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Agenda Packet 10.16.2018
T. ®lI COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, October 16, 2018 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. 4, Chair FRANNIE HUTCHINSON District No. 3, Vice -Chair LINDA BARTZ District No. 1 CHRIS DZADOVSKY District No. 2 ANTHONY BONNA District No. 5 CATHY TOWNSEND Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Generated 1011512018 4:16 PM Regular Meeting Tuesday, October 16, 2018 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. General comments in support or opposition to candidates for public office are not pertinent to the Board's duties. 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. 2 1 P a g e Regular Meeting Tuesday, October 16, 2018 9:00 AM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Thursday, September 20, 2018 B. Board of County Commissioners minutes for the meeting of Tuesday, October 02, 2018 5. PROCLAMATIONS APPROVAL A. Resolution - Proclaiming October 2018 as "Disability Employment Awareness Month" in St. Lucie County, Florida B. Resolution - Proclaiming the month of October 2018 as "Breast Cancer Awareness Month" and Saturday, October 20, 2018 as "Making Strides Against Breast Cancer Day" in St. Lucie County, Florida C. Resolution - Recognizing the Port St. Lucie Business Women organization and proclaiming October 14-20, 2018 as "National Business Women Week" in St. Lucie County, Florida D. A resolution recognizing Judi Miller for her outstanding community service contributions to St. Lucie County Add -On 6. PUBLIC COMMENT (excluding Public Hearing items) 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 52, 53 & 1 B. ADMINISTRATION 3 1 P a g e Regular Meeting Tuesday, October 16, 2018 9:00 AM 1. 2019 Treasure Coast Sports Commission Grant Agreements Staff recommends Board approval of the 2018 / 2019 grant agreements for the Treasure Coast Sports Commission for a total amount of $205,000.00 and authorization of the Chair to sign the contracts as drafted by the County Attorney. 2. Tentative 2018 Meeting Schedule Add -On Staff recommends the Board confirm the tentative special, regular and informal meeting dates for the remainder of 2018. C. AIR & SEA PORT There are no items scheduled. D. COUNTY ATTORNEY 1. Resolution - Recommending Oculus Surgical, Inc. be Approved as a Qualified Target Industry Business Staff recommends the Board adopt the proposed resolution as drafted. 2. Oculus Surgical, Inc. -Job Growth Incentive Grant (JGIG) Agreement Staff recommends the Board approve the proposed Job Growth Incentive Grant Agreement with Oculus Surgical, Inc., and authorize the Chair to sign the agreement. 3. Resolution - Establishing Port of Fort Pierce Rates Staff recommends that the Board adopt the resolution and approve the usage of a Dockage Agreement as drafted by the County Attorney and authorize the Chair to sign the resolution. 4. Resolution - Approving Amended & Restated Facilities Use Agreement with Safe Space, Inc. Staff recommends the Board adopt the proposed resolution approving the Amended & Restated Facilities Use Agreement with Safe Space, Inc., and authorize the Chair to sign the resolution and the Amended & Restated Facilities Use Agreement. 5. Supervisor of Elections - Lease with Orange Blossom Investment, LLC - Option to Extend Lease Term Add -On Staff recommends that the Board exercise the five year option as provided in the Fifth Lease Addendum and authorize the County Administrator to notify the Landlord before October 31, 2018. VIIIIIIIIIIIIIIII 4191AlI 1&0101W&UZW["I There are no items scheduled. 4 1 P a g e Regular Meeting Tuesday, October 16, 2018 9:00 AM F. COURT ADMINISTRATION There are no items scheduled. G. ENVIRONMENTAL RESOURCES There are no items scheduled. H. FACILITIES There are no items scheduled. I. HUMAN RESOURCES There are no items scheduled. J. INFORMATION TECHNOLOGY There are no items scheduled. K. LIBRARY SERVICES There are no items scheduled. L. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. M. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. N. PARKS & RECREATION 1. Busch Family Foundation Concert Staff recommends Board authorization to waive $3750.00 for the rental fees for Adams Arena for the 2019 Peter W. Busch Family Foundation Concert to be held at the St. Lucie County Fairgrounds as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. 2. 1st Amendment to Contract #C16-11-706 - iVox Solutions Staff recommends the Board approve the First Amendment to Contract #C16-11-706, use agreement at First Data Field with iVox Solutions, as drafted by the County Attorney and authorize the Chair to sign the agreement. O. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. 5 1 P a g e Regular Meeting Tuesday, October 16, 2018 9:00 AM P. PUBLIC SAFETY 1. Hurricane Irma Federally Funded Public Assistance State Agreement Pulled Prior to Meeting Q. PUBLIC WORKS 1. San Lucie Plaza Drainage Improvements - Basin 2A Project Acceptance Staff recommends Board acceptance of the San Lucie Drainage Improvements - Basin 2A project, release of final payment in the amount of $57,986.05 and authorization for the Chair to sign documents as approved by the County Attorney. 2. Resolution - Iroquois/Navajo Municipal Services Benefit Unit (MSBU) Staff recommends Board approval of the Iroquois/Navajo MSBU Initial Assessment resolution and authorization for the Chair to sign documents as approved by the County Attorney. 3. Mount Bethel Ministry Staff recommends Board authorization to release the Performance Bond in the amount of $261,074.73. 4. Seminole Road Emergency Culvert Replacement - Acceptance of Project Staff recommends Board acceptance of the Seminole Road Emergency Culvert Replacement and approval to transfer funds. R. SHERIFF'S OFFICE 1. 2018 State Criminal Alien Assistance Program (SCAAP) Grant Staff recommends the Board approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2018 State Criminal Alien Assistance Program (SCAAP) Grant. 2. Request for distribution from the Law Enforcement Trust (LET) Fund in the amount of $79,000.00 for budget year 2017-2018 Staff recommends approval of the Sheriff's budget amendment and transfer of funds in the amount of $79,000.00. S. SOLID WASTE There are no items scheduled. There are no items scheduled. 6 1 P a g e Regular Meeting Tuesday, October 16, 2018 9:00 AM U. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. V. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS A. PUBLIC WORKS 1. Resolution - Canoe Creek Municipal Services Benefit Unit Notice of Intent Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Canoe Creek Municipal Services Benefit Unit. 2. Resolution -Hatcher Municipal Services Benefit Unit Notice of Intent Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Hatcher Municipal Services Benefit Unit. 3. Resolution - Lakewood Park 2 Municipal Services Benefit Unit Notice of Intent Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Lakewood Park 2 Municipal Services Benefit Unit. 4. Resolution - LWP Drainage Municipal Services Benefit Unit Notice of Intent Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Lakewood Park (LWP) Drainage Municipal Services Benefit Unit. 5. Resolution - Mura Municipal Services Benefit Unit Notice of Intent Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Mura Municipal Services Benefit Unit. 6. Resolution - North Hutchinson Island Municipal Services Benefit Unit Notice of Intent for 2018 Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the North Hutchinson Island Municipal Services Benefit Unit. 7. Resolution - Property Clean-up Municipal Services Benefit Unit Notice of Intent Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Property Clean-up Municipal Services Benefit Unit. 8. Resolution - Rainbow Drive 1 Municipal Services Benefit Unit Notice of Intent Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution 7 1 P a g e Regular Meeting Tuesday, October 16, 2018 9:00 AM for the Rainbow Drive Municipal Services Benefit Unit. 9. Resolution - Rainbow Drive 2 Municipal Services Benefit Unit Notice of Intent Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Rainbow Drive 2 Municipal Services Benefit Unit. 10. Resolution - River Hammock Municipal Services Benefit Unit Notice of Intent Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the River Hammock Municipal Services Benefit Unit. 11. Resolution - Sabal Creek Municipal Services Benefit Unit Notice of Intent Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Sabal Creek Municipal Services Benefit Unit. 12. Resolution - Saint James Municipal Services Benefit Unit Notice of Intent Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Saint James Municipal Services Benefit Unit. 13. Resolution - Towns Villages and Countryside Municipal Services Benefit Unit Notice of Intent Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Towns Villages Countryside Municipal Services Benefit Unit. 14. Resolution - Treasure Coast Air Park Municipal Services Benefit Unit Notice of Intent Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Treasure Coast Air Park Municipal Services Benefit Unit. 15. Resolution - Yates Road Municipal Services Benefit Unit Notice of Intent Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Yates Road Municipal Services Benefit Unit. 10. REGULAR AGENDA There are no items scheduled. 11. ANNOUNCEMENTS A. The Indian River Lagoon Science Festival is being held on Saturday, October 27, 2018 from 10am - 3pm at Veterans Memorial Park (River Walk) located at 600 N Indian River Drive, Fort Pierce, 34950. It is a FREE festiva featuring hands-on activities from exhibitors across the Treasure Coast, stage performances, procession of the species parade, raffles and much more! Contact Erin Lomax at 772-465-3271 with any questions. Regular Meeting Tuesday, October 16, 2018 9:00 AM B. The Board of County Commissioners will hold a Special meeting on Tuesday, October 30, 2018 at 1pm in the Commission Chambers of the Roger Poitras Administration Annex, located at 2300 Virginia Ave., Fort Pierce, FL on RFQ No. 18-049 Operation & Development of the Former Indian River Terminal at the Port of Ft. Pierce. Required by Section 286.0113, FL Statutes, the Board will hear the Proposers' presentations & engage in question & answer sessions, in closed, exempt meetings to be held in CR3. C. The Board of County Commissioners will hold a Special Informal meeting on tuesday, November 13, 2018 at 2pm in Conference Room 3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold a Regular meeting on Tuesday, November 13, 2018 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioners will hold a Special meeting on Wednesday, November 14, 2018 at 6pm in the Commission Chamber of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL on RFQ No. 18-049 Operation & Development of the Former Indian River Terminal at the Port of Fort Pierce. F. The Board of County Commissioners will hold their Annual Reorganization meeting on Tuesday, November 20, 2018 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. G. The Board of County Commissioners will hold a Regular meeting on Tuesday, November 27, 2018 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN 9 1 P a g e 4.A T. LUr@1lE COUNTY FLO RI D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Final Budget Hearing September 20, 2018 Convened: 6:02 PM Adjourned: 6:36 PM 1. 2 CALL TO ORDER The meeting was called to order at 6:02 PM by District No. 4, Chair Frannie Hutchinson Attendee Name JW Title District No. 4, Chair District No. 3, Vice -Chair District No. 1 District No. 2 District No. 5 s Arrived Frannie Hutchinson Present 6:00 PM Linda Bartz Present 6:00 PM Chris Dzadovsky Present 6:00 PM Anthony Bonna Present 6:00 PM Cathy Townsend Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Mark Satterlee Deputy Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Jeffrey Bremer Deputy Administrator Present 6:00 PM Don West Public Works Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Jennifer Hill Office of Management and Budget Director Present 6:00 PM Sophia Holt Budget Manager Present 6:00 PM Ken J. Mascara Sheriff Present 6:00 PM Brittany Jones Recording Secretary Present 6:00 PM 3. INVOCATION PLEDGE OF ALLEGIANCE Generated 101112018 3:50 PM Packet Pg. 10 4.A Final Budget Hearing Thursday, September 20, 2018 6:00 PM 4. PUBLIC HEARING ON THE FINAL BUDGET FOR FISCAL YEAR 2018-2019 The purpose of the public hearing is to adopt the Final Millage Rates and a Budget for fiscal year 2018-2019 Chairman Hutchinson began by advising the public that staff from the Property Appraiser's office and the Office of Management and Budget are available to answer any questions. A. Discussion and reading of the Rolled -Back Rate. The Rolled -Back Rate is 8.4104. The Proposed Aggregate Millage rate is 8.8934, which is 5.74% above the Rolled -Back Rate. U) The OMB Director started by explaining a few key budgeting terms that will be used throughout the presentations. Next, the OMB Director stated the tentative aggregate millage rate for FY z 2018-2019 is 8.8934 mills. She stated this is a 0.18% decrease from the current fiscal year 2017- U_ 2018 aggregate millage rate of 8.9097 or a 5.74% increase from the FY 2018-2019 aggregate 0 J rolled -back rate of 8.4104 mills. 0 B. Budget Presentation a The County Administrator overviewed the previous steps in the budget process up to this point. Q He stated the final proposed budget for fiscal year 2018-2019 is $546,309,510. a Next, the OMB Director described the changes and adjustments that have been made to the budget since the tentative budget hearing. She stated the proposed budget reflects a $10.9 million decrease from the adopted fiscal year 2018 budget. She also stated that all millage rates will remain the same as the previous year and the proposed aggregate millage rate is 8.8934. The OMB Director recapped the prior workshops and budget meetings, including discussion held at the last informal meeting on September 11, 2018. She stated the goal of this hearing is to adopt the final millage rates and final budget. However, there are two items on the November ballot that may impact the budget and the Board plans to discuss the budget following the election at the December informal meeting. Continuing on, the OMB Director detailed several of the challenges that the County faces with addressing priorities and unmet needs as it relates to the budget. She went on to specify the budget for several different funds including the general/fine & forfeiture fund, mosquito control fund, erosion fund, utilities fund, solid waste fund as well as major capital projects. Examples of tax impacts for homestead properties and non -homestead properties were explained. The County Administrator briefly detailed the half -cent local surtax that will be on the November ballot, including the possible revenue it could generate and a summary of the project list. Lastly, he summed up by saying the County is operating with fewer employees than in prior years and that despite property values being below the levels seen in 2008, the overall state of the County is good and getting stronger. 2 1 P a g e Packet Pg. 11 Final Budget Hearing Thursday, September 20, 2018 4.A 6:00 PM C. 713 E. F. Millages and Budgets (Note: Only millages will be read into the record. Fund budgets are proposed as listed on the attached resolution). The OMB Director read into the record the final millage rates for fiscal year 2018-2019. Fund Name FY 19 Tentative Millage Rate General Fund 4.1077 Fine & Forfeiture Fund 3.4538 MUNICIPAL SERVICES TAXING UNITS Unincorporated Services Fund 0.3840 Drainage Maintenance MSTU 0.3497 Law Enforcement MSTU 0.9103 Parks MSTU Fund 0.2313 SLC Public Transit MSTU 0.1269 MOSQUITO CONTROL DISTRICT Mosquito Fund 0.2164 EROSION DISTRICT Erosion Control Operating Fund 0.0925 General Public Comment Chairman Hutchinson opened the hearing for public comment at this time. Allison Barajas, 911 Jackson Way, expressed concerns towards the Local Arts Agency's contract extension and asked for the status of that item as well as a status on the audit. The County Administrator provided answers. There being no one further wishing to address the Board, Chairman Hutchinson closed public comment. Board Discussion of the Millage Rates and Budget The Board did not have any questions or comments. Resolution Adopting the FY 2018-2019 Final Millage Rates A motion was made to adopt the Final Millage Rates for fiscal year 2018-2019 and the motion was seconded. Upon roll call, the motion carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend a w z E U_ O J Q O W IL a- Q 3 1 P a g e Packet Pg. 12 4.A Final Budget Hearing Thursday, September 20, 2018 6:00 PM G. Resolution Adopting the FY 2018-2019 Final Budget A motion was made to adopt the Final Budget for fiscal year 2018-2019 and the motion was seconded. Upon roll call, the motion carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Bonna, District No. 2 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend T S. MOTION TO ADJOURNLu z There being no further business to be brought before the Board, the meeting was adjourned. U_ 0 J Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. W a a Q 4 1 P a g e Packet Pg. 13 4.6 T. L(§r@pE COUNTY FLO RI D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting October 2, 2018 Convened: 6:01 PM Adjourned: 7:06 PM 1. CALL TO ORDER The meeting was called to order at 6:01 PM by District No. 4, Chair Frannie Hutchinson Attendee Name JW Title District No. 4, Chair District No. 3, Vice -Chair District No. 1 District No. 2 Arrived Frannie Hutchinson Present 6:00 PM Linda Bartz Present 6:00 PM Chris Dzadovsky Present 6:00 PM Anthony Bonna Present 6:00 PM Cathy Townsend District No. 5 Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Jeffrey Bremer Deputy Administrator Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Don West Public Works Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Jennifer Hill Office of Management and Budget Director Present 6:00 PM Bethany Grubbs Planner Present 6:00 PM Linda Pendarvis Planner Present 6:00 PM Edmund Bas Assistant County Engineer Present 6:00 PM Brittany Jones Recording Secretary Present 6:00 PM 2. INVOCATION The County Administrator led the invocation. U) W Z W O J Q O W a. a Q Generated 101412018 9:17 AM Packet Pg. 14 4.13 Regular Meeting Tuesday, October 2, 2018 6:00 PM 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A motion was made to approve both sets of minutes and the motion carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend S. Q A. Board of County Commissioners minutes for the meeting of Thursday, September 06, 2018 B. Board of County Commissioners minutes for the meeting of Tuesday, September 18, 2018 PROCLAMATIONS APPROVAL A. Resolution - Proclaiming October 2018 as "National Domestic Violence Awareness Month" 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. Chairman Hutchinson presented the proclamation to Tracy Levy, the Director of Development for SafeSpace, who accepted it with gratitude and thanked the Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend PUBLIC COMMENT (excluding Public Hearing items) Chairman Hutchinson opened the meeting for public comment at this time. Brandon Tucker, Governing Board member of the South Florida Water Management District, shared information and concerns regarding the federal funding the State of Florida will receive this year for the Comprehensive Everglades Restoration Plan (CERP) and the status of work on the C-23, C-24 and C- 25 canals. There being no one further wishing to address the Board, Chairman Hutchinson closed public comment. in w z E U_ 0 J Q 0 W IL a- Q 2 1 P a g e Packet Pg. 15 4.13 Regular Meeting Tuesday, October 2, 2018 6:00 PM 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA A motion was made to adopt the consent agenda with the amendment that items 8.Q.1. and 8.D.9. were pulled. The motion was seconded and it carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Anthony Bonna, District No. 2 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend A. WARRANTS 1. Warrant Lists 50 & 51 B. ADMINISTRATION There are no items scheduled. C. AIR & SEA PORT 1. Foreign Trade Zone #218 Expansion D. COUNTY ATTORNEY 1. Amended Procedures for St. Lucie County Fairgrounds 2. Declarations of the St. Lucie County Public Safety Director Declaring a State of Local Emergency for Hurricane Irma 3. Resolution - Proclaiming September 21, 2018 as "POW/MIA Recognition Day" in St. Lucie County, Florida 4. Funding Request for a Case Manager for Mental Health Court 5. Approve Jail Diversion Contract with New Horizons of the Treasure Coast 6. Interagency Agreement with the Florida Department of Juvenile Justice for the Operation of the Juvenile Assessment Center for FY 2018-2019. 7. Donation Agreement with Martin County 8. National Association of Procurement Officers (NASPO) Contract 6 w Z M LL O J Q O W a a Q 3 1 P a g e Packet Pg. 16 4.13 Regular Meeting Tuesday, October 2, 2018 6:00 PM 9. RES-2018-177 has been moved to REGULAR AGENDA E. COMMUNITY SERVICES 1. Permission to Advertise - Request for Qualifications (RFQ) for Multi -Family Rental Development 2. Non -Profit Outside Agency Grant Agreements F. COURT ADMINISTRATION There are no items scheduled. G. ENVIRONMENTAL RESOURCES There are no items scheduled. H. FACILITIES There are no items scheduled. I. HUMAN RESOURCES There are no items scheduled. J. INFORMATION TECHNOLOGY There are no items scheduled. K. LIBRARY SERVICES 1. Friends of the Library -Facilities Fee Waiver 2. State Aid to Libraries - Fiscal Year 19 L. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. M. OFFICE OF MANAGEMENT & BUDGET 1. Tax Collector Advance Request 2. Supervisor of Elections Advance Request N. PARKS & RECREATION 1. Award RFP No.18-057 Museum Pointe Park Boat Tours 2. Mustard Seed Ministries Fee Waiver 6 w z E U_ O J Q O W a a Q 4 1 P a g e Packet Pg. 17 4.13 Regular Meeting Tuesday, October 2, 2018 6:00 PM 3. Waiver for State of the Jobs Conference O. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. P. PUBLIC SAFETY There are no items scheduled. Q. PUBLIC WORKS U) w 1. Item Pulled from Consent Z_ 2. Cumberland Farms U- O R. SHERIFF'S OFFICE Q O There are no items scheduled. a a Q S. SOLID WASTE a There are no items scheduled. o There are no items scheduled. U. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. ►���>tIIIkII*i There are no items scheduled. 9. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES 1. Resolution - Harbour Ridge Gilson Tower Conditional Use Permit for a 100-foot telecommunication tower within the Harbour Ridge Planned Unit Development (PUD) Zoning District Linda Pendarvis, Development Review Coordinator, presented this item. The applicant's attorney, Mary Solik, submitted a request on September 201" for a continuance from the October 2, 2018 meeting to the November 13, 2018 meeting. Chairman Hutchinson opened the hearing for public comment at this time. 5 1 P a g e Packet Pg. 18 Regular Meeting Tuesday, October 2, 2018 6:00 PM 4.13 Clarence Abrahams, 2435 Lakeridge Dr, asked questions in regards to the continuance and expressed he is in favor of denying the proposed application. Staff answered his questions. There being no one further wishing to address the Board, Chairman Hutchinson closed public comment. It was noted that this item is quasi-judicial and the following disclosures were given: • Commissioner Bonna stated no new disclosures • Commissioner Bartz stated no new disclosures 6 w • Commissioner Townsend stated no new disclosures D z E • Commissioner Dzadovsky stated no new disclosures U_ 0 • Chairman Hutchinson stated no new disclosures Q 0 A motion was made to continue the public hearing to November 13, 2018 at 6:00 pm or a as soon thereafter. The motion to continue was seconded and passed unanimously. The a - public hearing will be heard on November 13, 2018 at 6:00 pm or as soon thereafter as the item made be heard. a - RESULT: CONTINUED [UNANIMOUS] Next: 11/13/2018 6:00 PM MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 2. Resolution - Harbour Ridge Gilson Tower Variance from Section 7.10.23(N) Telecommunication Tower Siting separation/height of the required 750 foot from a habitable residential structure and from vacant residentially zoned land for a 100 foot tower. The Development Review Coordinator stated the applicant's attorney, Mary Solik, submitted a request on September 20t" for a continuance from the October 2, 2018 meeting to the November 13, 2018 meeting. Chairman Hutchinson opened the hearing for public comment at this time. There being no one further wishing to address the Board, Chairman Hutchinson closed public comment. A motion was made to continue the public hearing to November 13, 2018 at 6:00 pm or as soon thereafter. The motion to continue was seconded and passed unanimously. The public hearing will be heard on November 13, 2018 at 6:00 pm or as soon thereafter as the item made be heard. 6 1 P a g e Packet Pg. 19 4.13 Regular Meeting Tuesday, October 2, 2018 6:00 PM RESULT: CONTINUED [UNANIMOUS] Next: 11/13/2018 6:00 PM MOVER: Linda Bartz, District No. 3, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 3. Resolution — A Resolution Granting a Major Adjustment to an Existing Conditional Use Permit for Capron Trail Mine (FKA Stewart Industries/Strazzulla Bros, Inc.) to Allow for the Expansion of the Conditional Use Boundary of a Mine in the AG-1, (Agricultural —1 DU/AC) Zoning District for Certain Property Located in St. Lucie County, FL This item was presented by Bethany Grubbs, Planner. The petitioner, Stewart Materials, w LLC, has applied for Major Adjustment to Conditional Use Permit approval for a sand and coquina rock mining operation. The purpose of this adjustment is to obtain a ? boundary expansion of approximately 284 acres to mine the remaining portion of the U_ site where resources have been identified. The existing mining uses remain unchanged 0 from those active today, approved with the initial conditional use. No conditions have > changed other than depletion of existing mining reserves. a a Notice of the public hearing was advertised in the St. Lucie News Tribune on September Q 201", a sign was placed on the property and notices were mailed out to surrounding a property owners. o The property is located within the AG-1 (Agricultural - 1 du/ac) zoning district. The subject parcel is located at the north-west intersection of 1-95 and Indrio Road. This particular use was authorized under the provisions of Section 3.01.03(C)(7)(i) - Mining and quarrying of nonmetallic minerals, except fuel. As identified on the site drawings prepared by Kleinfelder, date stamped by the Planning Department on August 20, 2018, the applicant is proposing to expand the conditional use boundary to incorporate an additional 284.58 acres on the south-west portion of the site. With approval of this petition, the entire 1,938.35 acre site will be encompassed within the conditional use permit. Concurrent with this request for a Conditional Use Adjustment, the applicant has applied to the St. Lucie County Engineering Department for a Class II Mining Permit. Prior to commencing any mining operation, a mining permit must be approved by the St. Lucie County Board of County Commissioners. A Class II Mining Permit is issued for a period of not more than 20 years. As previously noted, the entire site consists of 1,938.35 acres. Four tracts are proposed to be mined, Tracts 4C, 4D, 5 and 6. Tracts 5 and 6, the sand mine, present an estimated annual output of 1,000,000 tons per year, depending on market demand. Tracts 4C and 4D are identified for coquina rock mining, with an estimated annual output of 300,000 tons per year. Mining of all tracts is proposed to commence upon approval of all permit applications. 7 1 P a g e Packet Pg. 20 Regular Meeting Tuesday, October 2, 2018 6:00 PM 4.13 Staff recommended the Board adopt the resolution approving this request for a major adjustment to the conditional use permit, subject to the conditions outlined in the resolution. Chairman Hutchinson opened the hearing for public comment at this time. Rod Jones, Director of Development for Stuart Materials, stated he was present to answers any questions. Commissioner Dzadovsky asked him how long the mine has been in operation, if there have been any problems and asked what steps are being taken to not affect the nearby wetlands or eagle nest. Mr. Jones provided answers. w There being no one further wishing to address the Board, Chairman Hutchinson closed public comment. Z E It was noted that this item is quasi-judicial and the following disclosures were given: U_ 0 J • Commissioner Dzadovsky stated he has received a letter and phone call from the Q p Wynne Building Corporation and spoke with staff a- a- Q • Commissioner Townsend stated he has received a letter and phone call from the Wynne Building Corporation and spoke with staff a- • Commissioner Bonna stated he has received a letter and phone call from the Wynne Building Corporation and spoke with staff • Commissioner Bartz stated he has received a letter and phone call from the Wynne Building Corporation and spoke with staff • Chairman Hutchinson stated he has received a letter and phone call from the Wynne Building Corporation and spoke with staff A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Anthony Bonna, District No. 2 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend �1II.]IUa T[91:431 1. Capron Trail Public Hearing Edmund Bas, Assistant County Engineer, presented this item. The Capron Trails Mine is situated west of 1-95 and north of Indrio Road. This mine has been historically operated by Dickerson Materials. The operation of the mine has been turned over to Stewart Materials, LLC a couple years ago. The property owner remains unchanged. 8 1 P a g e Packet Pg. 21 Regular Meeting Tuesday, October 2, 2018 6:00 PM 4.B Stewart Materials, LLC was approved for a short-term 5-year mining permit on December 6, 2016, as they transitioned into operating the mine. They desire a new Class II, 20-year mining permit with the addition of new sand pits, Tract 5 and 6, at the western section of the property. Tract 5 has a total mining area of 165.1 acres, and Tract 6 has a total mining area of 74.1 acres. The mining areas will be stripped of grass and other vegetation. The overburden will be excavated using track hoes, front end loaders and draglines to create a body of water large enough to float a dredge and maintain a water level sufficient for dredging operation. The underlying sand materials will be removed by a floating dredge and pumped to the existing sand processing facility. The mining operations for Tracts 1 and 4 that were permitted in December of 2016 will be allowed to continue under this permit. These mining areas are a combined coquina/shell and sand excavation operations. The remaining areas to be mined will be dewatered with the groundwater being discharged to the perimeter recharge ditches. The underlying sand materials will be removed by a floating dredge and pumped to the existing sand processing facility. The reclamation of the respective lakes shall commence following completion of the mining operations. The lakes will be surrounded by gently sloping littoral zones and upland buffers. Upon completion of the shoreline grading, littoral zones and upland areas will be stabilized, planted and maintained. Plant materials shall be in conformance with the approved mining plans. Correspondence to all of the neighboring property owners within a 500-foot radius of the mine has been sent advising of the proposed Class II 20-year permit application and of tonight's public hearing. Notice has been advertised in the Fort Pierce Tribune as well. To date, no calls have been received. This site has operated without complaints for many years. The proposed permit has 12 general conditions and 33 special conditions. The Assistant County Engineer briefly detailed several of the conditions. Staff recommended Board approval of the request for a new 20-year mining permit for the Capron Trails Mine subject to the conditions outlined in the resolution. Chairman Hutchinson opened the hearing for public comment at this time. There being no one wishing to address the Board, Chairman Hutchinson closed public comment. A motion was made to approve staff recommendation and it passed unanimously. U) w z w 0 J a 0 a a a 9 1 Packet Pg. 22 Regular Meeting Tuesday, October 2, 2018 6:00 PM 4.13 RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Stewart Mining - Mining Extraction Fee Agreement w The County Attorney presented this item. This agenda item is related to consideration of Z a Class II Mining Permit for the Capron Trails Mine, which is scheduled for Board review M on October 2, 2018. As part of the request for a mining permit, Stewart Mining has o proposed to pay to the County a mining extraction fee of $.05 per ton of mined material Q extracted and sold from the site which can be used for environmental enhancement and o conservation programs deemed appropriate by the County. a- Q Staff recommended that the Board approve the Mining Extraction Fee Agreement and authorize the Chair to sign the agreement. a A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 2. Resolution - A resolution supporting the Bluefield and Scott Dispersed Water Projects as well as the continuance of the Ideal 1000 Water Farm. This item was presented by the County Attorney. It has been requested that this Board show their support for the Bluefield and Scott Dispersed Water Projects as well as the continuance of the Ideal 1000 Water Farm and strongly encourage the South Florida Water Management District to implement these projects as expeditiously as possible. A resolution has been drafted for that purpose. The County Attorney stated he received a call from a representative of the South Florida Water Management District who expressed some concerns. Staff recommended that the Board adopt the resolution and authorize the Chair to sign the resolution. Commissioner Townsend said she also spoke with the representative who informed her that the District is ok with this item after having further discussions on it. 10 1 Packet Pg. 23 Regular Meeting Tuesday, October 2, 2018 6:00 PM 4.13 Commissioner Dzadovsky expressed he had some reservations on this item as he does not wish any funding or attention be detracted from the projects for the C-23, C-24, and C-25 canals. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Anthony Bonna, District No. 2 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 3. Celebration Point Roadway Improvements Item pulled from Consent Agenda. 4. Resolution - Martin Health System Economic Development Incentives Item was pulled for presentation and separate vote. Chairman Hutchinson requested to have this item pulled for a brief announcement. Peter Jones, SLC Economic Development Manager, introduced Pete Tesch who is the President of the Economic Development Council (EDC). Mr. Tesch introduced Rob Lord, Rebecca Phillips and Maria Colby, all from Martin Health System. Together they spoke on the need for one centralized center for neurology care, shared some statistics that back that need, and shared news of plans for a Neuroscience Center for Excellence by Martin Health System to be built in Tradition. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Anthony Bonna, District No. 2 AYES: Hutchinson, Bartz, Dzadovsky, Bonna, Townsend 11. ANNOUNCEMENTS Commissioner Townsend requested from staff that there be a discussion on electronic signs at a future informal meeting. A. The Board of County Commissioners will hold an Informal meeting on Tuesday, October 9, 2018 in Conference Room 3 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, October 16, 2018 in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. w z M w O J a O W a a a 11 1 Packet Pg. 24 Regular Meeting Tuesday, October 2, 2018 6:00 PM 4.13 C. The Indian River Lagoon Science Festival is being held on Saturday, October 27, 2018 from 10am - 3pm at Veterans Memorial Park (River Walk) located at 600 N Indian River Drive, Fort Pierce, 34950. It is a FREE festiva featuring hands-on activities from exhibitors across the Treasure Coast, stage performances, procession of the species parade, raffles and much more! Contact Erin Lomax at 772-465-3271 with any questions. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 6 w z E U_ O J Q O W IL a- Q 12 1 Packet Pg. 25 5.A ITEM NO. RES-2018-180 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: Daniel S. McIntyre, County Attorney County Attorney DATE: 10/16/2018 *PROCLAMATIONS APPROVAL Resolution - Proclaiming October 2018 as "Disability Employment Awareness Month" in St. Lucie County, Florida BACKGROUND: It has been requested that this Board proclaim the month of October 2018 as "Disability Employment Awareness Month" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures iDanieYs. McIntyre, County ttorney 10/1/2018 Packet Pg. 26 5.A.a RESOLUTION A RESOLUTION PROCLAIMING THE MONTH OF OCTOBER, 2018, AS "DISABILITY EMPLOYMENT AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Residents of St. Lucie County benefit from the efforts of employees and volunteers of St. Lucie County. 2. St. Lucie County Commissioners and staff realize individuals with intellectual and developmental disabilities have the capacity to positively contribute to the economy of St. Lucie County and help promote a vibrant community. 3. St. Lucie County Commissioners along with the St. Lucie County School Board provided an opportunity for students with disabilities to create a coffee kiosk in the St. Lucie County Administration building. The kiosk, known as Student Perks, is manned by students from Port St. Lucie High School and has increased awareness of the abilities of people with disabilities. 4. St. Lucie County's collaboration with Student Perks' Enterprise was recognized and awarded the National Association of Counties (NACo) Award, a nationally recognized award that Counties earn by promoting community -based services and opportunities. 5. St. Lucie County Commissioners recognize and support all residents with disabilities and announces Octoberas Disability Employment Awareness Month (DEAM) in St. Lucie County to recognize and raise awareness about disability employment issues and celebrate the many contributions of people with disabilities. 6. Recognizing Octoberas Disability Employment Awareness Month (DEAM) will reinforce the value and talent people with disabilities add to our workplaces and our community's commitment to an inclusive community. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim October 2018 as Disability Employment Awareness Month in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 16t" day of October 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: IyA County Attorney Packet Pg. 27 5.B ITEM NO. RES-2018-181 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney DATE: 10/16/2018 *PROCLAMATIONS APPROVAL SUBJECT: Resolution - Proclaiming the month of October 2018 as "Breast Cancer Awareness Month" and Saturday, October 20, 2018 as "Making Strides Against Breast Cancer Day" in St. Lucie County, Florida BACKGROUND: It has been requested that this Board proclaim the month of October 2018 as "Breast Cancer Awareness Month" and Saturday, October 20, 2018 as "Making Strides Against Breast Cancer Day" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures Danie 5. McIntyre, C my ttorney 10/1/2018 Packet Pg. 28 5.B.a RESOLUTION A RESOLUTION PROCLAIMING OCTOBER 2018 AS "BREAST CANCER AWARENESS MONTH" AND SATURDAY, OCTOBER 20, 2018 AS "MAKING STRIDES AGAINST BREAST CANCER DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Breast cancer is a malignant tumor that starts in the cells of the breast that can grow (invade) into surrounding tissues or spread (metastasize) to distant areas of the body. 2. Breast Cancer is the most frequently diagnosed form of cancer in women and men. In 2018, it is expected that 266,120 women, along with 63,960 new cases of carcinoma in situ (non- invasive), an early form of breast cancer. About 2,550 men will be newly diagnosed with invasive breast cancer in the United States in 2018. 3. Death rates from breast cancer have been decreasing since 1989, with larger decreases in women under age 50. These decreases are believed to be the result of treatment advances, early detection through screening, and increased awareness. 4. The American Cancer Society Making Strides Against Breast Cancer Walk is a powerful event to raise awareness and funds to end breast cancer. As the largest network of breast cancer events in the nation, the noncompetitive three to five mile walks unite nearly 300 communities with a shared determination to finish the fight. 5. Funds raised by the Making Strides Against Breast Cancer Walk of St. Lucie County enable the American Cancer Society to save lives from breast cancer by funding groundbreaking breast cancer research, providing free, comprehensive information and support to those touched by breast cancer; and helping reduce their breast cancer risk or find it early when it is most treatable. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of October 2018 as "BREAST CANCER AWARENESS MONTH" and Saturday, October 20, 2018 as "MAKING STRIDES AGAINST BREAST CANCER DAY" in St. Lucie County, Florida. 2. This Board encourages citizens to participate in the Making Strides Against Breast Cancer Walk at First Data Field in St. Lucie County on October 20, 2018 at 9:00 am to celebrate breast cancer survivors, pay tribute to those lost to the disease, and raise funds to end breast cancer once and for all. PASSED AND DULY ADOPTED this 161" day of October 2018. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR COUNTY ATTORNEY Packet Pg. 29 5.0 ITEM NO. RES-2018-182 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney DATE: 10/16/2018 *PROCLAMATIONS APPROVAL SUBJECT: Resolution - Recognizing the Port St. Lucie Business Women organization and proclaiming October 14-20, 2018 as "National Business Women Week" in St. Lucie County, Florida BACKGROUND: It has been requested that this Board proclaim recognize the efforts of the Port St. Lucie Business Women and proclaim October 14-20, 2018 as "National Business Women Week" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures Danie 5. McIntyre, C my ttorney 10/1/2018 Packet Pg. 30 5.C.a RESOLUTION A RESOLUTION RECOGNIZING THE EXTRAORDINARY EFFORTS OF THE PORT ST. LUCIE BUSINESS WOMEN AND PROCLAIMING OCTOBER 14-20, 2018 AS "NATIONAL BUSINESS WOMEN WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. National Business Women's Week provides an opportunity to call attention to women entrepreneurs, facilitate discussions on the needs of working women, share information about successful workplace policies, and raise awareness of the resources available for working women in their communities. 2. The Port St. Lucie Business Women is a professional organization dedicated to promoting the interests of business women and serving our community in an effective way. From the beginning 38 years ago, their roots have been deeply anchored within our community. 3. The Port St. Lucie Business Women has evolved into a professional women's organization that, in addition to networking and fostering business relationships, has awarded tens of thousands of dollars in grants and scholarships to local non-profit organizations and women made possible through fundraising efforts of its annual Fashion Show. Their partnership with Indian River State College has benefitted local women through the award of more than $90,000 in scholarships to continue their education. 4. For more than three decades, the Port St. Lucie Business Women have supported and served many community needs and have made a positive impact on our community from painting walls at the Pace Center for Girls and SafeSpace, to swinging hammers for Habitat for Humanity. They have participated in the Making Strides Against Breast Cancer Walk and have offered seminars and other community programs to address the concerns of business women and offer learning opportunities for community members, as well. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of October 14-20, 2018 as "National Business Women Week" in St. Lucie County, Florida and recognizes the Port St. Lucie Business Women for their outstanding community service efforts to St. Lucie County. PASSED AND DULY ADOPTED this 16t" day of October 2018. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 31 5.D ITEM NO. RES-2018-205 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 10/16/2018 *PROCLAMATIONS APPROVAL A resolution recognizing Judi Miller for her outstanding community service contributions to St. Lucie County It has been requested that this Board recognize and honor Judi Miller for her many contributions to St. Lucie County, Florida. Judi Miller cares deeply about this community. Her work as a public servant to our community has impacted and will continue to impact thousands of County residents of all ages. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures Danie S. McIntyre, Cnty ttorney 10/15/2018 Packet Pg. 32 5.D.a RESOLUTION A RESOLUTION RECOGNIZING JUDI MILLER FOR HER MANY CONTRIBUTIONS TO ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Judi Miller is a dedicated public servant to St. Lucie County. She was married 42 years to her husband, Allen Miller and has one son, Chris Miller and two grandchildren, Jake and Sydney. She has been a loyal friend to many young people who grew up in our Big Brothers Big Sisters' family and are now tremendous young adults including Anthony, Nelson, Travis, Kristina, Barynia and Barbara! 2. Judi has been the CEO for Big Brothers Big Sisters ofSt. Lucie, Indian Riverand Okeechobee counties since 1991. She received the United Way of Indian River County Agency of Excellence Award in 2016 and the United Way ofSt. Lucie County Agency of the Year Award in 2017. 3. Judi is a six -term former St. Lucie County School Board member from 1986 to 2010 during which time the district achieved Unitary status. She is the founding Board Member of the St. Lucie Education Foundation and the Parent Academy Boards, a past Board Member of Florida School Board Association, Big Brothers Big Sisters of America National Leadership Council and past President of Florida Partners in Education (FAPE). She is a current Board Member of Treasure Coast Community Health Board of Directors and Big Brothers Big Sisters Association of Florida Board. 4. Judi is also the recipient of the Florida Education Association "Mary McLeod Bethune Relations" Award, the Children's Service Council "Champion for Children" Award, the Consortium of Florida Education Foundations "StarSchool Board Member" Award, the FAPE Partner of the year Award, and Big Brothers Big Sisters Association of Florida Leadership Awa rd. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby recognize and thank Judi Miller for her many contributions to St Lucie County, Florida. PASSED AND DULY ADOPTED this 16t" day October 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 33 09/28/18 FZABWARR FUND TITLE 001 001469 001585 001596 001598 001600 101 101001 102 102001 102116 107 107001 107003 107006 ill 112 113 114 116 117 119 120 122 123 126 127 128 129 130 130113 130129 130228 131 136 138 139 140 140001 160 170 181 183 183001 183006 184001 184227 187 ST. LUCIE COUNTY - BOARD WARRANT LIST #52- 22-SEP-2018 TO 28-SEP-2018 FUND SUMMARY General Fund EMPA FY 19 CSBG 2017 Continuum of Care Grant Chronic EMPG FY 19 Section 112/MPO/FHWA Plan FY18/20 Transportation Trust Fund Transportation Trust Interlocals Unincorporated Services Fund Drainage Maintenance MSTU IRL-Paradise Park Phase5-System4 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU FTA 5307 FY2011 FFY16 5307 Transit Oper & Maint FCTD Local Program Administration Property Cleanup SAD Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund Port Fund Plan Maintenance RAD Fund Court Facilities Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Guardian Ad Litem Fund Artificial Reef Program FT Pierce IMP Implementation Boating Improvement Projects EXPENSES 923,545.97 8,466.41 492.00 4,093.00 17,190.00 2,941.83 81,607.95 921.50 8,250.81 101,727.44 2,755.00 186,795.80 33,021.33 2,790.29 25,124.62 3,413.94 797.65 239.87 592.98 645.69 147.85 855.53 236.87 1,083.57 403.39 166.05 532.23 654.71 21,844.41 16,756.85 1,550.00 266.88 552.69 283.50 2,439.67 332.59 1,025.22 9,483.39 4,734.55 160.12 12,146.44 500.00 5,253.88 40.00 425.00 2,227.50 9,947.55 8,193.55 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,000.00 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 U) H z Q Q .* Packet Pg. 34 09/28/18 FZABWARR FUND TITLE 189114 190 191 216 310001 310006 310207 316 316001 318 363 401 418 471 491 505 505001 611 625 650 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #52- 22-SEP-2018 TO 28-SEP-2018 FUND SUMMARY Home Consortium FY 2017 Sports Complex Fund SLC Sustainability District County Capital I&S Impact Fees -Library Impact Fees -Transportation FDOT-Kings Hwy/Indrio Improv County Capital 5th Cent Fuel -Capital County Capital -Transportation Bond Sports Complex Capital Project Fund Sanitary Landfill Fund Golf Course Fund Water & Sewer District Operations Building Code Fund Health Insurance Fund Risk Management Fund Tourist Development Trust-Adv Fund Law Library Agency Fund Bank Fund GRAND TOTAL: EXPENSES 250.00 17,323.52 63,657.66 1,202.00 89,358.67 4, 901.98 152,335.30 78,990.00 69,028.04 1,003.28 167,374.13 492,360.55 4,943.26 17,798.96 547.16 1,393,389.87 19,151.15 17,306.97 14,560.00 318,542.98 9,450.81 4,441,134.36 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 1,593.60 0.00 0.00 0.00 0.00 0.00 6,593.60 2 Packet Pg. 35 10/05/18 FZABWARR FUND TITLE 001 001512 001519 001575 001576 001585 001591 001595 001596 001597 001600 001823 101 101001 102 102001 107 107001 107002 107003 107006 129 130 130115 130120 130121 130129 130131 130218 130219 130225 130227 130228 140 140001 140392 140397 160 183 183006 184001 185018 189113 189114 189203 190 310001 310002 ST. LUCIE COUNTY - BOARD WARRANT LIST #53- 29-SEP-2018 TO 05-OCT-2018 FUND SUMMARY General Fund Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery Metropolitan Planning / Sec 5305d Support Services for Veterans CSBG 2017 CDBG Small Cities Continuum of Care Grant Family Continuum of Care Grant Chronic Continuum of Care Grant Veterans Section 112/MPO/FHWA Plan FY18/20 INTACT Transportation Trust Fund Transportation Trust Interlocals Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5309 VTCLI-II FY14 FTA 5311 FY 2015 FTA 5307 FY 2014 FFY16 5307 Transit Oper & Maint FFY17 5307 Oper & Cap FDOT Block Grant FY 2015 FDOT Lakewood Pk Reg Bus Rte Service Dev Grant FY 2018-2020 FCTD Trip & Equipment FY 2019 FCTD Local Program Administration Airport Fund Port Fund FDOT - Airport Access Road FDOT - EIS North Industrial Park Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Guardian Ad Litem Fund Artificial Reef Program FHFC SHIP 2017/2018 Home Consortium 2016 Home Consortium FY 2017 Hardest Hit fund Advisor Services Sports Complex Fund Impact Fees -Library Impact Fees -Parks EXPENSES 311,085.27 0.00 0.00 2,140.30 0.00 970.00 0.00 0.00 0.00 0.00 440.00 0.00 130,005.31 2,884.77 121,513.62 109,227.42 115,788.65 3,421.78 0.00 3,970.80 264.63 86,053.69 329,048.71- 1,489.16 5,965.01 1,718.68 5,946.70 75,926.70 119,170.19 8,232.11 11,583.32 146,097.04 0.00 621.03 10,378.32 1,995.00 60,000.00 3,317.78 839.92 1,427.01 0.00 0.00 0.00 0.00 0.00 26,473.06 5,915.94 4,837.50 8.A.1 PAGE 1 PAYROLL 656,387.71 2,462.26 641.78 1,743.78 1,487.20 3,883.39 111.78 154.21 242.45 242.45 11,011.25 260.82 134,899.77 1,716.22 68,395.14 19,714.26 174,357.66 8,506.08 5,343.19 0.00 12,575.59 0.00 2,855.26 0.00 0.00 0.00 18,464.23 0.00 0.00 0.00 0.00 0.00 746.90 18,824.91 6,921.96 0.00 0.00 3,191.20 4,971.33 0.00 1,938.40 566.06 224.08 1,804.50 301.85 21,772.96 0.00 0.00 103 Packet Pg. 36 8.A.1 10/05/18 FZABWARR FUND TITLE 310207 316 316001 318 320 324201 39015 401 418 471 479 491 505 505001 505002 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #53- 29-SEP-2018 TO 05-OCT-2018 FUND SUMMARY FDOT-Kings Hwy/Indrio Improv County Capital 5th Cent Fuel -Capital County Capital -Transportation Bond Jail Security Upgrade FDOT - Harbor Pointe Seagrass Iroquois/Navajo MSBU Sanitary Landfill Fund Golf Course Fund Water & Sewer District Operations Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund Risk Management Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 240,339.62 67,423.00 148,842.42 14,703.94 34,927.93 5,170.00 25,457.17 597,837.62 785.11 52,740.08 462,884.09 0.00 52,941.26 0.00 0.00 1,000.00 6,305.02 7,268.37 2,769,277.63 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 85,438.30 19,724.28 16,427.69 0.00 47,425.26 796.80 3,606.27 3,833.70 6,304.99 0.00 0.00 1,370,277.92 104 Packet Pg. 37 8.A.1 10/05/18 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #1.- 29-SEP-2018 TO 05-OCT-2018 FUND SUMMARY FUND TITLE EXPENSES 001 General Fund 375,984.51 001512 Neighborhood Stabilization Program 729.00 130 SLC Public Transit MSTU 599,575.58 140001 Port Fund 15,500.00 189114 Home Consortium FY 2017 137.50 801 Bank Fund 51,934.68 GRAND TOTAL: 1,043,861.27 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 1 11 H Z Q Q od M LO N Ln N 4+ N J r C M L L M 0 ++ M V a E E �O♦ V 7 Packet Pg. 38 8.B.1 ITEM NO. (ID # 5542) TO: PRESENTED BY: SUBMITTED BY: ci miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Charlotte Bireley, County Tourism Manager Tourism Division DATE 10/16/2018 *CONSENT AGENDA\ADMINISTRATION 2019 Treasure Coast Sports Commission Grant Agreements The Treasure Coast Sports Commission (TCSC) has been promoting tourism by attracting sporting events that provide measurable economic impact to the County and the Treasure Coast since 1999. At the Tourist Development Council (TDC) meeting on June 13, 2018, the TDC unanimously recommended and approved $205,000 in annual funding to the TCSC for the 2018 / 2019 fiscal year. These funds are generated by the tourist development tax. The TDC also supported including additional performance and reporting measures that align with the State and the County's overall goals to promote tourism. These include but are not limited to: 1. Event funding analysis based on ROL This is to ensure that the TCSC is effectively managing funding levels and evaluating the ROL -Review previous funded events to determine growth -Development of a sunset program to phase out funding for under performing events. 2. Number of leads generated / number sales calls made. 3. Number of event bids submitted. 4. Number of events vetted. 5. Development of an annual marketing plan and sales plan presented to the TDC at the beginning of each fiscal year. 6. Amount of sponsorship funds raised beyond public funding and recommended uses. Below is a breakdown of the funding allocation for the agreements: $115,000 Event bid fees and grants $90,000 Administration costs $205,000 Total PREVIOUS ACTION: Packet Pg. 39 8.B.1 October 6, 2015 (Item #3096): BOCC approval of 2015 / 2016 Grant Agreements for the Treasure Coast Sports Commission in the amount of $175,000. October 18, 2016 (Item #3808): BOCC approval of 2016 / 2017 Grant Agreements for the Treasure Coast Sports Commission in the amount of $215,000. October 3, 2017 (Item #4610): BOCC approval of 2017 / 2018 Grant Agreements for the Treasure Coast Sports Commission in the amount of $215,000. FINANCIAL IMPACT: Funds available in 611-5210-582000-500 (Aid to Private Organizations) in the amount of $205,000. RECOMMENDATION: Staff recommends Board approval of the 2018 / 2019 grant agreements for the Treasure Coast Sports Commission for a total amount of $205,000.00 and authorization of the Chair to sign the contracts as drafted by the County Attorney. COMMISSION ACTION: Coordination/Signatures anie . McIntyre, C my ttorney 9/21/2018 Updated: 9/19/2018 5:01 PM by Alvin Hall Page 2 Packet Pg. 40 8.B.1.a FY 2018/2019 GRANT CONTRACT (Administrative Costs) THIS CONTRACT, made this day of , 2018, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County," and TREASURE COAST SPORTS COMMISSION, INC., a Florida not -for -profit corporation, or its successors, executors, administrators, and assigns hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows 1. The County shall disperse to the Recipient a grant in the total amount of ninety thousand and 00/100 dollars ($90,000.00) for administration costs. The County shall disperse the grant funds in accordance with the following schedule: October 15, 2018 $9,000.00 November 15, 2018 $9,000.00 December 15, 2018 $9,000.00 January 15, 2019 $9,000.00 February 15, 2019 $9,000.00 March 15, 2019 $9,000.00 April 15, 2019 $9,000.00 May 15, 2019 $9,000.00 June 15, 2019 $9,000.00 July 15, 2019 $9,000.00 Recipient agrees that ten thousand dollars ($10,000.00) must be used for marketing purposes. The Recipient shall submit a written report on each event funded by the grant to the Director of Tourism and Marketing quarterly. The report on the event(s) funded by the grant shall include, but not be limited to, the number of attendees at the event, a list of hotels and/or other accommodations used by participants and attendees at the event, the number of room nights generated by the event and a copy of the press release, brochure, flyer, poster or social media posts used to market the event and information. 2. The Recipient shall submit a quarterly written report on its performance measures to include, but are not limited to: • Grant funding analysis based on ROI. This is to ensure we are effectively managing funding levels and evaluating the ROL a. Review of previous funded events to determine growth. b. Development of a sunset program to phase out funding for underperforming events. • Number of leads generated / number of sales calls made. • Number of event bids submitted. • Number of events vetted. • Number of bids that converted into booked events. • Development of an annual marketing and sales plan presented to the TDC at the beginning of each fiscal year. • Amount of sponsorship funds raised beyond DMO funding and recommended uses. 3. The Recipient shall use the grant monies for the operational expenses associated with its efforts to attract, stimulate, and promote sporting events in St. Lucie County from the date first above written through and including September 30, 2019. Operational expenses shall be limited to staff salaries, office supplies, equipment, marketing, and advertising costs. The Recipient shall submit quarterly written reports to the St. Lucie County Director of Tourism and Management regarding the expenditure of the grant funds and activities of the Recipient, particularly .r a S:\ATTY\AGREEMNT\CONTRACT\tcsc - Admin19 Packet Pg. 41 8.B.1.a the promotion of sporting events in St. Lucie County. The reports shall be delivered on or before February 1, 2019, May 1, 2019, August 1, 2019, and November 1, 2019. 4. The Recipient shall have internal fiscal controls adequate to safeguard the grant funds. 5. If the grant cannot be used or a subsequent audit reveals the grant was not used according to this contract, any money not so used shall be reimbursed to the County. 6. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior written approval of the County Administrator and Budget Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. The Recipient shall submit all documents required under this paragraph within ninety (90) days after the end of its current fiscal year. 7. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Contract, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 8. The Recipient agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 9. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 10. All publications issued by the Recipient shall include the following statement: "Sponsored in part by the St. Lucie County Board of County Commissioners and the St. Lucie County Tourist Development Council." In the alternative, the Recipient shall use the Tourist Development Council's logo, subject to prior approval of the St. Lucie County Tourism & Venues Manager. 11. Either party may terminate this Contract with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unexpended funds or funds expended rn in conflict with Recipient's application, as of the date of termination notice. E 12. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, Q and addressed to the parties at the following addresses: To the County: St. Lucie County Administrator +' Administration Annex f° 2300 Virginia Avenue, 3rd Floor pp Fort Pierce, Florida 34982 c m With copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue, 3rd Floor Q Fort Pierce, Florida 34982 To the Recipient: Treasure Coast Sports Commission, Inc. Tradition Field 527 NW Peacock Boulevard Port St. Lucie, Florida 34986 S:\ATTY\AGREEMNT\CONTRACT\tcsc - Admin19 Packet Pg. 42 8.B.1.a 13. No amendment, modification or waiver of this Contract shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Contract shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Recipient agrees to use said forms. 14. Except as otherwise provided, this Contract shall be binding upon and shall insure to the benefit of the parties. 15. This Contract embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 16. Public Records: The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. Specifically, the Contractor shall: (a) Allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. (b) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (c) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. (d) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (e) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-1441, Bellamys@stlucieco.orR, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982. 17. 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 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. 3 S:\ATTY\AGREEMNT\CONTRACT\tcsc - Admin19 Packet Pg. 43 8.B.1.a IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY ATTEST: TREASURE COAST SPORTS COMMISSION, INC. SECRETARY BY: PRESIDENT DATE: (SEAL) 4 S:\ATTY\AGREEMNT\CONTRACT\tcsc - Admin19 Packet Pg. 44 8.B.1.b FY 2018/2019 GRANT CONTRACT (Bid Fees and Grants) THIS CONTRACT, made this day of , 2018, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County," and TREASURE COAST SPORTS COMMISSION, INC., a Florida not -for -profit corporation, or its successors, executors, administrators, and assigns, hereinafter called the "Recipient." IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows 1. The County shall disperse to the Recipient a grant in the total amount of one hundred fifteen thousand and 00/100 dollars ($115,000). The County shall reimburse the Recipient's sports event bid fees for new events in accordance with the following schedule: October 15, 2018 $40,000 January 15, 2019 $50,000 April 15, 2019 $25,000 2. The Recipient shall only expend grant monies toward bid fees and grants for new events that have not been previously scheduled and/or committed to St. Lucie County and will be held in St. Lucie County based on the number of attendees at the event, hotels and/or other accommodations used by participants and attendees at the event, and room nights generated. 3. The Recipient shall actively seek out new events to diversify the sporting events solicited by the Recipient. New shall mean any event that has not been to St. Lucie County for at least three years. 4. The Recipient shall have internal fiscal controls adequate to safeguard the grant funds. 5. If the grant cannot be used or a subsequent audit reveals the grant was not used according to this Contract, any money not used shall be reimbursed to the County. 6. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior written approval of the County Manager and Budget Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. The Recipient shall submit all documents required under this paragraph within ninety (90) days after the end of its current fiscal year. 7. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of funds. 8. The Recipient agrees to fully indemnify and hold harmless the County, its officers, employees, and r agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt m or expenditure of these monies. a� 9. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. c� 5:\ATTY\A6REEMNT\CONTRACT\tcsc-bidfees-sponsorships-19 Q Packet Pg. 45 8.B.1.b 10. All publications issued by the Recipient shall include the following statement: "Sponsored in part by the St. Lucie County Board of County Commissioners and the St. Lucie County Tourist Development Council." In the alternative, Recipient shall use the Tourist Development Council's logo, subject to prior approval of the St. Lucie County Tourism & Venues Manager. 11. Either party may terminate this Contract with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unexpended funds or funds expended in conflict with Recipient's application, as of the date of the termination notice. 12. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With a Copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, FL 34982 To the Recipient: Treasure Coast Sports Commission, Inc. Tradition Field Sports Complex 527 NW Peacock Boulevard Port St. Lucie, Florida 34986 13. No amendment, modification or waiver of this Contract shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Recipient agrees to use said forms. 14 Except as otherwise provided, this Contract shall be binding upon and shall insure to the benefit of the parties. 15. This Contract embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations or agreements, either verbal or written, between parties hereto. 16. Public Records: The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. Specifically, the Contractor shall: m (a) Allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. c� 2 Q S:\ATTY\A6REEMNT\CONTRACT\tcsc-bidfees-sponsorships-19 Packet Pg. 46 8.B.1.b (b) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (c) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. (d) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (e) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-1441, Bellamys@stlucieco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982. 17. 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 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 have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK S:\ATTY\A6REEMNT\CONTRACT\tcsc-bidfees-sponsorships-19 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 3 Packet Pg. 47 8.B.1.b ATTEST: SECRETARY 5:\ATTY\A6REEMNT\CONTRACT\tcsc-bidfees-sponsorships-19 TREASURE COAST SPORTS COMMISSION, INC. BY: PRESIDENT DATE: (SEAL) 4 Q Packet Pg. 48 8.B.2 ITEM NO. (ID # 5607) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Howard Tipton, County Administrator County Administration Tentative 2018 Meeting Schedule DATE 10/16/2018 *CONSENT AGENDA\ADMINISTRATION The Board has requested confirmation of the remaining meetings to be held during 2018. The following meeting list is tentatively scheduled through January 2019. October 30, 2018 @ 1pm - Special BOCC Port RFQ meeting November 13, 2018 @ 2pm - Special BOCC Informal meeting 6pm - Regular BOCC meeting November 14, 2018 @ 6pm - Special BOCC Port RFQ meeting November 20, 2018 @ 9am - BOCC Reorganization meeting November 27, 2018 @ 9am - BOCC Regular meeting December 4, 2018 @ 6pm - Regular BOCC meeting December 11, 2018 @ 9am - BOCC Informal meeting December 18, 2018 @ 9am - BOCC Regular meeting January 8, 2019 @ 6pm - BOCC Regular meeting January 15, 2019 @ 9am - BOCC Informal meeting January 22, 2019 @ 9am - BOCC Regular meeting PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board confirm the tentative special, regular and informal meeting dates for the remainder of 2018. Packet Pg. 49 COMMISSION ACTION: Coordination/Signatures ianiefS. McIntyre, C my ttorney 10/15/2018 Ha and Tipton, Count Administrato. 10/15/2018 Updated: 10/15/2018 9:58 AM by Katrina Slay Page 2 Packet Pg. 50 8.D.1 ITEM NO. RES-2018-183 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Heather Young, Asst. County Attorney County Attorney DATE: 10/16/2018 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Recommending Oculus Surgical, Inc. be Approved as a Qualified Target Industry Business Pursuant to Section 125.045, Florida Statutes the County has broad power to expend public funds to attract and retain business enterprises. County staff has been working with the City of Port St. Lucie and Economic Development Council to assist Oculus Optikgerate GmbH in the development of a new 50,000 square feet manufacturing and distribution facility in the Tradition area. Oculus is a German corporation which operates in Florida as Oculus Surgical, Inc. The new facility is expected to create 50 new jobs. Oculus is a global leader in the manufacture of ophthalmic instruments, one of the County's targeted industries. Pursuant to Resolution No. 18-133, the Board authorized County staff to prepare a Job Growth Incentive Grant ("JGIG") agreement with Oculus for the creation of 50 new jobs pursuant to the Job Growth Investment Grant guidelines. The resolution further provided that the twenty percent (20%) local financial match requirement for the State of Florida's Qualified Target Industry Tax Refund would come from the JGIG program. As the next step in the process, the State requires a second resolution specifying the amount of the committed local match. Attached to this agenda item is a proposed resolution which recommends the Florida Department of Economic Opportunity approve Oculus as a Qualified Targeted Industry Business pursuant to Section 288.160, Florida Statutes, and commits the fifty thousand and 00/100 dollars ($50,000.00) required local financial match in the form of a Job Growth Incentive Grant. PREVIOUS ACTION: On July 24, 2018, the Board of County Commissioners adopted Resolution No. 18--133 which approved certain economic incentives for Oculus Surgical, Inc. FINANCIAL IMPACT: Funds are available for this expenditure in Account No. 001-5215-582000-500 (County Job Incentive Fund). mere ►] �i1►�11�►I�JAII19111 Packet Pg. 51 8.D.1 Staff recommends the Board adopt the proposed resolution as drafted. COMMISSION ACTION: Coordination/Signatures anie . McIntyre, C my ttorney 10/1/2018 7, zz X4 � / INA'Ak S er ee, Dep County A min sstrato 10/1/2018 �Bmmt4m 1 y er, De y County Administrator 10/2/2018 Updated: 10/2/2018 3:24 PM by Katrina Slay Page 2 Packet Pg. 52 8.D.1.a RESOLUTION NUMBER 18-XX A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RECOMMENDING OCULUS SURGICAL, INC. BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO SECTION 288.106, FLORIDA STATUTES; AFFIRMING THIS IS A MANUFACTURING PROJECT; PROVIDING FOR LOCAL FINANCIAL SUPPORT IN THE FORM OF CASH; ANO PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Oculus Surgical, Inc. is an opthalmic equipment manufacturing business located in St. Lucie County; and, WHEREAS, Oculus Surgical, Inc. is seeking to expand operations with a new facility at Tradition Center for Commerce in Port St. Lucie. This facility will encompass 50,000 square feet of space and employ an additional 50 new employees at an average annual wage of at least $42,328. The company's expansion will increase its existing contributions to the community with additional direct and indirect effects to our small businesses; additional ad valorem taxes to the County; and job creation for County residents; and, WHEREAS, Oculus Surgical, Inc. plans to expand operations with a new facility, and the creation of 50 new jobs (Year 1:20, Year 2:20, Year 3:10) in St. Lucie County; and, WHEREAS, Oculus Surgical, Inc. has been identified as a Target Industry Business; and, WHEREAS, Oculus Surgical, Inc. intends to locate in a facility at Tradition Center for Commerce in Port St. Lucie; and, WHEREAS, Oculus Surgical, Inc. will commit to pay an average annual wage of at least $42,328 which is 115%ofthe St. Lucie County average wage; and, WHEREAS, Oculus Surgical, Inc. hereby acknowledges that local financial support of 20% of the total tax refund is required under the provisions of Section.288.106, Florida Statutes, governing the State's Qualified Target Industry Tax Refund Program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: A. The Board hereby recommends Oculus Surgical, Inc. be approved as a Qualified Target Industry Business pursuant to Section 288.106, Florida Statutes. The economic significance of manufacturing in the Port St. Lucie MSA is over 6,200 private sector jobs and over 350 firms. The Port St. Lucie MSA currently has an unemployment rate of 5.1% with a high percentage of entry level talent for this industry. Packet Pg. 53 8.D.1.a B. A cash commitment of local financial support for the Qualified Target Industry Tax Refund Program exists for Oculus Surgical, Inc. in the amount of $50,000.00. This amount will be made available in accordance with the guidelines set forth by the Department of Economic Opportunity with the stipulation that these funds are intended to represent local financial support pursuant to Section 288.106, Florida Statutes. C. This resolution shall take effect immediately upon its adoption. After motion and second, the vote on the resolution was as follows: Commissioner Frannie Hutchinson, Chair XX Commissioner Linda Bartz, Vice Chair XX Commissioner Chris Dzadovsky XX Commissioner Anthony Bonna XX Commissioner Cathy Townsend XX PASSED AND DULY ADOPTED this 16th of October 2018. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND C�L�7:7:7X�1►1��� BY: 2 County Attorney Packet Pg. 54 ITEM NO. (ID # 5585) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Heather Young, Asst. County Attorney County Attorney DATE: 10/16/2018 *CONSENT AGENDA\COUNTY ATTORNEY Oculus Surgical, Inc. - Job Growth Incentive Grant (JGIG) Agreement Attached to this memorandum is a copy of a proposed Job Growth Incentive Grant ("JGIG") Agreement with Oculus Surgical, Inc., a manufacturer of opthamlic instruments. Pursuant to the agreement, Oculus Surgical, Inc. will create fifty (50) new jobs with an average hourly wage of eighteen and 91/100 dollars ($18.91), which is 107% of the average County wage, over a three year period. Subject to continued compliance with the terms of the Agreement, Oculus Surgical, Inc. will be eligible for a Job Growth Incentive Grant in an amount up to forty-seven thousand five thousand and 00/100 dollars ($47,500.00) to be paid out over a six year period beginning January 1, 2022. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds are available for this expenditure in Account No. 001-5215-582000-500 (County Job Incentive Fund). RECOMMENDATION: Staff recommends the Board approve the proposed Job Growth Incentive Grant Agreement with Oculus Surgical, Inc., and authorize the Chair to sign the agreement. COMMISSION ACTION: Packet Pg. 55 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 10/1/2018 Ho and Tipton, Count Administrato 10/7/2018 updated: 10/1/2018 11:02 AM by Heather Young Page 2 Packet Pg. 56 8.D.2.a JGIG 18-002 ST. LUCIE COUNTY JOB GROWTH INVESTMENT GRANT AGREEMENT THIS AGREEMENT is made as of the day of 2018, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the "COUNTY", and OCULUS SURGICAL, INC. and OCULUS, INC., as its affiliate, corporations authorized to do business in the State of Florida, hereinafter referred to as the "COMPANY", whose Federal I.D. number is 455077767. WITNESSETH: WHEREAS, it is the policy of the COUNTY to stimulate economic growth in St. Lucie County, by either attracting new businesses to St. Lucie County or by encouraging the expansion of existing businesses within St. Lucie County; and, WHEREAS, the creation of new employment opportunities for residents of St. Lucie County and the increased tax revenues resulting from such business expansion or relocation within St. Lucie County is beneficial to the local economy; and, WHEREAS, the Board of County Commissioners has determined that offering a Job Growth Investment Grant encourages either businesses to expand or new businesses to enter St. Lucie County and thereby create new employment opportunities for the residents of St. Lucie County; and, WHEREAS, St. Lucie County, through its Board of County Commissioners, has created a Job Growth Investment Grant; and, WHEREAS, the COMPANY will agree to expand its existing business in St. Lucie County and thereby create certain new employment opportunities having a specific wage level or higher in St. Lucie County in accordance with the Job Growth Investment Grant criteria if the COUNTY provides to the COMPANY a Job Growth Investment Grant; and, WHEREAS, the COMPANY has been determined to be eligible to receive a Job Growth Investment Grant by the COUNTY'S Job Growth Investment Grant Review Committee; and, WHEREAS, the COMPANY acknowledges that this Agreement shall be based upon the COMPANY'S attainment of the performance requirements as outlined in this Agreement; and, WHEREAS, the COUNTY finds and declares that it is in the public interest to award a Packet Pg. 57 8.D.2.a Job Growth Investment Grant to the COMPANY pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties agree as follows: 1. Definitions. As used in this Agreement, the following terms shall mean: a. "Annual Average Hourly Wage" - Includes the hourly cost of wages, bonuses, and commissions paid by the COMPANY to its employees, but does not include employee benefits. The Top Two Executive salaries as defined in this Agreement shall not be included in the computation of the average hour wage calculations. b. "Base Period for Hourly Wage level and Job Creation" - As set forth in the State of Florida Employer's Quarterly Report (RT-6A) for the quarter preceding the date of the Grant application. C. "Default" - Failure to comply with the terms of the Agreement. d. "Effective Date" — The date of execution of this Agreement by the COUNTY. e. "Employer's Quarterly Report Form RT-6" - COMPANY's State of Florida Employer's Quarterly Report Form RT-6A provided to the COUNTY in conjunction with the execution of this Agreement, and thereafter as required pursuant to this Agreement. f. "Expansion of an existing business" - A business establishing 10 or more jobs to employ 10 or more new full-time employees in the County. These jobs must represent a net increase in employment at the site/facility and be not less than a ten percent (10%) increase in employment. g. "Full-time Equivalent Job" - Shall be calculated by total payroll hours per year divided by 52 weeks and then divided by 35 hours. h. "JGIG" - Shall mean Job Growth Investment Grant. "New Business" - A business establishing 10 or more jobs to employ 10 or more full-time employees in the County within the term of the Grant provided that such business first begins operations on a site in the County clearly separate from any other operation owned by the same business. Research Firm — A company that employs 50% or more of their workforce in the development of new products, refinement of existing products, testing of products, development of new scientific information and others to be defined. k. "St. Lucie County Average Hourly Wage" — At least 107% of the average annual hourly wage per job in St. Lucie County, as determined by State of Florida Department of Labor, Workforce Development Board, or Enterprise Florida, Inc. 2 Packet Pg. 58 8.D.2.a 2. Wage Level Commitment. As a condition precedent to and as consideration for obtaining JGIG funds from the COUNTY, the COMPANY agrees to pay an average hourly wage of not less than $18.91 per hour annually for those new jobs which are eligible for Grant hereunder. This per hour wage will be adjusted on the third and six anniversaries of the Effective Date of this Agreement for wage rate inflation based upon the percentage change in the Consumer Price Index ("CPI Index") between the date of this Agreement and the third anniversary and sixth anniversary the Effective Date of this Agreement. The target wage rate will then be multiplied by the percentage change in the CPI Index in order to determine the new target wage rate on the third anniversary and sixth anniversary of this Agreement. The COMPANY shall provide written verification satisfactory to the COUNTY that the average hourly wage of the new jobs meets the average rate of $18.91 per hour during the first three years of the Agreement, and as adjusted as defined above in year three and year six. The first report provided by the COMPANY will be the State of Florida Employer's Quarterly Report (Form RT6) including hours worked per month, total number of employees, gross wages paid in the quarter and total hours and wages for the Top Two Executive wages for the quarter previous to the JGIG Application Date. The Top Two Executive wages are defined as the wages paid to the two (2) highest paid employees working in St. Lucie County on a wage basis. The COMPANY will provide the hours and wage dollars for the Top Two Executives for each reporting period. Each quarter after the approval of the JGIG, the COMPANY must provide this information to the COUNTY when filing its Employer's Quarterly Report (Form RT6). The first report after the Effective Date may include only a partial quarter due to the approval timing. The base period or adjusted base period at three (3) years or six (6) years will be subtracted from the current twelve (12) month report to calculate the net growth in hours and wages during the year. The net wages will be divided by the net hours to compute the average hourly wage rate, which amount shall then be compared to the adjusted targeted minimum hourly wage level in order to determine whether the COMPANY has met its hourly wage level commitment. The COMPANY'S failure to maintain its hourly wage level commitment for any year will result in the forfeiture of the Grant amount for that year. Such forfeiture will not preclude the COMPANY'S receipt of scheduled Grant amounts for subsequent years in which it is able to maintain its hourly wage level commitment. 3. Job Creation Commitment. As a condition precedent to, and as consideration for obtaining JGIG funds from the COUNTY, the COMPANY agrees to create a minimum of fifty (50) new Full -Time Equivalent Jobs in St. Lucie County over the term of this Agreement as more specifically set forth on Exhibit "A" attached hereto and made a part hereof. These new jobs will be phased in on the following schedule, based on `Year One' of the job creation schedule being recognized as December 31, 2021; Year One - Minimum of 20 jobs Year Two - Minimum of 20 jobs Year Three - Minimum of 10 jobs 3 Packet Pg. 59 8.D.2.a To obtain the Grant amount for the jobs created, the annual calculation of jobs created must meet or exceed the minimum job levels set forth above and meet the hourly wage requirements. The annual calculation of the incremental jobs created by the COMPANY will be determined by taking the Base Period quarterly reported hours and dividing by 455 (35 hours x 52 weeks x .25) to arrive at a full time employee count. The same calculation for the current year shall be made by taking the reported annual hours and dividing by 1820 (35 hours x 52 weeks) to arrive at a full time employee count. The Base Period employee count shall then be subtracted from the current employee count in order to compute the number of jobs that the COMPANY created during the current year. If the COMPANY does not achieve the job creation goal stated within the Job Growth Investment Grant, but has achieved a minimum of at least 85% of the job creation goal for the period, then the JGIG amount will be recalculated for the scheduled year. The COUNTY will recalculate the Grant amount based on the actual job levels obtained, and shall pay the COMPANY the annual amount as recalculated, reduced by 50%. The COMPANY'S failure to achieve a minimum job creation of at least 85% of the job creation commitment for any one year will result in the forfeiture of the entire Grant amount that the COMPANY was scheduled to receive for that year, and such forfeited amount shall not be available in a subsequent year of the Grant. The COMPANY'S failure to receive funds in any year it fails to meet or maintain its job creation commitment shall not be grounds for an extension of the established payment schedule. 4. Term; Termination. This Agreement shall be effective upon the date of execution of this Agreement by both parties hereto, and shall automatically terminate twelve (12) years after the Effective Date unless terminated earlier by the COUNTY because of a default by the COMPANY; provided, however, the provisions of this Agreement shall survive the termination of this Agreement. 5. Grant Eligibility; Payment Schedule. a. Eligibility Determination; Payment. The initial eligibility determination for payment of the JGIG Funds shall be based on the payout schedule noted in paragraph 5 section b. Subsequent eligibility determinations shall be made at each subsequent anniversary of the Effective Date of this Agreement. Payment of JGIG Funds shall be made as follows: All Grants with an Effective Date between October 1st and March 31 st will be paid by May 15th after the successful completion and submission of the required documentation each year. All Grants with an Effective Date between April 1st and September 30th will be paid by November 15th after the successful completion and submission of the required documentation each year. Notwithstanding the foregoing, should the date for filing the last annual Employer's Quarterly Report (Form RT6), not coincide with the date that an eligibility determination is made; the COMPANY shall have the right to file a report, in a form substantially similar to an Employer's Quarterly Report in a form acceptable to the COUNTY for payment. 0 Packet Pg. 60 8.D.2.a R b. Subject to continued compliance with the requirements of Paragraph 2 and 3 of this Agreement, the COMPANY is eligible for a Job Growth Investment Grant (hereinafter a "Grant") of an amount up to $97,500 which Grant shall be payable as follows: (1) Qualified Targeted Industry Tax Refund Local Financial Match: Year 1 - $ 5,000 Year 2 - $10,000 Year 3 - $12,500 Year 4 - $12,500 Year 5 - $ 7,500 Year 6 - $ 2,500 TOTAL $50,000 (2) Job Growth Investment Grant: Year 1 - $14,500 Year 2 $ 9,500 Year 3 - $ 7,000 Year 4 - $_7,000 Year 5 - $_7,000 Year 6 - $ 2.500 TOTAL $47,500 Year 1 of the 6 year payout schedule will begin on January 1, 2022, and will continue on January 15' of each year thereafter through the 6 year payment payout based on the payout schedule noted above. The COUNTY shall pay $1,950 per Full -Time Equivalent Job, or an amount equal to the JGIG job performance criteria not to exceed $1,950 per new job. Relocation Commitment. The parties acknowledge and agree that the JGIG incentive agreement was an inducement to have the COMPANY expand or relocate to St. Lucie County. This means that the COMPANY made the decision to expand or relocate after considering the JGIG package. As a condition precedent to, and as consideration for obtaining JGIG funds from the COUNTY, the COMPANY agrees to locate or expand its business operations to/within St. Lucie County for a period of at least 5 years after the last scheduled _JGIG payment. Should the Company relocate its business operations to a location outside of St. Lucie County before the agreed number of years have elapsed, all grant dollars paid to the COMPANY shall be paid back to the COUNT Y within a 120 day period. 7. Annual Job Status. The COMPANY must provide the COUNTY with the Employer's Quarterly Report RT6 of its business operations within St. Lucie County on the State Form RT6 as amended. The COMPANY shall provide the reports at the same time it provides the State of Florida with the reports. With the prior approval of the COUNTY, the COMPANY may 5 Packet Pg. 61 8.D.2.a submit a form substantially similar to the annual Employer's Quarterly Report (Form RT6), provided that information necessary to meet the requirements of this grant award is provided in a form acceptable to the COUNTY and the alternative form must be notarized and signed on Company letterhead. 8. Grant Restriction. The JGIG funds available under this Agreement as referenced in paragraph 5 will be provided only for reimbursement of expenses associated with the physical move, relocation and/or expansion of the COMPANY to St. Lucie County, including but not limited to corporate or COMPANY relocation expenses, infrastructure costs, leasehold improvements, real property improvements, site development, manufacturing equipment for the new and/or expanded facility, COMPANY sponsored child day care facilities, rent for COMPANY facilities, lease buyouts, training expenses and other expenses approved by the Job Growth Investment Grant Committee. 9. Default: Termination. In the event the COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, the COUNTY may, at its option, terminate this Agreement. 10. Indemnification. For the sum of ten ($10.00) dollars consideration, receipt of which is hereby acknowledged, the COMPANY shall indemnify and save harmless and defend the COUNTY, its elected officials, officers, managers, servants and employees from and against any and all claims, liabilities, losses, and/or cause of action which may arise from any negligent act or omission of the COMPANY, or its directors, officers, agents, servants or employees in the performance of any services under this Agreement. 11. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce this Agreement will be held in the Circuit Court of St. Lucie County or in the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 12. Lobbyist Certification. The COMPANY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the COMPANY to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the COMPANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. Packet Pg. 62 8.D.2.a 13. No Discrimination Certification. The COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 14. Attorneys' Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 15. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The COMPANY'S failure to maintain at least 85% of the job creation commitment or salary level commitment for any one year will result in the forfeiture of the Grant amount it was scheduled to receive for that year; provided, however, that such forfeiture will not preclude the COMPANY'S receipt of scheduled Grant amounts for any subsequent years in which it is able to maintain its job creation and salary level commitment. 16. Assignment. The COMPANY shall not assign this Agreement to any other persons or firm without first obtaining the COUNTY'S written approval. 17. Conflict of Interest. The COMPANY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required herein, as provided for in Section 112.311, Florida Statutes. The COMPANY further represents that no person having any interest shall be employed for said performance. 18. Notices. All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to the COUNTY shall be mailed to: 7 Packet Pg. 63 8.D.2.a To County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 To Company: Oculus Surgical, Inc. 562 NW Mercantile Place, #104 Port St. Lucie, FL 34986 19. Entire Agreement. With copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 The COUNTY and the COMPANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by a written instrument executed by the parties hereto. IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County, Florida has made and executed this Agreement on behalf of the COUNTY, and the COMPANY has hereunto sets its hand the day and year above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair ATTEST: Secretary APPROVED AS TO FORM AND CORRECTNESS: County Attorney OCULUS SURGICAL, INC. BY: President (Seal) 8 Packet Pg. 64 8.D.2.a Exhibit A To the Job Growth Investment Grant Agreement between St. Lucie County and OCULUS SURGICAL, INC. Target: Industry Category eligible for application. Qualified companies are listed on the Target Industry List attached — circle the qualified industry. Attachment Exhibit A — 1 Application Section Criteria: X Expansion New Business Relocation Employment Commitment: 50 of net new jobs (number) of net new jobs (number) of net new jobs (number) COMPANY is receiving this grant based upon its representation that it will bring the following employment opportunities to St. Lucie County: 50 Total number of employees (new and existing) expected during term of grant 50 New, full time employees (eligible for grant application) expected during term of grant 90% % of County residents $18.91 Average hourly wage of all employees to be employed by company $17.67 Current average hourly wage in St. Lucie County (per 2016 Enterprise Florida Wage report) $6,900,000 Capital Investment Amount (Building improvements, equipment etc.) IV. Grant Amount: Grant award calculation not to exceed $1,500,000 including bonuses $75,000 Base Grant Amount $1,500 X number of new jobs eligible for grant Bonus computations: $15,000 50-99 total new jobs (20% bonus) 100-199 total new jobs (30% bonus) 9 Packet Pg. 65 8.D.2.a $3,750 $3,750 $22,500 $97,500 200+ total new jobs (35% bonus) 90% or more local hires — St. Lucie County Residents (5% bonus) Average salary for applicant's jobs will be 125% of St. Lucie County average salary (15% bonus) Average salary for applicant's jobs will be 150% of St. Lucie County average salary (30% bonus) Research Firm (30% bonus) Use of local contractors for construction activity` (5% bonus) Total Bonuses Total Grant (base amount + total bonuses) Local contractors are those contractors who are licensed in St. Lucie County and have an office located in St. Lucie County. 10 Q Packet Pg. 66 8.D.2.a Exhibit A - 1 St. Lucie County Targeted Industries List MANUFACTURING FACILITIES Appliance Component Manufacturing Aquaculture Aviation & Aerospace Manufacturing Boat and Allied Products Mfg. Chemical Manufacturing Computer & Electronic Component Mfg. Computer & Electronic Product Mfg. Electrical Equipment Manufacturing Electromedical Apparatus Mfg. Fiber Optic Cable Manufacturing Food & Beverage Products Manufacturing Instruments for Measuring & Testing Elec. Laser Manufacturing Lens Manufacturing Machinery Manufacturing Pharmaceutical Manufacturing Power Distrib., Generation & Technology Printing & Related Support Activities Software Reproducing Surgical & Medical Instrument Mfg. Transportation Equipment Manufacturing Wood & Paper Product Manufacturing FINANCE & INSURANCE SERVICES Funds, Trust & Other Financial Vehicles INFORMATION INDUSTRIES Data Processing Services Film, Video/Electronic Media Production Information Services & Data Processing Music Publishing Satellite Communications Software Publishing Telecommunications 11 CLEAN ENERGY Biomass Energy and Biofuels Fuel Cell and Hydrogen Technologies Ocean Energy Other Renewables Solar Energy PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES Bio-Medical & Bio-Science Computer Programming/Software Computer System Design Management, Scientific & Tech Services Nano Technology Professional, Scientific & Technical Research & Development Scientific & Technical Consulting Svc Simulation Training Testing Laboratories MANAGEMENT & DISTRIBUTION Distribution Centers Management Services National, International & Regional Hdqtrs ADMINISTRATIVE & SUPPORT SERVICES Technical Support Other industries may be considered by the Board of County Commissioners if the company can improve the quality of life within the community by creating new jobs and/or high wage jobs. Packet Pg. 67 8.D.2.a Exhibit B To the Job Growth Investment Grant Agreement between St. Lucie County and Oculus Surgical, Inc. Company Identification and Information Application Code Number Effective Date Company Description Opthalmic Equipment Manufacturer Board Approval Date Local mailing address of company/ location of new business Tradition Center for Commerce 12 Packet Pg. 68 ITEM NO. RES-2018-185 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Katherine Barbieri, Asst. County Attorney County Attorney DATE: 10/16/2018 Resolution - Establishing Port of Fort Pierce Rates *CONSENT AGENDA\COUNTY ATTORNEY On January 18, 2018 the County acquired five parcels consisting of 12.34 acres from King Maritime Group, LLC along with a Sovereignty Submerged Lands Lease with the Board of Trustees of the Internal Improvement Trust Fund, the approvals for the installation of a pier to facilitate the operation of a travel lift and a 10% interest in real property owned by Destin Beach, Inc. ("Destin Property") pursuant to a Final Judgement entered by the United States District Court for the Southern District of Florida, Case No. 08- 14160-Civ to St. Lucie County. The County issued a Request for Qualifications, RFQ No. 18-049, for operation and development of the former Indian River Terminal Port of Fort Pierce, Florida. The County received two submittals which are being evaluated. The County continues to operate the former Indian River Terminal portion of Fort Pierce while the submittals are being evaluated. Therefore, the Board needs to establish rates on an interim basis and a dockage agreement. The attached resolution sets the proposed interim rates in the same amount as the rates of the Port's former operators. PREVIOUS ACTION: On September 21, 2017 the Board of County Commissioners as the Port Authority authorized the Chairman to sign the Purchase and Sale Agreement with King Maritime Group, LLC and directed staff complete the due diligence within the ninety (90) day Feasibility Determination and Approval Period. On December 12, 2017 the Board granted final approval to the Agreement. On April 3, 2018 the Board approved a Facilities Use Agreement with King Maritime Group, LLC that expired June 30, 2018. FINANCIAL IMPACT: N/A RECOMMENDATION: Packet Pg. 69 Staff recommends that the Board adopt the resolution and approve the usage of a Dockage Agreement as drafted by the County Attorney and authorize the Chair to sign the resolution. COMMISSION ACTION: Coordination/Signatures Danie . McIntyre, C my ttorney 10/10/2018 Ho and Tipton, Count Administrate 10/12/2018 Updated: 10/9/2018 1:00 PM by Stan Payne Page 2 Packet Pg. 70 8.D.3.a i� NT Y - F L O it I D A M F&a &W Port of Fort Pierce- Current Rates as of January 2018 Charge Description Rate Vessel Dockage -per foot per day $2.00 Vessel Dockage/Lay Docking (Docking w/o any yard business $2.50 Dock Fee per voyage $ 125.00 Linesman -per service call per man $ 150.00 11 rates figured on short tons (20001bs) unless noted Wharfage -per loaded container $12.00 Wharfage -per empty container $8.00 Wharfage -general cargo $8.00 Wharfage -lumber, cement, steel $8.00 Wharfage -autos up to 5000 lbs. $8.00 Wharfage-autos/Trucks over 50001bs $12.00 Handling -per loaded container LS $85.00 Handling -per empty container (LS) $20.00 Handling -general cargo $15.00 Handlin-lumber,cement,steel $8.00 Handling -Autos up to 5000lbs LS $45.00 Handling-Autos/Trucks over 5000lbs $20.00 Water Hookup -per hookup LS $75.00 Water Usage -per gallon $0.03 Shore Power Hookup -per hookup $ 180.00 Shore Power -per 100 amp line $100.00 Garbage Bins-4 cubic yard $155.00 Bunker -Fuel charge per gallon $0.03 Stevedorin -JOO ton Crane w/o erator 2 hr. minper hour $275.00 Stevedoring- Small Forklift w/o erator per hour $55.00 Stevedoring -Medium Forklift w/o erator 2 hr. minper hour $75.00 Stevedoring -Heavy Forklift w/o erator (2 hr. min) per hour $100.00 Stevedorin -H ster w/o erator 2 hr. minper hour $150.00 Stevedoring- Suervisor 2 hr. minper hour $60.00 Stevedoring -Checker 2 hr. minper hour $50.00 Stevedoring -Laborer crane $275.00 Stevedoring -Top Pick w/operator (2 hr. min) per hour $180.00 Stevedoring -Boom Truck w/o erator 2 hr. minper hour $225.00 Security- Must provide own security after normal business hours. N/A Please Note: All rates are subject to change upon reasonable notice. Packet Pg. 71 s, ^��, ., 8.D.3.b DOCKAGE AGREEMENT Port of Fort A-4 4 f-4 Noa 1001 HARBOR STREET FORT PIERCE, FL 34950 772-462-6766 This is a DOCKAGE AGREEMENT between St. Lucie County, 1001 Harbor Street, Fort Pierce, FL 34950 herein referred to as the "Terminal", and the Owner(s) or Operator(s) referred to herein, for the dockage of the described vessel on the terms and conditions as hereinafter provided, at the Terminal. 1. VESSEL Name: Registration/Documentation Make Number: Beam: Color: Length: Inboard Gas: Diesel: Power: Sail Yes: No: 2. OWNER or OPERATOR Name: 3. 4. Home Addre Year: Draft: Outboard: Coast Guard approved head (required): First Name M.I. Last Name Street City, State & Zip Business Address: Phone: Street City, State & Zip Email Address: Notify in Case of Emergency Name(s): First Name M.I. Last Name Home Address: Phone: Street City, State & Zip Business Street City, State & Zip VESSEL INSURANCE Proof of Insurance is required. Note: St. Lucie County Board of County Commissioners must be included as an "Additional Insured". Carrier: Policy Number: Agent Name: Phone: DOCKAGE TERM Commencement Date: Termination Date: Packet Pg. 72 8.D.3.b 5. CHARGES Regular Daily Dockage Fee: $ 2.00 per foot per day plus 6.5% Sales tax. A $200 deposit per vessel is required at the time of application. Please refer to rate sheet for additional services. N Charges (including applicable taxes) are payable monthly. Charges are prorated to first of the month if term 0 commences other than on the first of the applicable month. Charges not paid within 30-days shall result in a late payment of three percent (3 %) of the appropriate monthly amount. a. r- 0 6. DOCKAGE SPACE ASSIGNED: 4- 0 This AGREEMENT is for the use of dock space and the reasonable right of ingress and egress to the dock across r- a° Terminal's shoreside facilities. Automobiles shall be parked only in designated areas. The use of the dock space and am shoreside aprons and roadways are at the sole risk of the Owner. The Owner and Operator shall indemnify and hold harm z the Terminal from all claims made by guests, invitees or other persons visiting the vessel. The Terminal assumes responsibility for the care or protection of the vessel including gear, equipment, contents or cargo and shall not be liable g any loss or damage of whatever kind or matter that may occur while the vessel is located at the Terminal 's dock. LOU Terminal makes no representation or warranty as to the suitability of the facilities for use by the Owner or Operator or ,n particular vessel. O° 7. The Owner or Operator warrants to the Terminal that the vessel and its Owners have adequate and reasonable c liability insurance coverage and the Owner or Operator agrees to produce evidence of such coverage upon reques N by the Terminal at any time after the date hereof. w 8. The Owner or Operator and the vessel shall be responsible for all damage to dock structures or facilities caus W )y the vessel or persons associated with the vessel. c 9. This AGREEMENT shall be terminable upon written notice by either party. Notice to the Terminal shall E delivered to the Terminal Offices. Notice to the Owner or Operator shall be sufficient if delivered to the vessel m given to the person in charge or conspicuously posted thereon. In the event of termination by the Terminal vessel shall be removed from the dock within 24 hours of the giving of written notice of termination. Q d 10. In the event of gale or hurricane warnings the Terminal shall have the right to order the immediate removal of ' vessel from the Terminal's facilities and, should the vessel not be promptly removed upon receipt of such notic " within 24 hours of termination notice for any other reason, the Owner hereby authorizes the Terminal to arrange o removal of the vessel to other moorings or to have the vessel put to anchor within the Port of Fort Pierce. The ON shall indemnify and hold harmless the Terminal for its actions under this paragraph. d 11. The Terminal shall have a lien against the vessel, her appurtenances and contents for unpaid sums due it for rei IL services rendered or damage caused to the Terminal facilities. Should the Terminal refer the collection of suc �0 sums to attorneys, the Owners and the vessel shall also be liable for all costs of collection including a reasonab o attorney's fee. Any lawsuit to enforce the terms of this AGREEMENT shall be filed in St. Lucie Count. r Florida. a 12. The undersigned Owner or Operator certifies and warrants that he or she is the managing Owner of the vess � described above or is authorized to act on behalf of the Owners and to subject the vessel to the provisions of th AGREEMENT. o AGREED TO: c VESSEL OWNER (or Authorized Agent) St. Lucie County E z 0 By: First and Last Name Date: By: Executive Director, Port of Fort Pierce Date: a Packet Pg. 73 8.D.3.c RESOLUTION NO. 18-XXX A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ESTABLISHING RATES FOR THE PORT OF FORT PIERCE ON AN INTERIM BASIS AND PROVIDING AN EFFECTIVE DATE WHEREAS, on September 21, 2017 the Board of County Commissioners authorized the Chair to sign the Purchase and Sale Agreement with King Maritime Group, LLC and directed staff complete the due diligence within the ninety (90) day Feasibility Determination and Approval Period; and WHEREAS, on January 18, 2018 the County closed on the Purchase and Sale Agreement with King Maritime Group, LLC; and WHEREAS, Section 315.03, Florida Statutes authorizes the Board to fix and collect rates, rentals, fees and other charges for any of the services and facilities provided by the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The Port of Fort Pierce rates, attached as Exhibit "A", are approved on an interim basis. B. This resolution shall become effective upon adoption. After motion and second, the vote on this resolution was as follows: Chair Frannie Hutchinson XXX Vice Chair Linda Bartz XXX Commissioner Chris Dzadovsky XXX Commissioner Anthony Bonna XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED this 16th day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 74 8.D.3.c Exhibit "A" Port of Fort Pierce Interim Rates Ln CO r Cb T- O N W C O r 3 O N d Q' N d Cu Q' d v L O d L O U- 4- O Y L 0 U- a o: 0 M 0 C6 r C O E V a Packet Pg. 75 8.D.4 ITEM NO. RES-2018-184 TO: PRESENTED BY: SUBMITTED BY: ci miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE: 10/16/2018 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Approving Amended & Restated Facilities Use Agreement with Safe Space, Inc. Safe Space, Inc. has requested the use of office space in the St. Lucie Health Department Office located at 714 Avenue C in Fort Pierce ("Facility 1") and at 5150 NW Milner Drive, Port St. Lucie, Florida ("Facility 2") to provide a location for attorneys to meet with its domestic abuse clients. The Health Department supports the request. Pursuant to the proposed Amended & Restated Facilities Use Agreement, Safe Space would be permitted to use Room 119 in Facility 1 and Room 160E in Facility 2 for these meetings beginning January 16, 2018 for Facility 1 and October 1, 2018 for Facility 2 until such time as it is terminated by either of the parties. A copy of a proposed resolution approving the agreement is also attached to this agenda item. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board adopt the proposed resolution approving the Amended & Restated Facilities Use Agreement with Safe Space, Inc., and authorize the Chair to sign the resolution and the Amended & Restated Facilities Use Agreement. COMMISSION ACTION: Packet Pg. 76 Coordination/Signatures Danie S. McIntyre, County ttorney 10/5/2018 .13LV y er, De y County Administrator 10/6/2018 updated: 10/4/2018 11:41 AM by Stephanie Bush Page 2 Packet Pg. 77 8.D.4.a AMENDED & RESTATED FACILITIES USE AGREEMENT THIS AGREEMENT made and entered into on this day of , 2018, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and SAFESPACE, INC., a Florida not for profit corporation, hereinafter referred to as "User". WITNESSETH: WHEREAS, the County owns a facility located at 714 Avenue C, Fort Pierce, Fort Pierce, Florida, hereinafter referred to as the "Facility 1"; and owns a facility located at 5150 NW Milner Drive, Port St. Lucie Florida hereinafter referred to as the "Facility 2"; and WHEREAS, the St. Lucie County Health Department desires to have the User occupy Room 119 of the Facility 1 and Room 160E of the Facility 2 pursuant to its agreement with the St. Lucie County Health Department to provide for victims of domestic violence on the Treasure Coast to meet with attorneys in conjunction with services offered by the User; and, WHEREAS, on January 23, 2018, the County entered into a Facilities Use Agreement to allow User to use Facility 1; and WHEREAS, the County and User desire to amend and restate the January 23, 2018 Agreement to allow the User to also use Facility 2 in addition to Facility 1; and WHEREAS, the County is willing to enter into this Amended and Restated Agreement with the User to permit it to use Facility 1 and 2 for such purposes. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. SITE The parties acknowledge and agree that Facility 1 is located at 714 Avenue C, Fort Pierce, Florida and Facility 2 is located at 5150 NW Milner Drive, Port St. Lucie, Florida. 2. USE OF FACILITY The User shall use the Room 119 of Facility 1 and Room 160E of Facility 2 to provide office space to attorneys working with the User to provide services to victims of domestic violence on the Treasure Coast pursuant to the User's agreement with the St. Lucie County Health Department. 1 s:\ATTY\Agreemnt\\Safe Space 2017 Amended & Restated FUA Packet Pg. 78 8.D.4.a 3. TERM The term of this Agreement shall begin on January 16, 2018 for Facility 1 and on October 1, 2018 for Facility 2 and continue during the term of its agreement with the St. Lucie County Health Department or until terminated as herein provided. Either party may terminate this Agreement without cause upon sixty (60) days prior written notice to the other party. 4. PERSONNEL The User represents that it has, or will secure at its own expenses, all necessary employees and volunteers required to perform the services under this Agreement. All employees employed by the User shall not be employees of or have any contractual relationship with the County. 5. INDEMNIFICATION AGAINST CLAIMS The User is and shall be an independent contractor and operator, responsible to all parties for its acts and omissions and the County shall in no way be responsible for such acts or omissions. Neither party waives sovereign immunity. This indemnification is not intended to provide a third party right or cause of action. 6. NO LIEN CREATED The User covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the County in and to each Facility under this Agreement, and that no third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons contracting with the User or furnishing materials or labor to the User, or to its agents or servants, as well as all persons whomsoever shall be bound by the provisions of the Agreement. 7. INDEPENDENT CONTRACTOR RELATIONSHIP All persons engaged in any of the work or service performed pursuant to this Agreement, with the exception of County employees, shall at all times, and in all places, be subject to the User's sole direction, supervision and control. The User shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the User's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. In addition, the User shall not have the power or authority to bind the County in any promise, agreement or representation other than specifically provided for in this Agreement. 2 Packet Pg. 79 8.D.4.a 8. INSURANCE The User shall procure and maintain, at its own cost and expense, the following forms of insurance coverage or the equivalent thereof which shall name St. Lucie County as an "Additional Insured" and said copy of insurance shall be submitted to the County: A. Public Liability Coverage insurance coverage, Comprehensive General Liability including contractual liability covering the indemnification provision agreement contained in this Agreement. Coverage shall provide a combined minimum limit of One Million and 0/100 Dollars ($1,000,000.00) per occurrence/$2,000,000.00 general aggregate. B. Workers' Compensation insurance in accordance with the laws with the State of Florida is required. If the User is exempt, documentation shall be provided by the User upon execution of this Agreement. C. Tenant's Insurance insuring the User's personal property, equipment and improvements necessary to rebuild User's improvements, if any, on a replacement value basis. Not less than fifteen (1S) days prior to any use of the premises by the User, the User shall file with the County's Risk Manager evidence of the required insurance by way of a Certificate of Insurance which shall be subject to the County's Risk Manager as to form, adequacy and documentation of insurance coverage. The forms and amounts of coverage shall be clearly expressed on said Certificate of Insurance. The filing of said Certificate shall constitute the User's representation that the insurance coverage evidenced by the Certificate complies with the requirements of this Agreement. In the event a claim is filed against a party for operations that are covered by the provisions of this Agreement, the party agrees to notify the other parties of the claim as soon as possible but not later than thirty (30) days after the party receives the claim, consideration being given to the form of the claim and the time limits within which answer must be served. The County may adjust listed coverage rates at the reasonable discretion of the County Administrator or designee if the County Administrator believes it to be in the best interest of the County based on industry guidelines. 9. REPAIRS AND MAINTENANCE The County agrees at its expense to make all routine repairs to each Facility, including structural, air conditioning, electrical, plumbing, sewer conditions, and all other repairs that may be required to be made. The User shall be responsible for the cost of all utilities for the use of each Facility pursuant to a Memorandum of Understanding with the St. Lucie County Health Department. The User at its expense agrees to deliver to the County upon the termination of this Agreement, each Facility in a good state of repair and condition, ordinary wear and tear, and damage by the elements or fire accepted. User shall return the space used to its original condition 3 s:\ATTY\Agreemnt\\Safe Space 2017 Amended & Restated FUA Packet Pg. 80 8.D.4.a upon termination of this Agreement. The User shall keep each Facility at all times in a clean and orderly condition and appearance and all of the User's fixtures, equipment and personal property which are located on any part of each Facility which are open or visible to the general public shall likewise be so kept and maintained. In the event that the User fails in any material respect to so clean each Facility within a period of thirty (30) days after notice from the County to do so, or fails in any material respect diligently to pursue to completion such action, then the County may, at its option, and in addition to any other remedies which may be available to it, clean all or any part of each Facility included in such notice, and cost shall be payable by the User immediately upon demand of the County. 10. DEFAULT: TERMINATION As provided in Paragraph 3, either party may terminate this Agreement without cause upon sixty (60) days prior written notice to the other party. In addition, the County may terminate this Agreement for cause upon fifteen (15) prior written notice to the User. In the event the County terminates this Agreement, the County shall have the right to re-enter or repossess each Facility during the period of the User's right to use thereof, either by force, summary proceedings, surrender or otherwise, and dispossess and remove therefrom the User or other occupants thereof, without being liable for any prosecution therefore and shall have the right to utilize the Facility as it determines to be in the best interests of the County. Should the County incur expenses in enforcing its rights hereunder, specifically including attorneys' fees and court costs (at the lower court and appellate levels), said expenses shall be borne by the User. 11. NON-DISCRIMINATION The User for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of face, color, national origin or sex shall be excluded from participation in, be denied the benefits or, or otherwise be subjected to discrimination in the use of the facilities. 12. CONFLICT OF INTEREST The User hereby represents and warrants that neither it nor any of its directors, officers, members, partners or employees has any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. The User further represents and warrants that in the performance of this Agreement, no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of the County of St. Lucie nor any person whose salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to this Agreement which affects his/her personal financial interest or the financial interest of any corporations, partnership or association in which he/she is, directly or indirectly, interested nor shall any such person have any financial interest, direct or indirect, in this agreement or in the proceeds thereof. 4 Packet Pg. 81 8.D.4.a 13. ASSIGNMENT No party may assign their rights or obligations under this Agreement without the written consent of the other parties which consent shall not be unreasonably withheld. Any attempt to effect an assignment without the County's prior written consent shall be deemed a default under this Agreement. 14. ENTIRE AGREEMENT This Agreement and the attachments hereto represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiation, understandings, and representations (if any) made by and between such parties. 15. AMENDMENTS The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 16. FURTHER ASSURANCES The parties hereby agree from time to time to execute and deliver such further and other transfers, assignment and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the terms of this Agreement. 17. BINDING EFFECT All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. 18. NOTICES All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: 5 s:\ATTY\Agreemnt\\Safe Space 2017 Amended & Restated FUA Packet Pg. 82 8.D.4.a AS TO ST. LUCIE COUNTY St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 AS TO USER: SafeSpace, Inc. 612 SE Dixie Highway Stuart, FL 34994 WITH A COPY TO: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 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 telecommuniated if by telegraph, (c) on the date of transmission with confirmed answer bank if by telex, and (d) 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. Whenever any party hereto is required to give its approval or disapproval to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of written requests for approval or approval shall be deemed to be granted. 19. HEADINGS The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 20. PRONOUNS In this Agreement, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, wherever it appears appropriate from the context. 21. SURVIVAL All covenants, agreements, representations and warranties made herein or otherwise made in writing by any party pursuant hereto shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 22. WAIVERS The failure or delay of any party prior to a period which would constitute laches at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require performance of that provision or to 6 Packet Pg. 83 8.D.4.a exercise any right, power or remedy hereunder, and any waiver by any party of any breach of any provision of this agreement should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any case shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. 23. GOVERNING LAW; VENUE This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of 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 have executed this Amended and Restated Agreement on the day of 12018. ATTEST: Deputy Clerk ATTEST: Secretary BOARD OF COUNTYCOMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney SAFESPACE, INC. 7 s:\ATTY\Agreemnt\\Safe Space 2017 Amended & Restated FUA President (Seal) Packet Pg. 84 8.D.4.b RESOLUTION NO. 18-XXX A RESOLUTION ALLOWING SAFE SPACE, INC., A 501(c)(3) NONPROFIT CORPORATION, THE USE OF SPACE AT 714 AVENUE C, FORT PIERCE, FLORIDA, AND AT 5150 NW MILNER DRIVE, PORT ST. LUCIE, FLORIDA, FOR MEETING SPACE TO PROVIDE DOMESTICE ABUSE CLIENT SERVICES; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Safe Space, Inc., a 501(c)(3) nonprofit corporation, (the "User"), has requested the use of space in the St. Lucie County Health Department Offices located at 714 Avenue C, Fort Pierce, Florida, and at 5150 NW Milner Drive, Port St. Lucie, Florida, (the "Sites"), to provide for victims of domestic violence on the Treasure Coast to meet with attorneys in conjunction with services offered by the User ; and WHEREAS, Section 125.38, Florida Statutes (2018) requires that any not for profit organization wishing to use any real or personal property that may be owned by any county or this state or by its board of county commissioners, for public or community interest and welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such property is required for such use and is not needed for County purposes, the Board can allow the use of such property; and WHEREAS, the County desires to make the subject property available to the User for the above -described purpose. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: The Board does hereby grant permission to Safe Space, Inc., to use Room 119 at 714 Avenue C, Fort Pierce, Florida and Room 160E at 5150 NW Milner Drive, Port St. Lucie, Florida to provide for victims of domestic violence on the Treasure Coast to meet with attorneys in conjunction with services offered by Safe Space, Inc. 2. The term of this use shall begin on the dates set out in the Amended & Restated Facilities Use Agreement until such time as the agreement is terminated. After motion and second, the vote on this resolution was as follows: Packet Pg. 85 8.D.4.b Commissioner Frannie Hutchinson, Chair XXX Commissioner Linda Bartz, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Anthony Bonna XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED this ATTEST: day of October 2018. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK FRANNIE HUTCHINSON, CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY Packet Pg. 86 8.D.5 ITEM NO. (ID # 5598) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 10/16/2018 *CONSENT AGENDA\COUNTY ATTORNEY Supervisor of Elections - Lease with Orange Blossom Investment, LLC - Option to Extend Lease Term In 2002-2003, the Supervisor of Elections ("SOP) located available space in the Orange Blossom Mall ("Mall") and expressed a desire to relocate to the Mall. On January 28, 2003, the County entered into a Lease with Desantis Commercial, Inc. to lease certain space at the Mall for a ten year term. The County has subsequently entered into four addendums to the January 28, 2003 Lease which extended the lease term through May 31, 2018. On May 15, 2018, the Board approved a Fifth Lease Addendum, a copy of which is attached. Under the terms of the Fifth Addendum the lease term was extended from June 1, 2018 through February 28, 2019. The rent for the extended term remained at the same rental rate as May 2018 for the months of June, July, August and September, 2018. Beginning October 1, 2018 through February 28, 2019 the proposed rental was increased to $12.00 per square foot. The Lease Addendum allows the SOE to remain in the current location through the November 2018 election. County staff worked with the SOE to explore future facility options before 2019. None of the options were acceptable. The Fifth Lease Addendum provides that the County has an option to extend the Lease for a five year term from March 1, 2019 through February 29, 2024. To exercise the option, the County must notify the Landlord by October 31, 2018. If the option is exercised the rent for the option period is set out in Schedule C attached to the Fifth Addendum. PREVIOUS ACTION: On May 15, 2018, the Board approved a Fifth Lease Addendum. FINANCIAL IMPACT: Funding is available in Account No. 001-1910-544000-100. RECOMMENDATION: Staff recommends that the Board exercise the five year option as provided in the Fifth Lease Addendum Packet Pg. 87 8.D.5 and authorize the County Administrator to notify the Landlord before October 31, 2018. COMMISSION ACTION: Coordination/Signatures C) anie s. McIntyre, C my ttorney 10/12/2018 Jenn r Hill, 0lflce oI ldlana and Bu get oirector 10/11/2018 -/Z 0'� , ):;- Ho and Tipton, Count Administrato 10/12/2018 updated: 10/9/2018 3:55 PM by Kelly Phelan Page 2 Packet Pg. 88 8.D.5.a FIFTH LEASE ADDENDUM THIS FIFTH LEASE ADDENDUM ("Fifth Addendum") is entered into as of March , 2018, by and between ORANGE BLOSSOM INVESTMENT, LLC, a Florida limited liability company as "Landlord", and ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS as "Tenant", and amends and modifies as herein stated that certain Commercial Lease ("Lease") dated January 28, 2003, entered into between Tenant, and DeSantis Commercial, Inc., a Florida corporation, as agent for the then owner -landlord of the Premises and the Center, as amended by that certain Lease Addendum ("First Addendum") between Landlord and Tenant dated April 29, 2003, and as amended by that certain Lease Addendum ("Second Addendum") between Landlord and Tenant dated November 5, 2010, and as amended by that certain Lease Addendum ("Third Addendum") between Landlord and Tenant dated March 14, 2013 and as amended by the certain Lease Addendum ("Fourth Addendum") between Landlord and Tenant dated March 24"' 2014. The Lease, First Addendum, Second Addendum, Third Addendum and Fourth Addendum are sometimes collectively hereafter referred to as the "Lease". Capitalized terms herein shall have the meanings as defined in the Lease unless otherwise defined herein. IN CONSIDERATION of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Landlord and Tenant agree and acknowledge that the Lease is modified and amended as follows: 1. Tenant acknowledges that Orange Blossom Investment, LLC., is the current Landlord under the Lease. 2. The Term of the Lease shall be extended from June 1, 2018 through February 28, 2019 ("Renewal Term"). 3. The "Premises" consists of Bays 64, 65, 66, 49, 50, 51, 52 as set forth on Exhibit "A" attached hereto, which Exhibit shall supersede and replace any prior Exhibit "A". Landlord and Tenant hereby agree and stipulate for the purposes of this Lease that the square footage of the Premises consists of a total of 21,712 square feet. Bay 49 actually consists of 6,193 square feet, but for purposes of the Lease Rent Tenant is being charged for only 4,193 square feet. 4. The Rent for the Renewal Term shall be as set forth below: a. June, July, August and September, 2018 shall be at the same Rental rate as the Rental Rate for the Premises for May, 2018. b. October, November, December 2018, January and February 2019 shall be at the rate of $990$12.00 per square foot. See the attached Schedule C f'or the rent schedule for the term October 1, 2018 through February 28, 2019, which shall be the Schedule C of the Lease for such time period. 5. Provided Tenant is not in default of the Lease, Tenant shall have one (1) option to extend the Lease Term for a five (5) year term, from March 1, 2019 through February 29, 2024. Packet Pg. 89 8.D.5.a Tenant shall exercise the option by giving Landlord written notice of exercise of the option no later than October 31, 2018. The extended term shall be on the same terms and conditions of the Lease, except that the rent for the extended term shall be as set forth on the attached Schedule C for the term March 1, 2019 through February 29, 2024. On March 1, 2019, said Schedule C shall become the Schedule C of the Lease and shall supersede and replace any prior Schedule C or Rent Schedule 6. There are no brokers involved in this Fifth Addendum. 7. This Fifth Addendum may be executed in counterparts and electronically transmitted signatures shall be deemed to be original. 8. All other terms, covenants and conditions of the Lease are hereby ratified and affirmed IN WITNESS WHEREOF, this Fifth Addendum is executed on the dates set forth below. Signed in the presence of: WITNESS: Print Name: WITNESS: Print Name: WITNESS: Print Name: WITNESS: Print Name: Landlord: ORANGE BLOSSOM INVESTMENT, LLC., a Florida limited liability company Terri Wilkin, Manager Dated: March 2018 Tenant: ST LUCIE, COUNTY BOARD OF COMMISSIONERS Its: Dated: , 2017 Packet Pg. 90 8.D.5.a Exhibit A Exhibit A',, 52 Legend GLA 2,302 61 Existing GLA 2,225 New 60 Returned GLA 2,225 49 GLA 6,193 Lease Amendment Four Bay Lease Status GLA 64 - 66 Existing 10,767 49 New 6.193 50 New 2,225 51 New 2,225 52 New 2,302 64 - 66 7.t,l (A-� 23,712 GLA 10,767 Note: Rent is based on 21,712 sq. ft. - 67 Note: Bay 49 actual area is 6,193 sq. ft., however, GLA 2,268 rent is being charged for only 4,193 sq. ft. Packet Pg. 91 8.D.5.a Exhibit B — Landlords Work 1. New HVAC Unit (E4) Packet Pg. 92 8.D.5.a SCHEDULE C RENT SCHEDULE Orange Blossom Investment, LLC and St Lucie County Board of County Commissioners For Bays 64,65,66,49,50,51,52 at the Orange Blossom Business Center This is the schedule C to the lease for the term October, 1 st 2018 through February 28th 2019 Orange Blossom Investment, LLC Lease Scenario - Prep Date 03/20/18 For OBBC Unit/Bay #: 64,65,66,49,50,51,52 Sq. Feet for Rent: 21,712 Base Rent Rate psf: $12.00 Ann rent escalation rate: Sq. Feet for CAM: Curr CAM Rate psf: Ann CAM escalation rate: Start date of Lease: 10/01/18 Lease Year 1 From To Base Rent PSF ImonthLy jAnnuat Base Rent Base Rent 10/01/18 -1 12.00 0.00 0.00 Packet Pg. 93 8.D.5.a Schedule C Rent Schedule for 2019 Commerical Lease ("lease') between Orange Blossom Investment and st Lucie County Board of County Commissioners Bays 64,65,66,49,50,51,52 at Orange Blossom Business Center (a) Actual sq ft of these units is 23,712. (2,000 sf within Unit 49 is provided free of charge) (b) Tanant also occupies unit 53 (2,463 sf) at NO charge (c) Cam is WAIVED Orange Blossom Investment, LLC Lease Scenario - Prep Date 03/20/18 For OBBC Unit/Bay #: 65,66,49,50,51,52 Sq. Feet for Rent: 21,712 Base Rent Rate psf: $10.00 Ann rent escalation rate: 3.00% Sq. Feet for CAM: 21,712 Curr CAM Rate psf: 4.26 Ann CAM escalation rate: Start date of Lease: 03/01/19 From To Base Rent PSF Monthly jAnnual Base Rent Base Rent 03/01/19 02/29/20 10.00 18,093.33 217,120.0 03/01/20 02/28/21 10.30 18,636.13 223,633.E 03/01/21 02/28/22 10.61 19,195.22 230,342.E 03/01/22 02/28/23 10.93 19,771.07 237,252.8 03/01/23 11.2E 20,364.211 244,370.4 Packet Pg. 94 8.N.1 ITEM NO. (ID # 5527) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Summer Ivey -Platt, Venue Coordinator Parks & Special Facilities Division Busch Family Foundation Concert DATE: 10/16/2018 *CONSENT AGENDA\PARKS & RECREATION 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 the annual event since 2005. The mission of the Peter W. Busch Family Foundation is to support, enrich, and enhance the very community in which it was started. Formed over 30 years ago in Ft. Pierce, FL, Peter W. Busch believed in supporting initiatives that improve the quality of health, education, and families in his community, as well as the preserving of Florida's indigenous animals and landscape. This one day event will encompass a Country Music Concert we are anticipating 5000+ visitors throughout the event. 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 Facility Use Policy for fee waivers. This organization is requesting to host their 13th annual event at Adams Arena on January 19, 2019. They are requesting that the County waive the Adams Arena rental fees of $3750.00. The Peter W. Busch Family Foundation has agreed to reimburse the County $3608.00 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 13 years. A fee waiver was approved for the 2018 Professional Bull Riding Event. This year the event has been changed to a Country Concert, but will still benefit the Peter W. Busch Family Foundation. FINANCIAL IMPACT: The County will forego the Adams Arena rental fee of $3750.00 to the User Fees revenue account (#001- 7511-347221-7420), if the waiver is approved. Packet Pg. 95 8.N.1 RECOMMENDATION: Staff recommends Board authorization to waive $3750.00 for the rental fees for Adams Arena for the 2019 Peter W. Busch Family Foundation Concert to be held at the St. Lucie County Fairgrounds as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures r� d 1Y Edward Matthews, ParX&ecreayt'/nDirector9/14/2018 4aniieYS. McIWCty,orney 9/14/2018 �Bjw L 1 y BZWer, DeRAy County Administrator 9/17/2018 Updated: 9/11/2018 4:08 PM by Summer Ivey -Platt Page 2 Packet Pg. 96 ESTIMATE OF FEES 8.N.1.a VENUE PHONE Estimate Date: September 6, 2018 Event: Country Music Concert No. of Attendees St. Lucie County Fairgrounds 772-462-2581 FAX: Event Date: Event Day: Event Times: Set Up/Load In: 772-462-2579 Jan. 19, 2019 Saturday 4pm-12am Jan. 17-18, 2019 Contact: Tom Padrick Set Up/Load In Hours: 7am-5pm E. Clean Up/Load Out: Jan. 20, 2019 Organization: Peter W. Busch Family Foundation Clean Up/Load Out Hours: 9am-12pm 0 Address: 5300 Glades Cut Off Rd. Total Hours: 21 v Fort Pierce, FL 34981 0 Office Phone: 772-461-8644 Fax: a Cell: 772-216-2391 E-mail Address: tpadrick(a)southerneagled ist.corn c 0 U_ Facility Use Fee Rate Fee Adams Arena 1 day @ $2000/day $2,000.( E Adams Arena Load In/Load Out 3 days @ $1000/day $3,000.( cc $0.( N Sub -total $5,000.1 00 25% Non Profit Discount $1,250.1 N Sales Tax 6.55/0 T WAIVER REQ AMT FACILITY USE FEE TOTAL $3,750.1 r Equipment Use Fees 0 N 0 Arena Flooring $1500/event $1,500.( E EQUIPMENT FEES TOTAL $1,500.( r_ Sales Tax 6.5% T Staff/Personnel Hours Charge/Hour M Event Supervisor (Required) 21 $26.00 $546.( 0 ILL Event Support 5 Staff 48 $19.00 $912.( (Does not include cost of any required security personnel) STAFF FEES TOTALI $1,458.( u_ Other Fees s Electric $0.( Cleaning Fee $650.( 00 OTHER FEES TOTAL $650.( a� a Security Deposit SECURITY DEPOSIT TOTAL $0.( a Payable to St. Lucie County BOCC TOTAL ESTIMATED CHARGES $7,358.( r Other Requirements include but are not limited to: c 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documen v 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 namii Q St. Lucie County BOCC as an Additional Insured is required.lif needed, Event insurance is available at reasonable rates. Estimate Prepared by: 5"00r= Duey-�latS Estimate Accepted by: FORM APPROVED FEBRUARY 15 2012 Packet Pg. 97 SOUTHERN EAGLE D 1 S T R 1 B U T 1 N G Peter W. Busch Family Foundation 5300 Glades Cutoff Road Fort Pierce, FL 34981 September 11, 2018 Mr. Edward Mathews, Director Parks, Recreation & Facilities 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Mathews, The Peter W. Busch Family Foundation is recognized as exempt under section 501(c)(3) of the Internal Revenue Code. As you may know, the PWBFF has been hosting annual events at the St. Lucie County Fairgrounds since 2005. We are requesting a waiver of the fees for the Adams Arena and the FFA concessions building for our one day concert event scheduled for January 19", 2019. This one day event will encompass a country concert & BBQ with a top named Country artist and two other bands, to be named in the near future. We do have a commitment from the artist, however they asked not to release the name until October 1, 2018. We expect to draw a sellout crowd of 5,000+ for this event. The mission of the PWBFF is to support, enrich and enhance our local community. Formed over 30+ years ago in Fort Pierce, Florida, Peter W. Busch believes in supporting initiatives that improve the quality of health, education and family 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, jPauOIR.abulsyk Vice President Southern Eagle Distributing, Inc. (772)461-8644 Packet Pg. 98 8.N.1.c I)upuUmcnl n'ti:u'f'1'ctt ut �t �j �\ Inlrrtuli Jtrv.nuc tirrt'I�c Jp18a9 P.O. Box ,'508 Tn I•eply refer to - 024816c3t,. Cinr.nnat > 011 45201 DP-C. 19, 2013 LTR 4168C {) 43 -6.,07996 000000 00 00019/9U BODC: TE PETER W SU9C14 FAMILY FOUNDATION 5300 GLADES CUT OFF RD VOI T PIFRCE FL 3498 i Employer ident,ficat--on Number. 43-6387996 Person to Contact: Mr. McQueen Toll Free Telephone Nutnbera I-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 recoF;na.zed as exempt under section 50:(c)(3) of the Internal Revenue Code in a determination -_etter issued in October 1991. Our records also indicate that you are a pr,vate 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 ar 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.govleo for information regarding filing requirements. Specifically, section 6033() of the Code Provides that failure to file an annual information return for three consecutive years results in revocation of flax -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-exempt status was revoked under section 6033(j) of the Code on our website beginning in early 2011. Packet Pg. 99 8.N.2 ITEM NO. (ID # 5579) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Edward Matthews, Parks & Recreation Director Parks and Recreation DATE: 10/16/2018 *CONSENT AGENDA\PARKS & RECREATION 1st Amendment to Contract #C16-11-706 - iVox Solutions iVox Solutions is located in Port St. Lucie and has been providing call center services for several years. They have moved into a space at the corner of NW Peacock and NW University Boulevards and wish to use a portion of the First Data Field parking area for employee parking. The parking area had been under a use agreement with other similar companies, including Aegis Communications Group, LLC, since 2012. Staff met with the EDC and the Mets and developed the current use agreement. The use agreement includes two five-year terms and the County will be paid $50,000 annually for use of the parking area with these funds going towards the maintenance and operation of First Data Field and the parking lot. On November 15, 2016, the Board approved Agenda Item #3941 for approval of Contract #C16-11-706 for iVox Solutions, as well as a transfer of $100,000 from General Fund for parking lot improvements at the stadium to be reimbursed over the first 2 years of the contract. The term of the agreement began February 1, 2017. The $50,000 annual rent payment schedule was to be $10,000 payable on February 1, 2017 and $40,000 on August 1, 2017. On July 10, 2018, the Board approved Agenda Item #5337 for approval of the 1st Amendment to Contract #C16-11-706 for iVox Solutions, in reference to the letter submitted by Mr. Newton, owner if iVox Solutions. iVox paid the County $2,000 with a letter requesting to continue to pay $50,000 annually, but to amend the start date of the contract to October 1, 2017, as well as amend the fee payment schedule. After further discussion, all parties agreed on the amendment as drafted by the County Attorney to amend the start date of the agreement from Feb. 1 to Oct. 1 and to amend the fee payment schedule for the first year of the contract. Thereafter, the semiannual rent payments of $25,000 plus sales tax will be due on Nov. 1 and May 1 annually. On September 12, 2018, after reviewing the Contract Amendment approved on July 10, 2018, Mr. Newton requested to change the rental fee schedule starting in year 2 from semi-annual to monthly. Under this Contract Amendment, the rent of $4,166.67 plus applicable taxes will be due monthly at the end of each month beginning October 31, 2018. Packet Pg. 100 8.N.2 PREVIOUS ACTION: The County approved a use agreement with iVox solutions to utilize parking at First Data Field on November 15, 2016. FINANCIAL IMPACT: The $50,000 annual use agreement revenue will be posted to account string #001-7210-347221-75201 (General Fund - User Fees) for the first 2 years ($48,000 in Year 1, $50,000 in Year 2) to reimburse the initial funds transferred to Regional Parks & Stadiums for parking lot repairs. Beginning with Year 3, the $50,000 annual use agreement revenue plus any applicable rent increase shall be posted to account string #362-7210-347221-75201 (Sports Complex Fund - User Fees). RECOMMENDATION: Staff recommends the Board approve the First Amendment to Contract #C16-11-706, use agreement at First Data Field with iVox Solutions, as drafted by the County Attorney and authorize the Chair to sign the agreement. COMMISSION ACTION: Coordination/Signatures 1 h Sabat Sr. Office Operation Specialist 10/1/2018 Danie S. McIntyre, C my ttorney 10/1/2018 cuiwu �Bjw�� 1 y BZWer, DekAy County Administrator 10/1/2018 Updated: 9/28/2018 11:05 AM by Joseph Sabater Page 2 Packet Pg. 101 8.N.2.a FIRST AMENDMENT TO TRADITION USE AGREEMENT C16-11-706 THIS FIRST AMENDMENT made and entered into on this day of 2018 by and between St. Lucie County, a political subdivision of the State of Florida ("COUNTY"), Sterling Facility Services, LLC, a New York limited liability company ("SFS"), and iVox Solutions, LLC., a Florida limited liability company ("USER"). WHEREAS, on November 15, 2016, the County, SFS and the USER entered into a Use Agreement, hereinafter referred to as the "Agreement," wherein the parties agreed to provide a portion of 525 NW Peacock Boulevard (the "Property") solely for the purpose of parking employees' and guests cars; and, WHEREAS, on or about May 4, 2018, USER requested an amendment to the payment schedule due to slower growth than projected; and, WHEREAS, the County, SFS and USER desire to amend the Agreement to modify the payment, schedule and term; and, WHEREAS, the parties desire to modify the Use Charge. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph One of the Use Agreement shall be amended to read as follows: 1 Purpose; Term; Facilities a) USER agrees that the Parking Area shall be used solely for the purpose of parking for USER's employees, guests and invitees, not to exceed four hundred (400) motor vehicles in accordance with the terms and conditions of this Agreement. The Parking Area shall be made available to USER for USER's non-exclusive use of said Parking Area. b) This USE AGREEMENT shall be for the non-exclusive use of the Parking Area for a term of five (5) years from October 1, 2017 through September 30, 2022. This Agreement may be renewed for one (1) five (5) year term by mutual agreement of the USER, SFS and the COUNTY. c) USER's use of the Parking Area shall not be exclusive and such use of the Parking Area by USER shall not preclude all COUNTY and Stadium staff access to the Parking Area for event changeover or 1 S:\ATTY\AGREEMNT\ Tradition Use Agreement - 16 - 1A Packet Pg. 102 8.N.2.a maintenance. d) USER understands and agrees they will not be allowed use of the Parking Area on the days of the METS major league spring training home games. USER understands and agrees that they will not use the Parking Area if they have been notified in writing two weeks prior that the Parking Area is required for another event at the Stadium Property. e) Notwithstanding anything contained herein to the contrary, on such days when USER does not have access to the Parking Area, COUNTY shall provide USER with access to adjacent parking at the South County Football Soccer Stadium. f) USER agrees to provide and install a road crossing and drainage ditch cross over as approved by the City of Port St. Lucie by August 1, 2019. 2. Paragraph five of the Use Agreement shall be amended to read as follows: 5. Use Charge. a) USER agrees to pay the COUNTY as payment for the use of the Parking Area for parking, on the basis and terms herein agreed. PAYMENT DATE PAYMENT AMOUNT TAX PAYMENT 5/7/2018 $ 3,076.92 as applicable 5/21/2018 $ 3,076.92 6/4/2018 $ 3,076.92 6/18/2018 $ 3,076.92 7/2/2018 $ 3,076.92 7/16/2018 $ 3,076.92 7/30/2018 $ 3,076.92 8/13/2018 $ 3,076.92 8/27/2018 $ 3,076.92 9/10/2018 $ 3,076.92 9/24/2018 $ 3,076.92 10/8/2018 $ 3,076.92 10/22/2018 $ 3,076.96 ***10/31/2018 $ 4,166.67 as applicable ***11/30/2018 $ 4,166.67 as applicable ***12/31/2018 $ 4,166.67 as applicable 2 S:\ATTY\AGREEMNT\ Tradition Use Agreement - 16 - 1A Packet Pg. 103 8.N.2.a ***1/31/2019 $ 4,166.67 as applicable ***2/28/2019 $ 4,166.67 as applicable ***3/31/2019 $ 4,166.67 as applicable ***4/30/2019 $ 4,166.67 as applicable ***5/31/2019 $ 4,166.67 as applicable ***6/30/2019 $ 4,166.67 as applicable ***7/31/2019 $ 4,166.67 as applicable ***8/31/2019 $ 4,166.67 as applicable ***9/30/2019 $ 4,166.67 as applicable b) A four thousand one hundred sixty-six dollar and sixty-seven cent ($4,166.67) payment plus applicable sales tax shall be made monthly beginning on October 31, 2018 without billing by the COUNTY. USER agrees to pay the COUNTY a three (3%) percent annual escalator for each year beginning October 1, 2022. c) No business, whether for charity or otherwise, shall be made, attempted or announced on the premises, without the prior written consent of the COUNTY. 3. All other terms and conditions of the original Use Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date as indicated below: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS BY: S:\ATTY\AGREEMNT\ Tradition Use Agreement - 16 - 1A COUNTY ATTORNEY 3 Packet Pg. 104 8.N.2.a WITNESSES: WITNESSES: S:\ATTY\AGREEMNT\ Tradition Use Agreement - 16 - 1A IVOX SOLUTIONS, LLC BY: ROB NEWTON, CEO STERLING FACILITY SERVICES, LLC BY: PRINT NAME: TITLE: Packet Pg. 105 8.Q.1 ITEM NO. (ID # 5555) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Patrick Dayan, Water Quality Manager Water Quality/Stormwater Division DATE: 10/16/2018 *CONSENT AGENDA\PUBLIC WORKS San Lucie Plaza Drainage Improvements - Basin 2A Project Acceptance San Lucie Plaza Basin 2A represents the first phase of construction completed within the San Lucie Plaza Subdivision. This project and future phases project will help to treat Stormwater prior to discharge into Taylor Creek and the Indian River Lagoon. This was an extremely successful project constructed by a local St. Lucie County contractor. St. Lucie County's Water Quality Division staff delivered the project ahead of time and under budget. The original anticipated schedule for final completion was 245 calendar days. The total number of days needed to reach final completion was 163 calendar days. The anticipated project budget was $638,583.55, including a 10% contingency. The final project cost was $579,860.55. No substantial deviations from the bid plans were required to complete construction. PREVIOUS ACTION: On June 17, 2014, the Board approved to add San Lucie Drainage Improvements - Phase 2 to the Stormwater MSTU Capital Improvement Program, and approved Work Authorization No. 5 in the amount of $57,935 under contract C09-10-665 with Engineering Design & Construction, Inc. for design of the project. On December 15, 2014, the County Administrator approved Amendment 1 to Work Authorization No. 5 with Engineering Design & Construction, Inc. On October 15, 2015, the County Administrator approved Amendment 2 to Work Authorization No. 5 with Engineering Design & Construction, Inc. On January 7, 2016, the County Administrator approved Amendment 3 to Work Authorization No. 5 with Engineering Design & Construction, Inc. Packet Pg. 106 8.Q.1 On January 26, 2016, the County Administrator approved Amendment 4 to Work Authorization No. 5 with Engineering Design & Construction, Inc. On August 31, 2016, the County Administrator approved Amendment 5 to Work Authorization No. 5 with Engineering Design & Construction, Inc. On December 6, 2016, the Board accepted funds through Indian River Lagoon Council Cost -Share Agreement #IRL2016-014 in the amount of $200,000.00 for San Lucie Drainage Improvements - Phase 2. On February 27, 2017, the County Administrator approved Amendment 6 to Work Authorization No. 5 with Engineering Design & Construction, Inc. On June 6, 2017, the County Administrator approved Amendment 7 to Work Authorization No. 5 with Engineering Design & Construction, Inc. On October 6, 2017, the County Administrator approved Amendment 8 to Work Authorization No. 5 with Engineering Design & Construction, Inc. On December 19, 2017, the Board approved award of Bid No. 18-009 to Blue Goose Construction, LLC of Fort Pierce, FL in the amount of $638,583.55. FINANCIAL IMPACT: Sufficient funding of $57,986.05 is available in Account# 102001-3725-563000-143603. RECOMMENDATION: Staff recommends Board acceptance of the San Lucie Drainage Improvements - Basin 2A project, release of final payment in the amount of $57,986.05 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: updated: 10/1/2018 1:04 PM by Patrick Dayan Page 2 Packet Pg. 107 8.Q.1 Coordination/Signatures -A\-Tv\a lz�k - ( A VA n We t, Public Works Directof klr- 018 4anieA..McIntyre, C my ttorney 10/1/2018 rk 5 er ee 1 ep C o u n t-y-Ad min sstrato 10/2/2018 Updated: 10/1/2018 1:04 PM by Patrick Dayan Page 3 Packet Pg. 108 8.Q.1.a r/ ENGINEERS 0 SURVEYORS 8 ENVIRONMENTAL September 24, 2018 File #16-232 Patrick Dayan, P.E. St. Lucie County Water Quality Division Water Quality Division Manager 3071 Oleander Avenue Fort Pierce, FL 34982 Subject: Certification of San Lucie Plaza Basin 2A Dear Mr. Dayan, This letter is to certify that the site development work, including the paving and drainage systems, for the above -referenced project have been completed in substantial conformance with the design plans and specifications. Determination to certify is based upon on -site observation of construction conducted by myself or by my project representative under my direct supervision for the purpose of determining if the work proceeded in compliance with the plans and specifications, and review of test results and as -built surveys provided by the contractor. �\\\\ I I I I I///// S1s�1A?R/SO No.82270 _ 4(1 •:c�0RIOP•'r.����� Ja ��/�NIA @ri��.E. # 8 2 2 7 0 Date Enginf Hmgl () ign & Construction, Inc. 10250 SW Village Parkway Suite #201 Port St. Lucie, FL 34987 10250 SW Village Parkway, Suite 201 Port St. Lucie, FL 34987 772-462-2455 Packet Pg. 109 8.Q.1.b PUBLIC WORKS MEMORANDUM TO: Dan McIntyre, County Attorney FROM: Jennifer Krause, Program Coordinat r DATE: 9/20/2018 SUBJECT: San Lucie Drainage Phase 2 — Blue Goose Construction — Releases of Lien Releases of lien have been received on the above referenced project. Please approve for correctness. Thank you. Approve: k4V Date: Da McIntyre County Attor C: Finance Water Quality Manager D5� Ve ceCeivJe of l�� all off"-Lhe V i ens rD,a_ -i::h 2 17 SLi'� 01. LUCIE `'1 " 1' j rj Packet Pg. 110 8.Q.1.b April 3, 2018 County Materials Corporation P.O. Box 435 Astatula, FL 34705-0435 Re: Notice to Owner — Blue Goose Construction LLC — San Lucie Plaza Basin 2A Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Blue Goose Construction LLC and the surety is Western Surety Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Public Works Packet Pg. 111 8.Q.1.b «> Blue Cs`08`` � Goose Construction Heavy Civil f Underground Utilities I Complete Site Development,' Marine State Certified Licensed General Contractor #CGC 15 17686 Pollutant Systern Contractor # PCCO56727 Underground Utility & Excavation # CUC12251 10 Marine Specialty Contactor # SCC131 151860 Waiver and Release of Lien Upon Final Payment The undersigned lienor, in consideration of the final payment in the amount of $ Qb hereby waives and releases its lien and rights to claim a lien for labor, services or materials furnished to Blue Goose Construction, LLC On the job of (owner of property) St. Lucie County , to The following described property: San Lucie Basin 2A Drainage Improvements Lienor's Name: ( .Mw- By: VSCLXQ",- Print Name: %&a :bn �-Ilvy�sl' Title: Dated on: .i�4 li<3 C C.> State of Flori+da��,��!! County of: The foregoing instrument was acknowledged before me this t day of 2018 by , who is personally known to me or who produced as identification. Notary Public ►►►►lirti,i 0 My Commission Expires:NOTARY s9 PUBLIC Comm. # GG 155628 My Comm. Expires ' Jul 18, 2020 OF F1-G�\O�`� `11100 Note: This is a statutory form prescribed by Section 713.20 Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of Lien that is different from the statutory form. Return to: P.D. Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Fax: (772) 468-4669 Packet Pg. 11211 8.Q.1.b COUNTY COMMISSIONERS Heather Young Katherine Davis Barbieri March 26, 2018 Core & Maine LP 1830 Craig Park Court Saint Louis, MO 63146 COUNTY ATTORNEY Daniel S. McIntyre ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY Re: Notice to Owner — Blue Goose Construction LLC — San Lucie Plaza Basin 2A Water Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Blue Goose Construction LLC and the surety is Western Surety Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Public Works Q v a� O L a N c N M m c a� E d 0 L Q E d a� c L N R d a� J r- LO LO M CHRIS DZADOVSKY, District No. 1 • ANTHONY BONNA, District No. 2 • LINDA BARTZ, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CATHY TOWNSEND, District N County Administrator— Howard N. Tipton 2300 Virginia Avenue - Fort Pierce, Florida 34982-5652 - Phone (772) 462-1441- FAX (772) 462-1440 TDD(772) 462-1428 Packet Pg. 113 8.Q.1.b e ' A • COUNTY COMMISSIONERS Heather Young Katherine Davis Barbieri March 20, 2018 Core & Maine LP 1830 Craig Park Court Saint Louis, MO 63146 COUNTY ATTORNEY Daniel S. McIntyre ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY Re: Notice to Owner — Blue Goose Construction LLC — San Lucie Plaza Basin 2A Water — WO#2306040D Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Blue Goose Construction LLC and the surety is Western Surety Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Public Works CHRIS DZADOVSKY, District No. 1 • ANTHONY BONNA, District No. 2 • LINDA BARTZ, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CATHY TOWNSEND, District IN c r a m Q a� 0 L a N c N M m c a� E d 0 L Q E d c L N M d d U J C M LO LO M County Administrator — Howard N. Tipton 2300 Virginia Avenue - Fort Pierce, Florida 34982-5652 - Phone (772) 462-1441 - FAX (772) 462-1440 TDD(772) 462-1428 Packet Pg. 114 8.Q.1.b Blue Goose Construction State Certified Licensed General Contractor #CGC1517686 Pollutant System Contractor # PCCO56727 Underground Utility & Excavation # CUC1225110 Marine Specialty Contractor # SCC131151860 Waiver and Release of Lien Upon Final Payment The undersigned lienor, in consideration of the final payment in the amount of $ 10.00 , hereby waives and releases its lien and rights to claim a lien for labor, services or materials furnished to Blue Goose Construction, LLC On the job of (owner of property) St Lucie County , to The following described property: San Lucie Basin 2A Drainage Improvements Lienor's Name: CORE & MAIN, LP By: Print Name: Sharnell Merklin Title: Credit Manager Dated on: August 10, 2018 State of Florida County of: Duval .i The foregoing instrument was acknowledged before me this D! day of� 2018 by Sharnell Merkling who is bersonally known tv me or who produced IN as identification. (" STACIE K. SANDERS Notary Publib'— MY comkiiSSION 4 GG 111710 EXPIRES: October4.2021 My Commission Expires; 10-04-21 Eror�ded Thry Motery Public tMdeiwdters Note: This is a statutory form prescribed by Section 713.20 Florida Statutes (1996), Effective October 1,1996, a person may not require a lienor to furnish a waiver or release of Lien that is different from the statutory form. Return to: P.O. Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Fax: (772) 468-4669 _._._.._._ Packet Pg. 115 8.Q.1.b July 17, 2018 Mosley & Son Construction Inc. 1400 SE Monterey Road Stuart, FL 34994-39S9 Re: Notice to Owner — Blue Goose Construction LLC — San Lucie Plaza Basin 2A Water Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Blue Goose Construction LLC and the surety is Western Surety Company. Sincerely, Daniel S. McIntyre County Attorney DSM/sb Enc. Copies to: County Administrator Finance Director Public Works Packet Pg. 116 8.Q.1.b Blue Goose Construction State Certified Licensed General Contractor #CGC 1517686 Pollutant System Contractor # PCC056727 Underground Utility R. Excavation # CUC1225110 Marine Specialty Contractor # SCC131151860 Waiver and Release of Lien Upon Final Payment The undersigned lienor, in Consideration of the final payment in the amount of $ q4 37, �o , hereby waives and releases its lien and rights to claim a lien for labor, services or materials furnished to Blue Goose Construction, LLC On the job of (owner of property) St. Lucite County , to The following described property: San Lucie Basin 2A Drainage Improvements Lienor's Name: Met 51,�q By: z L"P Print Name: ,L)64 LA/11lia-&L Title: lellf Dated on: C1 11DIIS State of Florida County of: 114CL t-E-r 1ti The foregoing instrument was acknowledged before me this 10 +f day of.2018 byTja{DU V of i f la'ilo who is personally known tome or who produced as identification. `tinar P ,� Notary Public Stale of Florida Notary Pub)' _ ! Kimberly K Long cfAV ;``oc My Expires i4812tl20i9229544 My Commission Expires: Note: This is a statutory form prescribed by Section 713.20 Florida Statutes (1996). Effective October 1,1996, a person may not require a 1lenor to furnish a walver or release of Lien that is different from the statutory form. Return to: P.O. Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461.3020 * Fax: (772) 468.4669 Packet Pg. 117 8.Q.1.b May 14, 2018 Chavis & Dearnell, Inc. 1700 Country Lane Titusville, FL 32780 Re: Notice to Owner — Blue Goose Construction LLC — San Lucie Plaza Basin 2A Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Blue Goose Construction LLC and the surety is Western Surety Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Public Works Packet Pg. 118 Blue State Certified Licensed General Contractor #CGC 1517686 Pollutant System Contractor # PCC056727 cw*udion. Underground Utility & Excavation 4 CUC 12-15110 5 0'kfti5;AiWQ/ Marine Specialty Contractor # SCC 131151860 Waiver and Release of Lien Upon Final Payment The undersigned lienor, in consideration of the final payment in the amount of $ 5,034.01 -, hereby waives and releases its lien and rights to claim a lien for labor, services or materials furnished to Blue Goose Construction, LLC On the job of (owner of property) St Lugle Co!Unty ., to The following described property: San Lucie Basin 2A Drainage Improvements Lienor's Name: hauls & Dea By: Print Name., 4*' C Title:— 4" 4z- 5 Dated on: — State of Florida County of S�. Lu c-tv- The foregoing instrument was acknowledged before me this 2-5 day of by �V�, who is pers�ll known to me or who produced as identification. Notary My Commissi ESAGOMM f mycowss"WW28 EXMRES: Deoember 22,2019 Thru NoWy Pdft LWMAUM Note: This is a statutory form prescribed by Section 713.20 Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of Lien that Is different from the statutory form. Return to, P.O. Box 14709 * Ft Pierce, FL 349 79-4709 * Ph. (772) 461-3020 * Fox. (772) 468-4669 Packet Pg.119 8.Q.1.b August 16, 2018 Ranger Construction Industries P.O. Box 15065 West Palm Beach, FL 33416-5065 Re: Notice to Owner — Blue Goose Construction LLC — San Lucie Plaza Basin - WO#2331546 Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Construction Bond (copy enclosed) for the above referenced. The principal on the bond is Blue Goose Construction LLC and the surety is Western Surety Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Public Works Packet Pg. 120 8.Q.1.b Blue Moose Construction State Certified Licensed General Contractor 4CGC1517686 Pollutant System Contractor # PCCO56727 Underground Utility & Excavation # CUC1225110 Marine Specialty Contractor # SCC131151860 Waiver and Release of Lien Upon Final Payment The undersigned lienor, in consideration of the final payment in the amount of $ 52.024.o0 , hereby waives and releases its lien and rights to claim a lien for labor, services or materials furnished to Blue Goose Construction, LLC On the job of (owner of property) St. Lucie Count , to The following described property: San Lucie Basin 2A Drainage Improvements Lienor's Name: Ran er c Ion By: Print Name: F. Scott Fo er Title: Vice President Dated on: September 25, 2018 State of Florida County of: Orange The foregoing instrument was acknowledged before me this 25 day of September 2018 by F. Scott Fowler who is personally known to me or who produced as identification. ,, STACY L. BARBER Notary Public : ��"" , . o. Notary Public -State o9 Florida Commission # FF 948938 My Commission E i es: 04/19/20 My Comm. Expires Apr 19, 2020 Bonded through Nalional Notary Assn. ( a. yy"`Yt.'�":5➢xj,m.73T�C'�'fU^acn Note: This is a statutory form prescribed by Section 713.20 Florida Statutes (1996). Effective October 1,1996, a person may not require a ltenor to furnish a waiver or release of Lien that is different from the statutory form. Return to: P.O. Box 14709 * Ft Pierce, FL 34979-4709 *Ph. (772) 461-3020 * Fax: (772) 468-4669 Packet Pg. 121 8.Q.1.b Blue Goose Construction State Certified Licensed General Contractor #CGC1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUC1225110 Marine Specialty Contractor # SCC 131 151860 Waiver and Release of Lien Upon Final Payment The undersigned lienor, in consideration of the final payment in the amount of $ 3 4 5-$_, hereby waives and releases its lien and rights to claim a lien for labor, services or materials furnished to Blue Goose Construction, LLC On the job of (owner of property) St Lucie County , to The following described property: San Lucie Basin 2A Drainage Improvements Lienor's Name: / 4!'Yhfl✓2�= By: 4ZA� Print Name: Oo cej� Title: J(_ 1 _. Dated on:i State of Florida County of: -6 1 The foregoing,instrument was acknowledged before me this I day of Ul 2018 11 b 1 0r,C �p l) 4 I L who isersonally known tg pme or who produced f' Y as identification. Notary Public My Commission Expires:1�YiALKER e : Aty CONMtS91ON i FF 903"S :. EXPIRES. 8**Mber 30, 2019 A: Jrj Bonded Thru NoutY?uWlc tlndorwrltets Note: This is a statutory form prescribed by Section 713.20 Florida Statutes (1996), Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of Lien that is different from the statutory form. Return to: P.O. Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Fax: (772) 468-4669 Packet Pg. 122 State Certified Licensed General Contractor 4CGC 1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUCI 225110 Marine Specialty Contractor # SCC 131151860 Waiver and Release of Lien Upon Final Payment The undersigned lienor, in consideration of the final payment in the amount of $ 10,00 , hereby waives and releases its lien and rights to claim a lien for labor, services or materials furnished to Blue Goose Construction, LLC On the job of (owner of property) St. Lucie County to The following described property: San Lucie Basin 2A Drainage Improvements Lienor's Name: By: Print Name: JAC.Lic, Title: Dated on: - /,0—/6 State of Florida County of: The foregoing instrument was acknowledged before me this / 10 day of 42Y.2018 by � [61,ALt�-, f ey1cg,,- who is personally known to me or who produced as identification. Notary Public V Z My Commission Expires: MELINDA GDELL # FF 138774 Corr"",,'njbet 31 2018 w Z 0 *TN' Note: This Is a statutory form prescribed by Section 713.20 Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of Lien that Is different from the statutory form. Return to: P.O. Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Fox. (772) 468-4669 03 (0 F—Packet Pg. 123 8.Q.1.b State Certified Licensed General Contractor #CGC 1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUC1225110 Marine Specialty Contractor # SCC131151860 Waiver and Release of Lien Upon Final Payment The undersigned lienor, in consideration of the final payment in the amount of s 371. (07- , hereby waives and releases its lien and rights to claim a lien for labor, services or materials furnished to Blue Goose Construction, LLC On the job of (owner of property) St. Lucie Count_, to The following described property: San Lucie Basin 2A Drainage Improvements Lienor's Name:) Aonu�, �airl,e*rtts By: 6Ll r C-W t C, / ! Print Name: L(d IAQ A t7UlJkm* k Title: �� -J�Yd/1A V- Dated on: k-Ir- i V State of Florida County of: DUV The foregoing instrument was acknowledged before me this I day of T11 2018 by1lf'6"ho is personally known to me or who produced as identification. Notary Public My Commission Expires: 2 -u- 2../ SHERRY L BRZACKEN I MY COMMISSION # GG0701371 ' EXPIRES February 06, 2021 Note: This is a statutory form prescribed by Section 713.20 Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of Lien that is different from the statutory form. Return to: P.O. Box 14709 * Ft Pierce, FL 34979-4709 *Ph. (772) 461-3020 *Fax. (772) 468-4669 Packet Pg. 124 8.Q.1.b Blue Goose 1i State Certified Licensed General Contractor #CGC1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUC1225110 Marine Specialty Contractor # SCC 131 151860 Waiver and Release of Lien Upon Final Payment The under igned lienor, in consideration of the final payment in the amount of $ , hereby waives and releases its lien and rights to claim a lien for labor, services or materials furnished to Blue Goose Construction, LLC On the job of (owner of property) St. Lucie County , to The following described property: San Lucie Basin 2A Drainage Improvements Lienor's Name: —74-6' By: Print Name:-1011111L)gfe Title: r�C L✓ J Dated on: f -1�3 f Y State of Florida County of: �~ Lie" The foregoing instrument was acknowledged before me this day of G ' 2018 by ;%1'1111-74C_ o,.-5ftJ, :f-_ who is personally known to me or who produced as identification. MARGIEAJOHNSON Commission I GG 108506 ExpifesSepWmbef24,2021 Notary Public My Commission Expires: Note: This is a statutory form prescribed by Section 713.20 Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of Lien that is different from the statutory form. Return to: P.O. Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Fax: (772) 468-4669 Packet Pg. 125 10I - A State Certified Licensed General Contractor #CGC1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUC1225110 Marine Specialty Contractor # SCC131151860 Waiver and Release of Lien Upon Final Payment The undersignedlienor, in consideration of the final payment in the amount of $ -6 hereby waives and releases its lien and rights to claim a lien for labor, services or materials furnished to Blue Goose Construction, LLC On the job of (owner of property) St. Lucie County , to The following described property: San Lucie Basin 2A Drainage Improvements Lienor's Name: a S �C tc S f yF,'1 c Co, Print Name:��_<r. Title: C- S t Dated on: vx, State of Florida County of: t L U C t r f The foregoing instrument was acknowledged before me this g day of=i(f ,2018 by t2fli c j,�1 who is pers ally kno 4 me or who produced as identification. 46HLEY FOSTER Com f Fleride o q i s g >;fff "*A+tpires ASHLEY FOSTER State of Florida -Notary Publi Commission a GG 126438 MY Commission Expires July 20, 2021 Note: This is a statutory form, prescribed by Section 713.20 Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of Lien that is different from the statutory form. Return to: P.O. Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Fax. (772) 468-4669 Packet Pg. 126 Blue State Certified Licensed Gose General Contractor #CCYC 1517686 Ct Pollutant System Contractor 4 PCCO56727 onstf ion Underground Utility & Excavation 0 CUC12251 10 woku Site, 1101i" Marine Specialty Contractor # SCC131151860 Waiver and F The undersigned lienor, in q� , (Z hereby v for labor, services or mated On the job of (owner of pr The following described p r( San Lucie Basin 2A Drainag Lienor's Name: By: V1 L-1 Print Namp,�tt Title: Dated on: State of Florida County of: The fqr� Loing instrument was ackno% by ',l L!A�yho is as identification. Notary Mik -State of Florida Commission * GG 228183 My Consr". Expires Oct 8, 2022 landed ftv* National watay Am . Note: This is a statutory form prescribed a person may not require a lienor to lease of Lien Upon Final Payment nsideration of the final payment in the amount of and releases its lien and rights to claim a lien furnished to Blue Goose Construction, LLC e Improvements 9 M IM -)l I ged before me this CY I day of 2018 U iersonally known to me or who produced Notary Public i I My Commission pires: ion 713.20 Florida Statutes (1996). Effective October 1, 1996, a waiver or release of Lien that is different from the statutory form. Return to: P.O. Box 14709 * Ft Pierce, A 34979-4709 * Ph. (772) 461 -3020 * Fax: (772) 468-4669 Packet Pg. 127 Blue Goose Construction State Certified Licensed General Contractor #CGC1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUC1225110 Marine Specialty Contractor # SCC131151860 Waiver and Release of Lien Upon Final Payment The undersigned lienor, in consideration of the final payment in the amount of $ , hereby waives and releases its lien and rights to claim a lien for labor, services or materials furnished to Blue Goose Construction, LLC On the job of (owner of property) St. Lucie County , to The following described property: San Lucie Basin 2A Drainage Improvements PrintLienor's NaLne�,_—A�� _ L/ _ toi Dated o: t �' 1=�rt' TW (Yl tC� State of a County of: j� `f'Yl The foregoing instrument was acknowledged before me this day of - 2018 by �I5 6y--t46�who is personally known to me or who produced r as identification. MARIA GONZALEZ Notary Public ! , Commission # 2088129 u = Notary Public • California 2 Los Angeles County My Commission Expires: , 'lob MV Comm. Expires Oct 30. 2018 Note: This Is a statutory form prescribed by Section 713.20 Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of Lien that is different from the statutory form. Return to: P.O. Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Fax: (772) 468-4669 Packet Pg. 128 0 cwhda State Certified Licensed General Contractor #CGC1 517686 Pollutant System Contractor # PCCO56727 Underground Utility & Excavation # CUCI 225110 Marine Specialty Contractor # SCC131151860 The undersigned lienor, in consideration of the final payment in the amount of $ 5.o34.oj , hereby waives and releases its lien and rights to claim a lien for labor, services or materials fumished to Blue Goose Construction, LLC On the job of (owner of propertyjjQW.QQUWX—, to MEM San Lucie Basin 2A Drainage Improvements Lienor's Name:.Ghavis —&Dea By: Print Name: Title: Dated on: — State of Florida County of. - The foregoing instrument was acknowledged before me this — day of 1 2018 by who is personally known to me or who producso as identification. Notary Public My Commission Expires: Note: This is a statutory form prescribed by Section 713.20 Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish 2 waiver or release of Lien that is different from the statutory form. I Packet Pg. 129 Return to: P. aBox 14709 * Ft Pierce. FL 34979-4709 *Ph. (772) 461-3020 - Fox, (772) 468-4669 8.Q.2 ITEM NO. RES-2018-186 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *CONSENT AGENDA\PUBLIC WORKS Resolution - Iroquois/Navajo Municipal Services Benefit Unit (MSBU) August 7, 2018, the Board approved the Final Assessment Resolution for the Iroquois/Navajo MSBU. The attached resolution will establish a FY18 budget for this MSBU. PREVIOUS ACTION: June 5, 2018, the Board approved Resolution No. 2018-104, the Initial Assessment Resolution August 7, 2018, the Board approved Resolution No. 2018-142, the Final Assessment Resolution FINANCIAL IMPACT: The initial funding of the Iroquois/Navajo MSBU is generated by loan proceeds and the collection of the special assesment. These funds will be appropriated towards construction of the potable water and fire protection improvements for parcels within the MSBU. Revenues collected in the fund will be deposited into the Iroquois/Navajo MSBU and account string 39015-4115-3XXXXX-38025 and expenses will be appropriated and incurred in account string 39015-4115-5XXXXX-38025. & 366910-38025. Revenues collected from the special assesment will be used to pay-off the loan over the term of the loan. The attached Budget Resolution provide the detail account strings. RECOMMENDATION: Staff recommends Board approval of the Iroquois/Navajo MSBU Initial Assessment resolution and authorization for the Chair to sign documents as approved by the County Attorney. 14ca ►] "il►�ifi;1-[9P►I_Ts"191 F Packet Pg. 130 8.Q.2 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 anie SWMCInty're,,tyorney 10/1/2018 teil, o ficeof ana Bu get Director 10/1/2018 rk 5 er ee' ep County ministrato 10/1/2018 updated: 10/2/2018 3:17 PM by Katrina Slay Page 2 Packet Pg. 131 RESOLUTION 8.Q.2.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from loan proceeds, interest, and contributions from property owners in the amount of $423,000 for the Iroquois/Navajo MSBU project. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 161h day of October, 2018 pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2018-2019, and the County's budget is hereby amended as follows: REVENUE 39015-4115-361100-38025 39015-4115-384200-38025 39015-4115-366910-38025 APPROPRIATION 39015-4115-534000-38025 39015-4115-531000-38025 39015-4115-549000-38025 39015-4115-549110-38025 39015-4115-549114-38025 39015-4115-599330-38025 39015-8193-599050-800 Interest on Investments $1,000 Proceeds from Loans $407,000 Contributions from Prop Owners-MSBU $15,000 Other Contractual Services $353,770 Professional Services $15,000 Advertising $500 General & Administrative Charges $15,000 Gen & Admin Chgs - MSBU $4,000 Project Reserve $24,730 Tax Collector $10,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair Commissioner Linda Bartz, Vice Chair Commissioner Anthony Bonna Commissioner Chris Dzadovsky Commissioner Cathy Townsend PASSED AND DULY ADOPTED THIS 16TH DAY OF OCTOBER 2018. ATTEST: DEPUTY CLERK XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: Cb 0 N d) w COUNTY ATTORNEY Packet Pg. 132 8.Q.3 ITEM NO. (ID # 5578) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Kimberly Graham, County Engineer Engineering Mount Bethel Ministry DATE 10/16/2018 *CONSENT AGENDA\PUBLIC WORKS The subject property is located on the east side of S. 251" Street, directly across from Cobra Pride Way and Fort Pierce Central High School. St. Lucie County, as a condition of approval to the site plan, has required the construction of a turn lane, sidewalks, curb and gutter, drainage improvements and signalization on S. 25t" Street. A road improvement agreement was entered into between Mount Bethel Ministry and St. Lucie County on October 29, 2015. The amount was $261,074.73 representing 115% of the estimated cost of the improvements as submitted by the developer's engineer. The developer has decided not to move forward with the project. We have confirmed with Planning & Development Services that the approvals have expired and that the developer would need to resubmit any plans should they move forward with a project on the property. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board authorization to release the Performance Bond in the amount of $261,074.73. COMMISSION ACTION: Packet Pg. 133 8.Q.3 Coordination/Signatures -A\-Tv\a lz�k - ( A VA n We t, Public Works Directof klr- 018 anie sW're,,t, orney 10/1/2018 rk 5 er ee 1 ep County miAistrato 10/1/2018 Updated: 9/27/2018 3:04 PM by Linda Buchanan Page 2 Packet Pg. 134 K . *�. • p M. ACIP,• s a ,Fort Pj rce"south drt Pierce oLlth i L 4 • r `` � Y a • Rails Dr - I sp� - Orr 4. •. PC- — Google Earth yyam�,,. 0201oogle ' 0201•$ Europa Technologies AIC #;ti'�rootl' Drlr�la . Legend r `�-r*r�Cvrtr�asAv *� '=?.'i4tRv* } J r nrd pti�+e ,:� 'FuwaFdSVQ Ads 90 Mount Bethel Minis "'7 ; J HOW re Ell Church SON {17 r2j Ci7 ia School CL +�Its" " r r • ' # I +. `4a it 141411-1111 {V + or-,f .F qr f Alm } J� _ ]a `I X% Ii ary - fa• •4♦vtar JfaltJ,! ' _ r � f'i1f� �i��'IZ1 J' • f' •� FM '�.r i,a+uM is. Akefront-Bl+rc!' + ,t � F+ ' `' err Y " D r. - , 4 � fI.Rd + - , ' # ,•+�+rY,K+Ri`J74 Doug Il'Dr tipR+ilvo, E I _�.o ► :�:r +. • ~�+ Reve!' � outhlal� Dr Yas:» = .16 Dade RdxiefaD x ` + • J • s 1 r_i45 Uric ❑� 'fir r ... — • r ff tt �'• m IMF �' ,� ra #.� �rr>-lefs.�.rtarl�efR Dicks�fldr�', . WO A e # Am y +; a .f. � r ` }r J't715 13Ivd # Ilk #�Ir N. y t�{ •-.ram mi (D jp --Energy Ln 4&0 _ { {yam "� r ti� "r - +r �.WQdIlE creek - * + 16 I . 4 . - U I I 1 4-4 16 '. . __1 , jF ti+ # *�He olitAve { -r ieffre` Ln IlkPacket 1 00 . r L * sC.-- 8.Q.4 ITEM NO. (ID # 5530) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Kimberly Graham, County Engineer Engineering DATE: 10/16/2018 *CONSENT AGENDA\PUBLIC WORKS Seminole Road Emergency Culvert Replacement - Acceptance of Project On Thursday June 14, 2018, the Engineering Division was notified by the Road & Bridge Division that a culvert crossing on Seminole Road, south of Indrio Road, had failed and a portion of Seminole Road had collapsed. The roadway was subsequently closed. In review of the failed culvert, staff identified a second culvert approximately one mile south that appeared to be compromised. A road closure notice was issued with a detour plan. Seminole Road is an unimproved dirt road. Per the St. Lucie County Purchasing Policy Manual Paragraph 20.2, the culverts were determined to meet the definition of an Emergency as closing Seminole Road is known to have an adverse effect on the welfare and property of the citizens and property owners along Seminole Road. The St. Lucie County Purchasing Policy Manual Paragraph 20.4 states the Department Director must obtain the authorization of the County Administrator or designee for emergency purchases which exceed the Director's authorization limit. The Director of Public Works and the County Engineer requested that these culvert replacements be authorized as an emergency repair. We coordinated with Administration to ensure all requirements and approvals were expedited. The County Attorney, via email to Deputy County Administrator, Mark Satterlee, directed engineering staff to complete the repairs. The cost to repair both culverts was estimated to be $125,000. AFTER THE FACT NOTE: The estimated cost was originally based on historic contract prices for replacing larger culverts on paved roads. Additionally, staff utilized a continuing services Road & Bridge contractor (Environmental Land Development) to complete the work. This resulted in a significant cost savings. The actual cost to complete both culverts was $11,625.00. This culvert replacement work has been completed. Staff monitored the construction throughout and finds it to be acceptable. PREVIOUS ACTION: N/A Packet Pg. 136 8.Q.4 FINANCIAL IMPACT: Funds will be transferred from the Transportation Infrastructure Reserve Account 001-9910-599330-800 in the amount $11,625 to the Seminole Rd Culvert Project Account, Project #184614. Line to Line #2018- 0636, 3592. RECOMMENDATION: Staff recommends Board acceptance of the Seminole Road Emergency Culvert Replacement and approval to transfer funds. COMMISSION ACTION: Coordination/Signatures ['on We t, Public Works Directo 018 ianieYS. McIntyre, CAtorney 10/4/2018 rk S er ee, Dep County nninistrato 10/5/2018 updated: 10/2/2018 8:28 AM by Linda Buchanan A Page 2 Packet Pg. 137 ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM 8•Q•4.a CAPITAL PROJECT SUMMARY PROJECT NAME: I Seminole Rd Culvert Replacement PROJECT #: 184614 DEPARTMENT: Public Works DATE PREPARED: 7/9/2018 DIVISION: I Engineering PROJECT MGR: Kim Graham TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES RENOVATION: APPROVED: YESNNO NO MAINTENANCE: REVISED: YESNO PROJECT DESCRIPTION, SCOPE & JUSTIFICATION: An existing cross drain approximately 0.5 miles south of Indrio Rd on Seminole Rd has failed. A second cross drain approximately 1.5 miles soth of Indrio Road is also showing signs of impending failure. This project will replace both cross drains. THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO 0 LEVEL OF SERVICE IMPACT: DEPARTMENT PRIORITY LEVEL 0 1 - High Priority, not completing would negatively affect critical service &/or safety 2 - Medium Priority, not completing would have some effect on service; grant award/availability; long range expansion goals 3 - Other FUNDING USES CARRYOVER FY17-18 FY 17-18 FY 18-19 FY 19-20 FY20-21 FY21-22 5-YEAR FROM FY 17 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 01 0 01 Buildings 0 Imp O/T Bldgs 1 11,6251 11,6251 11,625 TOTAL: 0 11,625 11,625 0 0 0 0 11,625 FUNDING SOURCES & AMOUNTS FY16-17 FY 17-18 FY 18-19 FY 19-20 FY20-21 FY21-22 5-YEAR (include fund number) NEW BUDGET PLAN PLAN PLAN PLAN TOTAL 001-9910 (TransInfras. Reserves) 11,625 11,625 0 0 TOTAL: 0 11,625 0 0 0 0 11,625 PRIOR PROJECT FUNDING AL7— TOTAL LIFE TO DATE BUDGET TOTAL LIFE TO DATE EXPENDITURE OPERATING IMPACT (Includes add'1 personnel needs as well as any other FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed I I I I 1 0 Estimated Operating Impacti 0 REMARKS: CAPITAL IMP REQ # : 184614 ACCOUNT #: 001 9910 599330 800 (additional lines for multiple fund sources) O M Ln Ln rn cm T- to d O C E O Cn M E E 7 Cn r c� N •O L a Q M 0 00 LL to Y O c2 a 7 is d 00 r C d E z tt to r� a Packet Pg. 138 ENGINEERING TO: Howard Tipton, County Administrator THROUGH: Don West, P.E., Public Works Director FROM: Kim Graham, P.E., County Engif DATE: June 21, 2018 Revised August 24, 2018 SUBJECT: Seminole Road Emergency Culvert Replacements On Thursday June 14, 2018, the Engineering Division was notified by the County's Road & Bridge Division that a culvert crossing on Seminole Road, south of Indrio Road, had failed and a portion of Seminole Road had collapsed. The roadway was subsequently closed. In review of the failed culvert, staff identified a second culvert approximately 1 mile south that appears to be compromised. Currently, Seminole Road is closed to through traffic from Indrio Road to Immokolee Road also. A road closure notice has been issued with a detour plan. Seminole Road is an unimproved dirt road. Per the Saint Lucie County Purchase Policy Manual Paragraph 20.2 the culverts have been determined to meet the definition of an Emergency as closing Seminole Road is known to have an adverse effect on the welfare and property of the citizens and property owners along Seminole Road. The St. Lucie County Purchase Policy Manual Paragraph 20.4 states the Department Director must obtain the authorization of the County Administrator or designee for emergency purchases which exceed the Director's authorization limit. The Director of Public Works and the County Engineer request that these culvert replacements be authorized as an emergency repair. We are coordinating with Administration to ensure all requirements and approvals are expedited. At this time, the County plans to contact three (3) contractors to obtain quotes for repairs of both culverts in an effort to minimize and prevent future road closures on Seminole Road. The cost to repair both culverts is estimated not to exceed $125,000. REVISION: The estimated cost was originally based on historic contract prices for replacing larger culverts on paved roads. Additionally, staff utilized a continuing services Road & Bridge contractor (Environmental Land Development) to complete the work. This resulted in a significant cost savings. The actual cost to complete both culverts was $11,625.00. If you have any questions or require additional information, please do not hesitate to contact me. cc: Mark Satterlee, Deputy County Administrator Edmund Bas, Assistant County Engineer Selena Griffett, Senior Project Manager Jennifer Krause, Program Coordinator ST. LUCIE Packet Pg. 139 Environmental Land Development Inc 201 Campbell Road Fort Pierce, FL 34945 772-466-2270 FAX 772-462-2208 To: St. Lucie County Engineering 2300 Virginia Ave Ft Pierce Fl 772-462-2153 8.Q.4.b INVOICT17- Date: 08/01/2018 Invoice # 125 Customer ID: CI�OZ'70� 812v Due Date BEN Culvert Replacement Net 30 ,,_. , 125.00 Removed 125'of 24"C M P 10.00 1,250.00 125.00 Installed 125' of C A P 45.00 5,625.00 1.00 Removed a structure for a screw gate 750.00 750.00 1.00 Rip Rap 4,000.00 4,000.00 Removed & Replaced two separate pipe crossings on Seminole Rd. Contact: Selena Total Discount Thank you for your business! Subtotal $ 11,625.00 Sales Tax Total $ 11,625.00 0 E N E v c d L E W 0 E 0 d C N E t ca Q Packet Pg. 140 8.R.1 ITEM NO. (ID # 5546) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Toby Long, Director Sheriff's Office DATE: 10/16/2018 *CONSENT AGENDA\SHERIFF'S OFFICE 2018 State Criminal Alien Assistance Program (SCAAP) Grant The St. Lucie County Sheriff's Office is requesting permission to submit an electronic grant application for the U.S. Department of Justice (OJP), Bureau of Justice Assistance (BJA), 2018 State Criminal Alien Assistance Program (SCAAP) Grant. This grant is a retroactive reimbursement grant awarded to localities that incarcerate undocumented criminal aliens. The actual award amount is based on the number of inmates, which fit into this category. Based on the last year's data the estimated award amount of this grant is $87,079. The actual award amount will be determined by the U.S. Department of Justice. PREVIOUS ACTION: N/A FINANCIAL IMPACT: The actual amount of the grant will not be known until the award is granted. If awarded, there is no match requirement. A grant fund will be established upon approval by the Granting Agency. RECOMMENDATION: Staff recommends the Board approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2018 State Criminal Alien Assistance Program (SCAAP) Grant. COMMISSION ACTION: Packet Pg. 141 8.R.1 Coordination/Signatures n J. M s ara, Sheriff 9/19/2018 anie SWMcinty're,C orney 9/21/2018 Jen r Hill, O fice of ana r—BuFget Director 9/19/2018 Updated: 10/10/2018 3:47 PM by Katrina Slay Page 2 Packet Pg. 142 8.R.1.a OMB No.: Refer to the online application U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance State Criminal Alien Assistance Program FY 2018 Program Requirements and Application Instructions Applications due: October 29, 2018 Under the State Criminal Alien Assistance Program ("SCAAP"), the Office of Justice Programs COJP") of the U.S. Department of Justice (" DOX) makes payments to eligible "States" and "units of local government" that incur certain types of costs due to "incarceration" of "undocumented criminal aliens" during a particular 12-month "reporting period." IMPORTANT NOTE The online SCAAP application for the FY 2018 program specifically incorporates by reference the eligibility requirements, definitions of terms, and detailed application instructions set out in this document. (To assist applicants, this document uses quotation marks to highlight defined terms, e.g., "State," "unit of local government," "undocumented criminal alien," "eligible inmate," correctional purposes.") Before entering any information into the online application for the FY 2018 program, the government official who will complete and submit the application on behalf of an applicant government MUST carefully review this document. Eligibility — In General In general, a "State" or "unit of local government" is eligible to apply for a payment under the FY 2018 program if it "incarcerated" individuals in a "correctional facility" during the "reporting period" whom it either— (1) knows were "undocumented criminal aliens," or (2) reasonably and in good faith believes were "undocumented criminal aliens." Packet Pg. 143 8.R.1.a A detailed discussion of eligibility — including the definitions of "State" and "unit of local government" for purposes of SCAAP — appears below. Reporting Period The "reporting period" for the FY 2018 program is July 1, 2016, through June 30, 2017. Deadlines Application. Applications for payments under the FY 2018 program must be submitted online — and accepted by the OJP Grants Management System ("GMS") — no later than 6 p.m. Eastern time on October 29, 2018. Absent highly -unusual circumstances, OJP will not extend this deadline or permit an applicant government to submit its application after the application deadline. Much as in previous years, promptly after the application deadline, OJP will transmit to the U.S. Department of Homeland Security ("DHS") the data on "eligible inmates" from all of the applications submitted to GMS before the deadline. The volume of "eligible inmates" data transmitted to DHS (and the nature and complexity of the DHS review of that data) is such that it is not possible to transmit supplemental or corrected data to DHS. Registration in GMS. Any application must be completed and submitted by a government official with the legal authority to apply to the FY 2018 program on behalf of the chief executive of the applicant government. This "submitting government official' must be registered in GMS in order to complete and submit an application under the FY 2018 program. Instructions on how to register in GMS and how to access the online application for the FY 2018 program appear in Appendix A. Contact Information For assistance with the online application to the FY 2018 program or other aspects of the FY 2018 program, contact the SCAAP Help Desk by phone at 1-202-353-4411, or by email to SCAAP&usdoi.c ov. The SCAAP Help Desk operates Monday through Friday during normal business hours (Eastern time). It is closed on federal holidays. For assistance in accessing GMS (e.g., passwords, log -in problems), contact the GMS Support Hotline at 888-549-9901, option 3, or by email to GMS.HelpDesk2usdoi.gov. The GMS Support Hotline operates 24 hours a day, 7 days a week, including on federal holidays. Posting date: September 17, 2018 SCAAP — FY 2018 Program Requirements and Application Instructions Packet Pg. 144 8.R.1.a State Criminal Alien Assistance Program FY 2018 Program Requirements and Application Instructions (CFDA # 16.606) Program Requirements - In General Overview OJP's Bureau of Justice Assistance (" BJA") administers SCAAP. Under SCARP, OJP makes payments to "States" and "units of local government" that incur certain types of costs due to "incarceration" of "undocumented criminal aliens" during a specific I 2-mo nth "reporting period." Under the FY 2018 program, payments will be made in connection with "undocumented" aliens who had been convicted of at least one felony or two misdemeanors (typically, for violations of State or local law), and who were "incarcerated" under the legal authority of the applicant government for at least four consecutive days during the "reporting period." (Additional details are set out in later sections of this document.) As part of an application, each applicant government provides particular information about individuals it "incarcerated" — under its own legal authority — for at least four consecutive days during the "reporting period" and who the applicant government either— (1) knows were "undocumented criminal aliens," or (2) reasonably and in good faith believes were "undocumented criminal aliens." (OJP transmits the data submitted on such individuals to DHS for a detailed review.) As part of an application, each applicant government also must provide information pertinent to its average costs of incarceration during the "reporting period." Broadly speaking, SCAAP payments are calculated from information provided by applicant governments in online applications, information provided to OJP by DHS regarding the OHS review of data on "eligible inmates," and the amount of appropriated funds available for the SCAAP application cycle (e.g., for the FY 2018 program). Alf information submitted as part of an application is subject to appropriate review by OJP. An overview of the method OJP uses to calculate payments is available here. Statutory Authority The FY 2018 program is authorized by 8 U.S.C. § 12310) and the Department of Justice Appropriations Act, 2018 (Public Law 115-141). See also 28 U.S,C. § 530C(a). Restriction on use of SCAAP payment; associated records As a matter of federal law, a "State" or "unit of local government" that receives a payment under the FY 2018 program must use the payment "only for correctional purposes." See 8 U.S.C. § 1231(i)(6). SCAAP—FY 2018 Program Requirements and Application Instructions Packet Pg. 145 8.R.1.a "Correctionalp purposes." With respect to a "State" or "unit of local g,overnment," use of a SCAAP payment for correctional purposes" means— • Use of the funds to pay any cost reasonably attributable to that government's operation of a "correctional facility" for its own use, such as— o Salaries and wages paid to employees who work primarily and directly in the "correctional facility" (regardless of whether those employees are "correctional officers") o Costs of employment benefits provided to (or on behalf of) employees who work directly in and for the "correctional facility" o The reasonably allocable portion of the salaries, wages, and benefits paid to employees who, although not primarily and directly working in and for the "correctional facility," provide necessary services either to the correctional facility (e.g., administrative support) or to the individuals "incarcerated" in the correctional facility (e.g., medical care, transportation) o Repair, maintenance, and "overhead" (e.g., utilities) costs reasonably attributable to operation of the "correctional facility." • Use of the funds for payments to a "contract correctional facility" that are reasonably attributable to "incarceration" of individuals in such a facility on behalf of (pursuant to the legal authority of) the pertinent "State" or "unit of local government." • Use of the funds for costs directly associated with (and attributable to) the "incarceration" (under the legal authority of the pertinent "State" or "unit of local government") of aliens who are or may be "undocumented," such as the reasonable costs of activities (e.g., development of policies and appropriate staff training on those policies) designed to ensure that the "State" or "unit of local government" complies with 8 U.S.C. § 1373, gives DHS agents access to "correctional facilities" in order to interview individuals believed to be aliens, and honors formal requests from DHS for advance notice of the scheduled release date and time for particular aliens being held in custody. Maintenance of records. An applicant government that receives a payment under the FY 2018 program must, for not less than three years after the date it draws down that payment from OJP, maintain records sufficient to demonstrate that the payment was used solely for "correctional purposes," and must make those records available to DOJ (including OJP) upon request. Limit on request for compensation As a matter of federal law, "no jurisdiction shall request compensation for any cost greater than the actual cost for Federal immigration and other detainees housed in State and local detention facilities." See Department of Justice Appropriations Act, 2018 (Public Law 115-141; 132 Stat 348, 420). SCAAP — FY 2018 Program Requirements and Application Instructions Packet Pg. 146 8.R.1.a Eligibility Only a "State" or a "unit of local government" is eligible to apply, and only on its own behalf. For purposes of the FY 2018 program — "State" includes the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, the Commonwealth of the Northern Mariana Islands, and American Samoa. "Unit of local government" means a political subdivision of a "State" with authority to independently establish a budget and impose taxes (typically, a "general-purpose" political subdivision of a State). The term may include a county or a municipality (e.g., city, county, town, township, village, borough, or parish). Note: A department or agency that is part of such a "unit of local government" is not itself considered a "unit of local government." Joint applications by two or more "States" or "units of local government" are not permitted, even if the application names only one State or unit of local government as the applicant. As a rule, an application must not incorporate or report data on either— (1) individuals held in custody by the applicant government on behalf of (pursuant to the legal authority of) another State or unit of local government, or (2) costs associated with individuals held in custody on behalf of another State or unit of local government. Similarly, a governmental entity that is not itself a "State" or a "unit of local government" (e.g., a regional jail, special jail district, or regional jail authority or board) is not eligible to apply. Rather, each "State" or "unit of local government" that uses the regional facility may include (as part of in its own application) data that directly reflects its own use of the facility. SCAAP — FY 2018 Program Requirements and Application Instructions Packet Pg. 147 ITEM NO. (ID # 5549) J DATE: 10/16/2018 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\SHERIFF'S OFFICE TO: SUBMITTED BY: BACKGROUND: Board of County Commissioners Toby Long, Director Sheriff's Office Request for distribution from the Law Enforcement Trust (LET) Fund in the amount of $79,000.00 for budget year 2017-2018 The funds will be used for additional equipment, training, expertise, Crime Prevention and Safe Neighborhood expenditures. See attached PREVIOUS ACTION: NA FINANCIAL IMPACT: Sufficient funding is available from the Law Enforcement Trust Fund (620-2110-591900-200). RECOMMENDATION: Staff recommends approval of the Sheriff's budget amendment and transfer of funds in the amount of $79,000.00. COMMISSION ACTION: Packet Pg. 148 Coordination/Signatures n J. M s ara, Sheriff 9/21/2018 anie SWMcinty're,C orney 10/1/2018 Jen r Hill, o fice of ana r—BuFget Director 10/1/2018 Updated: 10/1/2018 10:54 AM by Alvin Hall Page 2 Packet Pg. 149 8.R.2.a 11rriff KEN J MASCARA 4700 West Midway Road, Fort Pierce, Florida 34981 September 19, 2018 46 0 t AI 1 • V// ex E cov The Honorable Frannie Hutchinson, Chair St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort fierce, FL 34982 Dear Commissioner Hutchinson: Member National Sheriffs' Associati Member Florida Sheriffs' Associati Telephone: (772) 461-7300 • Fax: (772) 489-5i The attached is a request for a Law Enforcement Trust Funds in the amount of $79,000.00 for the 2017-2018 budget year. All funds are expended in accordance with state statues. cd attachment f LORIDA *CCREDrrNaO� Packet Pg. 150 8.R.2.a c 0 'C5 m W 'CS 4 a Cis LD ti C O �C a v QCL N c � m m Cu u D LLn C O W E N Q m rn Cr V Cu W U7 o a c C7 O C) C) CD 0 C) tf1 Lf3 � q^ N tll 7 G/ 'O L 3 LL M 3 t; C! E CW1 1. C LU R 0 40 N C7 N C, O O O o © © C. 0 0 0 0 0 o v o C. o d C. © r- CD C) C O Col C] C. m C7 C C Lr C C7 Ci Vi W C L m 4 M m W N 6 W. H7 fH to 4a M 4if 41 0 0 0 0 o a C. 0 0 0 0© o© o 0 C. Cs Ci o Ca rl c CS CS 4 Ca C C). m C. D CS Wt C C O CY W o w o v M w w N w f4o fR 4a !A d? M fA 4A 41. 4 � O CD i• C] C1 cV � to N Qf Y V O w cn � v Z d fn W W 6 l6 C1 U1 4f Q N C 7 O O 0 O O N 6' W 0 i O C O G (A j Q O 6 Co -0,7 uja. •Qt O X o a 0 0 m ti W 2 m N> m 0 6 0 0 o a LL 0. C •16 •�C N •10 •l9 C C C C C E w E 0 0 6 0 6' 0 0 0 0 D U fh U Q W V N LLf v.r (r Z a X lJ.f Ln 0.' Q V~1 Q W D I- N W w w J c H � 0 0 Packet Pg. 151 9.A.1 ITEM NO. RES-2018-187 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - Canoe Creek Municipal Services Benefit Unit Notice of Intent 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 pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2019. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2019. 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. PREVIOUS ACTION: September 4, 2018 - Board granted permission to advertise this public hearing. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Canoe Creek Municipal Services Benefit Unit. COMMISSION ACTION: Packet Pg. 152 9.A.1 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 4anieA..McIntyre, C my ttorney 10/1/2018 rk 5 er ee' ep County min sstrato 10/1/2018 Updated: 9/25/2018 3:35 PM by Kimberly Graham A Page 2 Packet Pg. 153 9.A.1.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED CANOE CREEK MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Canoe Creek Municipal Services Benefit Unit (the "Canoe Creek MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed Canoe Creek MSBU (the "Project") in St. Lucie County (the "County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the Canoe Creek MSBU to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 Packet Pg. 154 9.A.1.a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad valorem tax bills issued in November, 2019, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the County within the proposed Canoe Creek MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed Canoe Creek MSBU. A description of the boundaries of the real property within the proposed Canoe Creek MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non -ad valorem assessments levied by the County within the Canoe Creek MSBU are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 Packet Pg. 155 9.A.1.a After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Cathy Townsend Commissioner Chris Dzadovsky Commissioner Anthony Bonna PASSED AND DULY ADOPTED this 16t" day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney m Cn 2 Y d L U O O C R U v) w ti 00 r O O N N w W Page 3 of 5 Packet Pg. 156 9.A.1.a EXHIBIT A PROOF OF PUBLICATION W d' a Page 4 of 5 Packet Pg. 157 9.A.1.a EXHIBIT B DESCRIPTION: CANOE CREEK MSBU A parcel of land lying in Section 4, T-36-S, R-40-E, St. Lucie County, Florida being more particularly described as follows: All that part of Canoe Creek as recorded in Plat Book 18 at page 9 of the public records of St. Lucie County, Florida: Together with the following described parcel of land being a portion of Lots 64 and 65 of the White City Subdivision as recorded in Plat Book 1 at page 23 of the public records of St. Lucie County, Florida: Begin at the northwest corner of Lot 2 of Canoe Creek; Thence North 100' along the projection of the west line of Lot 2; Thence East and parallel with the north line of Canoe Creek subdivision a distance of 1619' more or less to the west waters edge of the North Fork of the St. Lucie River; Thence meander southwesterly along said waters edge a distance of 464' more or less to the intersection of the easterly extension of the south line of the plat of Canoe Creek; Thence west along said extension a distance of 142' more or less to the southeasterly corner of Lot 10 of Canoe Creek; Thence northwesterly along the easterly line of said Lot 10 to a point on a curve concave to the west, having a radius of 50'; Thence northeasterly a distance of 78.54' along the arc of said curve through a central angle of 90' 00'00" to the southwesterly corner of Lot 8 of Canoe Creek; Thence east along the south line of said Lot 8 a distance of 177.3'; Thence north along the east line of Lot 8 a distance of 144' to a point on the north line of Canoe Creek; Thence west along said north line a distance of 1326.25' to the point of beginning. Less and except right of ways of record. Created 11 /10/06 Revised 11 /06/07 G:\ENG\MSBU\WORD\NOI's\NOI 2009\RESOLUTIONS\Canoe Creek.doc Page 5 of 5 Packet Pg. 158 9.A.2 ITEM NO. RES-2018-188 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution -Hatcher Municipal Services Benefit Unit Notice of Intent 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 pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2019. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2019. 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. PREVIOUS ACTION: September 4, 2018 - Board granted permission to advertise this public hearing. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Hatcher Municipal Services Benefit Unit. COMMISSION ACTION: Packet Pg. 159 9.A.2 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 anie sWmclnty're,c� orney 10/1/2018 rk 5 er ee 1 ep County miAistrato 10/1/2018 Updated: 9/27/2018 12:57 PM by Kimberly Graham A Page 2 Packet Pg. 160 9.A.2.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED HATCHER STREET MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Hatcher Street Municipal Services Benefit Unit (the "Hatcher Street MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed Hatcher Street MSBU (the "Project") in St. Lucie County (the "County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the Hatcher Street MSBU to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 Packet Pg. 161 9.A.2.a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad valorem tax bills issued in November, 2019, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the County within the proposed Hatcher Street MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed Hatcher Street MSBU. A description of the boundaries of the real property within the proposed Hatcher Street MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non -ad valorem assessments levied by the County within the Hatcher Street MSBU are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 Packet Pg. 162 9.A.2.a After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Cathy Townsend Commissioner Chris Dzadovsky Commissioner Anthony Bonna PASSED AND DULY ADOPTED this 16t" day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney m U) L d r Cn w 00 co Cb 0 N U) W W Page 3 of 5 Packet Pg. 163 9.A.2.a EXHIBIT A PROOF OF PUBLICATION NWN LPL a Page 4 of 5 Packet Pg. 164 9.A.2.a EXHIBIT B DESCRIPTION: HATCHER STREET MSBU A PARCEL OF LAND LYING IN THE SOUTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF BLOCK 2 AND LOTS 1 THRU 17, BLOCK 1 OF FLORENCE M HATCHER SUBDIVISION AS RECORDED IN PLAT BOOK 10 AT PAGE 7, OF THE PUBLIC RECORDS OF ST LUCIE COUNTY FLORIDA. ALSO TWISTED OAK ESTATES AS RECORDED IN PLAT BOOK 43 PAGE 38, AND TWISTED OAK ESTATES PHASE II, AS RECORDED IN PLAT BOOK 46 PAGE 11, BOTH OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY FLORIDA. TOGETHER WITH THE FOLLOWING PARCELS DESCRIBED IN THE OFFICIAL RECORD BOOKS OF ST LUCIE COUNTY FLORIDA TO WIT: O.R. 3781 PAGE 1401, O.R. 1635 PAGE 1506, O.R. 2255 PAGE368, O.R. 3927 PAGE 2318, O.R. 813 PAGE 1595, O.R. 875 PAGE 176, O.R. 897 PAGE 425, O.R. 3550 PAGE 1318, O.R. 1151 PAGE 2995, O.R. 942 PAGE 792, O.R. 2089 PAGE 2986. Page 5 of 5 Packet Pg. 165 9.A.3 ITEM NO. RES-2018-189 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - Lakewood Park 2 Municipal Services Benefit Unit Notice of Intent 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 pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2019. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2019. 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 2 Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. PREVIOUS ACTION: September 4, 2018 - Board granted permission to advertise this public hearing. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Lakewood Park 2 Municipal Services Benefit Unit. COMMISSION ACTION: Packet Pg. 166 9.A.3 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 anie sWmclnty're,c� orney 10/1/2018 rk 5 er ee 1 ep County miAistrato 10/1/2018 Updated: 9/25/2018 3:37 PM by Kimberly Graham A Page 2 Packet Pg. 167 9.A.3.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHN THE PROPOSED LAKEWOOD PARK 2 MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Lakewood Park 2 Municipal Services Benefit Unit (the "Lakewood Park 2 MSBU") to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Lakewood Park 2 MSBU (the "Project") in St. Lucie County (the "County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the Lakewood Park 2 to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 Packet Pg. 168 9.A.3.a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad valorem tax bills issued in November, 2019, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the County within the proposed Lakewood Park 2 MSBU to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Lakewood Park 2 MSBU. A description of the boundaries of the real property within the proposed Lakewood Park 2 MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non -ad valorem assessments levied by the County within the Lakewood Park 2 MSBU are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 Packet Pg. 169 9.A.3.a After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Cathy Townsend Commissioner Chris Dzadovsky Commissioner Anthony Bonna PASSED AND DULY ADOPTED this 16t" day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 Packet Pg. 170 9.A.3.a EXHIBIT A PROOF OF PUBLICATION Page 4 of 5 Packet Pg. 171 9.A.3.a EXHIBIT B DESCRIPTION: LAKEWOOD PARK 2 MSBU A PARCEL OF LAND LYING IN SECTIONS 1,2, 11,12,13 AND 14, T-34-S, R-39-E. ST LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 1/2 OF SECTION 1, T-34-S, R-39-E; AND SECTION 2, T-34-S, R-39-E; AND EAST '/2 OF SECTION 11, T-34-S, R-39-E AND; THE WEST '/z OF SECTION 12, T-34-S, R-39-E AND; THE NORTH '/2 OF THE NORTHWEST '/4 OF SECTION 13, T- 34-S, R-39-E AND; THE NORTHEAST '/4 OF SECTION 14, T-34-S, R-39-E, LESS AND EXCEPT THE SOUTHWEST'/4 OF THE NORTHEAST '/4 OF SAID SECTION 14. LESS AND EXCEPT ALL ROAD AND CANAL RIGHT OF WAYS OF RECORD AND ALL COUNTY OWNED PARCELS OF RECORD. OCTOBER 18, 2005 G:\ENG\MSBU\MSBU WORD\NOI's\NOI 2009\RESOLUTIONS\Lakewood Park 2.doc Page 5 of 5 Packet Pg. 172 9.A.4 ITEM NO. RES-2018-190 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - LWP Drainage Municipal Services Benefit Unit Notice of Intent 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 pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2019. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2019. 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 LWP Drainage Municipal Services Benefit Unit to create a mechanism to collect the annual user fee for the Fort Pierce Farms Water Control District for the parcels identified within the proposed boundary. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Lakewood Park (LWP) Drainage Municipal Services Benefit Unit. COMMISSION ACTION: Packet Pg. 173 9.A.4 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 anie sWmclnty're,c� orney 10/1/2018 rk 5 er ee 1 ep County miAistrato 10/1/2018 Updated: 9/27/2018 12:56 PM by Kimberly Graham A Page 2 Packet Pg. 174 9.A.4.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED LWP DRAINAGE MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the LWP Drainage Municipal Services Benefit Unit (the "LWP Drainage MSBU") to fund the cost of a project to provide drainage improvements to properties within the boundaries of the proposed LWP Drainage MSBU (the "Project") in St. Lucie County (the "County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the LWP Drainage MSBU to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 Packet Pg. 175 9.A.4.a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad valorem tax bills issued in November 2019, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the County within the proposed LWP Drainage MSBU to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed LWP Drainage MSBU. A description of the boundaries of the real property within the proposed LWP Drainage MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non -ad valorem assessments levied by the County within the LWP Drainage MSBU are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 Packet Pg. 176 9.A.4.a After motion and second, the vote on this Resolution was as follows: Chair Vice Chair Commissioner Commissioner Commissioner Frannie Hutchinson Linda Bartz Chris Dzadovsky Anthony Bonna Cathy Townsend PASSED AND DULY ADOPTED this 16t" day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 Packet Pg. 177 9.A.4.a EXHIBIT A PROOF OF PUBLICATION 0 z m co c L a J r Q Page 4 of 5 Packet Pg. 178 9.A.4.a EXHIBIT B DESCRIPTION: LWP DRAINAGE MSBU A PARCEL OF LAND LYING IN SECTIONS 1,2, 11,12,13 AND 14, T-34-S, R-39-E. ST LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 1/2 OF SECTION 1, T-34-S, R-39-E; AND THE EAST 1/4 OF SECTION 2, T-34-S, R-39-E; AND EAST '/2 OF SECTION 11, T-34-S, R-39-E AND; THE WEST'/2 OF SECTION 12, T-34-S, R-39-E AND; THE NORTH '/2 OF THE NORTHWEST '/4 OF SECTION 13, T-34-S, R-39-E AND; THE NORTH'/2 OF THE NORTHEAST '/4 OF SECTION 14, T-34-S, R-39-E. LESS AND EXCEPT ALL ROAD AND CANAL RIGHT OF WAYS OF RECORD AND ALL COUNTY OWNED PARCELS OF RECORD. OCTOBER 18, 2005 Page 5 of 5 Packet Pg. 179 9.A.5 ITEM NO. RES-2018-191 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - Mura Municipal Services Benefit Unit Notice of Intent 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 pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2019. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2019. 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 Mura Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. PREVIOUS ACTION: September 4, 2018 - Board granted permission to advertise this public hearing. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Mura Municipal Services Benefit Unit. COMMISSION ACTION: Packet Pg. 180 9.A.5 Coordination/Signatures AM-ty)U'z�k _ V C�- n We t, Public Works Directo 018 anie SWmclnty're,c� orney 10/1/2018 rk 5 er ee 1 ep County miAistrato 10/1/2018 Updated: 10/4/2018 8:37 AM by Katrina Slay A Page 2 Packet Pg. 181 9.A.5.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED MURA MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Mura Municipal Services Benefit Unit (the "Mura MSBU") to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Mura MSBU (the "Project") in St Lucie County (the "County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the Mura MSBU to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 Packet Pg. 182 9.A.5.a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad valorem tax bills issued in November, 2019, the Board intends to use the uniform _ 0 method of collecting non -ad valorem assessments authorized in Section 197.3632, Z m U) Florida Statutes for collecting non -ad valorem assessments levied by the County within L the proposed Mura MSBU to fund the cost of a project to provide potable water U) w improvements to properties within the boundaries of the proposed Mura MSBU. A W r description of the boundaries of the real property within the proposed Mura MSBU and Cb subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non -ad w W valorem assessments levied by the County within the Mura MSBU are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 Packet Pg. 183 9.A.5.a After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Cathy Townsend Commissioner Chris Dzadovsky Commissioner Anthony Bonna PASSED AND DULY ADOPTED this 16t" day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney 0 z m U) L C� G U) W r O r O O N w W Page 3 of 5 Packet Pg. 184 9.A.5.a EXHIBIT A PROOF OF PUBLICATION 0 z m L C� G NWN L7� r M O N N W C O r 7 O N N m R L 3 R L6 d r a Page 4 of 5 Packet Pg. 185 9.A.5.a EXHIBIT B DESCRIPTION: MURA MSBU A parcel of land lying within Section 27, Township 35 South, Range 40 East, St. Lucie County, Florida and also being a part of Silver Lake Park Addition as recorded in Platbook 10 Page 8 of the public records of St. Lucie County, Florida being more fully described as follows: Lots 1 and 3 thru 14, Block 11 — all of Block 12 — Lots 3 thru 14, Block 13 — Lots 5 thru 9, Block 14 — Lot 32, Block 6 — Lots 1, 2, 31 and 32, Block 7 — Lots 1 and 7 and 17 and 18 thru 32 Block 8 — The east 41.37 feet of Lot 6, Block 8 — Lots 1 thru 15 and 18 thru 32 Block 9 and Lots 1 thru 14, Block 10: LESS AND EXCEPT THE FOLLOWING: That part of Lots7 and 18, Block 8 being more fully described as follows: Begin at the Southeast comer of Lot 17, Block 8, Silver Lake Park Addition, as recorded in Plat Book 10, Page 8, of the Public Records of St. Lucie County, Florida; thence run West, along the South line of said Lot 17, a distance of 125 feet to the Southwest comer of said Lot 17; thence run Northerly along the West line of Lots 17 and 18, Block 8, a distance of 96.00 feet; thence run Easterly, parallel with the North line of said Lot 18, a distance of95.35 feet; thence run Northeasterly a distance of29.84 feet to a point 100 feet Northerly of the Point of Beginning, said point being on the West right-of-way of Mura Drive; thence run Southerly along the East line of said Lots 17 and 18, a distance of 100 feet to the Point of Beginning. 0 z m U) U) w r 0 0 N v� w W Page 5 of 5 Packet Pg. 186 9.A.6 ITEM NO. RES-2018-192 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - North Hutchinson Island Municipal Services Benefit Unit Notice of Intent for 2018 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 pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2019. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2019. The Board is considering the creation of the North Hutchinson Island Municipal Services Benefit Unit to provide wastewater improvements to the parcels within the North Hutchinson Island MSBU boundary. PREVIOUS ACTION: September 4, 2018 - Board granted permission to advertise this public hearing. FINANCIAL IMPACT: N/A :T:101► I► i�►lle%111610 Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the North Hutchinson Island Municipal Services Benefit Unit. COMMISSION ACTION: Packet Pg. 187 9.A.6 Coordination/Signatures -A\-Tv\a lz�k - ( A VA n We t, Public Works Directof klr- 018 anie sW're,,t, orney 10/1/2018 rk 5 er ee 1 ep County miAistrato 10/1/2018 Updated: 9/28/2018 9:15 AM by Barbara Guettler Page 2 Packet Pg. 188 9.A.6.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED NORTH HUTCHINSON ISLAND MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the North Hutchinson Island Municipal Services Benefit Unit (the "North Hutchinson Island MSBU") to fund the cost of a project to construct wastewater improvements to properties within the boundaries of the proposed North Hutchinson Island MSBU (the "Project") in St. Lucie County (the "County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the North Hutchinson Island MSBU to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 Packet Pg. 189 9.A.6.a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad valorem tax bills issued November, 2019, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the County within the proposed North Hutchinson Island MSBU to fund the cost of a project to provide wastewater improvements to properties within the boundaries of the proposed North Hutchinson Island MSBU. A description of the boundaries of the real property within the proposed North Hutchinson Island MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non -ad valorem assessments levied by the County within the North Hutchinson Island MSBU are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. 0 z m Cn x z Cn w N 06 0 N w 0 r 0 M Page 2 of 5 Packet Pg. 190 9.A.6.a After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Cathy Townsend Commissioner Chris Dzadovsky Commissioner Anthony Bonna PASSED AND DULY ADOPTED this 16t" day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney 0 z m Cn x z Cn w N O O O N W c 0 r 0 a� Page 3 of 5 Packet Pg. 191 9.A.6.a ■ PROOF OF PUBLICATION 0 z m x z Cn w Ix r Q Page 4 of 5 Packet Pg. 192 9.A.6.a EXHIBIT B DESCRIPTION: NORTH HUTCHINSON ISLAND MSBU w Page 5 of 5 Packet Pg. 193 9.A.7 ITEM NO. RES-2018-193 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - Property Clean-up Municipal Services Benefit Unit Notice of Intent 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 pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2019. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2019. 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 Municipal Services Benefit Unit to provide abatement services to the parcels within the boundary. PREVIOUS ACTION: September 4, 2018 - Board granted permission to advertise this public hearing. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Property Clean-up Municipal Services Benefit Unit. COMMISSION ACTION: Packet Pg. 194 9.A.7 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 anie sWmcinty're,c� orney 10/1/2018 rk 5 er ee 1 ep County miAistrato 10/1/2018 Updated: 9/27/2018 12:54 PM by Kimberly Graham A Page 2 Packet Pg. 195 9.A.7.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPERTY CLEAN-UP SPECIAL ASSESSMENT DISTRICT TO FUND REMEDIATION AND ABATEMENT OF UNSAFE AND UNSANITARY CONDITIONS; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, by enactment of Ordinance No. 14-018, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") provided for the imposition of non -ad valorem special assessments against certain real property within the County to fund the costs associated with services related to the remediation and abatement of unsafe and unsanitary conditions (the "Remediation Services"); and WHEREAS, Ordinance No. 14-018 described the area within which the County may impose such special assessments as the County's Urban Service Boundary as defined in the St. Lucie County Comprehensive Plan, and established such area as a special assessment district (the "SAD"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting such non -ad valorem special assessments as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018, the Board held a duly advertised public Page 1 of 5 Packet Pg. 196 9.A.7.a hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". 0 z m NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners a 7 of St. Lucie County, Florida, as follows: U Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad r a� a 0 valorem tax bills issued in November, 2019, the Board intends to use the uniform a vn method of collecting non -ad valorem assessments authorized in Section 197.3632,LU M Florida Statutes for collecting non -ad valorem assessments levied by the County within Co the Property Clean-up SAD. A description of the boundaries of the real property within N U) w the Property Clean-up SAD and subject to the levy is attached hereto and made a part W hereof as Exhibit "B". The non -ad valorem assessments levied by the County within the Property Clean-up SAD are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments is necessary to recover the cost of remedying and abating unsafe and unsanitary conditions. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Page 2 of 5 Packet Pg. 197 9.A.7.a Section 4: This Resolution shall be effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Cathy Townsend Commissioner Chris Dzadovsky Commissioner Anthony Bonna PASSED AND DULY ADOPTED this 16t" day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: Page 3 of 5 County Attorney Packet Pg. 198 9.A.7.a :rA011=111r_1 PROOF OF PUBLICATION Paqe 4 of 5 Packet Pg. 199 9.A.7.a EXHIBIT B DESCRIPTION: PROPERTY CLEAN-UP SPECIAL ASSESSMENT DISTRICT The boundaries are as follows: That portion of the unincorporated area of the County lying to the east of the following described line: begin at the point Interstate 95 enters the County from Indian River County and run southerly along Interstate 95 to Angle Road; then run westerly along Angle Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Picos Road; then run westerly along Picos Road to Gentile Road; then run southerly along Gentile Road to Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Interstate 95; then run southerly along Interstate 95 to Glades Cutoff Road; then run westerly along Glades Cutoff Road to C-24 Canal; then run southerly along C-24 Canal to Juliette Avenue; then run westerly along Juliette avenue to Salvatierra Boulevard; then run southerly along Salvatierra Boulevard to Tanforan Boulevard; then run easterly along Tanforan Boulevard to Interstate 95; then run southerly along Interstate 95 to the point at which it enters Martin County. * The County provides Remediation Services solely within the unincorporated area of the County and therefore will not impose or collect non -ad valorem assessments to fund Remediation Services from real property located within the corporate limits of any municipality. Page 5 of 5 Packet Pg. 200 9.A.8 ITEM NO. RES-2018-194 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - Rainbow Drive 1 Municipal Services Benefit Unit Notice of Intent 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 pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2019. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2019. 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 Rainbow Drive 1 Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. PREVIOUS ACTION: September 4, 2018 - Board granted permission to advertise this public hearing. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Rainbow Drive Municipal Services Benefit Unit. COMMISSION ACTION: Packet Pg. 201 9.A.8 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 anie sWmclnty're,c� orney 10/1/2018 rk 5 er ee 1 ep County miAistrato 10/1/2018 Updated: 9/27/2018 12:53 PM by Kimberly Graham A Page 2 Packet Pg. 202 9.A.8.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED RAINBOW DRIVE 1 MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Rainbow Drive 1 Municipal Services Benefit Unit (the "Rainbow Drive 1 MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed Rainbow Drive 1 MSBU (the "Project") in St. Lucie County (the "County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the Rainbow Drive 1 MSBU to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 6 Packet Pg. 203 9.A.8.a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad valorem tax bills issued in November, 2019, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the County within the proposed Rainbow Drive 1 MSBU to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Rainbow Drive 1 MSBU. A description of the boundaries of the real property within the proposed Rainbow Drive 1 MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non -ad valorem assessments levied by the County within the Rainbow Drive 1 MSBU are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 6 Packet Pg. 204 9.A.8.a After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Cathy Townsend Commissioner Chris Dzadovsky Commissioner Anthony Bonna PASSED AND DULY ADOPTED this 16t" day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 6 Packet Pg. 205 9.A.8.a EXHIBIT A PROOF OF PUBLICATION Page 4 of 6 Packet Pg. 206 9.A.8.a EXHIBIT B DESCRIPTION: RAINBOW DRIVE 1 MSBU A PARCEL OF LAND LYING IN SECTION 5, T-36-S, R-40-E, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF THE UNRECORDED DANIELS SUBDIVISION; SAID SUBDIVISION BEING BOUNDED ON THE WEST BY THE EAST LINE OF LOT 109, WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; AND BOUNDED ON THE EAST BY THE WEST RIGHT OF WAY LINE OF ST. JAMES DRIVE AS NOW LAID OUT AND IN USE; AND BOUNDED ON THE SOUTH BY THE NORTH LINE OF THE SOUTH 268' FEET OF THE NE'/4 OF THE SE'/4 OF SECTION 5, T-36-S, R-40-E; AND BOUNDED ON THE NORTH BY THE FOLLOWING DESCRIBED AGREED LINE AS RECORDED IN ORB 232 AT PAGE 237 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, " STARTING AT A POINT 654.4 FEET NORTH (AS MEASURED ALONG THE EAST LINE OF SECTION 5) AND 25 FEET WEST OF THE SOUTHEAST CORNER OF THE NE'/4 OF THE SE'/4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST (POINT OF BEGINNING) RUN THENCE WESTERLY ON A BEARING SOUTH 89 54' 40" WEST A DISTANCE OF 1294.75 FEET TO A POINT (TERMINUS)". LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND DESCRIBED IN ORB 2084 AT PAGE 1320 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; "BEGIN AT THE SOUTHEAST CORNERT OF THE NORTH 375 FEET OF THE SOUTH ONE-HALF OF THE NE'/4 OF THE SE'/4 OF SECTION 5, T-36-S, R-40- E, THENCE RUN WSET 25 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREINAFTER DESCRIBED: THENCE CONTINUE WEST 125 FEET; THENCE NORTH 121 FEET; THENCE RUN EAST 125 FEET TO THE WEST LINE OF HAWLEY ROAD; THENCE TURN AND RUN SOUTH ALONG SAID WEST LINE 121 FEET TO THE POINT OF BEGINNING. (BEING LOT 1 OF DANIELS UNRECORDED SUBDIVISION)". AND; LESS AND ACCEPT THE FOLLOWING PARCEL OF LAND AS DESCRIBED IN ORB 1419 AT PAGES 1919-1921; "THE EAST 180 FEET OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHEAST CORNER OF THE NORTH 375 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 5, T-36-S, RE-40-E, RUN WEST 35 FEET TO THE POINT OF BEGINNING; Page 5 of 6 Packet Pg. 207 9.A.8.a FROM SAID POINT OF BEGINNING, CONTINUE WEST 358.4 FEET TO A POINT; THENCE TURN AND RUN NORTH 204 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPTING THE NORTHERN MOST 8.45 FEET THEREOF, RELEASED AND CONVEYEDGUIDO MESITO AND ANTOINETTE MESITO, HIS WIFE AND OTHERS, TO ESTABLISH THE NORTHERN MOST BOUNDARY HEREOF AS SET FORTH IN INSTRUMENT RECORDED IN ORB 232, PAGE235, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA". PREPARED OCTOBER 19, 2005 REVISED NOVEMBER 06, 2007 G:\ENG\MSBU\WORD\NOI's\NOI 2009\RESOLUTIONS\Rainbow Drive 1.doc Page 6 of 6 Packet Pg. 208 9.A.9 ITEM NO. RES-2018-195 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - Rainbow Drive 2 Municipal Services Benefit Unit Notice of Intent 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 pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2019. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2019. 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 Rainbow Drive 2 Municipal Services Benefit Unit to provide wastewater improvements to the parcels within the proposed boundary. PREVIOUS ACTION: September 4, 2018 - Board granted permission to advertise this public hearing. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Rainbow Drive 2 Municipal Services Benefit Unit. COMMISSION ACTION: Packet Pg. 209 9.A.9 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 anie sWmclnty're,c� orney 10/1/2018 rk 5 er ee 1 ep County miAistrato 10/1/2018 Updated: 9/27/2018 12:52 PM by Kimberly Graham Page 2 Packet Pg. 210 9.A.9.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED RAINBOW DRIVE 2 MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Rainbow Drive 2 Municipal Services Benefit Unit (the "Rainbow Drive 2 MSBU") to fund the cost of a project to construct wastewater improvements to properties within the boundaries of the proposed Rainbow Drive 2 MSBU (the "Project") in St. Lucie County (the "County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the Rainbow Drive 2 MSBU to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 Packet Pg. 211 9.A.9.a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad valorem tax bills issued November, 2019, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the County within the proposed Rainbow Drive 2 MSBU to fund the cost of a project to provide wastewater improvements to properties within the boundaries of the proposed Rainbow Drive 2 MSBU. A description of the boundaries of the real property within the proposed Rainbow Drive 2 MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non -ad valorem assessments levied by the County within the Rainbow Drive 2 MSBU are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 Packet Pg. 212 9.A.9.a After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Cathy Townsend Commissioner Chris Dzadovsky Commissioner Anthony Bonna PASSED AND DULY ADOPTED this 16t" day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 Packet Pg. 213 9.A.9.a *:/:I 1:1 11 r_1 PROOF OF PUBLICATION Page 4 of 5 Packet Pg. 214 9.A.9.a EXHIBIT B DESCRIPTION: RAINBOW DRIVE 2 MSBU A PARCEL OF LAND LYING IN SECTION 5, T-36-S, R-40-E, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF THE UNRECORDED DANIELS SUBDIVISION; SAID SUBDIVISION BEING BOUNDED ON THE WEST BY THE EAST LINE OF LOT 109, WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; AND BOUNDED ON THE w EAST BY THE WEST RIGHT OF WAY LINE OF ST. JAMES DRIVE AS NOW LAID OUT AND IN USE; AND BOUNDED ON THE SOUTH BY THE NORTH LINE OF THE LO SOUTH 268' FEET OF THE NE'/4 OF THE SE'/4 OF SECTION 5, T-36-S, R-40-E; AND BOUNDED ON THE NORTH BY THE FOLLOWING DESCRIBED AGREED LINE o AS RECORDED IN ORB 232 AT PAGE 237 OF THE PUBLIC RECORDS OF ST. N LUCIE COUNTY, FLORIDA, " STARTING AT A POINT 654.4 FEET NORTH (AS MEASURED ALONG THE EAST LINE OF SECTION 5) AND 25 FEET WEST OF THE SOUTHEAST CORNER OF THE NE'/4 OF THE SE'/4 OF SECTION 5, TOWNSHIP 36 0 SOUTH, RANGE 40 EAST (POINT OF BEGINNING) RUN THENCE WESTERLY ON A BEARING SOUTH 89 54' 40" WEST A DISTANCE OF 1294.75 FEET TO A POINT (TERMINUS)". w OCTOBER 19, 2005 G:\ENG\MSBU\WORD\NOI's\NOI 2009\RESOLUTIONS\Rainbow Drive 2.doc Page 5 of 5 Packet Pg. 215 9.A.10 ITEM NO. RES-2018-196 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - River Hammock Municipal Services Benefit Unit Notice of Intent 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 pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2019. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2019. 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 River Hammock Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. PREVIOUS ACTION: September 4, 2018 - Board granted permission to advertise this public hearing. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the River Hammock Municipal Services Benefit Unit. COMMISSION ACTION: Packet Pg. 216 9.A.10 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 anie sWmclnty're,c� orney 10/1/2018 rk 5 er ee 1 ep County miAistrato 10/1/2018 Updated: 9/27/2018 12:50 PM by Kimberly Graham A Page 2 Packet Pg. 217 9.A.10.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED RIVER HAMMOCK MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the River Hammock Municipal Services Benefit Unit (the "River Hammock MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed River Hammock MSBU (the "Project") in St. Lucie County (the County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the River Hammock MSBU to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 Packet Pg. 218 9.A.10.a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad valorem tax bills issued in November, 2019, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the County within the proposed River Hammock MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed River Hammock MSBU. A description of the boundaries of the real property within the proposed River Hammock MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non -ad valorem assessments levied by the County within the River Hammock MSBU are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 Packet Pg. 219 9.A.10.a After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Cathy Townsend Commissioner Chris Dzadovsky Commissioner Anthony Bonna PASSED AND DULY ADOPTED this 16t" day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney m 0 E x L N% C6 r O N Cn W c 0 0 m Y V 0 E E x L d �a 0 Q r c a� E R Q Page 3 of 5 Packet Pg. 220 9.A.10.a ■ PROOF OF PUBLICATION O z m co Y O E E x L iA NWN LPL a+ Q Page 4 of 5 Packet Pg. 221 9.A.10.a EXHIBIT B DESCRIPTION: RIVER HAMMOCK MSBU LEGAL DESCRIPTION FOR RIVER HAMMOCK MSBU A parcel of land lying in Section 4, T-36-S, R-40-E, St. Lucie County, Florida and also being a portion of River Hammock Subdivision as recorded in Plat Book 23 at page 2 of the public records of St. Lucie County, Florida and a portion of River Hammock Addition an unrecorded subdivision. Said parcel being more particularly described as follows: Commence at the northwest corner of the SW 1/4 of the SW 1/4 of Section 4, T-36-S, R-40-E; thence S 00' 09'38" E along the west line of said Section 4 a distance of 300.00'; thence N 89' 50'56" E a distance of 173.12' to the southwest corner of Lot 2 of River Hammock Addition (unrecorded subdivision) as described within ORB 1305, Pages 1526-1527 of the public records of St. Lucie County Florida and the Point of Beginning; thence N 00' 09'38" W a distance of 400.0' to the northwest corner of Lot 2 of River Hammock Subdivision as recorded in Plat Book 23, page 2 of the public records of St. Lucie County, Florida; thence N 89' 50'56" E along the N north line of said River Hammock Subdivision and easterly extension thereof a distance of 1950' d� more or less to the mean high water line of the St. Lucie River; thence meander southerly along said mean high water line a distance of 420' more or less to a point on a line lying 400.00' south r- (as measured at right angles) of the north line of River Hammock Subdivision; thence S 89' 50'56" W parallel with the north line of River Hammock Subdivision a distance of 1690' more c or less to the Point of Beginning. Less and except right of ways of record. Prepared 10/9/2015 Ron Harris County Surveyor Page 5 of 5 Packet Pg. 222 9.A.11 ITEM NO. RES-2018-197 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - Sabal Creek Municipal Services Benefit Unit Notice of Intent 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 pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2019. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2019. 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 Sabal Creek Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. PREVIOUS ACTION: September 4, 2018 - Board granted permission to advertise this public hearing. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Sabal Creek Municipal Services Benefit Unit. COMMISSION ACTION: Packet Pg. 223 9.A.11 Coordination/Signatures EMIL Kimberly Graham, Courj Engineer 9/28/2018 4aniieA..McIntyre, C my ttorney 10/1/2018 rk 5 er ee 16e6wf County ministrato 10/1/2018 Updated: 9/28/2018 9:15 AM by Kimberly Graham A Page 2 Packet Pg. 224 9.A.11.a RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED SABAL CREEK MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Sabal Creek Municipal Services Benefit Unit (the "Saba) Creek MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed Sabal Creek MSBU (the "Project") in St. Lucie County (the "County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the Sabal Creek MSBU to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 Packet Pg. 225 9.A.11.a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad valorem tax bills issued in November, 2019, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied within the proposed Sabal Creek MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed Sabal Creek MSBU A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non - ad valorem assessments levied by the County within the Sabal Creek MSBU are annual assessments which will continue from year to year until discontinued by the County Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 m a� a� L U Cn w ti Co 0 N v) w W Packet Pg. 226 9.A.11.a After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Cathy Townsend Commissioner Chris Dzadovsky Commissioner Anthony Bonna PASSED AND DULY ADOPTED this 16t" day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: Paqe 3 of 5 County Attorney m a� a� L U w ti C6 0 N N W W Packet Pg. 227 9.A.11.a EXHIBIT A 0 Z m PROOF OF PUBLICATION Y a� a� L U Paqe 4 of 5 R Cn Lu ti C6 0 N N W d' C O 'rr 3 O N O m U) r- O d L U R N Packet Pg. 228 9.A.11.a EXHIBIT B DESCRIPTION: SABAL CREEK MSBU A parcel of land lying in Sections 21and 28, T-36-S, R-39-E, St. Lucie County, Florida. Said parcel being more particularly described as follows: All that part of Sabal Creek, Phase 1 as recorded in Plat Book 23 at pages 32, 32A and 32B of the public records of St. Lucie County, Florida; together with All that part of Sabal Creek, Phase II as recorded in Plat Book 24 at pages 1, 1A, 1B and 1C of the public records of St. Lucie County, Florida; together with All that part of Sabal Creek, Phase IV as recorded in Plat Book 24 at pages 17 and 17A of the public records of St. Lucie County, Florida; together with All that part of the parcel of land described and recorded within Official Record Book 2905 at pages 711-713 of the public records of St. Lucie County, Florida. Less and except right of ways of record. Created 9/17/2014 Page 5 of 5 Packet Pg. 229 9.A.12 ITEM NO. RES-2018-198 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - Saint James Municipal Services Benefit Unit Notice of Intent 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 pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2019. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2019. 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 Saint James Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. PREVIOUS ACTION: September 4, 2018 - Board granted permission to advertise this public hearing. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Saint James Municipal Services Benefit Unit. COMMISSION ACTION: Packet Pg. 230 9.A.12 Coordination/Signatures -A\-Tv\a lz�k - ( A VA n We t, Public Works Directof klr- 018 anie sW're,,t, orney 10/1/2018 rk 5 er ee 1 ep County miAistrato 10/1/2018 Updated: 10/1/2018 10:26 AM by Kimberly Graham Page 2 Packet Pg. 231 9.A.12.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED ST JAMES MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the St James Municipal Services Benefit Unit (the "St James MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed St James MSBU (the "Project") in St. Lucie County (the "County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the St James MSBU to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 Packet Pg. 232 9.A.12.a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad valorem tax bills issued in November, 2019, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the County within the proposed St James MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed St James MSBU. A description of the boundaries of the real property within the proposed St James MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non -ad valorem assessments levied by the County within the St James MSBU are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 Packet Pg. 233 9.A.12.a After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Cathy Townsend Commissioner Chris Dzadovsky Commissioner Anthony Bonna PASSED AND DULY ADOPTED this 16t" day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney m Cn (n w w a) 0 N Cn w c 0 0 N N E r N r Q C d E t �a r r Q Page 3 of 5 Packet Pg. 234 9.A.12.a EXHIBIT A PROOF OF PUBLICATION Go am r O O N Cn W C O 3 O N N N N O r O N Q O C d E t V R r r Q Page 4 of 5 Packet Pg. 235 9.A.12.a DESCRIPTION: ST JAMES MSBU EXHIBIT B Gl Q Page 5 of 5 Packet Pg. 236 9.A.13 ITEM NO. RES-2018-199 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - Towns Villages and Countryside Municipal Services Benefit Unit Notice of Intent 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 pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2019. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2019. 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 Towns Villages and Countryside Municipal Services Benefit Unit to provide infrastructure improvements to the parcels within the proposed boundary. PREVIOUS ACTION: September 4, 2018 - Board granted permission to advertise this public hearing. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Towns Villages Countryside Municipal Services Benefit Unit. COMMISSION ACTION: Packet Pg. 237 9.A.13 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 anie sWmclnty're,c� orney 10/1/2018 rk 5 er ee 1 ep County miAistrato 10/1/2018 Updated: 9/27/2018 12:46 PM by Kimberly Graham Page 2 Packet Pg. 238 9.A.13.a RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED TOWNS, VILLAGES, AND COUNTRYSIDE MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Towns, Villages, and Countryside Municipal Services Benefit Unit (the "Towns, Villages, and Countryside MSBU") to fund the cost of a project to provide infrastructure improvements to the area within the boundaries of the proposed Towns, Villages, and Countryside MSBU (the "Project") in St. Lucie County (the "County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the Towns, Villages, and Countryside MSBU to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 6 Packet Pg. 239 9.A.13.a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad valorem tax bills issued in November, 2019, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the County within the proposed Towns, Villages, and Countryside MSBU to fund the cost of a project to provide infrastructure improvements to the area within the boundaries of the proposed Towns, Villages, and Countryside MSBU. A description of the boundaries of the real property within the proposed Towns, villages, and Countryside MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non -ad valorem assessments levied by the County within the Towns, Villages, and Countryside MSBU are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 6 Packet Pg. 240 9.A.13.a After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Cathy Townsend Commissioner Chris Dzadovsky Commissioner Anthony Bonna PASSED AND DULY ADOPTED this 16t" day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney 0 z m Cn U Co r 0 N Cn w c 0 0 m U H R vi Q r c m E r r Q Page 3 of 6 Packet Pg. 241 9.A.13.a WN01l:1Ilr_1 PROOF OF PUBLICATION 0 z m U H N W Q-' a Page 4 of 6 Packet Pg. 242 9.A.13.a EXHIBIT B DESCRIPTION: TOWNS, VILLAGES, AND COUNTRYSIDE MSBU A PARCEL OF LAND LYING IN SECTIONS 3, 4, 5, 8, 9,10, 17, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 32, 33, 34, 35, AND 36, T-34-S, R-39-E, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE N.W. CORNER OF SECTION 5, T-34-S, R-39-E; THENCE SOUTH ALONG THE WEST LINE OF SECTIONS 5, 8, AND 17, T-34-S, R-39-E TO THE S.W. CORNER OF THE N.W.1/4 OF SECTION 17, T-34-S, R-39E; THENCE WEST ALONG THE SOUTH LINE OF THE N.E. '/4 OF SECTION 18 T-34-S, R-39-E 1356.54' TO A POINT; THENCE SOUTH 76.00' TO A POINT; THENCE WEST 1356.70' TO THE WEST LINE OF THE S.E.1/4 OF SECTION 18, T-34-S, R-39-E; THENCE SOUTH 456.63' TO A POINT; THENCE SOUTHWESTERLY 182.60' MORE OR LESS TO A POINT ON THE CENTERLINE OF THE FORT PIERCE FARMS WATER CONTROL DISTRICT DIKE AS REFERENCED WITHIN ORB 287 AT PAGE 1830 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE ALONG SAID CENTERLINE THE FOLLOWING FOUR (4) CALLS; 1. THENCE SOUTH 1980.10' TO A POINT ON THE SOUTH LINE OF SECTION 18, T-34- S, R-39-E; 2. THENCE SOUTH 2697.26' MORE OR LESS TO A POINT ON THE SOUTH LINE OF THE N.W.'/4 SECTION LINE OF SECTION 19, T-34-S, R-39-E; 3. THENCE SOUTHEAST 886.31' MORE OR LESS TO A POINT; 4. THENCE SOUTH 1946.51' TO A POINT ON THE SOUTH LINE OF SECTION 19, T-34- S, R-39-E; THENCE RUN WEST DEPARTING SAID CENTERLINE A DISTANCE OF 58' MORE OR LESS TO THE N.W. CORNER OF THE EAST '/2 OF SECTION 30, T-34-S, R-39-E; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 30 TO THE NORTH RIGHT-OF-WAY LINE OF SUNSHINE STATE PARKWAY; THENCE EAST AND SOUTH EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SUNSHINE STATE PARKWAY TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT CANAL C-25; THENCE EAST ON THE NORTH RIGHT-OF-WAY LINE OF SAID C-25 CANAL TO A POINT ALONG THE WEST RIGHT-OF-WAY LINE OF KEEN ROAD; THENCE NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF KEEN ROAD TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF ST. LUCIE BOULEVARD; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF ST. LUCIE BOULEVARD TO A POINT ON THE EAST RIGHT-OF- WAY LINE OF KINGS HIGHWAY; THENCE NORTH ALONG THE EAST RIGHT-OF-WAY LINE OF KINGS HIGHWAY TO A POINT ON THE NORTH LINE OF THE S.W.1/4 OF SECTION 25, T-34-S,R-39-E; THENCE WEST ALONG SAID NORTH LINE OF THE S.W.1/4 OF SECTION 25 TO THE S.W. CORNER OF THE EAST '/2 OF THE N.E. '/4 OF SECTION 26, 0 z m Cn U Cb 0 N Cn w c 0 0 a� U ri Q r c a� E r Q Page 5 of 6 Packet Pg. 243 9.A.13.a T-34-S, R-39-E; THENCE RUN NORTH ALONG THE WEST LINE OF THE EAST'/2 OF THE NE'/4 OF SECTION 26, T-34-S,R-39-E TO A POINT ON THE SOUTH LINE OF SECTION 14, T-34-S, R-39-E; THENCE EAST ALONG THE SOUTH LINE OF SECTIONS 14 AND 13, T-34 S, R-39-E TO THE S.E.CORNER OF THE S.W.'/4 OF THE S.W.'/4 OF SECTION 13, T-34-S, R-39-E; THENCE NORTH ALONG THE EAST LINE OF THE S.W.1/4 OF THE S.W.1/4 OF SECTION 13, T-34-S, R-39-E TO THE N.E. CORNER OF SAID S.W.1/4 OF THE S.W.1/4; THENCE EAST TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF TAYLOR DAIRY ROAD,;THENCE NORTH ALONG THE EAST RIGHT-OF-WAY LINE OF TAYLOR DAIRY ROAD TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF INDRIO ROAD; THENCE WEST ON THE SOUTH RIGHT-OF-WAY LINE OF INDRIO ROAD TO A POINT ON THE O WEST LINE OF SECTION 14, T-34-S, R-39-E; THENCE NORTH ALONG THE WEST LINE OF Z SECTIONS 14, 11, AND 2, T-34-S, R-39-E TO THE N. W. CORNER OF SECTION 2, T-34-S, m Cn R-39-E; THENCE WEST ALONG THE NORTH LINE OF SECTIONS 3, 4, AND 5, T-34-S, R- 2 39-E TO THE N.W.CORNER OF SECTION 5, T-34-S, R-39-E AND THE POINT OF BEGINNING. w PREPARED DATE: DECEMBER 28, 2006 r 00 r O N Cn w w r Q Page 6 of 6 Packet Pg. 244 9.A.14 ITEM NO. RES-2018-200 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - Treasure Coast Air Park Municipal Services Benefit Unit Notice of Intent 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 pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2019. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2019. 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 Treasure Coast Air Park Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. PREVIOUS ACTION: September 4, 2018 - Board granted permission to advertise this public hearing. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Treasure Coast Air Park Municipal Services Benefit Unit. COMMISSION ACTION: Packet Pg. 245 9.A.14 Coordination/Signatures -A\-Tv\a lz�k - ( A VA n We t, Public Works Directof klr- 018 anie sW're,,t, orney 10/1/2018 rk 5 er ee 1 ep County miAistrato 10/1/2018 Updated: 10/1/2018 10:27 AM by Kimberly Graham Page 2 Packet Pg. 246 9.A.14.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED TREASURE COAST AIRPARK MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Treasure Coast Airpark Municipal Services Benefit Unit (the "Treasure Coast Airpark MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed Treasure Coast Airpark MSBU (the "Project") in St. Lucie County (the "County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the Treasure Coast Airpark MSBU to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 Packet Pg. 247 9.A.14.a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad valorem tax bills issued in November, 2019, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the County within the proposed Treasure Coast Airpark MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed Treasure Coast Airpark MSBU. A description of the boundaries of the real property within the proposed Treasure Coast Airpark MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". The non -ad valorem assessments levied by the County within the Treasure Coast Airpark MSBU are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 Packet Pg. 248 9.A.14.a After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Cathy Townsend Commissioner Chris Dzadovsky Commissioner Anthony Bonna PASSED AND DULY ADOPTED this 16t" day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney 0 z m Cn IL Q U H v) w 0 0 N 00 r O N U) W W Page 3 of 5 Packet Pg. 249 9.A.14.a EXHIBIT A o z m PROOF OF PUBLICATION a a U H co W w a Page 4 of 5 Packet Pg. 250 9.A.14.a EXHIBIT B DESCRIPTION: TREASURE COAST AIRPARK MSBU 0 z m U) 2 a a tU H C0 Lu d' 0 0 N 00 O N U) W w Page 5 of 5 Packet Pg. 251 9.A.15 ITEM NO. RES-2018-201 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Coordinator MSBU Program DATE: 10/16/2018 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - Yates Road Municipal Services Benefit Unit Notice of Intent 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 pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the uniform method commencing in November, 2019. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2019. 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 Yates Road Municipal Services Benefit Unit to provide potable water and fire protection improvements to the parcels within the proposed boundary. PREVIOUS ACTION: September 4, 2018 - Board granted permission to advertise this public hearing. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board adoption of the Special Assessment Notice of Intent Resolution for the Yates Road Municipal Services Benefit Unit. COMMISSION ACTION: Packet Pg. 252 9.A.15 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 anie sWmclnty're,c� orney 10/1/2018 rk 5 er ee 1 ep County miAistrato 10/1/2018 Updated: 9/27/2018 12:44 PM by Kimberly Graham Page 2 Packet Pg. 253 9.A.15.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE PROPOSED YATES ROAD MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Yates Road Municipal Services Benefit Unit (the "Yates Road MSBU") to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Yates Road MSBU (the "Project") in St. Lucie County (the "County"); and WHEREAS, the Board, as the governing body of the County, intends to use the uniform method for collecting non -ad valorem special assessments levied within the Yates Road MSBU to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2019, in the same manner as provided for ad valorem taxes; and WHEREAS, on October 16, 2018, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 Packet Pg. 254 9.A.15.a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2019-2020 Fiscal Year and with the ad valorem tax bills issued in November, 2019, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the County within the proposed Yates Road MSBU to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Yates Road MSBU A description of the boundaries of the real property within the proposed Yates Road MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B" The non -ad valorem assessments levied by the County within the Yates Road MSBU are annual assessments which will continue from year to year until discontinued by the County. Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney or his designee is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 Packet Pg. 255 9.A.15.a After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Cathy Townsend Commissioner Chris Dzadovsky Commissioner Anthony Bonna PASSED AND DULY ADOPTED this 16t" day of October, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney m 0 LU 0 N co T" Co N (n w Ix Page 3 of 5 Packet Pg. 256 9.A.15.a EXHIBIT A PROOF OF PUBLICATION r O N O r O N ch w d' C O 7 O N N O O N N R wi r Q C N E t u R r Q Page 4 of 5 Packet Pg. 257 9.A.15.a EXHIBIT B DESCRIPTION: YATES ROAD MSBU A PARCEL OF LAND LYING WITHIN SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE EAST ALONG THE SOUTH LINE OF SAID SECTION 19, ON AN ASSUMED BEARING OF NORTH 89°59'50" EAST TO THE INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST RIGHT OF WAY LINE OF DAME ROAD; THENCE NORTH 00°38' 23" EAST A DISTANCE OF 44.50 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE N.S.L.R.W.C.D. CANAL NO. 39; THENCE NORTH 00°38'23"EAST ALONG THE EAST RIGHT OF WAY LINE OF DAME ROAD A DISTANCE OF 101.46 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00' 38'23" EAST ALONG THE EAST RIGHT OF WAY LINE OF DAME ROAD A DISTANCE OF 507.30 FEET; THENCE NORTH 89' 59'50" EAST DEPARTING SAID EAST RIGHT OF WAY LINE OF DAME ROAD A DISTANCE OF 130.40 FEET; THENCE NORTH 660 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE EAST ALONG SAID NORTH LINE A DISTANCE OF 540 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE SOUTH ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19 A DISTANCE OF 395 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 2 ACRES OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19; THENCE EAST 330 FEET ALONG THE NORTH LINE OF THE SOUTH 2 ACRES OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19 TO THE NORTHEAST CORNER OF THE AFOREMENTIONED SOUTH 2 ACRES; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTH 2 ACRES A DISTANCE OF 264 FEET TO THE SOUTHEAST CORNER OF SAID SOUTH 2 ACRES; THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTH 2 ACRES A DISTANCE OF 330 FEET; THENCE SOUTH 00°38'23"WEST TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE N.S.L.R.W.C.D. CANAL NO. 39; THENCE SOUTH 89°59'50" WEST ALONG THE NORTH RIGHT OF WAY LINE OF SAID CANAL NO. 39 TO A POINT LYING 263.42 FEET EAST OF THE EAST RIGHT OF WAY LINE OF DAME ROAD (AS MEASURED ALONG THE NORTH RIGHT OF WAY LINE OF CANAL NO. 39); THENCE NORTH 00' 38'23" EAST DEPARTING SAID NORTH RIGHT OF WAY LINE OF CANAL NO. 39 A DISTANCE OF 101.46 FEET; THENCE SOUTH 89°59'50"WEST A DISTANCE OF 263.42 FEET TO THE EAST RIGHT OF WAY LINE OF DAME ROAD AND THE POINT OF BEGINNING. LIIZY.Y_\Mm'V.10ia397_Vilk] LelamI&QAyi%vil. [ ]a 0416l:" SEPTEMBER 6, 2013 RON HARRIS COUNTY SURVEYOR Page 5 of 5 Packet Pg. 258