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Agenda Packet 11.16.2021
91�0 LUC�L� __ - - L11(1 a (D �acQoora� BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, November 16, 2021 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. 1, Chair CHRIS DZADOVSKY District No. 2, Vice -Chair SEAN MITCHELL District No. 3 LINDA BARTZ District No. 4 FRANNIE HUTCHINSON District No. 5 CATHY TOWNSEND Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 427 Regular Meeting Tuesday, November 16, 2021 9:00 AM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES — Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chair will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three minutes. Comments may pertain to any matter related to the Board's duties as the County's governing body. Comments in support or opposition to candidates for public office are not pertinent to the Board's duties. This includes any speaker identifying himself or herself as a candidate for public office. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least 48 hours prior to the meeting. 21Page Page 2 of 427 Regular Meeting Tuesday, November 16, 2021 9:00 AM 1. CALL TO ORDER 2. INVOCATION (completed during Reorganization portion) 3. PLEDGE OF ALLEGIANCE (completed during Reorganization portion) 4. PUBLIC COMMENT (excluding Public Hearing Items) 5. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the BOCC Regular Meeting of October 19, 2021. B. Board of County Commissioners minutes for the BOCC Tri-County Meeting of October 26, 2021. 6. PROCLAMATIONS APPROVAL A. Resolution No. 21-403 - Congratulating the Florida Atlantic University Harbor Branch Oceanographic Institute on 50 years of World -Class Research Fueled by the Spirit of Ocean Exploration B. Resolution No. 21-408 - Recognizing The Efforts of the Port St. Lucie Business Women and Proclaiming November 19, 2021, as "Women's Entrepreneurship Day" 7. PRESENTATIONS A. Clerk and Comptroller Fiscal Year 2021 Excess Fee Presentation - Michelle Miller, St. Lucie County Clerk of the Circuit Court B. Veterans Day Report - Diana Wesloski, Community Services Director, St. Lucie County 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 57 and 4-5 31Page Page 3 of 427 Regular Meeting Tuesday, November 16, 2021 9:00 AM B. ADMINISTRATION 1. Treasure Coast 2022 TriCounty Legislative Priorities Staff recommends the Board to approve the priorities as set from the TriCounty Commission meeting and instruct staff to distribute them to our State and Federal Legislative Delegation. 2. Thank You Letter to Governor Ron DeSantis for the Indian River Lagoon Wastewater Funding Staff recommends the Board authorize the Chair to sign the letter and instruct staff to work with Martin and Indian River Counties to distribute this letter to our State Delegation. 3. Grant and Grant Resolution Acceptance - Florida Humanities Council American Rescue Plan Grant - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN - ITEM PLACEMENT MODIFIED Staff recommends the Board approve acceptance of the Florida Humanities American Rescue Plan Grant; and authorize the Chair to sign documents as approved by the County Attorney. The $25,000.00 Florida Humanities ARP Grant was awarded to the Environmental Education and Community Outreach Division and will provide short term general operating funds to support immediate organizational needs aligned with delivery of public humanities programming and resources within St. Lucie County communities. There is no match requirement for this funding. C. AIR & SEA PORT Treasure Coast International Airport - Consent to Sublease Hangar Agreement between Fort Pierce FBO LLC., and The Department of Highway Safety and Motor Vehicles (Florida Highway Patrol) Staff recommends the Board consent to the Sublease Hangar Agreement between Fort Pierce FBO, LLC and the Department of Highway Safety and Motor Vehicles, and requests the Chair to accept and authorize the consent. D. COUNTY ATTORNEY Grant Match Agreement - Fort Pierce FBO, LLC - Repair of Aircraft Parking and Maneuvering Ramp 41Page Page 4 of 427 Regular Meeting Tuesday, November 16, 2021 9:00 AM Staff recommends Board approval of the Grant Match Agreement with Fort Pierce FBO, LLC and authorize the Chair to sign documents as approved by the County Attorney. 2. Amended and Restated Interlocal Agreements for the Public Transit Municipal Services Taxing Unit (MSTU) between St. Lucie County and (1) the City of Fort Pierce and (2) St. Lucie Village Staff recommends Board approval of the amended and restated interlocal agreements between St. Lucie County and (1) the City of Fort Pierce and (2) St. Lucie Village and authorize the Chair to sign the amended and restated interlocals as approved by the County Attorney. 3. Second Addendum to Contract for Sale and Purchase - Melville Road Phase 1 - Joe Van Chason - 20' of Right -of -Way - Parcel ID 3403-343-0001-000-7 THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX On October 5, 2021, the Board of County Commissioners approved the First Addendum to the Contract for Sale and Purchase extending the closing date to on or before October 29, 2021. During the closing procedure, Community Land Title discovered that a mortgage release needed to be obtained and additional time is still needed to obtain the release. Staff recommends the Board approve the Second Addendum to the Contract for Sale and Purchase extending the closing date to on or before January 28, 2022. Staff recommends the Board approve the Second Addendum to the Contract for Sale and Purchase, authorize the Chair to sign the Addendum, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. 4. Revocable License Agreement - 360 SE Gasparilla Ave - River Park - Unit 4 - Debra Ann Barrow - Parcel ID 3419-530-0123-000-1 Ms. Barrow is requesting a Revocable License Agreement to be allowed to install a 5' chain - link fence with gate along the north-east side of her property within the County's 6' Drainage/Utility Easement. The fence will extend into the rear within the County's 10' Drainage/Utility Easement. She understands if the County Engineer determines the fence and gate is causing flooding, drainage problems or for other needs in the area, the fence and gate will need to be removed or relocated at her 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 Ms. Barrow pay to record the agreement in the public records of St. Lucie County, Florida. 5 1 PagE Page 5 of 427 Regular Meeting Tuesday, November 16, 2021 9:00 AM 5. Revocable License Agreement - 6906 Belleair Avenue - Lakewood Park - Unit 9 - David Hanson, Jr. - Parcel ID 1301-611-0170-000-5 Mr. Hanson has requested to be allowed to install a 6' wood fence with gates along the sides and rear of his property within the County's 10' Drainage/Utility Easement. He understands 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 his expense. Engineering, Water Quality and Road & Bridge 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. Hanson pay to record the agreement in the public records of St. Lucie County, Florida. 6. Resolution - Rename Belterra Place to Pinnacle Place North on the plat of Belterra Phase 1 Plat 1 recorded in Plat Book 94, Pages 23 to 29 in the Public Records of St. Lucie County, Florida. Property Acquisitions received an email from Chuck DeSanti at GHO Homes regarding street name confirmation for the next phase of development. It was discovered an error had taken place on the plat of Belterra Phase 1 Plat 1. County staff contacted Mr. DeSanti, Public Safety and the City of Port St. Lucie to resolve the issue. All the parties agreed to resolve the issue by renaming Belterra Place to Pinnacle Place North. The street name Pinnacle Place North was submitted and has been reviewed and approved by Public Safety, City of Port St. Lucie and Property Acquisition Division. Staff recommends the Board approve renaming Belterra Place to Pinnacle Place North, authorize the Chair to sign the Resolution, direct staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County, Florida. 7. Addendum to Contract for Sale and Purchase - Seacoast Air Conditioning and Sheet Metal, Inc. - Parcel ID 1429-501-0008-000-4 (West) Addendum to Contract for Sale and Purchase - Seacoast Air Conditioning and Sheet Metal, Inc. - Parcel ID 1429-501-0020-000-4 (East) On September 7, 2021, the Board of County Commissioners approved a Contract for Sale and Purchase with Seacoast Air Conditioning and Sheet Metal, Inc. to purchase Parcel ID 2419- 501-0008-000-4 from St. Lucie County. On October 5, 2021, the Board of County Commissioners approved a Contract for Sale and 61Page Page 6 of 427 Regular Meeting Tuesday, November 16, 2021 9:00 AM Purchase with Seacoast Air Conditioning and Sheet Metal, Inc. to purchase Parcel ID 2419- 501-0020-000-4 from St. Lucie County. Seacoast Air Conditioning and Sheet Metal, Inc. held their Pre -Application Meeting with Planning & Development Services on November 4, 2021. They were informed they needed to modify their site plan to meet the minimum setback requirements. In order to accomplish this minor redesign, they are requesting an extension of the feasibility determination period and the closing date. Attached for your review and approval are the Addendum/Modification for each of the Contracts for Sale and Purchase. County staff has no objections. Staff recommends the Board approve the addendums to the contract for sale and purchases, authorize the Chair to sign the addendums and direct staff to proceed with the closings and record the county deeds in the public records of St. Lucie County, Florida. 8. Permission to Advertise - Senior Management Service Class Staff recommends the Board approve permission to advertise the designation of the Assistant County Attorney III position in the Senior Management Service Class of the Florida Retirement System. 9. Resolution - Right -of -Way Donation - 10' on Dunn Road from Plag Holdings, LLC - Parcel ID 3403-502-0195-000-0 Staff recommends the Board accept the Warranty Deed from Plag Holdings, LLC, authorize the Chair to sign the resolution and direct staff to proceed with the closing and record the documents in the public records of St. Lucie County, Florida. 10. Resolution - Right -of -Way Donation - 10' Mariah Circle and a 50 x 50 Corner Clip - Sunrise City LLC - Parcel ID 2408-222-0004-000-8 Staff recommends the Board accept the warranty deed from Sunrise City LLC, authorize the Chair to sign the resolution and direct staff to proceed with the closing and record the documents in the public records of St. Lucie County, Florida. COMMUNITY SERVICES Consent to the Designation of County Owned Property Located at 100 Blue Sky Circle (Parcel ID 2419-211-0004-000-8) as a Green Reuse Area Under Florida's Brownfield Redevelopment Act. 71 Page 7 of 427 Regular Meeting Tuesday, November 16, 2021 9:00 AM Staff recommends that the Board consent to the designation of Parcel 2419-211-0004-000-8 as a Green Reuse Area under the Florida Brownfield Redevelopment Act and authorize the Chair to sign the letter of consent as approved by the County Attorney. 2. Authorization Resolution - FY22 Block Grant FDOT (Florida Department of Transportation) The State Public Transit Block Grant Program was enacted by the Florida Legislature to provide a stable source of funding for public transit. The grant funds are provided by the states and then distributed by the Florida Department of Transportation (FDOT) and can be used over a five-year period for capital and operating expenses. Each funding year, a new grant allocation is provided in an agreement known as a Public Transportation Grant Agreement (PTGA) for the new state fiscal year. The FDOT funds allocated to St. Lucie County public transit for FY22 (year three of the grant) is $739,502.00, which is the total project cost. The local match has been waived this year due to a one-time relief enacted by the Florida Legislature. The local budget for the county's transit division will increase by $739,502.00. Staff recommends Board approval of the FY22 FDOT Block Grant (FM# 407187-3-84-01) authorizing resolution and permission for the Chair to sign all applicable documents as approved by the County Attorney. The total project cost is $739,502.00. F. ENVIRONMENTAL RESOURCES There are no items scheduled G. FACILITIES Award of Bid No. 21-081, Clerk of Court First Floor Build -out Project Staff recommends Board approval to award Bid No. 21-081, Clerk of Court First Floor Build -Out Project to Paul Jacquin & Sons, Inc. in the amount of $507,968.00 and authorize the Chair to sign the contract as approved by the County Attorney. 2. St. Lucie County Library Facility Participation - Waive the policy rendering consultants who completed a feasibility study ineligible to participate in design work. This project involves detailed design, construction drawings, specifications, and contract documents, and obtaining the necessary related regulatory approvals for the Port St. Lucie Branch Library building located at 180 SW Prima Vista Blvd, Port St Lucie, Florida. The successful applicant shall have a demonstrated history of work in library design and construction. 81Page Page 8 of 427 Regular Meeting Tuesday, November 16, 2021 9:00 AM Staff recommends the Board waive the policy rendering consultants who completed a feasibility study ineligible to participate in design work. H. OFFICE OF MANAGEMENT & BUDGET 1. Request for Proposal (RFP) No. 21-074 - Hazardous Household Waste Collection Staff recommends Board approval to award RFP No. 21-074 and enter into contract with Clean Harbors Environmental Services, Inc., and authorization for the Chair to sign documents as prepared by the County Attorney. 2. Request for Qualifications (RFQ) No. 21-076, Professional Geotechnical Engineering & Testing Services - Continuing Contracts Staff recommends Board approval of the short-listed firms for RFQ No. 20-076 and permission to: • Conduct discussions/ presentations with the short-listed firms; • Conduct contract negotiations with successful short-listed firms; • If negotiations are successful, award contracts to the successful short-listed firms and authorization for the Chair to sign the documents as prepared by the County Attorney. 3. Budget Resolution Recognizing Unanticipated Revenue FY'22 Staff recommends approval of this agenda item to recognize the funds to amend the budget by $723,999.00. I. PARKS & RECREATION 1. Peter W. Busch Family Foundation Concert & Rodeo Fee Waiver $1,800.00 Staff recommends Board authorization to waive the $1800.00 for the rental fees of Adams Arena for the 2022 Peter W. Busch Family Foundation Rodeo & Concert Event to be held at the St. Lucie County Fairgrounds on April 23, 2022 as outlined in this agenda memorandum and authorization for the Chair to sign the documents as approved by the County Attorney. 2. St Lucie County Sheriff's Office 5th Annual Gary Morales Softball Tournament & Family Fun Day - Fee Waiver $612.00 Staff recommends waiving the field rental fees of $612.00 for the upcoming St Lucie County Sheriff's Office 5th Annual Gary Morales Softball Tournament & Family Fun Day and 91Page Page 9 of 427 Regular Meeting Tuesday, November 16, 2021 9:00 AM Lakewood Regional Park on November 20, 2021. 3. St. Lucie County Public Schools - Marching Band Showcase - Fee Waiver $520.50 Staff recommends Board approval to waive $520.50 in facility rental fees for the St Lucie County Public Schools Marching Band Showcase that was held on Saturday, Oct. 9, 2021 from 4-10pm at Lawnwood Stadium. 4. Waiver for the Feed The Need Annual Toy Drive at the Havert L. Fenn Center - Request to Waive Facility Use Fees in the Amount of $4,942.50 Staff recommends Board approval to waive the facility use fee of $4,942.50 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. 11111[ALTIM910"'M Grant Acceptance - Taylor Creek Restoration Muck Removal Project - SFWMD (FIND) Agreement No. 4600004386 Amendment No. 01 Staff recommends Board acceptance of Amendment No. 01 to South Florida Water Management District Agreement No. 4600004386, to revise task funding in the Grant Work Plan for the Taylor Creek Restoration Muck Removal Project and extend the task completion date to September 2022, and authorization for the Chair to sign documents as approved by the County Attorney. 2. Award Bid No. 21-085 Guardrail Maintenance and Installation to Florida Roadway Guardrail & Signs, Inc. and Southeast Highway Guardrail and Attenuators, LLC for guardrail repair, new installations and on millings roads. Due to the variation of guardrail projects, and bid items required, it is recommended to award both bids submitted and shown on the attached bid tabulations. Staff recommends Board approval for the award of Bid No. 21-085, Guardrail Maintenance and Installation to Florida Roadway Guardrail & Signs, Inc. and authorization for the Chair to sign the contract as approved by the County Attorney. Staff recommends Board approval for the award of Bid No. 21-085, Guardrail Maintenance and Installation to Southeast Highway Guardrail and Attenuators, LLC and authorization for the Chair to sign the contract as approved by the County Attorney. 101Page Page 10 of 427 Regular Meeting Tuesday, November 16, 2021 9:00 AM 3. Award Work Authorization No. 01 to C21-07-653 with Consor Engineers, LLC for CEI Services for the Orange Avenue Resurfacing Project - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX. Staff recommends awarding Work Authorization No. 01 to C21-07-653 with Consor Engineers for Construction Engineering and Inpection services for the Orange Avenue Resurfacing project and authorization for the chair to sign the work authorization as approved by the County Attorney. 4. Al Truss will be opting for a Fee in Lieu for Sidewalk along St Lucie Blvd, in the amount of $27,342.00 Staff recommends Board approval of the fee -in -lieu of construction agreement with A-1 Roof Trusses, Ltd. Company, accept funds in the amount of $27,342.00 and authorization for the Chair to sign documents as approved by the County Attorney. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 2nd Public Hearing - Ordinance No. 21-039 Regarding Sidewalks in Residential Development With Lot Sizes of 2.5 Acres or Greater This is the second of two public hearings. Staff recommends that the Board adopt the proposed ordinance. B. PLANNING & DEVELOPMENT SERVICES Muller Road —Toth Acres Road Paving Waiver Staff recommends providing a waiver for the paving requirements and provision of fair share contribution conditioned upon a requirement that the current and future owners and their heirs/assigns agree to participate and shall be a "yes" vote in any lawfully established Municipal Service Taxing Unit (MSTU), Municipal Service Benefit Unit (MSBU) or other special assessment district created for the purpose of providing paving and/or drainage improvements to Muller Road that serve the subject property. C. PUBLIC SAFETY St. Lucie County Certificate of Public Convenience and Necessity Application - Re -Assure Non 111Page Page 11 of 427 Regular Meeting Tuesday, November 16, 2021 9:00 AM Emergency Transportation Inc. Staff recommends the Board determine the application of Re -Assure Non Emergency Transportation Inc. for a Class F Certificate of Public Convenience and Necessity meets the standards of review set forth in Section 18-56, approve the application, and authorize the Chair to sign the Class F Certificate of Public Convenience and Necessity. 10. REGULAR AGENDA A. COUNTY ATTORNEY Resolution No. 2021-409 - Conditional Consent to Merger of APP Properties, Inc. into an Affiliate of Ridgewood Infrastructure, LLC and the Resulting Change of Control of Fort Pierce FBO, LLC - ATTACHMENT ADDE[ Staff recommends the Board adopt Resolution 2021-409 conditionally consenting to the merger of APP Properties, Inc. into an affiliate of Ridgewood Infrastructure, LLC. and the resulting change of control of Fort Pierce FBO, LLC, and authorize the chair to sign Lessor's Conditional Consent to Merger as approved by the County Attorney. Edna L. Guettler, LC, LLC v. St. Lucie County - Pinelands Preserve - Notice of Appeal - ADD ON Based on the recommendation of Mr. Petrescu set out above, the County Attorney recommends that the Board authorize the filing of a Notice of Appeal. 3. Conflict Resolution No. 21-412 - City of Port St. Lucie - Directing County Administrator to Initiate Mediation Staff recommends that the Board adopt Rsolution No. 21-412 and authorize the Chair to sign the resolution. Renewal of the Symetra Financial Excess Stop Loss Policy for the Group Health Plan - Anticipated Specific and Aggregate Stop Loss Premium $2,065,397.76 Staff recommends that the Board approve the Symetra contract renewal at the projected cost of $2,065,397.76 and authorize the Chair to sign the renewal documents as approved by the County Attorney. 12 1 Page 12 of 427 Regular Meeting Tuesday, November 16, 2021 9:00 AM C. PARKS & RECREATION 1. Resolution No. 21-406 - Naming of the Lincoln Park Regional Park pool to the Arthur Lee Boatwright Pool Staff recommends Board approval to name the Lincoln Park Regional pool the "Arthur Lee Boatwright Pool", and authorization for the Chair to sign documents as prepared and approved by the County Attorney. D. PLANNING & DEVELOPMENT SERVICES 1. Administrative Approval Update from PDS Director No formal vote is necessary, this item is for discussion purposes only. E. PUBLIC SAFETY 1. Memorandum of Understanding between Indian River State College and St. Lucie County creating a 911 Telecommunications Officer Certification Program Staff recommends the Board to allow the Chair to execute the memorandum of understanding with Indian River State College. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Joint meeting with the City of Fort Pierce on Thursday, November 18, 2021 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, December 7, 2021 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, December 14, 2021 at gam 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, December 14, 2021 at 1pm in the Commission Chambers located at 2300 Virginia Avenue, Fort Pierce, FL. 13 1 Page 13 of 427 Regular Meeting Tuesday, November 16, 2021 9:00 AM 12. MOTION TO ADJOURN 14 1 age Page 14 of 427 91rc LUCE W49ft 11 L"C", P La©n BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting October 19, 2021 Convened: 9:00 AM Adjourned: 10:39 AM 1. CALL TO ORDER Fhe meeting was called to order at 09:00 AM by Chair Chris Dzadovsky, District No.1. Present Commissioner Chris Dzadovsky District 1, Commissioner Sean Mitchell District 2, Commissioner Linda Bartz District 3, Commissioner Cathy Townsend District 5 Absent Commissioner Frannie Hutchinson District 4 Also Present Howard Tipton, County Administrator Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Dan McIntyre, County Attorney Caroline Valentine, Assistant County Attorney Don West, Public Works Director Leslie Olson, Planning & Development Services Director Ron Parrish, Public Safety & Communications Director Barbara Guettler, MSBU Coordinator Patrick Dayan, Water Quality Division Manager Frank Amandro, Public Safety Assistant Director Maria Valencia, Animal Safety Coordinator Matt Baum, Parks & Recreation Director Jessica Parrish, CEO of United Way Vera Smith, Deputy Clerk Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE Page 15 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Dzadovsky opened the meeting for public comment at this time. The following people addressed the Board: • Mark Derosa presented to the Board information regarding the Indian River Drive Townhall meeting and road improvement items. There being no one else wishing to address the Board, Chair Dzadovsky closed public comment. 5. APPROVAL OF MINUTES A motion was mace to approve start recommencations, anc it passes unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the BOCC Regular Meeting of October 5, 2021. 6. PROCLAMATIONS APPROVAL A. Resolution No. 21-388 - proclaiming November 1, 2021, as "Florida Trauma -Informed Care Day" in St. Lucie County, Florida The deputy clerk read the proclamation into the record. A motion was made to adopt the Resolution, and it passed unanimously. Chair Dzadovsky presented the proclamation to "One Care Adult Inc." Chief Executive Officer and Cultural Architect Crystal Morris, who thanked the Board and accepted the proclamation with honor. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 21 Page 16 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM 7. PRESENTATIONS A. United Way Annual Giving Campaign Matt Baum, Parks & Recreation Interim Director, and Jessica Parrish, President/CEO of United Way. Presented a brief video presentation on the participation of the United Way organization of St. Lucie County, providing a broad range of services to non-profit providers to help achieve sustainable health, education, and financial independence within the community. Over the past year, the organization has distributed the most in United Way history, a total of $2.1 million to 76 community partners, projects, and initiatives, assisting over 164,000 residents in St. Lucie County. Through the assistance of twenty-five (25) community volunteers on the citizen review panel, the funding provided emergency shelter, clothing, and meals to over 139,000 residents. Over 23,000 uninsured residents received access to a full range of health services. Last year, on behalf of the St. Lucie County employees giving campaign and a host of other fundraising events, over $162,000 of funding was collected for the United Way Organization. The 2021 employee giving campaign begins in November, and several other events are scheduled for 2022. For more information regarding events, participation, sponsorship, donating, and volunteering, visit (www.unitedwayslc.org). 8. CONSENT AGENDA A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None I_ATi%1:1:7-A►11&1 1. Warrant Lists 53 - 54 Adopted by Consent Vote B. ADMINISTRATION 1. New Horizons of the Treasure Coast - Grant Agreement in the amount of $712,843.00 to Provide Mental Health and Substance Abuse Services for Residents of St. Lucie County 31Page Page 17 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM Staff recommended Board approval of the New Horizons of the Treasure Coast Grant Agreement and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Citizens Budget Committee - Waiver Staff recommended that the Board vote to approve the waiver allowing Jake Saunders to continue to serve on the Citizens Budget Committee. Adopted by Consent Vote 3. Appointment to the Affordable Housing Advisory Committee Staff recommended that the Board ratify Commissioner Mitchell's appointment of Stephen D.M. Robinson, Esq. to the Affordable Housing Advisory Committee. Adopted by Consent Vote 4. HOME Investment Partnerships Program -American Rescue Plan (ARP) Grant Agreement Between the U.S. Department of Housing and Urban Development (HUD) and St. Lucie County - THIS ITEM IS :7 �_� l� 3 l�j � : I J_1►�i L�J :� [d_1► � :7 ��d�hl 'l�_1 Staff recommended Board approval of the HUD HOME ARP funding agreement in the amount of $3,480,403.00; and permission for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote C. AIR & SEA PORT 1. Grant and Grant Resolution Acceptance - Terminal Improvements Initiative This Public Transportation Grant Agreement (PTGA) is the design, bidding, and construction phases of the Port Terminal Improvement Project at the Port of Fort Pierce. Under this grant, the Florida Department of Transportation (FDOT) will provide funding in the amount of $500,000.00, with a local match of $500,000.00. These funds will be used for the rehabilitation of the terminal located at the port and for the costs associated with improvements and upgrades required for vessel maintenance, repair, and overhaul operations. Staff recommends Board approval for the Terminal Improvement Initiative PTGA and its grant resolution and authorization for the Chair to sign these documents as approved by the County Attorney. Adopted by Consent Vote *Resolution number RES-2021-394 added post -meeting. 2. Seaport Grant Funding Agreement with Derecktor Fort Pierce, LLC for FDOT Grant 448536-1-94-01 41Page Page 18 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM The County applied for and received a seaport grant from the Florida Department of Transportation to fund port terminal improvements on the County's port property. These funds will be used for terminal rehabilitation and improvements associated with transforming the port into a location for maintenance, repair, and overhaul operations for vessels. This grant requires a local match to state funds, which Derecktor Fort Pierce will be providing. Staff recommended that the Board approve the Seaport Grant Funding Agreement and authorize the Chair to sign the Agreement subject to final review and approval of the County Attorney. Adopted by Consent Vote 3. Award of Bid No. 21-078: Purchase and Delivery of Electrical Components for St. Lucie County's Port of Fort Pierce - On August 22, 2021, the invitation to Bid 21-078 was advertised. One hundred nineteen (119) companies were notified, and ten (10) bid documents were distributed. One (1) bid was received. Staff recommends to award Bid. 21-078 to the responsive bidder, ADG Engineering of Fort Lauderdale, Florida, in the amount of $1,009,584.17. Staff recommended to award Bid. 21-078 to the responsive bidder, ADG Engineering of Fort Lauderdale, Florida, in the amount of $1,009,584.17. Adopted by Consent Vote D. COUNTY ATTORNEY 1. Request from Finance Director for BOCC Record Destruction Staff recommended the Board approve the destruction of the records as requested. Adopted by Consent Vote E. COMMUNITY SERVICES A Funding Agreement Between the Florida Department of Economic Opportunity (DEO) and St. Lucie County in the amount of $750,000.00 for the Community Development Block Grant (CDBG) Small Cities Program Staff recommended Board approval of the CDBG Small Cities funding agreement in the amount of $750,000.00; and permission for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. A Community Housing Development Organization (CHDO) Agreement Between St. Lucie County and Page 19 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM St. Lucie Habitat CHDO, Inc to Provide HOME Investment Partnerships Program Funds for the Creation of Affordable Housing Staff recommended Board approval of the Agreement between the HOME Consortium and St. Lucie Habitat CHDO, Inc. in the amount of $418,377.35 subject to approval as to legal form and correctness by the County Attorney; and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote F. INFORMATION TECHNOLOGY 1. First Amendment to the Interlocal Agreement between St Lucie County and the Office of the Public Defender, 19th Circuit, for the Lease of Server Rack Space at the Information Technology Facility located at 101 North Rock Road Staff recommended Board approval of the First Amendment agreement, as drafted by the County Attorney's office, to the Interlocal Agreement between St Lucie County and the Office of the Public Defender, 19th Circuit, for the lease of server rack space at the Information Technology Data Center at located at 101 North Rock Road and authorize the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote 2. First Amendment to the Interlocal Agreement between St Lucie County and The State Attorney's Office, 19th Judicial Circuit of Florida, for the Lease of Server Rack Space at the Information Technology Facility located at 101 North Rock Road Staff recommended Board approval of the First Amendment agreement, as drafted by the County Attorney's office, to the Interlocal Agreement between St Lucie County and The State Attorney's Office, 19th Judicial Circuit of Florida, for the lease of server rack space at the Information Technology Data Center located at 101 North Rock Road and authorize the Chair to sign documents approved by the County Attorney. Adopted by Consent Vote G. OFFICE OF MANAGEMENT & BUDGET 1. Dori Slosberg Mini -Grant Awards Staff recommended Board approval of $129,660.00 to six public high schools for the Dori Slosberg Driver Education grant and the contracts drafted by the County Attorney. Adopted by Consent Vote 6 1 PagE Page 20 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM 2. Budget Resolution Recognizing Unanticipated Revenue FY'21 Staff recommended approval of this agenda item to recognize the funds to amend the budget by $261,186. Adopted by Consent Vote 3. Budget Resolution Recognizing Unanticipated Revenue FY'22 Staff recommends approval of this agenda item to recognize the funds to amend the budget by $ 5, 219, 670 Adopted by Consent Vote *Corrected attachment added post -meeting. H. PARKS & RECREATION 1. Florida Indian Heritage Association Pow -Wow - Fairgrounds Fee Waiver $6,562.50 Staff recommended Board authorization to waive $6,562.50 in Adams Arena & Building A rental fees for the 2022 Florida Indian Heritage Associate Pow -Wow to be held at the St. Lucie County Fairgrounds as outlined in the agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Award of Bid No. 21-079, Construction of four new Pickleball Courts at Lakewood Park Regional Park $98,750.00 Staff recommended Board approval to award Bid No. 21-079 to Armor Courts for the construction of four new pickleball courts at Lakewood Park Regional Park in the amount of $98,750.00 and authorization for the Chair to sign the documents as prepared by the County Attorney. Adopted by Consent Vote 1111110,10 [WIf-A." 1 1. Resolution No. 21-368 - Repealing Resolution No. 96-48 Staff recommended that the Board adopt Resolution No. 21-368 and authorize the Chair to sign the Resolution. Adopted by Consent Vote 71Page Page 21 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM 2. Approval of the FY21-22 Emergency Medical Services (EMS) Grant Application (State of Florida, Department of Health, Emergency Medical Services Grant Unit) and Resolution No. 2021-387 Staff recommended Board approval of the Emergency Medical Services (EMS) grant application in the amount of $40,950.00, Resolution No. 2021-387, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote J. PUBLIC UTILITIES 1. Award CDM Smith Work Authorization No. 15 - Emergency Compliance Assistance - CDM Smith provides professional engineering services and assists St. Lucie County with emergency compliance activities to ensure the St. Lucie County Baling and Recycling Facility remains in compliance with the Florida Department of Environmental Protection (FDEP) Solid Waste Operations Permit and the Title V Air Operation Permit. Staff recommended Board approval and authorization for the Chair to execute CDM Smith Work Authorization No. 15 under Contract C19-09-790 for professional engineering services for a combined not -to -exceed total cost of $200,000.00. Adopted by Consent Vote 2. Award of BID-21-077 for the Transportation of Landfill Leachate for the St. Lucie County Solid Waste Baling & Recycling Facility on an as -needed, Emergency Basis Staff recommended Board Approval to award Bid No. 21-077 to Delta Pioneer, Inc., and permission for the Chairman to sign the contract as approved by the County Attorney. Adopted by Consent Vote 3. Bid Award No. 21-053 - North County Service Area Wastewater Submersible Repump Station, Construction Contract Staff recommended approval to award Bid No. 21-053 to Centroid Diversified, LLC of Port St. Lucie, Florida, in the amount of $678,000, contingent upon approval of their bid package by the County Attorney and authorization of the Chair to sign the documents as approved by the County Attorney. Adopted by Consent Vote K. PUBLIC WORKS 1. Lakewood Park Stormwater Improvements Culvert Replacement at Immokolee Road & Canal No. 5 (Seminole Canal) - Acceptance of Project - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES 81Page Page 22 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM TAX Staff recommended Board acceptance of the Immokolee Road at FPFWCD Canal No. 5 Culvert Replacement project and authorization by the Chair for final approval by the County Attorney. Adopted by Consent Vote Glades Cut Off Road Resurfacing - Special Permit Request to perform night work outside the hours set by the Noise Control Ordinance - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended Board approval to grant Asphalt Paving Systems, Inc. request for a special permit, in accordance with Section 28-112 of the St. Lucie County Code of Ordinances. Adopted by Consent Vote 3. Award Design Contract for Melville Road Drainage Improvements, Phase II, in the amount of $165,795.00 - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN Staff recommended Board approval of Work Authorization No. 04 for Contract C20-01-156 to Kimley- Horn & Associates in the amount of $165,795.00 for completion of design and permitting efforts and authorize the Chair to sign documents as authorized by the County Attorney. Adopted by Consent Vote L. SHERIFF'S OFFICE Reimbursement for Overtime and Benefits for the COVID-19 Pandemic and Budget Amendment in the amount of $408,370.00 Staff recommended that the Board approve the request for reimbursement and budget amendment in the amount of $408,307.00. Adopted by Consent Vote 2. Law Enforcement Impact Fee Request in the amount of $435,055.00. Staff recommended Board approval of the Sheriff's Office Law Enforcement Impact Fee request and transfer of funds in the amount of $435,055.00. Adopted by Consent Vote 91Page Page 23 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM 9. PUBLIC HEARINGS A. PUBLIC WORKS 1. Culvert 2021-02 MSBU - Final Assessment Resolution Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. In February 2021, the Board established a voluntary program within Ordinance 21-004, to which eligible property owners can apply for and receive funding to improve or repair culverts. Then repay this funding by imposing a non -ad valorem special assessment against the improved property collected in annual installments on the tax roll. In September 2021, the Board approved Resolution No 2021-351, an Initial Assessment Resolution. This Resolution described the property as located within the Culvert 2021-02 MSBU and provided the imposition of special assessments therein. The Final Assessment Resolution required by the County's Ordinance 21-004 relates to the imposition and collection of special assessments to fund stormwater culvert improvements within the Culvert 2021-02 MSBU. Determining that real property therein will be especially effective, establishing the method of assessing the improvements' cost, ratifying and confirming the initial assessment resolution, approving the assessment roll, and providing an effective date. Staff recommended Board approval of Resolution No. 2021-369, the Culvert 2021-02 MSBU Final Assessment Resolution, and authorization for the Chair to sign documents as approved by the County Attorney. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. v motion was mace to aDDrove start recommencations, anc it Dassec unanimou RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 2. Canoe Creek MSBU - Notice of Intent Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. One of the funding methods available for capital improvements and essential services is through non -ad valorem special assessments levied on specially -benefited properties within the proposed special assessment district and collected using the uniform method according to Section 197.3632, Florida 10 1 P a g Page 24 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM Statutes. To preserve this collection option, the Board must adopt a resolution expressing its intent to use the uniform method commencing in November 2022. The Resolution must be considered at a duly advertised public hearing held before January 1, 2022. The Resolution does not in any way obligate the County to levy special assessments; rather, it simply preserves the County's option to use the uniform method of collection if special assessments are levied. The Board is considering the creation of the Canoe Creek Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. Staff recommended the Board's adoption of the special assessment notice of intent resolution for the Canoe Creek Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 3. Culvert MSBU - Notice of Intent Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. One of the funding methods available for capital improvements and essential services is through non -ad valorem special assessments levied on specially -benefited properties within the proposed special assessment district and collected using the uniform method according to Section 197.3632, Florida Statutes. To preserve this collection option, the Board must adopt a resolution expressing its intent to use the uniform method commencing in November 2022. The Resolution must be considered at a duly advertised public hearing held before January 1, 2022. The Resolution does not in any way obligate the County to levy special assessments; rather, it simply preserves the County's option to use the uniform method of collection if special assessments are levied. The Board is considering the creation of the Culvert Municipal Services Benefit Unit to provide culvert replacement improvements to the parcels within the proposed boundary. Staff recommended the Board's adoption of the special assessment notice of intent resolution for the Culvert Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. 11 I Page 25 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 4. Hatcher MSBU - Notice of Intent Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. One of the funding methods available for capital improvements and essential services is through non -ad valorem special assessments levied on specially -benefited properties within the proposed special assessment district and collected using the uniform method according to Section 197.3632, Florida Statutes. To preserve this collection option, the Board must adopt a resolution expressing its intent to use the uniform method commencing in November 2022. The Resolution must be considered at a duly advertised public hearing held before January 1, 2022. The Resolution does not in any way obligate the County to levy special assessments; rather, it simply preserves the County's option to use the uniform method of collection if special assessments are levied. The Board is considering the creation of the Hatcher Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. Staff recommended the Board's adoption of the special assessment notice of intent resolution for the Hatcher Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. v motion was mace to aDDrove start recommencations, anc it Dassec unanimou RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 5. Lakewood Park Water MSBU - Notice of Intent Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. One of the funding methods available for capital improvements and essential services is through non -ad valorem special assessments levied on specially -benefited properties within the proposed special assessment district and collected using the uniform method according to Section 197.3632, Florida 121Page Page 26 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM Statutes. To preserve this collection option, the Board must adopt a resolution expressing its intent to use the uniform method commencing in November 2022. The Resolution must be considered at a duly advertised public hearing held before January 1, 2022. The Resolution does not in any way obligate the County to levy special assessments; rather, it simply preserves the County's option to use the uniform method of collection if special assessments are levied. The Board is considering the creation of the Lakewood Park Water Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. Staff recommended the Board's adoption of the special assessment notice of intent resolution for the Lakewood Park Water Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. a. motion was made to approve statt recommendations, and it passed unanimou RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 6. Lakewood Park Drainage MSBU - Notice of Intent Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. One of the funding methods available for capital improvements and essential services is through non -ad valorem special assessments levied on specially -benefited properties within the proposed special assessment district and collected using the uniform method according to Section 197.3632, Florida Statutes. To preserve this collection option, the Board must adopt a resolution expressing its intent to use the uniform method commencing in November 2022. The Resolution must be considered at a duly advertised public hearing held before January 1, 2022. The Resolution does not in any way obligate the County to levy special assessments; rather, it simply preserves the County's option to use the uniform method of collection if special assessments are levied. The Board is considering the creation of the Lakewood Park Drainage Municipal Services Benefit Unit to provide drainage improvements to the parcels within the proposed boundary. Staff recommended the Board's adoption of the special assessment notice of intent resolution for the Lakewood Park Drainage Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. 13 1 P a g Page 27 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 7. Naylor MSBU - Notice of Intent Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. One of the funding methods available for capital improvements and essential services is through non -ad valorem special assessments levied on specially -benefited properties within the proposed special assessment district and collected using the uniform method according to Section 197.3632, Florida Statutes. To preserve this collection option, the Board must adopt a resolution expressing its intent to use the uniform method commencing in November 2022. The Resolution must be considered at a duly advertised public hearing held before January 1, 2022. The Resolution does not in any way obligate the County to levy special assessments; rather, it simply preserves the County's option to use the uniform method of collection if special assessments are levied. The Board is considering the creation of the Naylor Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. Staff recommended the Board's adoption of the special assessment notice of intent resolution for the Naylor Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. v motion was mace to aDDrove start recommencations, anc it Dassec unanimou RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 8. Property Clean-up SAD - Notice of Intent Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. One of the funding methods available for capital improvements and essential services is through non -ad valorem special assessments levied on specially -benefited properties within the proposed special 14 1 Page 28 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM assessment district and collected using the uniform method according to Section 197.3632, Florida Statutes. To preserve this collection option, the Board must adopt a resolution expressing its intent to use the uniform method commencing in November 2022. The Resolution must be considered at a duly advertised public hearing held before January 1, 2022. The Resolution does not in any way obligate the County to levy special assessments; rather, it simply preserves the County's option to use the uniform method of collection if special assessments are levied. The Board has created the Property Clean-up Special Assessment District to provide abatement services to the parcels within the boundary. Staff recommended the Board's adoption of the special assessment notice of intent resolution for the Property Clean-up Special Assessment District. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 9. Rose Lane MSBU - Notice of Intent Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. One of the funding methods available for capital improvements and essential services is through non -ad valorem special assessments levied on specially -benefited properties within the proposed special assessment district and collected using the uniform method according to Section 197.3632, Florida Statutes. To preserve this collection option, the Board must adopt a resolution expressing its intent to use the uniform method commencing in November 2022. The Resolution must be considered at a duly advertised public hearing held before January 1, 2022. The Resolution does not in any way obligate the County to levy special assessments; rather, it simply preserves the County's option to use the uniform method of collection if special assessments are levied. The Board is considering the creation of the Rose Lane Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. Staff recommended the Board's adoption of the special assessment notice of intent resolution for the Rose Lane Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. 15 1 Page 29 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 10. St. James MSBU - Notice of Intent Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. One of the funding methods available for capital improvements and essential services is through non -ad valorem special assessments levied on specially -benefited properties within the proposed special assessment district and collected using the uniform method according to Section 197.3632, Florida Statutes. To preserve this collection option, the Board must adopt a resolution expressing its intent to use the uniform method commencing in November 2022. The Resolution must be considered at a duly advertised public hearing held before January 1, 2022. The Resolution does not in any way obligate the County to levy special assessments; rather, it simply preserves the County's option to use the uniform method of collection if special assessments are levied. The Board is considering the creation of the St. James Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. Staff recommended the Board's adoption of the special assessment notice of intent resolution for the St. James Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 11. Taylor Creek MSBU - Notice of Intent Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. One of the funding methods available for capital improvements and essential services is through non -ad 161Page Page 30 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM valorem special assessments levied on specially -benefited properties within the proposed special assessment district and collected using the uniform method according to Section 197.3632, Florida Statutes. To preserve this collection option, the Board must adopt a resolution expressing its intent to use the uniform method commencing in November 2022. The Resolution must be considered at a duly advertised public hearing held before January 1, 2022. The Resolution does not in any way obligate the County to levy special assessments; rather, it simply preserves the County's option to use the uniform method of collection if special assessments are levied. The Board is considering the creation of the Taylor Creek Municipal Services Benefit Unit to provide dredging improvements to the parcels within the proposed boundary. Staff recommended the Board's adoption of the special assessment notice of intent resolution for the St. James Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 12. Treasure Coast Air Park MSBU - Notice of Intent Barbara Guettler, Public Works MSBU Coordinator, presented this item to the Board. One of the funding methods available for capital improvements and essential services is through non -ad valorem special assessments levied on specially -benefited properties within the proposed special assessment district and collected using the uniform method according to Section 197.3632, Florida Statutes. To preserve this collection option, the Board must adopt a resolution expressing its intent to use the uniform method commencing in November 2022. The Resolution must be considered at a duly advertised public hearing held before January 1, 2022. The Resolution does not in any way obligate the County to levy special assessments; rather, it simply preserves the County's option to use the uniform method of collection if special assessments are levied. The Board is considering the creation of the TCAP Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. Staff recommended the Board's adoption of the special assessment notice of intent resolution for the TCAP Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. 17 1 Page 31 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 10. REGULAR AGENDA A. ADMINISTRATION United Way Administered Non -Profit Grant Funds Courtney Calderone, Legislative Affairs Grants Coordinator, and Jessica Parrish, President/CEO of United Way, presented this item to the Board. During the final budget hearing, the Board agreed to fund non-profit community agencies through a partnership with United Way of St. Lucie County for $606,814. The non-profit organizations of St. Lucie County provide various services to residents, including childcare for children with disabilities, health and prenatal care, information and referral assistance, senior services, mental health treatment, child advocacy, youth employment initiatives, and more. Each organization requesting funding must apply to the United Way annually for consideration and participate in a community panel. After processing is complete, the Board is provided with a recommendation by the United Way and makes the final funding allocations for the non -profits. In previous funding cycles, non -profits were awarded annually. To ensure financial accountability within the funding process, United Way is recommending each non-profit agency receive funding every six months. In 2010, the County implemented a policy to allow funding to be awarded if excess fees were received two years before the start of the fiscal year. In June 2020, the Board agreed to enter into a partnership with the United Way of St. Lucie County to administer the County's non-profit grant program, except those entities requiring funding by state statute. In the Fiscal Year 2021- 2022, the Board funded non-profit grants administered by United Way at $606,814 and in 2021, at $655,014. Staff recommended Board approval of the United Way's recommended funding allocations and United Way funding the non -profits every six months to ensure accountability. The Board and Dan McIntyre, County Attorney, developed a consensus direction to amend the staff recommendation to potentially increase the requested amount by $10,000 for the Treasure Coast Life Builders. With a requirement, that amount is being met with a fundraising match. Mr. McIntyre directed County Administrator and the Budgeting Director to locate the $10,000 in the appropriate account, presumably from the general or reserves funding. 18 1 Page 32 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM A motion was made to approve staff recommendations as amended, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None B. COUNTY ATTORNEY 1. Airport MRO Hangar - Request to Readvertise RFP - ITEM PULLED PRIOR TO MEETING 2. County Fiber Project - Midway Road - Contract with Y-COM - ADD ON Caroline Valentin, Assistant County Attorney, presented this item to the Board. The City of Port St. Lucie received a grant to install fiber along Midway Road from the County Emergency Operations Center to the St. Lucie County Sheriff's Office. On May 24, 2021, Port St. Lucie City Council awarded Young Communications, LLC (Y-COM) a contract for $643,442.00. County staff discussed with City staff the possibility of including County fiber within the City's conduit, but City staff ultimately determined that inclusion of County fiber was not feasible. City staff indicated that the County could use the City's contractor Young Communications, LLC (Y-COM), to construct a County fiber conduit. The only caveat the City staff had with the County utilizing the City's contractor was the issue of timing. Since the City's grant has time constraints for the completion of the City project, the City requested that the County make an immediate decision on the issue of using the City's contractor to install County fiber. In this regard, County staff requested and received a quote from Y-COM to install County fiber for $279,425.00. The quote is only good through October 22, 2021, and County staff requested that Kimley-Horn perform an independent cost analysis of the Y-COM proposal. Kimley-Horn determined that the Y-COM proposal is commercially reasonable. Staff recommended the Board: 1. Approve a bid waiver for the installation of County fiber pursuant to Section 8.1(a)(10) of the County Purchasing Manual. 2. Approve the quote of $279,425.00 submitted by Y-COM. 3. Authorize the Chair to sign a contract with Y-COM as approved by the County Attorney. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz 19 1 Page 33 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None 3. Pineland Preserve Access Partial Release of Easement from Vero Producers, Inc. - ADD ON Daniel McIntyre, County Attorney, presented this item to the Board. The County purchased the property now known as Pineland Preserve from Murphy White Dairy, Inc. (MWD) in 1988. A neighbor has filed suit against the County and Vero Producers, Inc. (VPI), attempting, among other things, to prevent the County from using the access the County has used since acquiring the Preserve. The neighbor had also sued Vero Producers, Inc. (VPI) for slander of the title due to an easement given to Murphy White Dairy, Inc. (MWD) in 1988. The attorney representing Vero Producers, Inc. (VPI) requested that the County sign a partial release of easement based on the facts presented. The Vero Producers, Inc. (VPI) easement has two parts. One part grants Murphy White Dairy, Inc. (MWD) a non-exclusive easement for ingress and egress across the north 50' of the property. The other part grants Murphy White Dairy, Inc. (MWD) a non-exclusive easement for ingress and egress to and from Okeechobee Road (State Road 70) over and across the same 50' wide north/south strip of land described in the 1955 Easement. The County had determined that it did not rely on the Vero Producers, Inc. (VPI) easement for access to the County property when purchased in 1998 or from that day through the current time. Vero Producers, Inc. (VPI) has no legal ability to discharge any portion of the easement and has no objection to the County releasing that portion of the related access to the real property described in the 1955 easement. Staff recommended that the Board approve a Partial Release of the 1988 easement from VPI and authorize the Chair to sign as reviewed and approved by the County Attorney. 'i IIIUUUII WdJ IIIdUC LU dF. p[UVC'kill 1t2.UIIIIIIU11UdUUI1J, d11U IL Pd.'jJCU UIId[11111UUJIy. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None EXCUSED: None C. PLANNING & DEVELOPMENT SERVICES 1. Administrative Approval Update from PDS Director Leslie Olson, Planning & Development Services Director, presented this item to the Board. A brief presentation on the Planning & Development Services approved items during the previous month. 20 1 Page 34 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM • Tres Tesoros: Minor Site Plan • Dean Decker Lot Split • Triangle Farms: Minor Site Plan • Denise Guettler Class A Mobile Home • F.A. Precast: Use Determination • Cristelle Cay: Minor Site Plan The purpose was to notify the Board of projects that qualified for administrative approval. No formal vote is necessary for this agenda item. This item was presented to the Board for informational purposes only. D. PUBLIC SAFETY 1. Resolution No. 21-392 Animal Safety Sheltering Stabilization Project - ADD ON Ron Parrish, Public Safety Director, Frank Amandro, Public Safety Assistant Director, Caroline Valentin, Assistant County Attorney, and Animal Safety Coordinator Maria Valencia presented this item to the Board. When the County and two cities terminated the Animal Sheltering contract with the Humane Society of St. Lucie County, the County's Division of Animal Safety, Services, & Protection (ASSP) stepped in at a moment's notice and set up a successful temporary animal shelter at the Airport. The ASSP Division operated the Temporary Shelter at the Airport from October 2019 until June 2020, transitioned the entire operation to Savannah Road, and operated the Animal Shelter until March 2021, when Sunrise Humane Society (SHS) took over operations. The original contract with Sunrise Humane Society (SHS) was initially based on the same funding we provided the previous vendor, Humane Society of St. Lucie County. The current budget is: • $135,000 from the City - $11,300 per month • $240,000 from the County - $20,000 per month ($9,000 difference) The contract called for renegotiating the funding in July. As part of negotiations, the Sunrise Humane Society (SHS) presented an F.Y. 2021/2022 funding proposal of $650,000 with an optimum proposal of $800,000 to the City and County. After receiving the proposal, the City indicated they would increase their contribution by $15,000 - totaling $150,000 annually, if the County was willing to do the same - $255,000. The County proposed its counteroffer of $250,000 from each agency to the City, seeking parity based on Sunrise Humane Society's In -Take numbers. Additionally, the County asked for performance measures — donations, charitable funding, & volunteering, better accountability, representation on the Sunrise Humane Society (SHS) Board of Directors, and a more diverse Board: Attorney, Accountant, Business Professional. The County also agreed to share 21 1 P a g Page 35 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM maintenance costs, routine maintenance repairs to kennels, pest control, etc. Unfortunately, the County and the City were unable to reach a consensus. County staff determined that it was in the County's best interest to explore other options. The county staff then consulted with a local veterinarian, Dr. Brett Adams, and discussed several options. 1. Purchase the facility and property outright. 2. Purchase the facility and property and lease part of the facility back to Dr. Adams. 3. Lease the facility and property from Dr. Adams. The County considers the second option (Purchase/Lease) the best option for the County. Under this option, the County would purchase the facility and property, then lease a portion of the facility back to Dr. Adams to continue running his existing veterinary hospital. The County will then contract with a non-profit to include Kennel and Animal Management, staff, medical management, euthanasia, disposal, feeding, cleaning, and basic medical supplies; in other words, all the back end work at any animal shelter. The County would be responsible for the front end/counter work, which would require the Public Safety Department to hire two (2) full-time employees (FTE's). County staff has requested one-time funding dollars for $1.3 million to purchase the building and property. This funding is currently budgeted and will be transferred from line to line upon approval of this agenda item. The funding for the operational expenses has been budgeted within fiscal year 21/22 to include annual operations. Staff recommended: 1. Adoption of Resolution No. 21-392, which authorizes the termination of the Current Interlocal with the City of Fort Pierce, the termination of the Service Agreement with SHS, purchase of the Midway Property, the Lease Agreement with Midway Veterinary Hospital, P.A., and the Lease and Service Agreement for Shelter Administration and Animal Care with the non-profit to be established by Dr. Brett Adams, DVM. 2. Approval of two (2) new full-time Animal Shelter Client Service Specialists positions, the funding for which is currently budgeted within Animal Safety's fiscal year 21-22; and 3. Approval of the $1.3 million funding request for the $700,000 purchase price of the Midway property, closing costs, and renovations/enhancement of the Midway property. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend NAYS: None 22 1 Page 36 of 427 BOCC Regular Meeting Tuesday, October 19, 2021 9:00 AM I EXCUSED: None I 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Tri-County meeting with Indian River County, and Martin County on Tuesday, October 26, 2021, at 9 am at Indian River State College - Brown Center, Bldg &-102 located at 3209 Virginia Avenue, Fort Pierce, FL 34981. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, November 2, 2021, at 6 pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold a public Open House to discuss redistricting on Thursday, November 4, 2021, at 6 pm in the Commission Chambers located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold an Informal meeting on Tuesday, November 9, 2021, at 9 am in the Roger Poitras Administration Annex's Commission Chambers at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 10:39 am. Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court and available for inspection upon request. 23 1 P a g Page 37 of 427 11 (D L"C", .. .91rc LUCE * L� L a 0 © L BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Tri-County Meeting October 26, 2021 Convened: 9:03 AM Adjourned: 11:41 AM 1. CALL TO ORDER The meeting was called to order at 09:03 AM by Joseph Flescher, Chairman, Indian River County Board of County Commissioners. resent St. Lucie County Board of County Commissioners: Commissioner Chris Dzadovsky Commissioner Sean Mitchell Commissioner Linda Bartz Commissioner Cathy Townsend Commissioner Frannie Hutchinson Martin County Board of County Commissioners: Chairman Stacey Hetherington Vice -Chair Doug Smith Commissioner Sarah Heard Commissioner Edward Ciampi Commissioner Harold Jenkins Indian River Board of County Commissioners: Chairman Joseph Flescher Vice -Chair Peter O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss Page 38 of 427 Tri-County Meeting Tuesday, October 26, 2021 9:00 AM Also Present Nicole Fogarty, Legislative Affairs Director, St. Lucie County Courtney Calderone, Legislative Affairs Grants Coordinator, St. Lucie County Howard Tipton, County Administrator Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Dan McIntyre, County Attorney Katherine Barbieri, Assistant County Attorney Jennifer Hill, OMB Director Daniel Retherford, Facilities Director Michelle R. Miller, Clerk and Comptroller Vera Smith, Deputy Clerk Recording Secretary Taryn Kryzda, Martin County Administrator Kloee Ciuperger, Legislative Coordinator, Martin County Ruth Holmes, Senior Assistant County Attorney, Martin County John Maehl, Eco-Systems Manager, Martin County Sarah Woods, County Attorney, Martin County Jason Brown, County Administration, Indian River County Dylan Reingold, County Attorney, Indian River County Kathleen Keenan, Legislative Affairs, Indian River County INVOCATION The St. Lucie County Administrator Howard Tipton led the invocation. 2. PLEDGE OF ALLEGIANCE Joseph Flescher, Chairman, Indian River County Board of County Commissioners, led the Pledge of Allegiance. 3. INTRODUCTIONS The commission members, county administrators, county attorneys, and legislative affairs coordinators from each county introduced themselves and attending staff members. HOST WELCOME Dr. Timothy Moore, Indian River State College President, gave opening remarks. MA 9W:19I411X0_Al9[Q L1I1►k1:10101111419[#1►&I The following delegate members addressed the joint boards with a brief overview of upcoming projects and programs within each district regarding Job opportunities, Non-profit organizations, Local Bills, Crime prevention, Education, Teachers, Water Quality, Agriculture, Roadway Improvements, and Regional transportation issues. Florida Senate Gayle Harrell, District 25 Florida House of Representatives 21Page Page 39 of 427 Tri-County Meeting Tuesday, October 26, 2021 9:00 AM John Snyder, District 82 s Dana Trabulsy, District 84 Kaylee Tuck, District 55 Toby Overdorf, District 83 4. PUBLIC COMMENT Indian River County Chair Joseph Fletcher opened the meeting for public comment at this time. • Kelly Jackson presented to the Board information regarding integrative health. No one else wishing to speak to the joint Boards, Chair Joseph Fletcher closed public comment. 5. DISCUSSION ITEMS COUNTY PRESENTATIONS a. Medical Examiner Funding Request for a New Facility — Patricia A. Aronica, District Chief Medical Examiner, District 19, presented the following recommendations for a new facility request. The medical examiner has outgrown the current facility and has no room for coolers, no safe, secure place to store files, white powder spraying onto bodies, trays, and floors; aluminum oxide, extreme heat, and condensation build-up in the autopsy room, with excess rust on equipment, no separate room for decomposed remains. The biggest problem is the need for adequate space for employees and proper storage for descendants and materials. At this time, the facility is in Phase II violation. A new facility would provide much -needed space for the current needs and continued growing population needs: • Prevention of a NAME accreditation Phase II violation • More room and proper storage of decedents • Facility with coolers away from outside walls for proper insulation • No more storing bodies outside of the facility and no doubling up of trays • No unexpected hazards like wet floors, bodily fluids backing up into the street, and breathing in unknown white powders • Separate decomposition room which would double as an infectious case room (COVID) • Viewing room for families; standing guard over comrades • Family room for private conversations with families • Sterile room for tissue recovery • Conference space/library for depositions and lectures increasing education The financing for the new facility will not be an easy task, searching for grants and possibly getting negative results. The request will call for Senators, governors, and grant writers from the counties, college, and the American Rescue Plan Act Economic Adjustment for assistance. It would be necessary for each county to find funding for this critical issue. 3 1 PagE Page 40 of 427 Tri-County Meeting Tuesday, October 26, 2021 9:00 AM b. Designating the Indian River Lagoon as a "No Discharge Zone." Peter O'Bryan, Indian River County Commissioner, presented an update on the Indian River Lagoon. In an effort for the joint counties to work together on the Federal Environmental Protection Agency (EPA) "No - Discharge Zone" program prohibiting boats from discharging treated or untreated sewage into water bodies. Any size boat with a restroom would need to go to a land -based discharge facility or mobile pump - out service. Senate Bill 1086 states effective immediately upon approval by the Federal Environmental Protection Agency (EPA), the application would be practical statewide; any aquatic preserve in Florida will become a no -discharge zone. There are currently three (3) no -discharge zones in Florida: Destin Harbor, the Florida Keys Marine Sanctuary, and Key West. The current water waste discharging issue within the Treasure Coast continues to increase with the population growth. c. Treasure Coast Regional Transportation Update Peter Buchwald, Executive Director of the St. Lucie Transportation Planning Organization, presented the most recent regional transportation plans and efforts of the Treasure Coast projects to preserve capacity and improve our transportation system's security, safety, and reliability. Such as the SR-9/1-95 Multimodal Master Plan from Palm Beach/Martin County Line to Indian River/Brevard County Line completed last year by the Florida Department of Transportation (FDOT). The 1-95 mainline needs and potential impacts: • Add Managed Lane from Palm Beach County line to SR 70 • Add 16 feet to roadway width, assuming all design standards are met for lanes and shoulders. • Widening to 8-Lanes noted in Long Range Transportation Plans (LRTPs) • Project Development and Environment Study (PD&E) Phase Programmed for 2025 The project and study limits are located in Palm Beach, Martin, and St. Lucie Counties from the north of West Indiantown Road (SR 706) to north of Okeechobee Road (SR 70), approximately 37miles long. The Transportation Systems Management and Operations (TSM&O) Mater Plan for Martin, St. Lucie, and Indian River will take a real-time approach for capacity lost due to recurring congestion and congestion created by traffic incidents. The 2040 Treasure Coast Regional Long Range Transportation Plan prioritized 179 projects for Martin, St Lucie, and Indian River Counties to include roadway, transit, and non -motorized needs. The top 10 projects are: • Kings highway from North of 1-96 overpass to Indrio Road -Widen 2 to 4 lanes • Roseland Road from CR 512 to US1-Widen 2 to 4 lanes • US1 from Cove Road to Indian River County/Brevard County Line — Corridor Retrofit • US1 from Hobe Sound to Sebastian — Bus Rapid Transit (BRT) • CR 512 from 1-95 to CR 510 -Widen 4 to 6 lanes • St. Lucie West Boulevard from East of 1-95 to Cashmere Boulevard — Widen 4 to 6 lanes • Midway Road from Glades Cut -Off Road to Selvitz Road — Widen 2 to 4 lanes • Indian River Boulevard from US % Street to 37th Street- Widen 4 to 6 lanes • Glades Cut -Off Road from Commerce Center Drive to Selvitz Road- Widen 2 to 4 lanes • Port St. Lucie Boulevard from Becker Road to Parr Drive — Widen 2 to 4 lanes 41Page Page 41 of 427 Tri-County Meeting Tuesday, October 26, 2021 9:00 AM Mr. Buchwald also provided the background for projects identified (Florida SUN Trail, Airport/Port, Passenger Rail, Transportation Management Technologies, Bus Rapid Transit/Retrofit) in the elevated Regional Needs Plan based on quantitive criteria mobility needs, and master plan and reinvestment strategies. Each project is ranked on the relative urgency of each roadway network. There was a discussion amongst the Tri-County Boards regarding whether the upcoming projects should be a regional cost or an individual County cost. d. Martin County's Septic to Sewer Program Don Donaldson, Martin County Deputy County Administrator, presented a brief overview of Martin County's Septic Sewer 10-year connect to protect the Grinder/ Vacuum Sewer Program. The comprehensive approach to providing cost-effective residential connection to the central sewer system. The sewer infrastructure would be available to connect approximately 10,000 parcels with a potential nutrient reduction of up to —100k Ibs TN/yr and "23K Ibs TP/yr to within the service area. The $160M infrastructure investment for sewer and some water connection in the comprehensive funding plan for the Solar Energy Fund (SELF) Program offered to homeowners with: • No maintenance for the homeowner • No more pumping, inspections, or maintaining drain fields • No environmental pollution and potential contamination of watersheds • Guaranteed quality installation by MCU approved contractors • Affordable on -bill payment plan available through MCU and SELF • Special $1,000 incentive from MCU during sign-up The refined priority of the septic conversion areas is based on a 2015 study in coordination with water and stormwater projects to reduce disruption. The program's success will be based on design, permitting for construction, customer service, financing/grants, policies and partnerships, and measurable benefits. 11:08 AM - Recess Taken 11:29 AM - Meeting reconvened ADDITIONAL DISCUSSION ITEMS a. Tri-County Guiding Principles Legislative Affairs coordinators from St. Lucie, Martin, and Indian River Counties prepared a list of legislative goals and principles common to the three counties for support. They presented the joint commissions with a summary of those goals in anticipation that the respective commissions would approve those goals in one of their regular commission meetings. The joint commissions discussed aspects of the various legislative priorities. The following is a summary of the common legislative goals presented. S1Page Page 42 of 427 Tri-County Meeting Tuesday, October 26, 2021 9:00 AM Home Rule opposes Unfunded Mandates and opposes efforts to reduce local government revenue sources or limit flexibility in spending. Nicole Fogarty, St. Lucie County Legislative Affairs Director, presented the following legislative recommendations: • opposition to legislation that would create cost shifts from traditional state responsibilities • circumvent local oversight of development or tax issues • limit local control of critical services • impact the ability to provide a responsive and reflective local government to constituents • additional financial flexibility for local budgets Economic Develoament Initiatives contribute to the further diversification of our state and local economies and support tourism and cultural foundations upon regional impact. Kloee Ciuperger, Martin County Legislative Coordinator, presented the following legislative recommendations for total funding of: • Visit Florida • Enterprise Florida • Florida Job Growth Grant Fund • The Department of State's Arts and Cultural Grants • Reinstatement of the Qualified Targeted Industries Tax Refund Program Environmental and Natural Resources that protect Florida's fragile environment, strengthen the resilience against the impacts of climate change, address the stresses and impacts of continued growth on the Lagoon, lakes, rivers, streams, beaches, and ocean. Kloee Ciuperger, Martin County Legislative Coordinator, presented the following legislative recommendations for stand-alone legislation. With the appropriation request for water and environmental projects critical to the county's region, comprehensive Everglades restoration, beach and inlet management, restoration, and investments in the health and sustainability of the Indian River Lagoon. Robust investment in public infrastructure that supports planned and potential growth strengthens transportation and communication networks and provides residents greater mobility and accessibility. Kathleen Keenan, Legislative Affairs, Indian River County, presented the following legislative recommendation for total funding for Florida's Transportation Five -Year Work Plan through the State Transportation Trust Fund, including appropriate funding for: • Road Construction • Public transit • Deepwater seaports (Port of Fort Pierce) 61Page Page 43 of 427 Tri-County Meeting Tuesday, October 26, 2021 9:00 AM • Strategic Intermodal System It also includes expanding state -supported broadband internet services to the rural and underserved areas, public access trail networks, and other investments that enhance the quality of life for all Treasure Coast residents. The three counties support a better partnership and cost share of critical public health and human services. Kathleen Keenan, Legislative Affairs, Indian River County, presented the following legislative recommendation to advocate for a cap on the county Medicaid cost growth, more robust funding for mental health and substance abuse treatment, and opposing efforts to modify or underfund the public health system and the role of county health departments. It also includes the appropriate statewide funding for homelessness, county -specific appropriations projects, total funding of the state's affordable housing trust fund, and Healthy Families and Community Healthcare Clinics. b. Thank you Letter to Governor Desantis for the Indian River Lagoon Wastewater Funding. On behalf of the Treasure Coast, a drafted letter to Governor Desantis was presented to the Joint Boards regarding Wastewater Grant Program funding that directly benefits the Indian River Lagoon. The consensus will be brought back to each board for the chair's signature on the approval of the letter. (draft attached) 6. MOTION TO ADJOURN The forum discussed matters common to the three counties, and no official vote could be undertaken. Joseph Flescher, Chairman, Indian River County Board of County Commissioners, thanked the legislative coordinators for putting the priorities together. With no other information to be brought for consideration before the Boards, the meeting was adjourned at 11:41 AM. Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court and available for inspection upon request. 7 1 PagE Page 44 of 427 October 26, 2021 Governor Ron DeSantis State of Florida The Capitol 400 S. Monroe St. Tallahassee, FL 32399-0001 Dear Governor DeSantis, On behalf of the Treasure Coast, we want to thank you for your continued investment in our region and the state of Florida's most precious natural resources. Recently, you appropriated record funding for wastewater projects that directly benefit the Indian River Lagoon to both Martin and Indian River County. You stated it best during your announcement of these funds that "these projects will protect and restore the lagoon for future generations." It is exciting to see the priorities of the state and local governments align as we work together to ensure the improvement and preservation of one of the most biodiverse bodies of water in the world. With the remaining funds allocated to fund the Wastewater Grant Program, we respectfully ask for your favorable consideration to fund each of our respective water quality projects. We look forward to continuing our strong relationship with the state to complete these vital projects, and together, we ask for your continued support for the Indian River Lagoon and Treasure Coast as we embark upon a new legislative session and budget year. You are always welcome to our communities, and we invite you to see the incredible environmental restoration and infrastructure improvements our collaboration lends to the beautiful and unique Treasure Coast. Sincerely, Joseph E. Flescher, Chairman Indian River County Board of County Commissioners Chris Dzadovsky, Chairman St. Lucie County Board of County Commissioners Stacey Hetherington, Chair Martin County Board of County Commissioners Page 45 of 427 6.A. PROCLAMATIONS APPROVAL EI IN N T 7 ' T 60, -�!2 TO: PRESENTED BY: SUBMITTED BY: AGENDA REQUEST Board of County Commissioners Daniel McIntyre, County Attorney County Attorney DATE: 11/16/2021 *RESOLUTION ITEM - PROCLAMATION SUBJECT: Resolution No. 21-403 - Congratulating the Florida Atlantic University Harbor Branch Oceanographic Institute on 50 years of World -Class Research Fueled by the Spirit of Ocean Exploration BACKGROUND: Florida Atlantic University has requested that this Board proclaim the 50th Anniversary of Florida Atlantic University Harbor Branch Oceanographic Institute in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. CdIePI I► A I h*9 [6P► WiTok i [GP► F RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 01, 2021 Daniel McIntyre, County Attorney Date: November 08, 2021 Mark Satterlee, Deputy County Administrator Page 46 of 427 RESOLUTION NO. 21-403 A RESOLUTION CONGRATULATING THE FLORIDA ATLANTIC UNIVERSITY HARBOR BRANCH OCEANOGRAPHIC INSTITUTE ON 50 YEARS OF WORLD -CLASS RESEARCH FUELED BY OCEAN EXPLORATION IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Founded in 1971 by Seward Johnson and Edwin Link, Florida Atlantic University Harbor Branch Oceanographic Institute has provided 50 years of groundbreaking research and exploration to address the critical issues facing the oceans and impacting human health and well-being. 2. From developing new cancer therapies, to working on cutting edge aquaculture techniques for global food security, to tackling toxic algal blooms, FAU Harbor Branch has remained steadfast in the pursuit of Ocean Science for a Better World°. 3. Over the course of 50 years, program expansion at FAU Harbor Branch marine scientists, engineers, educators, and students have grown to serve as a valuable community resource, increasing the reach to over 100 miles along Florida's east coast, and remain a trusted leader for marine and ocean science research, conservation, and education worldwide. 4. FAU Harbor Branch was founded in the spirit of ocean exploration to unveil the mysteries of the deep. 5. To this day, FAU Harbor Branch relentlessly pursues innovative ocean research, while providing top -tier educational programs that will lead us to solve the most pressing issues facing our oceans. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida that this Board does hereby congratulate Florida Atlantic University Harbor Oceanographic Institute on 50 Years of World -Class Research fueled by the spirit of Ocean Exploration in St. Lucie County, Florida. This Board further urges the citizens of St. Lucie County to learn more about Florida Atlantic Harbor Oceanographic Institute's tours, exhibitions, programs, lectures and events in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 16th day of November 2021. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Page 47 of 427 6.13. PROCLAMATIONS APPROVAL 11, 11 � 11: - I r CC IN N T 7 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel McIntyre, County Attorney County Attorney DATE: 11/16/2021 *RESOLUTION ITEM - PROCLAMATION Resolution No. 21-408 - Recognizing The Efforts of the Port St. Lucie Business Women and Proclaiming November 19, 2021, as "Women's Entrepreneurship Day" It has been requested that this Board recognize the Port St. Lucie Business Women for their constant and continuing efforts and leadership towards positively impacting our community. The attached resolution has been drafted for that purpose. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 07, 2021 Daniel McIntyre, County Attorney Date: November 08, 2021 Mark Satterlee, Deputy County Administrator Page 48 of 427 RESOLUTION NO. 21-408 A RESOLUTION RECOGNIZING THE EFFORTS OF THE PORT ST. LUCIE BUSINESS WOMEN AND PROCLAIMING NOVEMBER 19, 2021, AS "WOMEN'S ENTREPRENEURSHIP DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Port St. Lucie Business Women have operated as an independent organization, separate from any national or international entity, free to set forth its own mission, goals, and agendas. From four Founding members in 1980, they have grown strong and evolved into a professional women's organization representing a variety of businesses and levels of management, government officials, entrepreneurs, and women business owners. 2. Their continued commitment to the community while providing leadership through action has been steady throughout their history and continues strongly today. 3. Their 40th Anniversary Brick Pathway Project brought in critical funds throughout the pandemic, continuing to provide much needed Community Grants and Scholarships for local women and children. In 2020, PSLBW awarded their highest number of Grants to these local agencies. 4. Recognized during Women's Entrepreneurship Day, they stand as a strong example with its large majority of women owned small businesses. Women in business provide and promote revenue to their community and support local organizations, schools, and Community Projects. They inspire and create more opportunities and mentorships for other women and young girls to succeed. They have offered seminars and other community programs to address the concerns of business women and offer learning opportunities for community members, as well as provide career mentoring to young women. 5. Beginning their fourth decade, the Port St. Lucie Business Women continue to support and serve many communities needs in a positive manner. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida that this Board does hereby proclaim November 19, 2021, as "Women's Entrepreneurship Day" in St. Lucie County, Florida and recognize the Port St. Lucie Business Women for their outstanding community service efforts to St. Lucie County. PASSED AND DULY ADOPTED this 16th day of November 2021. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM & CORRECTNESS: County Attorney Page 49 of 427 �l; LLit`VG TO: PRESENTED BY: BACKGROUND: PREVIOUS ACTION: FINANCIAL IMPACT: RECOMMENDATION: Staff recommends COMMISSION ACTION: AGENDA REQUEST Board of County Commissioners County Administration 7.A. 2021-52642 -PRESENTATIONS DATE: 11/16/2021 *DISCUSSION ITEM QUASI-JUDICIAL ITEM? No Clerk and Comptroller Fiscal Year 2021 Excess Fee Presentation - Michelle Miller, St. Lucie County Clerk of the Circuit Court RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Daniel McIntyre, County Attorney Coordination/Signatures Date: Date: Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Date: Date: Page 50 of 427 Howard Tipton, County Administrator Page 51 of 427 �l; LLit`VG TO: PRESENTED BY: BACKGROUND: PREVIOUS ACTION: FINANCIAL IMPACT: RECOMMENDATION: Staff recommends COMMISSION ACTION: AGENDA REQUEST Board of County Commissioners County Administration 7.B. 2021-52677 -PRESENTATIONS DATE: 11/16/2021 *DISCUSSION ITEM QUASI-JUDICIAL ITEM? No Veterans Day Report - Diana Wesloski, Community Services Director, St. Lucie County RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Daniel McIntyre, County Attorney Coordination/Signatures Date: Date: Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Date: Date: Page 52 of 427 Howard Tipton, County Administrator Page 53 of 427 10/29/21 FZABWARR FUND TITLE 001 001009 001599 001629 001630 001834 101 101001 102 102001 107 107001 107003 107006 113 114 116 117 119 123 127 128 136 138 140 140001 140409 150 183 189117 190 310003 310005 310007 310008 319 324802 401 471 491 505 505001 611 625 630 ST. LUCIE COUNTY - BOARD WARRANT LIST #57- 23-OCT-2021 TO 29-OCT-2021 FUND SUMMARY General Fund Gen -One Time Funding US HUD Small Cities CDBG US Treasury ERA City of PSL US Treasury American Rescue Plan TCERDA Transportation Trust Fund Transportation Trust Interlocals Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Airport Fund Port Fund FDOT Taxiway E Demolition Impact Fee Collections Ct Administrator-19th Judicial Cir HUD SLC HOME Consortium FY2020 Sports Complex Fund Impact Fees -Public Buildings Impact Fees -Law Enforcement Impact Fees -Library "B" Impact Fees -Parks "B" Infrastructure Surtax Capital FIND-Fishermans Wharf Bulkd Constr Sanitary Landfill Fund Water & Sewer District Operations Building Code Fund Health Insurance Fund Risk Management Fund Tourist Development Trust-Adv Fund Law Library Medical Examiner Agency Fund GRAND TOTAL: EXPENSES 70,022.37 12,125.00 451.25 54,854.00 17,380.90 4,000.00 5,401.80 315.00 7,582.46 104.58 83,575.37 4,427.47 3,054.70 3.95 253.01 620.97 701.14 155.87 850.85 410.26 535.89 652.04 2,495.33 338.28 14,531.19 16,854.32 80,989.00 63,189.71 522.05 114.57 55,700.04 350.40 191.23 264.96 50,299.86 4,787.50 11,098.41 103,867.05 22,935.73 47,517.71 794.99 46.09 16,825.53 4,305.83 5,735.00 771,233.66 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 11 48 Page 54 of 427 10/29/21 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #4 - 23-OCT-2021 TO 29-OCT-2021 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 1,176,530.63 750,277.85 001481 FDOT FLEX ROUTE SFY2019 0.00 321.70 001482 FDOT 25th St Route SFY2019 0.00 214.46 001494 FCTD Trans. Plan. Grant FY21-22 0.00 793.29 001585 CSBG 2017 0.00 4,776.23 001620 NOAA NAAEE Watershed Ed. Grant 300.00 0.00 001623 FHA Section 112/MPO/FHWA Planning 0.00 10,002.81 001624 FHA Surface Transportation Block Gr 0.00 2,541.07 001626 FTA5310 FFY2017 Mobility Mgmnt 0.00 1,976.40 001628 U.S Treasury Emer. Rent Assistance 198,080.47 192.38 001629 US Treasury ERA City of PSL 197,464.30 192.38 001630 US Treasury American Rescue Plan 4,400.00 13,586.71 001631 FEMA Direct Administrative Costs 0.00 1,892.83 001633 US HUD Continuum of Care -Veterans 0.00 338.92 001634 US HUD Continuum of Care Chronic 0.00 338.92 001635 US HUD Continuum of Care -Family 0.00 169.50 001834 TCERDA 2,776.04 2,579.20 001835 Artificial Reef Program 0.00 2,244.80 001836 Urban Institute -Mobility Metrics BT 0.00 2,680.00 101 Transportation Trust Fund 32,134.99 155,452.22 101001 Transportation Trust Interlocals 0.00 2,000.30 102 Unincorporated Services Fund 28,215.50 65,207.19 102001 Drainage Maintenance MSTU 20.00 30,590.07 105208 State Aid to Libraries FY2021 3,800.00 0.00 107 Fine & Forfeiture Fund 54,027.53 196,330.55 107001 Fine & Forfeiture Fund -Wireless Sur 2,392.65 14,294.53 107002 Fine & Forfeiture Fund-E911 Surchar 0.00 1,877.52 107006 F&F Fund -Court Related Technology 91,641.77 15,100.26 107009 F&F One -Time Funding 0.00 1,899.20 107199 SCAAP 2017 3,983.61 0.00 107503 SCARP 2019 9,747.25 0.00 129 Parks MSTU Fund 8,064.00 0.00 130 SLC Public Transit MSTU 0.00 8,082.01 130241 FDOT FY20 Lakewood Park Corridor -Tr 0.00 536.16 140 Airport Fund 1,515.11 25,470.40 140001 Port Fund 15,468.07 6,310.00 150 Impact Fee Collections 5,242.87 4,828.00 160 Plan Maintenance RAD Fund 14.50 4,361.05 183 Ct Administrator-19th Judicial Cir 6,210.85 5,217.07 185020 SHIP 2019/2020 5,700.00 0.00 190 Sports Complex Fund 18,700.76 24,083.70 324802 FIND-Fishermans Wharf Bulkd Constr 17,244.80 0.00 401 Sanitary Landfill Fund 425,355.57 123,013.83 418 Golf Course Fund 6,770.35 7,962.83 471 Water & Sewer District Operations 16,482.64 63,169.24 491 Building Code Fund 2,554.15 72,902.83 505 Health Insurance Fund 231,887.15 5,078.47 505001 Risk Management Fund 500.00 6,246.56 90 Page 55 of 427 10/29/21 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #4 - 23-OCT-2021 TO 29-OCT-2021 FUND SUMMARY FUND 611 625 630 801 TITLE Tourist Development Trust-Adv Fund Law Library Medical Examiner Agency Fund Bank Fund EXPENSES 6,890.60 879.34 2,540.18 61,029.61 PAGE 2 PAYROLL 8,532.00 0.00 46,370.88 0.00 GRAND TOTAL: 2,638,565.29 1,690,036.32 91 Page 56 of 427 11/05/21 FZABWARR FUND TITLE 001 001009 001585 001623 001628 001629 001630 001834 101 102 102001 107 107001 107003 107006 107197 107502 107506 107507 111 112 120 122 126 139 140 140001 140142 140405 140801 150 181 183 190 191 310002 310007 310008 310100 316 319 401 418 471 478 479 491 505 General Fund ST. LUCIE COUNTY - BOARD WARRANT LIST #5 - 30-OCT-2021 TO 05-NOV-2021 FUND SUMMARY Gen -One Time Funding CSBG 2017 FHA Section 112/MPO/FHWA Planning U.S Treasury Emer. Rent Assistance US Treasury ERA City of PSL US Treasury American Rescue Plan TCERDA Transportation Trust Fund Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology 2018 Edward Byrne Memorial Justice DOJ 2019 Edward Byrne Memorial JAG DOJ 2020 Coronavirus Grant USDOJ Edward Byrne JAG FY20 River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Palm Grove Fund Airport Fund Port Fund FHA CARES Act Airport Grants Agreem FDEP Taylor Creek Restoration Proje SFWMD/FIND Taylor Creek Restore Impact Fee Collections SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Sports Complex Fund SLC Sustainability District Impact Fees -Parks Impact Fees -Library "B" Impact Fees -Parks "B" Oleander Avenue Sidewalk County Capital Infrastructure Surtax Capital Sanitary Landfill Fund Golf Course Fund Water & Sewer District Operations Water & Sewer District R&R Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund EXPENSES 289,581.33 19,936.04 30.00 8, 949.24 181,275.46 104,200.75 8, 656.29 337.00 56,028.95 10,182.80 15,132.80 44,536.17 42,183.95 4,133.36 2,477.94 10,848.60 3,879.51 2,494.20 1,385.68 3,570.56 839.01 236.07 1,123.92 178.04 1,047.92 5, 693.19 2,102.03 783.84 72,920.00 15,675.00 1, 991.17 28.51 1,918.34 14,085.92 24.06 894.50 409.08 8,521.30 113,964.19 51,409.00 10,586.88 233,044.76 3,020.55 10,535.48 1,367.13 2,202.00 14,610.42 206,646.28 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Page 57 of 427 11/05/21 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #5 - 30-OCT-2021 TO 05-NOV-2021 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 505001 Risk Management Fund 1,103,116.76 0.00 611 Tourist Development Trust-Adv Fund 500.00 0.00 625 Law Library 401.00 0.00 630 Medical Examiner Agency Fund 2,971.32 0.00 655 Insurance Agency Fund 118,726.00 0.00 GRAND TOTAL: 2,811,394.30 0.00 69 Page 58 of 427 TO: PRESENTED BY SUBMITTED BY: CIIRIFr7r- BACKGROUND: AGENDA REQUEST Board of County Commissioners Nicole Fogarty, Legislative Affairs Director Legislative Affairs 8.B.1. 2021-52616 CONSENT AGENDA - ADMINISTRATION DATE: 11/16/2021 *ACTION ITEM - BOARD ACCEPTANCE QUASI-JUDICIAL ITEM? No Treasure Coast 2022 TriCounty Legislative Priorities On October 26, 2021, the County Commissions from St. Lucie, Martin and Indian River Counties met to discuss their mutual state and federal legislative priorities. This document is the consensus from that meeting. PREVIOUS ACTION: In October of 2019, the Board accepted the 2020 Treasure Coast TriCounty Legislative Priorities. FINANCIAL IMPACT: N/A 13:1410Iuluhlil17_l9[Q0F Staff recommends the Board to approve the priorities as set from the TriCounty Commission meeting and instruct staff to distribute them to our State and Federal Legislative Delegation. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Page 59 of 427 Date: November 08, 2021 Nicole Fogarty, Legislative Affairs Director Date: November 08, 2021 Daniel McIntyre, County Attorney Date: November 10, 2021 Howard Tipton, County Administrator Page 60 of 427 Tri-County Legislative Program Guiding Principles In an effort to streamline and optimize the annual Legislative Program, the partnership of St. Lucie, Martin and Indian River Counties, submit the following Guiding Principles that will overlay our collective approach to the development and approval of legislative priorities both now and in the months and years ahead. These principles are designed to reflect an approach to legislative advocacy and engagement deeply rooted in the importance and autonomy of home rule governance, in addition to an appreciation for the vital role played by our state partners, and a desire to contribute to the public policy dialogue on behalf of our shared constituents in a meaningful and consistent way. The Three Counties support Home Rule, oppose Unfunded Mandates, and oppose efforts to reduce local government revenue sources or limit flexibility in how they are spent. This guiding principle includes the Counties' opposition to legislation that would create cost shifts from traditionally state responsibilities, circumvent local oversight of development or tax issues, limit local control of critical services, or impact our ability to provide a responsive and reflective local government to our constituents. We also support legislation that creates additional financial flexibility for local budgets, enhances local control of policies and procedures impacting our residents and allows our Counties to — with the utmost responsiveness — meet the needs of the community. The Three Counties support efforts and investment in Economic Development initiatives that both contribute to the further diversification of our state and local economies, and support tourism and cultural foundations upon which so much of our regional impact depends on. This guiding principle includes the Counties' support for things such as full funding for Visit Florida, Enterprise Florida, the Florida Job Growth Grant Fund, the Department of State's Arts and Cultural Grants, and reinstatement of the Qualified Targeted Industries Tax Refund program. The Three Counties support key investments into Environmental and Natural Resources that protect Florida's fragile environment, strengthen our resilience against the impacts of climate change, address the stresses and impacts of continued growth on our Lagoon, lakes, rivers, streams, beaches, and ocean. This guiding principle includes stand-alone legislative appropriation requests for water and environmental projects critical to the counties and region, comprehensive Everglades restoration, beach and inlet management and restoration, and investments into the health and sustainability of the Indian River Lagoon. The Three Counties support robust investment in public infrastructure that supports both planned and potential growth, strengthens transportation and communication networks, and provides greater mobility and accessibility for our residents. This guiding principle includes full funding of Florida's Transportation Five -Year Work Plan through the State Transportation Trust Fund including appropriate funding for road construction, public transit, deep water seaports such as the Port of Fort Pierce, and the Strategic Intermodal Page 61 of 427 System. It also includes expansion of state -supported expansion of broadband internet services to rural and underserved areas, public access trail networks and other investments that enhance the quality of life for all Treasure Coast residents. The Three Counties support better partnership and cost share of critical public health and human services. This guiding principle includes advocating for a cap on county Medicaid cost growth, more robust funding for mental health and substance abuse treatment, and opposing efforts to modify or underfund the public health system and the role of county health departments. It also includes appropriate statewide funding for homelessness, county -specific appropriations projects, full funding of the state's affordable housing trust fund, and funding for Healthy Families and Community Healthcare Clinics. Page 62 of 427 AGENDA REQUEST TO: Board of County Commissioners 8.B.2. 2021-52617 CONSENT AGENDA - ADMINISTRATION DATE: 11/16/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No PRESENTED BY: Nicole Fogarty, Legislative Affairs Director SUBMITTED BY: Administration SUBJECT: Thank You Letter to Governor Ron DeSantis for the Indian River Lagoon Wastewater Funding BACKGROUND: On October 26, 2021, the TriCounty Commission discussed the following letter, a thank you letter to Governor Ron DeSantis for his continued support in critical environmental estuaries, specifically the Treasure Coast's Indian River Lagoon. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board authorize the Chair to sign the letter and instruct staff to work with Martin and Indian River Counties to distribute this letter to our State Delegation. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Page 63 of 427 Coordination/Signatures Daniel McIntyre, County Attorney Howard Tipton, County Administrator Date: November 01, 2021 Date: November 01, 2021 Page 64 of 427 October 26, 2021 Governor Ron DeSantis State of Florida The Capitol 400 S. Monroe St. Tallahassee, FL 32399-0001 Dear Governor DeSantis, On behalf of the Treasure Coast, we want to thank you for your continued investment in our region and the state of Florida's most precious natural resources. Recently, you appropriated record funding for wastewater projects that directly benefit the Indian River Lagoon to both Martin and Indian River County. You stated it best during your announcement of these funds that "these projects will protect and restore the lagoon for future generations." It is exciting to see the priorities of the state and local governments align as we work together to ensure the improvement and preservation of one of the most biodiverse bodies of water in the world. With the remaining funds allocated to fund the Wastewater Grant Program, we respectfully ask for your favorable consideration to fund each of our respective water quality projects. We look forward to continuing our strong relationship with the state to complete these vital projects, and together, we ask for your continued support for the Indian River Lagoon and Treasure Coast as we embark upon a new legislative session and budget year. You are always welcome to our communities, and we invite you to see the incredible environmental restoration and infrastructure improvements our collaboration lends to the beautiful and unique Treasure Coast. Sincerely, Joseph E. Flescher, Chairman Indian River County Board of County Commissioners Chris Dzadovsky, Chairman St. Lucie County Board of County Commissioners Stacey Hetherington, Chair Martin County Board of County Commissioners Page 65 of 427 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Erin Cartmill, Sr. Outreach Coordinator County Administration 8.B.3. 2021-52611 CONSENT AGENDA - ADMINISTRATION DATE: 11/16/2021 *ACTION ITEM - GRANT ACCEPTANCE QUASI-JUDICIAL ITEM? No Grant and Grant Resolution Acceptance - Florida Humanities Council American Rescue Plan Grant - THIS ITEM IS RELATED TO THE AMERICAN RESCUE PLAN - ITEM PLACEMENT MODIFIED The Florida Humanities Council (FHC) contacted the Environmental Education and Community Outreach Division (EECO) to express that they were impressed with the success of previous FHC funded programs they had worked on together with EECO and requested that EECO consider applying for the FHC American Rescue Plan Grant (ARP). The FHC ARP Grant is $25,000 and requires no match. With this round of funding, EECO plans to procure a part-time Program Specialist at the Oxbow Eco-Center to help grow and support EECO's diverse array of public programs that incorporate Florida humanities initiatives. Programs will include expansion of ERD's volunteer opportunities, virtual learning programs, educational displays & exhibits, public in -person programs, community events, and outreach. PREVIOUS ACTION: Approval to apply was granted on October 25, 2021. FINANCIAL IMPACT: The total project cost is $25,000, with no match. 001641-7912-534000-790000 RECOMMENDATION: Staff recommends the Board approve acceptance of the Florida Humanities American Rescue Plan Grant; and authorize the Chair to sign documents as approved by the County Attorney. The $25,000.00 Florida Humanities ARP Grant was awarded to the Environmental Education and Community Outreach Division and will provide short term general operating funds to support immediate organizational needs aligned with delivery of public humanities programming and resources within St. Lucie County communities. There is no match requirement for this funding. Page 66 of 427 COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 02, 2021 Amy Griffin, Environmental Resources Director Date: November 02, 2021 Jennifer Hill, Office of Management & Budget Director wil/' Date: November 07, 2021 Daniel McIntyre, County Attorney Date: November 08, 2021 Alphonso Jefferson, Deputy County Administrator Page 67 of 427 Florida Humanities - 2021 "American Rescue Plan" Grant Agreement This Agreement sets forth the terms and conditions upon which Florida Humanities has provided funding to the Grantee for the purposes specified in their approved 2021 Florida Humanities "American Rescue Plan" (ARP) grant application. All grants are funded through the National Endowment for the Humanities with funds from the American Rescue Plan passed by Congress on March 15, 2021. Agreement Number: GR_1121_ARP_108 Grantee: Oxbow Eco-Center Contract period: November 1, 2021- July 31, 2022 Award Amount: $25,000.00 Funding Detail: External consultants ($20,000, Program Specialist); Technology ($5000, Videography services) Grantee agrees to administer the awarded funds in compliance with the following General Provisions and Certifications. GENERAL PROVISIONS Payee and Project Director: All funds will be made payable to the Grantee identified above. Any changes to payee must be approved by Florida Humanities. Assigned Project Director is responsible for the fiscal management of all grant funding and submission of required final reports. Release of Funds: The funds to be provided may only be spent in accordance with the provisions of the Florida Humanities "American Rescue Plan" (ARP) application and operating expenses as approved by Florida Humanities. Upon submittal to Florida Humanities of an electronically signed Grant Agreement and Payment Request Form, the awarded funds will be disbursed in one full payment. Any funds provided and not expended according to the approved grant application budget must be returned to Florida Humanities. Due to federal reporting requirements, Grantee must have an active DUNS number in orderto release payment of grant funds. Changes: The grant application submitted by the Grantee is part of this contract and Grantee will expend the awarded funds within the contract period and for the approved operating expenses noted above. Any significant changes to the approved expenses, the duration of the contract, or the identified project director must be approved by Florida Humanities. Unapproved changes may result in loss of some or all funds covered by this Agreement. Financial Reporting / Sponsor Cost Share: Grantee must provide a final financial report detailing expenditure of all Florida Humanities funds within the contract period. All receipts and other financial records must be kept by Grantee for potential audit for a period of at least five years after the Agreement closes. Per the National Endowment for the Humanities, no cost share is required for this contract. Limitations on the Use of Funds: Grantee must comply with all allowable cost principles outlined in Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards. All awarded funds must be fully expended within the contract period but may also include pre -award costs incurred no earlier than March 15, 2021. Page 68 of 427 Acknowledgement of Support and Disclaimer: All public announcements of this award must contain the following acknowledgement: Funding has been provided to [grantee] from Florida Humanities through the National Endowment for the Humanities (NEH) as part of the American Rescue Plan Act of 2021. NEH is committed to Sustaining the Humanities through the American Rescue Plan. Whenever possible, the acknowledgement should also include: • Florida Humanities logo and NEH American Rescue Plan logo found at: www.floridahumanities.org/ARP • The following disclaimer statement: Any views, findings, conclusions, or recommendations expressed by (grantee), do not necessarily represent those of Florida Humanities or the National Endowment for the Humanities. Please note that acknowledgement of Florida Humanities "American Rescue Plan" funding must not be attached to individual programs, products or resources associated with the Grantee as all support is for general operating expenses only. Final Reporting: Grantee must electronically submit required final reports in their on-line account within 30 days of final expenditure of all awarded funds or by the closing date of the contract period, whichever occurs first. Federal Award Identification: Florida Humanities is required to provide the following federal funding information: Subrecipient Name: Subrecipient DUNS #: Federal Agency Identification Number: Award date: Subaward period of performance: Amount of federal funds obligated by this action: Amount of federal funds awarded to subrecipient; Total amount of Florida Humanities federal award Federal award project description (FFATA) Name of pass thru entity (PTE): CFDA #: Oxbow Eco-Center 790257658 ZSO-283172-21 06/09/21 11/01/21 — 7/31/22 $25,000.00 $25,000.00 $2,035,697 Humanities Councils American Rescue Plan Funding Florida Humanities Council, Inc. (Florida Humanities) 45.129 CFDA Title: Promotion of the Humanities Federal -State Partnership Indirect Cost Rate for the Federal Award: N/A Termination: Florida Humanities reserves the right to terminate this Agreement at any time if, in sole discretion, it determines that the Grantee has made any misrepresentations, has in any way misappropriated Florida Humanities funds, or has done anything inconsistent with the signed Agreement. Contact information for Florida Humanities: All questions related to administration of this contract should be addressed to: Patricia Putman, Associate Director Florida Humanities 599 2"d Street South St. Petersburg, FL 33701 pputman@flahum.org - 727/873-2004 Page 69 of 427 CERTIFICATIONS By signing this Agreement, Grantee certifies compliance with the following government -wide requirements: 1. Uniform Administrative Requirements: The uniform administrative requirements of the Office of Management and Budget Circular A-110 (2 CFR Part 200) apply to all grant recipients. 2. Non -Profit Status: Grantee certifies that the sponsoring organization is not an agency of the federal government, a for -profit business, or an individual. Upon request, Grantee will also provide official documentation (i.e. Articles of Incorporation, IRS determination letters, By -Laws, Constitutions, etc.) which demonstrate that the organization is either an unincorporated association, a non-profit or not -for -profit corporation. 3. Nondiscrimination Statutes: Grantee certifies that it will comply with the following non-discrimination statutes and their implementing regulations: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200d et seq.) b. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) c. The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) d. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) * see additional info below e. The Americans with Disabilities Act of 1990 (42 U.S.C. 12101-12213) 4. Lobbying Activities: Grantee certifies that it will comply with the Byrd Anti -Lobbying Amendment as described in (31 U.S.C. 1352) and (18 U.S.C. 1913). 5. Drug -Free Workplace Requirements: Grantees are required to maintain a drug -free workplace in accordance with the Drug -Free Workplace Act of 1988. 6. Debarment and Suspension: Grantees are prohibited from doing business with any organization or person if they have been debarred or suspended by any federal department or agency (2CFR Parts 180 and 3369). Grantee also certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency or Florida Humanities. 7. Labor Standards: Grantees are subject to the labor standards set forth in 29 CFR Part 505 and the Davis - Beacon Act as amended (40 U.S.C. 276a through 276a-5). * Accessibility: As part of this Agreement, Grantee agrees to comply with Section 504 of the Federal Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Resources available to ensure compliance with these regulations can be found at: http://dos.myflorida.com/cultural/info-and-opportunities/resources-by-topic/accessibility/ Grantees are encouraged to use the provided symbols to promote and publicize accessibility of your facilities, programs and other activities for people with various disabilities. Page 70 of 427 REQUIRED SIGNATURES By signing this Agreement, the Project Director acknowledges that they have been authorized by the Grantee to sign on its behalf and that they have read, understood and agree to the terms and conditions of the Agreement and will conform to all applicable government -wide requirements and certifications noted within. Project director also certifies that all grant expenditures will not overlap with other National Endowment for the Humanities grant and cooperative agreements and any other federal financial assistance including awards from other federal agencies, the Small Business Administration's Payroll Protection Program, or any other public or private sources of funding. .tZt_Z_ 10/19/2021 Patricia Putman, Associate Director, Florida Humanities Chris Dzadovsky, Board Chair St. Lucie County Board of County Commissioners Erin Cartmill, Environmental Education & Community Outreach Manager, Oxbow Eco-Center Agreement Number: GR_1121_ARP_108 Grantee: Oxbow Eco-Center Award Amount: $25,000.00 Florida HUMANITIES � Page 71 of 427 kc LUCE ��J AGENDA REQUEST TO: Board of County Commissioners 8.C.1. 2021-52634 CONSENT AGENDA -AIR & SEA PORT DATE: 11/16/2021 *ACTION ITEM - LEASE AGREEMENT QUASI-JUDICIAL ITEM? No PRESENTED BY: Eric Konupka, Airport Manager SUBMITTED BY: Air & Sea Port SUBJECT: Treasure Coast International Airport - Consent to Sublease Hangar Agreement between Fort Pierce FBO LLC., and The Department of Highway Safety and Motor Vehicles (Florida Highway Patrol) BACKGROUND: On November 1st, 2021, Fort Pierce FBO, LLC., entered into a Hangar Sublease agreement with the Florida Department of Highway Safety and Motor Vehicles, for a 1,000 square foot T-Hangar for aircraft storage located at 2982 Curtis King Blvd. Fort Pierce, within airport grounds. This agreement was reviewed by the County attorney's office and is aware of the State of Florida's form requirements. The State of Florida has also requested that they receive acknowledgement, acceptance and approval from the Board of County Commissioners prior to the state countersigning and finalizing the lease agreement. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board consent to the Sublease Hangar Agreement between Fort Pierce FBO, LLC and the Department of Highway Safety and Motor Vehicles, and requests the Chair to accept and authorize the consent. COMMISSION ACTION: RESULT: MOVER: SECONDER: None Page 72 of 427 AYES: None NAYS: None EXCUSED: None Coordination/Signatures Stan Payne, Director of Air & Sea Port i� Katherine Barbieri, Assistant County Attorney III Daniel McIntyre, County Attorney Howard Tipton, County Administrator Date: October 29, 2021 Date: November 08, 2021 Date: November 09, 2021 Date: November 10, 2021 Page 73 of 427 STATE OF FLORIDA r� 0 Standard Lease Agreement Department of Management Services Form 4054 Lease Number: 7 6 0: 0 5 7 0 Lease Commencement: 11/01/2021 Preamble THIS LEASE AGREEMENT is entered into this day of , 20 by and between those Parties listed below. Parties Lessee: Department of Highway Safety and Motor Vehicles Agency Name Address: 2900 Apalachee Parkway Tallahassee FL 32399 Street City State Zip Code Lessor: Fort Pierce FBO LLC., d/b/a APP Jet Center Lessor Name Address: 2982 Curtis King Blvd. Fort Pierce FL 34946 Street City State Zip Code FEID: 27-1275164 OR Social Security Number: 1. Description A. In consideration for the covenants and agreements made here, Lessor agrees to lease to Lessee those Premises (hereinafter the "Premises") described as: Description: 2982 Curtis King Blvd. Fort Pierce, Florida Building: APP THangars County: Saint Lucie Building Name Address: 2982 Curtis King Blvd. Fort Pierce FL 34946 Street City State Zip Code consisting of an aggregate area of 1,000 square feet of net rentable space measured in accordance with the Department of Management Services' Standard Method of Space Measurement. This space comprises approximately 5.0 % of the 20,000 net square feet in the building. B. Lessor shall also provide exclusive parking spaces and 1 nonexclusive parking spaces as part of this Lease Agreement. 2. Term & Renewals A. The Lease shall begin on: November 0 01 2021 Month Day Year and end at the close of business on October 0 31 2024 Month Day Year for a term of 36 months. B. Lessee, however, is hereby granted the option to renew this Lease for an additional upon the same terms and conditions as specified in Article 4. B. of this Lease. If Lessee desires to renew this Lease under the provisions of this Article, it shall give Lessor written notice thereof not more than six months nor less than three months prior to the expiration of the term provided in this Article or any applicable renewal period. Lessor Initial: Page 1 of 8 Form 4054 Lessee Initial: Rev. Date 8/15 Page 74 of 427 Lease Number: 7 6 0: 0 5 7 0 3. Notices, Rental Invoices & Rental Payments A. All Notices to be served upon Lessee shall be sent by receipted mail to: Lessee: Department of Highway Safety and Motor Vehicles Agency Name Address: 2900 Apalachee Parkway Tallahassee FL 32399 Street City State (Zip Code) B. All Notices to be served upon Lessor shall be sent by receipted mail to: Lessor: Fort Pierce FBO LLC., d/b/a APP Jet Center Lessor Name Address: 2982 Curtis King Blvd. Fort Pierce FL 34946 Street City State (Zip Code) C. Rental invoices shall be submitted monthly to Lessee at: Lessee: Department of Highway Safety and Motor Vehicles Lessee Name Address: 2900 Apalachee Parkway Tallahassee FL 32399 Street City State (Zip Code) D. Rental Payments shall be paid to Lessor at: Lessor: Fort Pierce FBO LLC., d/b/a APP Jet Center Lessor Name Address: 2982 Curtis King Blvd. Fort Pierce FL 34946 Street City State (Zip Code) 4. Rent The rent shall be payable the month following the month of occupancy in accordance with subsection 215.422, Florida Statutes. The rent for any fractional part of the first month shall be prorated. A. Base Term Lessee agrees to pay Lessor rent according to the following schedule: I Term Floor of Square Footage Rate Per Square Start End Building Per Floor Foot Monthly Rent Annual Rent MM/DD/ITT Tj (MM/DD/YYYY) 1st 1,000 $5.70 1,000 $5.99 1,000 $6.29 $475.00 11/01/2021 10/31/2022 $5,700.00 11/01/2022 10/31/2023 1st $499.17 $5,990.00 11/01/2023 - 10/31/2024 1st $524.17 $6,290.00 $0.00 - $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 - $0.00 $0.00 - $0.00 $0.00 - $0.00 $0.00 - $0.00 $0.00 - $0.00 $0.00 - $0.00 $0.00 Lessor Initial: Page 2 of 8 Form 4054 Lessee Initial: Rev. Date 8/15 Page 75 of 427 Lease Number: 7 6 0: 0 5 7 0 B. Option Term For the renewal options as specified in article 2, the rental rate shall be: re Footage Rate Pi er Floor F ar Square Monthly Rent Dot $0.00 Annual Rent $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5. Utilities A. The Lessor ❑✓ , Lessee[--], see Addendum ❑will promptly pay all billed utilities including gas, water, sewer, solid waste, storm water, and other power and electric light rates or charges which may become payable during the term of this Lease. B. For the facilities in which the Lessee occupies a metered, aggregate area of 2,000 net square feet or more, Lessor agrees to provide Lessee timely and accurate data on Lessee's monthly consumption or use of electricity, natural gas, LP gas and/or fuel oil, as appropriate, pursuant to Section 255.257, Florida Statutes. 6. Facility Services A. The Lessor El or Lessee ❑will furnish daily janitorial services and required janitorial supplies. Janitorial services will include provision of recycling trash disposal for the Premises at the expense of the Lessor ❑✓ or Lessee ❑. B. Lessor shall provide for interior and exterior maintenance and repairs in accordance with generally accepted good practices. This includes repainting, replacement of worn or damaged floor covering and repairs or replacement of interior equipment as needed due to normal use. Lessor shall maintain the exterior of the leased facility so to conform to all applicable health and safety laws, ordinances and codes, which are presently in effect or may be enacted during the term of this Lease and any renewal periods. C. The Lessor El or Lessee ❑ agrees to furnish pest control services for the leased Premises during the term of the Lease at the expense of the Lessor❑✓ or Lessee ❑. D. Lessor agrees to install light fixtures for use by Lessee. The Lessor ❑✓ or Lessee ❑ shall be responsible for replacement of all bulbs, lamps, tubes, and starters used in such fixtures. Lessor Initial: Page 3 of 8 Form 4054 Lessee Initial: Rev. Date 8/15 Page 76 of 427 Lease Number: 7 6 0: 0 5 7 0 E. All services required above shall be provided during Lessee's normal working hours, which are deemed 7:30 a.m. to 5:30 p.m., Monday through Friday excluding state holidays, unless otherwise stipulated below: Day From To F. During the term of this Lease, Lessee shall maintain the interior of the Premises in as good a state of repair as it is at the time of the commencement of this Lease. Notwithstanding this obligation, reasonable wear and tear and unavoidable casualties are permissible. 7. Accessibility and Alterations A. Lessor agrees that the leased Premises meets at the time of occupancy, or will conform, or will be brought into conformance within 180 days of lease execution, the requirements of the 2012 Florida Accessibility Code for Building Construction ("FACBC"), Americans With Disabilities Accessibility Implementation Act, Section 553.501 - 553.514, Florida Statutes. The Code of Federal Regulations, Department of Justice, Title 28, Part 35 and Part 36, and the Department of Transportation Title 49, Part 37 and the requirements of Florida Building codes have all been incorporated within the FACBC. Notwithstanding anything else contained in this lease, Landlord at Landlord's expense, shall be responsible for and agrees to comply with all obligations under the ADA which imposes any duty upon landlord or tenant with respect to the use, occupancy or alteration of the leased premises, building or project. If a claim or action is brought due to the allegations of failure to comply with the ADA, Landlord agrees to indemnify, defend, and hold Tenant harmless from any cost or expense, including attorney's fees, from being named in the claim or action. B. The Florida Building Codes includes and requires the following subparts, which are applicable to occupied or public use leases: Chapter 1, Section 101.1. all new and altered public buildings and facilities, private buildings and facilities, places of public accommodation and commercial facilities subject to this code shall comply with this code. Chapter 1, Section 101.3 this code established standards for accessibility to place of public accommodation and commercial facilities by individuals with disabilities. This code shall also apply to state and local government (owned and leased) facilities pursuant to Section 553.503, Florida Statutes. It is to be applied during the design, construction and during any alteration to such buildings and facilities as required by the code. C. Lessor agrees that Lessee shall have the right to make any minor alterations in and to the Premises during the term of this Lease upon first having obtained written consent of Lessor. Lessor shall not unreasonably withhold the consent to any such alterations. 8. Applicable Laws Due to the size and/or configuration of the space leased, the following laws apply: A. ❑ Section 255.25(3) (e), Florida Statutes relating to tenant improvement costs for which Lessor may be eligible for reimbursement. As applicable, Lessor and Lessee agree that the sum of has been spent by the Lessor for improvements to the Premises and the Lessor does ❑ or does not ❑intend to seek reimbursement for these improvements. Lessor Initial: Page 4 of 8 Form 4054 Lessee Initial: Rev. Date 8/15 Page 77 of 427 Lease Number: 7 6 0: 0 5 7 0 B. ❑ Section 252.385(4) (b), Florida Statutes relating to the use of the Premises as a public hurricane evacuation shelter. As applicable, the facility in which the Premises exist may be required to serve as a public hurricane evacuation shelter at the request of local emergency management agencies. It is hereby agreed and understood that in the event the Premises is selected for use as an emergency shelter Lessor, upon receiving notice from the Emergency Management Center, shall make the building available as a public hurricane evacuation shelter. C. ❑✓ Cooperation with the Inspector General Pursuant to section 20.055(5), Florida Statutes, contractor and any subcontractors understand and will comply with their duty to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. 9. Heating and Air Conditioning Lessor agrees to furnish to Lessee heating and air conditioning equipment and maintain same in satisfactory operating condition at all times for the Premises during the term of the Lease at the expense of Lessor. Lessor agrees that thermostats in the Premises will be set to maintain an average zone temperature of 75 degrees Fahrenheit during the heating and cooling seasons. 10. Compliance with Fire Safety Standards A. Lessor shall provide for fire protection during the term of this Lease in accordance with the fire safety standards of the State Fire Marshal. Lessor shall be responsible for maintenance and repair of all fire protection equipment necessary to conform to the requirements of the State Fire Marshal. Lessor agrees that the Premises shall be available for inspection by the State Fire Marshal, prior to occupancy by Lessee, and at any reasonable time thereafter. B. To assure Lessee of facility compliance with Florida's Fire Safety Standards, Lessor agrees to provide Lessee with written Fire Safety Inspection prior to the Lessee occupying the space. Fire Safety Inspection is to be conducted by State Fire Marshal or local fire officials. C. In the event that the entirety or majority of the Premises is destroyed by fire, lightning, storm or other casualty, Lessor may repair the damage to Premises at its own cost and expense. Rental payments shall cease until the completion of repairs. Lessor will immediately refund the pro rata part of any rentals paid in advance by Lessee prior to the destruction. Should the Premises be only partly destroyed, leaving the major part in usable condition, then the rental shall abate on the damaged portion until the Premises is restored by Lessor. Upon the completion of such repairs, the full rental shall commence and the Lease shall then continue the balance of the term. D. Lessor certifies that no asbestos was used in the construction of the demised Premises or that if asbestos was used, actions have been completed to correct the hazards caused by the use of asbestos. E. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over a period of time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. Section 404.056(5), Florida Statutes. Lessor certifies that if any radon is present, it is at a measurement level less than 4 PCl/L. 11. Injury or Damage to Property All property of any kind that may be on the Premises during the term of this Lease shall be at the sole risk of Lessee, and except for any negligence of Lessor, Lessor shall not be liable to Lessee for loss or damage to the property. 12. Expiration of Term At the expiration of the term, Lessee will peaceably yield up to Lessor the Premises in good and tenantable repair. Lessor and Lessee agree that Lessee shall have the right to remove from the Premises all personal property of Lessee including all fixtures, machinery, equipment, appurtenances and appliances placed or installed on the Premises by Lessee provided that Lessee agrees to restore the Premises to as good a state of repair as found prior to the removal. Lessor Initial: Page 5 of 8 Form 4054 Lessee Initial: Rev. Date 8/15 Page 78 of 427 Lease Number: 7 6 0: 0 5 7 0 13. Right to Inspect Lessor, at all reasonable times, may enter into and upon the Premises for the purpose of viewing the same and for the purpose of making any such repairs as Lessor is required to make under the terms of this Lease. 14. Taxes and Insurance Lessor shall pay all real estate taxes and fire insurance premiums on the Premises. Lessor shall not be liable to carry fire insurance on the person or property of Lessee or any other person or property that may occupy the Premises now or later. 15. Subletting and Assignment Lessee, upon obtaining written consent of Lessor, shall have the right to sublet all or any part of the Premises or to assign all or any part of the Premises. Lessor shall not capriciously withhold written consent. 16. Wavier of Defaults No waiver by Lessee of any breach of this Lease by Lessor shall be construed as a waiver of any subsequent breach of any duty or covenant imposed by this Lease. 17. Rental Commencement Notwithstanding the provisions of Article 2 "Term" and Article 4 "Rent" of this Lease, term shall not commence until date of completion of the renovations of the demised premises to Lessee's satisfaction and thereby made ready for occupancy by lessee. At the time of occupancy, the rent for any fractional part of the first month of occupancy shall be prorated. 18. Availability of Funds Pursuant to Section 255.2502, Florida Statutes, Lessor acknowledges that the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 19. Breach of Covenant A. If Lessee neglects or fails to perform or observe any covenant herein, and such default continues for a period of thirty (30) days after receipt of written notice thereof from Lessor, then Lessor may lawfully, immediately, or at any time thereafter, and without further notice or demand, enter into and upon the Premises, and repossess the same as of their former estate and expel Lessee and remove its effects forcefully, if necessary. B. This action by the Lessor shall not be deemed as any manner of trespassing. Any remedy which might otherwise be used by the Lessor for arrears of rent or for any breach of Lessee's covenants is not waived by such action. 20. Not Consent to Sue No provisions, terms, or conditions of this Lease shall be construed as consent of the State of Florida to be sued because of said leasehold. 21. Right to Terminate Lessee shall have the right to terminate this Lease without penalty in the event a State-owned building becomes available to Lessee for occupancy, and upon the giving six (6) months advance written notice to Lessor by Certified Mail, Return Receipt Requested. 22. Public Entity Crime Statement Section 287.133, Florida Statutes places the following restrictions on the ability of persons convicted of public entity crimes to transact business with public entities, including the department: A person, or affiliate, who has been placed on the convicted vendor list, following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Lessor Initial: Page 6 of 8 Form 4054 Lessee Initial: Rev. Date 8/15 Page 79 of 427 Lease Number: 7 6 0: 0 5 7 0 23. Discrimination Section 287.134 Florida Statutes places the following restrictions on the ability of persons on the discriminatory vendor list to transact business with public entities, including the department: An entity who has been placed on the discriminatory vendor list may not submit a bid or proposal to provide goods or services to a public entity, may not submit a bid or proposal with a public entity for the construction or repair of a public building or public work, may not submit bids or proposals on leases of real property to a public entity, may not perform work as a contractor, supplier subcontractor or consultant under contract with any public entity and may not transact business with any public entity. 24. Use of Premises Lessee will not make or suffer any unlawful, improper, or offensive use of the Premises or any use or occupancy thereof contrary to the laws of the State of Florida or to such ordinances of the city or county in which the Premises are located, now or hereinafter made, as may be applicable to Lessee. 25. Failure to Comply A. In the event that Lessor fails to comply with any term or provision of this Lease after written notice, Lessee reserves the option to: i. setoff and deduct from the rental amount due Lessor under this Lease such sums as Lessee determines are required to remedy the default of Lessor; and/or ii. fulfill Lessor's obligations under the terms of this Lease; whereby Lessor shall reimburse Lessee on demand for any reasonable expenses which Lessee may incur in thus effecting compliance with Lessor's obligation under this Lease. Should Lessee elect this option, Lessee shall use its best efforts to mitigate damages caused thereby; and/or iii. terminate this Lease and vacate the Premises, but without prejudice to any remedy which might otherwise be used by Lessee for any breach of Lessor's covenants contained herein; and/or iv. bring suit for damages against Lessor for any expense (including reasonable attorney's fees) Lessee may incur by Lessor's failure to comply with any term or provision of the Lease. However, Lessee shall not bring suit for damages incurred due to a delay in the Commencement Date of this Lease if any such delay is caused solely by any delay, default or omission of Lessee. B. Lessee is required to give Lessor written notice setting forth in reasonable detail the nature and extent of such failure and Lessor will be given thirty (30) days to cure such failure. If such failure cannot reasonably be completely cured within that thirty (30) day period, the length of such period shall be extended for the period reasonably required thereof, only if Lessor commences curing such failure within such thirty (30) day period and continues the curing thereof with reasonable diligence and continuity. C. Reason for setoff of amounts due under this Lease shall include, but are not limited to, remedying heating and air conditioning equipment and roofing deficiencies. Each occasion of setoff of rental amounts due under this Lease shall be contingent upon the prior approval of Lessee's legal counsel. 26. Definition of Terms A. The terms "Lease," "Lease Agreement," or "Agreement" shall be inclusive of each other and shall also include any renewals, extensions or modifications of this Lease. B. The terms "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto. C. The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. 27. Additional Terms D. ❑ No additional covenants or conditions form a part of this Lease E. Z All additional covenants or conditions appear on attached Addendum(s): Lessor Initial: Page 7 of 8 Form 4054 Lessee Initial: Rev. Date 8/15 Page 80 of 427 Lease Number: 7 6 0: 0 5 7 0 IN WITNESS WHEREOF, the Parties hereto have hereunto executed this instrument for the purpose herein expressed, this day of ANY MODIFICATION OF A LEASE AGREEMENT SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL APPROVED/ACCEPTED BY THE DEPARTMENT OF MANAGEMENT SERVICES. ORIGINAL SIGNATURES REQUESTED ON ALL COPIES As to Lessor — Lessor, or authorized representative and two witnesses, must sign, print name and enter date. X-- -�-� Lessor or Authorized Representative Printed Name/Title Date X -�-� Witness #1 Printed Name Date X_ -�-� Witness #2 Printed Name Date As to Lessee Agency —Agency Head (or authorized designee) and representative of Agency's Office of General Counsel, must sign, print name and enter date. Date Date As to the Department of Management Services — Chief Real Property Administrator (or authorized designee) and Secretary (or authorized delegate) must sign, print name and enter date. When applicable, DMS Office of General Counsel, shall sign, print name and enter date. X-- -�-� Chief Real Property Administrator Printed Name Date X-- -�-/ Secretary or Authorized Delegate Printed Name /Title Date X_ -�-� Office of General Counsel Printed Name Date Lessor Initial: Page 8 of 8 Form 4054 Lessee Initial: Rev. Date 8/15 Page 81 of 427 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Caroline Valentin, Assistant County Attorney County Attorney 8. D.1. 2021-52570 CONSENT AGENDA -COUNTY ATTORNEY DATE: 11/16/2021 *ACTION ITEM - GRANT QUASI-JUDICIAL ITEM? No Grant Match Agreement - Fort Pierce FBO, LLC - Repair of Aircraft Parking and Maneuvering Ramp The Fort Pierce FBO, LLC (FBO) leases property as successor in interest to B&E Houck Enterprises, Inc., from the County at the Airport for the operation of a fixed based operation providing a variety of general aviation services. The County is a recipient of a Grant from the Florida Department of Transportation for an Airport drainage and erosion control project, FM # 431000-4-94-01, state contract number GOJ92. As part of the grant, the County was awarded $119,000 towards the repair of the aircraft parking and maneuvering ramp. The FBO has agreed to provide the required 20% local match of $23,980 for the Project and agreed to provide the funds to the County on or before November 30, 2021. February 23, 2017 - The Board accepted a Florida Department of Transportation Aviation Program Grant to fund the Airport Stormwater Facility Improvement Project (GOJ92). FINANCIAL IMPACT: Budget will be made available in Grant Fund 140210-4210-563000-174620 - Infrastructure, Airport Drainage & Erosion Improvement. RECOMMENDATION: Staff recommends Board approval of the Grant Match Agreement with Fort Pierce FBO, LLC and authorize the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None Page 82 of 427 AYES: None NAYS: None EXCUSED: None Coordination/Signatures 0 -V MOL�t ae0t�� Caroline Valentin, Assistant County Attorney Stan Payne, Director of Air & Sea Port N Daniel McIntyre, County Attorney ell Mark Satterlee, Deputy County Administrator Date: November 01, 2021 Date: November 01, 2021 Date: November 07, 2021 Date: November 08, 2021 Page 83 of 427 GRANT MATCH AGREEMENT THIS GRANT MATCH AGREEMENT made this _ day of , 2021, ("Agreement") between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" and FORT PIERCE FBO, L.L.C., a Florida limited liability company, or its successors, executors, administrators, and assigns, hereinafter referred to as "FBO". WHEREAS, the County owns and operates the Treasure Coast International Airport, hereinafter known as "Airport"; and WHEREAS, the FBO leases property as successor in interest to B&E Houck Enterprises, Inc., hereinafter referred to as the "Leased Premises", from the County at the Airport for the operation of a fixed based operation providing a variety of general aviation services directly and through its sublessees pursuant to the Amended and Restated Lease Agreement dated October 10, 2000 (the "Amended and Restated Lease") as amended by the First Amendment to Amended and Restated Lease Agreement dated September 12, 2006 (the "First Amendment", and together with the Amended and Restated Lease, the "Lease"); and, WHEREAS, the County is a recipient of Grant from the Florida Department of Transportation for an Airport drainage and erosion control project, FM # 431000-4-94-01, state contract number GOJ92; WHEREAS, as part of the Grant the County was awarded $119,000 towards repair of the aircraft parking and maneuvering ramp ("Project"); and WHEREAS, the FBO has agreed to provide the required 20% local match of $23,980 for the Project. NOW THEREFORE, IN CONSIDERATION of the mutual benefits received by each party, the parties mutually agree as follows: 1. RECITALS. The above recitals are true and correct and are incorporated herein by reference. 2. GRANT MATCH. The FBO agrees to provide $23,980 for the required 20% local grant match for the Project. The FBO agrees to transfer these funds to the County on or before November 30, 2021. 3. NOTICES. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To FBO: With A Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 Page 84 of 427 Fort Pierce FBO, L.L.C. 2982 Curtis King Boulevard Fort Pierce, FL 34946 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 4. INTERPRETATION; VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be exclusively 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. IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY WITNESSES: FORT PIERCE FBO, L.L.C. By: NAME: TITLE: 2 Page 85 of 427 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Caroline Valentin, Assistant County Attorney County Attorney 8. D.2. 2021-52456 CONSENT AGENDA -COUNTY ATTORNEY DATE: 11/16/2021 *ACTION ITEM - BOARD ACCEPTANCE QUASI-JUDICIAL ITEM? No Amended and Restated Interlocal Agreements for the Public Transit Municipal Services Taxing Unit (MSTU) between St. Lucie County and (1) the City of Fort Pierce and (2) St. Lucie Village On January 28, 2003, the County adopted Resolution No. 03-21, which established a Municipal Services Taxing Unit ("MSTU") for public transit and non -motorized transportation that would levy an ad valorem tax at a rate not to exceed % mill per annum for a term of no longer than 20 years (hereinafter referred to as the " Public Transit MSTU"). On April 22, 2003, the County adopted Resolution No. 03-65, which amended Resolution No. 03-21 by deleting the provision for non -motorized transportation from the Public Transit MSTU. Resolution No. 03-65 took effect upon the enactment by the City of Fort Pierce City Commission, the City of Port St. Lucie City Council and the Town of St. Lucie Village Board of Alderman of ordinances consenting to the inclusion of their respective entity within the boundaries of the Unit on or before June 1, 2003. In 2003, the County entered into separate Interlocal Agreements with each of the jurisdictions to allocate the proceeds of the St. Lucie County Municipal Services Taxing Unit ("MSTU") for public transit. The Interlocal Agreements each terminate on December 31, 2023. The City of Fort Pierce and the Town of St. Lucie Village have agreed to enter into Amended and Restated Interlocal Agreements to update the references to transit planning documents, provide for an annual meeting between the parties as well as a meeting prior to any increase in the millage rate for the MSTU, and extend the term of the Agreement through and including December 31, 2043. The Town of St. Lucie Village Board of Alderman approved the Amended and Restated Interlocal Agreement on July 20, 2021, and the Fort Pierce City Commission approved the Amended and Restated Interlocal Agreement on September 20, 2021. Page 86 of 427 PREVIOUS ACTION: N/A FINANCIAL IMPACT: The current MSTU is .1269 mils. RECOMMENDATION: Staff recommends Board approval of the amended and restated interlocal agreements between St. Lucie County and (1) the City of Fort Pierce and (2) St. Lucie Village and authorize the Chair to sign the amended and restated interlocals as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Caroline Valentin, Assistant County Attorney Murriah Dekle, Transit Division Director XA44A. C Why411 Diana Wesloski, Community Services Director TaWonna Johnson, Management Analyst Office of Management and Budget i Date: October 20, 2021 Date: October 20, 2021 Date: October 21, 2021 Date: October 21, 2021 Date: October 21, 2021 Date: October 22, 2021 Page 87 of 427 Daniel McIntyre, County Attorney X: Date: October 25, 2021 Alphonso Jefferson, Deputy County Administrator Page 88 of 427 0 AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN CITY OF FORT PIERCE AND ST. LUCIE COUNTY (PUBLIC TRANSIT MSTU) THIS AMENDED AND RESTATED INTERLOCAL AGREEMENT (the "Agreement") is made and entered into this day of , 2021, by and between the CITY OF FORT PIERCE, a Florida municipal corporation (hereinafter the "City"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter the "County") ARTICLE I. BACKGROUND AND OBJECTIVES WHEREAS, the County is a political subdivision of the State of Florida and given those powers and responsibilities enumerated in Chapter 125, Florida Statutes; and, WHEREAS, the County and the City are empowered to enter into interlocal agreements pursuant to Section 163.01, Florida Statutes; and, WHEREAS, on January 28, 2003, the County adopted Resolution No. 03-21, which established a Municipal Services Taxing Unit ("MSTU") for public transit and non -motorized transportation that would levy an ad valorem tax at a rate not to exceed % mill per annum for a term of no longer than 20 years (hereinafter referred to as the " Public Transit MSTU"); and, WHEREAS, on April 22, 2003, the County adopted Resolution No. 03-65 which amended Resolution No. 03-21 by deleting the provision for non -motorized transportation from the Public Transit MSTU; and, WHEREAS, Resolution No. 03-65 took effect upon the enactment by the City of Fort Pierce City Commission, the City of Port St. Lucie City Council and the Town of St. Lucie Village Board of Alderman of ordinances consenting to the inclusion of their respective entity within the boundaries of the Unit on or before June 1, 2003; and, WHEREAS, on May 20, 2003, the parties entered into an Interlocal Agreement to allocate the proceeds of the St. Lucie County Municipal Services Taxing Unit ("MSTU") for public transit recorded in Official Records Book 1733 at Page 2070 of the public records of St. Lucie County, Florida, hereinafter referred to as the "Agreement"; and, WHEREAS, the parties desire to amend and restate the Agreement to update the references to transit planning documents, provide for an annual meeting between the parties as well as a meeting prior to any increase in the millage rate for the MSTU, and extend the term of the Agreement through and including December 31, 2043. NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein, the parties agree as follows: 1 Page 89 of 427 0 1. GENERAL This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal, or written, between the parties hereto. The above recitals are true and correct. 2. CONSENT TO INCLUSION OF CITY WITHIN MSTU The parties acknowledge and agree that following public hearings held on or before June 1, 2003, the City adopted Ordinance No. 2003-X which consented to the inclusion of the boundaries of the City of Fort Pierce within the boundaries of the Public Transit MSTU created by the County. 3. COLLECTION OF TAXES WITHIN THE CITY As the City has adopted an ordinance consenting to the inclusion of the City within the MSTU, the County shall allocate the taxes levied and collected in the City pursuant to the Public Transit MSTU in the amounts as determined by Paragraph 4 herein. 4. ALLOCATION OF MSTU PROCEEDS A. General. The parties agree that each year during the term of this Agreement the County shall establish a separate budget for public transit services within the Public Transit MSTU. B. Public Transit. The parties agree that the taxes levied within the MSTU shall be allocated to fund the budget established for public transit services. To insure that the residents of the City receive an equitable share of public transit services, the County shall determine each year the estimated cost of providing public transit services for the ensuing County fiscal year within the boundaries of the unit based upon the Long Range Transit Plan: Smart Moves 2045 Long Range Transportation Plan (February 2021), St. Lucie County FY 2020 - FY 2029 Transit Development Plan Major Update (June 2019), and Transit Asset Management Plan (June 2017), adopted by the St. Lucie Transportation Planning Organization, and subsequent amendments to such plans. On or before November Vt of each year during the term of this Agreement, the County shall provide an annual report to the City indicating the transit services provided to the City during the previous year. Following issuance of the annual report, the County Administrator and the City Manager shall meet to discuss the annual report as well as plans for transit operations in the coming year. For the period October 1, 2010 through and including September 30, 2043, the amount of taxes levied within the MSTU shall not exceed .25 mill, unless otherwise amended by the Board of County Commissioners. The parties acknowledge and agree that the millage rate for the period October 1, 2020 through and including September 30, 2021 is .1269 mill. Prior to any increase in the current millage rate, the County Administrator shall notify the City Manager of the proposed increase and request a meeting with the City Manager to discuss the matter at least thirty (30) days prior to the adoption of the budget for the fiscal year in which the proposed increase would take effect. The funds allocated for public transit services shall be retained by the County and 2 Page 90 of 427 a shall be transferred by the County to the approved provider of public transit services pursuant to a contract between the County and the approved public transit service provider. 5. INDEPENDENT AUDIT An annual independent audit of the revenue receipts and expenditures shall be performed annually. The County shall select and contract with the auditor. The cost of the audit shall be paid from the total annual MSTU proceeds received from the Tax Collector. 6. TERM OF AGREEMENT This Agreement shall be effective beginning on June 27, 2003, and shall continue through and including December 31, 2043, unless terminated as herein provided. 7. TERMINATION Either party may terminate the Agreement with one year's prior written notice to the other party; in the event of termination by either party, the termination shall be effective on January 1 of the year subsequent to one year from the notice of termination. 8. NOTICES All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the City: Fort Pierce City Manager Post Office Box 1480 Fort Pierce, Florida 34954 As to the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: Fort Pierce City Attorney Post Office Box 1480 Fort Pierce, Florida 34954 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. 3 Page 91 of 427 9. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 10. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 11. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. 12. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the material purposes of this Agreement can be determined and effectuated. 13. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 14. AMENDMENTS The Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 15. EFFECTIVENESS This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. rd Page 92 of 427 '7)1d, 0) C� Clerk ATTEST: Deputy Clerk CITY OF FORT PIERCE, FLORIDA BY: Mayor APPROVED AS TO FORM AND CORRECTNESS: Interim Cit rney Date: ;k �ao 13,0 a � BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Page 93 of 427 AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN TOWN OF ST. LUCIE VILLAGE AND ST. LUCIE COUNTY (PUBLIC TRANSIT MSTU) THIS AMENDED AND RESTATED INTERLOCAL AGREEMENT (the "Agreement") is made and entered into this day of . 2021, by and between the TOWN OF ST. LUCIE VILLAGE, a Florida municipal corporation (hereinafter the "Village"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter the "County"). ARTICLE I. BACKGROUND AND OBJECTIVES WHEREAS, the County is a political subdivision of the State of Florida and given those powers and responsibilities enumerated in Chapter 125, Florida Statutes; and, WHEREAS, the County and the Village are empowered to enter into interlocal agreements pursuant to Section 163.01, Florida Statutes; and, WHEREAS, on January 28, 2003, the County adopted Resolution No. 03-21, which established a Municipal Services Taxing Unit ("MSTU") for public transit and non -motorized transportation that would levy an ad valorem tax at a rate not to exceed % mill per annum for a term of no longer than 20 years (hereinafter referred to as the " Public Transit MSTU"); and, WHEREAS, on April 22, 2003, the County adopted Resolution No. 03-65 which amended Resolution No. 03-21 by deleting the provision for non -motorized transportation from the Public Transit MSTU; and, WHEREAS, Resolution No. 03-65 took effect upon the enactment by the City of Fort Pierce City Commission, the City of Port St. Lucie City Council and the Town of St. Lucie Village Board of Alderman of ordinances consenting to the inclusion of their respective entity within the boundaries of the Unit on or before June 1, 2003; and, WHEREAS, on May 20, 2003, the County and the Village entered into an Interlocal Agreement ("Agreement") to allocate the proceeds of the MSTU to the County and the Village, which was recorded at Official Records Book 1729, Page 1802 of the public records of St. Lucie County, Florida; and, WHEREAS, the parties desire to amend and restate the Agreement to update the references to transit planning documents, provide for an annual meeting between the parties as well as a meeting prior to any increase in the millage rate for the MSTU, and extend the term of the Agreement through and including December 31, 2043. NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein, the parties agree as follows: Page 94 of 427 1. GENERAL This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal, or written, between the parties hereto. The above recitals are true and correct. 2. CONSENT TO INCLUSION OF VILLAGE WITHIN MSTU The parties acknowledge and agree that following public hearings held on or before June 1, 2003, the Village adopted Ordinance No. 2003-2 which consented to the inclusion of the boundaries of the Village within the boundaries of the Public Transit MSTU created by the County. 3. COLLECTION OF TAXES WITHIN THE VILLAGE As the Village has adopted an ordinance consenting to the inclusion of the Village within the MSTU, the County shall allocate the taxes levied and collected in the Village pursuant to the Public Transit MSTU in the amounts as determined by Paragraph 4 herein. 4. ALLOCATION OF MSTU PROCEEDS A. General. The parties agree that each year during the term of this Agreement the County shall establish a separate budget for public transit services within the Public Transit MSTU. B. Public Transit. The parties agree that the taxes levied within the MSTU shall be allocated to fund the budget established for public transit services. To insure that the residents of the Village receive an equitable share of public transit services, the County shall determine each year the estimated cost of providing public transit services for the ensuing County fiscal year within the boundaries of the unit based upon the Long Range Transit Plan: Smart Moves 2045 Long Range Transportation Plan (February.2021), St. Lucie County FY 2020 - FY 2029 Transit Development Plan Major Update (June 2019), and Transit Asset Management Plan (June 2017), adopted by the St. Lucie Transportation Planning Organization, and subsequent amendments to such plans. On or before November I" of each year during the term of this Agreement, the County shall provide an annual report to the Village indicating the transit services provided to the Village during the previous year. Following issuance of the annual report, the County Administrator and the Village Mayor shall meet to discuss the annual report as well as plans for transit operations in the coming year. For the period October 1, 2010 through and including September 30, 2043, the amount of taxes levied within the MSTU shall not exceed .25 mils, unless otherwise amended by the Board of County Commissioners. The parties acknowledge and agree that the millage rate for the period October 1, 2020 through and including September 30, 2021 is .1269 mils. Prior to any increase in the current millage rate, the County Administrator shall notify the Village Mayor of the proposed increase and request a meeting with the Village Mayor to discuss the matter at least thirty (30) days prior to the adoption of the budget for the fiscal year in which the proposed increase would take effect. The funds allocated for public transit services shall be retained by the County and shall be transferred by the County to the approved provider of public transit services pursuant to a contract between the County and the approved public transit service provider. 2 Page 95 of 427 5. INDEPENDENT AUDIT An annual independent audit of the revenue receipts and expenditures shall be performed annually. The County shall select and contract with the auditor. The cost of the audit shall be paid from the total annual MSTU proceeds received from the Tax Collector. 6. TERM OF AGREEMENT This Agreement shall be effective beginning on June 27, 2003, and shall continue through and including December 31, 2043, unless terminated as herein provided. 7. TERMINATION Either party may terminate the Agreement with one year's prior written notice to the other party; in the event of termination by either party, the termination shall be effective on January 1 of the year subsequent to one year from the notice of termination. 8. NOTICES All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the Village: Town of St. Lucie Village 2841 North Old Dixie Highway Fort Pierce, Florida 34946 As to the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: Richard V. Neill, Jr. Neill Griffin Fowler Tierney Neill & Marquis 311 South Second Street Fort Pierce, Florida 34950 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. 9. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 3 Page 96 of 427 10. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 11. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. 12. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the material purposes of this Agreement can be determined and effectuated. 13. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 14. AMENDMENTS The Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 15. EFFECTIVENESS This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. [The next page is the signature page.] 4 Page 97 of 427 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. ATTEST: Las 6erk ATTEST: Deputy Clerk TOWN OF ST. LUCIE VILLAGE, FLORIDA BY:� F Mayor APPROVED AS TO FORM AND BY: Dal BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Page 98 of 427 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager 8.D.3. 2021-52623 CONSENT AGENDA -COUNTY ATTORNEY DATE: 11/16/2021 *ACTION ITEM - AMENDMENT QUASI-JUDICIAL ITEM? No SUBMITTED BY: Property Acquisition Division SUBJECT: Second Addendum to Contract for Sale and Purchase - Melville Road Phase 1- Joe Van Chason - 20' of Right -of -Way - Parcel ID 3403-343-0001-000-7 THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX On October 5, 2021, the Board of County Commissioners approved the First Addendum to the Contract for Sale and Purchase extending the closing date to on or before October 29, 2021. During the closing procedure, Community Land Title discovered that a mortgage release needed to be obtained and additional time is still needed to obtain the release. Staff recommends the Board approve the Second Addendum to the Contract for Sale and Purchase extending the closing date to on or before January 28, 2022. BACKGROUND: On October 5, 2021, the Board of County Commissioners approved the First Addendum to the Contract for Sale and Purchase extending the closing date to on or before October 29, 2021, During the closing procedure, Community Land Title discovered that a mortgage release needed to be obtained and additional time is needed to obtain the release. On July 6, 2021, the Board of County Commissioners approved the Contract for Sale and Purchase of 20' of right-of-way along Melville Road from Joe Van Chason. This right-of-way is needed for the Melville Road Phase 1 project. PREVIOUS ACTION: October 5, 2021 - Board of County Commissioners approved the First Addendum to the Contract for Sale and Purchase extending the closing date to on or before October 29, 2021. July 6, 2021 - Board of County Commissioners approved the Contract for Sale and Purchase of 20' of right-of- way along Melville Road from Joe Van Chason. Page 99 of 427 FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the Second Addendum to the Contract for Sale and Purchase, authorize the Chair to sign the Addendum, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 07, 2021 Daniel McIntyre, County Attorney Date: November 08, 2021 Mark Satterlee, Deputy County Administrator Page 100 of 427 ^r Saint Lucie County Property Appraiser { f' 1 ♦� t TA rl �r , AL Eta �� .�-_�-_ - � � µ✓.! - �,r:'` �,�"� June 17, 2021 1:1,128 0 45 90 180 ft 0 12.5 25 50 m Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Page 101 of 427 DocuSign Envelope ID: 83E8F8E4-4A68-4BAC-B079-D21DE59A7F64 SECOND ADDENDUM TO CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY This Second Addendum is attached to and made a part of that certain Contract for Sale and Purchase for Real Property Acquisition dated July 6, 2021, by and between Joe Van Chason (hereinafter "Seller"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter "Purchaser"). 1. On July 6, 2021, the Board approved the Contract stating in Paragraph 10 that the closing date shall be on or before September 15, 2021. 2. On October 5, 2021, the Board approved the First Addendum to the Contract extending the closing date to on or before October 29, 2021. 3. The parties agree to extend the closing date for the second time to be on or before January 28, 2022, so that the Seller can obtain documents needed to convey to the County good, marketable, fee simple title clear of all liens and encumbrances to the property described in the Contract for Sale and Purchase for Real Property Acquisition. 4. In all other respects, the terms and conditions of the contract shall remain in full force and effect. EXECUTED BY SELLER this day of 10/28/2021 2021. Joe Van Chason Docu�/Signed by: ,hoc, . C,�t,a.Soln, EXECUTED BY PURCHASER this day of 12021. ATTEST: ST. LUCIE COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney S:\ACQ\WP\Melville Road Stormwater\Four Parcels-1-31-20\Van Chason\Second Addendum.docx Page 102 of 427 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division 8.C.10. 2021-52425 CONSENT AGENDA -COUNTY ATTORNEY DATE: 10/5/2021 *ACTION ITEM -AMENDMENT QUASI-JUDICIAL ITEM? No SUBJECT: Addendum to Contract for Sale and Purchase - Melville Road Phase 1 - Joe Van Chason - 20' of Right -of -Way - Parcel ID 3403-343-0001-000-7 On July 6, 2021, the Board of County Commissioners approved the Contract for Sale and Purchase of 20' of right-of-way along Melville Road from Joe Van Chason. This right-of-way is needed for the Melville Road Phase 1 project. During the closing procedure, Community Land Title discovered that a mortgage release needed to be obtained and additional time is needed to obtain the release. Staff recommends the Board approve the addendum to the contract for sale and purchase, authorize the Chair to sign the addendum, direct staff to proceed with the closing and record the warranty deed in the public records of St. Lucie County, Florida. BACKGROUND: On July 6, 2021, the Board of County Commissioners approved the Contract for Sale and Purchase of 20' of right-of-way along Melville Road from Joe Van Chason. This right-of-way is needed for the Melville Road Phase 1 project. During the closing procedure, Community Land Title discovered that a mortgage release needed to be obtained and additional time is needed to obtain the release. PREVIOUS ACTION: July 6, 2021 - Board of County Commissioners approved the Contract for Sale and Purchase of 20' of right-of- way along Melville Road from Joe Van Chason. FINANCIAL IMPACT: N/A RECOMMENDATION: Page 103 of 427 Staff recommends the Board approve the Addendum to the Contract for Sale and Purchase, authorize the Chair to sign the Addendum, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None Coordination/Signatures Date: September 21, 2021 Daniel McIntyre, County Attorney Date: September 29, 2021 Mark Satterlee, Deputy County Administrator Page 104 of 427 ^r Saint Lucie County Property Appraiser { f' 1 ♦� t TA rl �r , AL Eta �� .�-_�-_ - � � µ✓.! - �,r:'` �,�"� June 17, 2021 1:1,128 0 45 90 180 ft 0 12.5 25 50 m Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Page 105 of 427 61 FIRST ADDENDUM TO CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY This First Addendum is attached to and made a part of that certain Contract for Sale and Purchase for Real Property Acquisition dated July 6, 2021, by and between Joe Van Chason (hereinafter "Seller"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter "Purchaser"). 1. Paragraph 10 states the closing shall be on or before September 15, 2021 2. The parties agree to extend the closing date to on or before October 29, 2021 so that Seller can obtain documents needed to convey to the County good, marketable, fee simple title clear of all liens and encumbrances to the property described in the Contract for Sale and Purchase for Real Property Acquisition. 3. In all other respects, the terms and conditions of the contract shall remain in full force and effect. 1-7 EXECUTED BY SELLER this Vday of2021. Joe Van Chason EXECUTED BY PURCHASER this day of , 2021. ATTEST. Deputy Clerk ST. LUCIE COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney S:\ACQ\wP\Melville Road Stormwater\Four Parcels-1-31-20\Van Chason\First Addendum.dou Page 106 of 427 ��.7c LU C V AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager 8.D.7. 2021-51820 CONSENT AG ENDA -COUNTY ATTORNEY ❑ATE: 7/6/2021 *ACTION ITEM -CONTRACT QUASI-JUDICIAL ITEM? No SUBMITTED BY: Property Acquisition Division SUBJECT: Contract for Sale and Purchase - Melville Road Phase 1 - Joe Van Chason. - 20' of Right -of -Way - Parcel ID 3403-343-0001-000-7 THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX St. Lucie County has designed a plan to improve this poorly drained area, including a large stormwater pond for treatment ❑f runoff. Future phases include paving and drainage improvements for Melville Road to connect to the portion immediately south ❑f Midway Road. However, the County lacks sufficient right-of-way to construct the improvements. St. Lucie County contacted four residents along Melville Road where 20' of additional right-of-way is needed to widen the road. Mr. Chason responded as a willing seller. The County presented a Contract for Sale and Purchase to Joe Van Chason for $7,500.00, which is 100% of the appraised value of 20' of right-of-way that fronts Melville Road according to ❑eighan Consultants, the County's independent appraiser. Funds will be available in Infrastructure Surtax Capital Stormwater Management -Land -Melville Road Stormwater Phase 1 - 319-3725-561000-193600, Line to Llne #2021-0447,11385. BACKGROUND: St. Lucie County has designed a plan to improve this poorly drained area, including a large stormwater pond for treatment of runoff. Future phases include paving and drainage improvements for Melville Road to connect to the portion immediately south ❑f Midway Road. However, the County lacks sufficient right-of-way to construct the improvements. St. Lucie County contacted four residents along Melville Road where 20' ❑f additional right-of-way is needed to widen the road. Mr. Chason responded as a willing seller. The County presented a Contract for Sale and Purchase to Joe Van Chason for $7,500.00, which is 100% of the Page 107 of 427 appraised value ❑f 20' ❑f right-of-way that fronts Melville Road according to Deighan Consultants, the County's independent appraiser. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds of $7,500 will be available in Infrastructure Surtax Capital Stormwater Management -Land -Melville Road Stormwater Phase 1 - 319-3725-561000-193600, Line t❑ Llne #2021-0446 RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Joe Van Chason, authorize the Chair t❑ sign the contract, direct staff to proceed with the closing and record the warranty deed in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell AYES: Chris ❑zadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None Coord i n a ti o n/S ignatu res JoAnn Riley, Property Acquisition Manager Jennifer Hill, Office of Management & Budget Director 1 4114 , Daniel McIntyre, County Attorney Mark Satterlee, Deputy County Administrator Date: June 22, 2021 Date: June 22, 2021 Date: June 22, 2021 Date: June 28, 2021 Page 108 of 427 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division 8. D.4. 2021-52633 CONSENT AGENDA -COUNTY ATTORNEY DATE: 11/16/2021 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No SUBJECT: Revocable License Agreement - 360 SE Gasparilla Ave - River Park - Unit 4 - Debra Ann Barrow - Parcel ID 3419-530-0123-000-1 Ms. Barrow is requesting a Revocable License Agreement to be allowed to install a 5' chain -link fence with gate along the north-east side of her property within the County's 6' Drainage/Utility Easement. The fence will extend into the rear within the County's 10' Drainage/Utility Easement. She understands if the County Engineer determines the fence and gate is causing flooding, drainage problems or for other needs in the area, the fence and gate will need to be removed or relocated at her expense. Engineering, Road & Bridge and Water Quality have reviewed the License Agreement and have no objections. BACKGROUND: Ms. Barrow is requesting a Revocable License Agreement to be allowed to install a 5' chain -link fence with gate along the north-east side of her property within the County's 6' Drainage/Utility Easement. The fence will extend into the rear within the County's 10' Drainage/Utility Easement. She understands if the County Engineer determines the fence and gate is causing flooding, drainage problems or for other needs in the area, the fence and gate will need to be removed or relocated at her expense. Engineering, Road & Bridge and Water Quality have reviewed the License Agreement and have no objections. PREVIOUS ACTION: N/A ISI►1_VLO/_lfI► I7_TQ1I N/A RECOMMENDATION: Page 109 of 427 Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Ms. Barrow pay to record the agreement in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures c-Y-ZL-1 JoAnn Riley, Property Acquisition Manager Daniel McIntyre, County Attorney Mark Satterlee, Deputy County Administrator Date: November 04, 2021 Date: November 07, 2021 Date: November 08, 2021 Page 110 of 427 This document prepared without the benefit of title by Kayla Chidgey, under the direction of Daniel S. McIntyre, County Attorney . 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2021, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and Debra Ann Barrow whose address is, 360 SE Gasparilla Ave, Port Saint Lucie, FL 34983 (the "Owner") WHEREAS, the Owner owns the property described as follows: River Park - Unit 4, Block 36, Lot 5 — 360 SE Gasparilla Ave Parcel ID: 3419-530-0123-000-1 WHEREAS, the Owner has requested a Revocable License Agreement to install a 5' chain -link fence with gate along the north-east side of their property within the County's 6' Drainage/Utility Easement. The fence will extend into the rear within the County's 10' Drainage/Utility Easement as shown on Exhibit A. WHEREAS, the County is willing to permit the Owner to encroach in the County's easements for the purpose of installing the fence and gate subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the fence and gate which will encroach within the County's Drainage/Utility Easements. This Revocable License shall extend only to the referenced fence and gate and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to install and maintain the fence and gate in the County's easements. The Owner agrees that if the County Engineer determines the fence and gate is causing flooding, drainage 1 Page 112 of 427 problems or for other needs in the area the fence and gate needs to be removed or relocated, the Owner will do so at the Owner's sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to install the fence and gate in the County's easements. The Owner shall obtain a St. Lucie County Building permit prior to the commencement of construction activities within the County Drainage/Utility Easements. 4. The Owner shall maintain the easements along the fence and gate in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The fence and gate shall not interfere with County use of the easements and any damage to the County easements shall be repaired by Owner. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that the Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer, in lieu of termination, may request that the Owner perform certain alterations to the fence and gate or the location of the fence and gate, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence and gate, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the fence and gate and repair of the easements, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced fence and gate, at any time and at no cost to the County, if necessary, for the maintenance or improvements of the easements by the County or Utilities Dept. The County does not accept any responsibility for damages to the fence and gate to be able to access the easements. 2 Page 113 of 427 10. The fence and gate shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the fence and gate for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this License shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: Debra Ann Barrow 360 SE Gasparilla Ave Port Saint Lucie, FL 34983 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, 3 Page 114 of 427 servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Owner shall promptly pay to record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written: ATTEST: DEPUTY CLERK BY: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 115 of 427 IAQ�J �e)� Witness ` DEBRA ANN BARROW PRINT NAME Witness PRINT NAME STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me by means of [v]physical presence or [ ] online notarization, this, ©� 2, '(date)by Debra Ann Barrow, who is personally known to me or who has produced zou - ,urrL s �/��+-sue �-� (type of identification) as identification. ov ON pm pwu,"ft [Notary Seal] mvc+m+�� or wall = I�N) CWff*WM Na W I== R Notary Signature Name Printed Page 116 of 427 m CL U) m 0 W U) SE Gasparilla Ave 3EXHIBITT b a a Page 117 of 427 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division 8. D.5. 2021-52638 CONSENT AGENDA -COUNTY ATTORNEY DATE: 11/16/2021 *ACTION ITEM - AGREEMENT QUASI-JUDICIAL ITEM? No SUBJECT: Revocable License Agreement - 6906 Belleair Avenue - Lakewood Park - Unit 9 - David Hanson, Jr. - Parcel ID 1301-611-0170-000-5 Mr. Hanson has requested to be allowed to install a 6' wood fence with gates along the sides and rear of his property within the County's 10' Drainage/Utility Easement. He understands 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 his expense. Engineering, Water Quality and Road & Bridge have reviewed the License Agreement and have no objections. BACKGROUND: Mr. Hanson has requested to be allowed to install a 6' wood fence with gates along the sides and rear of his property within the County's 10' Drainage/Utility Easement. He understands 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 his expense. Engineering, Water Quality and Road & Bridge have all reviewed the License Agreement and have no objections. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Page 118 of 427 Staff recommends the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. Hanson pay to record the agreement in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures JoAnn Riley, Property Acquisition Manager N Daniel McIntyre, County Attorney Mark Satterlee, Deputy County Administrator Date: November 04, 2021 Date: November 07, 2021 Date: November 08, 2021 Page 119 of 427 I LW I Tr- 4F7 ar -Aw maim 146 Jk� I AL tit This document prepared without the benefit of title by Vikki Mitchell, under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2021, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and David H. Hanson Jr whose address is, 6906 Belleair Avenue, Fort Pierce, FL 34951(the "Owner") WHEREAS, the Owner owns the property described as follows: Lakewood Park - Unit 9, Block 108, Lot 4 — 6906 Belleair Avenue Parcel ID: 1301-611-0170-000-5 WHEREAS, the Owner has requested a Revocable License Agreement to install a 6' wood fence with gates within the County's 10' Drainage/Utility Easement as shown on Exhibit A. WHEREAS, the County is willing to permit the Owner to encroach in the County's easements for the purpose of installing the fence and gates subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the fence and gates which will encroach within the County's Drainage/Utility Easements. This Revocable License shall extend only to the referenced fence and gates and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to install and maintain the fence and gates in the County's easements. The Owner agrees that 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 need to be removed or relocated, the Owner will do so at the Owner's sole expense. 1 Page 121 of 427 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to install the fence and gates in the County's easements. The Owner shall obtain a St. Lucie County Building permit prior to the commencement of construction activities within the County Drainage/Utility Easements. 4. The Owner shall maintain the easements along the fence and gates in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The fence and gates shall not interfere with County use of the easements and any damage to the County easements shall be repaired by Owner. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that the Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer, in lieu of termination, may request that the Owner perform certain alterations to the fence and gates or the location of the fence and gates, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence and gates, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the fence and gates and repair of the easements, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced fence and gates, at any time and at no cost to the County, if necessary, for the maintenance or improvements of the easements by the County or Utilities Dept. The County does not accept any responsibility for damages to the fence and gates to be able to access the easements. 10. The fence and gates shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of Page 122 of 427 the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the fence and gates for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this License shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: David H Hanson Jr. 6906 Belleair Avenue Fort Pierce, FL 34951 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of 3 Page 123 of 427 life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Owner shall promptly pay to record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK El BY: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 124 of 427 dH.H - �LI Witneps PRINT NAME STATE OF FLORIDA COUNTY OF `''-.T-B4 O la inje., C-Citk1X4j The foregoing instrument was acknowledged before me by means of V] physical presence or [ ] online notarization, this f c Z1 (date)by David H Hanson Jr., who is personally known to me or who has produced (type of identification) as identification. [Notary Seal] Daronn FWW Notary Public State of Florida Comm# HH139719 • F ►9 Expires 6/8/2025 5 ary Signature �D4KFq Name Printed Page 125 of 427 F� �pUS2� Q �p 13fey T - EXHIBIT wAfh Page 126 of 427 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division P4ly"i16VIViLoll -COUNTY ATTORNEY DATE: 11/16/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No SUBJECT: Resolution - Rename Belterra Place to Pinnacle Place North on the plat of Belterra Phase 1 Plat 1 recorded in Plat Book 94, Pages 23 to 29 in the Public Records of St. Lucie County, Florida. Property Acquisitions received an email from Chuck DeSanti at GHO Homes regarding street name confirmation for the next phase of development. It was discovered an error had taken place on the plat of Belterra Phase 1 Plat 1. County staff contacted Mr. DeSanti, Public Safety and the City of Port St. Lucie to resolve the issue. All the parties agreed to resolve the issue by renaming Belterra Place to Pinnacle Place North. The street name Pinnacle Place North was submitted and has been reviewed and approved by Public Safety, City of Port St. Lucie and Property Acquisition Division. BACKGROUND: Resolution - Rename Belterra Place to Pinnacle Place North on the plat of Belterra Phase 1 Plat 1 recorded in Plat Book 94, Pages 23 to 29 in the Public Records of St. Lucie County, Florida. Property Acquisitions received an email from Chuck DeSanti at GHO Homes regarding street name confirmation for the next phase of development. It was discovered an error had taken place on the plat of Belterra Phase 1 Plat 1. County staff contacted Mr. DeSanti, Public Safety and the City of Port St. Lucie to resolve the issue. All the parties agreed to resolve the issue by renaming Belterra Place to Pinnacle Place North. The street name Pinnacle Place North was submitted and has been reviewed and approved by Public Safety, City of Port St. Lucie and Property Acquisition Division. PREVIOUS ACTION: April 12, 2021 - Belterra Phase 1 Plat 1 was approved by Port St. Lucie City Council and recorded in Plat Book 94, Pages 23 to 29 in the Public Records of St. Lucie County, Florida. Page 127 of 427 FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve renaming Belterra Place to Pinnacle Place North, authorize the Chair to sign the Resolution, direct staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 08, 2021 Daniel McIntyre, County Attorney Date: November 09, 2021 Mark Satterlee, Deputy County Administrator Page 128 of 427 November 5, 2021 Saint Lucie County Property Appraiser Swe eCker h'cd 1:4,514 0 187.5 375 750 ft 0 55 110 220 m Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Page 129 of 427 CFN # 4850547 PLAT BOOK 94 PAGE 23, Recorded 04/20/2021 09:06:43 AM SAINT LUCIE COUNTY Deputy Clerk PETERSONZ ALL OF TRACT B, ACCORDING TO SOUTHERN GROVE REPEAT NO, 30, AS RECORDED IN PLAT BOOK 87, PAGES 17 THROUGH 19, PUBLIC RECORDS OF ST. LUCIE COUNTY; FLORIDA, i + # i. a ■ i .,i i ■ � A i r # M �i1i ■ a . r' a � ■ ■ s i t ■ • � x i i !"' • a x � s i ■ ar ■ A � r ■ � i !r ■ : A a �e i t ■ a a r ■ ■� • Aix i " • ! ! i a • a • ■'� " c i i 4 i r 1 ♦ . ra a sr� l a x f �� a� � p i R it' {i x A r i • a a . i a i i■ a a, i j i . se. r � .x � e i � ■ . ■ ■ i* r.■� i r A a r a x a a � r� A i � r w' a i i . �r A- ■ d k s a i '" ' i • ■ � �r a • A a a x ■� �a � r �l +i � i ra■ x it � .� � r. ■ x x a � r ■ r r . r � ■ r x e' i a �� rar �"" , ■ x r � a fFNE-Gff T'&-FACIr rrA * a f DESTROYEDANY PERMITTED IMPROVEMENTS OVER THE UTILITY EASEMENT, WHICH ARE NOT PRECLUDED BY THE FOREGOING, WHICH MAY BE DAMAGED 0 BY ir. OR ASSIGNS, DESIGNEES OR CONTRACTORSOPERATION, ACCESS FACILITIES.SUCCESSORSSHALLa REMOVAL r IMPROVEMENTS, WHICH ARE ` r i IN VIOLATIONOR ABOVE, IF VIOLATING IMPROVEMENTS UPON REQUEST,w OR ASSIGNS,DESIGNEES OR CONTRACTORS WILL REMOVE SAID IMPROVEMENTS LIABILITY RESPONSIBILITY, THEREFORE, THE CITY SHALL NOT BE RESPONSIBLE FOR ANY MAINTENANCE OBLIGATIONS FOR SAID EASEMENT AREA OR SU yEXCEPT AS SHALLRELATE TO THE SERVICING OF SUCH PUBLIC UTILITIES BY s BUFFER TRACTS■ i AND '■ AS O ARE r■Y DEDICATED TO THE BELTERRA HOMEOWNERS ASSOCIATION, SUCCESSORSAND ASSIGNS,O " BUFFER,•x ' PURPOSES AND ARE THE PERPETUAL MAINTENANCE OBLIGATION OF SAI ASSOCIATION. - AND R-2 AS SHOWN HEREON, RE BELTERRA I-IOME'�+''�I'-�ERS ASSOCIATION, INC.. ITS 7 THE RECREATION TRACTS R 1 A WN H R A HEREBY DEDICATED , O THE l RECREATION PURPOSES AND ARE THE PERPETUAL MAINTENANCE E SUCCESSORS AND ASSIGNS FOR RECREA P M OBLIGATION OF SAID ASSOCIATION. 8) THE FUTURE DEVELOPMENT TRACT C, AS SHOWN HEREON, IS HEREBY RESERVED TO MATTAMY PALM BEACH LLC, A DELAWARE LIMITED LIABILITY COMPANY. 9) TRACTS X-1, X-2, X-3, X-4 AND Z, AS SHOWN HEREON, ARE HEREBY RESERVED TO GRBK GHO BELTERRA; LLC, A DELAWARE LIMITED LIABILITY COMPANY, i x AND Z FUTURE DEVELOPMENTTRACTS ARE O, TEMPORARY DRAINAGE TRACTS. ■ r.rY EASEMENTS WILL EXPIRETRACTSWHEN PERMANENTARE PROVIDED ON THE REPLAT, SUCH TEMPORARY O Ali DRAINAGE .r A AND UTILITY EASEMENTS RUN IN FAVOR, AND . i BE OR THE BENEFIT,OWNER(S) O. THE LANDS tmm STATE OF FLORIDA COUNTY OF ST. LUCIE COUNTY THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY MEANS OF ((PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THfS2q DAY HE HANDLER, AS MANAGER OF GRBK GHO BELTERRA, LLC A FLORIDA LIMITED LIABILITY COMPANY OF , 20 BY WILLIAM HA R MI , ON BEHALF OF T H IS PERSONA LY KN E OR HAS PRODUCED AS IDENTIFICATION. COMPANY`, WHOL m�..m, p- M �- SEAL NOTARY PUBLIC, STATE OFF PRINTTNAME: COMMISSICIN,-N - .: .. MY COMMISSION EXPIRES: ` 1' / � f r / t s 3 /U �'< ✓ � y ems„ ..,}� � .\ ✓ '.�. .,.,. ., � ,}... -, s` .,}} lrY'r. ! r, ,: , }r/st:.y.. f. } ry ,1 ,J '�. .. ISH fim JANUARY 202 STATE OF FLORIDA COUNTY OF PALM BEACH COUNTY THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY MEANS OF XPHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF _ 20 , BY AS *J'f OF MATTAMY PALM BEACH LLC, A DELAWARE LIMITED LIABILITY COMPANY, ON BEHALF OF THE COMPANY, WHO IS PERSONALLY kNOWN TO ME OR':HAS PRODUCED AS IDENTIFICATION. -- SEAL r NOTARY PUBLIC STATE OF _6±14 PRINT NAME; COMMISSION NO.: EXPIRES: ACCEPTANCE OF DEDICATIONS. STATE OF FLORIDA COUNTY OF ST. LUCIE �, -■ � �,... i ■ .. � r. � .. � .fir.. a .R � i c i ■ � i i j i R ae � r x rir i i p ■ � i r � a i r�,� r a i r • a i , ■ r ACKNOWLEDGEMENT STATE OF FLORIDA THE FOREGOING INSTRUMENT WAS AC NOWLEDG',ED BEFORE ME BY MEANS OF El PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF 021 BY OF SOUTHERN GROVE COMMUNITY DEVELOPMENT DISTRICT NO. 1, A FLORIDA NOT FOR PROFIT COMPANY, WHO EXECUTED THE SAME ON BEHALF OF AND WITH THE AUTHORITY OF SAID ENTITY AND WHO IS PERSONALLY KNOWN TO ME OR HAS PRODUCED AS IDENTIFICATION, 1 g SEAL e � w NOTARY PUBLIC, �G • ., , ' B PRINT NAME: , STATE COMMISSION NO.: Y COM SION EXPIRES: STATE OF FLORIDA COUNTY OF ST, LUCIE BELTERRA HOMEOWNERS ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, HEREBY ACCEPTS THE MAINTENANCE RESPONSIBILITY FOR TRACT A, TRACT B-1, TRACT B-2, TRACT B-3, TRACT SW-1, TRACT R-1 AND TRACT R-2, THE UTILITY EASEMENTS, ACCESS EASEMENTS AND THE DRAINAGE EASEMENTS AS SET FORTH UPON THE WITHIN PLAT AND SPECIFICALLY DEDICATED TO BELTERRA HOMEOWNERS ASSOCIATION, INC. I DATED TH142rDAY OF _, 2021. STATE OF FLORIDA COUNTY OF ST. LUCIE COUNTY �27D's Y OF FLORIDA CORPORATIONR PROFIT, ON AS IDENTIFICATION. INSTR # 4850547 P 8K 94 Pages 23 - 29 RE CORDED Ril ED 0 4l 2Ci t 2C12 SAINT LUCiE t COUNTY �9:06:43 A�g7 ti 1. ffiffmamumommm PLAT BOOK q � k) r, PAGE SHEET 1 OF 7 CLERK'S CEkTIFICATION STATE OF rLORIDA COUNTY OF ST, LUCIE r COUNTY FLORIDA. DO HEREBY CERTIFY THAT THIS PLAT HAS B E P I WITH I, MICHELLE R. MILLER, CLERK OF COURT OF ST. LUCIE R BEEN EXAMINED, AND THAT IT COMPLIES N FORM ALL THE REQUIREMENTS OF THE LAWS OF FLORIDA PERTAINING TO MAP. SAND PLATS, AND THAT THIS PLAT HAS BEEN FILED FOR RECORDS IN PLAT BOOK q4t,PAGES F THE -U IC F2EC0; S OF S LUCIE COUNTY, FLORIDA, THIS AY OF 2021. BY mi . ELLE R. MILL E CLERK OF THE CIRCUIT COURT T. LUCIE COUNTY, FLORIDA STATE OF FLORIDA COUNT;' OF ST, LUCIE IT IS HEREBY CERTIFIED THAT THIS PLAT OF BELTERRA PHASE 1 PLAT 1, HAS BEEN OFFICIALLY APPROVED INCLUDING THE RELEASE OF ALL PRIOR DEDICATIONS APPLICABLE TO THE LANDS BEING PLATTED HEREIN AND ALL DEDICATIONS TO THE CITY OF PORT ST. LICIE HEREIN ARE ACCEPTED FOR RECORD BY THE CITY COUNCIL OF THE CITY OF PORT ST, LUCIE, FLORIDA, THIS __ DAY OF 2021 CITY OF PORT ST. LUCIE ATTEST: G REGORNQXRAVEC, MAYOR F,1 jl�„I r,— 01; z >r 1 �I CUIT COURT j { T, 6T� LUCIEj;. Page 130 of 427 PLAT BK 94 PG 24 x PHASE '� {sC.r`£, �{Z tgt%l�rt,{{{l+s{{jis� ., t£ ��£{rPLAT o 'r{I'� f i t{{,,.3,..<; �y,� l st � t � 1 ? ,. +�.,.5,1.ss�tt� f Frt�ti< F {,rO'/' �iss<s r�. �3;,��,, {trl".�; `�{.<,.,s ,.,ra*.If,:3f{7S, ,5��: �s£s'?7?} v ,#iK;,t),c„ � �s<C.sY:SNf , r ,;,ilf�:i"^ f „ti': , Nk tt Eli u It STATE OF COUNTY OF _ ■a / " t ! it ' !!� r . � � ! ! . i � ! •rail ii � ! i JBGL BUILDER FINANCE LLC. DATED THIS V4 DAY OF �1St04tQ# 2021 BY: r !-1 iiiii � I- I'll 1 1. TITLE: STATE OF COUNTY OF . __ : NOTARY i PUBLIC, STATE PRINT i fI'� COMMISSION NO,A11 WITNES ' i MY COMMISSION EXPIRES.inma STATE FLORIDA !UR " T OF 1, CHARLES W, EDGAR, 111, MEMBER OF THE FLORIDA BAR, HEREBY CERTIFY THAT AS OF 1"0"49 10 2021 ATAF#AfPM. 1) APPARENT RECORD TITLE TO THE LAND DESCRIBED AND SHOWN ON THIS PLAT OF BELTERRA PHASE 1 PLAT 1, IS VESTED IN GRBK GHO BELTERRA, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND MATTAMY PALM BEACH LLC, A DELAARE LIMITED LIABILITY COMPANY, AS TO TRACT C ONLY, WHICH ARE THE ENTITIES EXECUTING THE DEDICATION HEREOF. 2) ALL RECORDED MORTGAGES, NOT SATISFIED OR RELEASED OF RECORD, ENCUMBERING THE LAND DESCRIBED HEREON ARE LISTED A FOLLOWS: MORTGAGE IN FAVOR OF JBGL BUILDER FINANCE LLC, A TEXAS LIMITED LIABILITY COMPANY, RECORDED IN OFFICIAL RECORDS BOOK 4125, PAGE 184 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY„ FLORIDA, AS SPREAD TO THE PROPERTY SHOW HEREON OTHER THAN TRACT C, BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOKS BOOK 4519, PAGE 2397, OF SAID PUBLIC RECORDS. 3) PURSUANT TO FLORIDA STATUTE 197.192, ALL TAXES HAVE BEEN PAID THROUGH THE YEAR 20 DATED TH1 DAY OF Alt or, 2021. CHARLES W. EDGAR, Ill -- BAR NO.291862, CHERRY, EDGAR & SMITH, P.A. 8409 NORTH MILITARY TRAIL, SUITE 123, PALM BEACH GARDENS, FL 33410 PREPARED LANDON :S OF 11 sxl ,rr er fr,ur {� � 814 SOUTH MILITARY TRAIL RFIELD BEACH, FLORIDA, i PHONE: '1411 am Of 7 ��� t 6Oi 2, NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED GR4PWIC RECORDS3. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED 011'T HIS PLAT THAT MAY BE FOUND IN THE PUBLIC iKim ill: r 6, ALL LIKES SHOWN HEREON THAT INTERSECT CIRCULAR CURVES ARE RADIAL TO THE INTERSECTION CURVE UNLESS OTHERWISE NOTED,. THIS DAY OF 2021 FOR THE FIRM. LANDOJ M. CROSS PROFESSIONAL. SURVEYOR :AND MAPPER FLORIDA REGISTRATION NO. LS3348 CPC, INC. LB # 2936 814 SOUTH MILITARY TRAIL DEERFIELD BEACH, FL 33442 PLAT BOOK PAGE SHEET 2 OF 7 Page 131 of 427 0 200 400 600 GRAPHIC SCALE: 1" - 200' FND, 4" ROUND - CONCRETE MONUMENT PRM LB, #7062 02E !P.® WEST LINE "1 001, SET 5/8" IRON ROD WITH CAP "PRM LB 2936" ui U) C-0 > 0 r-- rig Lu Lu x �0- Lu U) z ul 0 Of yi CL Z CD 0 0 < D 0 LL uj CL cr- z UJ 00 LIJ U) c6 < 00 00 06 00 (a W 4 D m U) En CD 0 0 2 z Ir Z IL 0 CL L0 00 FND, 5i8" I.R. WITH CAP L.B. #3591 OES, 1,0'E. INDEX MAP: (NOT TO SCALE) PARCEL28 P.B. 61, PG. 17 10'P ' U.E P,B, 61, PGA7, ------- ------ SET 5/8" IRON ROD WITH CAP 'PRM LB 2936" BECKER ROAD 10'RU.E O.R.& 2899, PG. 2933 R& 61, PG 17, S89054'26"E 2048.92' - - -------- SET 5/8' IRON ROD 1300.00'(PRM TO PRM) 748.92'(PRM TO PRM) WITH CAP "PRIM LB 2936" NORTH LINE OF PARCEL 29 FND, 4"x4' SOUTHERN GROVE PLAT NO.3 CONCRETE MONUMENT P.S. 61, PG. 17-50 PRM L.B. #7062 Q'I's. COMITIUMITT BOIL9-TARD RIGHT-OF-WAY O.R.B. 393:5 PG, 2995 SET 518" RON ROD WITH CAP "PRM LB 2936" =01 p lills � = 11 =10 wmilw�.Jwjeil SIVIU] riltMil GHWITE FLO nl*3 P.B;. 61, PG. 17-50 TRACT C 164.197 ACRES w2ffwx *► 1 LEGEND SET PCP LB#2936 o SET 5/8" IRON ROD WITH CAP "PRM LB 2936" In FOUND 4'W" CONCRETE MONUMENT LABELED AS NOTED CENTERLINE -1 158-33'(PRM TO PRM--- FND, 4"x4" CONCRETE MONUMENT PRM L.B. #7062 02N, FTTTTZTvi= A = ARC LENGTH A = DELTA C.M. = CONCRETE MONUMENT D.E. = DRAINAGE EASEMENT D.B. = DEED BOOK EEL. = FLORIDA POWER & LIGHT FND, = FOUND I.R. = RON ROD M& = MEASURED N/D = NAIL & DISC N.G,V.D, = NATIONAL GEODETIC VERTICAL DATUM N,T,S, = NOT TO SCALE O.R.B. = OFFICIAL RECORDS BOOK SHEET 3 OF 7 P.B. = PLAT BOOK P.C. = POINT ON CURVATURE PCP = PERMANENT CONTROL POINT PG. = PAGE (S) P.L.S. = PROFESSIONAL LICENSER SURVEYOR P,O,B. = POINT OF BEGINNING FIRM = PERMANENT REFERENCE MONUMENT P.U.E. = PUBLIC UTILITY EASEMENT R = RADIUS R.B. = RADIAL BEARING Rid/ = RIGHT-OF-WAY SLCR = ST, LUCIE COUNTY RECORDS U.E. = UTILITY EASEMENT WEST LINE BECKER ROAD WEST 'A" TRACT RAN ANT (P, E 87, PGS, 20-22) 936 2'S A=353.23'(PRM TO PRM) APPROXIMATE QUARTER LINE FND 4N4" SECTION 34-37-39 CONCRETE MONUMENT PRM L.B. #7062 02S., 03E, PARCEL28 I'Ncr)(4 'j- P.B. 61, PG. 17 C rRAcrRq 0 OA (Ae 946 'rf?A C 7P,4C7- R-2 o 7-1 'Or t --- � TRACT Sw-1 /4 07-141 LOT 140 I LOT 139 LOT 138 id j SET 518" IRON ROD WITH CAP "PRM LB 2936" 10'U.E. F OR,& 4408, PG, 2297 581.02' 1297.59'(PRM TO PRM (PRM TO PRM) N89054'26"W 705.56' .......... PRM L.B. #7062 0.51S. I NOW Page 132 of 427 PLAT BK 94 PG 26 iR 2899,p'?OAD G. 2933 LtUtNU * , SET PCP LB#2936 o SET 5/8" IRON ROD WITH CAP "PRIM LB 2936" 11 FOUND 4"x4" CONCRETE MONUMENT LABELED AS NOTED CENTERLINE uj gi c A122- , REPLATTING TRACT B, SOUTHERN GROVE REPLAT NO. 30, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 87, PAGES 17 THROUGH 19 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING IN SECTION 34 , TOWNSHIP 37 SOUTH, RANGE 39 EAST, CITY OF PORT ST. LUCIE, ST. LUCIE COUNTY, FLORIDA PREPARED BY: NATASA ILIC OF W E A C7 R/ " ST L 11VE 8EC'�R I�QAD E TR z:4 1p 8, 87, JOGS, 20-22) R WES7- 925, 00, 421 - 72 14� '-`4-54'220l C 4 61 FND 4"x4" zz4,995 - 00, 3 1 1 z2,56 CH, CONCRETE MONUMENT 42, PRIML.B. #7062 C. 8 '5 59, C /Y ."" 44 02&, 03E. z256, 08 PG R'Z4 A zz 00, ci C 4z7- 06' 7'RAC�'� cc C 0 40296S N?3 00'P Q, 0 16, 16 564, 0,925 ls; 3,99, ,, ACReS IQ 00, 00, 4- �24 7 7'&,A / 4Z2 0 59' , 41, 31`zC�R 23105S rr 8' z:W7 0 38 CH, 5 44'261 0, 713,qCRES 0,530 247, 39, it R�74736 , 0 le- 4,co S13'12'01"W 8, 7810, Li 0,20' C S, 55' 170 c S73- Z�i D 16' Q' j 8 ---------- R--4686 "r- do, c4z2 088, �01 , p 18' I Zs7s & F C H , , '38'46,, 186, 79, S �RA CTX2 0 26 035 S 598 A cpi,Es Aloo-00, 00" Rz4545 0,20, w A Z�18 00, 4%2 0 1, C. 8, 18'30k zzA/75 C H, Z 18 3. 10,4 p, K/ TRACT SW-1 145 1918, S.F. 3.333 ACRES 572 0 2s oo, 00, 7� 12, 46 cl 8 00" 6 60 CH, s C.4�. 4�'S62�40'40,,012.0, 3, 03- lq�cz490. QS.Zzsz, 06 1t2 C lV?3 - 8341, L) 24, 3 17?� 29, 0 Pv Q 00 C 4�89� 36�91, 343,� 10'52"•z�'/V2,7- 2IS', 43,54,, w o00, 454, 788,q 14 -1 00, CRES l R,-2,5 06, /'t Z! . ;4 2. 04a �0 / C �' -AID 7, �00',o P� " 43 �142 C -AID,7 26 4 3 Q3,5, /y 5,00, '90-49, 2 IS, Cly, z35,6 'S' 143 a 00 142 8985'� 5?'4 14 0.00, 7 141 co, it 10543 c\; it co 00, .... ... CO I zz G 0� CO 140 CO 120o7 S. cc .00 ct ra csa Jf 00 r. CO 7. 00, p. co 139 5, 001P'U�E. C"'j If a 1, 10543 &R < 0� fi CO 140, 0 CO l< CN co: 138 1 10543 S,F. I CN < S86'07'14g'E 140,001 ' ` 125,00' 25.00` 00 11.9 JANUARY 2021 00, P, p, C7- CID 8-2 ila/'1057iq�CSP ES 6 4�- CID S�2- 19:20'F7 25 nn, m MUM 50 100 GRAPHIC SCALE: I 5w 207 79,20,,;� 946.,91, 94 N72 '920 69, p 16051'32" i S0802546V 4041'49" 1439,77' MATCH LINE (SEE SHE ............ MATCH LINE (SEE SHEET 6 OF 7) A = ARC LENGTH A = DELTA C'M. = CONCRETE MONUMENT D,E, = DRAINAGE EASEMENT D.B. = DEED BOOK F,P,L, z FLORIDA POWER & LIGHT FND, = FOUND LR, = IRON ROD S. = MEASURED N/D = NAIL & DISC N,G,V.D, = NATIONAL GEODETIC VERTICAL DATUM WTS, = NOT TO SCALE O.R,B. = OFFICIAL RECORDS BOOK P.B. = PLAT BOOK P.C. = POINT ON CURVATURE PCP = PERMANENT CONTROL POINT PG, = PAGE (S) P.L.S. = PROFESSIONAL LICENSED SURVEYOR P.O.B. = POINT OF BEGINNING PRM = PERMANENT REFERENCE MONUMENT P, U.E. = PUBLIC UTILITY EASEMENT R = RADIUS R.B. = RADIAL BEARING R)lW = RIGHT-OF-WAY SLCR = ST. LUCIE COUNTY RECORDS U,E. = UTILITY EASEMENT SET 51`8" IRON ROD WITH CAP nPRM LB 2936" I I Page 133 of 427 PLAT BK 94 PG 27 R= 137, 00' L=21UO' A=90,00,00" CH=193.75' CB=NOO'49'01"W 0 50 100 GRAPHIC SCALE- V 501 R= 137, 00' L=215,204 A=90,00,00" CH=19175' CB=N00'49'01"W ffllall��� A - = ARC LENGTH DELTA CM, = CONCRETE MONUMENT D.E. = DRAINAGE EASEMENT D.B. = DEED BOOK F.P.L. = FLORIDA POWER & LIGHT FND. = FOUND 1,R. = IRON ROD M& = MEASURED WID = NAIL & DISC N,G.V.D. = NATIONAL GEODETIC VERTICAL DATUM N.T.S. = NOT TO SCALE Q.R.B. = OFFICIAL RECORDS BOOK P.B. = PLAT BOOK P,C, = POINT ON CURVATURE PCP z PERMANENT CONTROL POINT PG. G = PAE (S)O P.L.S. = PROFESSIONAL LICENSED SURVEYOR P.O.B. = POINT OF BEGINNING FIRM = PERMANENT REFERENCE MONUMENT P,U,E. = PUBLIC UTILITY EASEMENT R = RADIUS R.B. = RADIAL BEARING RIW = RIGHT-OF-WAY SLCR = ST. LUCIE COUNTY RECORDS U.E. = UTILITY EASEMENT ' 4 191-1 0 A Vol L? 0 � , & y , /101 S74',5 TRACT SW-1 3.0 145191 S.F. 3,333 ACRES TRAU17--3 238 5.469 ACRES 11301, 1 "7 R=135.00' A= 113,27' A=48'04'20" C.B,=S68'13'09"W CH.=109.9T R=465,00' N--96.237 6-11-51'27" C,8,--S84-j6'07"W CH.=96,06* MATCH LINE (SEE SHEET 4 OF 7) .......... . -- -------- R=1665.00' A=74.40' R=1525.00' A=2433'37" A=68.16' L0 C.B.=S02'35'58"W A=2'33'39"k CH,=74.39' C.B,=802'35'57"W < CH.=68,15' I b 25,00' 25,00' C� =25 R=25.00' R ui ui '00' A=3&91' A uj C=> R=25.00' 2 A=8901 0'52" A=39.23' C3,=N27'43'54"W B,=N27 4354"W 0 CD CD CD A=89'54'26" CH 35 .10 CH.=35.10' cn U) C.B.=S44'5T1TE CH,=35.33' N89.54,26 W 57 7Z N89'54'26"W 5712' BEL TERRA PL,, cn c;> LO L —L6 -.CL— -18 ci N99054'26"W m 320' S89'54'26'E 00 \-R=25�OU R=25 25�88 � R=25.00g 5,00'P.Ul. A 3 31' A=39,31' A=90*05'34" A=391� 7,00'P.0,5. ZD 4' q C3,=S45'02'4TW A=89-54'26 LIFT C) 0 CD CH.=3538' :16 C. B, N 4 4 5 Tl 3W----, V STATION CD CH,=3533 EASEMENT' SEE DETAIL-� E TRACT T R=975,00' A=82.33' — 3 B A=4'50'1 8" C,&=S02*25'09"E 7 S.F, 43�9 CH.=82.31' A 71 ACRES', 0 ol S85-002°V 585o 7% MATCH LINE (SEE SHEET 7 OF 7) N890-54'26"W 485.41' It # 44tk 18 51 184 7445 4050 5SO S0802546'"I, 14397T -091 054'26"E "OU00"ll TRACT B - 3 CURVE TABLE mv imli'm MANI ME IN , W.1111111 Cl Y P1 AT P001I I onowmmmmmmmw PREPARED BY- NATASA ILIC OF CARIVA&4AJY PFtOCTOR & CRCUM 814 SOUTH MILITARY TRAIL DEERFIELD BEACH, FLORIDA, 33442 PHONE: (954) 972-3959 CERTIFICATE OF AUTHORIZATION # 2936 JANUARY 2021 Im LEGEND, SET PCP LB#2936 o SET 5/8" IRON ROD WITH CAP 'PRM LB 2936" 11 FOUND 4"A" CONCRETE MONUMENT LABELED AS NOTED CENTERLINE DETAIL GRAPHIC SCALE: 110 = 30' R=25.00' A=39.23' N89054'26"W A=89'5426' C.B.=N44'57`13`W 32.00' CH,=35,33' N90000,0011W 4TOV N00*00'010"W 16 65 LIFT STATION EASEMENT R-- 1025 00' A=34g, �2 L=1051'40" Cff=S00'55'50"E CH =33 Z9' N90'00'00'E 55' 7,00'P,U-E, P, .E, 5.00, P..E U.E. R= 1025, 00' TRACT A=86.56' A=4*50'18' B — 3 I C.B.=S02-26 TE 7 439 S.F. II CH.=86.53' 0.171 ACRES Page 134 of 427 PLAT BK 94 PG 28 MATCH LINE (SEE SHEET 4 OF 7) q CENTERLINE 111�§ ART",, 7m,e, Flow -CIE. NATASA ILIC O;F 814 SOUTH MILITARY TRAIL DEERFIELD BEACH, FLORIDA, 33442 PHONE: (954) 972-3959 50 Im GRAPHIC SCALE: I" = 50' SHEET 6 OF 7 r1r.ro-TTOMEM A = ARC LENGTH A = DELTA C.M. = CONCRETE MONUMENT D.E. = DRAINAGE EASEMENT D.B. = DEED BOOK F.P.L. = FLORIDA POWER & LIGHT FND. = FOUND I.R. = IRON ROD Ms. = MEASURED N/D = NAIL & DISC N.G.V.D. = NATIONAL GEODETIC VERTICAL DATUM N.T.S. = NOT TO SCALE O.R.B. = OFFICIAL RECORDS BOOK P.B. = PLAT BOOK P.C. = POINT ON CURVATURE PCP = PERMANENT CONTROL POINT PG. = PAGE (S) P.L.S. = PROFESSIONAL LICENSED SURVEYOR R0,13, = POINT OF BEGINNING PRM = PERMANENT REFERENCE MONUMENT P.U.E. = PUBLIC UTILITY EASEMENT R = RADIUS R.B. = RADIAL BEARING R/W = RIGHT-OF-WAY SLCR = ST. LUCIE COUNTY RECORDS U.E. = UTILITY EASEMENT Page 135 of 427 PLAT BK 94 PG 29 TRACT C LL 0 z Lu R=322.00' Lu L=364,49' A=64'51'21" uj CH=345.34' CB=N32'25'41`E 0 50 100 III GRAPHIC50' F i:! I'll I mi.9mmmu= gu110mum mmKow-wom �ql FTEPWIl�Ell7 NATASA ILIC OF 814 SOUTH MILITARY TRAIL DEERFIELD BEACH, FLORIDA, 33442 PHONE: (9S4) 972-3959 LzkQc-p1zF---#ll ii N89054'26"W 1542,80' DA WATER MANAGEMENT DISTRICT CANAL C-23 • LEGEND SET PCP LB#291 0 SET 5M" IRON ROD WITH CAP'PRM LB 2936" FOUND 4"x4" CONCRETE MONUMENT LABELED AS NOTED CENTERLINE PLAT BOOK q q PAGE q_ A = ARC LENGTH P.B. = PLAT BOOK A = DELTA P.C. = POINT ON CURVATURE C.M. = CONCRETE MONUMENT PCP = PERMANENT CONTROL POINT D.E. = DRAINAGE EASEMENT PG, = PAGE (S) D,& = DEED BOOK P.L.B. = PROFESSIONAL LICENSED SURVEYOR FP1. = FLORIDA POWER & LIGHT P.0,13, = POINT OF BEGINNING FND, = FOUND PRM = PERMANENT REFERENCE MONUMENT LR, = IRON ROD P.U.E. = PUBLIC UTILITY EASEMENT M& = MEASURED R = RADIUS N/D = NAIL & DISC R.B. = RADIAL BEARING N.G.V.D. = NATIONAL GEODETIC VERTICAL DATUM R/W = RIGHT-OF-WAY N.T.S. = NOT TO SCALE SLCR = T. LUCIE COUNTY RECORDS O.R.B. = OFFICIAL RECORDS BOOK U.E. = UTILITY EASEMENT 581.0fir. ' (PRM TO PRM) 100 0 w i it-IN"I Page 136 of 427 RESOLUTION NO. 2021-410 DATE: NOVEMBER 16, 2021 A RESOLUTION RENAMING BELTERRA PLACE TO PINNACLE PLACE NORTH ON THE PLAT OF BELTERRA PHASE 1 PLAT 1, LYING IN SECTION 34, TOWNSHIP 37 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.05(1), Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads lying outside the boundaries of any incorporated municipality. 2. Pursuant to Ordinance No. 87-8, Part A, St. Lucie County Code of Ordinances Section 36- 51, there shall be no duplication of street names in St. Lucie County. 3. Pursuant to St. Lucie County Land Development Code Section 7.05.08(C)(2), streets, regardless of functional classification, which run parallel to the north -south base line (Orange Avenue) shall be called avenue, drive or some other designation beginning with a letter in the first half (A through M) of the alphabet. Street, regardless of classification, which run parallel to the east -west base line (U. S. Highway 1) shall be called terrace, place, or some other designation beginning with a letter in the second half (N through Z) of the alphabet. 4. The Property Acquisition Division received a request from Chuck DeSanti at GHO Homes to rename Belterra Place to Pinnacle Place North on the plat of Belterra Phase 1 Plat 1. Public Safety, City of Port St. Lucie and the Property Acquisition Division have reviewed, verified and approved the street name Pinnacle Place North. 5. Belterra Place is a private right-of-way, lying in Section 34, Township 37 South, Range 39 East shall be renamed as follows and more particularly shown on attached Exhibit "A": BELTERRA PLACE to PINNACLE PLACE NORTH 1 Page 137 of 427 Florida: NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, A. Belterra Place is a private right-of-way lying in Section 34, Township 37 South, Range 39 East, shall be renamed as follows and more particularly shown on attached Exhibit "A": BELTERRA PLACE to PINNACLE PLACE NORTH B. The Property Acquisition Division is hereby directed to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Commissioner Chris Dzadovsky xxx Commissioner Sean Mitchell xxx Commissioner Linda Bartz xxx Commissioner Frannie Hutchinson xxx Commissioner Cathy Townsend xxx PASSED AND DULY ADOPTED this 16th day of November, 2021. ATTEST: DEPUTY CLERK i BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA CHAIR APPROVED AS TO FORM AND CORRECTNESS: By: COUNTY ATTORNEY Page 138 of 427 November 5, 2021 Saint Lucie County Property Appraiser Swe eCker h'cd 1:4,514 0 187.5 375 750 ft 0 55 110 220 m Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Page 139 of 427 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division 8.D.7. 2021-52650 CONSENT AGENDA -COUNTY ATTORNEY DATE: 11/16/2021 *ACTION ITEM - AMENDMENT QUASI-JUDICIAL ITEM? No SUBJECT: Addendum to Contract for Sale and Purchase - Seacoast Air Conditioning and Sheet Metal, Inc. - Parcel ID 1429-501-0008-000-4 (West) Addendum to Contract for Sale and Purchase - Seacoast Air Conditioning and Sheet Metal, Inc. - Parcel ID 1429-501-0020-000-4 (East) On September 7, 2021, the Board of County Commissioners approved a Contract for Sale and Purchase with Seacoast Air Conditioning and Sheet Metal, Inc. to purchase Parcel ID 2419-501-0008-000-4 from St. Lucie County. On October 5, 2021, the Board of County Commissioners approved a Contract for Sale and Purchase with Seacoast Air Conditioning and Sheet Metal, Inc. to purchase Parcel ID 2419-501-0020-000-4 from St. Lucie County. Seacoast Air Conditioning and Sheet Metal, Inc. held their Pre -Application Meeting with Planning & Development Services on November 4, 2021. They were informed they needed to modify their site plan to meet the minimum setback requirements. In order to accomplish this minor redesign, they are requesting an extension of the feasibility determination period and the closing date. Attached for your review and approval are the Addendum/Modification for each of the Contracts for Sale and Purchase. County staff has no objections. BACKGROUND: On September 7, 2021, the Board of County Commissioners approved a Contract for Sale and Purchase with Seacoast Air Conditioning and Sheet Metal, Inc. to purchase Parcel ID 2419-501-0008-000-4 from St. Lucie County. On October 5, 2021, the Board of County Commissioners approved a Contract for Sale and Purchase with Seacoast Air Conditioning and Sheet Metal, Inc. to purchase Parcel ID 2419-501-0020-000-4 from St. Lucie County. Page 140 of 427 Seacoast Air Conditioning and Sheet Metal, Inc. held their Pre -Application Meeting with Planning & Development Services on November 4, 2021. They were informed they needed to modify their site plan to meet the minimum setback requirements. In order to accomplish this minor redesign, they are requesting an extension of the feasibility determination period and the closing date. Attached for your review and approval are the Addendum/Modification for each of the Contracts for Sale and Purchase. County staff has no objections. PREVIOUS ACTION: July 27, 2021- Board of County Commissioners approved Bid No. 21-048 being awarded to Christopher P. Langel. September 7, 2021 - Board of County Commissioners approved a Contract for Sale and Purchase with Seacoast Air Conditioning and Sheet Metal, Inc. to purchase Parcel ID 1429-501-0008-000-4 from St. Lucie County. October 5, 2021 - Board of County Commissioners approved a Contract for Sale and Purchase with Seacoast Air Conditioning and Sheet Metal, Inc. to purchase Parcel ID 1429-501-0020-000-4 from St. Lucie County. FINANCIAL IMPACT: Proceeds of the sale will be incorporated into the Airport's budget. RECOMMENDATION: Staff recommends the Board approve the addendums to the contract for sale and purchases, authorize the Chair to sign the addendums and direct staff to proceed with the closings and record the county deeds in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None W14, Daniel McIntyre, County Attorney Coordination/Signatures Date: November 09, 2021 Date: November 10, 2021 Page 141 of 427 Stan Payne, Director of Air & Sea Port Howard Tipton, County Administrator Date: November 10, 2021 Page 142 of 427 Saint Lucie County Property Appraiser August 20, 2021 1:4,514 D 187.5 375 750 ft D 55 110 220 m Sources: Esri, HERE, Gannin, USGS, Intennap, INCREMENT P, NRCan, Esri Japan, MET], Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Page 143 of 427 Saint Lucie County Property Appraiser September 17, 2021 1:4,514 187.5 375 750 ft 55 110 220 m Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Page 144 of 427 I& Seam Brawara Board of Beaftors ADDENDUM/MODIFICATION This is an Addendum/Modification of the Contract For Sale And Purchase Of Real Property entered between: SELLER: St. Lucie County Board of County Commissioners BUYER: SeaCoast Air Conditioning And Sheet Metal, Inc. PROPERTY: SEE BELOW The following changes are hereby added to and incorporated into the Contract For Sale And Purchase Of Real Property for the purpose of modifying said Contract: When in conflict with any provision of the Contract For Sale and Purchase of Real Property, the terms of the addendum/modification shall prevail. Property: Block 1, Lots 8 and 9, Airport Industrial Park - Unit One as recorded in Plat Book 10, Page 40 of the Public Records of St. Lucie County, Florida. PARCEL ID 1429-501-0008-000-4 Feasibility Determination shall be extended to February 4, 2022. Closing date to be extended to on or before February 18, 2022. All other terms and conditions of the Contract For Sale And Purchase Of Real Property shall remain in full force and effect. Christnher L-av,,(46 11/04/2021 Buyer Date Buyer Addendum/Modification Date Seller Date Seller Date THIS FORM HAS BEEN APPROVED BY THE SOUTH BROWARD BOARD OF REALTORS®, INC. Page 1 of I Rev. 3/ 11 /03 Serial#: 010777-600163-6058238 Prepared by: Anita Tubeck I Tubeck Realty Inc I anitatubeck@bellsouth.net 1 7724664030 PageS'RO 427 0 SOM Bnwer6 Bond of Reaftm ADDENDUM/MODIFICATION This is an Addendum/Modification of the Contract For Sale And Purchase Of Real Property entered between: SELLER: St. Lucie County Board of County Commissioners BUYER: Seacoast Air conditionina And—sjaeet u- PROPERTY: SEE BELOW The following changes are hereby added to and incorporated into the Contract For Sale And Purchase Of Real Property for the purpose of modifying said Contract: When in conflict with any provision of the Contract For Sale and Purchase of Real Property, the terms of the addendum/modification shall prevail. Property: Block 2, Lots 9,10 and west 140.62 Feet of Lot 8, Airport Industrial Park - Unit 1. Feasibility Determination shall be extended to February 4, 2022. Closing date to be extended to on or before February 18, 2022. All other terms and conditions of the Contract For Sale And Purchase Of Real Property shall remain in full force and effect. christnher L6iwQel, 11/04/2021 Buyer Date Buyer Addendum/Modification Date Seller Date Seller Date THIS FORM HAS BEEN APPROVED BY THE SOUTH BROWARD BOARD OF REALTORS8, INC. Page 1 of 1 Rev. 3/11/03 Serialk 032241-100163-6058630 '' Form Prepared by: Anita Tubeck I Tubeck Realty Inc I anitatubeck@belisouth.net 1 7724664030 PagES' -46%# 427 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisition Manager County Attorney 8.D.10. 2021-52305 CONSENT AGENDA -COUNTY ATTORNEY DATE: 9/7/2021 *ACTION ITEM - CONTRACT QUASI-JUDICIAL ITEM? No Contract for Sale and Purchase - Seacoast Air Conditioning and Sheet Metal, Inc. - Parcel ID 1429-501-0008-000-4 On May 2 and May 9, 2021, Bid No. 21-048 for the sale of real property located in the Airport's Industrial Park, was advertised. One -hundred forty-one (141) companies were notified, eight (8) bid documents were distributed and two (2) bids were received. The bid was opened on June 23, 2021 at 3:00 p.m. On July 27, 2021, the Board of County Commissioners approved Bid No. 21-048 being awarded to Christopher P. Langel. We have attached for your review and approval the Contract for Sale and Purchase of Parcel ID 1429-501- 0008-000-4 owned by St. Lucie County. PREVIOUS ACTION: July 27, 2021 - Board of County Commissioners approved Bid No. 21-048 being awarded to Christopher P. Langel. FINANCIAL IMPACT: Proceeds of the sale will be incorporated into the Airport's budget. I:Z��L�I► i► I�i;I Z��[�I►a Staff recommends the Board approve the Contract for Sale and Purchase with Seacoast Air Conditioning and Sheet Metal, Inc., authorize the Chair to sign the contract, direct staff to proceed with the closing and record the deed in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: APPROVE Page 147 of 427 MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None Coordination/Signatures Date: August 25, 2021 Stan Payne, Director of Air & Sea Port Date: August 27, 2021 Daniel McIntyre, County Attorney dr"+ Date: August 30, 2021 g Jennifer Hill, Office of Management & Budget Director Date: September 01, 2021 Howard Tipton, County Administrator Page 148 of 427 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division 8.C.6. 2021-52417 CONSENT AGENDA -COUNTY ATTORNEY DATE: 10/5/2021 *ACTION ITEM - CONTRACT QUASI-JUDICIAL ITEM? No SUBJECT: Contract for Sale and Purchase - Seacoast Air Conditioning and Sheet Metal, Inc. - Parcel ID 1429-501-0020-000-4 On July 27, 2021, the Board of County Commissioners approved Bid No. 21-048 being awarded to Christopher P. Langel. We have attached for your review and approval the Contract for Sale and Purchase of Parcel ID 1429-501-0020-000-4 owned by St. Lucie County. Staff recommends the Board approve the Contract for Sale and Purchase with Seacoast Air Conditioning and Sheet Metal, Inc., authorize the Chair to sign the contract, direct staff to proceed with the closing and record the deed in the public records of St. Lucie County, Florida. BACKGROUND: On May 2 and May 9, 2021, Bid No. 21-048 for the sale of real property located in the Airport's Industrial Park, was advertised. One -hundred forty-one (141) companies were notified, eight (8) bid documents were distributed and two (2) bids were received. The bid was opened on June 23, 2021 at 3:00 p.m. On July 27, 2021, the Board of County Commissioners approved Bid No. 21-048 being awarded to Christopher P. Langel. We have attached for your review and approval the Contract for Sale and Purchase of Parcel ID 1429-501- 0020-000-4 owned by St. Lucie County. PREVIOUS ACTION: July 27, 2021 - Board of County Commissioners approved Bid No. 21-048 being awarded to Christopher P. Langel. FINANCIAL IMPACT: Page 149 of 427 Proceeds of the sale will be incorporated into the Airport's budget. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase with Seacoast Air Conditioning and Sheet Metal, Inc., authorize the Chair to sign the contract, direct staff to proceed with the closing and record the deed in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None Coordination/Signatures Stan Payne, Director of Air & Sea Port Desiree Cimino, Purchasing Manager Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney Howard Tipton, County Administrator Date: September 20, 2021 Date: September 20, 2021 Date: September 20, 2021 Date: September 20, 2021 Date: September 27, 2021 Page 150 of 427 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel McIntyre, County Attorney County Attorney 8.D.8. 2021-52641 CONSENT AGENDA -COUNTY ATTORNEY DATE: 11/16/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No Permission to Advertise - Senior Management Service Class The Florida Retirement System (FRS) was established in 1970. The membership of the FRS is divided into five membership classes including the Senior Management Service Class, which was established in 1987, In order to be included in the Senior Management Service Class, a position needs to be full-time nonelective, managerial or policy making filled by employees who serve at the pleasure of the employer (Board) without civil service protection, lead organizational units or have responsibility to effect or recommend personnel, budget expenditure, or policy decisions in their area of responsibility. There are five (5) current County positions included in the Senior Management Class listed as follows: Position Number Effective Date 0000151708 01-OCT-18 0000051541 01-NOV-16 0000000535 91-J U N-94 0000000517 01-APR-05 0000000501 01-MAY-97 0000000500 01-JAN-90 Position Title Transportation Planning Org (TPO) Director Chief Information Officer County Attorney Asst. County Administrator Deputy County Administrator County Manager/Administrator There are thirteen (13) available positions. State law requires that a notice be published once a week for two weeks prior the meeting where the item is considered. In 2020, a Classification, Compensation and Benefits Study prepared by Cody & Associates, Inc. recommended that the position of Assistant County Attorney III be included in the Florida Retirement Systems' Senior Management Class. A copy of the job description for the Assistant County Attorney III position is attached. Other counties that have included Deputy or Assistant County Attorney in the Senior Management Class include Indian River, Palm Beach, Manatee and Osceola. Permission is requested to advertise in the legal columns of our local newspaper for two consecutive weeks of Page 151 of 427 our intent to designate the position of Assistant County Attorney III in the Senior Management Service Class of the Florida Retirement System. PREVIOUS ACTION: N/A FINANCIAL IMPACT: The annual cost of this change is estimated to be $45,651.95. The impact to the FY 21-22 Budget will be reduced as it will only affect part of the fiscal year. The additional costs will be covered from the County Attorney's operating budget (001-1410-5xxxxx-140000). RECOMMENDATION: Staff recommends the Board approve permission to advertise the designation of the Assistant County Attorney III position in the Senior Management Service Class of the Florida Retirement System. *6 ►] 7iW Kff9rLWT4"L@P►F RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 02, 2021 Daniel McIntyre, County Attorney Y-y-yy+ Date: November 03 2021 Jennifer Hill, Office of Management & Budget Director Date: November 08, 2021 Howard Tipton, County Administrator Page 152 of 427 JOB CODE 031537 PAY GRADE EX5 ASSISTANT COUNTY ATTORNEY III MAJOR FUNCTION: Highly responsible professional legal work as a member of the County's legal staff representing advisory boards and departments, advising elected and administrative officials, conducting civil suits, and handling more difficult and advanced cases and special projects. KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS OF THE POSITION: Knowledge: • Knowledge of judicial procedures at all judicial levels. • Knowledge of State and Federal statutory and State and Federal constitutional law and their application to County operations and ordinances. • Knowledge of software and office equipment to perform job duties. Abilities: • Ability to learn the organization, functions and authority of the various County departments and constitutional officers. • Ability to review and supervise work of subordinate employees and to coordinate with and instruct other departments concerning legal opinions and policy. • Ability to represent the interests of the County departments in drafting legislation and legal documents. • Ability to present and argue cases in court. • Ability to analyze cases in court. • Ability to analyze cases for their value as legal precedents. • Ability to deal tactfully and effectively with County elected officials, administrative officials, employees, court officials, attorneys and general public. • Ability to type and use Word Perfect essential. ESSENTIAL JOB FUNCTION: Prepares written legal opinions, ordinances, resolutions, contracts, leases and memoranda as assigned by the County Attorney, drafts and presents legislative bills to local delegations; negotiates terms and conditions of contracts and agreements. Serves as Attorney representing the County in such diverse areas as finance, tax, engineering, personnel, labor, public services, environmental regulation, utilities, zoning and administration; advises officials and employees on legal questions and prepares legal opinions; gathers facts, checks investigation reports, reviews files and answers correspondence. Participates in the preparation of assigned State and Federal cases for trial; makes discovery, prepares briefs and pleadings and supervises necessary investigations; tries cases and appeals unsatisfactory adverse judgments to higher courts; attends Board of County Commission and special district meetings as assigned; provides legal representation for various special districts and citizens advisory committees and boards, explains and interprets ordinances and status of various cases; provides advice concerning legal questions within the various operating departments. Performs related work as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Good vision Page 153 of 427 and hearing with or without correction. Occasional walking and standing. ENVIRONMENTAL CONDITION REQUIREMENTS: Constant work inside the office in a sedentary posture. WORK HAZARDS: Possible vision dysfunction due to heavy computer work. SAFETY EQUIPMENT USED OR NEEDED: None. EDUCATION: Possession of a Juris Doctorate Degree from an accredited law school. EXPERIENCE; At least five (5) years of legal experience preferably in a governmental agency. LICENSE, CERTIFICATION OR REGISTRATION: Member of the Florida Bar is required; and a valid Florida driver's license with a good driving record may be required. Union Non -Union Exempt Non -Exempt Revised 10/2007, 612020 Page 154 of 427 Iffiel PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisition Manager Property Acquisition Division 8.D.9. RES-2021-407 CONSENT AGENDA -COUNTY ATTORNEY DATE: 11/16/2021 *RESOLUTION ITEM - DONATION OF RIGHT-OF-WAY QUASI-JUDICIAL ITEM? NO Resolution - Right -of -Way Donation - 10' on Dunn Road from Plag Holdings, LLC - Parcel ID 3403-502-0195-000-0 On August 31, 2021, the Planning and Development Services Director approved PDS Order No. 2021-045 granting Minor Site Plan approval for a project to be known as Springs Recovery Center. A condition of approval required the developer to dedicate 10' of right-of-way along the entire frontage of the parcel on Dunn Road. We have attached a proposed Warranty Deed for your review and acceptance. PREVIOUS ACTION: August 31, 2021 - Planning and Development Services Director approved PDS Order 2021-045 granting Minor Site Plan approval for a project to be known as Springs Recovery Center. July 6, 2021 - Board of County Commissioners approved Resolution No. 2021-299, granting a Conditional Use Permit for a project to be known as Springs Recovery Center for a substance abuse rehabilitation facility. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board accept the Warranty Deed from Plag Holdings, LLC, authorize the Chair to sign the resolution and direct staff to proceed with the closing and record the documents in the public records of St. Lucie County, Florida. [a[e]► IL iF-1.1[Q 01IeT41I[Q L1I Page 155 of 427 RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 07, 2021 Daniel McIntyre, County Attorney Date: November 08, 2021 Mark Satterlee, Deputy County Administrator Page 156 of 427 Saint Lucie County Property Appraiser • V. �W%Midway R_ d air r i 4n e August 27, 2021 1:2,257 0 90 180 360 ft 0 25 50 100 m Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Page 157 of 427 Instrument Prepared By ' Please Return To: COMMUNITY LAND TITLE & RESEARCH Attn: R.F. "Bob" Booth, Jr., C.L.S., President 2400 SE Veterans Memorial Parkway, Suite 214 Port St. Lucie, FL 34952 ; Phone (772) 337-3335 Closing File Number: 21-32246C Florida Documentary Stamps $49.70 Parcel Tax ID: 3403-502-0195-000/0 SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED, made the day of December, 2021 by Plag Holdings, LLC, a Florida limited liability company, whose address is: 3354 SW Martin Street, Port St. Lucie, FL 34953, hereinafter called the Grantor, to St. Lucie County, a political subdivision of the State of Florida, whose address is: 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the Grantor for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, remises, releases, conveys and confirms unto the Grantee all that certain land lying and being in ST. LUCIE County, State of Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Property Address: Vacant Land, Fort Pierce, FL Grantee acknowledges and agrees that there may be deed restrictions, restrictive covenants and matters appearing on the plat or otherwise common to the subdivision affecting the property. Grantee's acceptance of title to the property subject to such matters shall not be construed as a waiver of the Grantee's claim of exemption, as a governmental entity, from any cloud or encumbrances created by such matters pursuant to Ryan v. Manalapan, 414 So2nd 193 (Fla. 1982). SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, CONDITIONS, EASEMENTS AND DEDICATIONS OF RECORD AND TAXES FOR THE YEAR 2021 AND THEREAFTER. TOGETHER, with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes and assessments accruing subsequent to 2021. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of Plag Holdings, LLC, a Florida limited liabilitv comnanv By: Pt Witness Signature T Print Witness Name: 2°d Witness Signature T Print Witness Name: STATE OF FLORIDA COUNTY OF ST. LUCIE Name: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of December, 2021, by who is personally known to me or has produced as identification. SEAL Notary Signature T Print Notary Name: My Commission Expires: "Experience the Difference" www.COMMUNITYLANDTITLE.net Page 158 of 427 Florida, that: RESOLUTION NO. 2021-407 A RESOLUTION ACCEPTING A WARRANTY DEED OF DONATION FOR 10' OF RIGHT-OF-WAY ALONG DUNN ROAD ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing Warranty Deed from Plag Holdings, LLC is duly accepted on behalf of St. Lucie County this 16t" day of November, 2021. w ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 159 of 427 PDS ORDER 2021-045 File No.: MNSP-11202025890 AN ORDER GRANTING APPROVAL OF A MINOR SITE PLAN TO BE KNOWN AS SPRINGS RECOVERY CENTER FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan submitted by Cotleur & Hearing, LLC, on behalf of Chancy Gelin of PLAG Holdings, LLC, reviewed the comments of the St. Lucie County Development Review Committee on this application and has made the following determinations: 1. On November 16, 2020, Cotleur & Hearing, LLC, submitted on behalf of Chancy Gelin of PLAG Holdings, LLC, a Minor Site Plan application to be known as Springs Recovery Center. The Site Plan is to develop a 25,992 square foot, one-story, substance abuse rehabilitation center. The proposed facility will be equipped with seventy-six (76) beds, nursing stations, and office space, located within the I (Institutional) Zoning District. 2. On March 24, 2021, the Board of Adjustment denied a Variance, via Resolution 2021- 003, to allow a full access driveway connection with left turn movements, that will generate more than 50 vehicle trips per day, to be located less than 350-feet from the Midway Road parallel base building line. XOT(A3 rn x m F) 3. On July 6, 2021, the Board of County Commissioners approved Resolution 2021-299, z o°o A p granting a Conditional Use Permit for the subject 25,992 square foot, one-story, Z A N 0 m substance abuse rehabilitation center. G�0) nm� N D S � 3 Ln 4. The St. Lucie County Development Review Committee has reviewed the proposed Minor m N ? Site Plan and found it to meet the technical requirements of the St. Lucie County Land Am Development Code, Comprehensive Plan, and has satisfied the standards of review set N x forth in Section 11.02.07, Standards for Site Plan Review. m� 0 �0 g 3 m 5. Planning staff performed a detailed analysis of the project and found it to be consistent 0 with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis can be found in the Planning and Development Services Department c memorandum titled Springs Recovery Center - Minor Site Plan (MNSP-11202025890), 0 dated August 19, 2021. 6. The project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 7. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 8. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. Page 1 PDS No. 2021-045 File No.: MNSP-11202025890 Page 160 of 427 NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Minor Site Plan to be known as Springs Recovery Center is hereby approved as shown on the site plan drawings prepared by Cotleur & Hearing, LLC, date stamped received on July 21, 2021, by the St. Lucie County Planning and Development Services Department, for the property more particularly described in Part "B" below, subject to the following conditions: 1) Within 90 days of Site Plan approval, the applicant, property owner developer, successors or assigns, shall convey to St. Lucie County, in a manner or form acceptable to the County Attorney, 10 feet of right-of-way along the frontage of Dunn Road. 2) The existing wall located within the right-of-way dedication area along NW Dunn Road must be removed prior to acceptance of the right-of-way by the County. 3) The northern driveway is limited to right -in movements only. 4) Prior to the issuance of a building permit the applicant, property owner developer, successors or assigns, shall request a Fee -in -Lieu for the construction of a 5-foot sidewalk along Dunn Road from the Board of County Commissioners. 5) Prior to the issuance of a Certificate of Occupancy, the developer, his successors or assigns, shall complete the improvements to Dunn Road. 6) Prior to the issuance of a Certificate of Occupancy, the developer, his successors or assigns, shall secure the necessary permits, and complete the required ADA link from the Midway Road sidewalk to the project entrance. The same are encouraged to integrate a public bench in the right-of-way to serve future transit facilities serving the corridor. 7) Prior to issuance of a Vegetation Removal Permit, all preserved native trees proposed to meet required tree mitigation requirements will be required to be barricaded and inspected. 8) Prior to issuance of a Certificate of Occupancy all Category I listed invasive plants shall be eradicated from the site. B. The property on which this Minor Site Plan approval is being granted is described as follows: LEGAL DESCRIPTION LOTS 102, WHITE CITY SUBDIVISION, IN SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SET FORTH IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS THE WEST 200 FEET OF SAID LOT 2, AND LESS ALL RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 5.42 ACRES ACCORDING TO THAT CERTAIN SURVEY OF W.J. SCHOEPFER DATED JUNE 1, 1988. LOCATION: Southwest corner of W Midway Road and NW Dunn Road PARCEL ID(S): 3403-502-0195-000-0 C. The approval granted by this administrative order shall expire twenty-four (24) months from the effective date, unless a Building Permit is obtained, or an extension is granted in Page 2 PDS No. 2021-045 File No.: MNSP-11202025890 Page 161 of 427 accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. D. The developer, including any successors in interest, is advised as part of this Minor Site Plan approval for Springs Recovery Center, the developer shall obtain all applicable development permits and construction authorizations from the appropriate State, Federal, and local regulatory agencies including, but not limited to, the Federal Aviation Administration, Federal Communications Commission, Florida Department of Environmental Protection, St. Lucie County Environmental Resources, Public Works, and Building Departments prior to the commencement of any development activities on the property described in Part "B". Issuance of this approval by the County does not in any way create any rights on the part of the developer to obtain a permit from a State or Federal agency and does not create any liability on the part or the County for issuance of this permit if the developer fails to obtain requisite approvals of fulfill the obligations imposed by a State or Federal agency or undertake actions that may result in a violation of State or Federal law. E. A copy of this Order shall be attached to the site plan drawings described in Part "A", which shall be placed on file with the St. Lucie County Planning and Development Services Director and mailed to the developer and agent of record as identified on the site plan applications. F. The conditions set forth in Part "A" are an integral non -severable part of the site plan approval granted by this Order. 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 site plan approval granted by this order shall become null and void. G. The Site Plan, attached as Exhibit "A", shall be valid for the same period as this order. H. The Certificate of Capacity, attached as Exhibit "B", shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. Page 3 This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part "A" above, all such appeals must be filled in writing with the County Administrator within thirty (30) days of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. This Order shall be recorded in the Public Records of St. Lucie County. PDS No. 2021-045 File No.: MNSP-11202025890 Page 162 of 427 s� ORDER effective the �� day of S 2021. PLANNING AND DEVELOPMENT SERVICES ST, UC COU TY, FLORIDA BY slie\Olson,"AICP, Director APPROVPD,,�S TO FORM AND CORRECTNESS % County Attorney Page 4 PDS No. 2021-045 File No.: MNSP-11202025890 Page 163 of 427 m_ w (t'CEiYo7 L"170WAW US& MUMMY DEVROPAIEWSCAE0U X N� S/Ff DATA PROJEL77EAM VAJ .... H Z _�.o CL LU ,.,...... .,� UT//7YCTAlEM&Vr 7R'AFFlC S7ATEME,VT Minor Site Plan SPI 2 Scale: 1" = 30' Nord: - iO O �rn O 00 CV N CDO N N O O N Z 0U) a Z 2 O Z LL , N m IL Page 164 of 427 EXHIBIT "B" St Lucie County C'ertiticate of Capacity Date W2412021 Certificate No. ; I iR This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted In the St Lucie County Comprehensive Plan for; 1. Type of development 1' oir Number of units 11 Number of square feet 25,992 2. Property legal description & Tax IQ no. 3403-502.0195.000-0 Southwest corner of W Midway Road and NW Dunn Springs Recovery Center 3. Approval: Building Resolution No. 2021-045 Letter 4. Subject to the following conditions for concurrency: Owner's name Chancy Cretin, PLACE Holdings, LLC Address PO Box 9751 Pon St. Lucie 1-1. 34985 6. Certificate Expiration Date This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein.. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent develop en peas ) issued for the same property, use and size as described herein. Signed 1 Dale; R.24+21121 Planning and Development Services Director St Lucie County, Florida *1 uesday. August 24, 2021 1%1ge I 111' 2 Page 6 PDS No. 2021-045 File No.: MNSP-11202025890 Page 165 of 427 RESOLUTION 2021-299 File No. CU 11202025889 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A CONDITIONAL USE PERMIT TO DEVELOP A 25,992 SQUARE FOOT, ONE-STORY, SUBSTANCE ABUSE REHABILITATION CENTER WITHIN THE I (INSTITUTIONAL) ZONING DISTRICT ON 4.64 ACRES OF LAND LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to findings in the staff report and traffic analysis review, has made the following determinations: Chancy Gelin, PLAG Holdings, LLC, presented a petition for a Conditional Use Permit to develop a 25,992 square foot, one-story, substance abuse rehabilitation center The proposed facility will be equipped with seventy-six (76) beds, nursing stations, and office space within the I (Institutional) Zoning District for the property located at the southwest corner of W Midway Road and NW Dunn Road, in Fort Pierce, as legally described in Paragraph C and depicted on the attached map as Exhibit "A". 2. On March 24, 2021, the Board of Adjustment denied a Variance from the provisions of the St. Lucie County Land Development Code Section 7.05.06 C. 2. F(3) to allow a driveway with left turn movements to be located less than 350-feet from the Midway Road parallel base building line. 3. On May 20, 2021, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within five hundred (500) feet of the subject property. The Planning and Zoning Commission unanimously voted to forward a recommendation of approval to the Board of County Commissioners. 4. On July 6, 2021, this Board held a public hearing on the petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through site design, landscaping screening. MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4899384 07/26/2021 08:53:45 AM OR BOOK 4654 PAGE 1019 - 1025 Doc Type: RESO RECORDING: $61.00 Resolution No. 2021-299 CU-11202025889 Page 1 Page 166 of 427 6. The proposed Conditional Use, with conditions therein, will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Planning and Development Services Director. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The foregoing findings are hereby approved and adopted by the Board of County Commissioners of St. Lucie County, Florida: B. Pursuant to Section 11.07.00 of the St. Lucie County Land Development Code, the Conditional Use Permit for the project to be known as Springs Recovery Center for a substance abuse rehabilitation facility, as shown on the site plan drawings for the project prepared by Cotleur & Hearing, LLC, dated March 26, 2021, and date stamped received by the Planning and Development Services Department on April 23, 2021, is hereby approved, for the subject property described in Paragraph C, subject to the following conditions: 1. Pursuant to Land Development Code Section 11.07.05(E) any change in the project name or ownership of the property will be subject to a Minor Adjustment to the Conditional Use Permit. 2. Pursuant to Land Development Code Section 11.07.05(E) any change of use and/or increase of the maximum of 76 beds shall be subject to a Major Adjustment to the Conditional Use Permit. 3. The existing wall located within the right-of-way dedication area along NW Dunn Road must be removed prior to acceptance of the right-of-way by the County. 4. The northern driveway is limited to right -in movements only. 5. The Planning and Development Services Director shall be directed to evaluate the Site Plan considering (1) additional easements to provide for transit, (2) accepting a fee in -lieu -of the construction of the sidewalk along Dunn Road, and (3) the alignment of the driveway access in a manner to discourage through access on Dunn Road. C. The property on which this Conditional Use Permit is being granted is described as follows: Legal Description: LOTS 102, WHITE CITY SUBDIVISION, IN SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SET FORTH IN PLAT BOOK 1, PAGE 23, OF Resolution No. 2021-299 CU-11202025889 Page 2 Page 167 of 427 THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS THE WEST 200 FEET OF SAID LOT 2, AND LESS ALL RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 5.42 ACRES ACCORDING TO THAT CERTAIN SURVEY OF W.J. SCHOEPFER DATED JUNE 1, 1988. Location: Southwest corner of W Midway Road and NW Dunn Road Parcel Identification No.: 3403-502-0195-000-0 D. The approvals and authorizations granted by this Resolution are for the purpose to construct and operate a substance abuse rehabilitation facility within St. Lucie County, and are not assigned to any other party or institution. Should the petitioners choose or decide to assign this operation to another entity or individual, a Minor Adjustment to the Conditional Use Permit shall be required. E. The approvals and authorizations granted by this Resolution shall expire on July 6, 2022, unless a Building Permit is obtained, or Certificate of Zoning Compliance issued for the use described in Part B above, or an extension has been granted in accordance with Section 11.07.05 F., St. Lucie County Land Development Code. F. The petitioner, Chancy Gelin, PLAG Holdings, LLC, is advised as part of this Conditional Use Permit approval for Springs Recovery Center, the petitioner shall obtain all applicable site plan approval, development permits and construction authorizations from the appropriate state and federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District, and the St. Lucie County Environmental Resources, Public Works and Building Departments prior to the commencement of any development activities on the property described in Paragraph C. Issuance of this permit by the County does not in any way create any rights on the part of the petitioner to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the petitioner fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. G. The conditions set forth in Paragraph B are an integral non severable part of the Conditional Use Permit approval granted by this Resolution. If any condition set forth in Paragraph B is determined to be invalid or unenforceable for any reason and the Petitioner declines to comply voluntarily with the condition, the Conditional Use Permit approval granted by this resolution becomes null and void. Resolution No. 2021-299 CU-11202025889 Page 3 Page 168 of 427 H. A copy of this Resolution shall be attached to the Conditional Use Permit Site Plan drawings described in Paragraph B. which plan shall be placed on file with the Planning and Development Services Department. This 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. J. This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows. - Chris Dzadovsky, Chair AYE Sean Mitchell, Vice -Chair AYE Linda Bartz, Commissioner AYE Frannie Hutchinson, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 6th day of July 2021. "111111111111*45 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA i i� APPRPYED AS TO FORM AND CO RECT.NEn: DEPUTY CLERK Y COiyCOUNTY A s m f a� c°GNrx FuoR`0* Resolution No. 2021-299 CU-11202025889 Page 4 Page 169 of 427 Exhibit "A" Location Map ST 15V I IV VA r Z a�N�N051 MAGNUM DR Cr n z aD Zi3N�1W MNIIE -O2l SNI�N3f-S ` • vim. POST-OFFI, .� I - RD aAj NW DUNN RD DUNN RD m Z amno MN alo Al Or CHRISTENSEN RD wdt 15�N N0.6� m � JORGENSEN RQ- g m Z r 1m < a z m m � 2 D � C � S-25TH:ST S;25TH _ z 0 m - 0 A m - X r Z - ----PALMETTO AVE 1d' GARDENA-ST H Resolution No. 2021-299 CU-11202025889 Page 5 Page 170 of 427 /17 : L Ami) Z, Zj aMwo tOG4 rtow A"p EW" —L—u DEM OA MEN r SCAtWI. E SITE DATA PROJECT M40 u Lu� Z8 . .... ..... ig uwysr4rrmFvr ne4FFICSrAlEAWW Minor Site Plan 1 Sole: 1" = 39 NOrbh Page 171 of 427 Exhibit "C" Certificate of Capacity St Lucie County Certificate of Capacity Date f I4;-,D21 Certificate No. 3150 This document certiflee that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted In the St Lucie County Comprehensive Plan for: 1. Type of development Condtlional 1.:C Number of units 1 Number of square feet 25.'$)2 2. Property legal description a Tax ID no. 3403- 502-0195-000-1) SW t;onwr of W ,M —.sy Rd said NW Dunn Rd Springs RLcomicry Ccntrr 3. Approval: Building Resolution No. 20? 1-299 Letter d. Subject to the following conditions for concurrency: owner's name Chancy Galin Address 110 Bux 9751 Puri fit. Lucie FL 34985 G. Certificste Expiration Date This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions anti expiration date listed herein. The expiration date can be extended only under the same terms and condRions as the underlying development ordedsaued with this certificate, or for subsequent developm nt order(a) Ise ad for the same property, use and size as described herein. Sigacri - Dxtc: 71*2021 Planning and De"lopment Services Director St Lucie County, Florida Wednesdav, Jule N, :4'.1 Page I of 2 Resolution No. 2021-299 CU-11202025889 Page 7 Page 172 of 427 PRESENTED BY SUBMITTED BY: tl1RIFrT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisition Manager Property Acquisition Division 8.D.10. RES-2021-405 CONSENT AGENDA -COUNTY ATTORNEY DATE: 11/16/2021 *RESOLUTION ITEM - DONATION OF RIGHT-OF-WAY QUASI-JUDICIAL ITEM? NO Resolution - Right -of -Way Donation - 10' Mariah Circle and a 50 x 50 Corner Clip - Sunrise City LLC - Parcel ID 2408-222-0004-000-8 Sunrise City LLC, applied for a building permit. In reviewing the permit, Engineering determined Mariah Circle has insufficient right-of-way and 10' of right-of-way and a 50 x 50 corner clip would need to be dedicated to the County. We have attached a proposed Warranty Deed for your review and acceptance. PREVIOUS ACTION: N/A I2I►riMro1e1fI► I7eTel1l N/A RECOMMENDATION: Staff recommends the Board accept the warranty deed from Sunrise City LLC, authorize the Chair to sign the resolution and direct staff to proceed with the closing and record the documents in the public records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None Page 173 of 427 IEXCUSED: None I Coordination/Signatures Date: November 07, 2021 Daniel McIntyre, County Attorney Date: November 08, 2021 Mark Satterlee, Deputy County Administrator Page 174 of 427 Saint Lucie County Property Appraiser Aw Aw tl rZ.[ (MEMO[ ;—05 X z Metzger Rd.— �..;�+1 ' z 1 i Z I "AF September 14, 2021 Mariah'Cir Avenue D asRUN z Avenue C — cT —, .s 1:4,514 0 187.5 375 750 ft 0 55 110 220 m Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Page 175 of 427 Instrument Prepared By' Please Return To: COMMUNITY LAND TITLE & RESEARCH Attn: R.F. "Bob" Booth, Jr., C.L.S., President 2400 SE Veterans Memorial Parkway, Suite 214 Port St. Lucie, FL 34952 ; Phone (772) 337-3335 Closing File Number: 21-32188C Florida Documentary Stamps $70.00 Parcel Tax ID: 2408-222-0004-000/8 SPACE ABOVE THIS LINE FOR RECORDING DATA WAIRIRANTY DEED THIS WARRANTY DEED, made the day of November, 2021 by Sunrise City LLC, a Florida limited liability company, whose address is: 12306 SW 132 Court, Miami, FL 33186, hereinafter called the Grantor, to St. Lucie County, a political subdivision of the State of Florida, whose address is: 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the Grantor for and in consideration of the sum of TEN AND 00/1001S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, remises, releases, conveys and confirms unto the Grantee all that certain land lying and being in ST. LUCIE County, State of Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Property Address: 505 N 39th Street, Fort Pierce, FL 34947 Grantee acknowledges and agrees that there may be deed restrictions, restrictive covenants and matters appearing on the plat or otherwise common to the subdivision affecting the property. Grantee's acceptance of title to the property subject to such matters shall not be construed as a waiver of the Grantee's claim xem tion, as a governmental entity, from any cloud or encumbrances created by such matters pursuant to RyanA A414 So2nd 193 (Fla. 1982). SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, RECORD AND TAXES FOR THE YEAR 2021 AND THE TOGETHER, with all tenements, hereditaments and appurtenances Q belong TO HAVE AND TO HOLD, the same in fee simple AND, the Grantor hereby covenants with said Grantee t that the Grantor has good right and lawful authority to said land and will defend the same against the laws all encumbrances, except taxes and assessments In Signed, sealed and delivered in 2"a Witness Signature T Print Witness Name: STATE OF COUNTY OF AND DEDICATIONS OF anywise appertaining. W seized of said land in fee simple; land, and hereby warrants the title to )msoever; and that said land is free of presents the day and year first above written. Sunrise City LLC, a Florida limited liability Charles E. Chen, Authorized Member The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of November, 2021 by Charles E. Chen, who is personally known to me or has produced as identification. SEAL Notary Signature T Print Notary Name: My Commission Expires: "Experience the Difference" www.COMMUNITYLANDTITLE.net Page 176 of 427 RESOLUTION NO. 2021-405 A RESOLUTION ACCEPTING A WARRANTY DEED OF DONATION FOR 10' OF RIGHT-OF-WAY ALONG MARIAH CIRCLE AND A 50 X 50 CORNER CLIP ON BEHALF OF ST. LUCIE COUNTY, FLORIDA Florida, that: BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing Warranty Deed from Sunrise City LLC is duly accepted on behalf of St. Lucie County this 16t" day of November, 2021. w ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 177 of 427 AGENDA REQUEST TO: Board of County Commissioners 8.E.1. 2021-52620 CONSENT AGENDA -COMMUNITY SERVICES DATE: 11/16/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No PRESENTED BY: Jennifer Hance, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: Consent to the Designation of County Owned Property Located at 100 Blue Sky Circle (Parcel ID 2419-211-0004-000-8) as a Green Reuse Area Under Florida's Brownfield Redevelopment Act. BACKGROUND: On August 13, 2019, St. Lucie County and Blue McNeil One, LLC entered into a ground lease agreement for a county -owned parcel located at 100 Blue Sky Circle (Parcel No. 2419-211-0004-000-8), Fort Pierce, Florida. The developer, Blue Sky Communities, is constructing a multi -family affordable housing community on the property. Blue Sky Communities is requesting St. Lucie County's consent to designation of the property as a Green Reuse Area under Section 376.80 (2) (c), Florida Statutes of the Florida Brownfield Redevelopment Act. A Florida sales tax refund is available for building materials purchased and used in the construction of a "housing project" or a "mixed -use project" located in a Brownfield area. After the project has been constructed and completed, developers or owners apply for and receive a full, lump -sum state sales tax refund for "building materials" purchased, which are defined as "tangible personal property that becomes a component part of a housing project or a mixed -use project. In addition to the County's consent to the designation, the developer must also seek a resolution from the City of Fort Pierce designating the property as a Brownfield Area as required by Section 376.80, Florida Statutes. PREVIOUS ACTION: N/A ISI►1_VLO/_lfI► I7_TQIF N/A RECOMMENDATION: Page 178 of 427 Staff recommends that the Board consent to the designation of Parcel 2419-211-0004-000-8 as a Green Reuse Area under the Florida Brownfield Redevelopment Act and authorize the Chair to sign the letter of consent as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures xkvw C W%-X� Diana Wesloski, Community Services Director John Titkanich, Innovation & Performance Division Director Daniel McIntyre, County Attorney Alphonso Jefferson, Deputy County Administrator Date: November 01, 2021 Date: November 01, 2021 Date: November 07, 2021 Date: November 08, 2021 Page 179 of 427 FLORIDA BROWNFIELDS REDEVELOPMENT PROGRAM TRANSFORMING COMMUNITIES Brownfield site means real property, the expansion, redevelopment or reuse of which may be complicated by actual or perceived environmental contamination. 376.79(4), F.S. Brownfield area means a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which has been designated by a local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental Protection Agency -designated brownfield pilot projects. 376.79(5), F.S. BROWNFIELD AREA DESIGNATION By Local Government IDENTIFICATION OF RESPONSIBLE PERSON EXECUTION OF CLEANUP AGREEMENT IMPLEMENTATION OF CONTAMINATED SITE CLEANUP "NFA" LETTER FROM DEP BROWNFIELD PROGRAM TERMS Responsible Person —Person Re- sponsible for Brownfield Site Reha- bilitation or PRFBSR Agreement —Brownfield Site Reha- bilitation Agreement or BSRA NFA—No Further Action (i.e., Site Rehabilitation Completion Order or SRCO) Brownfield Area Designation Bonus refund for job creation —up to $2,500 per job Sales tax credit on building materials Brownfield area benefits administered by Enterprise Florida, Inc. Brownfield Site Rehabilitation Agreement • All benefits of Brownfield Area • Regulatory framework for cleanup (Chapter 62-785, F.A.C.) • Dedicated staff —expedited technical review • Liability protection • Tax credits • Florida corporate income tax Credits may be transferred one time • Brownfield Site Rehabilitation Agreement benefits administered by DEP of Available Tax Credits Tax ApplicationSummary Type -. -. after Credit Frequency 0. Site Rehabilitation Annually 50% $500,000 No Further Action Once 25% $500,000 (i.e. SRCO) Affordable Housing, health care facility or health care Once 25% $500,000 provider Solid Waste (Removal, Transport, and Once 50% $500,000 Disposal) Page 180 of 427 **St. Lucie County Letterhead** November 16, 2021 Via Email Mr. Nicholas C. Mimms, P.E., ICMA-CM, City Manager City of Fort Pierce 100 N U.S. Highway 1 Fort Pierce, FL 34950 Re: Consent to Request by Blue McNeil One, LLC for Designation of Property Located at 100 Blue Sky Circle, Fort Pierce, Florida 34947, Parcel ID Number 2419-211-0004- 000-8, as a Green Reuse Area Pursuant to Section 376.80(2)(c), Florida Statutes, of Florida's Brownfield Redevelopment Act Dear Mr. Mimms: Please be advised that St. Lucie County, Florida (the "County"), the owner of the above -referenced site (the "Subject Property"), has entered into a Ground Lease Agreement with Blue McNeil One, LLC ("Blue McNeil") for construction of a new affordable housing development at the Subject Property. For purposes of such development, Blue McNeil has control of the Subject Property and is authorized to seek and obtain all necessary approvals. To that end, the County understands that Blue McNeil is filing a request for designation of the Subject Property as a Green Reuse Area pursuant to Section 376.80(2) (c), Florida Statutes, of Florida's Brownfield Redevelopment Act and confirms that it consents to the designation. Thank you. Sincerely, Signature Name Chair, St. Lucie County Board of County Commissioners cc: Blue McNeil One, LLC Michael R. Goldstein, Esq., Environmental Counsel for Blue McNeil One, LLC Page 181 of 427 8.E.2. AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Murriah Dekle, Transit Division Director SUBMITTED BY: Community Services CONSENT AGENDA -COMMUNITY SERVICES DATE: 11/16/2021 *RESOLUTION ITEM - GRANT ACCEPTANCE QUASI-JUDICIAL ITEM? NO SUBJECT: Authorization Resolution - FY22 Block Grant FDOT (Florida Department of Transportation) The State Public Transit Block Grant Program was enacted by the Florida Legislature to provide a stable source of funding for public transit. The grant funds are provided by the states and then distributed by the Florida Department of Transportation (FDOT) and can be used over a five-year period for capital and operating expenses. Each funding year, a new grant allocation is provided in an agreement known as a Public Transportation Grant Agreement (PTGA) for the new state fiscal year. The FDOT funds allocated to St. Lucie County public transit for FY22 (year three of the grant) is $739,502.00, which is the total project cost. The local match has been waived this year due to a one-time relief enacted by the Florida Legislature. The local budget for the county's transit division will increase by $739,502.00. BACKGROUND: The State Public Transit Block Grant Program was enacted by the Florida Legislature to provide a stable source of funding for public transit. The grant funds are provided to the states and then distributed by the Florida Department of Transportation (FDOT) and can be used over a five-year period for capital and operating expenses. Each funding year, a new grant allocation is provided in an agreement known as a Public Transportation Grant Agreement (PTGA) for the new state fiscal year. The FDOT funds allocated to St. Lucie County public transit for FY22 (year three of the grant) is $739,502, which is the total project cost. The local match has been waived this year due to a one-time relief enacted by the Florida Legislature. The local budget for the county's transit division will increase by $739,502. In accordance with the original PTGA, the funds from this allocation will be used for operating expenses only. All expenditures must comply with the terms and conditions and regulatory requirements found within the attached Public Transportation Grant Agreement FM#407187-3-84-01. Page 182 of 427 PREVIOUS ACTION: Year #1 11/5/19. The county fund number is 130240. Year #2 1/12/21. The county fund number is 130239. 191►/_1014T-11gIPiI7eTokdl The total project cost is $739,502. The FDOT amount is $739,502 and the local match is waived this year due to a one-time relief enacted by the state legislature. The local budget for the county's transit budget will increase by $739,502. RECOMMENDATION: Staff recommends Board approval of the FY22 FDOT Block Grant (FM# 407187-3-84-01) authorizing resolution and permission for the Chair to sign all applicable documents as approved by the County Attorney. The total project cost is $739,502.00. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures 04,1W C "-� Date: November 01, 2021 Diana Wesloski, Community Services Director Date: November 01, 2021 Jennifer Hill, Office of Management & Budget Director Wi. ? , Date: November 07, 2021 Daniel McIntyre, County Attorney Date: November 08, 2021 Alphonso Jefferson, Deputy County Administrator Page 183 of 427 Financial Project Number(s): (item -segment-phase-sequence ) 407187-3-84-01 Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title: N/A N/A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Fund(s): Work Activity Code/Function: Federal Number/Federal Award Identification Number (FAIN) — Transit only: Federal Award Date: Agency DUNS Number: 55.010 Public Transit Block Grant Proqram Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/2021 DPTO FLAIR Category: 088774 215 Object Code: Org. Code: Vendor Number: /WIMbZ'S4G>♦ 751000 55042010429 VF596000835079 THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into , by and between the State of Florida, Department of Transportation, ("Department"), and St. Lucie County BOCC, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.052, Florida Statutes, to enter into this Agreement. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in Block Grant fundina for operatina assistance to St. Lucie Countv BOCC for its urbanized area Dublic transportation (no LF Local Matching Funds required for Fiscal Year 2022), as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation _ Seaports X Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions _ *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X_ Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X_ *Exhibit G: Audit Requirements for Awards of State Financial Assistance PaPaW Ofdf$6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/2021 *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through June 30, 2025. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. PaPOW 2f6?$6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/2021 9. Project Cost: a. The estimated total cost of the Project is $739,502. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of 739 502 and, the Department's participation in the Project shall not exceed 100.00% of the total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. PaPabW 9f6?$6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/2021 Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time - frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. PaPabW 4fd?$6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/2021 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved PaPaIJ6 f9fdf$6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/2021 in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. _ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. —Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. _Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. M. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make PaPaW Ofdf$6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/2021 best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/2021 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non -cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non -cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on -site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any PaPaNg OWN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/2021 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudita( dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(a)dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/2021 audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. A. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(a)dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on -site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/2021 assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a�-dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt aud.state.fl.us V. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/2021 vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. PIVq 2fdf$6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/2021 d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E-Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Executive Order 20-44. Pursuant to Governor's Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole -source, public -private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/2021 for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify and hold harmless the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or P VA4fd?P6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/2021 coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. PIVq f9fdf$6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/2021 f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY St. Lucie County BOCC STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: Title: By: Name: Steven C. Braun, P.E. Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: PFWgt99 Ofdf26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02/20 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): Block Grant funding for operating assistance to St. Lucie County BOCC for its urbanized area public transportation (no LF Local Matching Funds required for Fiscal Year 2022) B. Project Location (limits, city, county, map): St. Lucie County BOCC/Fort Pierce, FL/St. Lucie C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): 1) Refer to Exhibit E and Exhibit F of original PTGA 2) Comply with Transparency Act, where applicable. 3) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps and allocate system -wide costs accordingly. Drivers' logs can be maintained to segregate mileage or hours inside and outside the urbanized area. 4) Certification verifying adoption of a System Safety Program Plan. 5) Quarterly reports submitted with invoices. 6) Submit invoice every three (3) months, at minimum. 7) A copy of the most recent active CTC agreement. D. Deliverable(s): 1) Submit a copy of the national Transit Data Base (Section 5335) report submitted to FTA or FTA acknowledgement letter as soon as available. 2) Submit for approval the performance measure identified in Table A-1 Required Performance Measure for Newspaper Publication of FDOT Procedure 725-030-030 each year, as identified below: Passenger Trips STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02/20 Revenue Miles Total Operating Revenue Operating Revenue Vehicles Operating in Maximum Service Base Fare Revenue Miles Between Vehicle Systems Failures Days/Hours Service is Available Operating Expense per Passenger Trip 3) Submit the publisher's affidavit from newspaper covering the transit service area that the performance measures identified in Table A-1 Required Performance Measure for Newspaper Publication of FDOT Procedure 725-030-030 were published each year after the Department written approval. 4) Submit a copy of the Transit Development Plan (TDP) annual progress report or updates each year. 5) Submit quarterly progress reports via TransCIP, the web -based state grant management software, by logging into http://www2.transcip.com. 6) Submit an invoice on the project at least every quarter (any exceptions should be communicated to Project Manager in a timely manner). The email must be included in the invoice packet submitted to the Department. The Agency shall upload a copy of invoice to TransCIP and email the original to D40MDID@dot.state.fl.us for processing. P118fd?26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02/20 The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting cards, lobbying, personal cell phones, office parties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items. F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ02120 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFA/ CSFA/CFDA Title or Funding Project Type Category Fiscal Code CFDA Funding Source Description Amount Number Year Number 407187-3-84-01 DPTO 088774 2022 751000 55.010 Public Transit Block Grant Program $739,502.00 407187-3-84-01 LF 2022 No LF Local Matching Funds Required $0.00 for Fiscal Year 2022 Total Financial Assistance $739,502 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) State Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $739,502 $0 $0 $739,502 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $739,502 $0 $0 $739,502 * Budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: _ Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Paula Scott Department Grant Manager Name Signature Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02120 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED PFWgW,2Vdf26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02/20 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (For State Block Grant Only) This exhibit forms an integral part of the Agreement between the Department and the Agency. 1. Statutory Reference. Section 341.052, F.S. 2. Eligibility. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Section 341.052(1), F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. a) Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. b) Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. 3. Local Revenue Limits. Block grant funds shall not exceed local revenue during the term of this Agreement. Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities. 4. Supplanting Local Tax Revenue. Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this Agreement. 5. State Participation. State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. 6. Required Audit. The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that these limitations (...funds shall not exceed local revenue... funds shall not be expended for depreciation or amortization of capital assets ... funds shall not supplant local tax revenues made available for operations in the previous year) of the block grant program as delineated in Section 341.052, F.S., have been adhered to. 7. Required Budget. The Agency shall provide the Department with two (2) copies of its most current adopted budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database (NTD) report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. 8. Required Publication of Productivity and Performance Measures. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department prior to its publication. This report shall be submitted to the Department no later than November 15 of each year, and published either by December 31 or no later than twenty-eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02/20 9. Annual Plan or Update. The Agency shall submit a Transit Development Plan (TDP) or annual update to the Department by September 1 of each year. a) As a separate part of the transit development plan or annual report, the Agency will address potential enhancements to productivity and performance which would have the effect of increasing farebox ratio pursuant to Section 341.071(2), F.S. b) A TDP shall conform to the requirements in Rule 14-73, available at: http://fac.dos.state.fl.us/faconline/chapterl4.pdf. 10. Safety Requirements. Mark the required Safety submittal or provisions for this Agreement if applicable: X Bus Transit System — In accordance with Section 341.061, F.S., and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Fixed Guideway Transportation System (established) — In accordance with Section 341.061, F.S., the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety and Security Program Plan, pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Fixed Guideway Transportation System — This applies to New Starts projects and subsequent major projects to extend, rehabilitate, or modify an existing system, or to replace vehicles and equipment. In accordance with Section 341.061, F.S., the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the new start system or major modification to an existing system is safe for passenger service. Not Applicable. 11. Transit Vehicle Inventory Management. The agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025i), which outlines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310, Section 5311, Section 5316 and Section 5317 programs as the funding source, or where the Department participates in 50% or more of the public transit vehicle's purchase price. This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Departmental programs. 12. Formula Information. As authorized in Section 341.052, F.S., the annual appropriation in the program is divided by formula and then distributed to each eligible transit system. The formula described below is adjusted each year based on data received from the transit systems' federally required National Transit Data (NTD) report. A copy of the NTD report is required to be sent to the Department each year. Distribution is accomplished through a multiple step process. 15% of the appropriation is given to the Commission for the Transportation Disadvantaged to be distributed to the Community Transportation Coordinators in accordance with Chapter 427, F.S. The remaining 85% is divided into three equal portions. Each eligible transit system gets a percentage of the first portion based on their percentage of total population served; the second portion is allocated based on their percentage of total revenue miles of service provided; STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02120 and the third portion is allocated based on their percentage of total passengers carried. The total from all three portions is the total available allocation for each eligible transit system in the state. -- End of Exhibit E -- P -24f6f26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02/20 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02120 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: — Awarding Agency: Florida Department of Transportation State Project Title: Public Transit Block Grant Program CSFA Number: 55.010 *Award Amount: $739,502 *The award amount may change with amendments Specific project information for CSFA Number 55.010 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.010 are https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx provided at: RESOLUTION NO. 22- A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT (FINANCIAL PROJECT NO. 407187-3-84-01) TO PROVIDE FUNDING ASSISTANCE TO ST. LUCIE COUNTY FOR PUBLIC TRANSPORTATION OPERATING SERVICES AND AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding assistance for the public transportation system (Financial Project No. 407187-3-84-01). 2. The Board should authorize and approve execution of the Public Transportation Grant Agreement with the State of Florida Department of Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Grant Agreement with the State of Florida (Financial Project No. 407187-3-84-01) to provide funding assistance to St. Lucie County for public transportation operating services. 2. The Board hereby authorizes the Chair to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. 1 Page 210 of 427 After motion and second, the vote on the resolution was as follows: Chair Chris Dzadovsky XX Vice -Chair Sean Mitchell XX Commissioner Linda Bartz XX Commissioner Frannie Hutchinson XX Commissioner Cathy Townsend XX PASSED AND DULY ADOPTED this 16th day of November 2021. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 0 Page 211 of 427 8.G.1. TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Brian Masters, Project Manager Facilities Department CONSENT AGENDA -FACILITIES DATE: 11/16/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No Award of Bid No. 21-081, Clerk of Court First Floor Build -out Project On September 29th, 2021, responses to Bid No. 21-081, Clerk of Court First Floor Build -Out, were opened. Four proposals were received; 432 companies were notified and 29 bid documents were distributed. Renovation of Building C for Clerk of Courts allows for more "front facing" and customer friendly space to the BOCC and Constitutional Officers.The development of this space is the very first step in a series of moves that would allow the Clerk of Courts to better serve the public, allow for a relocation of the 19th Circuit Administration to be centrally located in the County Seat, allow for the Property Appraiser to redistribute personnel to better suit the needs of the County, and ultimately, free up space at the Administration Complex to move walk up services to the first floor. Paul Jacquin & Sons, Inc. proposed an all in specification with labor, material, equipment, and any associated fees for a complete buildout on the first floor of St. Lucie County Clerk of the Courts Building. PREVIOUS ACTION: N/A FINANCIAL IMPACT: A budget amount of $507,968.00 is available for the project and sufficient funds are available in a One -Time Funding Facilities Maintenance Improvement Plan account 001009-712-546200-712 ($410,000.00) and F&F Facilities Maintenance Improvement Plan 107-1930-546200-1907 ($96,968.00) . RECOMMENDATION: Staff recommends Board approval to award Bid No. 21-081, Clerk of Court First Floor Build -Out Project to Paul Jacquin & Sons, Inc. in the amount of $507,968.00 and authorize the Chair to sign the contract as approved by the County Attorney. Page 212 of 427 COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: October 21, 2021 Daniel Retherford, Facilities Director Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney Alphonso Jefferson, Deputy County Administrator Date: October 21, 2021 Date: October 22, 2021 Date: October 25, 2021 Page 213 of 427 BOARD OF COUNTY COMMISSIONERS COUNTY TABULATION SHEET — BID #21-081 Clark of Court First Floor Build- Out OPENED: September 29, 2021 at 3:00 PM Four (4) submittals were received for subject proposal: PURCHASING DEPARTMENT Paul Jacquin & Sons, Inc. Don Hinkle Construction, Inc. A Thomas Construction, Inc. Kirchman Construction Company ITEM TOTAL AMOUNT TOTAL AMOUNT TOTAL AMOUNT TOTAL AMOUNT Base Bid $ 490,609.00 $ 512,275.23 $ 565,000.00 $ 577,740.00 Permits Allowance $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 Cost for Public Construction Bond $ 7,359.00 $ 15,688.23 $ 16,950.00 $ 7,960.00 TOTAL BID (Lump Sum) $ 507,968.00 $ 537,943.49 $ 591,950.00 $ 595,700.00 Number of companies notified*: 432 Number of bid documents distributed: 29 Number of bids received 4 *per demandstar.com Page 214 of 427 8.G.2. TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel Retherford, Facilities Director Facilities Department CONSENT AGENDA -FACILITIES DATE: 11/16/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No St. Lucie County Library Facility Participation - Waive the policy rendering consultants who completed a feasibility study ineligible to participate in design work. This project involves detailed design, construction drawings, specifications, and contract documents, and obtaining the necessary related regulatory approvals for the Port St. Lucie Branch Library building located at 180 SW Prima Vista Blvd, Port St Lucie, Florida. The successful applicant shall have a demonstrated history of work in library design and construction. This project involves detailed design, construction drawings, specifications, and contract documents, and obtaining the necessary related regulatory approvals for the Port St. Lucie Branch Library building located at 180 SW Prima Vista Blvd, Port St Lucie, Florida. The successful applicant shall have a demonstrated history of work in library design and construction. Paragraph 2.3 b "Conflict of Interest" of the County Purchase Policy Procedures Manual (dated October 2019) states: "Any professional consultant that contracts with the County as to the feasibility of any County capital project shall not be eligible to participate in any future design work on that project that might become necessary as a result of the consultant's advice. This policy shall be included in any request for proposals related to the feasibility of any County project. The Board may waive this policy by a majority vote." In the interest of complying with 40 USC Ch. 11 Selection of Architects and Engineers, aka the Brooks Act, and other possible grant requirements, the County did not place any restrictions on potential respondents to the St. Lucie County Port St. Lucie Branch Library RFQ. Furthermore, staff believes it is in the best interest of the County to receive any and all responses to the RFQ. Therefore, staff is requesting the Board waive the policy that consultants who complete a feasibility study are not eligible to participate in design work for the St. Lucie County Port St. Lucie Branch Library. PREVIOUS ACTION: Page 215 of 427 N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board waive the policy rendering consultants who completed a feasibility study ineligible to participate in design work. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures 5�� T-4--� Susan Jacob, Library Director Daniel Retherf'ord, Facilities Director Daniel McIntyre, County Attorney Alphonso Jefferson, Deputy County Administrator Date: October 22, 2021 Date: October 28, 2021 Date: November 01, 2021 Date: November 01, 2021 Page 216 of 427 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Desiree Cimino, Purchasing Manager Office of Management & Budget 8.H.1. 2021-52612 CONSENT AGENDA -OFFICE OF MANAGEMENT & BUDGET DATE: 11/16/2021 *ACTION ITEM - REQUEST FOR PROPOSAL QUASI-JUDICIAL ITEM? No Request for Proposal (RFP) No. 21-074 - Hazardous Household Waste Collection On September 1, 2021, responses to RFP No. 21-074 were opened. Two responses were received; 191 companies were notified, and 11 documents were distributed. The selected firm will provide collection of hazardous household waste for St. Lucie County Solid Waste Division. The collection site will be located at the Baling and Recycling Facility located at 6120 Glades Cut Off Road. On October 7, 2021, 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: Clean Harbors Environmental Service, Inc — Boynton Beach, Florida Clean Earth of Alabama, Inc. — Glencoe, Alabama PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available in 401-3410-534000-340000 RECOMMENDATION: Staff recommends Board approval to award RFP No. 21-074 and enter into contract with Clean Harbors Environmental Services, Inc., and authorization for the Chair to sign documents as prepared by the County Attorney. Page 217 of 427 COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: October 26, 2021 Jennifer Hill, Office of Management & Budget Director Date: November 02, 2021 George Landry, Director of Public Utilities Date: November 08, 2021 Jennifer Hill, Office of Management & Budget Director Date: November 08, 2021 Daniel McIntyre, County Attorney Date: November 10, 2021 Howard Tipton, County Administrator Page 218 of 427 ATTACHMENT A RFP No. 21-074 Hazardous Household Waste Collection A B C D E F G H I Selection Committee U) Rebecca Olson 70 o p o U +� O Ally Berry (D o6 M Matt Baum g o Roger Jacobsen off$ � � IfL o E L N a) �- •C Q > E Q (0 2) a) L O N a) � C7 U (D a) }, O I Z }, CB U C Q x L (D U cn E (� •L O Z Q ♦ � I— 0- 2 W Q_ LLI () W Q — LL H Iw.fJ Score per Committee Member 10 10 10 10 5 5 10 10 30 100 Total score per Four Committee Members 40 40 40 40 20 20 40 40 120 400 Clean Harbors Environmental 37 36 38 37 20 20 38 34 70 330 1 Clean Earth of Alabama, Inc 33 32 32 32 19 19 34 29 42 272 2 Page 219 of 427 ATTACHMENT B COUNTY COMMISSIONERS 7OU NT t F it 0 R I D A TABULATION SHEET PURCHASING DEPARTMENT RFP No. 21-074 Hazardous Household Waste Collection for St. Lucie County Solid Waste Clean Earth of Alabama, Inc. Contact: Kelby Neal Phone: 318-396-5584 Fax: 256-492-1581 Address: 402 Webster Chapel Road, Glencoe, AL 35905 Clean Harbors Environmental Services, Inc. Contact: Patrick Ethridge Phone: 561-736-1339 Fax: Address: 5610 Alpha Drive, Boynton Beach, FL 33426 Page 220 of 427 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Desiree Cimino, Purchasing Manager Office of Management & Budget 8.H.2. 2021-52613 CONSENT AGENDA -OFFICE OF MANAGEMENT & BUDGET DATE: 11/16/2021 *ACTION ITEM - REQUEST FOR QUALIFICATIONS QUASI-JUDICIAL ITEM? No Request for Qualifications (RFQ) No. 21-076, Professional Geotechnical Engineering & Testing Services - Continuing Contracts On September 15, 2021, responses to RFQ No. 21-076, Professional Geotechnical Engineering and Testing Services — Continuing Contracts, were opened. Seven proposals were received; 442 companies were notified and 17 RFQ documents were distributed. The purpose of this Request for Qualifications is to establish multiple continuing contracts with engineering firms to provide a full range of engineering testing services for St. Lucie County. These services may include roadway construction, parking lot construction, bridge analysis, soil borings, concrete testing, asphalt testing, and other geotechnical engineering and construction. On October 25, 2021, 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: 1. Ardaman & Associates, Inc. 2. Anderson Andre Consulting Engineers 3. Professional Service Industries, Inc. 4. Terracon Consultants, Inc. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Page 221 of 427 Sufficient funding will be made available in various Departments Professional Services account (531000) on an as -needed basis. RECOMMENDATION: Staff recommends Board approval of the short-listed firms for RFQ No. 20-076 and permission to: • Conduct discussions/ presentations with the short-listed firms; • Conduct contract negotiations with successful short-listed firms; • If negotiations are successful, award contracts to the successful short-listed firms and authorization for the Chair to sign the documents as prepared by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Don West, Public Works Director Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney Mark Satterlee, Deputy County Administrator Date: October 26, 2021 Date: October 27, 2021 Date: November 01, 2021 Date: November 08, 2021 Page 222 of 427 ATTACHMENT A RFQ No. 21-076 Professional Geotechnical Engineering and Testing Services Selection Committee a) (D Rob Krip n Q c M Y c� E Gary Franklin x x cLo Q O , Pete DePasquale u�i a).o tZ Brandon Friedman o o Q >, a� : ca M IL U) _ o L � a) C C 06 L =3 V /Cy O /Y L U OL j •� Q75 a O L' C C N C 0 C 0 S? Q O U U a to �° z C_0a) a d o li o d U' Points per Committee Member 20 20 25 10 5 15 5 100 Total Points for four Committee 80 80 100 40 20 60 20 400 Members Ardaman & Associates, Inc 77 75 93 37 20 58 20 380 1 Andersen Andre Consulting 76 76 95 37 18 58 19 379 2 Engineers PSI/Professional Service 70 78 90 38 17 56 17 366 3 Industries, Inc. Terracon Consultants, Inc. 73 75 89 36 16 57 17 363 4 Universal Engineering 74 74 87 35 16 57 15 358 5 Sciences/GFA International TSFGeo - Tierra South Florida, 74 77 82 37 17 50 19 356 6 Inc. Radise International, LLC 71 55 76 26 18 54 15 315 7 Page 223 of 427 ATTACHMENT B BOARD OF COUNTY COUNTY COMMISSIONERS F L r R I r TABULATION SHEET RFQ No. 21-076 Geotechnical Engineering and Testing PURCHASING DEPARTMENT Anderson Andre Consulting Engineers, Inc. Contact: David P. Andre Phone: 772-807-9191 Fax: 772-807-9192 Address: 834 SW swan Ave., Port St. Lucie, FL 34983 Ardaman & Associates, Inc. Contact: Dan Zrallack Phone: 772-878-0072 Fax: 772-878-0097 Address: 460 NW Concourse Place, Unit # 1, Port St. Lucie, FL 34986 PSI / Professional Service Industries, Inc. Contact: Juan D. Villegas Phone: 561-844-2404 Fax: n/a Address: 2000 Avenue P. Suite 16, Riviera Beach, FL 33404 Radise International, LC Contact: Andrew J. Nixon Phone: 561-841-0103 Fax: Address: 4152 W. Blue Heron Blvd., Suite 1114, Riveria Beach, FL 33404 Terracon Consultants, Inc. Contact: David T. Youngstrom Phone: 772-343-9787 Fax: n/a Address: 645 NW Enterprise Drive, Suite 107, Port St. Lucie, FL 34986 TSFGeo- Tierra South Florida, Inc. Contact: Raj Krishnasamy Phone: 561-687-8536 Fax: 561-687-8570 Address: 2765 vista Parkway, Suite H- 10, Royal Palm Beach, FL 33411 Universal Engineering Sciences/ GFA International Contact: Tom Montano Phone: 772-924-3575 Fax: n/a Address: 607 Northwest Commodity Cove, Port St. Lucie, FL 34986 Page 224 of 427 Iffiel PRESENTED BY SUBMITTED BY: tl1RIFrT- BACKGROUND: AGENDA REQUEST Board of County Commissioners 8.H.3. RES-2021-404 CONSENT AGENDA -OFFICE OF MANAGEMENT & BUDGET DATE: 11/16/2021 *RESOLUTION ITEM - BUDGET RESOLUTION QUASI-JUDICIAL ITEM? NO Jennifer Hill, Office of Management & Budget Director Office of Management & Budget Budget Resolution Recognizing Unanticipated Revenue FY'22 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 $723,999 in revenue that was not anticipated in the FY 22 Budget. PREVIOUS ACTION: The Fiscal Year 2021-2022 Budget was adopted by the Board on September 24, 2021. The Board recognized an amendment to the budget via resolution on October 19, 2021. FINANCIAL IMPACT: Action from this resolution amends the fiscal year 2021-2022 budget, increasing it by $723,999.00. RECOMMENDATION: Staff recommends approval of this agenda item to recognize the funds to amend the budget by $723,999.00. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Page 225 of 427 Coordination/Signatures Date: November 01, 2021 Jennifer Hill, Office of Management & Budget Director Date: November 02, 2021 Daniel McIntyre, County Attorney (j Date: November 08, 2021 Alphonso Jefferson, Deputy County Administrator Page 226 of 427 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 16" day of November 2021, pursuant to Section 129.06 (2), Florida Statutes, that the fiscal year 2021-2022 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 Chris Dzadovsky, Chair XXX Commissioner Sean Mitchell, Vice Chair XXX Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED THIS 16TH DAY OF NOVEMBER 2021. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTYATTORNEY Page 227 of 427 Attachment "A" Account Fund Description Revenue Appropriation ENVIRONMENTAL RESOURCES 001641-7912-331740-790000 National Endowment for Humanities $25,000 001641-7912-534000-790000 Other Contractual Services $25,000 Florida Humanities Council American Rescue Plan PUBLIC WORKS 184231-3710-334391-3712 Dept of Env Prot-Phys Env $675,000 184231-3710-546340-3712 Maint Beach Renoursihment $900,000 184-9910-599300-910000 Reserves ($225,000) Amendment to FDEP grant 18SL1 for Inland Sand Trap construction $225, 000 local match will come from 184-9910-599300-910000 SHERIFF's OFFICE 107512-2110-331210-210000 Dept of Justice $20, 785 107512-2110-581090-210000 City of Fort Pierce $10,392 107512-2110-591900-210000 Transfer to Sheriff $10,393 2021 JAG grant UTILITIES 471-3600-369970-36000 Insurance Recovery $3,214 471-3600-546000-36000 Equipment Maintenance $3,214 To recognize insurance proceeds from an auto accident - Hurtado Agenda: 11/16/2021 TOTAL $723,999 $723,999 Page 228 of 427 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Laura Cubbedge, Venue Coordinator SUBMITTED BY: Parks & Recreation 8.1.1. 2021-52459 CONSENT AGENDA -PARKS & RECREATION DATE: 11/16/2021 *ACTION ITEM - WAIVER OF FEES QUASI-JUDICIAL ITEM? No SUBJECT: Peter W. Busch Family Foundation Concert & Rodeo Fee Waiver $1,800.00 BACKGROUND: The Peter W. Busch Family Foundation will once again host a public event at the St. Lucie County Fairgrounds. The Peter W. Busch Family Foundation has hosted this annual event since 2005. The mission of the Peter W. Busch Family Foundation is to support, enrich, and enhance the community in which it was started. Formed over 30 years ago in Fort Pierce, FL, by Peter W. Busch. Mr. Busch believed in supporting initiatives that improve the quality of health, education, and families in his community, as well as preserving Florida's indigenous animals and landscape. This one day event will encompass a Pro Rodeo Cowboy Association Rodeo with a live concert performance to follow. The event is anticipated to have 4000+ visitors. The Peter W. Busch Family Foundation is a 501(c)3 organization located in St. Lucie County. The organization and event meet the requirements of the St. Lucie County Use Policy for fee waivers. This organization is requesting to host their 15th annual event in Adams Arena on April 24, 2021. They are requesting that the County waive the Adams Arena rental fees of $1800.00 The Peter W. Busch Family Foundation has agreed to reimburse the County $3232.00 for staffing and equipment costs associated with the event, as required by Board policy. PREVIOUS ACTION: The Peter W. Busch Family Foundation has hosted an event at the Fairgrounds for the last 16 years. A fee waiver was approved for the 2021 Rodeo and Concert Event. This year the event has added a full professional rodeo to the event, but it will still benefit the Peter W. Busch Family Foundation. IyI►1_VLO/_lffiWl7�I _T� The County will forgo the Adams Arena rental fee of $1800.00 to the User Fees Revenue Account (001-7215- 347221-7420), if the waiver is approved. Page 229 of 427 RECOMMENDATION: Staff recommends Board authorization to waive the $1800.00 for the rental fees of Adams Arena for the 2022 Peter W. Busch Family Foundation Rodeo & Concert Event to be held at the St. Lucie County Fairgrounds on April 23, 2022 as outlined in this agenda memorandum and authorization for the Chair to sign the documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 01, 2021 Summer Ivey -Platt, Parks & Special Facilities Division Manager Matt Baum, Interim Parks & Recreation Director Office of Management and Budget Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney Alphonso Jefferson, Deputy County Administrator Date: November 01, 2021 Date: November 01, 2021 Date: November 01, 2021 Date: November 02, 2021 Date: November 08, 2021 Date: November 10, 2021 Page 230 of 427 Howard Tipton, County Administrator Page 231 of 427 BUSCH FAMILY - FOUNDATION -pporcing initiatives that impresz the quality of health, education, and family in our community, as well as, the prescrvation of Florida's indigenous animals and Iandscape through 1«A1 charities. September 23, 2021 Mr. Matt Baum, Director Parks, Recreation & Facilities 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear Mr. Matthews, The Busch Family Foundation is recognized as exempt under section 501(c)(3) if the Internal Revenue Code. As you may know, the BFF has been hosting events at the St. Lucie County Fairgrounds since 2005. We are requesting a waiver of the fees for the fairgrounds for the Busch Rodeo and Concert on April 16, 2022. We expect the attendance for the Busch Rodeo and Concert to be 4,000 plus, The mission of the Busch Family Foundation is to support, enrich, and enhance our local community by generously giving 100% of its proceeds back to the community. Formed over 30 years ago by Peter W. Busch, the Foundation believes in supporting initiatives that improve the quality of health, education, and families in our community, as well as preserving Florida's indigenous wildlife and landscape. We are very excited to continue our relationship with the St. Lucie County Fairgrounds and hope to have another successful event, so that we can continue to help fund our local charities. Sincerely, f PLI Tra4y s � Treasurer ~- (772) 460-7404 Page 232 of 427 ESTIMATE OF FEES VENUE: St. Lucie County Fairgrounds PHONE: 772-462-2581 FAX:772-462-2579 Estimate Date: September 23, 2021 Event Date: 4/16/2022 Event Day: Saturday Event: Busch Concert and Rodeo Event Times: 4pm-12am No. of Attendees 2500 Set Up/Load In: April 15,2022: 8am-5pm / April 16, 2022:8am-4pm Contact: Paul Trabulsy Break Down/Load Out: April 16, 2022: 12am-3am Total Event Hours, inc. Load in/Out: 28 Organization: Busch Family Foundation Address: 5300 Glades Cutoff Road Fort Pierce, FL 34981 Office Phone: Fax: Cell: 772-216-2631 E-mail Address: Paul.trabulsy@sediist.com Facility Use Fee Rate Fee Adam's Equestrian Arena (Ticketed Event) 1 Day @ $2000/ Day $2,000,00 Open Area (Veterans Way and Front of Adam's) 1 Day @ $400/ Day $400.00 Equipment Use Fees Electric Panel Sub -total $2,400.00 Deduct 25% Nonprofit Discount $600.00 Revised Sub -total $1,800.00 Sales Tax 7% T/E *"Waiver Requested FACILITY USE FEE TOTAL '$1,800.00, Rate 2 @ $100 Each $200.00 EQUIPMENT FEES TOTAL $200.00 Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Required) 22 hours @ $26 $572.00 Custodial Staff (4 @ 10 hours) 40 hours @ $19 $760.00 STAFF FEES TOTAL $1,332.00 Other Fees Cleaning Fee $400 $400.00 Concession Fee Greater than 1000 People $150.00 Alcohol Service Fee $1per person over age 21 (max $1000) $1,000.00 OTHER FEES TOTAL $1,550.00 Security Deposit (refundable) SECURITY DEPOSIT TOTAL $0.00 Payable to St. Lucie County BOCC TOTAL ESTIMATED CHARGES $4,882.00 TOTAL ESTIMATED CHARGES iF WAII1` ISAPPROVED $3,082.00 Other Requirements Include but are not limited to: 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation, Payment In full and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County as an Additional Insured Is required. If needed, event insurance is available at reasonable rates. Estimate Prepared by: _Laura Cubbedae Estimate Accepted by: FORM APPROVED MAY 2012 Page 233 of 427 CCCO342 10/16/18 11101 DR-14 Consumer's Certificate of Exemption R. 01/18 Issued Pursuant to Chapter 212, Florida Statutes FEgitiDpl I 85-8016318561C-6 12/N/2018 I 12/31/2023 501(C)(3) ORGANIZATION Certificate Number Effective Date Expiration Date Exemption Category This certifies that PETER W. BUSCH FAMILY FOUNDATION 5300 GLADES CUT OFF RD FORT PIERCE FL 34981-4613 is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. DR-14 • !important information for Exempt Organizations R. 01/18 FLORIDA 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (RA-C.). 2. Your Consumer's Certificate of Fxamptlon Is to be used solely by your organization for your organization's customary nonprofit activities, 3. Purchases made by an individual on behalf of the organization are taxable, even if the Individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property Is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, FA.C.). 5. It Is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certifloate. 6. If you have questions about your exemption certificate, please call Taxpayer Services at 850-488-6800. The mailing address is PO Box 6480, Tallahassee, FL 32314-6480. Page 234 of 427 IRS uparhacatoftho T�vaiury 4j1 I S nlniernal ttavenue service P.O. Box 2508 In reply refer to: 024816 2362 Cincinnati OH 45201 Dec. 19, 2013 LTR 4168C 0 43-6387996 000000 00 00019790 BODC: TE PETER W BUSCH FAMILY FOUNDATION 5300 GLADES CUT OFF RD FORT PIERCE FL 34981 MVAY 001839 Employer Identification Number: 43-6387996 Person to Contact: Mr. McQueen Toll Free Telephone Number: 1-877-829-5500 Dear Taxpayer: This is in response to your Dec. 10, 2013, request for information regarding your tax-exempt status. Our records indicate that you were recognized as exempt under section 501(c)(3) of the Internal Revenue Code in a determination letter issued in October 1991. Our records also indicate that you are a private non -operating foundation described under section 509(a) of the Code. Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Please refer to our website www.irs.gov/eo for information regarding filing requirements. Specifically, section 6033(j) of the Code Provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file. We will publish a list of organizations whose tax-exerapt status was revoked under section 6033(j) of the Code on our website beginning in early 2011. Page 235 of 427 kc LucVG - r c7- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Robert Grant, Recreation Coordinator SUBMITTED BY: Parks & Recreation 8.1.2. 2021-52565 -PARKS & RECREATION DATE: 11/16/2021 *ACTION ITEM - WAIVER OF FEES QUASI-JUDICIAL ITEM? No SUBJECT: St Lucie County Sheriff's Office 5th Annual Gary Morales Softball Tournament & Family Fun Day - Fee Waiver $612.00 BACKGROUND: The St Lucie County Sheriff's Office along with The Hundred Club of St Lucie County is a not -for -profit organization designed to provide direct financial help for spouses and dependents of first responders who have lost their lives or become disabled in the line of duty. In 2017, the Hundred Club launched a charitable softball tournament in honor of Sgt. Gary Morales who was killed in the line of duty in 2013. The proceeds from the tournament support the mission of the Club. Since it's inception, the event has raised more than $37,000. PREVIOUS ACTION: In 2017, the Hundred Club launched a charitable softball tournament in honor of Sgt. Gary Morales who was killed in the line of duty in 2013. The proceeds from the tournament support the mission of the Club. Since it's inception, the event has raised more than $37,000. This year the St Lucie County Sheriff's Office and The Hundred Club would like to host the annual tournament in Lakewood Park Regional Park on November 20, 2021 and are requesting fees to be waived for this event. Along with the Softball Tournament, the Sheriff's Office is also hosting a Family Fun Day at Lakewood Park Regional Park, along with the Tournament for St Lucie County Sheriff's Office staff and employees' families to build relationships and promote high morale throughout the Sheriff's Office. FINANCIAL IMPACT: If this fee waiver is approved, the County would forgo collecting the field rental fees totalling $612.00 (acct # 001-7210-347221-720000). RECOMMENDATION: Staff recommends waiving the field rental fees of $612.00 for the upcoming St Lucie County Sheriff's Office 5th Annual Gary Morales Softball Tournament & Family Fun Day and Lakewood Regional Park on November 20, 2021 Page 236 of 427 COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Matt Baum, Interim Parks & Recreation Director Office of Management and Budget Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney f� Alphonso Jefferson, Deputy County Administrator Date: October 26, 2021 Date: October 26, 2021 Date: October 26, 2021 Date: November 01, 2021 Date: November 01, 2021 Page 237 of 427 ftriff KEN I MASCARA 4700 West Midway Road, Fort Pierce, Florida 34989 T *. %jr October 18, 2021 Mr. Ed Matthews St. Lucie County Parks & Recreation 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Matthews: Member National Sheriffs' Association Member Florida 5heriffs'Assoaiation Telephone: (772) 462-7300 * Fax: (772) 489-5851 The St. Lucie County Sheriff's Office would like to host an employee -only fall festival on November 20 from noon to 4 p.m. at the Lakewood Park Regional Park. This event will feature family fun for all ages and be targeted to only our employees and their family members. It will include food, games and fall photo opportunities with the goal to build relationships and promote high morale throughout our agency. Please accept this letter.as a formal request to waive the facility use fees. Sincerely, Bryan Beaty, Public information & Outreach Manager Page 238 of 427 JASON BERGER President DOROTHY SHAW Vice President BRIAN HESTER Secretary GARRY WILSON Treasurer Board Members ART ALLEN SANDEE ALLEN PAT ALLEY R. SEAN BALDWIN STEVEN BARNETT MIKE BARTUS BRYAN BEATY JOHN BOLDUC MIKE FOWLER DIANE HOBLEY-BURNEY SCOTT HOLMES DARYLKRAUZA BOB LOWE KEN MASCARA MIKE MONAHAN RON PARRISH BRIAN REUTHER JANE ROWLEY JIM RUSSAKIS NATE SPERA JULIANA WALKER ST. LuaE COUNTY HUNDRED CLUB, INC. 4700 West Midway Road • Fort Pierce, Florida 34981 October 18, 2021 Mr. Ed Matthews St. Lucie County Parks & Recreation 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Matthews: The Hundred Club of St. Lucie County is a not -for -profit organization designed to provide direct financial help for spouses and dependents of first responders who have lost their lives or become disabled in the line of'duty. In 2017, the Hundred launched a charitable softball tournament in honor of Sgt. Gary Morales who was killed in the line of duty in 2013. The proceeds from the tournament support the mission of the Club. Since its inception, the event has raised more than $37,000. This year, we would like to host the tournament at the Lakewood Park Regional Park on November 20, 2020 and would like to request a waiver of facility use fees. Please consider this request and let me know if you have any questions or concerns. Sincerely, Bryan Beaty, Director, St. Lucie County Hundred Club www.100clubsic.org Page 239 of 427 Cost Estimate Sheet VENUE: Lakewood Park Regional Park PHONE: FAX: Event Date Event Day: Event: Gary Morales Softball Tournament Event Times: Contact Name: Bryon Beaty Nov. 20, 2021 Saturday Sam-8pm Organization: St Lucie County Sheriffs Office Address: 4700 W. Midway Rd. Ft Pierce, FL. 34982 Office Phone: (772) 462-3308 Fax: Cell: (772) 882-8069 E-mail Address: beatybestluicesheriff.com Facility Use Fee Baseball Field Rental Equipment Use Fees Lights Field Prep Rate $12.75/hr. x 48 hrs. x $11/hr. x 12hrs. $16/per field x 4 fields Sales Tax 7% EQUIPMENT FEES TOTAL Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Required) Maintenance Staff STAFF FEES TOTAL TOTAL TOTALDUE $612.00 Exempt $132.00 $64.00 $196.00 s808.00 $196.00 Other Requirements include but are not limited to: 1. 50% Deposit with Signed Facility Use Application. 2. Balance and all required documents due 30 days prior to event. 3. Comprehensive General Liability Insurance Certificate for $1,000,000 in name of Applicant. 4. St. Lucie County named as an additional insured. 2300 Virginia Ave. Ft Pierce, FL. 34982 5. The costs listed above are estimates only and are subject to change based on actual event. Page 240 of 427 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Robert Grant, Recreation Coordinator SUBMITTED BY: Parks & Recreation 8.1.3. 2021-52550 CONSENT AGENDA -PARKS & RECREATION DATE: 11/16/2021 *ACTION ITEM - WAIVER OF FEES QUASI-JUDICIAL ITEM? No SUBJECT: St. Lucie County Public Schools - Marching Band Showcase - Fee Waiver $520.50 BACKGROUND: The St. Lucie County Public Schools are requesting a fee waiver for their Marching Band Showcase that happened on Oct. 9, 2021. This event featured five local high bands presenting their haftime shows combined with middle school bands playing the National Anthem prior to the showcase. The actual event was scheduled for Saturday, Oct. 9, 2021, from 4-10pm. The event was held at Lawnwood Stadium, 1302 Virginia Ave. The event organizers planned for 600 band students and approximately 1200 spectators to take part in the event. The cost for admission was $6.00 and a parking fee donation. The funds will go to support the school's music programs. If the fee waiver is approved , the County would forgo $520.50 in facility rental fees. They will be expected to pay for lights and staff fees, which are $425.00. In accordance with section 2C of the St Lucie County Facility Use Rules and Procedures, facility rental fees cannot be waived unless approved by the Board of County Commissioners. Moreover, the event must meet the following criteria in order to be eligible for a waiver: 1. Be a St Lucie County Governmental Agency or non-profit with a 501(c)(3) tax exemption, which provides a service that benefits the public and is available to all citizens of the County. 2. The event is a fundraiser for an organization which meets the requirements in C(1)(a). Approval of the waiver is at the sole discretion of the Board of County Commissioners. Charges for staff, equipment and supplies may not be waived by the Board. Attached documents: 1. Letter addressed to the County Administrator requesting waiver of fees. 2. Facility Use Application. 3. Exhibit "A"- Estimate of Fees. Page 241 of 427 PREVIOUS ACTION: In 2019, the St Lucie County Public Schools held a Marching Band Showcase at the same location and had the facility fees waived for that event. FINANCIAL IMPACT: If the fee waiver is approved, the County would forgo $520.50 in facility rental fees. They will be expected to pay $425.00 in staff and light fees. RECOMMENDATION: Staff recommends Board approval to waive $520.50 in facility rental fees for the St Lucie County Public Schools Marching Band Showcase that was held on Saturday, Oct. 9, 2021 from 4-10pm at Lawnwood Stadium. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: October 26, 2021 Matt Baum, Interim Parks & Recreation Director Date: October 26, 2021 Jennifer Hill, Office of Management & Budget Director W�' Date: November 01, 2021 Daniel McIntyre, County Attorney Date: November 01, 2021 Alphonso Jefferson, Deputy County Administrator Page 242 of 427 BOARD MEMBERS Debbie Hawley, Chairman DISTRICT #1 Dr. Donna Mills, Vice Chairman DISTRICT #3 Jack Kelly DISTRICT #2 Jennifer Richardson DISTRICT #4 Troy Ingersoll DISTRICT#5 St. Lucie PUBLIC SCHOOLS Each Child, Every Day To: Mr. Howard Tipton From: Kevin G. Perry, Ph.D., Assistant to the Superintendent Rd: Marching Band Showcase Date: October 09, 2021 Greetings Mr. Tipton, This letter comes as a way of explanation and for a request. SUPERINTENDENT E. Wayne Gent 9461 Brandywine Lane Port St Lucie, FL 34986 772.429.5544 www.stlucieschools.org "EST ACCREDITEp �@ ups The band directors for St. Lucie Public Schools (SLPS) presented the Fourth Annual Marching Band Showcase, which is a pre -marching band festival. This showcase operates just like the marching band festivals of old that 20+ years ago were hosted at Lawnwood Stadium. Marching Band Festivals that I participated in as Band Director of Westwood High School. You can also liken it to the Vero Beach High School Crown Jewel Marching Band Festival. The SLPS Marching Band Showcase scheduled on October 'q , 2021 featured the five high school bands presenting their halftime show and a combined middle school band playing the National Anthem prior to the showcase. Judges in Marching, Music, Auxiliary and General Effect rated the bands in those 4 categories and made recommendations for improvement as they move toward their Music Performance Assessment. The Music Performance Assessment is a state-wide rating of the marching band program that is very similar to grades that schools are issued based on performance on the FSA (FCAT) Exam. An additional highlight to the evening was when the middle school musicians took to the field and joined their high school counterparts for the Mass Band performance at the end of the evening. There were approximately 500 band students and about 1000 spectators. The actual event time was 6:00 - 9:00 and is open to the public. We respectfully request a waiver again this year as this is part of the partnership with St. Lucie Public Schools. This waiver will greatly benefit the participating music programs in the district and provide an ideal to aspire to for our middle school musicians. In addition, it will provide a fun evening for our parents and students. This is truly a great night for Music and Music Education in St. Lucie Public Schools. Your kind consideration is greatly appreciated. Regional Parles and Stadhrnzs FACILITY USE 1302VirginiaAve. APPLICATION Ff. fierce, FL 34982 orate t�r7z3 462-2159 rax (172) 462-7103 Applicant /Organization Name: St. Lucie Public School Band Showcase If Non-profit, please attach proof. If tax exempt, indicate ID Number Address: 9461 Brandywine Ln Pt. St. Lucie Florida, 34986 Authorized Contact Person: Kevin Per Title: —Asst. To the superintendent Phone: Primary (772) 429-3915 Cell (772)201-0062 Alternate( — Email: Kevin. perrya@stlucieschools.org^ Fax: Event Name/Doscriptlow-Marching Band Showcase Requested Event Date(s)_10.9.21 Event Begins:6:00 DAM XOPM Ends:10:00_ ❑AM X❑PM Requested Load In/Set-Up Date(s):10-9-21 Requested Load OutlClean Up Date(s): 10-9-21 Est. time for Load In/Set-up--__$,,,,,,_ Hours Estimated time for toad Out/Clean up __.9_ /-lours Venue(s) Requested:,_Lawnwood Stadium See Schedule of Fees and Site Plan---.;> .56ccer' `--,Id sf'z Total No. of Hours Requested, including Load In/Load out ^9 Hours Total No, of Staff & Attendees —1200_ Open to the Goneraf Public: X❑ Yes ❑ No Ticket Sales/Admission Fee: X❑ Yes ❑ No Admission Cost: $6.00_ Purpose of Event: Business/For Profit Personal ❑ Non-ProfitlGovt. ❑ Fundraiser X❑ Other ❑ If Fundraiser, Indicate Reciplent:,_,,,High School Marching Bands Food/prink Served? X❑ Yes ❑ No If Yes, Is the event to be catered? ❑ Yes ❑ No Please note that concessions (drinks, snacks, etc.) are provided exclusively by the St. Lucie County contractor. Alcohol Served? ❑ Yes X❑ No There may additional charges for equipment or set ups listed below. Requested Set Up: Equipment Needed? ❑ No If yes, Indicate required items below. ❑ Stage (Showmobile) ❑ Scoreboard Ii Field Setup ❑ Looker Rooms X❑ PA system ❑ Garbage Dumpster Items not listed will be the responsibility of the Lessee to provide. Power (electricity) on the Field ❑ Portable Bleacher (s) X❑ Pressbox Other I understand that use is not reserved until the Signed Agreement with 50% deposit, Certificate of Insurance in name of Organization and naming St. Lucie County as an additional insured, Required Licenses and Permits for vendors, caterers, etc. and Payment in Full is suM)ltted no less than,,3s} days prior to event. Signature of Applicant:' l t`E Z A -- Date: 1M.0...2 1 FOR STAFF USE ONLY: `--j Date Received `t Z "I/ Z I _ Date(s) Ava1iabl9,H*es ❑ No Written Estimate of Fees Provided to Applicant on 0/ 173 1 (Bate) via. ❑ Meeting mail ❑ Fax ❑ Mail Attach stimate to Application. Date: Z 3 C Sign re o Employee Processing Application aA I I-;12- ( Page 244 of 427 Final Cost VENUE: PHONE: Event: SLPS Marching Band Showcase Contact Name: Dr. Kevin Perry Lawnwood Stadium FAX: Event Dates: Event Times: Total Event Hours Oct. 9, 2021 4-10pm 6 Organization: St Lucie County School Board Address: 9461 Brandywine Ln. PSL, FL. 34986 Office Phone: 772-429-3915 Fax: Cell: 772-2010062 E-mail Address: kevin.perry@stlucieschools.org Facility Use Fee Rate Lawnwood Stadium Rental $77/hr. x 6 hrs. Lawnwood Soccer Fields Rental $16/hr. x 6 hrs. Subtotal 25% Non -Profit Discount Subtotal Press Box $102/per day Subtotal Sales Tax 7% FACILITY USE FEE TOTAL Fees Waived FACILITY USE FEE TOTAL Equipment Use Fees Lights $26/hr. x 5 hrs. - LW Stadium $11/hr. x 5 hrs. - LW Soccer Fields Sales Tax 7% EQUIPMENT FEES TOTAL Staff Personnel (Does not include cost of any required security personnel) Maintenance Staff $20/hr. x 2 Staff x 6 hrs. STAFF FEES TOTAL TOTAL DUE Other Requirements include but are not limited to: 1. 50% Deposit with Signed Facility Use Application. 2. Balance and all required documents due 30 days prior to event. 3. Comprehensive General Liability Insurance Certificate for $1,000,000 in name of Applicant. 4. St. Lucie County named as an additional insured. 2300 Virginia Ave. Ft Pierce, FL. 34982 5. The costs listed above are estimates only and are subject to change based on actual event. Fee Page 245 of 427 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Matthew Morse, Venue Coordinator Parks & Special Facilities Division 8.1.4. 2021-52640 CONSENT AGENDA -PARKS & RECREATION DATE: 11/16/2021 *ACTION ITEM - WAIVER OF FEES QUASI-JUDICIAL ITEM? No Waiver for the Feed The Need Annual Toy Drive at the Havert L. Fenn Center - Request to Waive Facility Use Fees in the Amount of $4,942.50 The Feed The Need Foundation is currently working with local organizations and businesses to receive donations for their annual toy drive. They would then set up and distribute their donations from the Fenn Center from December 4th - 7th, 2021. They would set up their operation on December 4th and then distribute the donations to families on December 6th and 7th. Feed The Need Foundation, LLC is an all -volunteer 501(c)3 non-profit organization. Their mission is to identify within communities and to then implement programs that assist those communities in fulfilling their needs, all while fostering goodwill in others. They principally focus on shortages related to food and child development needs, such as books and toys. Feen The Need integrate their efforts within the communities they assist by involving local businesses, organizations, and other non-profit entities. Certain rental fees can be waived by the BOCC pursuit to B.8.b. in Exhibit A of Resolution 14-053. Additional costs for County staff and equipment will be paid by the renter. PREVIOUS ACTION: There have been no previous waivers for this event at the Havert L. Fenn Center. FINANCIAL IMPACT: If the fee waiver is approved, the County will forgo $4,942.50 in rental fee revenue under accounting string 001-7215-347220-7510 User Fees. RECOMMENDATION: Staff recommends Board approval to waive the facility use fee of $4,942.50 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Page 246 of 427 COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Matt Baum, Interim Parks & Recreation Director Y+ Jennifer Hill, Office of Management & Budget Director County Attorney, County Attorney Alphonso Jefferson, Deputy County Administrator Date: November 01, 2021 Date: November 01, 2021 Date: November 08, 2021 Date: November 08, 2021 Page 247 of 427 • FEED THE NEED FOUNDATION, LLC M October 26, 2021 Mr. Matt Baum Director, Parks and Recreation St. Lucie County, Florida Dear Mr. Baum: The Feed The Need Foundation is currently working with local organizations and businesses to receive donations to our annual toy drive. Once collected, we would very much like to stage our distribution at the Fenn Center. This event will require three days total. We will set up on December 4 and distribute the toys December 6-7. Consequently, we request waiver of the $4,942.50 in facility use fees. Your generosity will greatly assist our efforts and directly impact the lives of those in need! Feed The Need Foundation, LLC is an all -volunteer 501(c)(3) non-profit organization. Our mission is to identify needs within communities and to then implement programs that assist those communities in fulfilling their needs, all while fostering goodwill in others! We principally focus on shortages related to food and child development needs, such as books and toys. We integrate our efforts within the communities we assist by involving local businesses, organizations, and other non-profit entities. We act through direct volunteer and material support and by raising funds for appropriate local non -profits. Examples include the distribution of fresh foodstuffs, such as the 75 tons we provided to communities this summer, support to school food pantries, creation of lending libraries and school reading programs, frequent support to veterans' programs and, of course, our annual toy drives. We thank you in advance for your kind support. I'm happy to answer any questions you may have. You may reach me at (800) 484-8682 or kelarlee@feedtheneedfoundation.org. Thank You, Kathy E. Larlee Chairman of the Board Page 249 of 427 EXHIBIT A 5 - J RESERVATION FEES COUNTY VENUE: Havert L. Fenn Center PHONE: 772-462-1521 FAX: 772-462-1128 Date: October 22, 2021 Event Date: December 3-4, 6-7, 2021 Event Day: Monday & Tuesday Event: Fill the Fence- Annual Toy Drive Event Times: Monday 8am-10pm & 8am-8pm No. of Attendees TBD Set Up/Load In:Friday 9a - 5p/Saturday 2p - 6p Contact: Kathy Larlee Break Down/Load Out: Tuesday afternoon Total Event Hours, inc. Load in/Out: 38 hrs Organization: Feed the Need Foundation Address: 50 Riders Ridge Trail Rockbridge County, VA 24416 Office Phone: 1-800-484-8682 Fax: Cell: 540-466-0571 E-mail Address: kelarlee@feedtheneedfoundation.org Facility Use Fee Rate Fee MP 1 - Friday $375 for 8 hr block $375.00 MP 2 - 4 - Friday $400 for 8 hr block X 3 rooms $1,200.00 MP 1 - Saturday $175 for 4 hr block $175.00 MP 2 - 4 - Saturday $95 per hour X 4 hours X 3 rooms $1,140.00 MP 1 - Mon/Tue $350 all day rate X 2 days $700.00 MP 2 - 4 - Mon/Tue $500 all day rate X 3 rooms X 2 days $3,000.00 Sub -total $6,590.00 NP 25% Discount $1,647.50 Sales Tax 7% T/E FACILITY USE FEE TOTAL - POSSIBLE WAIVER $4,942.50 Equipment Use Fees Table and chairs N/C $0.00 Sales Tax 7% T/E EQUIPMENT FEES TOTAL $0.00 Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Required) 12 hrs @ $25/hr $300.00 Custodian 4 hours @ $18/hrX 2 days $144.00 STAFF FEES TOTAL $444.00 Other Fees Event Insurance Premium (if applicable; by separate check) TOTAL CHARGES WITHOUT WAIVER $5,386.50 AMOUNT TO BE WAIVED $4,942.50 Payable to St. Lucie County BOCC TOTAL ESTIMATED CHARGES WITH WAIVER $444.00 Other Requirements include but are not limited to: 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County BOCC as an Additional Insured is required. If needed, event insurance is available at reasonable rates. Prepared by: Matt Morse FORM APPROVED MAY 2012 Page 250 of 427 AGENDA REQUEST TO: Board of County Commissioners 8.J.1. 2021-52369 CONSENT AGENDA -PUBLIC WORKS DATE: 11/16/2021 *ACTION ITEM - GRANT ACCEPTANCE QUASI-JUDICIAL ITEM? No PRESENTED BY: Don West, Public Works Director SUBMITTED BY: Public Works SUBJECT: Grant Acceptance - Taylor Creek Restoration Muck Removal Project - SFWMD (FIND) Agreement No. 4600004386 Amendment No. 01 BACKGROUND: The attached amendment No. 01 from the South Florida Water Management District (SFWMD) is required to move funds within the contract #4600004386 grant work plan for Taylor Creek Restoration. The amendment is a housekeeping item that allows SFWMD staff to move the funds from Task 3 - Construction Management to Task 2 - Construction and extend the task completion date from January 2022 to September 2022. The grant construction funds will be coupled with the existing Florida Department of Environmental Protection grant LPA 0500 to cover the construction cost for the project. April 6, 2021 - Board acceptance of Florida Inland Navigation District (FIND) Grant funds through South Florida Water Management Governmental Agreement No. 4600004386 in the amount of $2,488,180.00 to construct the Taylor Creek Restoration Muck Removal Project FINANCIAL IMPACT: No financial impact. RECOMMENDATION: Staff recommends Board acceptance of Amendment No. 01 to South Florida Water Management District Agreement No. 4600004386, to revise task funding in the Grant Work Plan for the Taylor Creek Restoration Muck Removal Project and extend the task completion date to September 2022, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Page 251 of 427 MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 02, 2021 Don West, Public Works Director Jennifer Hill, Office of Management & Budget Director wi. ? � r Daniel McIntyre, County Attorney Mark Satterlee, Deputy County Administrator Date: November 02, 2021 Date: November 07, 2021 Date: November 08, 2021 Page 252 of 427 0- SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4600004386-A01 AMENDMENT NO. 01 TO AGREEMENT NO.4600004386 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT mac ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS This AMENDMENT NO. 01 is entered into on dated April 28, 2021, between "the Parties," the South Florida Water (District), and St. Lucie County Board of County Commissioners (County). Background _to that Agreement Management District 1. The Governing Board of the District, at its April 9, 2020 meeting, approved entering into this Agreement with the Parties for the Taylor Creek Restoration Dredging, Construction Project. 2. The term of the Agreement is one (1) year to be exercised at the option of the District. 3. The Parties wish to amend the Agreement to revise the Statement of Work and revise the Payment and Deliverable Schedule of the Agreement. Terms and Conditions 4. The Statement of Work, attached as Exhibit "A" and Payment and Deliverables attached as Exhibit `B" to the Agreement, is hereby replaced with Exhibit "A-l" and `B-1" hereto and made a part of this AMENDMENT NO. 01. 5. This AMENDMENT NO. 01 shall be at no additional cost to the District. 6. All other terms and conditions of the Agreement remain unchanged. 4600004386-A01, Page 1 of 2 Page 253 of 427 0- SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this AMENDMENT NO.01 on the date first written above. SFwMD PROCUREMENT APPROVED BY: DATE: 10/27/2021 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Candida Heater, Director Administrative Services Division ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Title: 4600004386-A01, Page 2 of 2 Page 254 of 427 EXHIBIT "A-1" STATEMENT OF WORK TAYLOR CREEK RESTORATION MUCK REMOVAL PROJECT A. Introduction/Background This agreement is between South Florida Water Management District and St. Lucie County for the Taylor Creek Restoration Muck Removal Project is requested to establish the Florida Inland Navigation (FIND) funding and the payment and deliverable schedule. The project is in St. Lucie County and will address the muck sediments that have accumulated in the navigation channel of Taylor Creek, since it was last dredged in July 2004. This project will prevent the muck sediments from migrating on to the seagrass beds in the Indian River Lagoon and provide navigational benefits to the Marinas and Port of Fort Pierce. The Taylor Creek navigation channel will be restored to its full depth to benefit the public. Taylor Creek is the receiving waterbody for two of the major canals within St. Lucie County. The C-25 canal and the Fort Pierce Farms Water Control District's Canal #1 both discharge into Taylor Creek less than 1 mile upstream of the project site. During heavy rain events, freshwater flows containing nutrients, fertilizers, and pesticides flow from agricultural and other upstream properties, many of which were developed prior to modern stormwater regulations. B. Objectives This project involves dredging of Taylor Creek between FEC Railroad Bridge and the Intracoastal Waterway right-of-way to the intended navigational depth of (-13.5) NAVD. This will allow for the channel to serve at the intended operational depth and will provide additional navigational benefits to the Marinas and Port of Fort Pierce. Preventing unwanted suspension of deposited material during vessel operation is an additional benefit accomplished by the project. The removal of this material will prevent the muck sediments from migrating and impacting nearby critical submerged resources including the federally protected Johnson's (Halophila johnsonii), manatee (Syringodium filiforme) and shoal (Halodule wrightii) grasses as well as oyster habitat in the Indian River Lagoon. The removal of muck from Taylor Creek is consistent with the goals of the Indian River Lagoon National Estuary Program's Comprehensive Conservation and Management Plan (CCMP), the Department of Environmental Protection's Indian River Lagoon Basin Management Action Plan (BMAP) and the County's Capital Improvement Plan (CIP). Improving water quality and reducing nutrient flux into impaired water bodies are consistent with the goals and objectives of the SFWMD. C. Scope of Work The work generally consists of removal of sediment and muck deposits from the navigation channel of Taylor Creek between the FEC Railroad bridge and the main channel of the Indian River Lagoon by use of a hydraulic dredge. The main channel will be dug to a design depth of (-13.5) NAVD. The estimated quantity of material to be removed under this contract is approximately 76,000 yards. The County previously designed, permitted and constructed a 19.9 acre Dredged Material Management Area (DMMA) to accept dredge spoils in 2013. The DMMA site is located 2.8 miles from the dredge area and will be the recipient site for material thru a pipeline from the dredge. The DMMA will serve as Statement of work Page 1 of 3 Page 255 of 427 a site where the material can be dewatered and then trucked to the ultimate disposal site on County property. The project will require strict controls to remain in compliance with environmental regulations, including monitoring for turbidity, protection and control for marine species interaction, and submerged natural resource protection. All work in or over the water and all equipment shall be removed from in -water areas no later than November 15 to conform with manatee restrictions. The contractor is responsible for securing authorization for ROW access through the SFWMD. The contractor is responsible for the appropriate plans, sketches and application fees in support of the ROW access permit. Hydrographic surveys of pre- and post -dredge conditions within the removal area shall serve as the basis for any pay applications submitted by the contractor, in accordance with the County contract. D. Work Breakdown Structure Task 1: Pre -Agreement Engineering expenses: This task will allow the County to request a portion of the pre -agreement design cost spent prior to the execution for this agreement. In late 2019, the County contracted with an engineering firm to design, engineer, and permit this project. Task 2: Construction - Dredging & Material Management: This task will include dredging of Taylor Creek between FEC Railroad Bridge and the Intracoastal Waterway right-of-way. The project will utilize a hydraulic dredge to pump material directly from the Taylor Creek channel to the existing Dredge Material Management Area (DMMA) located approximately 2.5 miles north of Taylor Creek. The County intends to truck the dried muck materials out of the DMMA to an upland disposal site as grant funding allows. Task 3: Construction Management, Compliance, and Inspection: DELETED Statement of work Page 2 of 3 Page 256 of 427 EXHIBIT "13-1" PAYMENT AND DELIVERABLES If the total consideration for this agreement is subject to multi -year funding allocations, funding for each applicable fiscal year of this agreement will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this agreement to the contrary. The County shall submit the following deliverables as part of this project: Deliverable Due Date Not -to -Exceed Pa ment Amount Task 1: Pre -Agreement Engineering expenses January 2022 $62,500 Task 2: Construction - Dredging & Material january 2022 $2,425,680 Management September 2022 Total Not -to -Exceed Amount: $2,488,180 Statement of work Page 3 of 3 Page 257 of 427 AGENDA REQUEST TO: Board of County Commissioners 812. 2021-52636 CONSENT AGENDA -PUBLIC WORKS DATE: 11/16/2021 *ACTION ITEM - BID AWARD QUASI-JUDICIAL ITEM? No PRESENTED BY: Christopher Lestrange, Road & Bridge Division Director SUBMITTED BY: Road & Bridge Division SUBJECT: Award Bid No. 21-085 Guardrail Maintenance and Installation to Florida Roadway Guardrail & Signs, Inc. and Southeast Highway Guardrail and Attenuators, LLC for guardrail repair, new installations and on millings roads. BACKGROUND: The purpose of this bid is to establish contracts with qualified contractors for guardrail maintenance and construction for guardrail repairs, new installations and guardrail on milling roads. Seventy-nine (79) companies were notified, Twelve (12) documents were distributed. On October 20, 2021, the two attached submittals for Bid No. 21-085 for Guardrail Maintenance and Installation were received. All bidders were considered responsive. A single contractor did not submit the lowest bid on all of the items requested in the bid. The initial term of the proposed contract is for a period of two (2) years. Providing the bidder agrees to the same terms and conditions, the contract could be extended for an additional three (3), one (1) year periods for a maximum contract term of five (5) years. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds are available in accounts 101-4110-553100-410000 and 001009-4110-553100-410000 (Safety Signs and Markers) RECOMMENDATION: Due to the variation of guardrail projects, and bid items required, it is recommended to award both bids submitted and shown on the attached bid tabulations. Staff recommends Board approval for the award of Bid No. 21-085, Guardrail Maintenance and Installation to Page 258 of 427 Florida Roadway Guardrail & Signs, Inc. and authorization for the Chair to sign the contract as approved by the County Attorney. Staff recommends Board approval for the award of Bid No. 21-085, Guardrail Maintenance and Installation to Southeast Highway Guardrail and Attenuators, LLC and authorization for the Chair to sign the contract as approved by the County Attorney. *0k1ril►41-5-1Eel 0F_T*IEel ►F RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 01, 2021 Don West, Public Works Director Date: November 01, 2021 Jennifer Hill, Office of Management & Budget Director Date: November 02, 2021 Daniel McIntyre, County Attorney Date: November 08, 2021 Mark Satterlee, Deputy County Administrator Page 259 of 427 BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT BID NO. 21-085 Guardrail Maintenance and Installation October 20.2021 @ 3:00 PM Florida Roadway Guardrail & Signs, Inc. Southeast Highway Guardrail and Attenuators, LLC Lake Park, FL West Palm Beach. FL ITEM NUMBER DFSCRIPTION MEASURE UNIT UNIT PRICE UNIT PRICE 101-1A MOBILIZATION - WORK ORDER TOTAL $0,00 - $S0,000 LS $100.00 $0.01 101-113 MOBILIZATION - WORK ORDER TOTAL $S0,001 - $100,000 LS $1,500.00 $0.01 101-1C M081LIZATION - WORK ORDER TOTAL $100,001 - $500,000 LS $2.500.00 $0.01 101-1D MOBILIZATION - WORK ORDER TOTAL OVER $500,000 LS $2,500.00 $0.01 101-IE JMOBILIZATION--EMERGENCY RESPONSE LS $25000 $1.00 102-1A STANDARD FOOT 600 SERIES MOT FOR LANE CLOSURE DA $600.00 $300.00 104-13-1 SILT FENCE TYPE Ill LF $5,50 $1,50 110-4-10 REMOVAL OF EXISTING CONCRETE SY $16.00 $50.00 110-7-1A MAILBOX (REMOVE & REPLACE) EA $150 00 $50.00 120-1 REGULAR EXCAVATION CY $7,50 $5.00 120-6 EMBANKMENT CY $8,00 $8.00 210-2 LIMEROCK OR EQUIVALENT (NEW MATERIAL FOR BASE) CY $16.00 $1,00 334-1-131A SUPERPAVE ASPHALTIC CONCRETE (TRAFFC C, SP 9.5), 1" SY $11.00 $10.00 334-1-134A SUPERPAVE ASPHALTIC CONCRETE (TRAFFIC C, SP 12.S), 2" SY $22.00 $20 00 570-1 PERFORMANCE TURF SY $3.00 $2.50 339-2 ASPHALTIC CONCRETE (COLD PATCHI TN $200.00 $200.00 570-9-1 WATER FOR GRASS & PLANTS MG $0.25 $2.50 577-70 SHOULDER REWORK SY $2.45 $3.00 110-2 CLEARING & GRUBBING (GUARDRAIL INSTALLATION) SY $5.50 $2.50 339-1 MISCELLANEOUS ASPHALTIC CONCRETE TN $210,00 $200,00 400-1-15 lCONCRETE CLASS I MISCELLANEOUS CY 1 $700,00 $150,00 515-1-242 PIPE HANDRAIL, ALUMINUM, 42" F&1 LF $65.00 $42.00 515-1-254 PIPE HANDRAIL, ALUMINUM, 54" F&i LF $78.00 $75.00 536-1-000 GUARDRAIL ASSEMBLY, W-BEAM. LOW SPEED, TL-2 LF $21,00 $17 00 536-1-001 GUARDRAIL ASSEMBLY, W-BEAM. GENERAL, TL-3 LF $29,00 $35.00 536-1-003 GUARDRAIL ASSEMBLY, W-BEAM, DOUBLE FACE (NEW) LF $39.50 $32 00 535-3-01S END ANCHORAGE ASSEMBLY TYPE II (REPLACE) IF & 1) EA $1,25&G0 $1,200,00 536-3-303 END ANCHORAGE ASSEMBLY CRT (REPLACE) (F&I) EA $2.000,CO $1.900,00 536-3-045 END ANCHORAGE ASSEMBLY MELT (REPLACE) (F&I) EA n/a $0.01 535-3-055 END ANCHORAGE ASSEMBLY ET-2000 (REPLACE) (F&I) EA n/a $0.01 536-3-065 END ANCHORAGE ASSEMBLY BRIDGE (REPLACE) (F&I) EA $3,000.00 $1,500,00 536-3-075 END ANCHORAGE ASSEMBLY BARRIER (REPLACE) (F&I) EA $3,000.00 $1,500.00 536-3-095 END ANCHORAGE ASSEMBLY BEST IREPLACE) {F&I) EA n/a $0.01 536-3-100 GUARDRAIL REALIGNMENT (REMOVE & REPLACE) LF $12.00 $8.00 536-3-125 END ANCHORAGE ASSEMBLY LET (REPLACE) (F&I) EA n/a $0.01 536-3-135 END ANCHORAGE ASSEMBLY SKT-350 (REPLACE) (F&I) EA $3,100.00 $1,500.00 536-3-141 GUARDRAIL, STANDARD PANEL (SHOP BENT) (REPLACE) (F&I) LF $17 00 $18.00 536-3-142 GUARDRAIL STANDARD PANEL (REPLACE) IF & 1) LF $15.00 $16 00 536-3-145 END ANCHORAGE ASSEMBLY CRT (REPLACE) (F&I) EA 52,000.00 $1.900.00 536-3-155 END ANCHORAGE ASSEMBLY REGENT (REPLACE) (F&I) EA n/a $0,01 536-3-165 END ANCHOR ASSEMBLY FLLAT-350 (REPLACE) (F&I) EA n!a $1,500.00 536-3-225 END ANCHORAGE ASSEMBLY FLARED (REPLACE) IF & 1) FA $3,100.00 $2,700.00 536-3-242 GUARDRAIL, THRIE BEAM PANEL (REPLACE) IF & 1) LF $25,00 $24.00 536-3-245 END ANCHORAGE ASSEMBLY PARALLEL (REPLACE) IF & 1) EA $3,100.00 $2,750.00 536-3-540 GUARDRAIL (PIPE RAIL) (REPLACE) LF $15,00 $16.00 536-3-642 GUARDRAIL DOUBLE FACE (REPLACE) LF $40,00 $1.00 536-5-001 RUB RAIL FOR GUARDRAIL, SINGLE SIDED RUB RAIL (F&I) LF $12,00 $1.00 Page 260 of 427 536-5-002 RUB RAIL FOR GUARDRAIL, DOUBLE SIDED RUB RAIL (F&I) LF $24.00 $1,00 536 7-1 SPECIAL GUARDRAIL POST- DEEP POST FOR SLOPE BREAK EA $90 00 $50.00 CONDITION- TIMBER OR STEEL (F&I) 536-7-2 SPECIAL GUARDRAIL POST- SPECIAL STEEL POST FOR EA $230.00 $175.00 CONCRETE STRUCTURE MOUNT (F&I) 536-7-3 SPECIAL GUARDRAIL POST- ENCASED POST FOR SHALLOW EA $95 00 $90.00 MOUNT (F&I) 536-7-4 SPECIAL GUARDRAIL POST- FRANGIBLE LEAVE -OUT FOR ( A $70 00 $55.00 MOUNTING THROUGH CONCRETE SURFACE (F&I) 536-12-604 GUARDRAIL REPAIRS (REPLACE) (STEEL POST IN CONC.) EA $95.00 $55.00 536-12-605 GUARDRAIL REPAIRS (REPLACE) (STEEL POST IN ASPH.) EA $80.00 $80.00 536-12-608 GUARDRAIL REPAIRS (REPLACE) (WOOD POST IN ASPH.) EA $80.00 $80.00 536-12-609 GUARDRAIL REPAIRS (REPLACE) (WOOD POST IN SOIL} EA $80.00 $80.00 536-15 MISCELLANEOUS GUARDRAIL MAINTENANCE LF $1.00 $0.50 536-65 END ANCHORAGE ASSEMBLY (REMOVE) EA $50.00 $0.01 536-73 GUARDRAIL ASSEMBLY (REMOVE} LF $2.50 $2.50 GUARDRAIL ENDTREATMENT- TRAILING ANCHORAGE (F&I) 536-85-20 EA $1,800.00 $1,500.00 (NEW} 536-85-24 GUARDRAIL END TREATMENT- PARALLEL APPROACH EA $3,100.00 $2,750.00 TERMINAL (F&I) (NEW) 536-85-26 GUARDRAIL END TREATMENT- TYPE CRT (F&I) (NEW) EA $2,100.00 $1,900.00 536-85-27 GUARDRAIL END TREATMENT- DOUBLE FACE APPROACH EA $12,000.00 $1.00 TERMINAL (F&I) (NEW) 536-85-29 GUARDRAIL END TREATMENT- DOUBLE FACE TRAILING EA 54,000.00 $1.00 ANCHORAGE (F&I) (NEW) 538-1 GUARDRAIL RESET LF 1 $1000 $9.00 NUMBER OF COMPANIES NOTIFIED: NUMBER OF BID DOCUMENTS DISTRIBUTED: NUMBER OF BIDS RECEIVED: Page 261 of 427 kc LUCE 0�J TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners 813. 2021-52648 CONSENT AGENDA -PUBLIC WORKS DATE: 11/16/2021 *ACTION ITEM - WORK AUTHORIZATION QUASI-JUDICIAL ITEM? No Christopher Lestrange, Road & Bridge Division Director Road & Bridge Division Award Work Authorization No. 01 to C21-07-653 with Consor Engineers, LLC for CEI Services for the Orange Avenue Resurfacing Project - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX. The purpose of Work Authorization No. 01 to C21-07-653 is for Construction Engineering and Inspection services (CEI) for the Orange Avenue resurfacing sales tax project (From Okeechobee / St. Lucie County Line to Graves Road). This includes assisting St. Lucie County with overseeing the construction of the improvements, performing all the inspections and investigations necessary to certify that the project was constructed in accordance to the contract and specifications. These services are not to exceed $93,140.00. N/A FINANCIAL IMPACT: Funds are available in account 319-4110-5462000-41013 (Orange Ave Resurfacing and Guardrail) RECOMMENDATION: Staff recommends awarding Work Authorization No. 01 to C21-07-653 with Consor Engineers for Construction Engineering and Inpection services for the Orange Avenue Resurfacing project and authorization for the chair to sign the work authorization as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None Page 262 of 427 NAYS: None EXCUSED: None Coordination/Signatures Date: November 01, 2021 Don West, Public Works Director 4�r� 4—�L Jennifer Hill, Office of Management & Budget Director wi, Daniel McIntyre, County Attorney Mark Satterlee, Deputy County Administrator Howard Tipton, County Administrator Date: November 01, 2021 Date: November 02, 2021 Date: November 08, 2021 Date: November 10, 2021 Page 263 of 427 WORK AUTHORIZATION NO. 01 CONTRACT C21-07-653 CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (CEI) THIS WORK AUTHORIZATION is made as of the day of , 2021, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County' and CONSOR ENGINEERS, LLC, hereinafter referred to as the "Consultant". W ITN ESSETH: WHEREAS, on July 8, 2021, the County entered into a Professional Engineering Services Agreement (Contract No. C21-07-653) hereinafter referred to as "Contract" with the Consultant to provide continuing professional construction engineering and inspection services (CEI); and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: Professional Construction, Engineering and Inspection Services for Orange Avenue Resurfacing from Graves Road to the Okeechobee County Line 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional stormwater management design and permitting services for the Project under the pricing, terms, and conditions of the continuing contract (C21-07-653). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule which is attached hereto and made a part of this work authorization and incorporated herein. 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be paid at the approved rate and will not exceed a total amount of $93,140.00 (ninety-three thousand one hundred forty and 00/100 dollars), as further detailed in Exhibit "B" Method of Compensation. 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 Page 1 of 3 Page 264 of 427 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. Any conflict between the terms and conditions of the Exhibit "A" and the terms and conditions of the Continuing Contract, shall be interpreted in favor of the Continuing Contract. 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 on or before May 30, 2022. 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 $100.00 (one hundred 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. 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 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 Page 2 of 3 Page 265 of 427 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 Work Authorization effective the date first written above. ATTEST: DEPUTY CLERK WITNESSES: (1) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY CONSOR ENGINEERS, LLC BY: (2) PRINT NAME: Page 3 of 3 Page 266 of 427 0 CONSOR EXHIBIT A SCOPE OF SERVICES DESCRIPTION OF THE WORK TO BE PERFORMED: Perform construction engineering and inspection services for the Orange Avenue Resurfacing project, as described in Section A. The firm will work to meet all goals and objectives established by St Lucie County in order to oversee the construction of the improvements. The firm will also perform all the inspections and investigations necessary to certify that the project was constructed in accordance to the plans and specifications. PURPOSE: This scope of services describes and defines the Construction Engineering and Inspection (CEI) services which are required for contract administration, inspection, for the construction project. SCOPE: Exercise independent professional judgment in performing obligations and responsibilities under this Agreement. Services provided by the Consultant shall comply with FDOT, County, Federal and State local regulations, manuals, procedures, and memorandums in effect as of the date of Notice to Proceed. LENGTH OF SERVICE: The services included in this scope shall be performed by May 1, 2022 REQUIREMENTS OF THE CONSULTANT: Pre -Construction Activities: • Conduct a preconstruction conference. Prepare and distribute a meeting agenda prior to the conference and minutes following the conference. • Review and Approve asphalt mix design(s) • Review and Approve Contractor's MOT Plan • Review and Approve Safety Edge System Construction Management: • Maintain the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract. Maintain complete, accurate records of all activities and events relating to the project and properly document all project changes. • Monitor the Contractor's on -site construction activities and inspect materials entering into the work in accordance with the specifications, and approved products for conformance. Maintain detailed accurate records of the Contractor's daily operations and of significant events that affect the work. • Monitor and inspect Contractor's Work Zone Traffic Control and review modifications to the Work Zone Traffic Control Plan, including Alternate Work Zone traffic Control Plan, in accordance with the FDOT procedures. ..................................................... CONSOR Engineers, LLC • 3549 SW Corporate Parkway, Palm City, Florida 34990 • www.consoreng.com Page 267 of 427 0 CONSOR • Analyze problems that arise on a project and proposals submitted by the Contractor; work to resolve such issues, and process the necessary paperwork. • Produce reports, verify quantity calculations and field measure for payment purposes as needed to prevent delays in Contractor operations and to facilitate prompt processing of such information in order for the County to make timely payment to the Contractor. • Review Contractor's Quality Control (QC) asphalt reports against CEI Verification Testing (VT) field reports to ensure spread rate tolerances for tack and asphalt are maintained. • Collect and scan asphalt delivery tickets or provide electronic asphalt production records if contractor uses asphalt e-tickets. • Conduct Weekly progress meetings and distribute minutes. • Prepare weekly progress update reports with timeline projections. • The County will provide Public Information. • Video tape the preconstruction conditions throughout the project limits and provide to the County. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas of real/ potential public controversy. Post -Construction Activities: • Verify final quantities, review final contractor pay application, and prepare recommendation for final payment. • Compile all final documentation and transmit files to the County. • Prepare certification of construction. Remainder of Page Intentionally left Blank ..................................................... CONSOR Engineers, LLC . 3549 SW Corporate Parkway, Palm City, Florida 34990 • www.consoreng.com Page 268 of 427 0 CONSOR EXHIBIT B METHOD OF COMPENSATION 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Consultant for the services described in Exhibit "A" (Scope of Services) and method by which payments will be made. 2.0 COMPENSATION For satisfactory completion of all services detailed in Exhibit 'A' (Scope of Services) of this proposal, the County will pay the Consultant a Total Maximum Limiting Amount not to exceed $93,140.00. It is agreed that this amount will be the limit of all compensation due the Consultant for completion of the services detailed in Exhibit 'A'. 2.1 Summary of Compensation The Total Maximum Limiting Amount will include the elements defined in the Contract Compensation Summary Table below: Pre -Construction Activities Hours per Total Total Rate per Position Week Weeks Hours Hour Total CEI Sr. Project Engineer 2 1 2 $190.00 $380.00 CEI Project Engineer/ Project Administrator 10 2 20 $150.00 $3,000.00 Senior Inspector 4 1 4 $100.00 $400.00 $3,780.00 Construction Management - 10 Weeks Hours per Total Total Rate per Position Week Weeks Hours Hour Total CEI Sr. Project Engineer 2 10 20 $190.00 $3,800.00 CEI Project Engineer/ Project Administrator 20 10 200 $150.00 $30,000.00 Senior Inspector 50 10 500 $100.00 $50,000.00 $83,800.00 Remainder of Page Intentionally left Blank ..................................................... CONSOR Engineers, LLC. 3549 SW Corporate Parkway, Palm City, Florida 34990. www.consoreng.com Page 269 of 427 0 CONSOR Post Construction Activities Hours per Total Total Rate per Position Week Weeks Hours Hour Total Sr. Project Engineer 2 2 4 $190.00 $760.00 Project Manager 16 2 32 $150.00 $4,800.00 $5,560.00 Total Fee $93,140.00 Remainder of Page Intentionally left Blank CONSOR Engineers, LLC. 3549 SW Corporate Parkway, Palm City, Florida 34990. www.consoreng.com Page 270 of 427 AGENDA REQUEST TO: Board of County Commissioners 814. 2021-52558 CONSENT AGENDA -PUBLIC WORKS DATE: 11/16/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No PRESENTED BY: Patrick Dayan, Public Works Assistant Director SUBMITTED BY: Public Works SUBJECT: Al Truss will be opting for a Fee in Lieu for Sidewalk along St Lucie Blvd, in the amount of $27,342.00 BACKGROUND: The applicant received Site Plan approval through the County on January 14, 2020. The project is located at 4451 St. Lucie Boulevard. Per section 7.05.04.A.1: All residential developments required to obtain site plan approval located within the Urban Service Boundary and all non-residential development above 6,000 square feet located within the unincorporated area of St. Lucie County and within the Urban Service Boundary are required to design and construct sidewalks within the right-of-way of all streets and roadways that abut or lie within the perimeter of the property. St. Lucie Boulevard is a County roadway, and the developer is required to construct concrete sidewalks with the right-of-way of all abutting streets. The applicant has requested that the sidewalk requirement be waived. Per Section 7.05.04.A.4.h, The Board of County Commissioners shall authorize total or partial relief from the requirements of sidewalk construction if it finds, after receiving the recommendation of the Development Review Committee and based on conditions peculiar to the proposed development, that the proposed sidewalk construction is not in the best interest of the County, the applicant shall pay a fee -in -lieu to the County for sidewalk and/or greenways and trails construction. If the fees are not used to design, acquire needed right-of-way or construct sidewalks within ten (10) years from the date of payment, the developer may request a refund. The applicant has provided a cost estimate for the Fee -in -Lieu of construction. The St. Lucie Boulevard sidewalk would be 6 feet wide by 667 linear feet and the Sapp Road sidewalk would be 6 feet wide by 310 linear feet. This would result in a total cost of $27,342.00. Please see the attached aerial map and cost estimate from the applicant's engineer for reference. PREVIOUS ACTION: Page 271 of 427 The applicant received Site Plan approval through the County on January 14, 2020. FINANCIAL IMPACT: The County would accept the funds in the amount of $27,342.00 and will place it into the County's sidewalk program, account #101-4115-324320-4906. RECOMMENDATION: Staff recommends Board approval of the fee -in -lieu of construction agreement with A-1 Roof Trusses, Ltd. Company, accept funds in the amount of $27,342.00 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: October 20, 2021 Patrick Dayan, Public Works Assistant Director Date: October 21, 2021 Jennifer Hill, Office of Management & Budget Director Date: October 22, 2021 Daniel McIntyre, County Attorney Date: October 22, 2021 Mark Satterlee, Deputy County Administrator Page 272 of 427 �• 11111116dIL". i eeuv Ip I I r' rat'. T �1 �A i Cd Ar DIS�fI A . Ov Ct F ,[I 6 l l " Ir1 9 +.. 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G� ++r Foil P��r�e'Nbrlh Gaogle Earth N KK a7�7l coo ie . . �L "kll ENGINEERS f SURVEYORS ENVIRONMENTAL Revised October 14, 2021 Grant Chambers St Lucie County Engineering Department 2300 Virginia Ave Room 229 Fort Piece, FI 34982-5652 Subject: A-1 Truss (SPMj-11201925641) - Sidewalk Fee in -lieu -of Dear Mr. Chambers The client has decided to proceed with paying the fee in -lieu -of for the sidewalk along Orange Avenue in association with the A-1 Truss project. Correspondence with St. Lucie County staff, places the accepted value of the sidewalk at $42-per-square yard for a six -foot -wide four inches thick sidewalk. The sidewalk along St. Lucie Blvd and Sapp Road would be approximately 977 feet long, respectively, resulting in a cost of $27,342. Sidewalk Conversion = 6 f t * (977 f t) yd2 9 ft2 =6ft*977f t*(yd2l \9 ft2/ 6S1 yd2 Sidewalk Cost = 6S1 yd2 * (yd $4212) = $27,342 David C. Baggett, P.E. Sr. Project Manager Florida PE No. 81375 ENGINEERING DESIGN & CONSTRUCTION, INC CIVIL ENGINEERS & SURVEYORS SPECIALIZING IN LAND DEVELOPMENT 10250 SW Village Parkway, Suite 201 Port St. Lucie, Florida 34987 (772)340-4990 Visit us at: www.edc-inc.com Page 274 of 427 AGREEMENT TO PAY FEE IN LIEU OF CONSTRUCTING CONCRETE SIDEWALKS THIS AGREEMENT is made and entered into this 101 day of 40%ru.at9. , 2021, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida ("County") and A-1 Roof Trusses, Ltd. Company, ("Developer"). WITNESSETH: WHEREAS, Developer intends to construct a project to be known as Al Truss Expansion (the "Development"); and WHEREAS, the Developer cannot construct concrete sidewalks at the project location due to site conditions. WHEREAS, the Developer agrees to pay to the County twenty seven thousand three hundred forty-two dollars ($27,342.00) as payment in lieu of constructing the required concrete sidewalks at the project location. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties covenant and agree as follows: Within fifteen (15) days from the date of this Agreement, the Developer shall deliver to the County funds in the amount of $27,342.00 (the "Funds"). The Funds delivered to the County shall be used for design and construction of sidewalks at locations as determined by the County. The Funds are nonrefundable. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -1- Page 275 of 427 Al TRUSS EXPANSION FEE -IN -LIEU OF SIDEWALKS CIIRIFrT- Al Truss Expansion — Payment In Lieu of Sidewalk Construction BACKGROUND: The applicant received Site Plan approval through the County on January 14, 2020. The project is located at 4451 St. Lucie Boulevard. Per section 7.05.04.A.1: All residential developments required to obtain site plan approval located within the Urban Service Boundary and all non-residential development above 6,000 square feet located within the unincorporated area of St. Lucie County and within the Urban Service Boundary are required to design and construct sidewalks within the right-of-way of all streets and roadways that abut or lie within the perimeter of the property. St. Lucie Boulevard is a County roadway, and the developer is required to construct concrete sidewalks with the right-of-way of all abutting streets. The applicant has requested that the sidewalk requirement be waived. Per Section 7.05.04.A.4.h, The Board of County Commissioners shall authorize total or partial relief from the requirements of sidewalk construction if it finds, after receiving the recommendation of the Development Review Committee and based on conditions peculiar to the proposed development, that the proposed sidewalk construction is not in the best interest of the County, the applicant shall pay a fee -in -lieu to the County for sidewalk and/or greenways and trails construction. If the fees are not used to design, acquire needed right-of-way or construct sidewalks within ten (10) years from the date of payment, the developer may request a refund. The applicant has provided a cost estimate for the Fee -in -Lieu of construction. The St. Lucie Boulevard sidewalk would be 6 feet wide by 667 linear feet and the Sapp Road sidewalk would be 6 feet wide by 310 linear feet. This would result in a total cost of $27,342.00. Please see attached aerial map and cost estimate from the applicant's engineer for reference. PREVIOUS ACTION: The applicant received Site Plan approval through the County on January 14, 2020. FINANCIAL IMPACT: The County would accept the funds in the amount of $27,342.00 and will place it into the County's sidewalk program, account #101-4115-324320-4906. RECOMMENDATION: Page 276 of 427 Staff recommends Board approval of the fee -in -lieu of construction agreement with A-1 Roof Trusses, Ltd. Company, accept funds in the amount of $27,342.00 and authorization for the Chair to sign documents as approved by the County Attorney. Page 277 of 427 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Caroline Valentin, Assistant County Attorney County Attorney 9.A.1. 2021-52540 PUBLIC HEARINGS -COUNTY ATTORNEY DATE: 11/16/2021 *ORDINANCE ITEM - BOARD ACCEPTANCE QUASI-JUDICIAL ITEM? No 2nd Public Hearing - Ordinance No. 21-039 Regarding Sidewalks in Residential Development With Lot Sizes of 2.5 Acres or Greater Attached is a draft ordinance which, if adopted, would provide an option for unpaved trails in lieu of paved sidewalks for those residential developments within the County's Urban Service Boundary that have lot sizes of 2.5 acres or greater. As part of this partial waiver of the sidewalk construction requirements, the Board of County Commissioners may impose conditions. The ordinance was drafted in response to Board discussion at a previous meeting. PREVIOUS ACTION: On October 5, 2021, the Board of County Commissioners authorized permission to advertise for a public hearing before the Planning and Zoning Commission to amend Section 7.05.04A, Sidewalks, to provide for a partial waiver for residential development with lot sizes of 2.5 acres or greater. On October 21, 2021, the Planning and Zoning Commission unanimously recommended approval of the proposed text amendment to the St. Lucie County Land Development Code with the conditions that a stabilized surface be required and that the width requirements of sidewalks as stated in the Code continue to apply. On November 2, 2021, the Board held the first public hearing concerning the draft ordinance and unanimously voted to authorize a second public hearing on November 16, 2021 for the proposed ordinance which incorporated the Planning and Zoning Commission's recommendations. FINANCIAL IMPACT: N/A RECOMMENDATION: This is the second of two public hearings. Staff recommends that the Board adopt the proposed ordinance. COMMISSION ACTION: Page 278 of 427 RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Caroline Valentin, Assistant County Attorney Don West, Public Works Director Daniel McIntyre, County Attorney Howard Tipton, County Administrator Coordination/Signatures Date: November 04, 2021 Date: November 04, 2021 Date: November 07, 2021 Date: November 08, 2021 Page 279 of 427 ORDINANCE No. 2021-039 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 7.05.04A — SIDEWALKS TO PROVIDE FOR A PARTIAL WAIVER FOR RESIDENTIAL DEVELOPMENT WITH LOT SIZES OF 2.5 ACRES OR GREATER; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (Board), based on the testimony and evidence, including but 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. 2. This Board is authorized by Section 125.01(1)(t), Florida Statutes, 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. 3. On October 21, 2021, the Planning and Zoning Commission held a Public Hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune on October 9, 2021. The Planning and Zoning Commission unanimously recommended to the Board of County Commissioners approval of the proposed text amendment to the St. Lucie County Land Development Code with conditions. 5. On November 2, 2021, 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 October 23, 2021. 6. On November 16, 2021, 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 November 6, 2021. 7. 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. Page 280 of 427 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. THE SPECIFIC AMENDMENT TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE ARE TO READ AS FOLLOWS: The specific amendments to the St. Lucie County Land Development Code to read as follows in str;keth,-o and underline format: 7.05.04. - Sidewalks and Bikeways. A. Sidewalks. 1. All residential developments required to obtain site plan approval located within the Urban Service Boundary and all non-residential development above 6,000 square feet located within the unincorporated area of St. Lucie County and within the Urban Service Boundary are required to design and construct sidewalks within the right-of-way of all streets and roadways that abut or lie within the perimeter of the property. Non- residential developments under 6,000 square feet and inside the Urban Service Boundary are generally presumed to be exempt from this sidewalk requirement particularly in areas not expected to generate pedestrian traffic. Exceptions to the presumed exemption include but are not necessarily limited to locations where connections can be made to existing sidewalks, or in locations on primary routes to schools or public transit. In any case, the design of proposed development should accommodate future sidewalk connection and future pedestrian traffic to and within the proposed development. 2. New sidewalks must be a minimum of six (6) feet side along streets classified as collectors and arterials. 3. Local street requirements are based upon local needs and existing conditions. Local streets shall have sidewalks five (5) feet wide along one (1) or both sides of the street as deemed necessary during the County's development review process. 4. All new sidewalks shall be constructed of concrete, brick pavers or other materials acceptable to St. Lucie County. All construction must conform to Florida Department of Transportation and/or St. Lucie County standards. a. All sidewalks on internal private roads shall connect with the sidewalks in the abutting public right-of-way. b. The County Engineer may authorize a modification in sidewalk width to protect existing trees or to accommodate existing utilities. In no case shall sidewalks be less than four (4) feet. Page 281 of 427 c. The Development Review Committee (DRC) as part of the site plan review process shall document any exemption of a development project from constructing specific sidewalk segments based on physical constraints such as proximity to drainage canals or structures where the construction of the particular sidewalk segment would result in a disproportionate burden on the development. d. Sidewalks shall be constructed around the perimeter of a cul-de-sac. e. All sidewalks and ramps shall conform to the latest requirements published in the most recent edition of the Americans With Disabilities Act (ADA) Accessibility Guidelines. f. The developer will bear the cost for design and construction of the sidewalk. Sidewalks on private property must be maintained by the developer, property owner's association or other entity as approved by St. Lucie County through the operation and maintenance covenants of the community, subdivision association or other recognized management entity. St. Lucie County shall maintain all sidewalks located within County maintained public rights -of -way unless otherwise agreed to through specific maintenance agreements. g. Multi -Use Paths (ten (10) to twelve (12) feet wide) may be required by the County in place of sidewalks when the multi -use path would be part of the adopted area - wide bicycle/pedestrian system or Greenways and Trails plan. h. The Board of County Commissioners shall authorize total or partial relief from the requirements of sidewalk construction if it finds, after receiving the recommendation of the Development Review Committee and based on conditions peculiar to the proposed development, that the proposed sidewalk construction is not in the best interest of the County. For those residential developments located within the County's Urban Service Boundary that propose lot sizes of 2.5 acres or greater, the Board may partially waive the sidewalk requirements along internal roads and allow those developments to construct unpaved sidewalks with a stabilized surface, as determined by the County Engineer, for use by pedestrians or horses along internal roads. The Board may impose conditions as part of the waiver. In all other cases, the applicant shall pay a fee -in -lieu to the County for sidewalk and/or greenways and trails construction. If the fees are not used to design, acquire needed right-of-way or construct sidewalks within ten (10) years from the date of payment, the developer may request a refund. PART 8. 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. Page 282 of 427 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. 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: Chris Dzadovsky, Chair XXX Sean Mitchell, Vice Chair XXX Linda Bartz, Commissioner XXX Frannie Hutchinson, Commissioner XXX Cathy Townsend, 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. Page 283 of 427 PASSED AND DULY ENACTED this day of , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Page 284 of 427 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Grant Chambers, Civil Engineer Planning & Development Services Muller Road —Toth Acres Road Paving Waiver 9.B.1. 2021-52657 PUBLIC HEARINGS -PLANNING & DEVELOPMENT SERVICES DATE: 11/16/2021 *RESOLUTION ITEM - WAIVER QUASI-JUDICIAL ITEM? No Daniel and Gessica Toth own 37.18 acres of land located along the south side of Muller Road. The applicant desires to subdivide the property into four (4) parcels. A proposed Minor Site Plan has been reviewed and deemed appropriate for continued processing toward final action and a corresponding plat for the subdivision into 4 parcels, ranging from 6 to 10 acres each. The plan proposed provides for individual access to each of the four (4) the lots from Muller Road. Muller Road is a county -owned and maintained, substandard roadway. The existing asphalt travel way is approximately 12 +/- FT wide with unimproved shoulders to support infrequent vehicular travel. This roadway width is insufficient for typical two-way travel. As a reference, County standards are a 11 FT wide travel lane in each direction of travel with 5 FT stabilized and/or paved shoulders. PREVIOUS ACTION: N/A FINANCIAL IMPACT: If the Paving Waiver is approved and the Proportionate Fair Share Contribution Waiver rejected, the County would accept the funds for the fair share of the improvements. The prorated fair share contribution for this site is $117,295.09. RECOMMENDATION: Staff recommends providing a waiver for the paving requirements and provision of fair share contribution conditioned upon a requirement that the current and future owners and their heirs/assigns agree to participate and shall be a "yes" vote in any lawfully established Municipal Service Taxing Unit (MSTU), Municipal Service Benefit Unit (MSBU) or other special assessment district created for the purpose of providing paving and/or drainage improvements to Muller Road that serve the subject property. Page 285 of 427 COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures 1 Date: November 08, 2021 Patrick Dayan, Public Works Assistant Director Date: November 08, 2021 Leslie Olson, Planning & Development Services Director Date: November 08, 2021 Daniel McIntyre, County Attorney Date: November 09, 2021 Mark Satterlee, Deputy County Administrator Page 286 of 427 L I •U L O R I I) A TO: Board of County Commissioners Public Works Department THROUGH: Patrick Dayan, PE, Assistant Public Works Director FROM: Grant Chambers, PE, Civil Engineer DATE: October 26, 2021 MEMORANDUM SUBJECT: Paving Waiver Request — Proposed Muller Road Subdivision 101 Nei 04 4TI a lel 0117 70V IFEN I Eller Agent of Red Tail Design Group Record: Tod Mowery, AICP 100 S. 2nd Street Fort Pierce, FL 34950 Property Daniel J. & Gessica Toth Owners: 11039 Muller Road Fort Pierce, FL 34945 Location: South side of Muller Road, approximately one -quarter mile east of Eleven Mile Road. Parcel Number: 2333-411-0000-000-1 Requested Road Paving Waiver request in accordance with Section 7.05.07(B)(2) Provisions for Action: Access to New Development. Background: Daniel and Gessica Toth own 37.18 acres of land located along the south side of Muller Road. The applicant desires to subdivide the property into four (4) parcels. A proposed Minor Site Plan has been reviewed and deemed appropriate for continued processing toward final action and a corresponding plat for the subdivision into 4 parcels, ranging from 6 to 10 acres each. The plan proposed provides for individual access to each of the four (4) the lots from Muller Road. Muller Road is a County owned and maintained, substandard roadway. The existing asphalt travel way is approximately 12 +/- FT wide with unimproved shoulders to support infrequent vehicular travel. This roadway width is insufficient for typical two-way travel. As a reference, County standards are a 11 FT wide travel lane in each direction of travel with 5 FT stabilized and/or paved shoulders. The existing right-of-way width along the site's frontage, 50 feet, does not meet the width as described in the County Land Development Code Right -of -Way standards (70 feet). A 20 foot Right -of -Way dedication is requested with the plat. Per the County's land development codes, projects on unimproved roadways seeking Site Plan approval are required to provide paved access to the project. The definition of paved access includes construction to County roadway standards, in other words, an improved roadway. 7.5.07.B.1. Access Roads. ST. LUCIE WORKS Page 287 of 427 Project Name: Toth Acres - Road Paving Waiver Request Page 2 of 2 Provisions for the paving of unpaved access roads that access the development shall be required as specified below under general requirements. The site is a small traffic generator on an unimproved County roadway. Per County codes (7.05.07.B.4 General Requirements), the applicant is required to pay a proportionate fair share amount for future paving, pave the access road, or seek a waiver from the Board of County Commissioners. The applicant has provided a prorated fair share cost analysis and is requesting a waiver for the paving and fair share cost contribution based on criteria listed in section 7.05.07.B.2 of the County's Land Development Code. If the Board does not waive the requirements and accepts a fair share contribution, the County must pave the road utilizing the funds within a 10-year period or the money is returned to the applicant at the end of the 10- year period. 7.05.07.B.2. Waiver. a. Paving requirements and provisions shall be waived by the Board of County Commissioners, following a public hearing, if the Board determines: (1) That the road paving is not essential to provide adequate access to the proposed development and through the surrounding area, or (2) That the road will be paved as part of the County's five-year road program or an approved municipal service taxing or benefit unit, or (3) That the access road does not have adequate right-of-way in which to construct the necessary paving improvements in accordance with County standards. This request falls under item number 1. Paving is not essential to provide adequate access. Muller Road is currently maintained in its existing condition for access to surrounding properties. At this time, the County does not have Muller Road in its 5-year road program for paving, and the existing right-of-way width is not sufficient in meeting the County standards. Previous Action: None. Public Notice. Staff provided public notice by publishing a Display Advertisement in the St. Lucie News Tribune on November 5, 2021 and provided mailed notice to twelve (12) owners of property within 500ft. of the petition site. Financial Impact: If the Paving Waiver is approved and the Proportionate Fair Share Contribution Waiver rejected, the County would accept the funds for the fair share of the improvements. The prorated fair share contribution for this site is $117,295.09. Recommendation: Staff has reviewed the request and recommends providing a conditional waiver for the paving requirements and provision of fair share contribution. Consistent with previous Board actions, staff recommends a condition that the current and future owners and their heirs/assigns agree to participate and shall be a "yes" vote in any lawfully established Municipal Service Taxing Unit (MSTU), Municipal Service Benefit Unit (MSBU) or other special assessment district created for the purpose of providing paving and/or drainage improvements to Muller Road that serve the subject property. ST. LUCIE WORKS Page 288 of 427 RESOLUTION NO. 2021-411 File No.: RPW-8202126134 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY REGARDING A WAIVER WITH CONDITIONS FROM THE REQUIREMENTS OF SECTION 7.05.07 OF THE LAND DEVELOPMENT CODE REQUIRING PAVED ACCESS TO NEW DEVELOPMENTS FOR A PROJECT KNOWN AS MULLER ROAD - TOTH ACRES 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. Tod Mowery, AICP of Retail Design Group, applied on behalf of Daniel J. & Gessica Toth, for a waiver request regarding the fair share contribution requirements for the proposed improvements located on the south side of Muller Road, approximately one -quarter mile east of Eleven Mile Road., Fort Pierce. The applicant desires to subdivide the property into four (4) parcels. The proposed site plan provides for multiple access points on Muller Road. The property legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. Staff has performed a detailed analysis of the project and determined it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Public Works Memorandum titled Paving Waiver Request — Muller Road — Toth Acres, dated October 26, 2021. 3. On November 16, 2021 the Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 7.05.07 of the St. Lucie County Land Development Code, the proposed paving waiver for the project known as MULLER ROAD - TOTH ACRES, is hereby approved, subject to the following condition: Page 1 1. The current and future owners and their heirs/assigns agree to participate and shall be a "yes" vote in any lawfully established Municipal Service Taxing Unit (MSTU), Municipal Service Benefit Unit (MSBU) or other special assessment district created for the purpose of providing paving and/or drainage improvements to Muller Road that serve the subject property. Resolution No. 2021-411 RPW-8202126134 Page 289 of 427 B. The property for which this paving waiver is granted approval is described as follows: Legal Description LEGAL DESCRIPTION: THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, EXCEPTING THEREFROM ALL RIGHTS OF WAY FOR PUBLIC ROADS AND DRAINAGE CANALS. SITUATE IN THE COUNTY OF SAINT LUCIE, STATE OF FLORIDA. CONTAINING: 1,621,229 SQUARE FEET OR 37.218 ACRES, MORE OR LESS. Location: South side of Muller Road, east of Eleven Mile Road, Fort Pierce, FL 34945 Parcel I D: 2333-411-0000-000-1 C. The developer is advised as part of this paving waiver action that the developer or any successor in interest shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part B. Issuance of this approval by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. D. The conditions set forth in Part A are an integral non -severable part of the paving waiver approval granted by this Order. If the condition set forth in Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the paving waiver approval granted by this Order shall become null and void. E. A copy of this Order shall be placed on file with the St. Lucie County Planning and Development Services Department and mailed to the developer and agent of record as identified on the paving waiver application. F. This Resolution shall be recorded in the Public Records. G. After motion and second, the vote on this resolution was as follows: Chris Dzadovsky, Chair XXX Sean Mitchell, Vice -Chair XXX Page 2 Resolution No. 2021-411 RPW-8202126134 Page 290 of 427 Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED This 16th day of November 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney Resolution No. 2021-411 Page 3 RPW-8202126134 Page 291 of 427 Exhibit A - nap$eRa --__117 O\,QBc p- l t � � I Subject o Parcel V y w � m Midway Rd I x �G, R' E S Resolution No. 2021-411 Page 4 RPW-8202126134 Page 292 of 427 Location fa F1a C Z 0 U Muller Road -Toth Acres N W _. E Ail S Page 293 of 427 CgUo NTYp A 7 Muller Road - Toth Acres, Road Paving Waiver Zoning =5 AG-2.5 AG-2.5 AG-5 AG-2.5 R/C SLC Zoning Codes: FP Zoning Codes: AG-5, Agricultural, 1 du/5 ac =I, Institutional AG 2.5, Agricultural, 1 du/2.5 ac N AG-2.5, Agricultural, 1 du/2.5 ac OR/C, Residential/Conservation, 1 du/5 ac PD, Planned Development 477 AG-1, Agricultural, 1 du/ac ®Subject Property City of Fort Pierce Page 296 of 427 l Muller Road - Toth Acres Future Land Use AG-2.5 AG-2.5 WC IR/C AG-2.5 Legend - FLU Codes: R/C P/F 0 AG'2.5 w w�P_RIC J w R AG'2:5 AG' 2.5 AG-2.5, Agricultural, 1 du/2.5 ac = P/F, Public Facilities = MXD, Mixed Use AG-2.5 R/C [.We] :AG, 2:5; AG-2.5 I III SD R/C, Residential/Conservation, 1 du/5 ac ®Subject Property SD, Special District EOCity of Fort Pierce N w.'�'i: Page 297 of 427 August 8, 2021 Bethany Grubbs I Planner Planning and Development Services, Planning Division Ph: 772-462-1687 12300 Virginia Ave. Fort Pierce 34982 RE: Paving Waiver for Muller Road — Toth Property Dear Bethany - jv IF�'IU ®TAIL• Via Email: planningapplication@stlucie.co.org Per our discussions and your email, attached is a copy of our Paving Waiver request and the associated analysis. Please le me know if you have any questions regarding this matter. Time is of the essence and it would be great to get this project closed out. Can you assist us getting that accomplished. We would really appreciate it. Sincerely, Thank you, TOG{ Tod Mowery, AICP President C: Daniel Toth Mark Walters, Broker E ®TAIL 100 S. 2nd Street Fort Pierce, FL 34950 Page 298 of 427 PAVING WAIVER AND FAIR SHARE ANALYSIS FOR MULLER ROAD - 4 lot split - Toth Parcel Parcel: 2333-411-0000-000-1 Prepared by: Tod Mowery, AICP Red Tail DG 100 North 2nd Street 34950 Fort Pierce Florida, United States (772)-742-1555 July 2021 Page 299 of 427 4\\� V�'R E DTA I L 1.0 Executive Summary & Recommendations The proposed minor site plan includes the subdivision of St. Lucie County parcel 2333-411-0000-000-1.This parcel fronts on Muller Road, a St. Lucie County right-of-way (ROW). Muller Road is currently a 50' wide roadway with asphalt paving. The St. Lucie County Code requires a subdivision to provide paved access, or in the case of a small traffic generator, provide a paving fair share (Section 7.05.07.B). This section also outlines the allowance for a Paving Waiver if the Board determines. Provisions for a Paving Waiver are outlined as follows- 1 . The road paving is not essential to provide adequate access to the proposed development through the surrounding area, or 2. That the road will be paved a part of the County's five-year road program or an approved municipal service taxing or benefit unit, or 3. That the access road does not have adequate right-of-way in which to construct the necessary paving improvements on accordance with County standards. The proposed 4 lot subdivision will result in minimal additional traffic generated as compared to the existing condition. The existing Muller Road right-of-way, though not currently at the county's full 70' standard improved roadway, is in sufficient condition to serve the rural low density residential nature of this area. Muller Road is not within the county's five-year program for constructing to an improved roadway status. Another item considered is the cost to construct the required improvements. The total required cost to improve Muller Road to the County's 70' ROW standard is estimated to be $1,024,666.45. The fair share for the parcels associated with this subdivision is as follows: Parcel 2333-411-0000-000-1 (Lot1) _ $ 26,311.96 Parcel 2333-411-0000-000-1 (Lot2) _ $ 30,270.83 Parcel 2333-411-0000-000-1 (Lot3) _ $ 30,270.83 Parcel 2333-411-0000-000-1 (Lot4) _ $ 30,441.47 TOTAL = $ 117,295.09 As such, we politely request approval of a Paving Waiver by the Board. The complete analyses and recommendations for a Paving Waiver under Section 7.05.07.B are provided in the remaining sections of this report. Paving waiver and fair share analysis for Muller road, July 2021 Page 2 Page 300 of 427 4\\� W�'R E DTA I L 2.0 Methodology This report provides the necessary demonstration for equitable means of distributing costs associated with improving Muller Road and thereby determining the fair share costs per parcel. The costs must be fairly distributed to all of those properties that would receive a benefit from the road improvements. Three methods of determining the fair share cost were used in the analysis. The first analysis is the road frontage method. This method estimates the total frontage of each parcel and then multiplies that number by a cost per linear foot for the road improvement. This method assumes only those properties with road frontage will receive a benefit. Any parcels that do not have frontage along Muller Road are not included in this analysis. The second analysis is the trip generation method, which is based upon zoning. The residential trip generation rate was found using the Trip Generation Manual 10th Ed. That rate is assumed at 9.44 trips per residential unit. The third analysis is the number of driveways method, which assigns a fair share based on the number of driveways allowed per lot. This analysis assumes that the County's Land Development Regulations would govern the number of driveways. It is assumed that only 1 driveway will be constructed for each lot that is set to be subdivided. Additionally, any unimproved lots are assumed to have only 1 driveway for future use. Paving waiver and fair share analysis for Muller road, July 2021 Page 3 Page 301 of 427 4\\� V�'R E DTA I L 3.0 Affected Properties Affected properties are those properties that would derive a benefit from improving Muller Road. This does not include any existing properties owned by St. Lucie County or the North St. Lucie River Water Control District (NSLRWCD). Attached as Exhibit A are plans that show the properties that would benefit from the construction of the roadway improvements. The following Table 1 outlines the subject parcels that would benefit from the roadway construction. Parcels that are excluded are: 2334-221-0001-000-8 2334-122-0015-000-5 2333-223-0005-000-9 since they belong to North St. Lucie River Water Control District (NSLRWCD), 2334-600-0002-000-8 Because it belongs to Creekside Community Development District (CCDD), and 2334-422-0000-000-8 Because it lays on the West and does not benefit from improving Muller Road. These parcels have been grayed out and have an asterisk next to them in the Table 1. Please note, the parcels associated with this subdivision are highlighted for reference. Paving waiver and fair share analysis for Muller road, July 2021 Page 4 Page 302 of 427 4\\� W�'R E DTA I L Parcel ID Address Owner Aerea (acres) Frontage (feet) NORTH 1 2333-133-0001-000-5 11298 Muller RD Richard D Wiles 2.86 385 2 2333-133-0002-000-2 11170 Muller RD David Lounds 2.22 206 3 2333-143-0001-000-6 10896 Muller RD John A Murphy 18.74 660 4 2333-143-0002-000-3 10840 Muller RD John Andrew Murphy 0.96 210 5 2333-113-0000-000-6 10780 Muller RD Travis E Murphy Jr 37.86 710 6 2333-144-0001-000-9 10530 Muller RD Carl R Haselgrove 1.79 200 7 33 `' 1-0001-000-8 * TBD NSLRW( .5 8 2334-232-0001-000-2 10300 Muller RD Richard C Vachon (TR) 7.00 221 9 2334-231-0001-000-9 TBD Russell S Grace 30.87 1053 10 1334-600-0002-000-8 * 11 2334-600-0003-000-5 Muller RD PFH Grove Holdings LLC 7.71 261 12 2334-600-0003-010-8 Muller RD PFH Grove Holdings LLC 7.71 263 13 2334-600-0005-000-9 9900 Muller RD Russell S Grace 3.01 175 14 2334-600-0006-000-6 9850 Muller RD Ricky M Bigler 3.01 175 15 2334-600-0004-000-2 9800 Muller RD Daniel J Baumker 6.06 60 16 2334-601-0003-000-8 9770 Muller RD Dianne W Merritt (TR) 3.90 60 17 2334-601-0002-000-1 9750 Muller RD Jack M Merritt 2.94 173 18 2334-214-0000-000-9 9700 Muller RD Sonja Lopresti 11.24 60 SOUTH 19 2334-311-0000-000-7 Muller RD Ronald L Every 28.60 623 20 2334-700-0004-000-9 10055 Mueller RD Christopher Monroe 2.50 171 21 2334-700-0003-000-2 10105 Muller RD Andrew Leonard 2.50 171 22 2334-700-0002-000-5 Muller RD Ivanleno Porto 3.00 206 23 2334-701-0004-000-2 10155 Muller RD Daniel Alfred Hernandez 35.90 113 24 2334-321-0001-000-5 10185 Muller RD Katherine H Huntress 1.03 180 25 2334-701-0002-000-8 10217 Muller RD Alyssa Quay 11.92 407 26 2334-701-0001-000-1 10327 Muller RD Chris Hargrave 11.92 407 27 2334-701-0003-000-5 10417 Muller RD Daniel Alfred Hernandez 35.89 161 28 2334-322-0003-000-2 10499 Muller RD Donna Moore 0.49 120 29 .,5J4-"IZZ-UU-1O-UUU-L I uL, IVJLI-Cvv�u 30 333-223-0005-000-S TBD NSLRWCD 31 2333-411-0000-000-1 (Lot1) Muller RD Daniel J Toth 6.77 230 32 2334-411-0000-000-1 (Lot2) Muller RD Daniel J Toth 10.00 346 33 2335-411-0000-000-1 (Lot3) Muller RD Daniel J Toth 10.00 346 34 2336-411-0000-000-1 (Lot4) Muller RD Daniel J Toth 10.00 351 35 2333-800-0007-000-4 11039 Muller RD Daniel Toth 2.56 177 36 2333-800-0006-000-7 11065 Muller RD Jeffrey Helms 2.56 177 37 2333-800-0005-000-0 11103 Muller RD Robert A Craig 2.56 177 38 No Info Available 177 39 2333-800-0003-000-6 11175 Muller RD Evelyn Walker 2.56 177 40 2333-800-0002-000-9 11213 Muller RD Dottie S Ates 2.56 177 41 2333-422-0000-000-5 11295 Muller RD Harven A Crouse 0.97 242 EAST 42 1-422-0000-000-8 * Not included in Fair Share Table 1. Affected parcels (37 Total) Paving waiver and fair share analysis for Muller road, July 2021 Page 5 Page 303 of 427 WREDTAiem L• 4.0 Construction Cost Estimate The following Table 2 provides a detailed cost estimate for improving Muller Road. The estimate is based on the County's standard road section, a copy of this cross section is attached as Exhibit B. The length of the roadway is assumed to be from the intersection of Muller Road and 11 Mile Road to the eastern end of Muller Road where the roadway ends. The length of the roadway is assumed to be 5,260 feet, of which none of the existing roadway is currently improved. The existing roadway will need to be milled in order to provide a more stable base and to widen the roadway to the county standard which includes 5-foot shoulders on each side. It is assumed that the existing sub grade under the milled road is adequate for construction. The additional subgrade is required for expanding the roadway which includes the shoulders. ITEM UNIT ESTIMATED QUANTITY UNIT PRICE CONTRACT Sitework Swale and Dry Detention (Cut) CY 3,506 $6.00 $21,036.00 Mill Existing Surface SY 7,013 $4.00 $28,052.00 Sodding SY 16,653 $3.00 $49,959.00 Construction Layout LS 1 $22,000.00 $22,000.00 Density Testing LS 1 $20,000.00 $20,000.00 MOT LS 1 $10,000.00 $10,000.00 Erosion Control LS 1 $5,000.00 $5,000.00 Drainage Storm Culvert, 15" Diameter LF 620 $30.00 $18,600.00 Roadway Striping and Signage LS 1 $10,000.00 $10,000.00 12" Stabilized Sub Grade** SY 11,689 $6.00 $70,134.00 1" SP-9.5 Asphalt (First Lift) SY 15,196 $9.00 $136,764.00 1-1/4" SP 9.5 Asphalt (Final Lift) SY 15,196 $10.00 $151,960.00 8" Base SY 15,444 $12.00 $185,328.00 Mobilization (10%) LS 1 $81,001.00 Does Not Include: SUB TOTAL $891,014.30 Engineering Costs 15% CONTINGENCY $133,652.15 Electrical TOTAL $1,024,666.45 **Existing subgrade under milled surface is assumed to be adequate Table 2. Cost Estimate Paving waiver and fair share analysis for Muller road, July 2021 Page 6 Page 304 of 427 4\\� W�'R E DTA I L 5.1 Frontage Analysis Each lot has a frontage based on data collected from the St Lucie County Property Appraiser's website. The total footage was divided by the total estimated cost for the roadway to determine a cost per linear foot. This cost, per linear foot, was then applied to each of the parcels that have frontage on Muller Road. The total frontage for all properties is 10,284 feet (both sides of Muller Road), thus the cost to construct the roadway is as follows: Total Cost of Roadway Improvements = $1,024,666.45 Total Frontage = 10,008 feet Cost per linear foot of frontage = $1,024,666.45 / 10,008 ft = $102.38 per ft The shared cost is the equitable distribution of construction costs based on the method of cost per linear foot per frontage on Muller Road. Since there are parcels on either side of the roadway, the total frontage is greater than the total length of the roadway. The following Table 3 outlines the frontage for each lot and its applied shared cost. Please note, the parcels associated with this subdivision are highlighted for reference. Please note that frontages are based on St Lucie County Property Appraiser boundary data and may not reflect actual frontages. A survey of each parcel is required to find the exact frontage for each lot. These frontages are used as a baseline to determine an estimated fair share equitable cost. Paving waiver and fair share analysis for Muller road, July 2021 Page 7 Page 305 of 427 4\\� W'J EDTAIL Parcel ID Frontage (feet) Shared Cost (USD) NORTH 1 2333-133-0001-000-5 385 39,418.12 2 2333-133-0002-000-2 206 21, 091.26 3 2333-143-0001-000-6 660 67, 573.93 4 2333-143-0002-000-3 210 21, 500.79 5 2333-113-0000-000-6 710 72,693.16 6 2333-144-0001-000-9 200 20,476.95 7 2334-221-0001-000-8 8 2334-232-0001-000-2 221 22,627.03 9 2334-231-0001-000-9 1053 107, 811.13 10 �34-600-0002-000-8 11 2334-600-0003-000-5 261 26, 722.42 12 2334-600-0003-010-8 263 26, 927.19 13 2334-600-0005-000-9 175 17, 917.33 14 2334-600-0006-000-6 175 17, 917.33 15 2334-600-0004-000-2 60 6,143.08 16 2334-601-0003-000-8 60 6,143.08 17 2334-601-0002-000-1 173 17, 712.56 18 2334-214-0000-000-9 601 6,143.08 SOUTH 19 2334-311-0000-000-7 623 63, 785.69 20 2334-700-0004-000-9 171 17, 507.79 21 2334-700-0003-000-2 171 17, 507.79 22 2334-700-0002-000-5 206 21, 091.26 23 2334-701-0004-000-2 113 11, 569.48 24 2334-321-0001-000-5 180 18,429.25 25 2334-701-0002-000-8 407 41, 670.59 26 2334-701-0001-000-1 407 41, 670.59 27 2334-701-0003-000-5 161 16,483.94 28 2334-322-0003-000-2 120 12,286.17 29 �, J4-I LL-UU I D-UUU-a 30 2333-223-0005-000-9 31 2333-411-0000-000-1 (Lot1) 230 23,548.49 32 2334411-0000-000-1 (Lot2) 346 35,425.12 33 2335-411-0000-000-1 (Lot3) 346 35,425.12 34 2336411-0000-000-1 (Lot4) 351 35,937.04 35 2333-800-0007-000-4 177 18,122.10 36 2333-800-0006-000-7 177 18,122.10 37 2333-800-0005-000-0 177 18,122.10 38 No Info Available 177 18,122.10 39 2333-800-0003-000-6 177 18,122.10 40 2333-800-0002-000-9 177 18,122.10 41 2333-422-0000-000-5 242 24, 777.11 EAST 42 2334-422-0000-000 Q I 1 0.00 * Not included in Fair Share Table 3. Cost of Muller Road Improvements Based on Frontage Paving waiver and fair share analysis for Muller road, July 2021 Page 8 Page 306 of 427 4\\� W�'R E DTA I L 5.2 Trip Generation Analysis The second method used in determining the fair share analysis, is the trip generation method. The total number of trips per residential unit is 9.44, which was determined using the Trip Generation Manual 10th Ed. Using this method, the shared cost is equal for each of the parcels identified in this report. Because all parcels are under the same zoning code, the number of trips per parcel is assumed to be equivalent. As such, the fair share cost using this method is equally divided amongst the lots for each parcel. The calculation is as follows: Total Cost of Roadway Improvements = $1,024,666.45 Total Parcels with Equivalent Trip Generation (including subdivision) = 37 Cost per trip generation analysis = $1,024,666.45 / 37 = $27,693.69 5.3 Driveway Analysis The third method used was the number of driveways per parcel. Since one parcel is set to be subdivided into 4 total lots, it is assumed that only 1 residential unit will occupy each lot yielding 1 driveway per lot. It is also assumed that each existing parcel will not be subdivided any further, which yields a total of 37 parcels that are analyzed using the number of driveways method. Using this method, the total cost of the roadway construction is the same as the trip generation analysis and divided by 37 parcels. The calculation is as follows: Total Cost of Roadway Improvements = $1,024,666.45 Total Driveway Connections (including subdivision) = 37 Cost per driveway analysis = $1,024,666.45 / 37 = $27,693.69 6.0 Summary The most reasonable equitable distribution of construction costs associated to the roadway improvements on Muller Road is averaging the fair share cost from each analysis listed in this report. The following Table 4 summarizes the fair share cost for each lot and averages the three methods. Paving waiver and fair share analysis for Muller road, July 2021 Page 9 Page 307 of 427 WRE DTA Iem L• Parcel ID Shared Cost (USD) Frontage Analysis Trip Generation Analysis Driveway Analysis AVERAGE COST NORTH 1 2333-133-0001-000-5 39, 418.12 27, 693.69 27, 693.69 31, 601.83 2 2333-133-0002-000-2 21, 091.26 27, 693.69 27, 693.69 25, 492.88 3 2333-143-0001-000-6 67, 573.93 27, 693.69 27, 693.69 40, 987.10 4 2333-143-0002-000-3 21, 500.79 27, 693.69 27, 693.69 25, 629.39 5 2333-113-0000-000-6 72, 693.16 27, 693.69 27, 693.69 42, 693.51 6 2333-144-0001-000-9 20, 476.95 27, 693.69 27, 693.69 25, 288.11 7 8 2334-232-0001-000-2 22, 627.03 27, 693.69 27, 693.69 26, 004.80 9 2334-231-0001-000-9 107, 811.13 27, 693.69 27, 693.69 54, 399.50 10 11 2334-600-0003-000-5 26, 722.42 27, 693.69 27, 693.69 27, 369.93 12 2334-600-0003-010-8 26, 927.19 27, 693.69 27, 693.69 27, 438.19 13 2334-600-0005-000-9 17, 917.33 27, 693.69 27, 693.69 24, 434.90 14 2334-600-0006-000-6 17, 917.33 27, 693.69 27, 693.69 24, 434.90 15 2334-600-0004-000-2 6,143.08 27, 693.69 27, 693.69 20, 510.15 16 2334-601-0003-000-8 6,143.08 27, 693.69 27, 693.69 20, 510.15 17 2334-601-0002-000-1 17, 712.56 27, 693.69 27, 693.69 24, 366.65 18 2334-214-0000-000-9 6,143.08 27, 693.69 27, 693.69 20, 510.15 SOUTH 19 2334-311-0000-000-7 63, 785.69 27, 693.69 27, 693.69 39, 724.36 20 2334-700-0004-000-9 17, 507.79 27, 693.69 27, 693.69 24, 298.39 21 2334-700-0003-000-2 17, 507.79 27, 693.69 27, 693.69 24, 298.39 22 2334-700-0002-000-5 21, 091.26 27, 693.69 27, 693.69 25, 492.88 23 2334-701-0004-000-2 11, 569.48 27, 693.69 27, 693.69 22, 318.95 24 2334-321-0001-000-5 18, 429.25 27, 693.69 27, 693.69 24, 605.54 25 2334-701-0002-000-8 41, 670.59 27, 693.69 27, 693.69 32, 352.66 26 2334-701-0001-000-1 41, 670.59 27, 693.69 27, 693.69 32, 352.66 27 2334-701-0003-000-5 16, 483.94 27, 693.69 27, 693.69 23, 957.11 28 2334-322-0003-000-2 12, 286.17 27, 693.69 27, 693.69 22, 557.85 29 30 31 2333-411-0000-000-1 (Lot1) 23,548.49 27,693.69 27,693.69 26,311.96 32 2334-411-0000-000-1 (Lot2) 35,425.12 27,693.69 27,693.69 30,270.83 33 2335-411-0000-000-1 (Lot3) 35,425.12 27,693.69 27,693.69 30,270.83 34 2336-411-0000-000-1 (Lot4) 35,937.04 27,693.69 27,693.69 30,441.47 35 2333-800-0007-000-4 18,122.10 27, 693.69 27, 693.69 24, 503.16 36 2333-800-0006-000-7 18,122.10 27, 693.69 27, 693.69 24, 503.16 37 2333-800-0005-000-0 18,122.10 27, 693.69 27, 693.69 24, 503.16 38 No Info Available 18,122.10 27,693.69 27,693.69 24,503.16 39 2333-800-0003-000-6 18,122.10 27, 693.69 27, 693.69 24, 503.16 40 2333-800-0002-000-9 18,122.101 27,693.691 27, 693.69 24, 503.16 41 2333-422-0000-000-5 24,777.111 27,693.691 27,693.691 26, 721.50 EAST 42 0.001 0.001 0.00 0.00 * Not included in Fair Share Table 4. Fair Share Analysis Summary Paving waiver and fair share analysis for Muller road, July 2021 Page 10 Page 308 of 427 4\\� V�'R E DTA I L 7.0 Recommendation The proposed subdivision of the associated parcels will result in minimal additional traffic generated as compared to the existing condition. The existing Muller Road right-of-way, though not currently at the county's full 70' standard improved roadway, is in sufficient condition to serve the rural low -density residential nature of this area. The road is currently paved with asphalt and supported with drainage via roadside swales that drain directly into the adjacent NSLRWCD Canal system. Muller Road is not within the county's five-year program for constructing to an improved roadway status. The total cost required cost to improve Muller Road to the County's 70' ROW standard is estimated to be $1,024,666.45. The fair share for the parcels associated with this subdivision is as follows: Parcel 2333-411-0000-000-1 (Lot1) _ $ 26,311.96 Parcel 2333-411-0000-000-1 (Lot2) _ $ 30,270.83 Parcel 2333-411-0000-000-1 (Lot3) _ $ 30,270.83 Parcel 2333-411-0000-000-1 (Lot4) _ $ 30,441.47 TOTAL = $ 117,295.09 In accordance with County code Section 7.05.07.B, we request this subdivision for approval of a Paving Waiver by the Board. Paving waiver and fair share analysis for Muller road, July 2021 Page 11 Page 309 of 427 EXHIBIT A Paving waiver and fair share analysis for Muller road, July 2021 Page 12 Page 310 of 427 *\ 4' RE DTA 1 L• �. �•y� �.,�.s; ti ti 41 40 39 38 37 s _ 36 s i :sue 3 35 x- 34 ,��� �• -ems 4 33 ' c 32 5 31 NIA �t •' t 29 ��: �.L_ .v 7 28 27 -, ,� 8 26,'r 25 - .. t 9 24 s.i ,•orb 23 10* 22 • .'i. 11 21 • , 12 1..7 13 14 19 15 16 . "-18 17 42 •��#�T•���r1 F - -i Paving waiver and fair share analysis for Muller road, July 2021 Page 13 Page 311 of 427 4\\� W�'R E DTA I L EXHIBIT B Paving waiver and fair share analysis for Muller road, July 2021 Page 14 Page 312 of 427 R, WREDTAIem L• 70' ROW ST LUCIE COUNTY TYPICAL ROAD SECTION )W Paving waiver and fair share analysis for Muller road, July 2021 Page 15 Page 313 of 427 PAVING WAIVER AND FAIR SHARE ANALYSIS FOR MULLER ROAD - 4 lot split - Toth Parcel Parcel: 2333-411-0000-000-1 Prepared by: Tod Mowery, AICP Red Tail DG 100 North 2nd Street 34950 Fort Pierce Florida, United States (772)-742-1555 July 2021 Page 314 of 427 4\\� V�'R E DTA I L 1.0 Executive Summary & Recommendations The proposed minor site plan includes the subdivision of St. Lucie County parcel 2333-411-0000-000-1.This parcel fronts on Muller Road, a St. Lucie County right-of-way (ROW). Muller Road is currently a 50' wide roadway with asphalt paving. The St. Lucie County Code requires a subdivision to provide paved access, or in the case of a small traffic generator, provide a paving fair share (Section 7.05.07.B). This section also outlines the allowance for a Paving Waiver if the Board determines. Provisions for a Paving Waiver are outlined as follows- 1 . The road paving is not essential to provide adequate access to the proposed development through the surrounding area, or 2. That the road will be paved a part of the County's five-year road program or an approved municipal service taxing or benefit unit, or 3. That the access road does not have adequate right-of-way in which to construct the necessary paving improvements on accordance with County standards. The proposed 4 lot subdivision will result in minimal additional traffic generated as compared to the existing condition. The existing Muller Road right-of-way, though not currently at the county's full 70' standard improved roadway, is in sufficient condition to serve the rural low density residential nature of this area. Muller Road is not within the county's five-year program for constructing to an improved roadway status. Another item considered is the cost to construct the required improvements. The total required cost to improve Muller Road to the County's 70' ROW standard is estimated to be $1,024,666.45. The fair share for the parcels associated with this subdivision is as follows: Parcel 2333-411-0000-000-1 (Lot1) = $ 26,311.96 Parcel 2333-411-0000-000-1 (Lot2) = $ 30,270.83 Parcel 2333-411-0000-000-1 (Lot3) = $ 30,270.83 Parcel 2333-411-0000-000-1 (Lot4) = $ 30,441.47 TOTAL = $ 117,295.09 As such, we politely request approval of a Paving Waiver by the Board. The complete analyses and recommendations for a Paving Waiver under Section 7.05.07.B are provided in the remaining sections of this report. Paving waiver and fair share analysis for Muller road, July 2021 Page 2 Page 315 of 427 4\\� W�'R E DTA I L 2.0 Methodology This report provides the necessary demonstration for equitable means of distributing costs associated with improving Muller Road and thereby determining the fair share costs per parcel. The costs must be fairly distributed to all of those properties that would receive a benefit from the road improvements. Three methods of determining the fair share cost were used in the analysis. The first analysis is the road frontage method. This method estimates the total frontage of each parcel and then multiplies that number by a cost per linear foot for the road improvement. This method assumes only those properties with road frontage will receive a benefit. Any parcels that do not have frontage along Muller Road are not included in this analysis. The second analysis is the trip generation method, which is based upon zoning. The residential trip generation rate was found using the Trip Generation Manual 10th Ed. That rate is assumed at 9.44 trips per residential unit. The third analysis is the number of driveways method, which assigns a fair share based on the number of driveways allowed per lot. This analysis assumes that the County's Land Development Regulations would govern the number of driveways. It is assumed that only 1 driveway will be constructed for each lot that is set to be subdivided. Additionally, any unimproved lots are assumed to have only 1 driveway for future use. Paving waiver and fair share analysis for Muller road, July 2021 Page 3 Page 316 of 427 4\\� V�'R E DTA I L 3.0 Affected Properties Affected properties are those properties that would derive a benefit from improving Muller Road. This does not include any existing properties owned by St. Lucie County or the North St. Lucie River Water Control District (NSLRWCD). Attached as Exhibit A are plans that show the properties that would benefit from the construction of the roadway improvements. The following Table 1 outlines the subject parcels that would benefit from the roadway construction. Parcels that are excluded are: 2334-221-0001-000-8 2334-122-0015-000-5 2333-223-0005-000-9 since they belong to North St. Lucie River Water Control District (NSLRWCD), 2334-600-0002-000-8 Because it belongs to Creekside Community Development District (CCDD), and 2334-422-0000-000-8 Because it lays on the West and does not benefit from improving Muller Road. These parcels have been grayed out and have an asterisk next to them in the Table 1. Please note, the parcels associated with this subdivision are highlighted for reference. Paving waiver and fair share analysis for Muller road, July 2021 Page 4 Page 317 of 427 4\\� W�'R E DTA I L Parcel ID Address Owner Aerea (acres) Frontage (feet) NORTH 1 2333-133-0001-000-5 11298 Muller RD Richard D Wiles 2.86 385 2 2333-133-0002-000-2 11170 Muller RD David Lounds 2.22 206 3 2333-143-0001-000-6 10896 Muller RD John A Murphy 18.74 660 4 2333-143-0002-000-3 10840 Muller RD John Andrew Murphy 0.96 210 5 2333-113-0000-000-6 10780 Muller RD Travis E Murphy Jr 37.86 710 6 2333-144-0001-000-9 10530 Muller RD Carl R Haselgrove 1.79 200 7 33 `' 1-0001-000-8 * TBD NSLRW( .5 8 2334-232-0001-000-2 10300 Muller RD Richard C Vachon (TR) 7.00 221 9 2334-231-0001-000-9 TBD Russell S Grace 30.87 1053 10 1334-600-0002-000-8 * 11 2334-600-0003-000-5 Muller RD PFH Grove Holdings LLC 7.71 261 12 2334-600-0003-010-8 Muller RD PFH Grove Holdings LLC 7.71 263 13 2334-600-0005-000-9 9900 Muller RD Russell S Grace 3.01 175 14 2334-600-0006-000-6 9850 Muller RD Ricky M Bigler 3.01 175 15 2334-600-0004-000-2 9800 Muller RD Daniel J Baumker 6.06 60 16 2334-601-0003-000-8 9770 Muller RD Dianne W Merritt (TR) 3.90 60 17 2334-601-0002-000-1 9750 Muller RD Jack M Merritt 2.94 173 18 2334-214-0000-000-9 9700 Muller RD Sonja Lopresti 11.24 60 SOUTH 19 2334-311-0000-000-7 Muller RD Ronald L Every 28.60 623 20 2334-700-0004-000-9 10055 Mueller RD Christopher Monroe 2.50 171 21 2334-700-0003-000-2 10105 Muller RD Andrew Leonard 2.50 171 22 2334-700-0002-000-5 Muller RD Ivanleno Porto 3.00 206 23 2334-701-0004-000-2 10155 Muller RD Daniel Alfred Hernandez 35.90 113 24 2334-321-0001-000-5 10185 Muller RD Katherine H Huntress 1.03 180 25 2334-701-0002-000-8 10217 Muller RD Alyssa Quay 11.92 407 26 2334-701-0001-000-1 10327 Muller RD Chris Hargrave 11.92 407 27 2334-701-0003-000-5 10417 Muller RD Daniel Alfred Hernandez 35.89 161 28 2334-322-0003-000-2 10499 Muller RD Donna Moore 0.49 120 29 .,5J4-"IZZ-UU-1O-UUU-L I uL, IVJLI-Cvv�u 30 333-223-0005-000-S TBD NSLRWCD 31 2333-411-0000-000-1 (Lot1) Muller RD Daniel J Toth 6.77 230 32 2334-411-0000-000-1 (Lot2) Muller RD Daniel J Toth 10.00 346 33 2335-411-0000-000-1 (Lot3) Muller RD Daniel J Toth 10.00 346 34 2336-411-0000-000-1 (Lot4) Muller RD Daniel J Toth 10.00 351 35 2333-800-0007-000-4 11039 Muller RD Daniel Toth 2.56 177 36 2333-800-0006-000-7 11065 Muller RD Jeffrey Helms 2.56 177 37 2333-800-0005-000-0 11103 Muller RD Robert A Craig 2.56 177 38 No Info Available 177 39 2333-800-0003-000-6 11175 Muller RD Evelyn Walker 2.56 177 40 2333-800-0002-000-9 11213 Muller RD Dottie S Ates 2.56 177 41 2333-422-0000-000-5 11295 Muller RD Harven A Crouse 0.97 242 EAST 42 1-422-0000-000-8 * Not included in Fair Share Table 1. Affected parcels (37 Total) Paving waiver and fair share analysis for Muller road, July 2021 Page 5 Page 318 of 427 WREDTAiem L• 4.0 Construction Cost Estimate The following Table 2 provides a detailed cost estimate for improving Muller Road. The estimate is based on the County's standard road section, a copy of this cross section is attached as Exhibit B. The length of the roadway is assumed to be from the intersection of Muller Road and 11 Mile Road to the eastern end of Muller Road where the roadway ends. The length of the roadway is assumed to be 5,260 feet, of which none of the existing roadway is currently improved. The existing roadway will need to be milled in order to provide a more stable base and to widen the roadway to the county standard which includes 5-foot shoulders on each side. It is assumed that the existing sub grade under the milled road is adequate for construction. The additional subgrade is required for expanding the roadway which includes the shoulders. ITEM UNIT ESTIMATED QUANTITY UNIT PRICE CONTRACT Sitework Swale and Dry Detention (Cut) CY 3,506 $6.00 $21,036.00 Mill Existing Surface SY 7,013 $4.00 $28,052.00 Sodding SY 16,653 $3.00 $49,959.00 Construction Layout LS 1 $22,000.00 $22,000.00 Density Testing LS 1 $20,000.00 $20,000.00 MOT LS 1 $10,000.00 $10,000.00 Erosion Control LS 1 $5,000.00 $5,000.00 Drainage Storm Culvert, 15" Diameter LF 620 $30.00 $18,600.00 Roadway Striping and Signage LS 1 $10,000.00 $10,000.00 12" Stabilized Sub Grade** SY 11,689 $6.00 $70,134.00 1" SP-9.5 Asphalt (First Lift) SY 15,196 $9.00 $136,764.00 1-1/4" SP 9.5 Asphalt (Final Lift) SY 15,196 $10.00 $151,960.00 8" Base SY 15,444 $12.00 $185,328.00 Mobilization (10%) LS 1 $81,001.00 Does Not Include: SUB TOTAL $891,014.30 Engineering Costs 15% CONTINGENCY $133,652.15 Electrical TOTAL $1,024,666.45 **Existing subgrade under milled surface is assumed to be adequate Table 2. Cost Estimate Paving waiver and fair share analysis for Muller road, July 2021 Page 6 Page 319 of 427 4\\� W�'R E DTA I L 5.1 Frontage Analysis Each lot has a frontage based on data collected from the St Lucie County Property Appraiser's website. The total footage was divided by the total estimated cost for the roadway to determine a cost per linear foot. This cost, per linear foot, was then applied to each of the parcels that have frontage on Muller Road. The total frontage for all properties is 10,284 feet (both sides of Muller Road), thus the cost to construct the roadway is as follows: Total Cost of Roadway Improvements = $1,024,666.45 Total Frontage = 10,008 feet Cost per linear foot of frontage = $1,024,666.45 / 10,008 ft = $102.38 per ft The shared cost is the equitable distribution of construction costs based on the method of cost per linear foot per frontage on Muller Road. Since there are parcels on either side of the roadway, the total frontage is greater than the total length of the roadway. The following Table 3 outlines the frontage for each lot and its applied shared cost. Please note, the parcels associated with this subdivision are highlighted for reference. Please note that frontages are based on St Lucie County Property Appraiser boundary data and may not reflect actual frontages. A survey of each parcel is required to find the exact frontage for each lot. These frontages are used as a baseline to determine an estimated fair share equitable cost. Paving waiver and fair share analysis for Muller road, July 2021 Page 7 Page 320 of 427 Parcel ID Frontage (feet) Shared Cost (USD) NORTH 1 2333-133-0001-000-5 385 39,418.12 2 2333-133-0002-000-2 206 21, 091.26 3 2333-143-0001-000-6 660 67, 573.93 4 2333-143-0002-000-3 210 21, 500.79 5 2333-113-0000-000-6 710 72,693.16 6 2333-144-0001-000-9 200 20,476.95 7 2334-221-0001-000-8 8 2334-232-0001-000-2 221 22,627.03 9 2334-231-0001-000-9 1053 107, 811.13 10 �34-600-0002-000-8 11 2334-600-0003-000-5 261 26, 722.42 12 2334-600-0003-010-8 263 26, 927.19 13 2334-600-0005-000-9 175 17, 917.33 14 2334-600-0006-000-6 175 17, 917.33 15 2334-600-0004-000-2 60 6,143.08 16 2334-601-0003-000-8 60 6,143.08 17 2334-601-0002-000-1 173 17, 712.56 18 2334-214-0000-000-9 60 6,143.08 SOUTH 19 2334-311-0000-000-7 623 63, 785.69 20 2334-700-0004-000-9 171 17, 507.79 21 2334-700-0003-000-2 171 17, 507.79 22 2334-700-0002-000-5 206 21, 091.26 23 2334-701-0004-000-2 113 11, 569.48 24 2334-321-0001-000-5 180 18,429.25 25 2334-701-0002-000-8 407 41, 670.59 26 2334-701-0001-000-1 407 41, 670.59 27 2334-701-0003-000-5 161 16,483.94 28 2334-322-0003-000-2 120 12,286.17 29 �, J4-I LL-UU I D-UUU-a 30 2333-223-0005-000-9 31 2333-411-0000-000-1 (Lot1) 230 23,548.49 32 2334411-0000-000-1 (Lot2) 346 35,425.12 33 2335-411-0000-000-1 (Lot3) 346 35,425.12 34 2336411-0000-000-1 (Lot4) 351 35,937.04 35 2333-800-0007-000-4 177 18,122.10 36 2333-800-0006-000-7 177 18,122.10 37 2333-800-0005-000-0 177 18,122.10 38 No Info Available 177 18,122.10 39 2333-800-0003-000-6 177 18,122.10 40 2333-800-0002-000-9 177 18,122.10 41 2333-422-0000-000-5 242 24, 777.11 EAST 42 2334-422-0000-000-R 1 0.00 * Not included in Fair Share Table 3. Cost of Muller Road Improvements Based on Frontage Paving waiver and fair share analysis for Muller road, July 2021 Page 8 Page 321 of 427 4\\� W�'R E DTA I L 5.2 Trip Generation Analysis The second method used in determining the fair share analysis, is the trip generation method. The total number of trips per residential unit is 9.44, which was determined using the Trip Generation Manual 10th Ed. Using this method, the shared cost is equal for each of the parcels identified in this report. Because all parcels are under the same zoning code, the number of trips per parcel is assumed to be equivalent. As such, the fair share cost using this method is equally divided amongst the lots for each parcel. The calculation is as follows: Total Cost of Roadway Improvements = $1,024,666.45 Total Parcels with Equivalent Trip Generation (including subdivision) = 37 Cost per trip generation analysis = $1,024,666.45 / 37 = $27,693.69 5.3 Driveway Analysis The third method used was the number of driveways per parcel. Since one parcel is set to be subdivided into 4 total lots, it is assumed that only 1 residential unit will occupy each lot yielding 1 driveway per lot. It is also assumed that each existing parcel will not be subdivided any further, which yields a total of 37 parcels that are analyzed using the number of driveways method. Using this method, the total cost of the roadway construction is the same as the trip generation analysis and divided by 37 parcels. The calculation is as follows: Total Cost of Roadway Improvements = $1,024,666.45 Total Driveway Connections (including subdivision) = 37 Cost per driveway analysis = $1,024,666.45 / 37 = $27,693.69 6.0 Summary The most reasonable equitable distribution of construction costs associated to the roadway improvements on Muller Road is averaging the fair share cost from each analysis listed in this report. The following Table 4 summarizes the fair share cost for each lot and averages the three methods. Paving waiver and fair share analysis for Muller road, July 2021 Page 9 Page 322 of 427 WRE DTA Iem L• Parcel ID Shared Cost (USD) Frontage Analysis Trip Generation Analysis Driveway Analysis AVERAGE COST NORTH 1 2333-133-0001-000-5 39, 418.12 27, 693.69 27, 693.69 31, 601.83 2 2333-133-0002-000-2 21, 091.26 27, 693.69 27, 693.69 25, 492.88 3 2333-143-0001-000-6 67, 573.93 27, 693.69 27, 693.69 40, 987.10 4 2333-143-0002-000-3 21, 500.79 27, 693.69 27, 693.69 25, 629.39 5 2333-113-0000-000-6 72, 693.16 27, 693.69 27, 693.69 42, 693.51 6 2333-144-0001-000-9 20, 476.95 27, 693.69 27, 693.69 25, 288.11 7 8 2334-232-0001-000-2 22, 627.03 27, 693.69 27, 693.69 26, 004.80 9 2334-231-0001-000-9 107, 811.13 27, 693.69 27, 693.69 54, 399.50 10 11 2334-600-0003-000-5 26, 722.42 27, 693.69 27, 693.69 27, 369.93 12 2334-600-0003-010-8 26, 927.19 27, 693.69 27, 693.69 27, 438.19 13 2334-600-0005-000-9 17, 917.33 27, 693.69 27, 693.69 24, 434.90 14 2334-600-0006-000-6 17, 917.33 27, 693.69 27, 693.69 24, 434.90 15 2334-600-0004-000-2 6,143.08 27, 693.69 27, 693.69 20, 510.15 16 2334-601-0003-000-8 6,143.08 27, 693.69 27, 693.69 20, 510.15 17 2334-601-0002-000-1 17, 712.56 27, 693.69 27, 693.69 24, 366.65 18 2334-214-0000-000-9 6,143.08 27, 693.69 27, 693.69 20, 510.15 SOUTH 19 2334-311-0000-000-7 63, 785.69 27, 693.69 27, 693.69 39, 724.36 20 2334-700-0004-000-9 17, 507.79 27, 693.69 27, 693.69 24, 298.39 21 2334-700-0003-000-2 17, 507.79 27, 693.69 27, 693.69 24, 298.39 22 2334-700-0002-000-5 21, 091.26 27, 693.69 27, 693.69 25, 492.88 23 2334-701-0004-000-2 11, 569.48 27, 693.69 27, 693.69 22, 318.95 24 2334-321-0001-000-5 18, 429.25 27, 693.69 27, 693.69 24, 605.54 25 2334-701-0002-000-8 41, 670.59 27, 693.69 27, 693.69 32, 352.66 26 2334-701-0001-000-1 41, 670.59 27, 693.69 27, 693.69 32, 352.66 27 2334-701-0003-000-5 16, 483.94 27, 693.69 27, 693.69 23, 957.11 28 2334-322-0003-000-2 12, 286.17 27, 693.69 27, 693.69 22, 557.85 29 30 31 2333-411-0000-000-1 (Lot1) 23,548.49 27,693.69 27,693.69 26,311.96 32 2334-411-0000-000-1 (Lot2) 35,425.12 27,693.69 27,693.69 30,270.83 33 2335-411-0000-000-1 (Lot3) 35,425.12 27,693.69 27,693.69 30,270.83 34 2336-411-0000-000-1 (Lot4) 35,937.04 27,693.69 27,693.69 30,441.47 35 2333-800-0007-000-4 18,122.10 27, 693.69 27, 693.69 24, 503.16 36 2333-800-0006-000-7 18,122.10 27, 693.69 27, 693.69 24, 503.16 37 2333-800-0005-000-0 18,122.10 27, 693.69 27, 693.69 24, 503.16 38 No Info Available 18,122.10 27,693.69 27,693.69 24,503.16 39 2333-800-0003-000-6 18,122.10 27, 693.69 27, 693.69 24, 503.16 40 2333-800-0002-000-9 18,122.101 27,693.691 27, 693.69 24, 503.16 41 2333-422-0000-000-5 24,777.111 27,693.691 27,693.691 26, 721.50 EAST 42 0.001 0.001 0.00 0.00 * Not included in Fair Share Table 4. Fair Share Analysis Summary Paving waiver and fair share analysis for Muller road, July 2021 Page 10 Page 323 of 427 4\\� V�'R E DTA I L 7.0 Recommendation The proposed subdivision of the associated parcels will result in minimal additional traffic generated as compared to the existing condition. The existing Muller Road right-of-way, though not currently at the county's full 70' standard improved roadway, is in sufficient condition to serve the rural low -density residential nature of this area. The road is currently paved with asphalt and supported with drainage via roadside swales that drain directly into the adjacent NSLRWCD Canal system. Muller Road is not within the county's five-year program for constructing to an improved roadway status. The total cost required cost to improve Muller Road to the County's 70' ROW standard is estimated to be $1,024,666.45. The fair share for the parcels associated with this subdivision is as follows: Parcel 2333-411-0000-000-1 (Lot1) = $ 26,311.96 Parcel 2333-411-0000-000-1 (Lot2) = $ 30,270.83 Parcel 2333-411-0000-000-1 (Lot3) = $ 30,270.83 Parcel 2333-411-0000-000-1 (Lot4) = $ 30,441.47 TOTAL = $ 117,295.09 In accordance with County code Section 7.05.07.B, we request this subdivision for approval of a Paving Waiver by the Board. Paving waiver and fair share analysis for Muller road, July 2021 Page 11 Page 324 of 427 EXHIBIT A Paving waiver and fair share analysis for Muller road, July 2021 Page 12 Page 325 of 427 RE DTA I L• 41 � 40 1 39 - 2 38 7- _ 37 IL 36 ,. _ I "K� 3 35 '' •,L +� 34 AW 4 33 32 I< 5 31 30 - 29 7 28 8 27 r 26 9 25 - .. 24 23 10* 22 - 11 A i 21 12 20 SL 13 14 19 15 16 17 ;• 18 .. 42 Paving waiver and fair share analysis for Muller road, July 2021 Page 13 Page 326 of 427 4\\� W�'R E DTA I L EXHIBIT B Paving waiver and fair share analysis for Muller road, July 2021 Page 14 Page 327 of 427 R, WREDTAIem L• 70' ROW ST LUCIE COUNTY TYPICAL ROAD SECTION )W Paving waiver and fair share analysis for Muller road, July 2021 Page 15 Page 328 of 427 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA November 16, 2021 NOTICE OF PROPOSED WAIVER FROM THE PAVING REQUIREMENT & FAIR -SHARE CONTRIBUTION PURSUANTTO SECTION 7.05.07 OFTHE LAND DEVELOPMENT CODE The St. Lucie County Board of County Commissioners proposes to consider adoption of the following, by Resolution: RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY REGARDING A WAIVER WITH CONDITIONS FROM THE REQUIREMENTS OF SECTION 7.05.07 OF THE LAND DEVELOPMENT CODE REQUIRING PAVED ACCESS TO NEW DEVELOPMENTS FOR A PROJECT KNOWN AS MULLER ROAD - TOTH ACRES APPLICANT(S)/PROPERTY OWNER(S): Daniel J. & Gessica Toth REPRESENTATIVE: Tod Mowery, AICP LOCATION: South side of Muller Road, approximately one -quarter mile east of Eleven Mile Road. PARCEL I.D. No.: 2333-411 -0000-000-1 PURPOSE: Waiver from the paving requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the access road, Muller Road. Daniel and Gessica Toth own 37.18 acres of land located along the south side of Muller Road. The applicant desires to subdivide the property into four (4) parcels. A proposed site plan has been reviewed and has been deemed appropriate for continued processing towards a plat for the subdivision into 4 parcels, ranging from 6 to 10 acres each. The plan proposed provides for individual access to each of the four (4) the lots from Muller Road. 6 hj Ii Pc roil. The Board of County Commissioners Public Hearing to consider this item will be held in the in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County on Tuesday, November 16, 2021, beginning at 9:00 am or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Comments must be submitted by noon the day prior to the meeting to the Planning and Development Services Department. Comments will be distributed to the Commission in advance of the meeting and included in the record provided the comments comply with the County's rules. The petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require additional information. The St. Lucie County Commissioners have the power to review and approve or disapprove, any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record 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 accommodation to attend this meeting should contact the St. Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. BOARD OF COUNTY COMMISSIONERS/ ST LUCIE COUNTY, FLORIDA /S/ CHRIS DZADOVSKY, CHAIR Page 329 of 427 PUBLISH DATE: Friday, November 5, 202 TR-GC10764MI-01 BOARD OF COUNTY COMMISSIONERS Tuesday, November 16, 2021 9:00 AM (or soon thereafter ) Cu01 LastName», « Cu01 FirstName» ((CuOStreetlN (<CuOStreet2)) uCuOCity», ((CuOState)) ((CuOPost- al» Meeting Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Applicant/Property Owner Daniel J. & Gessica Toth 11039 Muller Road Fort Pierce, FL 34945 Agent Red Tail Design Group Tod Mowery, AICP 100 S. 2nd Street Fort Pierce, FL 34950 Parcel ID 2333-411-0000-000-1 Proiect Location South side of Muller Road, approxi- mately one -quarter mile east of Eleven Mile Road. Fort Pierce, FL 34945 Future Land Use AG-2.5, Agricultural 2.5 Zoning District AG-2.5, Agricultural 2.5 Staff Grant Chambers, PE & Kori Benton, AICP Tel (772) 462-2741 (772) 462-2518 Email ChambersG@stlucieco.org Benton K@stlucieco.org Mail 2300 Virginia Avenue, Fort Pierce, Florida 34982 ad ST. LUCI E COUNTY F L O R I D A Public Hearing Notice Tuesday, November 16, 2021 Road Paving and Fair Share Contribution Waiver Request This notice is provided because you are an owner of property within 500 feet of the proposed petition. Proiect Description This is the request for a Road Paving and Fair Share Contribution Waiver for a 37.18 acre parcel of land located at South side of Muller Road, approximately one -quarter mile east of Eleven Mile Road pursuant to Section 7.05.07.B.2 of the Land Development Code that allows the Board of County Commissioners to waive paving re- quirements of unpaved access roads to new developments requiring site plan approval. In order for the Board to consider a waiver the applicant shall demonstrate one of the three following criteria. 1. Paving is not essential to provide ade- quate access, or 2. The road is part of the County's five-year program or an municipal service taxing or benefit unit, or 3. The road does not have adequate width for necessary improvements. Backgound The property owner desires to subdivide the property into four (4) parcels ranging from 6 to 10 acres each. A proposed site plan has been reviewed and has been deemed appro- priate for continued processing towards a site plan and plat for the subdivision pending res- olution to paving or a paving waiver. The St. Lucie County Board of County Commissioners has the power to approve or disapprove, any applications within their area of responsibility. The Board of County Commissioners strongly encourages your input and com- ment at the public hearing. You may also mail or email written comments regarding this proceeding in advance of the public hearing for inclusion in the official record. Public comment for upcoming meetings can be submitted to BentonK(a-)stlucieco.org or 2300 Virginia Avenue, Fort Pierce, Florida 34982, but need to be received by noon the day be- fore the hearing. Anyone with a disability requiring accom- modations to attend this meeting may con- tact the SLC Community Risk Manager at least 48 hours in advance at 772-462- 1546 or TDD 772-462-1428. Date Mailed November 4, 2021 Page 330 of 427 Parcel ID 2333-113-0000-000-6 2333-143-0001-000-6 2333-223-0005-000-9 2333-423-0000-000-8 2333-430-0000-000-0 2333-441-0000-000-4 2333-442-0001-000-4 2333-800-0005-000-0 2334-231-0001-000-9 2334-232-0001-000-2 2334-701-0001-000-1 2334-701-0003-000-5 Site Address 10780 Muller RD 10896 Muller RD TBD ELEVEN MILE RD 4500 ELEVEN MILE RD PRICE RD PRICE RD 11103 Muller RD TBD 10300 Muller RD 10327 Muller RD 10417 Muller RD Owner Ownerl Owner2 Travis E Murphy Jr Travis E Murphy Jr John A Murphy and An John A Mui Amber C Murphy NSLRWCD NSLRWCD Paul H Freeman Paul H Freeman Ru-Mar Inc Ru-Mar Inc John O'Connell and Jai John O'CorJaneine O'Connell James D O'Connell anc James D O'John O'Connell Robert A Craig Robert A Craig Russell S Grace and Co Russell S Gi Connie J Grace Richard C Vachon (TR) Richard C b Edna H Vachon (TR) Chris Hargrave and BrE Chris Hargr Bree Wipperman Daniel Alfred Hernandi Daniel Alfr( Heather C G Hernandez Owner3 Mailing Address 1 10780 Muller Rd 10896 Muller Rd 14666 Orange Ave 3389 Sheridan ST; Unit # 412 3658 Eleven Mile RD 611 Azalea AVE Janeine 0'(611 Azalea AVE 11103 Muller RD 9900 Muller RD 10300 Muller RD 409 SE Voltair TER 10417 Muller RD Mailing City State Zip LastSaleDate Fort Pierce; FL 34945-2319 3/24/1994 Fort Pierce; FL 34945-2327 1/8/2009 Fort Pierce; FL 34945-4511 1/1/1900 Hollywood; FL 33021-3606 12/1/1985 Fort Pierce; FL 34945-2501 4/1/1984 Fort Pierce; FL 34982-6232 10/9/2015 Fort Pierce; FL 34982-6232 6/15/2020 Fort Pierce; FL 34945-2322 11/14/2005 Fort Pierce; FL 34945-2300 1/11/2018 Fort Pierce; FL 34945-2317 11/13/2018 Port St Lucie; FL 34983-3869 12/1/2020 Fort Pierce; FL 34945-2320 12/16/2020 Page 331 of 427 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Karen Kozac, Radiological Coordinator Public Safety 9.C.1. 2021-52690 PUBLIC HEARINGS -PUBLIC SAFETY DATE: 11/16/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No St. Lucie County Certificate of Public Convenience and Necessity Application - Re - Assure Non Emergency Transportation Inc. Re -Assure Non Emergency Transportation Inc., has submitted an application for a Class F (Wheelchair) Certificate of Public Convenience and Necessity, (COPCN). At its meeting on September 8th, 2021, the Emergency Medical Services Advisory Council reviewed the application and determined the application was in compliance with the standards of review set forth in Section 18-54 of the St. Lucie Code of Ordinances. Accordingly, the council voted 6-0 to approve the application. The Public Safety Director has notified the City managers of Fort Pierce and Port. St. Lucie of the pending application. To date, no response has been received from the cities. Copies of the application and Sections 18-54 and 18-56 of the St. Lucie County Code of Ordinances are attached. PREVIOUS ACTION: The item was presented at the November 2, 2021 BOCC meeting. Upon review, the application was tabled until the November 16 2021 BOCC meeting to ensure compliance. The application has been deemed to be in compliance FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board determine the application of Re -Assure Non Emergency Transportation Inc. for a Class F Certificate of Public Convenience and Necessity meets the standards of review set forth in Section 18- 56, approve the application, and authorize the Chair to sign the Class F Certificate of Public Convenience and Necessity. Page 332 of 427 COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Ron Parrish, Public Safety Director Daniel McIntyre, County Attorney Alphonso Jefferson, Deputy County Administrator Date: November 08, 2021 Date: November 08, 2021 Date: November 08, 2021 Page 333 of 427 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel McIntyre, County Attorney Stan Payne, Director of Air & Sea Port County Attorney 10.A.1. 2021-52684 REGULAR AGENDA -COUNTY ATTORNEY DATE: 11/16/2021 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No Resolution No. 2021-409 - Conditional Consent to Merger of APP Properties, Inc. into an Affiliate of Ridgewood Infrastructure, LLC and the Resulting Change of Control of Fort Pierce FBO, LLC - ATTACHMENT ADDED The County received a request from APP Properties, Inc. and Ridgewood Infrastructure, LLC for consent to the merger of APP Properties, Inc. into an affiliate of Ridgewood Infrastrucure, LLC. APP Properties, Inc. ("APP") is the owner and operator of Fort Pierce FBO, LLC dba APP Jet Center Fort Pierce, the ground lessee at the Treasure Coast International Airport. Ridgewood Infrastructure, LLC ("Ridgewood"), a New York -based investment fund with more than $6 billion under management, is the proposed acquirer of APP Properties, Inc. Ridgewood is devoted solely to investment in large scale public infrastructure projects. Ridgewood has active investments across the country in public service infrastructure, including water transmission systems, water and wastewater treatment plants, natural gas distribution and port facilities. The merger with APP is Ridgewood's first investment in aviation and includes all of APP's assets consisting of FBOs and hangar facilities in Florida, Denver, Washington DC, and San Francisco. The resulting company will still do business as APP Jet Center Fort Pierce; however, the Board will consist primarily of representatives from Ridgewood, who will control the Company. Benefits of the merger include the availability of additional capital to complete existing APP projects and the development of new projects with the County as a partner. The current lease agreements with FBO Fort Pirece FBO, LLC require County consent to any assignment of interest or transfer of control of the lessee. Board consent to the merger is conditioned upon certain deficiencies being timely corrected by APP Properties, Inc., Ridgewood Infrastructure, LLC, and its affiliate in accordance with the corrective action plan set forth in Lessor's Conditional Consent to Merger attached as Exhibit 1 to the Resolution. Page 334 of 427 PREVIOUS ACTION: Fort Pierce FBO, LLC dba APP Jet Center Fort Pierce leases property at the Airport from the County as successor in interest to Volo Holdings Fort Pierce LLC as successor in interest to B&E Houck Enterprises, Inc., for the operation of a fixed based operation providing a variety of general aviation services directly and through its sublessees pursuant to the Amended and Restated Lease Agreement dated October 10, 2000 as amended by the First Amendment to Amended and Restated Lease Agreement dated September 12, 2006, and as further amended by the Second Amendment to Amended and Restated Lease Agreement dated June 4, 2019. Fort Pierce FBO, LLC, also leases property at the Airport from the County as successor in interest to Treasure Coast FBO, LLC as successor in interest to Air Charter of Florida, Inc. for a fixed based operation providing a variety of general aviation services directly and through its sublessees pursuant to the Second Amended and Restated Lease Agreement dated May 16, 2008. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board adopt Resolution 2021-409 conditionally consenting to the merger of APP Properties, Inc. into an affiliate of Ridgewood Infrastructure, LLC. and the resulting change of control of Fort Pierce FBO, LLC, and authorize the chair to sign Lessor's Conditional Consent to Merger as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 08, 2021 Stan Payne, Director of Air & Sea Port Date: November 08, 2021 Daniel McIntyre, County Attorney Page 335 of 427 Date: November 08, 2021 Howard Tipton, County Administrator Page 336 of 427 RESOLUTION NO.21-392 A RESOLUTION CONDITIONALLY CONSENTING TO THE MERGER OF APP PROPERTIES, INC. INTO AN AFFILIATE OF RIDGEWOOD INFRASTRUCTURE, LLC AND THE RESULTING CHANGE OF CONTROL OF FORT PIERCE FBO LLC; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida ("Board"), has made the following determinations: 1. St. Lucie County owns and operates the Treasure Coast International Airport ("Airport"). 2. Fort Pierce FBO, LLC dba APP Jet Center Fort Pierce leases property at the Airport from the County as successor in interest to Volo Holdings Fort Pierce LLC as successor in interest to B&E Houck Enterprises, Inc., for the operation of a fixed based operation providing a variety of general aviation services directly and through its sublessees pursuant to the Amended and Restated Lease Agreement dated October 10, 2000 as amended by the First Amendment to Amended and Restated Lease Agreement dated September 12, 2006, and as further amended by the Second Amendment to Amended and Restated Lease Agreement dated June 4, 2019 ("Houck Lease"). 3. Fort Pierce FBO, LLC, also leases property at the Airport from the County as successor in interest to Treasure Coast FBO, LLC as successor in interest to Air Charter of Florida, Inc. for a fixed based operation providing a variety of general aviation services directly and through its sublessees pursuant to the Second Amended and Restated Lease Agreement dated May 16, 2008 ("Air Charter Lease"). 4. APP Properties, Inc. is the owner and operator of Fort Pierce FBO, LLC, and Ridgewood Infrastructure, LLC is a proposed acquirer of APP Properties, Inc. 5. Section 25 of the Houck Lease and Section 21 of the Air Charter Lease provide that the Lessee shall not assign its interest in the Agreement without the prior written consent of the County. 6. Pursuant to these sections of the Houck Lease and Air Charter Lease, APP Properties, Inc. and Ridgewood Infrastructure, LLC, have requested that the County consent to the merger of APP Properties, Inc. into an affiliate of Ridgewood Infrastructure, LLC, and the resulting change of control of Fort Pierce FBO LLC. 7. The resulting company intends to continue doing business as APP Jet Center Fort Pierce; however, the Board will consist primarily of representatives from Ridgewood Infrastructure, LLC, who will control the Company. Page 337 of 427 8. The Board has determined that consent to the merger and change of control of Fort Pierce FBO, LLC is in the best interest of the County as the merger would increase the availability of capital to complete existing projects and to develop new projects with the County as a partner. 9. The Board's consent is conditioned upon certain deficiencies being timely corrected. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. Ratification of the Recitals. The foregoing recitals are hereby ratified and confirmed as true and correct and are hereby made a part of this Resolution. 2. Consent to Merger and Change of Control. The Board hereby consents to the merger of APP Properties, Inc. into an affiliate of Ridgewood Infrastructure, LLC and the resulting change of control of Fort Pierce FBO LLC, conditioned upon certain deficiencies being timely corrected by APP Properties, Inc., Ridgewood Infrastructure, LLC, and its affiliate in accordance with the corrective action plan set forth in Lessor's Conditional Consent to Merger attached hereto as Exhibit 1, and subject to final review and approval by the County Attorney. 3. Authorization to Sign Documents. The Chair is authorized to sign any necessary documents to consent to the merger of APP Properties, Inc. into an affiliate of Ridgewood Infrastructure, LLC and the resulting change of control of Fort Pierce FBO LLC, as approved by the County Attorney. 4. Effective Date. This resolution shall take effect on November 16, 2021. After motion and second, the vote on this resolution was as follows: Commissioner Sean Mitchell XX Commissioner Linda Bartz XX Commissioner Chris Dzadovsky XX Commissioner Frannie Hutchinson XX Commissioner Cathy Townsend XX Page 338 of 427 PASSED AND DULY ADOPTED this 16th day of November 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Page 339 of 427 EXHIBIT 1 LESSOR'S CONDITIONAL CONSENT TO MERGER THIS LESSOR'S CONDITIONAL CONSENT TO MERGER (this "Consent") is given this day of , 2021 by ST. LUCIE COUNTY, a political subdivision of the State of Florida("Lessor"). RECITALS: A. Lessor is the owner and holder of the landlord's/lessor's interest under (i) that certain Amended and Restated Lease Agreement dated January 27, 2003, as Amended by First Amendment to Amended and Restated Lease Agreement dated May 11, 2004, by and between St. Lucie County and APP Properties, Inc., a Maryland corporation ("APP"), as successor in interest to Air Charter of Florida, Inc., as lessee, and (ii) that certain Amended and Restated Leased Agreement dated October 10, 2000, as Amended by First Amendment to Amended and Restated Lease Agreement dated September 12, 2006, by and between St. Lucie County and APP, as successor in interest to B&E Houck, Inc., as lessee (collectively referred to herein as the "Leases"). B. APP, as Lessee under the Leases, has requested that Lessor consent to a merger of Lessee with , a (" "), an affiliate of Ridgewood Infrastructure LLC, a Delaware limited liability company ("Ridgewood") (the "Merger"), which consent to merger is required under the terms of the Leases. C. Lessor is willing to consent to the aforementioned merger on the terms and conditions provided for herein and the acknowledgement and agreement of such terms and conditions by APP and Ridgewood as set forth hereinbelow. NOW, THERFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor agrees as follows: 1. Recitals; Construction. The foregoing Recitals are true and correct and incorporated herein by this reference, as if set forth in their entirety. Any capitalized term not specifically defined herein shall have the same meaning as set forth in the Leases. Should any term of this Consent conflict with any terms or conditions of the Leases, the terms and conditions of the Leases shall control. 2. Consent to Merger. Lessor hereby consents to the Merger, subject to the terms and conditions set forth herein. The surviving entity after such Merger shall be deemed to be the Lessee under the Lease. 3. No Modification of Leases; Cure of Designated Deficiencies (a) Nothing in this Consent shall be deemed to alter the terms and conditions under the Lease, impose any additional obligations or liabilities on the Lessor, nor constitute a modification or amendment of the Leases. No such modification or amendment shall be deemed to occur unless a new lease or an amendment of the Leases is approved by the Lessor's Board and executed between Lessor and Lessee. The consent granted hereby shall not be deemed or construed to be the undersigned's consent in advance to any Page 340 of 427 future sublease or assignment of the Agreement or a waiver any rights or claims of the Lessor in connection with the Lease. (b) Without limiting the foregoing, APP, Ridgewood and acknowledge notice of certain deficiencies under the Leases and agree that the Lessor's consent to the Merger is conditioned upon and made in reliance upon and in consideration for the agreement that the deficiencies shall be timely corrected in accordance with the corrective plan set forth on Exhibit "A" attached hereto. Failure to timely correct such deficiencies may, at the sole discretion of the County, be deemed a default under the Lease(s). (c) Without limiting anything contained herein, Lessee shall not be released with respect to any indemnity obligations in favor of Lessor, arising out of liabilities, costs, claim of loss, damages, fines or penalties, including, without limitation, any related to environmental conditions, whether known or unknown, caused by APP, its employees, contractors or agents and/or which occurred during the term of APPs occupancy under the Lease and prior to the effective date of the Merger. 4. General Provisions. No failure or delay of Lessor to exercise any power given hereunder or to insist upon strict compliance with any obligation specified herein, and no custom or practice at variance with the terms hereof, shall constitute a waiver of Lessor's right to demand exact compliance with the terms hereof. This Consent contains the entire agreement of the Lessor, and no representations, inducements, promises or agreements, oral or otherwise, by Lessor not embodied herein shall be of any force or effect. Any amendment to this Consent shall not be binding upon any of the Parties hereto unless such amendment is in writing and executed by Lessee and the Lessor. The provisions of this Consent shall inure to the benefit of and be binding upon all parties hereto and their respective heirs, administrators, executors, personal representatives, successors and assigns. This Consent may be executed and delivered electronically and in multiple counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same agreement. The effective date of this consent shall be the date that it is signed by all of the parties hereto. The headings inserted at the beginning of each paragraph of this Consent are for convenience only, and do not add to or subtract from the meaning of the contents of each paragraph. This Agreement shall be interpreted under the laws of the State of Florida. All parties hereto agree that venue for any legal action authorized hereunder shall be in the courts of St. Lucie County, Florida. The agreement set forth in this Consent are intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of this Consent or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, the remainder of the agreements in this Consent and the application of such provision to other persons or circumstances shall not be affected thereby but rather shall be enforced to the greatest extent permitted by law. TIME IS OF THE ESSENCE OF THIS AGREEMENT AND EACH AND EVERY PROVISION HEREOF. [Signatures on following pages.] Page 341 of 427 IN WITNESS WHEREOF, Lessor has duly executed this Consent as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK By: Print Name: As Its: Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 342 of 427 IN WITNESS WHEREOF, the parties below, by their duly authorized officers have executed this Consent to acknowledge and agree to the terms and conditions and the obligations imposed on the Lessee hereunder. WITNESSES: Print Name: Print Name: APP PROPERTIES, INC., a Maryland corporation By: Name: Title: ATTEST: Lo Secretary Page 343 of 427 WITNESSES: Print Name: Print Name: RIDGEWOOD INFRASTRUCTURE LLC, a Delaware limited liability company By: Name: ATTEST: By: , Secretary Page 344 of 427 WITNESSES: Print Name: Print Name: LO Name: Title: ATTEST: LO ,a Secretary Page 345 of 427 Exhibit A APP Properties, Inc. 01010 2982 Curtis King Blvd Fort Pierce, FL 34946 (203)594-7470 November 16, 2021 St. Lucie County Board of Commissioners 2300 Virginia Ave. Fort Pierce, FL 34982 Ladies and Gentlemen: APP and Ridgewood are eager and excited to begin their partnership with St. Lucie County and the Treasure Coast International Airport. APP recognizes the importance of communication with the Airport regarding operations on the field. To further improve this communication, APP would like to hold once weekly operational meetings between APP operations staff and Airport operations staff. In addition to this, APP would like to hold bi-monthly operational tours of its ground leases with Airport staff. This letter represents the commitment of APP to abide by the terms of each ground lease agreement, including its commitment to resolving the items raised below that remain unresolved and ensuring that items that have already been resolved will not reoccur in the future. Items Currently being Addressed 1. Item: 3780 St. Lucie Blvd: TMX Aero (sub -tenant of Aircraft Service Center Inc., who is APP's sub - ground tenant) has been operating without a lease agreement in place and approved by the county. TMX also has numerous items on property in violation of airport regulations, including trash, discarded tires, an abandoned ambulance vehicle and two airplanes being broken down for parts. a. Action Plan: APP provided a default notice to Aircraft Service Center Inc. The notice gave until November 15, 2021 to address all deficiencies. APP has engaged Fox McCluskey Bush Robison, PLLC of Stuart, FL to sue for eviction. Eviction filings will be made by November 30, 2021. If tenant does not address deficiencies prior to being evicted, APP will do so after securing eviction. 2. Item: 3101 Airman's Drive: Tenant TWMCC Leasing, LLC has numerous items on property in violation of airport regulations, including a dual axle trailer, a semi -trailer, garbage and debris. a. Action Plan: APP provided a default notice to TWMCC Leasing, LLC. The notice gave until November 15, 2021 to address all deficiencies. APP has engaged Fox McCluskey Bush Robison, PLLC of Stuart, FL to sue for eviction. Eviction filings will be made by November 30, 2021. If tenant does not address deficiencies prior to being evicted, APP will do so after securing eviction. 3. Item: 3804 and 3824 Airman's Drive: Tenant Chip's Custom Painting, Inc. has numerous boats, junk vehicles, recreational vehicles and other non -aviation use equipment on property. Tenant engages in painting of non -aviation vehicles in violation of airport regulations. Page 346 of 427 0010 APP Properties, Inc. 2982 Curtis King Blvd Fort Pierce, FL 34946 (203)594-7470 a. Action Plan: APP provided a default notice to Chip's Custom Painting, Inc. The notice gave until November 15, 2021 to address all deficiencies. APP has engaged Fox McCluskey Bush Robison, PLLC of Stuart, FL. Chip has removed many of the offending items and has informed us he intends to remove the rest prior to November 15. There are ongoing discussions among Chip's Custom Painting, Inc., the Airport and APP as it pertains to the painting of non -aviation vehicles. Resolved Items • Vehicles and boats located at 3170/3180 Airman's drive: o The vehicles are actually trailers used by MFI for their missions, and so are permitted under airport regulations to be there. The Airport and APP have met with MFI to devise system for identifying large vehicles that will be parked there for extended periods for MFI missions. After some time spent tracking the boat owner down, he was identified this morning and will remove the boat immediately. • Boat(s) located nearby BD Aero old hangar pad: o These have been removed by sub -tenant. • HazMat storage, Drums not labeled with unknown content located nearby BD Aero Ramp, old hangar pad: o APP engaged environmental waste disposal company to remove sub -tenant's drums. They have been removed. • Many derelict aircraft on aprons and ramps within leased premises: o This is to be handled on a case by case basis. Two of the airplanes are at 3780 St. Lucie Blvd and so will be handled as part of the eviction proceeding. The Jet Stars by Treasure Coast Jet are in the process of being removed. APP will work with the Airport to determine which of the remaining aircraft have been abandoned and will work through the legal process to have them removed. • Excessive growth of vegetation throughout entire APP leasehold o APP hired a dedicated landscaper and believes this complaint dates to prior the engagement of the landscaper. • Vehicles have been observed transiting through the non -movement areas without appropriate company logo and required safety lighting. o These vehicles are not APP vehicles or employees. APP has discussed with the Airport about the need for a zipper lane, which is to be included in the future. APP and the Airport will communicate with each other and any offenders if vehicles are observed driving through the area. • Bypassing safety system during fuel transfer, Deadman control on bottom load valve intentionally bypassed by tying off. o APP actually uses a spring loaded rope so deadman control was not bypassed. However, APP has ordered a new deadman switch that functions with an electronic timer. The part is being manufactured and should be delivered in the next month or two. • Transferring 10OLL Avgas by means of unapproved transfer methods (refueling another AvGas refueling truck with refueling hose over the top into truck lid). Page 347 of 427 ®� ❑ APP Properties Inc. 2982 Curtis King Blvd Fort Pierce, FL 34946 (203)594-7470 o There is actually a downtube specially manufactured for this purpose, which the Airport has agreed makes the process safe. However, APP was only doing it while it was waiting for the meter on the AvGas fuel farm to be fixed. It has since been fixed, so the practice has ended. • Refueling and fuel transferring activities were commencing by APP Jet Center personnel during a thunderstorm while active lightning was present within 1 to 2 miles of ongoing activities. o APP uses a lighting detector kept in the office to inform line technicians when lightning is near. Given the propensity for lightning storms to appear quickly in Florida, however, APP has installed lightning detectors in each fuel truck so that there is no gap between when the detector goes off in the office and the technician at the truck receives word of the lightning over the radio. • Transport truck delivery of Jet A was being received into APP Jet Center's fuel farm with no APP trained personnel present during receipt of fuel. Transport driver was left alone. o This is a violation of APP policies, but we believe the employees in question were trying to provide service to a customer more quickly. An all hands safety meeting was called where it was made clear under no circumstances is this allowable and it is ground for immediate termination. Very Truly Yours, p_l___ Daniel Harrow, Chief Executive Officer Page 348 of 427 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel McIntyre, County Attorney County Attorney 10.A.2. 2021-52635 REGULAR AGENDA -COUNTY ATTORNEY DATE: 11/16/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No Edna L. Guettler, LC, LLC v. St. Lucie County - Pinelands Preserve - Notice of Appeal - ADD ON In October 1998, the County acquired property from Murphy White Dairy for a purchase price of $1,028,000.00. A copy of a map locating the County property is attached. The property was an acquisition target and was ranked by the Land Acquisition Selection Committee as an "A" site. The County acquired the property using funds from the County's Environmentally Lands Bond Program ($634, 673.00) and a grant from Florida Communities Trust ($631,885.00; FCT #96-017-P74) The site features one of the largest stands of pristine pine flatwoods in western St. Lucie County and is a destination on the State's Great Florida Birding Trail. The County designated the property "Pinelands Preserve". When the County acquires property it is the County's standard practice to have a title agent examine title and provide title insurance to the County. The County retained a title agent and purchased title insurance when it bought the Pinelands Preserve property. Access to the Pinelands Preserve was through a 1991 easement from Okeechobee Road approximately 2 1/3 miles in length. The title insurance policy insured access to the Pinelands Preserve. On April 4, 2019, more than 20 years from the date the County acquired the Pinelands Preserve, a neighbor sued the County (and another neighbor) seeking a declaration that the County could not use the easement from Okeechobee Road for either private or public access. Upon being served with the Complaint, the County forwarded the Complaint to the title insurance company with a request that the title insurance company defend the County under the terms of the title insurance policy. The title insurance company agreed to defend the County under a "reservation of rights" and retained an attorney, Victor Petrescu, Esquire, to defend the County in the litigation. A hearing was held on October 20, 2021 on the parties' Motions for Summary Judgement. On October 26, 2021, the Court entered the attached Order. The effect of the Order is to prevent the County from using the 1991 easement to access the Pinelands Preserve. The Court deferred ruling on the issue as to whether the County is entitled to a prescriptive easement for the public to access the Preserve for the required 20 year Page 349 of 427 prescriptive period. The attorney representing the County in litigation believes there are appealable issues and has recommended that the County appeal the Order. The title insurance company has agreed to fund the appeal under the terms of the policy. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Based on the recommendation of Mr. Petrescu set out above, the County Attorney recommends that the Board authorize the filing of a Notice of Appeal. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures N Date: November 10, 2021 Daniel McIntyre, County Attorney Date: November 15, 2021 Howard Tipton, County Administrator Page 350 of 427 Filing # 137371094 E-Filed 10/27/2021 12:24:10 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA EDNA L. GUETTLER, LC, LLC, a Florida Limited Liability Company, Plaintiff, VS. CASE NO. 56-2019-CA-000701 ST. LUCIE COUNTY, FLORIDA, a political Subdivision of the State of Florida, and VERO PRODUCERS, INC., a Florida corporation, Defendants. / ORDER ON PLAINTIFF'S AMENDED MOTION FOR PARTIAL SUMMARY JUDGMENT/ORDER ON ST. LUCIE COUNTY'S MOTION FOR PARTIAL SUMMARY JUDGMENT THIS CAUSE came before the Court on Plaintiff's Amended Motion for Partial Summary Judgment (the "Guettler Motion"), and St. Lucie County, Florida's Motion for Partial Summary Judgment (the "SLC Motion").' The Court, after duly considering the Guettler Motion, SLC Motion, Responses to the Guettler Motion and SLC Motion, applicable law, argument of counsel and being otherwise duly advised in the premises, hereby finds and concludes as follows. ROCEDURALBACKGROUND Plaintiff, Edna L. Guettler, LC, LLC ("Guettler") filed a Second Amended Complaint on or about May 26, 2021 (the "Complaint"). Count I of the Complaint is an action against St. Lucie County, Florida ("SLC") for Declaratory Relief. Count II of the Complaint is an action against Vero Producers, Inc. ("VPI") for "damages due to slander of title by VPI11.2 ' Vero Producers, Inc. filed a Motion for Partial Summary Judgment, however, the summary judgment issue raised by Vero Producers, Inc. within its motion was resolved between the parties prior to the 10/20/2021 hearing. 2 The parties have resolved Count II of the Complaint. Page 1 of 11 Page 351 of 427 Count III of the Complaint is an action against VPI for Declaratory Relief. SLC filed an Answer, Affirmative Defenses and a Counterclaim to the Complaint. Count I of SLC's Counterclaim is an action against Guettler for Declaratory Relief. SUMMARY JUDGMENT ISSUES PRESENTED BY THE GUETTLER MOTION Guettler seeks, per the Guettler Motion, the following declarations3: 1 That a 1955 Easement given by R.E. Teague and Ruby Carlton Teague to Richard Carlton "for private road right-of-way purposes" "is clear and unambiguous, is for private use, only runs for the benefit of the owner of Sections 22 and 27, is appurtenant to Sections 22 and 27, and cannot be severed or transferred to anyone other than the owner of Sections 22 or 27; 2. The 1984 Deed from B.K. Teague and Ruby Carlton Teague to Edna L. Guettler, Inc. ("EGI") is clear and unambiguous, and "EGI is .... the owner of the Subject Property including the fee underlying the 1955 Easement"; 3. The 1991 Easement is invalid as it was not signed by EGI, the owner of the servient estate; and 4. SLC is not entitled to a prescriptive easement over the subject property, because the requisite elements for a prescriptive easement are not present. SUMMARY JUDGMENT ISSUE PRESENTED BY THE SLC MOTION SLC seeks, per the SLC Motion, the following declaration: That SLC maintains an express easement by virtue of the 1991 Easement over: The West 50 feet of that part of Section 10, Township 36 South, Range 37 East, lying South of Okeechobee Road (State Road No. 70) and the West 50 feet of Section 15, in Township 36 South, Range 37 East 3 Prior to the hearing on the Guettler Motion, the parties reached an agreement resolving the following summary judgment issues set forth within the Guettler Motion: whether SLC is entitled to any relief under § 704.01(1), Florida Statutes, as it pertains to implied grants of way of necessity or statutory ways of necessity?; and, whether there is a legal basis for VPI to recover fees from Guettler? Page 2 of 11 Page 352 of 427 UNDISPUTED MATERIAL FACTS R.E. Teague and Ruby Carlton Teague (the "Teagues") owned real property in St. Lucie County, Florida which included, without limitation, "that part of Section 10 lying southerly of State Road 70"; and, "all of Section 15 located in Township 36 South, Range 37 East" (the "Property"). In August 1955 the Teagues granted Richard Carlton an express private road right-of-way easement (the "1955 Easement") over a limited area of the Property to allow Richard Carlton access to the property he owned, Sections 22 and 27, which property was located immediately South of the Property. The 1955 Easement was recorded in Official Records Book 204, Page 329 of the public records of St. Lucie County, Florida. The terms of the 1955 Easement are clear and unambiguous and the easement created was appurtenant. In 1984, the Teague's transferred the Property to EGI via a warranty deed (the "l984 Property Warranty Deed"). As a result, EG14 has owned the Property since 1984. EGI is/was a Florida Corporation. The Teagues individually were the sole officers and directors of EGI from 1984 to 1994. In October 1988 VPI purchased from Richard Carlton, Sections 22 and 27 and VPI obtained road access to this property it purchased via the 1955 Easement. VPI constructed a citrus grove on Sections 22 and 27. Murphy White Dairy ("MWD") owned the real property immediately to the east of the VPI property, specifically, the west '/ of Section 23 and the West '/z of Section 26 (the "MWD Property"). In December 1988 VPI executed a document entitled "EASEMENT" (the "1988 Easement") which granted MWD an easement right of way for ingress and 4 Guettler merged with EGI; Guettler obtained the pre -merger rights of EGI, which includes ownership of the Property. Page 3 of 11 Page 353 of 427 egress over Section 22, VPI land, as well as over Sections 10 and 15 (the Property owned by EGI). The parties have stipulated that the 1988 Easement was not legally effective to create an easement in favor of MWD or its successor, SLC, across the lands described in the 1955 Easement (within the Property). VPI has further stipulated that it is not entitled to recover its attorney's fees from Guettler as there is no contractual or statutory basis for fees. In 1991, when the Property was owned by EGI, the Teagues, in their individual capacity, executed an Easement for a Road Right of Way to MWD across the same strip of land described in the 1955 Easement (the "Teague Easement"). The Teague Easement clearly and specifically crossed off reference to EGI being a party to the Teague Easement. The Teague Easement was not executed by EGI. In 1998, MWD deeded the MWD Property to SLC (the "Pinelands Preserve"). Since its acquisition, SLC has used the Pinelands Preserve for numerous years as a publicly accessible nature preserve and for limited public recreational use. Prior to the commencement of the dispute between the parties, SLC utilized the property described in the 1955 Easement together with the northerly fifty feet of the VPI property in Section 22, to access and provide public access to the Pineland Preserves. LAW AND ANAYSIS An easement is a non -possessory interest in land that entitles the owner of the easement to use the land of another for one or more purposes. Sears, Roebuck & C. V. Franchise Fin. Corp., 711 So. 2d 1189, 1191 (Fla. 2d DCA 1998). An easement is a right separate and distinct from ownership of the real property itself and does not confer title to the land on which an easement is imposed. Platt v. Pietras, 382 So. 2d 414, 416 (Fla. 5th DCA 1980). An easement holder possesses the dominant tenement and the owner Page 4 of 11 Page 354 of 427 of the land against which the easement exists possesses the servient tenement. Tyler v. Price, 821 So. 2d 1121, 1125 (Fla. 4th DCA 2002). To determine what rights were created by an easement agreement, the rules of contract interpretation apply. Sandlake Residences, LLC v. Ogilvie, 951 So. 2d 117 (Fla. 5th DCA 2007). To determine the nature and scope of an easement agreement, we examine the intent of the original parties to the easement, as evidenced by the agreement itself. Dianne v. Wingate, 84 So. 3d 427 (Fla. 1st DCA 2012). The intent of the original parties must be gleaned by examining he instrument itself. Id. "Ownership in land... constitutes an `estate' as distinguished from an easement, which is the right in one other than the owner of the land to use land for some particular purpose or purposes." Dean v. MOD Properties, Ltd., 528 So. 2d 432 (Fla.. 5th DCA 1988). Construction of an easement is not evidentiary but it is a matter of law. Hillsborough County v. Kortum, 585 So. 2d 1029, 1031 (Fla. 2d DCA 1991). "An easement may be created only by a person who has an estate in the servient..." parcel. The same rules of contractual interpretation apply to interpretation of a warranty deed or other instrument of conveyance. See Beach Towing Servs., Inc. v. Sunset Land Asocs., LLC, 278 So. 3d 857 (Fla. 3d DCA 2019). "A transfer of land subject to or even excepting the right-of-way passes title to the underlying fee to the grantee." Roger Dean v. MOD Properties, Ltd., 528 So. 2d 432 (Fla. 5th DCA 1998). Is the 1955 Easement clear and unambi uous for private use and appurtenant to Sections 22 and 27? To put it succinctly, yes. The 1955 Easement is clear and unambiguous. The 1955 Easement was granted to Richard Carlton, "his heirs, and assigns" "[f]or private road right- of-way purposes, to use the same as a passageway; to construct and build thereon a road, bridges, culverts..." The 1955 Easement language clearly states that it was granted for the use of Richard Carlton, "his heirs and assigns, as a manner of ingress and egress Page 5 of 11 Page 355 of 427 in and to those certain lands owned by" Carlton "described as Sections 22 and 27, in Township 38 South, Range 37 East." Upon VPI's purchase of Sections 22 and 27 from Richard Carlton, VPI became the holder of the 1955 Easement and thus permitted VPI (versus any other party, individual or entity) to use: The West 50 feet of that part of Section 10, Township 36 South, Range 37 East, lying South of Okeechobee Road (State Road No. 70) and the West 50 feet of Section 15, in Township 36 South, Range 37 East for "private road right-of-way purposes..." VPI continues to use the 1955 Easement as the 1955 Easement specifically stated, for ingress and egress from its property (Sections 22 and 27) to State Road 70. There is no genuine dispute of material fact or law that the 1955 Easement is for private use, is appurtenant to Sections 22 and 27 and cannot be severed or transferred to anyone other than the owner of Sections 22 or 27. Is the 1984 Property Warrantv Deed clear and unambiguous and as a matter of law is EGI the owner of the Property includinu the fee underlvina the 1955 Easement? The 1984 Property Warranty Deed is clear and unambiguous. The 1984 Property Warranty Deed, by its plain language, conveyed fee title to the entire Property from the Teagues to EGI (this conveyance included the fee of the servient estate to the 1955 Easement). The 1984 Property Warranty Deed is clearly entitled "Warranty Deed" and does not contain clear and unambiguous language, as argued by SLC and VPI, reserving unto the Teagues actual fee title (ownership) to the small strip of land which the 1955 Easement encumbered. It is undisputed that, as a matter of law, the 1955 Easement applied to or ran with the Property at the time the 1984 Property Warranty Deed was executed; as it relates to the 1955 Easement, the Property was the servient property and the Richard Carlton property (Sections 22 and 27) was the dominant property. However, the small strip of land within the Property that was subject to the 1955 Easement merely Page 6 of 11 Page 356 of 427 entitled the dominant property owner (initially Carlton and then VPI) to use (versus own) the easement property as a matter of ingress and egress to and from State Road 70. SLC argues (VPI joined in this argument) in opposition to the Guettler Motion regarding the 1984 Property Warranty Deed that "[t]he 1984 Deed expressly provided that the Teagues did not intend to transfer" fee title within the Property boundary over which any road or canal rights of way existed. This Court disagrees with SLC's illogical interpretation of the plain language contained within the legal description section of the 1984 Property Warranty Deed. The 1984 Warranty Deed does not expressly provide that the Teagues did not intend to transfer ownership of the Property to EGI. The language of the 1984 Property Warranty Deed clearly provided the undisputed appropriate legal description of the entire Property (without carve outs thereto) and also included clear language that recognized and put purchaser EGI on notice that the Property ownership transfer would be subject to rights of way, whether they be road or canal. The Court additionally finds SLC's argument that "the only possible way to interpret the 1984 Deed, the 1991 Easement, and the 1995 Amendment in a manner that makes sense .... is to conclude that the Teagues intended to reserve a road right of way for themselves over the Easement Area described in their previously executed 1955 Easement..." as the 1984 Property Deed "contained reservation language which provided the Teagues intended to transfer the Property "less road and canal rights -of -way", lacks legal merit. It is important to note that the "reservation language" referred to by SLC and contained within the 1984 Property Warranty Deed is clearly within the "Legal Description" section of the 1984 Deed, is not ambiguous and by its plain terms does not somehow "reserve" title or some other interest in favor of the Teagues over the roadway referred to in the 1955 Easement. The legal description section of the 1984 Property Warranty Deed describes conveyance of the Page 7 of 11 Page 357 of 427 entire fee Property subject to road and canal rights of way (such as the 1955 Easement) is not ambiguous, is not itself an easement, does not reserve title in the 1955 Easement area and does not "expressly" provide, as argued by SLC and VPI, that "the Teagues did not intend to transfer any road or canal rights of way over the Guettler Property" in favor of the Teagues. The foregoing argument made by SLC and VPI turns established contract and property law on its head. The 1984 Property Warranty Deed was clearly a warranty deed conveying the entire Property fee to EGI, subject to rights of way which encompassed the 1955 Easement. It is noted that the Court also rejects SLC5 and VPI's attempt to argue, in the alternative, that the 1984 Property Warranty Deed is somehow latently ambiguous. SLC and VPI have failed to present extrinsic facts or evidence that reveal an insufficiency in the 1984 Property Warranty Deed not apparent from the face of the document. See Mac - Gray Servs., Inc. V. Savannah Assocs, of Sarasota, LLC, 915 So. 2d 657 (Fla. 2d DCA 2005). The Court has considered the "extrinsic" evidence/facts/circumstances presented by SLC and VPI and after such examination has determined that a latent ambiguity does not exists as to the language "less road and canal rights -of -ways" contained within 1984 Property Warranty Deed. 5 Counsel for SLC during oral argument of the Guettler Motion and the SLC Motion stated at one point that the words "less road and canal rights -of -way" are ambiguous requiring the Court to look outside the 1984 Property Warranty Deed to determine intent. The foregoing admission creates an alleged "patent ambiguity". Patent ambiguities are on the face of the document due to the use of defective, obscure, or insensible language. Emergency Assocs. of Tampa, P.A. V. Sassano, 664 So. 2d 1000 (Fla. 2d DCA 1995). Extrinsic evidence is not normally admissible to construe a patent ambiguity as this would require the court to rewrite a contract with respect to a matter that parties clearly contemplated when they drew their agreement. Nationstar Mortgage Co. v. Levine, 216 So. 3d 711 (Fla. 4th DCA 2017). Page 8 of 11 Page 358 of 427 Is the 1991 Easement (Teague Easement Invalid? Does SLC maintain an express easement by virtue of the 1991 Easement (Teague Easement)? Does the 1991 Easement (Teague Easement contain a latent ambiguity? The Teague Easement is invalid as a matter of law inasmuch as the Teague's did not have the legal authority to grant an easement encumbering property they did not own. At the time the Teague Agreement was executed, the Teagues did not have an estate in the Property (the servient parcel). As a result, the Teague Easement is void ab initio. See One Harbor Financial Limited Company v. Hynes Properties, LLC, 884 So. 2d 1039 (Fla. 4th DCA 2004). In 1991 the Property was owned by EGI and not the Teagues. EGI was not a party to and did not execute the Teague Easement. EGI did not grant the Teague Easement to MWD. Within the Teague Easement, the Teagues individually attempted to give MWD, their successors, heirs and assigns, a "private road right-of- way ... to use the same as a passageways; to maintain thereon a road, bridges, culverts ... as a matter of ingress and egress in and to those certain lands owned by" MWD, "described on the West halves of Sections 23 and 26, in Township 36 South, Range 37 East" on the following land contained within the Property that they did not own: The West 50 feet of that part of Section 10, Township 36 South, Range 37 East, lying South of Okeechobee Road (State Road No. 70) and the West 50 feet of Section 15, in Township 36 South, Range 37 East The above -described land contained within the Property is the exact same land that serves as a right-of-way appurtenant easement pursuant to the 1955 Easement (currently being rightfully exercised by VPI, owner of Sections 22 and 27). As the Teague Easement is invalid as a matter of law, SLC does not maintain an express easement by virtue of the Teague Easement. SLGs argument that "because the 1984 Deed, the 1991 Easement, and the 1995 Amendment, when read together, establish Guettler, Inc. Page 9 of 11 Page 359 of 427 intended to, and did, grant a road right of way over the Easement Area to MWD, the County's predecessor in title, which the County acquired when it purchased the Pinelands Preserve" is misplaced and does not have legal merit. Furthermore, VPI's argument that as the Teagues elected individually to execute the Teague Easement in 1991 versus signing on behalf of EGI as officers of the corporation evidences an "ambiguity" in the 1984 Property Deed exists (requiring parol evidence for interpretation) pertaining to the Teagues intent to reserve rights in the Property, does not have legal merit. Is SLC entitled to a prescriptive easement over the subject roce Genuine disputes of material fact exist in the record as to SLC's counterclaim for a prescriptive easement. Specifically genuine disputes of material fact exist as to whether the at issue easement area (the 1955 Easement section) has been used by SLC for purposes of operating a publicly accessible nature preserve for the required 20 year prescriptive period. In light of the foregoing, the Court ORDERS and ADJUDGES: 1. The Guettler Motion is GRANTED in part as follows: a. The Court declares that the 1955 Easement is clear and unambiguous, for private use and appurtenant to Sections 22 and 27; b. The Court declares that the 1984 Property Warranty Deed is clear and unambiguous and EGI is the owner of the Property including the fee underlying the 1955 Easement; c. The 1991 Easement (Teague Easement) is invalid; d. SLC does not maintain an express easement by virtue of the 1991 Easement (Teague Easement); and Page 10 of 11 Page 360 of 427 e. The 1991 Easement (Teague Easement) does not contain a latent ambiguity. 2. The Guettler Motion is DENIED on the issue as to whether SLC is entitled to a prescriptive easement. Genuine disputes of material fact exist as to whether the 1955 Easement area has been used by SLC for purposes of operating a publicly accessible nature preserve for the required 20 year prescriptive period. 3. The SLC Motion is DENIED as SLC does not maintain an express easement by virtue of the 1991 Easement over: The West 50 feet of that part of Section 10, Township 36 South, Range 37 East, lying South of Okeechobee Road (State Road No. 70) and the West 50 feet of Section 15, in Township 36 South, Range 37 East DONE AND ORDERED in Chambers in St. Lucie County, Florida, this 26th day of October, 2021. Copies furnished via the e-filing portal to: Alexzander D. Gonano, Esq. Counsel for Plaintiff ELIZABET/-I'A METZGEK CIRCUIT COURT JUDGE William P. Doney, Esq. Counsel for Defendant, St. Lucie County Harold G. Melville, Esq. Victor Petrescu, Esq. Counsel for Defendant, Vero Producers, Inc. Co -Counsel for Defendant, St. Lucie County Michael J. McCluskey, Esq. Adam G. Schwartz, Esq. Valerie A. Costello, Esq. Co- Counsel for Plaintiff Page 11 of 11 Page 361 of 427 �'J Llo LU��� 0 r Iffiel PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel McIntyre, County Attorney County Attorney 10.A.3. RES-2021-412 REGULAR AGENDA -COUNTY ATTORNEY DATE: 11/16/2021 *RESOLUTION ITEM - CONFLICT RESOLUTION QUASI-JUDICIAL ITEM? NO Conflict Resolution No. 21-412 - City of Port St. Lucie - Directing County Administrator to Initiate Mediation The County has retained the services of impact fee consultants to update the County's impact fees including its Road Impact Fee and Park Impact Fee. The City of Port St. Lucie ("City") has replaced its road impact fee and transportation concurrency system with a mobility fee system with an effective date of October 4, 2021. Unfortunately, the City has included County roads in the City's mobility fee without the County's consent. The City initiated conflict resolution pursuant to Chapter 164, Florida Statutes. Conflict resolution under this process includes three phases: (1) conflict assessment meeting(s); (2) joint public meeting; and (3) mediation. In the first phase (conflict assessment), the County and the City met on three separate dates in an attempt to resolve the issues. Unfortunately, no resolution was achieved. On October 27, 2021, the Board of County Commissioners ("Board") attended a joint public meeting with the City Council ("Council") to discuss conflicts concerning the adoption of the City's mobility fee, including the City's inclusion of County roads in the City's mobility fee without the County's consent. At the October 27 joint public meeting, the Board requested that the Council remove County roads from the City's mobility fee. Three of the four Council members stated that they would not remove County roads from the City's mobility fee. The County does not believe the City has the legal authority to collect a mobility fee that includes County roads without the County's consent. The County also believes that resolution of this issue is fundamental to a resolution of issues between the County and the City. Since the County and the City did not reach an agreement at the joint public meeting, the next phase of conflict resolution is mediation. In this regard, attached is draft Resolution No. 21-412 which, if adopted, directs the County Administrator to initiate mediation. PREVIOUS ACTION: Page 362 of 427 N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board adopt Rsolution No. 21-412 and authorize the Chair to sign the resolution. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 10, 2021 Daniel McIntyre, County Attorney Date: November 10, 2021 Howard Tipton, County Administrator Page 363 of 427 RESOLUTION NO.21-412 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY; MAKING VARIOUS LEGISLATIVE FINDINGS; DECLARING THAT NO AGREEMENT WAS REACHED FROM THE JOINT PUBLIC MEETING PROCEEDINGS UNDER SECTION 164.1055(2) FLORIDA STATUTES AND DIRECTING THE COUNTY ADMINISTRATOR TO INITIATE MEDIATION; PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners ("Board") has previously adopted a Road Impact Fee, which is codified under Chapter 24-Impact Fees, Article VIII, Roads Impact Fee, and a Parks Impact Fee which is codified under Chapter 24-Impact Fees, Article VI, Parks Impact Fee; and WHEREAS, the current County Parks Impact Fee is based on a study performed by Dr. James C. Nicholas in 2016 and the current County Roads Impact Fee is based on a study performed by Tindale Oliver in 2019; and WHEREAS, the studies referenced above were based on the most recent and localized data and complied with the dual rational nexus test; and WHEREAS, the County has retained the services of impact fees experts to update the Chapter 24-Impact Fees (the "Impact Fee Update") for all of its Impact Fees including its Road Impact Fee and its Parks Impact Fee, to incorporate the most recent and localized data and to provide assurances that the various amendments to section 163.31801, Florida Statutes adopted since the last County impact fees update are addressed in the Impact Fee Update; and WHEREAS, the City of Port St. Lucie ("City") has replaced its road impact fee and transportation concurrency system with a mobility fee system with an effective date of October 4, 2021; and WHEREAS, the City has included County roads in the City's mobility fee without the County's consent; and WHEREAS, Chapter 334 through 339, Florida Statutes, along with certain other chapters as designated by section 334.01, Florida Statute, constitute the Florida Transportation Code. The purpose of the Florida Transportation Code is to assign responsibility for the various types of roads between the State, counties, and municipalities. As stated within section 334.035, Florida Statutes: The purpose of the Florida Transportation Code is to establish the responsibilities of the state, the counties, and the municipalities in the planning and development of the transportation systems serving the people of the state and to assure the development of an integrated, balanced statewide transportation system. The 1 Page 364 of 427 prevailing principles to be considered in planning and developing these transportation systems are preserving the existing transportation infrastructure; enhancing Florida's economic competitiveness; and improving travel choices to ensure mobility. This code is necessary for the protection of the public safety and general welfare and for the preservation of all transportation facilities in the state. The chapters in the code shall be considered components of the total code, and the provisions therein, unless expressly limited in scope, shall apply to all chapters; and WHEREAS, pursuant to section 335.01(2), Florida Statutes, public roads are divided into four systems. These systems consist of: (a) the State Highway System; (b) the State Park Road System; (c) the County Road System; and (d) the City street system. Each of the four identified systems which make up public roads within the State of Florida re specifically defined and the responsibility for their planning, development, construction, and maintenance is expressly assigned to the respective government entities. The ultimate goal of such allocation of responsibility is to establish clear lines of authority so that the responsibility for the planning, development, construction, and maintenance related to those specific road systems can be executed unencumbered; and WHEREAS, the Florida Transportation Code defines the County Road System in section 334.03(8), Florida Statutes as follows: (8) "County road system" means all collector roads in the unincorporated areas of a county and all extensions of such collector roads into and through any incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System; and WHEREAS, as established by Florida Statutes, roads within the County Road System are not limited by municipal boundaries but includes collector roads that extend into or through any incorporated area and all urban minor arterials not in the State Highway System, regardless of whether they extend within municipal boundaries; and WHEREAS, the County's specific responsibilities regarding the County Road System are also clearly and unequivocally set forth in section 336.02(1)(a), Florida Statutes, which provides: The commissioners are invested with the general superintendence and control of the county roads and structures within their respective counties, and they may establish new roads, change, and discontinue old roads, and keep the roads in good repair in the manner herein provided. They are responsible for establishing the width and grade of such roads and structures in their respective counties. See Sec. 336.02(1)(a), Fla. Stat.; and N Page 365 of 427 WHEREAS, apart from the authority of county commissioners over the County Road System under the Florida Transportation Code, section 125.01(1)(m), Florida Statutes, also grants county commissioners broad powers to carry on county government, including the express power to provide and regulate arterial, toll, and other roads, bridges, tunnels, and related facilities, as well as the construction, reconstruction, operation, maintenance, and repair of such transportation facilities; and WHEREAS, inherent in the allocation of responsibility for the respective public roads within the State of Florida is the ability to fund and finance the improvements necessary to fulfill the responsibilities of counties over the roads within the County Road System. Section 336.021(3), Florida Statutes, expressly recognizes as an essential element of the County's responsibility over the County Road System, the ability to obtain funding to fulfill those purposes. As stated in that Act: (3) It is expressly recognized and declared by the Legislature that the establishment, operation and maintenance of a transportation system and related facilities and the acquisition, construction, reconstruction, and maintenance of roads and streets fulfill a public purpose, and that payment of the costs and expenses therefor may be made from county general funds, special taxing district funds or such other funds as may be authorized by special or general law. Counties are authorized to expend the funds received under this section in conjunction with the state or federal government in joint projects. (Emphasis added). See Sec. 336.021(3), Fla. Stat.; and WHEREAS, the establishment of the respective responsibilities for the various public roads within the State may not be unilaterally altered so as to allow a city to assume and exercise control or responsibility for roads within the County Road System or the State Highway System. Rather, Florida Statutes sets forth the procedure by which a governmental entity may assume authority over a road whose responsibility has been assigned to another governmental entity. Sections 335.0415(1) and (3), Florida Statutes, expressly provide that the responsibility for roads in the respective system shall be as it existed on June 10, 1995, and may not be transferred among jurisdictions except by mutual agreement. There is no authority for a city to unilaterally usurp the responsibilities for roads within the County Road System, nor has there been any agreement to allow it to assume such responsibility; and WHEREAS, the Legislature, therefore, has expressly defined the road systems for which responsibility has been assigned to each governmental entity and, as to the County Road System, granted broad authority to counties for the planning, development, construction, maintenance, and funding of the County Road System. In contrast, the Legislature has given cities absolutely no authority over the County Road System, even if a portion of those roads are within the municipal boundaries and Page 366 of 427 WHEREAS, on October 27, 2021, the Board attended a joint public meeting with the City Council ("Council"), pursuant to a dispute resolution process initiated by the City Council pursuant to Section 164.1055, Florida Statutes, to discuss conflicts concerning the adoption of the City's mobility fee, including the City's inclusion of County roads in the City's mobility fee without the County's consent; and WHEREAS, at the October 27 joint public meeting the Board requested that the Council remove County roads from the City's mobility fee. Three of the four Council members stated that they would not remove the County's' roads from the City's mobility fee; and WHEREAS, the County does not believe the City has the legal authority to collect a mobility fee that includes County roads without the County's consent and further believes that resolution of this issue is fundamental to a resolution of issues between the County and the City; and WHEREAS, the two parties did not reach an agreement at the joint public meeting between the County and the City, and accordingly the next phase of the "Florida Governmental Conflict Resolution Act" is mediation; NOW THEREFORE, be it resolved by the Board of County Commissioners, St. Lucie County, as follows: Section 1. RECITALS. The above recitals are incorporated by reference as if set forth in their entirety. Section 2. SCHEDULING OF MEDIATION. Since no agreement was reached at the joint public meeting between the County and the City, the Board directs the County Administrator to initiate mediation with the City pursuant to Section 164.1055(2) Florida Statutes. Section 3. EFFECTIVE DATE. This Resolution shall be effective upon adoption. After motion and second, the vote of this Resolution was as follows: Commissioner Sean Mitchell, Chair XXX Commissioner Linda Bartz, Vice Chair XXX Commissionner Chris Dzadovsky XXX Commissionner Frannie Hutchinson XXX Commissioner Cathy Townsend XXX DULY PASSED AND ADOPTED this 16 day of November 2021. 2 Page 367 of 427 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM & CORRECTNESS: BY: COUNTY ATTORNEY Page 368 of 427 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Kara DePasquale, Risk Manager 10.B.1. 2021-52679 REGULAR AGENDA -HUMAN RESOURCES DATE: 11/16/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No Human Resources & Risk Management Department Renewal of the Symetra Financial Excess Stop Loss Policy for the Group Health Plan - Anticipated Specific and Aggregate Stop Loss Premium $2,065,397.76 Symetra is the Excess Stop Loss policy provider for high dollar claims on the County's Group Health Plan. PREVIOUS ACTION: On 9/21/2021, the Board approved the FY22 Health Insurance Rates which included the Symetra Stop Loss Policy rate. Renewal documents were not executed separately, requiring the item to come before the Board. FINANCIAL IMPACT: The projected specific and aggregate stop loss premium is $2,065,397.76 - this cost is based on the number of eligible employees enrolled in the County's health insurance plan. RECOMMENDATION: Staff recommends that the Board approve the Symetra contract renewal at the projected cost of $2,065,397.76 and authorize the Chair to sign the renewal documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Page 369 of 427 Coordination/Signatures Date: November 04, 2021 Shanelle Tomlin, Assistant HR & Risk Management Director Date: November 05, 2021 Caroline Valentin, Assistant County Attorney Date: November 07, 2021 Daniel McIntyre, County Attorney Date: November 08, 2021 Howard Tipton, County Administrator Page 370 of 427 ,;MS Y M E T RA Symetra Life Insurance Company RETIREMENT I BENEFITS I LIFE 777108th Avenue NE, Suite 1200 1 Bellevue, WA 98004-5135 Phone 1-800-796-3872 1 www.symetra.com POLICYHOLDER ACCEPTANCE Policy Number: 16-010181-000 Policyholder: St. Lucie County Board of County Commissioners (Legal Name) has received a Symetra contract ELC-24000 and has approved and accepted the terms of this contract. No reimbursement under this Policy will be paid until such time as this Policyholder Acceptance has been executed and received by Symetra Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree. Name: M Signed at: (Please Print Name of Signatory) (Signature of Policyholder) (City / State) Title: Agent: On: (Please Print) (Signature and License Number of Agent) (Date) ELC-24000/FL 7/19 Page 20 Page 371 of 427 ;MSYM E T RA RETIREMENT I BENEFITS I LIFE STOP LOSS RATE CAP ENDORSEMENT Symetra Life Insurance Company 777108th Avenue NE, Suite 1200 1 Bellevue, WA 98004-5135 Phone 1-800-426-7784 1 www.symetra.com Symetra and St. Lucie County Board of County Commissioners agree that this endorsement is effective October 01, 2021 for the Policy Period from October 01, 2021 to September 30, 2022. In consideration for the premium shown in the Stop Loss Schedule of Benefits, the Stop Loss Insurance Policy (the "Policy") will be revised to include this Stop Loss Rate Cap Endorsement. RATE CAP The maximum Premium Rate increase at renewal will be capped at 60%, and will be applicable to the total amount of premium for the Policy Period and the amount equal to the Aggregating Specific Deductible or Tiered Aggregating Specific Deductible shown on the Schedule, if any. This cap assumes that there will be no 1) Material Change, 2) change in the Provider Network used by the Policyholder's Employee Benefit Plan, 3) significant change to the Schedule for the renewal Policy Period, or 4) change in Policyholder's broker of record or commission rate for or during the renewal Policy Period (each individually or collectively, "Changes"). If there are Changes, then the renewal Premium Rates will first be calculated based on the cap and the current Policy coverage. Additional adjustments for Changes may then be applied as needed. If there is a change in Policyholder's broker of record, this cap will be ineffective for any renewal Policy Period beginning thereafter. All other provisions of the Stop Loss Insurance Policy remain unaffected by this Endorsement. St. Lucie County Board of County Commissioners a (Signature of Policyholder) Title Date: Instructions to Policyholder: (1) (2) Symetra Life Insurance Company By: Margaret Meister President Registrar: Nancy Phan Date: September 3, 2021 Sign and return to Symetra Retain copy with your policy. ELC-24103 7/19 Symetra® is a registered service mark of Symetra Life Insurance Company. Page 372 of 427 ;MSYM E TRA RETIREMENT I BENEFITS I LIFE Symetra Life Insurance Company 777108th Avenue NE, Suite 1200 1 Bellevue, WA 98004-5135 Phone 1-800-426-7784 1 www.symetra.com COVID-19 SPECIFIC DEDUCTIBLE STEP-DOWN ENDORSEMENT Symetra and St. Lucie County Board of County Commissioners agree that this endorsement is effective October 01, 2021 for the Policy Period from October 01, 2021 to September 30, 2022. In consideration for the premium shown in the Stop Loss Schedule of Benefits, the Stop Loss Insurance Policy (the "Policy") will be revised to include this COVID-19 Specific Deductible Step -Down Endorsement. If you submit a Specific Stop Loss Claim for Covered Expenses incurred by a Covered Unit who has received a COVID-19 Diagnosis that resulted in an inpatient hospitalization, Symetra will reduce the Specific Deductible for the Covered Unit by $3,000 for the first claim during the Policy Period that involves COVID-19-related Covered Expenses incurred by the Covered Unit. COVID-19 Diagnosis means: A primary COVID-19 diagnosis for a Covered Unit that has been made by a licensed physician and has been assigned an ICD (International Classification of Diseases) 10 Code that indicates a diagnosis of COVID-19. All other provisions of the Stop Loss Insurance Policy remain unaffected by this Endorsement. St. Lucie County Board of County Commissioners By: (Signature of Policyholder) Title: Date Symetra Life Insurance Company By: Margaret Meister President Registrar: Nancy Phan Date: September 3, 2021 Instructions to Policyholder: (1) Sign and return to Symetra. (2) Retain copy with your policy. ELC-24101 9/20 Symetra® is a registered service mark of Symetra Life Insurance C017110any. Page 373 of 427 AGENDA REQUEST Board of County Commissioners 10.C.1. RES-2021-406 REGULAR AGENDA -PARKS & RECREATION DATE: 11/16/2021 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO PRESENTED BY: Willie Redden, Interim Assistant Parks & Recreation Director SUBMITTED BY: Parks & Recreation SUBJECT: Resolution No. 21-406 - Naming of the Lincoln Park Regional Park pool to the Arthur Lee Boatwright Pool BACKGROUND: Arthur Lee Boatwright was a native of Ft. Pierce. He loved his family and the community where he grew up. After graduating from Ft. Pierce Central High School, he attended Indian River State College, formerly known as Indian River Community College, where he played baseball and received an Associates of Arts degree. He then went on to Southern University in Baton Rouge, Louisiana on a scholarship to play baseball. He returned home in the late 70's and began working for the County as a Lifeguard at the Lincoln Park pool until it closed. After that, Mr. Boatwright went to work for the St. Lucie School Board where he continued to exert his passion for baseball and youth sports. He coached baseball at Lincoln Park Academy, taught Physical Education at Sunrise Academy, and refereed baseball games and other youth activities throughout the Treasure Coast. In 1998, while working with Special Education Students, he was once again offered a job with the County. He began as an Aquatics Supervisor at the Lincoln Park pool once it reopened and was quickly promoted to Aquatics Supervisor II. His love for the water started at an early age when he first learned to swim in the Projects off North 29th St. He inspired others to learn to swim and to respect the water. Pool safety regulations were not what they are today, and Mr. Boatwright would always find himself supervising a disproportionate number of kids at the pool daily. He was serious about his profession and always kept current with the latest Aquatics and Water Safety Certifications. The children's safety was always his primary concern and there was never an incident or accident on his watch. Mr. Boatwright was very passionate about the Lincoln Park pool, and he took great pride in the care of the facility and its visitors. He was a well-known fixture at the pool and in the community. He taught a great many children, adults, and some of his own family members how to swim. After working at the pool for a little more than 12 years his health began to fail, and he retired in 2010. He passed away on Friday, February 3, 2012. Page 374 of 427 In recognition of his service and dedication to the community, County staff, his family, and friends, feel it befitting to humbly ask the Board that the Lincoln Park Regional Park pool located at 1211 Avenue M in Ft. Pierce be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. This request was reviewed and approved by the Historical Committee on October 12, 2021. The renaming of the facility will have no financial impact. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A 1.10101kTilu140117_l9[Q0F Staff recommends Board approval to name the Lincoln Park Regional pool the "Arthur Lee Boatwright Pool", and authorization for the Chair to sign documents as prepared and approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: October 29, 2021 Matt Baum, Interim Parks & Recreation Director Ll(� i' ? 1(#� Date: November 01, 2021 Daniel McIntyre, County Attorney Date: November 08, 2021 Alphonso Jefferson, Deputy County Administrator Page 375 of 427 Page 376 of 427 111'� , V Date: 11 !. L. Contact Informa ' • Name: • Addres • City, 5t • Teleph • Email Application Naming Public Buildings, Lands, Roads and Bridges St. Lucie County IMF ►�I� WYK Describe the building or land you are requesting to be named, giving complete address, location, beginning and Requested Name for the facility:ffi')AcY Pan If applicable, give the date of death of the person for which the facility is proposed to be name: ,U ! f Describe the historical association nr connection with the.requested name to the facility. LVA List below any proclamations, awards, commendations, or resolutions, made on behalf of the honoree by any civic, charii<able or volunteer organizations you wish the Count ommission to consider. Attach a location map with this application along with any additional relevant information concerning this proposal and return to: 5t. Lucie County Administration 230o Virginia Avenue Fort Pierce, FL 34982 Exhibit 1 Page 377 of 427 To: Parks and Special Facilities From: Gregory Duncan and Angeline Duncan Singletary (Arthur's siblings) Re: Renaming Lincoln Park Pool to "Arthur Lee Boatwri ht Pool" Date: July 1, 2021 Arthur Lee Boatwright was a native of Ft. Pierce, Florida. He loved his family and the community where he was reared. He was from a family with great athletic abilities. After completing Fort Pierce Central High School in 1972, he attended Indian River Community College now known as Indian River State College. He played baseball and received his Associate of Arts degree. Arthur matriculated to Southern University in Baton Rouge, Louisiana with a scholarship in baseball. After being away from Ft. Pierce to attend college, he returned home in the late 1970s. He still loved the community that gave him his start and helped mold his love for sports. He was an active sports person and had special skills in baseball and swimming. When he returned to the area, he began working every summer at the Lincoln Park Pool on North 13th Street until it closed. Years later, Arthur was employed by the St. Lucie Public School Board and St. Lucie County Administration. His passion for the youths allowed him to assist with coaching baseball at Lincoln Park Academy, teaching Physical Education at Sunrise Academy, refereeing baseball games at the Lincoln Park baseball fields, and other youth activities across the Treasure Coast. Opportunities were afforded to Arthur to begin working in the community where he was reared. In 1998, while working with special education students in the school system, he was once again offered a job with the county. He became an Aquatic I worker at the Lincoln Park pool on North 13th Street. He was later promoted to an Aquatic II worker. Arthur loved the field of Aquatic Life. His zeal for the water began at an early age when he learned to swim at the pool in the Projects off North 29`' Street. He surpassed his true love for what he loved to do. He loved to inspire others to learn to swim and respect the water. Safety was his first concern for learning and understanding what one needed to do to survive while swimming. Arthur began opening the pool during the summer and continued to make it a yearly opportunity with the support of the community and county. Arthur was very passionate about the Lincoln Park Pool on North 13th Street. He took pride in ensuring that it was kept clean for the people who came to enjoy a good swim, those who wanted to learn how to swim and others who just wanted a good work out. The children and adults in the community knew him very well. He was always recognized as "Mr. Boatwright, the pool man, the Lifeguard or that's the man who taught me how to swim. The children would even say, "I am going to Mr. Boatwright Pool". To his family, he was known as the "Family Life Guard." He taught his family members how to swim. The community loved to come to the pool to swim. Numerous children didn't know how to swim when they carve to the pool. It didn't take Page 378 of 427 Arthur a long time to teach them how to swim. He taught all ages of people how to swim and how to survive while in the water. The parents often bragged about Arthur teaching their child or children to swim in just a few days. The children and adults listened and obeyed him when they came to the pool. He would also talk to the children about their progress in school. A lot of the children came to the pool every day to swim. During the summer hours, many private Daycares and Summer Camps brought groups of children to the pool to have fun. Arthur managed the pool with respect and integrity at all times. He didn't allow anyone to be disrespectable or get out of hand while at the pool. He took his work serious and always kept current with water safety, CPR, life guard training and all the components needed to be the 41 Certified Life Guard. Arthur gave of himself untiringly and unselfishly to make a difference in the community where he was reared. After working well over 12 years, his health began to fail him. He was moved to a Recreational Supervisor I position before he retired in 2010. Arthur passed away on Friday, February 3, 2012. Therefore, we the family and friends of Arthur Lee Boatwright, feel it befitting to humbly ask that the Lincoln Park Pool located on North 13th Street be renamed Arthur Lee Boatwright Pool. We feel that the least we could do is to allow his legacy to live on knowing that he gave the ultimate sacrifice which was his life for the safety of others. Humbly Submitted, The Family of Arthur Lee Boatwright and The 13`h Street Pool Family and Friends of the Village Page 379 of 427 Arffr111' ILrr Aln,tluiriiilil PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature 1. 2 le L r 4. j�i - `� ' �-n i �Z-kvL S. ' "J c.o ._J ,�s.., Z ° 5 , ,2 �P�,s l�;nos �3 �, - �� 77 aG���,� T P Aq'—sr- 8. J Wa 9. n s�S1C��a 3+10. S�o� �U LAKe Page 380 of 427 A I'l ill ry• ZCVV idi u[t l t u ri it ill PETITION FOR CHANGE OF NAME` We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be 4.4t named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live ' on because of the deep affection he had for the facility and the community he served.Aft r •3f L - r Name: Address Phone Number Signature 1. ! / /J ` C Z4 Z"' 3. 4 - 5Avg. / (40 7. 9. IkX / I � y�1 �11 r 1� Ej 1 n �7j--- s ZJ +NP jk }-� _ 7�-50(4-V C Page 381 of 427 arlliin• flee "LlIuaillR'iithl PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature z. wis- La- 350van /�I .. A , R � - S 4. je l�dl� �Y�-���• r?� z2�5 f 6. aid c , -7 7 Z -- q 71—47 7. � �� V -\IS 1-0ye ro":z ( 4 9. �� `J " i� L�r-�1L U1�- 7UY- Al, �)r%G l� p / 37 ��� �� rl 3 r7 ! f f - so.�_r' Wk� �i� V�. 1� e rr`i 7 r ✓e Page 382 of 427 � ,•ar•ffprr•;lrr ir;,3,rl4ninhl PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature Z.\' x{M4J•' ``I \rV1f /11 `\1 C1f. �I Aa 7 14fy/�/� 3. -LN j - a , V mikL {/ld� d7� 4. `� ) AS� 5�2 2— 237 " 5. SE 6. rz�L 7. -7 8. Coirp)lp �01 k j r 9. 10, 11 Page 383 of 427 :ar!lrrrr 4KVV iiierahur-iillrl PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 16th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. dui Name: Andress Phone Number Signature _S4'j-- 2. 3. r 4. 5. 6. I'+ 7, 9. 10. `�"`�i71— i`�1j �7 L ; �77 ;SCE v/11u z'ftfr�z3 Lj�,2 le-� '�-, Page 384 of 427 j1jj',t11t1rj k, Iq 1w= i PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional, Park Pool; located at North 13th St., be named the Arthur, Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature k� f A64 3. L % d ti< A=- 4 5- V .1 6 OKA �V 9 -�J 10. Page 385 of 427 PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live I;. on because of the deep affection he had for the facility and the community he served. ll1�� r Address Phone Number ignat e _IC LOCC 1. z. :-- ,\ t4 3. A>L�1- , - FDC43�L 4. 120p 5. MDCDO ,/ 4 r Al 6D S ._ 6. 7. /,:, NrJd ImIjova Ui 3 (, f fi � -I yl 07 �94�7 ��) 9. ) /�Dv& & Z/-1- 2�2 - (DI 10. lou", 1 ��20 L AnOiZAL.j Page 386 of 427 PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. llt�,t� Name: Address Phone Number Signature 1. `T 14,oiT o2/!e F-1. A/6 95,5 3y 17-1a '77 a 772 19ZID---t06 r bn Vr S I ;rcc{� ,G 5. � 7�f �C'C� 6. � G r7 O -� ��+1 � �� a ��q f't1 i f / Ei,- C-4 350-r), r-Vicric C) FP P- En(—kcL 9. , [ 5-� 77a'`�C?o Page 387 of 427 Art/Pir;lcr ilii,,tlturinht PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature 1, %�-� 01,1�. i- 2. 3. 4. : J/);�,y /✓v Z,f -"?Ilve F� X '-fac/ J .3 ' 2.3-L) t. 5. y —' 6. aPry S��a 7r c�3 `/ ` /7. C'G r"r C7tltr�.f. /� p.3 ��cr 5 urn [ f�r `I•�L/J �%`CJ - /0 /S C��o r 5��, p/� 8. 9. I 7 -7g Ya 3 SF 8 IV%gdtr N16,, c�r 10. J Page 388 of 427 .�r1lnir;Cve L;nalIueikiht PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature z. sa, 0 IAI 5. 4f + 6. / G -Sqn Cl�/11-� -2 7,,-) -: --?2-2 v, V ��e %tee �.- 1Prr� e/Y _2Q zs� zfle �5 e- S 8. 9. _ 2 Z rJ -2 a,2 �- M Gl�r� 2 2 Z A-). T".3 �2 ?-2 V Page 389 of 427 :;rllnrr WVV t~luaIIIui'ighl PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. .. r � Ct i� , fib61 m ommar• / _ s I I _ . ,,//�� 0, NO M N FEN Mom . I b. "#AM Mwj ME ' A I .. Axr. • . I M Page 390 of 427 I _-:ks•tlhrr acvt' iilnalaUri4llri PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature 1, Khe 222- 4,24, jV6> 2. / 4. 7 7L- e,7 5. l- to 6. V1 Q E MWI P, C- W/V L Va 'f, u Page 391 of 427 i artlun�r'rr 7rin:rlrtrriiikE! PETITION FOR CHANGE OF NAME , . We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be. named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live x on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature zK(Z-'h?-41d At va-,4. y / 3..� U 5olv, 3 -77 "�(4e:�3 4. _ ` 6 c 6. 7. / St 2 3 5 w 71 VD nor �~- $.Ilk- Z---A�2 9' { Page 392 of 427 Jsrc Jlinaliarriiihl PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: l Address 1 Phone Number 7 Signatur ���44iv I fn -7-71 3. - i� 1� V UC— 272-gzS'c�ZZ� - -- 4. fJ 5. A14niD A��r� �C LL',56 n 1 d Tl V'51o>A U c7��r'�rt,; L 77 Z —�3� l S. o016 9. 72 S%TiO21;�; 1o. Page 393 of 427 1C. i 9. 10. afwriul�i art PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St. be N, named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for �the facility and the community ti,» ty he served. Address 0 o F� Phone Number 17; 77�a�� Signature 4z/,,-- '-) Page 394 of 427 �}1i'tlgf•�l:er $3uFtlitittil3lit PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature 1. � t�Cu,n� I� i l li a� l s � �►r+sd►-- L S r I Ave - AA iiv4c— ei c oe, t Pt, 47,7a- 3 q,�o 3. �n5 l g� l� r�P�� rl?� 33 -3 YEk ,e - 4k 9 -�' e 3 9 2 & -- L.S 7 5. _ 6. Ro, i n- 7. ON n &1r&- I q S. 1 3 I�orT er 3 S� 7 33 _ S L s. -fin c C j-- � 77 f _ o&A -nZ Zf�( ZviZ Page 395 of 427 !`j{rllfnr fi�rr �ilEirtlnt •• ti411�t PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature 87 � [p -(7q Zq c�$Z z. L 3 +-A3 57 -1-7 Z - 34f 3 - I ~J 9 !, 3. S �� 1709 E�' df,-gr --- 3 `� r�rvLm �3 '73 -5-WJ .Jain {- ' �vC[:� L q ��' S/ S 7 aIANf, V, 5.1 '� rL r-<— 714 'iO—Y71?, t� r } �')er t c F I s. 4 s-7 9. �Qnea� ', cn< F C., 3qR -72- 5-7-3 -1C)Ca 1 Sh4'r Gv� 1�' Gas ti c N i a�� ���-2��- J 0 Page 396 of 427 � :�r!lnn+L�rr +i,it�tltut•tulit PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. 1�t�11 Name: Address Phone Number Signature �q--7a5— sw 1 �� �� 77 z- (oL, 3. Nqn)r 5. f ��,r�n% I van r e C 6. V r 7. 8.l n /� A ve q q-(2 6 tl-/ Page 397 of 427 ti w 06. y v ra � C3 a N �} U Jll � N ^•� N rn d• Page 398 of 427 t { ���-, < "_ ,.�... � � ram... PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live i5 on because of the deep affection he had for the facility and the community he served. Name: 6. ' - art � �� lr �� 9, 10, -'---751gnalure PhoneNumberAddress -q5 7- as 11 raav, lick �,�r:j4 Z/ J. ,./ "771 Ae vl� /,- 7 CAjj jr_kre. tlirp Eit.ripipi - PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to tine fit- on because of the deep affection he had for the facility and the community he served. d �►4 ,.. Name: Address Phone Number Signature 1,7�'V-) 71A() i 14) f )I I t Y�' LILL i 33 1 8. 9. 127 PETITION FOR CHANGE OF NAME k-fhe d tat the Llncoln Palk Regional Park Pool, located at North 13th St., be t lee i3oatwrlgliQ f0l this assoclation would allow his Legacy to live 0fved. he deep affection` d the community he t r d Address ; Phone Number >'z Signature 2� ! 7 1 s3 t Kx �1 cry r ill ��� 10 T JL - ' s Tom'' '3.. ` II WZ s r. NOW 52 .J AMP Page 402 of 427 PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live or: becAys.e;of the deep affection he had for the facility and the community he. served. I II PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live 11 on berau.sa of the deep affection he had for the facility and the community he served. WA Name: Address one Number Signature FameAddress C., vcc r 7 3J 2. 1 LL� NO 3. 760 k/, 3 1'-AL' Or4zv L/ 4. p(A Z "Alt" '2 6. 14 o�J-cc I CA` k, LL) 'I 7*il F=) L) I AIQ -7s Q i�L tv 2�9. Mr 7 1 PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served• 7 .arthlrf rri.ri iiivalrlrriilhl PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live 16 on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature 2. 3. 4 I '7 5. X'zU �2✓1 L2 iiCi W 1 ; IC}yks �J L Dr, /_ - •� �Z�� r / �GZL��rI�� g. { lswn (q, 2-4 Page 406 of 427 PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur tee Boatwright Pool. We feel this association would allow his ie93CY to live on because of the deep affection he had for the facility and the community he served. 7 � a�ll,u!' R6�::r �Je�;rtlurr [tlrl PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel he had or the facis association would allow llity and the community he is legacy ser edY to live on because of the deep affection I PP" 27 ' ��rfhrn- +L�rr ;rpnaErnri�lli! "A _11� PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature f/����7/'7] �J) �/J �/'-�/� PSI-) C JJ ./��/` 4� ' I ! `l; • / • ' `--� ! V I— '! hI - !y�� '/�(] Ir/�'�f/J� 7/} / 0 V ? - ! ! q e /6 �-Y I ` 2. 31' Cv W NVC� M aio tv��VA -7 -qyo 4. 5. 6. ?2176)6o t Q 7. 77Z-- 9 -&r7Z 8. 9. 10, Page 409 of 427 � << tlurri ,'�rtlprr il:rr �� r, itlit PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live .. on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature 1. -�, ( �� Sr 2. M 1Or 91>4 9;�-q 5 I dr AbA s. G. 7. 8. 9. 10. Page 410 of 427 f ,PE,T•ITION FOR cHANGE.QF NAME'.-r r E We ask t'$t�a r is I .Par#c Pool located at North 13th SL , be t a I sass iatia wouId allow ;any to live d. 4'p,Al giiy_ -:.� e� � X�3���4 xr 32-i ��•F- a F�� _ .i }... - .1 Address Plione.Number -fIgrti 'ure R - r r f` a .may `r--y•,���� _ �•.y �. �'x'� £ �$ ` �., - - �!y' • Y^`�� L A'}"'� -'- fir- ^s,: - s -`� - ��� �"''•";'rr t - rye A � - s�• r .11 �."�.a� -4"tV€�k Page 411 of 427 Y'A01)"r Wee Aftsatillri4tllt PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th 5t., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature 1. JAM o ;3ay. S"23 Fo,- wcr -- FI 3q SV 77� �8�2 �S(o 2. 3. 4. 5. 6. 7. 8. 9, 10. Page 412 of 427 � artlr:a• L'cr �i;11:ttatarii�ht PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature 1. ,,..._ W- S , , 7- 7 —1 4P� 2. 4. �Lv.VVAV 5. �f eVj 6.( r\ � � �`�� � � I'L-1 `i�G�a=GYM '71 � �`�l�- • � 9. 77Z-60 Page 413 of 427 I ;:Vrtl.r!:r -rece PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature 1. -S C�x V-1 CAtkjr(f- (4 09 A) t C1 �k -(C11- 6 �qrcf t' 3q� S � 3� - 2. V��e�1j �— C 0 4-e UTV./ 1 J7( 3 3. f U � Al,' /'100 C'--/ ;;-7- 4/6 5 - 3 77 :5 4. 5. f 11Mf-I/1J Z� V%e- V5, -'16 0 t 4�--6t-Nl -7 2- I 5 WILI FL 9YY93 lqq 9 72,24 9. V-Z v;,- f 10. --IDOVI-c , 3qqA'1 ..-I W-1 -C)q Page 414 of 427 PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature F��.. k �, I FT � ? dda J 2. 1. 3 �\ 4. Law birron 5. 3��OH Av 6. dy It- , Dtk dtlt 1Q, 1� tk-� 9. C' t 4�7 , -4 �--� 10. i JV � Page 415 of 427 I �:•t(nrr ii'�c iiin.�titirii�lit� PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature 2. �'Gl Lac ui— (G 3. v ` 4. �'�� (��11-ir--E. � �. o� -X-� /� gQ.�iRti. �� t �i � c r�✓` � S. C �Lv/1.�'�. G� � � --�,� 5. i 6. A e & l� 7. 8. 9. 10. Page 416 of 427 Artkiztr +lrr +liurttUriglTt PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Page 417 of 427 � a1•tlrtrr +!�rt +1in�t#ittrT111i} PETITION FOR CHANGE OF NAME We ask the Board that the Lincoln Park Regional Park Pool, located at North 13th St., be named the Arthur Lee Boatwright Pool. We feel this association would allow his legacy to live on because of the deep affection he had for the facility and the community he served. Name: Address Phone Number Signature 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Page 418 of 427 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners 10. D.1. 2021-52603 REGULAR AGENDA -PLANNING & DEVELOPMENT SERVICES DATE: 11/16/2021 *DISCUSSION ITEM QUASI-JUDICIAL ITEM? No Leslie Olson, Planning & Development Services Director Planning & Development Services Administrative Approval Update from PDS Director An update from the PDS Director on projects that received Administrative Approval for the month of October. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: No formal vote is necessary, this item is for discussion purposes only. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 06, 2021 Leslie Olson, Planning & Development Services Director Page 419 of 427 iVV�'� . Date: November 08, 2021 Mark Satterlee, Deputy County Administrator Page 420 of 427 TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Frank Amandro, Public Safety Assistant Director Public Safety 10.E.1. 2021-52647 REGULAR AGENDA -PUBLIC SAFETY DATE: 11/16/2021 *ACTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? No Memorandum of Understanding between Indian River State College and St. Lucie County creating a 911 Telecommunications Officer Certification Program The County will enter into a Memorandum of Understanding with Indian River State College to establish a 911 Telecommunications Officer Certification program. The parties agree to follow the guidelines of IRSC in providing college credit classes with sufficient time for students to complete the Florida Department of Health (FDOH) Public Safety Telecommunications Officer Certification program. The parties also agree that the Public Safety Department, specifically, the 911 Communications Center Division will help identify Subject Mater Experts (SME's) that can be hired as instructors by the College to provide the practicum portion of the program. Furthermore, the Public Safety Department will provide the equipment necessary to deliver the practicum courses; in other words, the real life hands-on training. The Public Safety Department will also designate personnel to monitor the quality of instruction to assure compliance with Continuing Education and the standards established by the State, SACS, and County standards. Students who successfully complete the program will receive their certification from FDOH as a Telecommunications Officer. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board to allow the Chair to execute the memorandum of understanding with Indian River State College. COMMISSION ACTION: Page 421 of 427 RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Ron Parrish, Public Safety Director Daniel McIntyre, County Attorney Coordination/Signatures Date: November 01, 2021 Date: November 08, 2021 Date: November 08, 2021 Mark Satterlee, Deputy County Administrator fr Date: November 08, 2021 Alphonso Jefferson, Deputy County Administrator Date: November 10, 2021 Howard Tipton, County Administrator Page 422 of 427 AGENDA ITEM NO, 12e September 28, 2021 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU"), dated this _ day of , 2021 ("Effective Date"), is made between ST. LUCIE COUNTY, a political. subdivision of the State of Florida ("County"), and the INDIAN RIVER STATE COLLEGE ("College"), WHEREAS, the parties to this MOU desire to establish a Public Safety Telecommunications Officer curriculum that leads to the completion of the Florida Department of Health Public Safety Telecommunications Officer Certification program; WHEREAS, under this MOU, the parties agree to follow the agreed upon guidelines of IRSC in providing college credit classes with sufficient time for the students to complete the Florida Department of Health (FDOH) Public Safety Telecommunications Officer Certification program; and WHEREAS, this program will prepare college students for a successful career and educational futures through a full integration of college and the world of work. This program will improve student academic performance and college completion rates; and WHEREAS, the purpose of this MOU is to define the responsibilities and relationships between the Parties. NOW, THEREFORE, the above listed parties hereby agree as follows: A. Duties and Responsibilities of the College hereunder shall include the following: 1. Govern the Public Safety Telecommunication Officers Certification program; 2. Deliver open enrollment continuing education courses according to its regularly published schedule, or as otherwise agreed to by the parties; 3. Provide instructors, curriculum development, instructor and student course materials, visual aids, necessary supporting staff, certifications of completion and other instructional support services as agreed to by the parties for the classroom portion of the program; 4. Produce and distribute sign -in sheets and student course evaluations; 5. Ensure that course guidelines are followed; 6. Apply standards of expectation and assessment uniformly in all venues where the College offers courses; 7. Designate personnel to monitor the quality of instruction in order to assure compliance with Continuing Education and the standards established by the State, SACS, and the College; 8. Pay salaries of adjunct instructors who teach college courses and/or assist the County with administrative or recruitment duties; I Page 423 of 427 9. At the completion of the classroom and practicum portions of the program, proctor the FDOH certification test. B. Duties and Responsibilities of County hereunder shall include the following: 1. Assist in identifying Subject Matter Experts (SME's) that can be hired as instructors by the College and with curriculum development, instructor and student course materials, visual aids, necessary supporting staff, certifications of completion and other instructional support services as agreed to by the parties for the practicum portion of the program; 2. Provide and set up equipment as necessary to deliver the practicum courses; 3. Produce and distribute sign -in sheets and student course evaluations; 4. Ensure that course guidelines are followed; 5. Designate personnel to monitor the duality of instruction in order to assure compliance with Continuing Education and the standards established by the State, SACS, and the County's standards; Instructor Evaluation: Both parties shall enlist the expertise of instructors whose subject matter qualifications are verifiable by education, professional certifications(s), and/or references. In addition, the participants in each class shall evaluate each instructor(s). The target evaluation score is an aggregate 90% approval rating for all classes delivered. Instructors scoring less than 75% approval on the evaluation summary will no longer be engaged by the College or the County to provide instruction of the certification program. Di. Postponing Classes: The parties agree to reschedule dates for services in the event either party experiences emergencies such as acts of God, strikes, critical workloads, or any similar problem beyond the control of the parties that results in the non -available of personnel. E. Term and Termination: The Term of this MOU shall begin on the Effective Date and extend indefinitely; provided, however, that either Party hereto may terminate this MOU, at any time and for whatever reason, by serving upon the other Party hereto a ninety-(90) day written notice to that effect in advance. F. Disputes: 2 Page 424 of 427 Both parties agree to make good faith efforts to resolve disputes at the lowest level possible. If a dispute should arise as to the adequacy of performance of this Agreement, it shall be resolved promptly by conference of authorized representatives of both parties. If the matter cannot be resolved, the parties shall submit the matter to the County Administrator and President of the College for resolution. In the unlikely event, that such dispute cannot be resolved to the satisfaction of both parties at the Administrator/President level, the parties may agree to submit the matter to binding arbitration in accordance with the rules of the American Arbitration Association then in effect. Each party shall be responsible to pay one-half of the fees and expenses of the arbitrator. G. Notices: All notices or other communications hereunder shall be in writing and sufficiently given if delivered in person or sent by U.S. Mail, addressed as follows: To: COUNTY: Director 15305 Midway Road Fort Pierce, Florida 34945 To: INDIAN RIVER STATE COLLEGE: President / Dean 3209 Virginia Avenue Fort Pierce, FL 34981 To the extent permitted by law, and without waiving sovereign immunity, each Party to this MOU shall be responsible for any and all claims, demands, suits, actions, damages, and causes of action related to or arising out of or in any way connected with its own actions, and the actions of its personnel, pursuant to the terms and conditions of this MOU. 1. Each Party shall be solely responsible for determining that its insurance is current and adequate prior to providing assistance under this MOU. JJ This MOU constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior verbal or written agreement between the Parties with respect hereto. K This MOU may only be amended by a written document, properly authorized, executed and delivered by the Parties hereto. L, All interpretations shall be governed by the laws of the State of Florida. 93 Page 425 of 427 i i ilv WITNESS WHEREOF, authorized officials. WITNESS: the Parties have caused the execution by their duly ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Chris Dzadovsky, Chair INDIAN RIVER STATE COLLEGE Name, Title 4 Page 426 of 427 I WITNESS WHEREOF, the Parties have caused the execution by their duly authorized officials. WITNESS: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS WITNE S: Chris Dzadovsky, Chair T Ph.D., President E 4 Page 427 of 427