vl<'t L.
11. Are you currently a St. Lucie County resident? [:Z1Yes D No If yes, for how long? ~ g:-y.J T
~ Or;)..0
Page 300 of 438
12. Are you part of a protected class that requires that your personal information be redacted
from public view? D Yes JZf No
13. Except for noncriminial traffic infractions, have you ever been convicted of, or pied ~ty or
"no contest" to, a crime, whether or not adjudication was withheld? D Yes 0 No
14. Are you currently charged with a crime, other than noncriminal.~~· infractions? D Yes ~o
Adjudication withheld or prosecution deferred? D YescE:J No
If yes to any of above, please provide the following information:
OFFENSE ~ DATE P~E (CITY, STATE) SENTENCE AND/OR FINE
/ .//" /' ~
/ / / -----/7 <
A conviction does not necessarily disqualify you from consideration. Factors such as age at time of
violation, nature of violation, etc., will be considered.
. "
f perjury, I declare that I have read the foregoing and the facts as I have stated are
true.
D Affordable Housing Advisory Committee
0 Art In Public Places
D Board of Adjustments (quasi-judicial)
0 Children Services Council (separate application)
O Citizen's Budget Committee
D Code Enforcement Board (quasi-judicial)
~Community Development Block Grant
~Comprehensive Economic Development Strategy
_..ta' Contractors Examining Board
D Early Learning Coalition SLC
D Emergency Medical Services Advisory Council
J2f Historical Commission
0 Housing Finance Authority
zf Infrastructure Surtax Oversight Committee
D Internal Audit Advisory Committee (Clerk of Court)
D Investment Committee
.l1' Land Acquisition Selection Committee ~ ~
D Library Advisory Board
~Planning & Zoning Commission (quasi-judicial)
D Port of Ft. Pierce Advisory Committee
D Public Art & Design Committee
D Sustainability Advisory Committee
D Tourist Development Council
0 Treasure Coast Education & Research Dev. Authority
0 Treasure Coast Health Council, Inc.
D 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 toj/ rjz.1 -eJ Confirmed Receipt
Renewed via phone
2/3/23 - sw
X added via phone 2/3/23
Page 301 of 438
October 14, 2021
Tammy Suren
Advantage Property Management
1111 S. Federal Hwy, ste100
Stuart, FL 34994
St. Lucie County BOCC
2300 Virginia Avenue
Fort Pierce, FL 34982
\-To whom it may concern,
I
I I have known Bianca Wall since December 2020. She is a resident and
I 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, _n
/OA1L/1LL{U~
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 years.J:ler __ knowlec;lge _____ _
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, I 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.
RES-2023-37
REGULAR AGENDA - COUNTY
ATTORNEY
AGENDA REQUEST DATE: 3/21/2023
*RESOLUTION ITEM - BOARD
APPROVAL
QUASI-JUDICIAL ITEM? NO
TO: Board of County Commissioners
PRESENTED BY: Daniel McIntyre, County Attorney
SUBMITTED BY: County Attorney
SUBJECT: Interlocal Service Boundary Agreement - Proposed Response to City of Fort Pierce
Resolution No. 23-R14
BACKGROUND:
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 PartI of Chapter 171, Florida Statutes. As is
specifically provided in section 171.201, Florida Statutes: The Legislature intends to provide an alternative to
part I 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 II 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
FINANCIAL IMPACT:
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
Page 308 of 438
Page 309 of 438
Page 310 of 438
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-R14 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 "lnterlocal 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
Total lots = 501 (257 developed & 244 vacant)
Total Unincorporated lots = 235 (32 developed & 203 vacant)*
*subset of total lots
Paradise Park & Fiesta Hill
Page 314 of 438
10.D.1.
RES-2023-36
REGULAR AGENDA -
ENVIRONMENTAL RESOURCES
AGENDA REQUEST DATE: 3/21/2023
*RESOLUTION ITEM - WAIVER
QUASI-JUDICIAL ITEM? YES
TO:Board of County Commissioners
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 - THIS
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 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 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
Environmental Resources Department 772.462. 2526
Meeting Date:
Tuesday
March 21, 2023
Property 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)
Project Manager
Brian Arbeiter
Senior Environmental Planner
772-462-2526
ArbeiterB@stlucieco.org
Brock Mason Residence
Category I Wetland Waiver
Project 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.
BOARD OF COUNTY COMMISSIONERS
Brock Mason Residence
WV-2207-000019 Aerial
Page 317 of 438
Resolution No. xxxx-xxx
March 21, 2023 Page 1
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:
1. 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
Page 318 of 438
Resolution No. xxxx-xxx
March 21, 2023 Page 2
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.
Page 319 of 438
Resolution No. xxxx-xxx
March 21, 2023 Page 3
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
Page 320 of 438
Resolution No. xxxx-xxx
March 21, 2023 Page 4
Jamie Fowler, Commissioner XXX
Larry Leet, Commissioner XXX
PASSED AND DULY ADOPTED this 21st day of March 2023.
BOARD OF COUNTY
COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chair
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
____________________ _____________________
DEPUTY CLERK COUNTY ATTORNEY
Page 321 of 438
Resolution No. xxxx-xxx
March 21, 2023 Page 5
Exhibit A
General Location Map
Page 322 of 438
Resolution No. xxxx-xxx
March 21, 2023 Page 6
Exhibit B
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 31st, 2023
SUBJECT:Mason Category I Wetland Waiver
WV-2207-000019
Background
The Environmental Resources Department (ERD) is in receipt of the January 31st, 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 A1A (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 28th, 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
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.
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.
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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.
Page 326 of 438
Page 1 of 4
ST. LUCIE COUNTY
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.
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).
FEE CALCULATION WORKSHEET
□ERD REVIEW FEE:$ 200 *
*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:
Page 327 of 438
Page 2 of 4
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 BoundaryTopo.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
Project Information
Applicant/Project Name:
Site address:
Parcel ID Number(s):
Property Size – Acres: Square Footage:
Future Land Use Designation: Zoning District:
Brock Mason Residence
(Unassigned) adjacent to 4215 N. A1A, Ft. Pierce, FL 34949
1423-120-0020-000-7
0.18 8,000
1.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.
RM RS-4
Page 328 of 438
Page 3 of 4
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.
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.
5.State reasons why this waiver conforms to the intent of the Land Development Code and
Comprehensive Plan wetland protection regulations.
6.State why this waiver is the minimum that will make possible a reasonable use of the land,
building and structures.
7.Is this variance request located within a Homeowners or Property Owners Association?
•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.
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.
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.
NO
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.
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.
Page 329 of 438
Page 330 of 438
25'
Page 331 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
Ron DeSantis Governor
Jeanette Nuñez
Lt. Governor
Shawn Hamilton
Secretary
Project Name: Brock Mason
Permittee/Authorized Entity:
Brock Mason
I9 Morris Avenue
Morristown, NJ 07960
Email: Mason4044@yahoo.com
Authorized Agent:
Brent Montgomery Environmental Consultant
c/o Brent Montgomery, Principal
Email: Montgomerybrent2@gmail.com
Environmental Resource Permit - Granted
State-owned Submerged Lands Authorization – Not Applicable
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
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 2 of 10
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
A1A, 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:
https://www.saj.usace.army.mil/Missions/Regulatory/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.
Page 333 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 3 of 10
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).
Page 334 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 4 of 10
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.
Page 335 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 5 of 10
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 FWCConservationPlanningServices@MyFWC.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.
Page 336 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 6 of 10
(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.
Page 337 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 7 of 10
(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.
Page 338 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 8 of 10
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
Page 339 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 9 of 10
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 party 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.
Page 340 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 10 of 10
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
__________________________________
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, Montgomerybrent2@gmail.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.
___________ __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
http://www.fleppc.org/list/2015FLEPPCLIST-LARGEFORMAT-FINAL.pdf
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://floridadep.gov/water/submerged-lands-environmental-resources-
coordination/content/forms-environmental-resource
Page 341 of 438
Proposed Mason Residen ce at Ft. Pierce LOCATION MAP - REGIONAL,
with LOCAL DETAIL INSET
Brent Montgomery Environmental Consultant st 141 21 Aven ue Vero Beach, FL 32962 (772)696-1904m ontgomerybr ent2@gm ail. com Page 342 of 438
Brent Montgomery
Environmental Consultant
141 21st Avenue
Vero Beach, FL 32962
(772) 696-1904
montgomerybrent2@gmail.com
Brock Mason Proposed Residence
Site Wetland Plus Off-site Context
Page 343 of 438
Page 344 of 438
Page 345 of 438
Page 346 of 438
July 28, 2022
Regulatory Division
North Branch
Cocoa Section
SAJ-2022-00999(NW-JDP)
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:
https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/. Please be aware
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, JACKSONVILLE DISTRICT
701 SAN MARCO BOULEVARD
JACKSONVILLE, FLORIDA 32207-8175
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
-3-
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@usace.army.mil (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
-4-
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
-5-
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
-6-
(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.mil/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@usace.army.mil (not to exceed 15 MB).
___________________________________ ___________________________
(TRANSFEREE-SIGNATURE) (SUBDIVISION)
___________________________________ _________ ____________
(DATE) (LOT) (BLOCK)
__________________________
___________________________________ (STREET ADDRESS)
(NAME-PRINTED)
___________________________________
___________________________________
(MAILING ADDRESS)
___________________________________
(CITY, STATE, ZIP CODE)
Page 354 of 438
Dated 9/18/2019
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
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 saj-rd-enforcement@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@usace.army.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 Name (Please type)
________________________________ _______________________________________
(FL, PR, or VI) Reg. Number Company Name
________________________________ _____________________ ____________
City State ZIP
Page 356 of 438
-2-
Dated 9/18/2019
(Affix Seal)
___________________________________ _______________________________________
Date Telephone Number
Date Work Started:____________________ Date Work Completed:______________________
Identify any deviations from the approved permit drawings and/or special conditions (attach
additional pages if necessary):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Page 357 of 438
ATTACHMENT
Project Maps and Site Plans
Page 358 of 438
Proposed Mason Residen ce at Ft. Pierce LOCATION MAP - REGIONAL,
with LOCAL DETAIL INSET
Brent Montgomery Environmental Consultant st 141 21 Aven ue Vero Beach, FL 32962 (772)696-1904m ontgomerybr ent2@gm ail. com Page 359 of 438
Brent Montgomery
Environmental Consultant
141 21st Avenue
Vero Beach, FL 32962
(772) 696-1904
montgomerybrent2@gmail.com
Brock Mason Proposed Residence
Site Wetland Plus Off-site Context
Page 360 of 438
Page 361 of 438
Page 362 of 438
Page 363 of 438
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 (Sabal 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
1
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: jaxregs@fws.gov; South Florida Field Office:
verobeach@fws.gov; Panama City Field Office: panamacity@fws.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
2
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 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
3
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 SITE!!!
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.
Photo: Dirk Stevenson
August 12, 2013
Page 369 of 438
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
Ron DeSantis Governor
Jeanette Nuñez
Lt. Governor
Shawn Hamilton
Secretary
Project Name: Brock Mason
Permittee/Authorized Entity:
Brock Mason
I9 Morris Avenue
Morristown, NJ 07960
Email: Mason4044@yahoo.com
Authorized Agent:
Brent Montgomery Environmental Consultant
c/o Brent Montgomery, Principal
Email: Montgomerybrent2@gmail.com
Environmental Resource Permit - Granted
State-owned Submerged Lands Authorization – Not Applicable
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
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 2 of 10
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
A1A, 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:
https://www.saj.usace.army.mil/Missions/Regulatory/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.
Page 372 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 3 of 10
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).
Page 373 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 4 of 10
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.
Page 374 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 5 of 10
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 FWCConservationPlanningServices@MyFWC.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.
Page 375 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 6 of 10
(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.
Page 376 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 7 of 10
(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.
Page 377 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 8 of 10
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
Page 378 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 9 of 10
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 party 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.
Page 379 of 438
Project Name: Brock Mason
Permit No.: 56-0418906-001-EI
Page 10 of 10
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
__________________________________
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, Montgomerybrent2@gmail.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.
___________ __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
http://www.fleppc.org/list/2015FLEPPCLIST-LARGEFORMAT-FINAL.pdf
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://floridadep.gov/water/submerged-lands-environmental-resources-
coordination/content/forms-environmental-resource
Page 380 of 438
DocuSign Envelope ID: 913D49EB-A669-4AF7-8170-3E9B46727E11
Page 381 of 438
Thomas W
Gritton
Digitally signed by Thomas W Gritton
Date: 2022.12.21 17:39:41 -05'00'
DocuSign Envelope ID: 913D49EB-A669-4AF7-8170-3E9B46727E11
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 21st 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[NW-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, a bove, 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 SECTION IS SUPPLIED DUE TO SITE’S HUTCHINSON ISLAND
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 ¾”, 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
Brent Montgomery
Environmental Consultant
141 21st Avenue
Vero Beach, FL 32962
(772) 696-1904
montgomerybrent2@gmail.com
Brock Mason Proposed Residence
Site Wetland & Connections
Page 390 of 438
Brent Montgomery
Environmental Consultant
141 21st Avenue
Vero Beach, FL 32962
(772) 696-1904
montgomerybrent2@gmail.com
Downey Tract for Brock Mason
No Name Road, Hutchinson Island
1958 Aerial Photograph
Page 391 of 438
Page 392 of 438
Page 393 of 438
Page 394 of 438
Page 395 of 438
Brent Montgomery
Environmental Consultant
141 21st Avenue
Vero Beach, FL 32962
(772) 696-1904
montgomerybrent2@gmail.com
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.
Proposed Mason Residence at Ft. Pierce
Clearing and Erosion Control Plan
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.
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 (Borrichia 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 (Sabal 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 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 3' X 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.
9
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
Brent Montgomery
Environmental Consultant
141 21st Avenue
Vero Beach, FL 32962
(772) 696-1904
montgomerybrent2@gmail.com
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.
Proposed Mason Residence at Ft. Pierce
Clearing and Erosion Control Plan
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.
Page 401 of 438
Page 402 of 438
' I
Preserve Area - Not to be altered without permission
17479-72181 VOSS SIGNS, UC. MANLIUS, NY 13104-0553 1-800-473-0698 www.vo1S$1gns.com
Page 403 of 438
Brent Montgomery
Environmental Consultant
141 21st Avenue
Vero Beach, FL 32962
(772) 696-1904
montgomerybrent2@gmail.com
Proposed Brock Mason Residence
Preserve Exclusion Fence Samples
(NOT TO SCALE)
Page 404 of 438
10.D.1.
2023-58712
REGULAR AGENDA - PLANNING &
DEVELOPMENT SERVICES
AGENDA REQUEST DATE: 3/21/2023
*DISCUSSION ITEM
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: Benjamin Balcer, Planning & Development Services Director
SUBMITTED BY: Planning & Development Services
SUBJECT: Administrative Approval Update from the PDS Director
BACKGROUND:
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
Date: March 06, 2023
Mayte Santamaria, Deputy County Administrator
Page 405 of 438
Page 406 of 438
10.E.1.
2023-58678
REGULAR AGENDA - PUBLIC
SAFETY
AGENDA REQUEST DATE: 3/21/2023
*ACTION ITEM - BOARD
APPROVAL
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: Karen Kozac, Public Safety Assistant Director
Oscar Hance
SUBMITTED BY: Public Safety
SUBJECT: Adoption of the National Flood Insurance Program's Community Rating System
Program for Public Information (PPI) Plan
BACKGROUND:
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
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
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/Signatures
Date: March 03, 2023
Rangel Guerrero, Public Safety Director
Date: March 04, 2023
Daniel McIntyre, County Attorney
Date: March 07, 2023
George Landry, County Administrator
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UNIFIED PROGRAM FOR
PUBLIC INFORMATION (PPI)
Unincorporated St. Lucie County, the City of Fort
Pierce, the City of Port St. Lucie
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RECORD OF REVISIONS
Date Revision
May 2021 Document Created
August 2022 Annual Evaluation yielded an updated version
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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
Fort Pierce ................................................................................................................................................. 9
Port St. Lucie ........................................................................................................................................... 12
VII. Repetitive Loss Properties .......................................................................................................... 16
Fort Pierce ............................................................................................................................................... 16
Port St. Lucie ........................................................................................................................................... 16
St. Lucie County ....................................................................................................................................... 16
VIII. Target Audiences/Areas .............................................................................................................. 16
Fort Pierce: ............................................................................................................................................. 16
Port St. 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
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I. 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
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Figure 2 - Homes Located in the Special Flood Hazard Area (SFHA)
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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
Melissa Yunas* Creative
Team Leader/PIO
City of Port St. Lucie City of Port St. Lucie
Alicia Forbis*
SMU Assistant/GIS
Specialist
City of Fort Pierce City of Fort Pierce
Kristie Kirstein*, CFM
CRS Coordinator, PPI Chair
City of Fort Pierce City of Fort Pierce
Karen Kozac*, MS, RN, PM
Emergency Management
Safety Planner
St. Lucie County St. Lucie County
Joe Sweat*
Marketing Specialist, PPI
Information Officer
City of Fort Pierce City of Fort Pierce
Gustavo Vilchez*, MBA
Emergency Operations
Manager
St. Lucie County St. Lucie County
Shane Ratliff*, FPEM,
Emergency Management
Specialist II/CRS
Coordinator
City of Port St. Lucie City of Port St. Lucie
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
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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.
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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
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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
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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.
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Table 1- City of Fort Pierce Flood Insurance Overview
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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.
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Table 2- City of Port St. Lucie Flood Insurance Overview (Based on information provided by the Insurance
Services Office on 11/4/20)
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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.
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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
Force
Number of
Closed
Paid Losses
$ of Closed Paid
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 2/2/2022).
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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.
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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.
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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
Fort Pierce
Engineering
Dept
Handouts and brochures
Stormwater Pollutions (6 different
handouts)
Protecting our Indian River Lagoon (2
different handouts)
No illegal dumping
Year-round
A booth at Earth Day at the
Oxbow -Handouts and
brochures
Stormwater Pollutions (4 different
handouts)
Protecting our Indian River Lagoon (2
different handouts)
No illegal dumping
Once a year
Marked Storm Drains No illegal dumping Year-round
Fort Pierce
Building Dept
Handout and brochures Various flood related topics Year-round
Facebook messages Various flood related topics Weekly thru hurricane
season
Bill inserts (FPUA
customers)
Various flood related topics Once a year
Brochure mailed to SFHA
and RLA
Various flood related topics 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
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Yellow Pages Information in the phone
book
Various flood related topics Once a year
Fort Pierce
Utilities
Website Information Various flood related topics Year-round
Bill inserts (FPUA
customers)
Hurricane Preparedness Once a year
Door Hangers Damage to utilities (after a storm) FRP only after a storm
FPL
Brochures Storm Preparedness
Website Information Storm Preparedness
Protect natural floodplain functions Year-round
Mass customer emails Stay prepared - peak of hurricane season during hurricane
season
Center for
Disease Control Website Information
Flood safety tips
Storm Preparedness
Generator safety
Turn around don't drown
Returning home after a flood
Year-round
Environmental
Protection
Agency
Website Information
Flood safety
Year-round
Red Cross Website Information Flood safety - Before/during/after
Storm Preparedness Year-round
Radio Station
103.7 Radio Commercial Flood Insurance (NFIP) throughout hurricane
season
Hulu 90 second commercial Flood Insurance (NFIP) throughout hurricane
season
Port St. Lucie -
Public Works
Website Information Floodplain Information webpage Year-round
Website Information Flood Zone Map Year-round
Brochures Flood Facts Year-round (available
in lobby and website)
Verification of Flood Zone Verify if a property is located in a flood zone When requested
Port St. Lucie -
Building Dept. Website Information National Flood Insurance Program Year-round
SLC - Public
Safety
Public Outreach - HOA
Community Presentations
Disaster preparedness Twice Monthly - year-
round (24 per annum)
Public Outreach - Hurricane
Fair/Public Safety Fair
Disaster preparedness Two events annually
Website Information Disaster preparedness Year-round
SLC -
Communications
website, social media,
press releases, video PSA
Disaster preparedness & various flood-
related topics Year-round
SLC -
Extension/Ag
Handouts and brochures,
website information
Filing an Insurance Claim
National Flood Insurance Program (NFIP)
Information
Disaster Preparedness
Flood Insurance
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Damage Mitigation Construction
Alternatives
SLC - EOC Text-push Pending Storm FPR - as needed
Florida Heath
Department Facebook messages Various flood related topics throughout hurricane
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.
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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.
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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.
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St. Lucie County Unified Program for Public Information
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PPI Outreach Projects
OP
#
Audience Project Topic/Message
#’s
Assigned
Jurisdiction
Frequency STK
Y/N
Stakeholder
Name
1 Whole
Community
Social Media
Posts
All T/M All Jurisdictions Throughout
Year
N Facebook
Next Door
Twitter
Instagram
2 Whole
Community
“When Waves
Swell” video
(social media,
website,
Government
TV)
T3
T4
All Jurisdictions Throughout
Year
Y FEMA
Facebook
Twitter
Next Door
Instagram
Govt TV
3 Whole
Community
“When Clouds
Form” video
(social media,
website,
Government
TV)
T1
T2
T3
T4
All Jurisdictions Throughout
Year
Y FEMA
Facebook
Twitter
Next Door
Instagram
Govt TV
4 Whole
Community
Target
Audience #1
Utility Bill
Mailer to all
addresses in
the SFHA
T2/M1
T3/M1
T3/M2
T4/M2
T6/M2
T10/M1
All T/M (PSL
and SLC)
Fort Pierce
Port St Lucie
St Lucie County
Once per
Year
Once per
year
Y
N
Utility
Company
No STK
5 Target
Audience #2
Target
Audience #2
Mailer
Mailer
T1/M2
T2/M3
T5/M1
T8/M1
All T/M (PSL
and SLC)
Fort Pierce
Port St Lucie
St Lucie County
Once per
Year
Once per
Year
N
N
N/A
N/A
6 Target
Audience #3
Mailer All T/M
FEMA F-435
Port St Lucie
St Lucie County
Once per
Year
Y Lenders
Realtors
Insurers
7 Whole
Community
Hurricane
Expo Booth/
Handouts
All T/M Port St Lucie
St Lucie County
Once per
Year
Y Multiple
Business
Sponsors
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St. Lucie County Unified Program for Public Information
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OP
#
Audience Project Topic/Message
#’s
Assigned
to/Jurisdiction
Frequency STK
Y/N
Stakeholder
Name
8 Whole
Community
Earth Day
Handouts
T2/M1
T3/M1
T3/M2
T4/M2
T6/M2
T10/M1
Fort Pierce
St Lucie County
Once per
Year
Y Several Local
Sponsors
9 Whole
Community
Booth/Public
Safety Fair
T2/M1
T3/M1
T3/M2
T4/M2
T6/M2
T10/M1
Fort Pierce
St Lucie County
Once per
Year
N N/A
10 Whole
Community
and all
Target
Audiences
City Flood
Webpage
All T/M Port St Lucie Throughout
the Year
N N/A
11 Whole
Community
Article in CM’s
Biweekly
Magazine
All T/M Port St Lucie Throughout
the Year
N N/A
12 Whole
Community
Flood Facts
Brochure in 4
Public Areas
All T/M Port St Lucie Throughout
the Year
N N/A
13 Whole
Community
Elected
Official to
speak at
Hurricane
Expo
Activity 370 Port St Lucie Once per
Year
Y Several
Business
Sponsors
14 Whole
Community
County Flood
Webpage
All T/M St Lucie County Throughout
the Year
N N/A
15 Builders Presentation
at TCBA
T5/M1
T4/M1
T6/M2
Fort Pierce Once per
Year
Y TCBA
16 SFHA ICC Flood
Insurance
Handout
Activity 370 Fort Pierce Throughout
the Year
Y FEMA
17 Whole
Community
Booth at
County Fair
T2/M1
T3/M1
T3/M2
T4/M2
T6/M2
Fort Pierce Once per
Year
Y St Lucie
County Fair
Association
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St. Lucie County Unified Program for Public Information
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T10/M1
OP
#
Audience Project Topic/Message
#’s
Assigned
to/Jurisdiction
Frequency STK
Y/N
Stakeholder
Name
18 Whole
Community
Booth at TC
Home Expo
T2/M1
T3/M1
T3/M2
T4/M2
T6/M2
T10/M1
Fort Pierce Once per
Year
N N/A
19 Business
Community
Handouts at
Chamber of
Commerce
Activity 370 Fort Pierce Throughout
the Year
Y FEMA
Chamber of
Commerce
20 Whole
Community
City Webpage T1
T2
T3
T4
T5
T6
T7
T10
Fort Pierce Throughout
the Year
N N/A
21 Whole
Community
Handout at
lenders/banks
Activity 370 Fort Pierce Throughout
the Year
Y Banks
22 Whole
Community
Handout
(difference
between
homeowner &
flood
insurance)
Activity 370 or
Topic 2
Fort Pierce Throughout
the Year
N N/A
23 Business
Community
Business Expo Fort Pierce Throughout
the Year
N N/A
24 Whole
Community
Friday Fest
Handouts/Boo
th
T2/M1
T3/M1
T3/M2
T4/M2
T6/M2
T10/M1
Fort Pierce 1st Friday of
the Month
Y Fort Pierce
Mainstreet
25 Whole
Community
Video from
the Ft. Pierce
Mayor (Social
Media/FPTV)
Activity 370 Fort Pierce Hurricane
Season
Y Facebook
Next Door
26 .2% Flood
Zone
Properties
Mailer Activity 370 Fort Pierce Once per
Year
N N/A
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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.
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St. Lucie County Unified Program for Public Information
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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.
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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.org/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.
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St. Lucie County Unified Program for Public Information
29
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
Distribution
Topics/Message
#’s
Assigned
Jurisdiction
When to
Disseminate
Individual
Methods
Available
1 Whole
Community
Social
Media
T3/M1-2
T4/M1-3
T7/M1-2
All
Jurisdictions
At the
Threat of a
Flood or
Storm
Facebook
Next Door
Twitter
Instagram
2 Whole
Community
Social
Media
Handouts
T5/M1-2 All
Jurisdictions
After a
Flood or
Storm
Facebook
Next Door
Twitter
Instagram
3 Whole
Community
Social
Media
Handouts
T9/M1 All
Jurisdictions
After a
Flood or
Storm
Facebook
Next Door
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.
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30
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
Page 438 of 438