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Agenda Packet 06.20.2017
T. ®lI COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, June 20, 2017 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 1, Chairman CHRIS DZADOVSKY District No. 2, Vice -Chairman TOD MOWERY District No. 3 LINDA BARTZ District No. 4 FRANNIE HUTCHINSON 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 6115120175:09 PM Regular Meeting Tuesday, June 20, 2017 6:00 PM 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, June 20, 2017 6:00 PM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, June 06, 2017 5. PROCLAMATIONS APPROVAL A. Resolution proclaiming June 25 through July 1, 2017 as "National Mosquito Control Awareness Week" in St. Lucie County, Florida. 6. PUBLIC COMMENT (excluding Public Hearing items) 7. PRESENTATIONS A. 2017 United Way Golf Tournament Wrap -Up - Leslie Olson, St. Lucie County Planning & Development Director & Ron Parrish, St. Lucie County Public Safety Director 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 35 & 36 B. ADMINISTRATION 1. Scrivener Error Correction - Budget Resolution - Update Master Plan and Airport Layout Plan (ALP) Federal Aviation Administration (FAA) Board Acceptance of FAA Funding Staff recommends Board approval of this budget resolution to amend resolution No. 2017-91 due to a scrivener error and to correctly state the account string on resolution No. 2017-90. This revised budget resolution establishes the project funds for the FAA portion of the Update Master Plan and Airport Layout Plan project at the Treasure Coast International Airport. 3 1 P a g e Regular Meeting Tuesday, June 20, 2017 6:00 PM 2. Resolution to Authorize The St. Lucie County Commission To Participate In A Joint Meeting With The Indian River County Commission And The Martin County Commission To Discuss And Plan Matters Of Mutual Interest; And Providing For An Effective Date Staff recommends the Board accept the Resolution, set an effective date for the joint meeting and authorize the Chairman to sign the resolution. 3. Custom's Renovation Change Order No. 09 Add -On Staff recommends Board approval of Change Order No. 09 for the customs building renovation and authorization for the Chairman to sign documents as approved by the County Attorney. C. COUNTY ATTORNEY 1. Council on Aging of St. Lucie County, Inc. - First Amendment to 2014 Master Transit Agreement Staff recommends the Board approve the proposed First Amendment to the June 17, 2014 Master Transit Agreement with Council on Aging of St. Lucie, Inc., and authorize the Chairman to sign the First Amendment. 2. Professional Utilities Engineering Services - Termination of Continuing Contracts Staff recommends that the Board: Authorize staff to terminate the contracts of the six (6) firms approved on October 20, 2015 without cause by providing six (60) days prior written notice; and Authorize staff to advertise a Request for Quote (RFQ) for professional utilities engineering services - continuing contracts. 3. Resolution - Accepting a Conservation Easement and Preserve Area Monitoring and Management Plan from Noble Oaks Estates Staff recommends that the Board accept the Conservation Easement and Preserve Area Monitoring and Management Plan, authorize the Chairman to sign the Resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. 4. Resolution - Street Name Change - Sun Citrus Boulevard to Steel Boulevard Staff recommends that the Board approve the proposed name change of Sun Citrus Boulevard to Steel Boulevard, direct staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff and record the resolution in the public records of St. Lucie County, Florida. 5. Revocable License Agreement - River Park - 120 SE Selva Court - Parcel ID 3419-550- 0010-000-8 - Install fence in a Drainage/Utility Easement 4 1 P a g e Regular Meeting Tuesday, June 20, 2017 6:00 PM Staff recommends that the Board approve the revocable license agreement, authorize the Chairman to sign the agreement and direct Mr. and Mrs. Garcia to record the agreement in the public records of St. Lucie County, Florida. 6. Revocable License Agreement - River Park - 170 Princess Drive - Parcel ID 3419-520- 0031-000-8 - Install fence in Utility/Drainage Easement Staff recommends that the Board approve the revocable license agreement, authorize the Chairman to sign the agreement and direct Mr. Garrigan to record the agreement in the public records of St. Lucie County, Florida. 7. County Owned Tax Certificates - Permission to Initiate Tax Deed Application Process Staff recommends that the Board authorize staff to initiate Tax Deed Applications for all properties subject to a County Owned Tax Certificate two years or older which have an assessed value of $5,000.00 or more. 8. Interlocal Agreement between the City of Fort Pierce and St. Lucie County for the Lease of Office Space in the Fort Pierce Parking Garage Staff recommends that the Board approve the interlocal agreement and authorize the Chairman to sign the agreement. D. COMMUNITY SERVICES 1. Resolution - Donation from WellCare Health Plans, Inc. Staff recommends Board approval of the budget resolution and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Memorandum of Understanding with Florida Department of Health - Housing Opportunities for Persons with AIDS. Staff recommends Board approval of the MOU with the Florida Department of Health and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Florida Commission for the Transportation Disadvantaged FY18 Trip and Equipment Grant Staff recommends Board approval of the state FY18 Trip and Equipment grant, revised trip rate, application resolution and authorization for the Chairman to sign documents as approved by the County Attorney. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. 5 1 P a g E Regular Meeting Tuesday, June 20, 2017 6:00 PM G. HUMAN RESOURCES There are no items scheduled. H. INFORMATION TECHNOLOGY 1. Conduent Software License and Services Agreement Amendment No. 7 and Assignment of Contract to Approve Name Change from Xerox to Conduent Government Systems Effective April 1, 2017 Staff recommends Board approval of Conduent Software License and Services Agreement Amendment No. 7 for the improvements due to the Banner Employee Self Service and Finance Self Service Modules for the partial period from June 1, 2017 to October 31, 2017. These improvements will also be added to the first full Contract Year of November 1, 2017 to October 31, 2018. Staff also recommends the approval of the name change from Xerox to Conduent Goverment Systems on contract C93-10-263 effective April 1, 2017. Staff recommends authorization for the Chairman to sign documents as approved by the County Attorney. 2. Conduent Technical Currency Agreement Amendment No. 11 and Assignment of Contract to Approve Name Change from Xerox to Conduent Government Systems Effective April 1, 2017 Staff recommends Board approval of Conduent Technical Currency Agreement Amendment No. 11 for the technical support changes needed as a result of improvements to the Banner Employee Self Service and Finance Self Service Modules for the partial period from June 1, 2017 to October 31, 2017. These improvements will also be added to the first full Contract Year of November 1, 2017 to October 31, 2018. Staff also recommends the approval of the name change from Xerox to Conduent Government Systems on contract C93-10-263 effective April 1, 2017. Staff recommends authorization for the Chairman to sign documents as approved by the County Attorney. 3. Gartner, Inc Service Agreement Amendment No. 2 Staff recommends Board approval of Gartner, Inc Service Agreement Amendment No. 2 to modify the existing contract C16-09-389 to a new effective start date of 6/1/2017 with the new contract amount requiring a payment of $44,773.00 and authorization for the Chairman to sign documents as approved by the County Attorney. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET 1. Removal of Fixed Assets from Inventory Staff recommends Board authorization to remove fixed assets as reflected on the attached property inventory lists from the capital asset inventories of St. Lucie County 6 1 P a g e Regular Meeting Tuesday, June 20, 2017 6:00 PM Board of County Commissioners, St. Lucie County Clerk of Court, St. Lucie County Property Appraiser, St. Lucie County Supervisor of Elections and St. Lucie County Tax Collector. K. PARKS, RECREATION & FACILITIES 1. Savannas Recreation Area Lease Agreement - Mobile Home Space Staff recommends Board approval of a new lease agreement with Tad Lindstadt for space for a mobile home on the Savannas Recreation Area property as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Waiver for Civil War Re -Enactment - 2017 Staff recommends Board authorization to waive $1,200.00 in open space rental fees for the 2017 Raid on Ft. Pierce Civil War Re -Enactment to be held at the Savannas Recreation Area as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Waiver for 35th Annual Chili Cook Off Staff recommends Board approval to waive the facility rental fee of $9,750.00 as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. 4. Waiver for 2017 Back to School Expo Staff recommends Board approval to waive the facility rental Fee of $3,345.00 as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. 5. Award of Bid No. 17-033, St. Lucie County Sheriff's Administration Parking Lot Light Replacement Staff recommends Board approval to award Bid No. 17-033 to Imperial Electrical Inc., the lowest responsive and responsible bidder in the amount of $64,700.00 to complete the Parking Lot Light Replacement for the St. Lucie County Sheriff's Administration project, and authorization for the Chairman to sign documents as approved by the County Attorney. L. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. M. PUBLIC SAFETY There are no items scheduled. N. PUBLIC WORKS 71 Regular Meeting Tuesday, June 20, 2017 6:00 PM 1. Juanita Avenue Sidewalk (41st Street to Sheraton Plaza) - Accept Project and Approve Final Payment Staff recommends Board acceptance of the Juanita Avenue Sidewalk (415t Street to Sheraton Plaza) and approval of final payment. 2. South FFA Road at North St. Lucie River Water Control District (NSLRWCD) Canal 49 Cured -In -Place Pipe Liner Project - Accept Project and Approve Final Payment Staff recommends Board approval of the South FFA Road at North St. Lucie River Water Control District (NSLRWCD) Canal 49 Cured -In -Place Pipe Liner project and approval of final payment. 3. Savannah Club RaceTrac Staff recommends Board release the Road Improvement Agreement surety in the amount of $52,718.55, retain $9,304.45 (representing 15% of the total) and enter into a maintenance agreement for a period of one-year and 30-days as cited in the Road Improvement Agreement. O. SHERIFF'S OFFICE There are no items scheduled. P. SOLID WASTE There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. R. TRANSPORTATION PLANNING ORGANIZATION 1. Approval of Federal Metropolitan Planning Grant Funding for FY 16/17 Staff recommends Board approval of budget resolution in the amount of $35,000.00 to amend the county budget for receipt of PL funds on behalf of the St. Lucie Transportation Planning Organization (TPO). S. UTILITIES There are no items scheduled. T. ST. LUCIE COUNTY WATER & SEWER DISTRICT 1. Design of a Water Main Loop - US1 Corridor Staff recommends Board approval and authorization for the Chairman to execute CDM Smith Work Authorization #11 for professional engineering services as outlined in the 8 1 P a g e Regular Meeting Tuesday, June 20, 2017 6:00 PM attached scope needed for the installation of a 12" potable water main extension in the US1 Corridor in an amount not to exceed $174,720.00. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance - Amending Airport Overlay Zone Staff recommends the Board adopt the proposed ordinance as drafted. 2. Proposed Ordinance Regulating Commercial Composting Facilities This is the first of two public hearings. Staff recommends the Board approve a second hearing on July 5, 2017 to hear the proposed draft ordinance. 10. REGULAR AGENDA Ie�e 1105lhlF-1ffit9[Q 1L 1. Resolution Of The St. Lucie County Board Of County Commissioners To Authorize Staff To Work Through The Treasure Coast Council Of Local Governments To Support And Promote Home Rule Authority. Staff recommends that the Board of County Commissioners adopt the attached resolution to direct staff to work with the members of the Treasure Coast Council of Local Governments to promote and defend the home rule authority of local governments. B. COUNTY ATTORNEY 1. Solid Waste Preliminary Assessment Resolution Staff recommends that the Board adopt the Solid Waste Preliminary Assessment Resolution and authorize the Chairman to sign the resolution. 11. ANNOUNCEMENTS A. County offices will be closed on Tuesday, July 4, 2017 to observe the Fourth of July holiday. B. The Board of County Commissioners will hold a Regular Meeting on Wednesday, July 5th at 6 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. The Board of County Commissioners will hold an Informal Meeting on Tuesday, July 11th at 9 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 9 1 P a g e Regular Meeting Tuesday, June 20, 2017 6:00 PM D. The Board of County Commissioners will hold a Regular Meeting on Tuesday, July 18th at 9 a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN 10 1 4.A S■TkaL■(di 1 E COUNTY F L O R r D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting June 6, 2017 Convened: 6:00 PM Adjourned: 8:46 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 1, Chairman Chris Dzadovsky Attendee Name Chris Dzadovsky District No. 1, Chairman District No. 2, Vice -Chairman District No. 3 District No. 4 District No. 5 Administrator Arrived 6:00 PM Present Tod Mowery Present 6:00 PM Linda Bartz Present 6:00 PM Frannie Hutchinson Present 6:00 PM Cathy Townsend Present 6:00 PM Howard Tipton Present Present 6:00 PM 6:00 PM Mark Satterlee Deputy Administrator Daniel S. McIntyre County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Don West Public Works Director Present 6:00 PM Beth Ryder Community Services Director Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Ceretha Leon Human Resources Director Present 6:00 PM Ron Parrish Public Safety Director Present 6:00 PM Melissa Upton Clerk to the Board Present 6:00 PM 2 3. INVOCATION PLEDGE OF ALLEGIANCE W Z W O J O W a a a Generated 611212017 8:38 AM Packet Pg. 11 4.A Regular Meeting Tuesday, June 6, 2017 6:00 PM 9 5 C-1 APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, May 16, 2017 RESULT: ACCEPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Tod Mowery, District No. 2, Vice -Chairman AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend PROCLAMATIONS APPROVAL There are no items scheduled. PUBLIC COMMENT Chairman Dzadovsky explained the items that were pulled from the agenda. He stated the public could address the Board on these items during this section of the meeting. He urged citizens concerned about the topic of biosolids or the Sunbreak Farms permit to contact FDEP and state legislature. Commissioner Mowery clarified that the compost ordinance amendment to be heard on June 20th is separate from the Sunbreak Farms topic. Mike Ketchpaw, St Lucie County Resident - Mr. Ketchpaw indicated he is a member of the Experimental Aircraft Association located at the Treasure Coast International Airport. He spoke about his organization and the Young Eagles Program. Mr. Ketchpaw explained the courses offered by the program and indicated that over the past 25 years over 2375 children have been able to fly at no cost. He asked the Board to consider assisting the group with funding to replace the deteriorating roof on their hangar. Chairman Dzadovsky thanked Mr. Ketchpaw and indicated that request could not be considered by the Board during the current meeting. He asked Mr. Ketchpaw to reach out to administrative staff with his request. Commissioner Townsend asked for a contact number for anyone interested in the Young Eagles Program. Mr. Ketchpaw indicated he can be reached directly at 772-766-6957. Ed Fry, 1816 Hazelwood Dr. Fort Pierce - Mr. Fry indicated he is also a member of the EAA. He spoke in support of the request for repairs to the hangar and provided an estimate of $25,000 for the work. He noted the airport budget for fiscal year ending September 30, 2016 had a balance $2.261 million. Chairman Dzadovsky indicated the county was looking to build a hangar for an MRO facility. Richard Silvestri, 5708 Buchanon Dr. Fort Pierce - Mr. Buchanon acknowledge the County Administrator's comments about Memorial Day. He also emphasized the importance of recognizing the 73rd anniversary of D-Day or the invasion of Normandy. Pete Tesch, St Lucie County Resident - Mr. Tesch identified himself as the President of the Economic Development Council of St Lucie County. He thanked the Board for the opportunity to present the resolution related to assistance and incentives for Maverick Boat Group. He spoke w z w 0 J Q 0 a a Q 2 1 P a g e Packet Pg. 12 Regular Meeting Tuesday, June 6, 2017 6:00 PM 4.A about the positive impacts the manufacturer's expansion will have on the county. Mr. Tesch indicated the resolution contains language related to the clearing of a county -own easement, relief from sidewalk improvement and assistance in applying for the ten year ad valorem tax exemption. He commended county staff for their expedited response to the project. He stated the CEO of Maverick Boat Group, Scott Deal was present to answer any additional questions. Chairman Dzadovsky clarified that the sidewalk improvement relief was only because FDOT is expected to widen that road and add sidewalks in the future. Diane Goldberg, St Lucie County Resident - Ms. Goldberg indicated she was representing the Lakelas Chapter of the Florida Native Plant Society in St Lucie County and addressed the Board regarding the compost facility ordinance. She stated that the trucks carrying the compost and biosolids will be closed trucks. She emphasized the importance of farms utilizing biosolids follow maximum per acre guidelines. She stated the need to have "double A" rated biosolids and regulations regarding the maximum numbers of times to be used. Ms. Goldberg also spoke about the possible impact on local waterways. The following residents addressed the Board regarding the Sunbreak Farms' biosolid farming application to FDEP: Chairman Dzadovsky stated the comments made tonight would be sent to the FDEP and the state as part of their comment period. He reiterated that St Lucie County is not hearing this item at this time because an application has not been submitted to the county for consideration. Carol Anderson, 7228 Maidstone Dr. Port St Lucie, Ms. Anderson thanked county staff for their time and consideration of the topic of biosolids. She indicated the draft ordinance contains 90% of the requests made by constituents. She expressed additional concerns related to the use of biosolids in the communities west of 1-95. Ms. Anderson expressed her concerns regarding the application by Sunbreak Farms and the potential dangers of their biosolid use. She indicated she will submit her statement and images of the protected watersheds to county staff. Alan Norsworthy, 10137 Spyglass Ln. Port St Lucie - Mr. Norsworthy addressed the Board regarding his concerns related to the Sunbreak Farms application. He discussed the proposed uses of the crops grown with biosolids on the farm and the potential negative effects on the local ecosystem and waterways. Mr. Norsworthy also spoke about the presence of legal and illegal drugs in biosolids and provided documentation to the Board. Julie Norsworthy, 10137 Spyglass Ln. Port St Lucie - Ms. Norsworthy thanked the Board for the opportunity to voice their concerns and staff for their work related to the item. She discussed the open-air biosolids composting by Compost USA in the city of Santos and the permitting process related to that situation. Ms. Norsworthy discussed the complaints from the nursery adjacent to the property and her concerns that this situation is ongoing despite regulations. She reiterated her concerns on the possible damages to waterways, neighborhoods, businesses, farms and real estate. Charles Grande, Hutchinson Island Resident - Mr. Grande spoke about the agricultural use of fireworks and the process to control them in the state. He compared this process to the processing of commercial and industrial waste and biosolids on a property for farming. He spoke about the negative of effects of these materials ending up in local waters. Mr. Grande recommended treating compost like yard waste or biological waste and to not allow biosolids into the composting process. w z 0 J Q 0 a a Q 3 1 P a g e Packet Pg. 13 Regular Meeting Tuesday, June 6, 2017 6:00 PM 4.A Paul Laura, St Lucie County Resident - Mr. Laura identified himself as the chairman of the Treasure Coast Democratic Environmental Caucus. He discussed the importance of considering the metrics related to the spread of biosolids and its effects. He expressed concern regarding the location of the farm near sensitive watershed. Mr. Laura also spoke about the necessity of monitoring by the county to ensure the process meets regulations and the location of the farm in regards to possible environmental impacts. He indicated the negative health links related to blue-green algae and the designation of Martin County as a cancer -cluster. Adam Locke, 5655 S Indian River Dr. Fort Pierce - Mr. Locke addressed the Board regarding the health and maintenance of the Indian River Lagoon. He spoke about his own observation of the negative impacts as a resident living on the river. He emphasized the need to protect the water of St Lucie County and urged the Board to send that message to FDEP. Jerry Buechler, 1719 SW Leafy Rd. Port St Lucie - Mr. Buechler indicated he was also a member of the Treasure Coast Democratic Environmental Caucus. He spoke about the size of the property in questions, noting it would be 10 square miles. He stated Sunbreak Farms will be utilizing twice as much Class B solid waste material as compared to other current facilities. Mr. Buechler expressed his concerns over the open-air processing of these materials and the possible economic impacts. He urged the Board to appeal to state leadership to address this topic and reform the statute. He discussed the impact of the high levels of nitrogen in biosolids. r�a:T1.111►1If-AN Ius] 0161 A. Hurricane Season Kick -Off - Ron Parrish, St. Lucie County Public Safety Director Ron Parrish, the County Public Safety Director and Gustavo Vilchez the Emergency Operations Manager presented the 2017 Hurricane Season Kick -Off. Mr. Vilchez discussed the 2017 hurricane season outlook and the project number and severity of storms. He explained the difference between a watch and warning and presented the new National Hurricane Center storm surge, flood, and wind speed prediction maps. Mr. Vilchez concluded with a seasonal forecast reminder of potentially strong storms. Mr. Parrish continued the presentation by detailing the major efforts to prepare for the hurricane season at the Emergency Operations Center; updates to technology, new resources and personnel, continued plan development, conducting stakeholder meetings, implementation of training and exercise, and community outreach efforts. Mr. Parrish also explained the Alert St Lucie Database and how residents can register to receive notifications from the county regarding emergencies at www.stlucieco.gov/alert. He detailed the registration process for the special needs registry and emphasized the importance of doing so for residents who qualify. He stated the public information line 772-460-HELP only activates during an emergency and directed the public to stlucieco.gov/eoc for information related to planning, preparedness and other resource information. Mr. Parrish concluded by emphasizing the importance of "prepare, plan and stay informed". 4 1 P a g e Packet Pg. 14 4.A Regular Meeting Tuesday, June 6, 2017 6:00 PM 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend A. WARRANTS 1. Warrant Lists 32, 33 & 34 in w z_ B. ADMINISTRATION U_ w O 1. Budget Resolution - Stormwater Pollution Prevention Plan O 2. Appointment to the Fort Pierce Wastewater Treatment Plant Ad -Hoc Working a- Committee Q 3. Commissioner Chris Dzadovsky's Appointment to the Housing Finance Authority C. COUNTY ATTORNEY 1. Memorandum of Agreement - Florida Department of Health in St. Lucie County and the St. Lucie County Sheriff 2. Permission to Advertise - Ordinance Amending Affordable Housing Advisory Committee Membership 3. Revocable License Agreement - River Park - 220 SE Camino Street - Parcel ID 3419-515- 0223-000-5 - Install fence in a Drainage/Utility Easement 4. Revocable License Agreement - Spanish Lakes Boulevard - Two Signs for Spanish Lakes Fairways 5. Resolution - 25' Drainage Easement - 1401 North 2nd Street - Parcel ID 2403-242-0002- 000-1 6. Surplus Property - Transfer to City of Fort Pierce 7. Resolution - Acceptance of Upland Area Monitoring and Management Plan and Addendum #1 for The Reserve 8. Request to void the Order Continuing the Demolition of 3107 Anderson Street, Fort Pierce 5 1 P a g e Packet Pg. 15 4.A Regular Meeting Tuesday, June 6, 2017 6:00 PM 9. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense Fund 10. Resolution - Economic Development Incentives - Maverick Boat Group, Inc. D. COMMUNITY SERVICES 1. Resolution - Hurricane Loss Mitigation Program (HLMP) 2. Resolution - Florida Department of Transportation (FDOT) 5310 - Capital Vehicle Purchase w 3. Resolution - Florida Department of Transportation (FDOT) 5310 - Direct Connect After Z Hours Transportation w O E. COURT ADMINISTRATION Q There are no items scheduled. W o: a a F. ENVIRONMENTAL RESOURCES a There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. INFORMATION TECHNOLOGY There are no items scheduled. I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. J. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. K. PARKS, RECREATION & FACILITIES 1. SLC Sheriff's Summer Swimming Event L. PLANNING & DEVELOPMENT SERVICES 1. Resolution - Budget Resolution - Department of Economic Opportunity (DEO) Fisherman's Wharf Transition Zone Grant 2. Silver Oaks Development Agreement Permission to Advertise 6 1 P a g e Packet Pg. 16 4.A Regular Meeting Tuesday, June 6, 2017 6:00 PM M. PUBLIC SAFETY N. M There are no items scheduled. PUBLIC WORKS 1. Paradise Park Final Phase (System 1) Stormwater Design Services - First Amendment to C14-11-666 Work Authorization No. 01 2. North 2nd Street Change Order No. 23 and Change Order No. 24 with Mancil's Tractor Service, Inc. w 3. Resolution - Fisherman's Wharf - Boat Ramp Design FWC Grant D z 4. Verada Ditch Phase 4 Permanent Repairs - Second Amendment to Work Authorization 0 No. 41 Q 5. Resolution - Kings Highway at Indrio Rd Improvements Joint Participation Agreement W (JPA) Amendment No. 1 a- Q 6. Resolution - Fra Mar/Wagner Municipal Services Benefit Unit (MSBU) a 7. County Engineer Position 0 to SHERIFF'S OFFICE r cm co There are no items scheduled. There are no items scheduled. Q. SUPERVISOR OF ELECTIONS There are no items scheduled. �:7e�►��1�I:i�e�i[�I►i]we�►li•I1►[��I:Z�1e�►1f�_��[�PI There are no items scheduled. S. UTILITIES There are no items scheduled. 9. PUBLIC HEARINGS le��1�1�1 � �'1 <et t ��1.� ► l�'1 7 1 P a g e Packet Pg. 17 Regular Meeting Tuesday, June 6, 2017 6:00 PM 4.A 1. Ordinance - Reauthorizing the Levy for the Local Option Fuel Tax The County Attorney presented this item for an ordinance to re -levy the local option fuel tax. He explained the county has adopted a local option fuel tax since 1986 which has been affected by changes to state law authorization. He noted the current law authorizes a total of 11 cents. The county previously adopted the five cent and six cent local option fuel tax. The County Attorney explained that levy expires on December 31, 2017. The draft ordinance, if adopted, would reauthorize the levy of this tax from January 1, 2018 through December 31, 2019. Staff indicated the draft ordinance provides for a six cent local option fuel tax that will be distributed to the county and the cities and used for transportation expenditures. He continued that proceeds from the five cent local option fuel tax may only be used for transportation expenditures needed to meet the requirements of the capital improvement element of an adopted comprehensive plan or for expenditures needed to meet immediate transportation problems and for other transportation related expenditures that are critical for building comprehensive roadway networks. Staff stated the six cent local option fuel tax would be levied upon every gallon of motor fuel and diesel fuel sold in the county and can be extended by a majority vote of the Board. The five cent local option fuel tax would be levied on motor fuel sold in the county and can be levied by an ordinance adopted by a majority plus one of the Board (at least 4 out of 5 commissioners). The Board granted permission to advertise the draft ordinance on May 16, 2017 and notice of the public hearing was published in the Tribune on May 25, 2017. Staff recommended approval of the ordinance. There were no comments from the public for this item. RESULT: ADOPTED [4 TO 11 MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3 AYES: Chris Dzadovsky, Tod Mowery, Linda Bartz, Cathy Townsend NAYS: Frannie Hutchinson 2. Ordinance - Amending Airport Overlay Zone The County Attorney presented this item for the first public hearing for an ordinance to amend the airport overlay zone. He indicated no action is required at this first hearing. The County Attorney explained a law was passed by state legislature that required all local governments must adopt airport protection zoning regulations. Staff indicated the county has had those regulations since 1990. However, there are newly required amendments that require the county to amend the ordinance. The County Attorney continued that the proposed ordinance will amend the Land Development Code to add certain definitions and guidelines will be added to provide a visual representation of the airport services and add use restrictions. The proposed ordinance incorporates the new requirement for FAA and FDOT review of permits related to new or existing structures which would constitute an obstruction in an airport hazard area. He stated permits would not be issued if the proposed action would increase the hazard. The county would retain the ability to review the permits and approve or deny them based on a list in w F- D z LL 0 J 0 W a a a 8 1 P a g e Packet Pg. 18 Regular Meeting Tuesday, June 6, 2017 6:00 PM 4.A of factors. Staff indicated the amendments were drafted to meet the state law requirements. Notice of the public hearing was published in the News Tribune on May 22, 2017. He noted the Planning and Zoning Commission held a public hearing on the item and voted 8-0 to recommend the Board approve the ordinance. The second public hearing is scheduled for June 20, 2017 at 6pm. RESULT: 1ST READING APPROVED Next: 6/20/2017 6:00 PM 3. Ordinance - Amendments to Wireless Telecommunications Towers and Antennas Ordinance This item was withdrawn prior to the meeting. RESULT: WITHDRAWN z U- 4. Proposed Ordinance Regulating Commercial Composting Facilities 0 J This item was withdrawn prior to the meeting. The item has been rescheduled for the o June 20, 2017 meeting at 6pm. a RESULT: WITHDRAWN Q B. PLANNING & DEVELOPMENT SERVICES 1. Ordinance Amending Libraries Impact Fees The Comprehensive Planning Coordinator presented the ordinance for the required 5 year update to the libraries impact fees, park impact fees law enforcement impact fees and public buildings impact fees. Items 9.13.1, 9.13.2, 9.13.3 and 9.13.4 were presented at this time. She explained the previous action on the item including the first public hearing held on April 4, 2017 and Planning and Development Services Department informational workshop on May 2, 2017 hosted by the Realtors Association including representatives of the St. Lucie Chamber of Commerce and the Treasure Coast Builders Association. Staff indicated at that workshop there were no concerns raised by those members. Staff recommended the Board adopt the proposed ordinances as drafted. The Comprehensive Planning Coordinator indicated each agenda item will need to be opened and closed to be voted on. There were no comments from the public for this item. RESULT: ADOPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3 SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 2. Ordinances - Amending Parks Impact Fees Items 9.13.1, 9.13.2, 9.13.3 and 9.13.4 were presented at the same time. Chairman Dzadovsky opened each item for comment from the public and asked for separate votes from the Board. There were no comments from the public for this item. 9 1 P a g e Packet Pg. 19 Regular Meeting Tuesday, June 6, 2017 6:00 PM 4.A RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 3. Ordinance - Amending Law Enforcement Impact Fees Items 9.13.1, 9.13.2, 9.13.3 and 9.13.4 were presented at the same time. Chairman Dzadovsky opened each item for comment from the public and asked for separate votes from the Board. There were no comments from the public for this item. RESULT: ADOPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3 SECONDER: Tod Mowery, District No. 2, Vice -Chairman AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 4. Ordinance - Amending Public Buildings Impact Fees Items 9.13.1, 9.13.2, 9.13.3 and 9.13.4 were presented at the same time. Chairman Dzadovsky opened each item for comment from the public and asked for separate votes from the Board. There were no comments from the public for this item. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 5. Ravinia Future Land Use Map Amendment The County Planning Manager presented this item for the petition for a future land use map amendment from residential suburban to residential urban for 50.29 acres located just south of West Midway Road. She also presented preliminary and final PUD approval for a project to be known as Ravinia PUD. Staff gave background information on the item, including previous action in 2006 and 2009. Staff presented a map of the site overview and surrounding boundaries. The County Planning Manager continued that this future land use petition is a legislative action, is a quasi-judicial item and requires public notice. On May 26 Local Planning Agency recommended denial of the future land use amendment by a vote of 4 to 3, and denial of the PUD by a vote of 6 to 1. She indicated at that hearing property owners spoke in opposition and their primary concerns were traffic on Christensen Road, density, buffers and protection of natural resources. Staff explained that on April 4, the public hearing for the future land use amendment was held and the Board voted 4 to 1 to transmit the item to the state. The Department of Economic Opportunity and four other agencies responded with no comments, recommendations or objections. She continued that since that meeting, the applicant has met with residents who had concerns and modified their plans to address those 10 1 Pape Packet Pg. 20 Regular Meeting Tuesday, June 6, 2017 6:00 PM 4.A concerns. Staff noted the changes to limit Christensen Road to emergency access only and add an emergency easement south of the canal on Christensen Road. The County Planning Manager presented maps of the site location and surrounding areas. Staff also explained the proposed future land use amendment with will allow an additional 30 units in the Ravinia PUD. She noted adjacent future land use designations within the unincorporated county are RS or RU, which are similar to what is being proposed. RS allows a maximum of 2 units per acre and RU allows 5 units per acre. She explained that the the City of Port St Lucie RL low density future land use allows a maximum of 5 residential units per acre and the proposed RU future land use designation would be consistent with the surrounding neighborhood and non-residential existing uses. The County Planning Manager continued that the amendment lands are currently zoned PUD from the prior approval in 2006. If the current future land use amendment is approved, the proposed Ravinia PUD may be approved which would result in amending the zoning district to incorporate the new site plan. She explained that prior to approval of the proposed PUD the future land use amendment is needed. Staff explained the proposed RU future land use would allow up to 271 units on the subject 54.19 acre tract. On April 4 the Board approved the Ravinia Future Land Use Amendment for transmittal to the state to be reviewed under Chapter 163 Florida statues. The Department of Economic Opportunity and four other reviewing agencies responded with no objections, recommendations or comments. The Board indicated it could take final action on this proposed amendment at the current meeting. The County Planning Manager presented the purpose and intent of the project, explaining the proposed PUD consists of a two -phased residential community with two native habitats preserves, two lakes, and a .90-acre active recreational area. The preserves, open space and recreational areas represent 53.2% of the subject site. She noted the project's entrance is located on West Midway Road, with an emergency access road connection to Christensen Road north of the canal. The Engineering Department also requested a proposed emergency access easement to Christensen Road south of the canal. Sidewalks and pedestrian paths will be provided throughout the site and will connect to a sidewalk system along West Midway Road. She included other important characters of the site: Density is 2.77 units per acre as proposed, preserves cover 25% of the existing native habitat, the project maintains existing vegetation supplemented with native vegetation to be added later to buffer adjacent properties, provides 2 emergency access points to Christensen Road, and the site will provide an extension of Port St Lucie water and wastewater services to the site via Rainbow Drive. Staff concluded the proposed future land use change to be consistent with the county's Comprehensive Plan and the Land Development Code. The increase in density promotes the efficient use of existing public infrastructure and the reduction of vehicle miles traveled by locating this housing in close proximity of services such as shopping, school and work centers. She stated that with the recommended conditions of approval the PUD is consistent with the standards of review set forth in section 7.01.01 and staff therefore recommended approval of the proposal subject to the following: Receipts of the final signed and sealed plans; inclusion of a condition of approval requiring the Preliminary Plat prior to Final Plat approval and the updated site plan dated May 24. w D z LL 0 J 0 a a a 111 P a g Packet Pg. 21 Regular Meeting Tuesday, June 6, 2017 6:00 PM 4.A Staff recommends the Board of County Commissions approve both petitions, in separate hearings. The County Attorney indicated the first item is the plan amendment and is legislative and will not require disclosures. He stated the second item is a re -zone site plan and is Quasi -Judicial and would require the Board to make their disclosures. Chairman Dzadovsky opened the hearing to the public at this time: Robert Swain, 2889 Rainbow Dr. Fort Pierce - Mr. Swain indicated his property abuts the proposed site. He explained his concern with changing the zoning to RS which allows 5 units per acre. Mr. Swain stated there are no houses with 40' lots in the area and expressed his concern with the removal of the wooded area near his home. Rebecca Rivas 3191 Daniels St. Fort Pierce - Ms. Rivas asked what the proposed lot sizes would be. The County Planning Manager answered the lots would be 40 feet wide and 110 feet deep. Ms. Rivas stated the surrounding neighborhood homes have at least 1/3 of an acre to 1/2 acre per home. She asked staff about the possibility of 271 units. The County Planning Manager indicated that number would be the maximum number, however it is not what is being proposed by the development. Ms. Rivas asked if that could be changed later. The County Planning Manager stated the future land use is separate from the site plan and the PUD is tied to the site plan. She stated that it could be changed later. Ms. Rivas indicated the development will need an ingress/egress onto Midway Road and explained the potentially dangerous traffic situation at the intersection. Ronna Perry, 5080 West Virginia Dr. Fort Pierce - Ms. Perry indicated she supported the emergency only road and asked how that would be enforced. She expressed concern that the development may turn that emergency road into another access point. She spoke about current issues with vehicles damaging the neighborhood. Ms. Perry also indicated her concern regarding environmental damages by the density of homes in the development. She discussed the potential increased traffic into her neighborhood by residents needing to turn around. To address Ms. Perry's questions the County Planning Manager provided a map of the surround land uses. She indicated the RL of Port St Lucie designation was also 5 units per acre, consistent with the RU designation of the county. She stated staff finds the designation consistent with the area. She also stated the emergency access roadway would only be accessible by emergency personnel via a knox box. The County Planning Manager addressed additional concerns, indicating street lights have been moved at the request of residents. Toby Overdorf, Vice President of Engineering, Design and Construction addressed the Board on behalf of the applicant. He thanked county staff for their assistance. Mr. Overdorf presented the changes from the 2006 site plan to the updated site plan for approval. He discussed the concerns raised by the public including: w z w 0 J 0 a a a 12 1 Packet Pg. 22 Regular Meeting Tuesday, June 6, 2017 6:00 PM 4.A • Resident drivers exiting left onto Midway • Christensen Road Exit from development • Drainage from Ravinia onto West Virginia • Gopher tortoise/preserve management • Concern associated with utility resources • Home value reduction • Density concerns Since that time there was a public meeting with neighbors on May 18 and with the commissioners on May 23. Mr. Overdorf presented the updated site plan after public input and detailed the changes. This included the secured emergency access only to Christensen Road and there would be additional public hearings to change that designation. He discussed the maximum 271 units and indicated to change from the current proposed plan the PUD would have to be modified and therefore more public hearings would be required. Chairman Dzadovsky asked if there was an accident on Midway Road, how residents would exit the property. Mr. Overdorf answered that he would expect St Lucie County Fire Rescue to handle that situation. He stated the emergency access road is not planned for resident access to the property. Mr. Overdorf continued by explaining the traffic pattern for residents exiting the property onto Midway and indicated the current proposal follows the preferred method by DOT. He stated a left turn has been added to go into the development and therefore would not allow for a left turn going out of the development. He addressed the drainage concerns stating that it may be improved as some of the drainage from the West Virginia neighborhood will be directed through the development. He stated the vegetation to the east will be enhanced and will not remove any native vegetation except if it lies in the utility easement off Rainbow. Mr. Overdorf indicated any gopher tortoises will be removed by a state certified agent and the light polls were moved away from the property line. He addressed the density concerns by stating the site is proposing 2.77 units per acre with an average lot size of 5100 square feet. He stated 96% of lots are on lakes, preserve, recreation center and buffers and 53.2% of the site is open space. Mr. Overdorf presented images of the product type that will be in the development and a market value comparison of the development and the surrounding neighborhood. Commissioner Townsend reiterated Mr. Swain's concerns regarding the buffer from the development to Rainbow Drive. Mr. Overdorf presented a map of the area and indicated existing vegetation will remain as well as a 20 foot buffer. Commissioner Townsend asked for the acreage total of the surrounding streets. The County Planning Manager answered Rainbow Dr is 11.39 acres, Grey Twig Twelve Oaks is 9.63 acres, Lucy Lane is 9.7, and Christensen Road north of the canal is 9.8 acres. Commissioner Mowery asked about the 50 acre piece of land south of the canal and if staff considered keeping the same land use in place for that portion. He stated there are no adjacent areas with an RU designation. in w z 0 J a 0 a a a 13 1 Page Packet Pg. 23 Regular Meeting Tuesday, June 6, 2017 6:00 PM 4.A Chairman Dzadovsky clarified the question to keep the RU south of the canal the same as the RS on either side of the parcel. He asked if there was a unity of title issue or part of the PUD requirement that would leave that property to the south as RS while maintaining RU to the north. The County Planning Manager stated she was unaware of any issues that would prevent the split land use. She added the county would not have to resubmit the request to the state because it would be less density. Mr. Overdorf stated the area south of the canal would only be 30 acres with 88 proposed units. He clarified the site would be 50 acres total. The County Planning Manager and Mr. Overdorf clarified the size of the proposed site. Commissioner Mowery confirmed RS would be 2 units per acre and RU would be 5 units per acre. Chairman Dzadovsky stated the proposed density would be 2.77 and therefore above the RS designation. Chairman Dzadovsky closed the public hearing at this time. Commissioner Hutchinson asked if questions regarding the traffic concerns should be asked during the next item for the PUD. Staff confirmed that would be the correct time. Commissioner Hutchinson asked if this item was approved along with the PUD, the current proposed density would be locked in. The County Planning Manager confirmed that and corrected her earlier comments regarding any changes. She stated anything over or above the current proposal would require a rezone with new public hearings. Commissioner Townsend confirmed that the public comment regarding that issue had been addressed. Commissioner Hutchinson indicated she would vote in support of this item but has concerns with the next item. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 6. Ravinia Preliminary and Final Development Plan Approval and Amendment to the Ravinia PUD Zoning District The County Planning Manager indicated this item was presented along with Item 9.13.6. Chairman Dzadovsky indicated the Board would like to have a conversation regarding the conditions of approval. The Quasi -Judicial hearing disclosures were made at this time: Commissioner Hutchinson indicated she spoke with staff, the applicant and several residents. Commissioner Townsend indicated she spoke with staff and the applicant. Commissioner Bartz indicated she spoke with staff and the applicant. Commissioner Mowery indicated he spoke with staff and the applicant. w z 0 J 0 a a a 14 1 P a g e Packet Pg. 24 Regular Meeting Tuesday, June 6, 2017 6:00 PM 4.A Chairman Dzadovsky indicated he spoke with staff and the applicant and reviewed comments from residents. The County Planning Manager continued by covering the added conditions: inclusion of a condition of approval requiring the Preliminary Plat prior to Final Plat approval and the updated site plan dated May 24. She added this would also include the previous conditions of approval. Commissioner Hutchinson asked if there was a discussion regarding traffic studies once the work on Midway Road is complete. She stated the true numbers are hard to determine at this time and suggested a review of the traffic count in 5 years or at the completion of the build -out. She indicated a red light may be required at the intersection of Christensen and Midway. The County Planning Manager stated that would be a reasonable request to add as a condition of approval. Commissioner Mowery stated there would not be any additional activity at that intersection because the road would be emergency access only and therefore a traffic study would not be relevant. He expressed concern over the cost of 2 separate gates on that access road. He added that the county would need to consider the amount of additional traffic generated by 150 units in relation to the high cost of a traffic signal. Mr. Perry, a representative of the applicant addressed the Board. He stated a traffic study indicated a left turn lane from Midway Road into the development would be warranted and would eliminate concerns from Christensen Road residents. There were no comments from the public for this item. Commissioner Mowery indicated he does not have an issue with the total number of units but the lot size of 40 feet is not standard in the county. He discussed his conversations with the applicant to create 50 foot wide lots on Ashlyn Circle as an amendment to the site plan. He stated that would eliminate 2 to 3 units and felt that created a better buffer to Rainbow Drive. He reiterated the concerns regarding extensive efforts to improve the emergency access road that cannot be driven on by residents. Commissioner Mowery stated that he believed that roadway would be opened when Christensen is improved in the future. Commissioner Hutchinson asked if once the development is turned over to an HOA, would the residents be able to ask the county to open the emergency access road for public use. The County Planning Manager indicated the material for the emergency access would only create a stabilized access point to sustain emergency vehicles and not a full road. She answered to change that into a roadway, it would require an amendment to the PUD. The Board confirmed that condition was changed in the most recent update and provided comfort to residents that the emergency access point is not an actual paved roadway. Commissioner Mowery stated gates would not need to be provided at both ends. He stated residents would be required to pay to bring the access point up to standards for a roadway. w z 0 J 0 W a a a 15 1 Page Packet Pg. 25 Regular Meeting Tuesday, June 6, 2017 6:00 PM 4.A Commissioner Townsend asked if the applicant planned on making the development an HOA. Mr. Perry confirmed that was true. Commissioner Mowery reiterated his requests to amend the site plan to include 50 foot lots on Ashlyn Circle and asked to only include a gate on the Christensen Road side into the development. He stated the county standard does not typically include 2 gates and noted the HOA could take additional measures to prevent resident use of the area. Chairman Dzadovsky stated his concerns that without a gate on both ends residents may drive back into the area. He confirmed the request for 50 foot lots on Ashlyn Circle for lots number 23 through 35. Commissioner Townsend expressed her concern regarding residents accessing the emergency roadway. The Board confirmed there were 2 gates proposed on the emergency access road. Chairman Dzadovsky reiterated his request to keep both gates on the emergency access road to prevent cars from parking along the area. Mr. Perry confirmed the request for the 50 foot lots and to keep both gates on the emergency access road. Based on Board comments, Chairman Dzadovsky requested the removal of the second gate inside of the development. The Board requested to keep the gate from Christenson Road only. Commissioner Mowery moved to approve the item as amended. Commissioner Townsend seconded the motion. The motion passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 10. REGULAR AGENDA A. PLANNING & DEVELOPMENT SERVICES 1. Major Adjustment to Final Planned Unit Development (PUD) Site Plan - Sunset Beach The item was moved to Section 9. Public Hearing Prior to the meeting. The County Senior Planner presented this item for a major adjustment to the planned unit development (PUD) site plan for Sunset Beach PUD consisting of 43 single family residential lots with a recreational amenity. Staff presented an aerial map of the subject property located on Hutchinson Island and provided a history of the project dated back to 2009. The County Senior Planner presented the previous approved site plan and the proposed amended site plan. He noted the major changes of a revised location of the project's entrance road and the re -location of the recreational amenity approximately 500 feet to the south. He indicated these changes were based on a determination from the Florida Department of Environmental Protection that Joe's Pond is considered part of the state's Aquatic Preserve. Staff noted the entire remaining wetland and associated buffer will be placed under a conservation easement. He concluded the site plan w z 0 J 0 a a a 16 1 P a g e Packet Pg. 26 Regular Meeting Tuesday, June 6, 2017 6:00 PM 4.A adjustment is consistent with the land development code and comprehensive plan and recommended Board approval. The Board made their disclosures for this Quasi -Judicial Hearing: Commissioner Mowery indicated he met with staff. Commissioner Hutchinson indicated she met with staff. Commissioner Bartz indicated she met with staff. Commissioner Townsend indicated she met with staff. Chairman Dzadovsky indicated he met with staff. Richard Ladyko, with Ladyko design group addressed the Board on behalf of the applicant. He explained the delay of the project based on the findings from the FDEP regarding Joe's Pond. He indicated he worked with FDEP to reach an acceptable site plan for the project. Mr. Ladyko stated the project is currently finishing the remainder of the permitting process. Chairman Dzadovsky asked about the Erosion Control Board's provisions regarding access to the beach area for renourishment. Mr. Ladyko answered that access has been provided and the bridge section would be the same as proposed previously. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 2. Fisherman's Wharf Redevelopment Plan The County Planning and Development Services Director presented the Fisherman's Wharf Redevelopment Plan. She indicated St Lucie County and the City of Fort Pierce are joint recipients of a Department of Economic Opportunity Technical Assistance Planning Grant. Staff presented maps of the area to be considered in the redevelopment plan and photos of the area. She discussed community outreach efforts to gain public feedback on the project, including a public meeting and the online workshop. The County Planning and Development Services Director noted the draft plan largely represented the desires of the community with only minor changes suggested. Staff detailed a map of the proposed development, including a proposed 3rd boat ramp which received a grant to expand these boat ramps. Staff reiterated the support of additional boat ramps from all parties involved in the redevelopment plan. Another alteration made as determined by the comments received included more rooftop gardens facing south on building ten at the intersection of Indian River Drive and Fisherman's Wharf. Staff addressed the concern of retaining the high quality businesses in the area by incorporating them into the redevelopment. She presented the update renderings of the proposed style for the area. She expressed the intention of using the images to market the area and move forward with creating partnerships with owners and developers. Staff also identified issues for future study such as collaborating with the City of Fort Pierce and to evaluate the Second Street Seaway Dr intersection for the possibility of only right-in/right-out traffic movements. The County Planning and Development Services Director concluded with the staff recommendation that the 17 1 P a g e Packet Pg. 27 Regular Meeting Tuesday, June 6, 2017 6:00 PM 4.A county actively pursue land acquisition in the area, convert the stormwater retention pond to an enclosed retention system upon redevelopment of that parcel, identify off - sight boat trailer parking opportunities and to pursue funding for expanded boat ramp infrastructure. She indicated that at this time the Board may provide direction for further work on the redevelopment plan. Commissioner Hutchinson urged the Board to be realistic about the need for boat trailer parking in the area. She indicated this issue would be difficult to update in the future. She stated the county should seek Fort Pierce to take the lead on this topic. Commissioner Townsend confirmed the initial plans of utilizing the parking garage for the boat trailers would not be possible. She reiterated the importance of addressing the potential parking concerns from the beginning. Commissioner Mowery emphasized the possibility for this are to provide lots of opportunities for the area in the future. He stated most communities in South Florida did not purchase additional public lands and had the plans conform to the area available. He also stated the plans may not reflect the diversity of the community and asked staff to take that into consideration. Commissioner Townsend spoke about a proactive group of residents in Fort Pierce that had a vision for the area. She indicated a lot of these residents participated in the public meeting regarding this project and she emphasized the importance of taking their ideas into consideration. Commissioner Bartz thanked staff for their work and spoke about the impressive growth of the area. She emphasized the need for additional boat ramps and parking. She noted the county should continue working with the public and private partnerships. She reiterated Commissioner Mowery's comments regarding the importance of implementing the essential elements in the area. Commissioner Hutchinson clarified that she was not promoting the additional purchase of property. She stated the City of Fort Pierce may be more prepared, based on recent parking improvements in the city. Commissioner Mowery expressed his excitement over technological improvements in the future and how they may affect these current plans. The County Planning and Development Services Director asked that the Board approve the current plan and staff will add the recommendations as an update. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Cathy Townsend, District No. 5 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 1. South Florida Water Management District Environmental Resources Permit Modification No. 13-05321-P - All Aboard Florida - Litigation Update The County Attorney presented this item for a litigation update related to All Aboard Florida. Staff provided background on the project and indicated the county has focused on eliminating the negative impacts in vehicular/pedestrian safety at crossings and environmental impacts including impacts to water quality and wetlands. He stated the w z 0 J 0 a a a 18 1 P a g Packet Pg. 28 Regular Meeting Tuesday, June 6, 2017 6:00 PM 4.A Board has provided comments to the Federal Railroad Administration as part of the Environmental Impact Statement process. Staff indicated the county has achieved substantial improvements through that process. The County Attorney indicated that St Lucie County has worked with Martin County to appeal a permit from the South Florida Water Management District and is currently in the process of challenging that. He stated those proceedings will conclude within the next week. Staff listed the changes that were achieved: o Sidewalks with pedestrian safety gates have been added to the Harbor Branch University Crossing location. o Sidewalks with pedestrian safety gates have been added to the Chamberlain W Boulevard Crossing location. z o Quad Gates have been added to the Tarmac Road Crossing as requested. U- o Quad gates have been added to the Fisherman's Wharf Crossing as requested. o o The substandard median divider has been removed from Midway Road a Crossing and Quad Gates have been added. g o The substandard median divider has been removed from Walton Road Crossing and Quad Gates have been added. o 10' wide concrete multiuse paths with pedestrian safety gates have been added to the Midway Road Crossing location. o 10' wide concrete multiuse paths with pedestrian safety gates have been added to the Walton Road Crossing location. Staff indicated that estimates of the value of the safety improvements already achieved range from $2.7 million to $3.9 million. He noted that litigation has taken longer than initially predicted. Staff stated that there are impacts that have not yet been addressed. The county continues to attempt mediation to reach a resolution that is acceptable to the Board. The County Attorney stated the county is requesting an additional $150,000 to complete the litigation. He stated that with the additional funds the county has spent $1 million. Staff recommended that the Board approve the transfer of $150,000 from the county's general fund emergency reserves to the professional services account. Chairman Dzadovsky spoke on behalf of the Board and thanked county staff for their significant achievements in the process thus far and expressed pride in St Lucie County for taking the lead. 19 1 P a g Packet Pg. 29 Regular Meeting Tuesday, June 6, 2017 6:00 PM 4.A RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold an Informal Meeting on Tuesday, June 13th at 9 a.m. in Conference Room 43 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL.Cn B. The Board of County Commissioners Regular Meeting scheduled for Tuesday, June 20th at 9 Z a.m. has been rescheduled to Tuesday, June 20th at 6 p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL . o 0 Q C. County offices will be closed on Tuesday, July 4, 2017 to observe the Fourth of July holiday. 0 a IL D. The Board of County Commissioners will hold a Regular Meeting on Wednesday, July 5th at 6 Q p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL . a o E. The Board of County Commissioners will hold an Informal Meeting on Tuesday, July 11th at 9 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL . 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. 20 1 Packet Pg. 30 5.A ITEM NO. RES-2017-129 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: 06/20/2017 *PROCLAMATIONS APPROVAL Resolution proclaiming June 25 through July 1, 2017 as "National Mosquito Control Awareness Week" in St. Lucie County, Florida. It has been requested that this Board proclaim June 25 through July 1, 2017 as "National Mosquito Control Awareness 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 iaie . McIntyre, Co my ttorney 6/14/2017 Packet Pg. 31 5.A.a RESOLUTION A RESOLUTION PROCLAIMING THE WEEK OF JUNE 25-JULY 1, 2017 AS "MOSQUITO CONTROL AWARENESS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Mosquito borne diseases, including malaria, yellowfever, West Nile virus, chikungunya and Zika virus have historically been a source of human and animal suffering, illness, and death in the United States and worldwide. 2. An excessive numberof mosquitoes diminishes our enjoyment of theoutdoors, public parks and playgrounds; hinders outdoor work; decreases livestock productivity; impairs health; and reduces property values. 3. The American Mosquito Control Association (AMCA) was established on June 26, 1935, to provide a nationally organized network to help mosquito control professionals develop and encourage effective, safe, and environmentally -friendly mosquito control activities. 4. One of the easiest and most crucial things to do is remove any stagnant water you have around your property. Empty pots, tarps, tools and trash cans of any water that has collected as they are all breeding grounds for mosquitoes. 5. If a mosquito problem already exists, AMCA recommends controlling adult mosquitoes through mosquito traps, space sprays and vegetation management. Mosquitoes can also be kept out of the home by keeping windows, doors and porches tightly screened. 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 July 25-July 1, 2017 as "MOSQUITO CONTROL AWARENESS WEEK" in St. Lucie County, Florida. 2. St. Lucie County reminds county residents to practice the Three "D"s of mosquito prevention - Drain, Dress, and Defend: Drain: Empty out water containers at least once per week; Dress: Wear long sleeves, long pants and light colored, loose -fitting clothing; and Defend: Properly apply an approved repellent such as DEET, Picaridin, IR3535 or oil of lemon -eucalyptus PASSED AND DULY ADOPTED this 20t" day of June, 2017. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM & CORRECTNESS: COUNTY ATTORNEY Packet Pg. 32 06/02/17 FZABWARR FUND TITLE 001 001461 001463 001512 001550 001575 001576 001580 001582 001583 001584 001585 001828 101 101001 101002 101003 101004 102 102001 102301 107 107001 107002 107003 107006 ill 112 115 118 120 121 122 126 129 130 130121 130122 130123 139 140 140001 140376 160 170 183 183004 183006 ST. LUCIE COUNTY - BOARD WARRANT LIST #35- 27-MAY-2017 TO 02-JUN-2017 FUND SUMMARY General Fund RCMP 2017 -002 FCTD Planning Grant FY16/17 Neighborhood Stabilization Program HUD Shelter Plus Care Metropolitan Planning / Sec 5305d Support Services for Veterans Section 112/MPO/FHWA Plan FY16/17 EMPG FY17 Continuum of Care Vets Continuum of Care Chronic CSBG 2017 SAFER St Lucie Disaster Education Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU FDEP-Paradise Pk Ph5 Sy4 Retro 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 River Park I Fund River Park II Fund Sheraton Plaza Fund Paradise Park Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Southern Oak Estates Lighting Parks MSTU Fund SLC Public Transit MSTU FTA 5307 FY 2014 FTA 5339 FY 2013 Capital FTA 5307 2015 Transit System Palm Grove Fund Airport Fund Port Fund FDOT New Port Ent 2nd street Imp Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund EXPENSES 205,918.25 0.00 0.00 155.64 698.00 176.49 0.00 7,188.51 51,329.37 90.00 0.00 2,025.82 0.00 44.98 0.00 38,337.03 4,262.00 8,773.90 2,355.04 3,135.90 3,900.00 365,476.34 57.92 0.00 3,100.84 753.05 3,547.22 813.80 618.56 861.57 246.86 86.89 1,154.13 170.12 1,256.00 166.99 0.00 914.37 0.00 1,056.16 2,718.88 0.00 259,147.32 3,910.92 43,779.06 4,848.26 2,033.50 40.27 PAGE I• G va G 93a 541,807.06 846.84 688.32 1,542.76 34.76 6,222.91 1,348.80 6,430.19 0.00 104.28 86.90 3,573.36 1,713.60 37,406.49 1,409.60 47,838.50 20,449.55 17,323.13 61,099.25 12,431.27 4,834.48 158,744.86 2,904.42 1,081.23 0.00 10,536.37 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,368.06 3,326.40 0.00 1, 629.52 0.00 20,306.20 3,403.20 0.00 3, 004.86 0.00 4, 989.78 3,109.85 0.00 F H Z a Packet Pg. 33 8.A.1 06/02/17 FZABWARR FUND TITLE 184001 185017 189110 189111 189112 189203 190 310001 310002 316001 401 418 451 458 471 478 491 505 505001 505002 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #35- 27-MAY-2017 TO 02-JUN-2017 FUND SUMMARY Artificial Reef Program FHFA SHIP 2016/2017 Home Consortium 2014 Home Consortium FY 2015 USDA Housing Preservation Grant_ Hardest Hit fund Advisor Services Sports Complex Fund Impact Fees -Library Impact Fees -Parks 5th Cent Fuel -Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Water & Sewer District Operations Water & Sewer District R&R Building Code Fund Health Insurance Fund Risk Management Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL PAGE 2 EXPENSES PAYROLL 0.00 1,846.36 26,V49.76 1,178.79 0.00 49.67 0.00 848.21 0.00 312.65 0.00 79.42 11,905.25 22,284.32 12,134.45 0.00 2,744.58 0.00 195,438.92 0.00 40,377.35 79,226.28 3,291.60 19,036.68 53,433.70 410.58 15,836.00 0.00 97,967.27 14,623.09 21,425.88 0.00 0.00 38,394.60 5,121.42 0.00 6,024.64 3,350.24 0.00 3,328.46 1,980.00 5,162.96 13,075.46 0.00 44,984.21 0.00 1,577,640.45 1,172,729.11 H Z a co M LO M W r N J a M L L M M V c� cG C �O♦ V Packet Pg. 34 06/09/17 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #36- 03-JUN-2017 TO 09-JUN-2017 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 552,516.40 0.00 001461 RCMP 2017 -002 1,965.00 0.00 001463 FCTD Planning Grant FY16/17 11.77 0.00 001575 Metropolitan Planning / Sec 5305d 63.92 0.00 001580 Section 112/MPO/FHWA Plan FY16/17 545.93 0.00 001582 EMPG FY17 15.00 0.00 001583 Continuum of Care Vets 19.11 0.00 001585 CSBG 2017 5,730.00 0.00 101 Transportation Trust Fund 1,267.79 0.00 101002 Transportation Trust/80o Constitut 36,735.76 0.00 101003 Transportation Trust/Local Option 3,837.62 0.00 101004 Transportation Trust/County Fuel Tx 24,297.70 0.00 102 Unincorporated Services Fund 28,503.05 0.00 102001 Drainage Maintenance MSTU 88,733.74 0.00 102116 IRL-Paradise Park Phase5-System4 1,211.58 0.00 104003 Hurricane Frances Donations 198.52 0.00 107 Fine & Forfeiture Fund 17,012.15 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 10,146.10 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 311.21 0.00 Q 107006 F&F Fund -Court Related Technology 6,577.29 0.00 129 Parks MSTU Fund 120,285.27 0.00 130 SLC Public Transit MSTU 993.24 0.00 M 130123 FTA 5307 2015 Transit System 2,170.62 0.00 0� 140 Airport Fund 8,591.00 0.00 M 140001 Port Fund 7,383.41 0.00 r 140376 FDOT New Port Ent 2nd street Imp 518.06 0.00 y 140382 FDOT Design & Construct Runway 25,370.00 0.00 J 160 Plan Maintenance RAD Fund 25.00 0.00 c� 183 Ct Administrator-19th Judicial Cir 2,804.60 0.00 183001 Ct Administrator-Arbitration/Mediat 80.00 0.00 183004 Ct Admin.- Teen Court 1,924.74 0.00 184223 Artificial Reef 2015-2016 4,950.00 0.00 c 185017 FHFA SHIP 2016/2017 13,580.00 0.00 190 Sports Complex Fund 36,715.35 0.00 r_ 310001 Impact Fees -Library 12,683.73 0.00 3 E 316001 5th Cent Fuel -Capital 37,896.56 0.00 E 318 County Capital -Transportation Bond 73,864.82 0.00 C V 401 Sanitary Landfill Fund 587,235.79 0.00 418 Golf Course Fund 23,757.64 0.00 451 S. Hutchinson Utilities Fund 16,661.13 0.00 471 Water & Sewer District Operations 132,339.73 0.00 478 Water & Sewer District R&R 3,435.00 0.00 479 Water & Sewer Dist. -Cap Facilities 51,135.65 0.00 491 Building Code Fund 1,250.00 0.00 505 Health Insurance Fund 78,074.10 796.80 505001 Risk Management Fund 39,995.87 0.00 611 Tourist Development Trust-Adv Fund 21,320.97 0.00 625 Law Library 190.33 0.00 Packet Pg. 35 06/09/17 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #36- 03-JUN-2017 TO 09-JUN-2017 FUND SUMMARY FUND TITLE 801 Bank Fund GRAND TOTAL: EXPENSES 3,762.08 2,088,694.33 8.A.1 PAGE 2 PAYROLL 0.00 796.80 Packet Pg. 36 8.B.1 ITEM NO. RES-2017-130 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: John Wiatrak, Airport Manager SUBMITTED BY: St. Lucie County International Airport Division DATE: 06/20/2017 *CONSENT AGENDA\ADMINISTRATION SUBJECT: Scrivener Error Correction - Budget Resolution - Update Master Plan and Airport Layout Plan (ALP) Federal Aviation Administration (FAA) Board Acceptance of FAA Funding BACKGROUND: On May 2, 2017, the Board approved two Budget Resolutions, No. 2017-91 and 2017-90, related to the Update Master Plan and Airport Layout Plan project. Due to a scrivener error, the attached resolution has to be amended to reflect a fund number change from state to federal on Resolution 2017-91 and to correct the account string listed on Resolution 2017-90. This project will allow the Airport to remain in compliance with FAA regulations requiring the update of the Master Plan and Airport Layout Plan (ALP) every five (5) years. The project will help identify and support future development opportunities at the Airport. Project funding consists of an FAA 90% portion of $360,000, an FDOT 5% matching share of $20,000 and a local matching share of $20,000. The previous Master Plan and ALP update was completed in 2010. This project includes a significant amount of outreach and public engagement. PREVIOUS ACTION: Board acceptance of the FAA grant with RES 2017-90 and RES 2017-91 on 5/2/2017. Board acceptance of the FAA grant with RES 2016-141 on 9/16/2016. FINANCIAL IMPACT: Funds from the Federal Aviation Administration (FAA) of $360,000 will be made available in 140141-4220- 331411-48001 pending BOCC approval. Airport Local match funds of $20,000 are available in 140-4220- 531000-48001. Florida Department of Transportation funding match of $20,000 will be made available in 140396-4220-334411-48001 pending BOCC approval. Total project cost of $400,000. RECOMMENDATION: Staff recommends Board approval of this budget resolution to amend resolution No. 2017-91 due to a scrivener error and to correctly state the account string on resolution No. 2017-90. This revised budget Packet Pg. 37 8.B.1 resolution establishes the project funds for the FAA portion of the Update Master Plan and Airport Layout Plan project at the Treasure Coast International Airport. COMMISSION ACTION: Coordination/Signatures Danie S. McIntyre, Cori ttorney 6/11/2017 _ 1 .17 fer Hill, Budg t Man _ 6/2/2017 Updated: 6/2/2017 11:18 AM by Alvin Hall Page 2 Packet Pg. 38 RESOLUTION 8.B.1.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 the Federal Aviation Administration through a Joint Participation Agreement Grant, in the amount of $360,000 as funding for the Update Master Plan & ALP Project at the Treasure Coast International Airport. This revised resolution is to amend resolution No. 2017-91 due to a Scrivener Error. 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 20th day of June, 2017 pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2016-2017, and the County's budget is hereby amended as follows: REVENUE 140141-4220-331411-48001 FAA $360,000 APPROPRIATIONS 140141-4220-531000-48001 Professional Services $360,000 After motion and second the vote on this resolution was as follows: Commissioner Chris Dzadovsky, Chairman XXX Commissioner Tod Mowery, Vice Chairman XXX Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED THIS 20TH DAY OF JUNE 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 39 TO: SUBMITTED BY: 8.B.2 ITEM NO. RES-2017-139 DATE: 06/20/2017 AGENDA REQUEST *CONSENT AGENDA\ADMINISTRATION Board of County Commissioners Nicole Fogarty, Legislative Affairs Manager Administration Resolution to Authorize The St. Lucie County Commission To Participate In A Joint Meeting With The Indian River County Commission And The Martin County Commission To Discuss And Plan Matters Of Mutual Interest; And Providing For An Effective Date BACKGROUND: According to Statute 125.001, Florida Statutes, the Board is required to pass a resolution authorizing participation in the joint meeting. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board accept the Resolution, set an effective date for the joint meeting and authorize the Chairman to sign the resolution. COMMISSION ACTION: Packet Pg. 40 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 6/14/2017 Ho and Tipton, Count Administrato 6/14/2017 Updated: 6/13/2017 1:43 PM by Kelly Phelan Page 2 Packet Pg. 41 RESOLUTION NO.2017- 8.B.2.a A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AUTHORIZE THE ST. LUCIE COUNTY COMMISSION TO PARTICIPATE IN A JOINT MEETING WITH THE INDIAN RIVER COUNTY COMMISSION AND THE MARTIN COUNTY COMMISSION TO DISCUSS AND PLAN MATTERS OF MUTUAL INTEREST; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the St. Lucie County Commission, the Indian River County Commission and the Martin County Commission desire to participate in a joint meeting to discuss and plan matters of mutual interest; and WHEREAS, Section 125.001, Florida Statutes, authorizes county boards to meet and discuss matters of mutual interest with one or more adjacent county or municipality; and WHEREAS, Section 125.001, Florida Statutes, further states that such meetings may be held at any appropriate public place within the jurisdiction of any participating county or municipality, and requires that due public notice be provided within the jurisdiction of all participating municipalities and counties; and WHEREAS, Section 125.001, Florida Statutes, further requires that the governing body of a county or municipality must first adopt a resolution authorizing participation in the joint meeting, NOW, THEREFORE, BE IT RESOLVED BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS THAT: Section 1. Pursuant to Section 125.001, Florida Statutes, the Board of County Commissioners is hereby authorized to participate in a joint meeting with the Indian River County Commissioners and the Martin County Commissioners on a date that will be properly noticed within the jurisdiction of all participating counties. taken. Section 2. Notice of this meeting shall be duly advertised and official minutes shall be Section 3. This resolution shall take effect immediately upon adoption. The foregoing resolution was moved for adoption by , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Packet Pg. 42 ITEM NO. (ID # 4473) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: John Wiatrak, Airport Manager St. Lucie County International Airport Division Custom's Renovation Change Order No. 09 DATE: 06/20/2017 *CONSENT AGENDA\ADMINISTRATION Treasure Coast International Airport's Customs Building Renovation Project will renovate and significantly upgrade the Customs building, originally built in 1979. The renovation included a complete interior demolition and reconfigured interior layout, new roof, facade, upgraded security measures, and is designed for Customs' new and popular Global Entry program. The original project budget was $2,098,254.0. The cost after Change Order No. 09 will be $2,702,787.16. This change order provides for work to wrap up, punch out and allow us to complete the project with the general contractor and permit CBP facilities staff to begin its setup work. This Change Order is not a request for additional time. Items within this change order include mainly electrical items, plumbing work, and some specific requests made by Customs. In order to improve some site conditions Facilities and Airport staff requested additional sod and rock to maintain slopes and proper drainage around the building. The total amount of this change order is $39,929.87. This amount exists in Airport's Reserve and Operational funds. PREVIOUS ACTION: 04/07/2015 - Awarded the Custom's Building Renovation Project bid to ANATOM Construction. 05/17/2016 - Change Order #03 approved. 08/16/2016 - Change Order #05 approved. 10/10/2016 - Change Order #06 approved. 01/24/2017 - Change Order #07 approved. 04/04/2017 - Change Order #08 approved. FINANCIAL IMPACT: Available funds in the following accounts ($14,700 from Reserves in Account String #140-9910-599300- 800 and $25,230 from Professional Services in Account String #140-4210-531000-400) will be transferred Packet Pg. 43 to account string #140-4220-562000-114601 through line to line No. 2017-0461 as additional Airport match funds to cover the increase to Change Order No. 9. RECOMMENDATION: Staff recommends Board approval of Change Order No. 09 for the customs building renovation and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures y _ Danie S. McIntyre, C my ttorney 6/15/2017 Jen fer Hill, Budg t Man 6/14/2017 4aSg n oor inator 6/15/2017 Updated: 6/14/2017 4:45 PM by Jennifer Hill B Page 2 Packet Pg. 44 Change Order Request Item ST LUCIE COUNTY AIRPORT Customs Facility Renovations Description Contract Origination CO Cost Allowance Used Pending Change Order 9 items COR#68 HVAC Breakers Adusted breaker and wire size to match units installed vs. orig. design/submittal GC $10,132.62 COR#69 Door 123 Frame Replacement County changed the hardware type after frame was ordered SLC $1,699.20 COR#70 ID Signage Credit for building lettering not provided by vendor and extra labor for added set SLC -$984.00 COR#71 TACCOM radio roof work Sealing of roof due to radio antenna penetrations in roof CBP $1,435.20 COR#72 LAN room cage install CBP required cage to separate CBP IT from security systems (CCTV & Access Ctrl) CBP $1,500.00 COR#73 Detention Furniture install Saved county $ by having GC install furniture CBP $4,200.00 COR#74 Floor Sink for Ag Lab Disposal Re -engineered plumbing to accommodate 5 hp disposal GC $1,950.00 COR#75 Additional Sitework Added sod and stone for critical and sloped drainage areas and swales SLC $6,421.20 COR#76 Rewire of AHUS 1.2 & 1.3 Heating strips required wiring different than original design GC $2,623.20 COR#77 Lighting at Airside Canopy Original design of lighting would not work with canpoy structure Arch/Eng $6,212.45 COR#78 Ag Drain, Sink, VCT & Int Rm Floor repair for floor sink and carpet for Interview Room Arch/GC $2,278.34 COR#79 Matte Finish of Epoxy Floor County requested finish to hide sins of renovated concrete floor SLC $931.66 COR #80 Move Forms Table CBP request to remove table from main traffic flow and microphone area CBP $1,530.00 $39,929.87 Total Contract to Date $2,702,787.16 Attach ment8.B.3.a: PendingCBP_C09 (002) (4473 : Customs Renovation Change Order #9) PO W GJ a1 8.C.1 ITEM NO. (ID # 4452) 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: 06/20/2017 *CONSENT AGENDA\COUNTY ATTORNEY Council on Aging of St. Lucie County, Inc. - First Amendment to 2014 Master Transit Agreement Attached to this agenda item is a proposed First Amendment to the June 17, 2014 Master Transit Agreement with Council on Aging of St. Lucie County, Inc. The current agreement which runs through June 30, 2017, provides for a two year extension upon mutual agreement of the parties. The proposed First Amendment will extend the term of the Agreement for an additional two years through and including June 30, 2019. The proposed First Amendment will also amend the compensation section to provide for advanced payments to the Council on Aging based upon twelve equal monthly payments of the approved operating budget for the service. This will assist the Council on Aging in more efficiently meeting its operating expenses for the program. PREVIOUS ACTION: On June 17, 2014, the parties entered into a Master Transit Agreement which provided for Council on Aging of St. Lucie County, Inc. to continue to serve as the Master Transit Provider for the County. FINANCIAL IMPACT: Sufficient Funding is available and appropriated in the following accounts: 130120-4410-582015-400 Section 5311 for Rural Areas 130123-4410-582015-400 Federal Transit Administration 5307 130218-4410-582015-400 Florida Department of Transportation -Block Grant 130222-4410-582015-400 for the Transportation Disadvantaged 130-4410-582015-400 Transit Municipal Services Taxing Unit 130220-4410-582015-400 Service Development 5339 Grant Other grants RECOMMENDATION: Staff recommends the Board approve the proposed First Amendment to the June 17, 2014 Master Transit Agreement with Council on Aging of St. Lucie, Inc., and authorize the Chairman to sign the First Amendment. Packet Pg. 46 8.C.1 COMMISSION ACTION: Coordination/Signatures Danie S. McIntyre, Co my ttorney 6/9/2017 r %! Updated: 6/9/2017 5:08 PM by Jennifer Hill Page 2 Packet Pg. 47 8.C.1.a FIRST AMENDMENT TO JUNE 17, 2014 MASTER TRANSIT AGREEMENT (C14-06-359) THIS THIRD AMENDMENT made this day of , 2017, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns, hereinafter called the "Council": WITNESSETH: WHEREAS, on June 17, 2014, the parties entered into a Master Transit Agreement which provided for the Council to serve as the Master Transit Provider for the County (the "Agreement"); and, WHEREAS, the Agreement provided for a three year term beginning on July 1, 2014 and continuing through and including June 30, 2017, subject to a two (2) year extension on mutual agreement of the parties; and, WHEREAS, the parties desire to amend the term of the agreement for an additional two (2) years; and, WHEREAS, the parties further desire to amend Article V, Compensation, of the Agreement to provide for advance payments to the Council based upon the annual operating budget for the services to be provided under the Agreement. follows: IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as 1. Subsection 3.1(a), Term; Termination, is hereby amended to read as follows: 3.1 Term; Termination: (a) The term of this Agreement shall begin on July 1, 2009, and shall continue through and including June 30, 2019, unless terminated as provided in Article XI or as otherwise provided herein. 2. Article V, Compensation, of the Agreement is hereby amended by adding Section 5.7 to read as follows: 5.7 Beginning July 1, 2017, the Operator shall receive advance payments for the operating expenses of the transit services from the coordinator starting July Vt in the following manner: Based on the submitted operating budget by the Operator to the County by July 15Y, the Coordinator shall divide the budget into twelve (12) equal monthly allocations to be distributed to the Operator on the Vt day of each month commencing on July 1st of this year. The Operator shall submit invoices setting forth the prior month's cost and expenses on the 20" day of the month 1 Packet Pg. 48 8.C.1.a following the prior distribution month. If the invoice amount does not equal the allocation distributed for the previous month, the Coordinator may adjust the allocation for the subsequent month in order to balance the total allocation amount budgeted for that time period. For informational purposes this means that the July and August allocations will be for the full amount determined by the budget. All subsequent allocations will be based upon the submitted invoice, as adjusted accordingly. Capital Invoices will be reimbursed when submitted to the County unless prior authorization was received by the Coordinator. 3. Except as otherwise amended herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC. BY: SECRETARY PRESIDENT S:\agreemnt\coa.master transit.2014.1a.doc 2 (SEAL) Packet Pg. 49 8.C.2 ITEM NO. (ID # 4426) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: ci inirrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 06/20/2017 *CONSENT AGENDA\COUNTY ATTORNEY Professional Utilities Engineering Services - Termination of Continuing Contracts On October 20, 2015, the Board awarded continuing contracts for professional utilities engineering services to the following short-listed firms: CDM Smith - Vero Beach, Florida Culpepper & Terpening, Inc. - Fort Pierce, Florida Inwood Consulting Engineers - Port St. Lucie, Florida CivilSury Design Group - Fort Pierce, Florida Jones Edmunds - Titusville, Florida Wantman Group, Inc. - Port St. Lucie, Florida At the time of the initial contract award the estimated utilities capital improvement program budget was substantially in excess of what the estimated capital improvement program budget is today. As a result, County staff does not see the need to continue to contract with six firms. Staff is recommending that the Board authorize terminating the six (6) contracts without cause. Staff is further recommending that the Board authorize staff to readvertise a RFQ for Utilities Engineering Services - Continuing Contracts. PREVIOUS ACTION: On October 20, 2015, the Board approved awarding contracts to six (6) short listed firms set out above. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board: Packet Pg. 50 8.C.2 Authorize staff to terminate the contracts of the six (6) firms approved on October 20, 2015 without cause by providing six (60) days prior written notice; and Authorize staff to advertise a Request for Quote (RFQ) for professional utilities engineering services - continuing contracts. COMMISSION ACTION: Coordination/Signatures Danie 5. McIntyre, Ca ty ttorney 6/1/2017 r` 1Z Updated: 6/14/2017 11:42 AM by Katrina Slay Page 2 Packet Pg. 51 8.C.3 ITEM NO. RES-2017-131 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 06/20/2017 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Accepting a Conservation Easement and Preserve Area Monitoring and Management Plan from Noble Oaks Estates On October 4, 2016, the Board of County Commissioners approved Resolution 2016-159 granting Major Site Plan approval for the project to be known as Noble Oaks Estates, subject to conditions. Condition #3 of the Resolution states, within 90 days of site plan approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required executed St. Lucie County Conservation Easement and the Environmental Resources Department approved Preserve Area Monitoring and Management Plan (PAMMP). We have attached the Conservation Easement executed by Noble Oaks Estates for your review and acceptance along with the PAMMP approved by the Environmental Resources Department. PREVIOUS ACTION: October 4, 2016 - Board of County Commissioners approved Resolution 2016-159 granting Major Site Plan approval for Noble Oaks Estates. FINANCIAL IMPACT: N/A :T�4101► I► i�►lle%1I6P1 Staff recommends that the Board accept the Conservation Easement and Preserve Area Monitoring and Management Plan, authorize the Chairman to sign the Resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. 14ca ►] "i1► f-1--[9P►I_Ts"191 F Packet Pg. 52 8.C.3 Coordination/Signatures Danie S. McIntyre, county ttorney 6/14/2017 Updated: 6/14/2017 11:45 AM by Katrina Slay Page 2 Packet Pg. 53 ..., LOCATION OF NOBLE OAKS 5 e� Packet Pg. 54 i . T 8.C.3.b F. w aLLJ E cu a� N 0 0 I _C 4� t1 r� 1� I r N I W Q m 1 O R of V J ' LV ti J LU H Packet P H � g NCH D . 55 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 4239076 OR BOOK 3922 PAGE 2387, Recorded 10/18/2016 10:27:0 gC.3.c 1 ! RESOLUTION 2016-159 2 MJSP 820144802 3 4 ` A RESOLUTION GRANTING MAJOR SITE PLAN APPROVAL 5 FOR THE PROJECT TO BE KNOWN AS NOBLE OAKS ESTATES i 6 FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. 7 8 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on I' 9 the testimony and evidence, including but not limited to the staff report, has made the l 10 following determinations: 11 12 1. Aurelio and Maria Pereira, presented a petition for a Major Site Plan approval for a 13 15 lot residential subdivision to be known as Noble Oaks Estates, located on the east 14 side of South 251" Street, approximately 320 feet south of Midway Road, within the 15 RS-2 (Residential, Single Family-2du/ac) Zoning District and described in Part B. 16 17 2. The Development Review Committee has reviewed the Major Site Plan for the 18 proposed project and found it to meet all technical requirements of the St. Lucie 19 County Land Development Code and to be consistent with the future land use maps 20 of the St. Lucie County Comprehensive Plan. 21 22 3. The proposed project is consistent with the general purpose, goals, objectives, and 23 standards of the St. Lucie County Land Development Code, the St. Lucie County 24 Comprehensive Plan and the Code of Ordinances of St. Lucie County. 25 26 4. The proposed project will not have an undue adverse effect on adjacent property, 27 the character of the neighborhood, traffic conditions, parking, utility facilities, or 28 other matters affecting the public health, safety and general welfare. 29 30 5. All reasonable steps have been taken to minimize any adverse effect of the proposed 31 project on the immediate vicinity through building design, site design, landscaping, 32 and screening, subject to compliance with the wetland waiver. i 33 34 ! 6. The proposed project will be constructed, arranged and operated so as not to 35 interfere with the development and use of neighboring property, in accordance with 36 applicable district regulations. 37 38 ! 7. The proposed project will be served by adequate public facilities and services. 39 40 i File No.: MNSP 820144802 Resolution 2016-159 October 4, 2016 Page 1 j r M ti 0 N Cl) w W C) LO co 0 N 0 3 0 N m M ci w m t �a r Q Packet Pg. 56 OR BOOK 3922 PAGE 2388 8.C.3.c 1 8. The applicant has applied for and received a Certificate of Capacity, a copy of which 2 is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County 3 Land Development Code. 4 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 6 County, Florida: 7 8 A. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the 9 Major Site Plan for the project to be known as Noble Oaks Estates, is hereby approved 10 as shown on the site plan drawings for the project prepared by Boggs Planning and 11 Landscaping Architect dated October 12, 2015, revised through September 8, 2016, 12 ; and date stamped received by the St. Lucie County Planning Division on September 14, 13 2016, subject to the following conditions: 14 15 1. Pursuant to Chapter 11.04 of the St. Lucie County Land Development Code, the 16 applicant shall either construct or bond all required improvements prior to 17 recordation of the final plat. Should the applicant choose to bond the required 18 improvements, a Subdivision Improvement Agreement together with the 19 appropriate surety supported by an engineer's opinion of probable cost shall 20 be required. The engineer's opinion of probable cost shall be approved by the 21 1 County Engineer. The form of surety shall be approved by the County 22 Attorney. The final plat shall not be recorded until the County Administrator or 23 designee approves and signs the Subdivision Improvement Agreement. 24 25 2. Prior to obtaining a Vegetation Removal Permit or Exemption for each lot, a 26 detailed development plan for the area proposed for vegetation removal shall be 27 submitted to determine compliance with LDC 6.00.05A&B. Detailed development 28 plans may include a site plan or building plan, as required by the St. Lucie County 29 Land Development Code. 30 31 3. Within 90 days of site plan approval or prior to issuance of a Vegetation Removal 32 Permit or Exemption, whichever comes first, the applicant shall provide the 33 required executed St. Lucie County conservation easement and the Environmental 34 Resources Department -approved Preserve Area Monitoring and Management Plan' 35 (PAMMP) with an attached affidavits, and a cashier's check, payable to the Clerk of 36 the Court for the appropriate recording fees, to the County Attorney for review 37 and approval. A shapefile or CAD file of the proposed conservation easement 38 boundaries shall also be provided to the Environmental Resources Department. A 39 copy of the standard Conservation Easement document can be obtained by visiting 40 the St. Lucie County Environmental Resources Department website at: 41 http://www.stlucieco.gov/r)dfs/Conservation Easement Form.odf. 42 File No.: MNSP 820144802 October 4, 2016 Resolution 2016-159 Page 2 Packet Pg. 57 OR BOOK 3922 PAGE 2389 8.C.3.c 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 4- Prior to the issuance of a Vegetation Removal Permit or Exemption, the developers, their successors or assigns, shall satisfy the balance of 146.5 inches of tree mitigation through the donation of trees, shrubs, and groundcovers to be determined bythe ERD Director. 5. Prior to issuance of a Vegetation Removal Permit or Exemption for any portion of the site, the developers, their successor or assigns, shall conduct a pre - construction meeting with construction personnel addressing required tree protection measures. 6. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide a copy of the Homeowners Association guidelines (Homeowners/Property Owners Association or Declaration of Covenants documents) for ERD review. The guidelines, at a minimum, should specify restrictions on removal of trees preserved for overall project mitigation, any encroachment into the open space, preserve, and lake management tracts, prohibitions within Zone A and Zone B Shoreline Protection Zones, and lay out the rights and responsibilities for maintenance of the conservation areas. 7. Prior to issuance of a Building Permit, all invasive exotic vegetation located within 1 the property boundary shall be removed (Land Development Code Section 7.09.05). 8. Prior to the issuance of a Certificate of Occupancy, the developers, their _M successors or assigns, shall provide ERD with an as -built landscape plan indicating the location of the 100 cabbage palms. N vn w 9. All native vegetation, including understory, shall be preserved in the 75' shoreline W protection zone. LO 10. All development within the Noble Oaks Subdivision shall conform to the residential ! N landscape requirements that are effective at the time of Building Permit issuance. o Prior to the issuance of any Certificate of Occupancy for any individual home, the parcel shall conform to the residential landscape requirements of the St. Lucie County Land Development Code. i.i M 11. The issuance of County development permit does not in any way create any rights6 on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to E obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. a File No.: MNSP 820144802 October 4 2016 Resolution 2016-159 Page 3 Packet Pg. 58 OR BOOK 3922 PAGE 2390 8.C.3.c 1 12. All other applicable state or federal permits must be obtained before 2 commencement of the development. 3 1 i 4 I 13. Pursuant to the State of Florida Department of Health, Chapter 64E-6, Florida 5 Administrative Code, Section 64E-6.0019(5), a voluntary inspection of individual 6 septic systems by the Homeowner shall be required and written into the Noble 7 I Oaks Estates Homeowners Association Documents. Inspection shall commence 5 8 years from the date of Certificate of Occupancy, and every 5 years thereafter. 9 10 B. The property on which this site plan approved is being granted is described as follows: 11 12 j Part of the nw 1/4 of the sw 1/4 of Section 4, Township 36 South, Range 40 East, St. � 13 Lucie County, Florida, more particularly described as follows: 14 The north 340 feet of the south 983 feet of the nw 1/4 of the sw 1/4 of said section 4, 15 ! and land abutting same on east to river containing ten acres more or less, excepting 16 however the south ten feet thereof. 17 Less and except: a triangular shaped parcel lying in the northwest 1/4 of the 18 southwest 1/4 of Section 4, Township 36 South, Range 40 East, St. Lucie County, 19 Florida, and being more particularly bounded and described as follows: 20 Commence at the southwest corner of said Section 4; thence north 89°40' 12" east, 21 along the south line of said Section 4 a distance of 45.00 feet to the intersection of 22 said south line of Section 4 and the east right-of-way line of South 25th Street; thence 23 north 00'12' 58" west, along said east right-of-way line and parallel with the west line 24 of said Section 4 a distance of 1975.54 feet to the north line of the south 653.00 feet 25 of the northwest 1/4 of the southwest 1/4, said point being the point of beginning; 26 thence north 03°15' 08" east, a distance of 330.60 feet to the intersection of a line 27 65.00 feet east of said west line of section 4 and the north line of the south 340.00' 28 feet of the north 1/2 of the northwest % of the southwest 1/4; thence south 00'12' 29 58" east, parallel with said west line of section 4, a distance of 330.00 feet to said 30 north line of the south 653.00 feet of the northwest 1/4 of the southwest 1/4; thence 31 south 89°47' 36" west, along said north line a distance of 20.00 feet to the point of 32 beginning. 33 i Parcel id# 3404-312-0001-000/4 34 35 C. The approvals and authorizations granted by this Resolution for the purpose of 36 obtaining plat approval on this property, shall expire on October 4, 2018, unless the 37 plat has been recorded in public records or an extension has been granted in 38 accordance with Section 11.02.06(B)(2), St. Lucie County Land Development Code. 39 i 40 D. The conditions set forth in Part B are an integral nonseverable part of the site plan 41 approval granted by this Resolution. If any condition set forth in Section B is 42 determined to be invalid or unenforceable for any reason and the developer declines File No.: MNSP 820144802 October 4, 2016 Resolution 2016-159 Page 4 Packet Pg. 59 OR BOOK 3922 PAGE 2391 8.C.3.c 1 ! to comply voluntarily with that condition, the site plan approval granted by this 2 resolution shall become null and void. i 3 I 4 ` E. A copy of this Resolution shall be attached to the site plan drawings described in 5 Section A, which plan shall be placed on file with the St. Lucie County Planning and 6 Development Services Director. 7 8 i After motion and second, the vote an this resolution was as follows: 9 10 Chair Kim Johnson AYE 11 12 Vice -Chair Chris Dzadovsky NAY 13 14 Commissioner Tod Mowery AYE 15 16 Commissioner Paula Lewis AYE 17 18 Commissioner Frannie Hutchinson AYE 19 20 PASSED AND DULY ADOPTED this 41h day of October, 2016. 21 22 23 24 25 26 27 28 29 30 31 32 33 ATTEST APPROVED AS TO FORM AND CORRECTNESS 34 35 36 37 38 Deputy Clerk-•,. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA File No.: MNSP 820144802 October 4, 2016 Resotution 2016-159 Page 5 Packet Pg. 60 Cl) 0 N U) W W a) 0 N c 0 0 0 U M U c aD t U c0 Q OR BOOK 3922 PAGE 2392 8.C.3.c 1 2 St Lucie County Certificate of Capacity Date 16,5 2016 Certificate No. 2976 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Umr Sile Pla. Number of units 15 Humber of square feet 2. Property legal description 8 Tax ID no. 3+0�3L'-Ot161-00Q�� Fast side of 256 St, 310 ft sawi of Afidtri- 2tol�le 026 Esawes 3. Approval: Building Resolution No. 2016-09 Letter 4. Subject to the following conditions for conctrrency: Owner's name urrlw aad I 263 Pereira Address 142.; SE S zUW Gms Drirt No Sc Lade IL 3a9$2 6. Certificate Expiration Date 1016.'1.017 This Certificate of Capacity is transferable only to subsequent owners of the saute parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development sued with this certificate, or for subsequent develoltwtetrt or r{s) iss far the mom property, use and size as described Mein. te:19,51016 Planning and De lopment Services Director St Lucie Corrrty, florida Weiedas, Oc"w 85, 2016 File No.: MNSP 820144802 October 4, 2016 Pale 1 of 2 Resolution 2016-159 Page 6 Packet Pg. 61 M ti 0 N t) W W 0 m cfl 0 N a O M 0 N d ti cri U 06 w c d E t c� cC Q 8.C.3.d Return recorded document to: THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given this 30t' day of March, 2017, by Aurelio and Maria Pereira ("Grantor") whose mailing address is 456 NW Ravenswood Lane, Port Saint Lucie, FL 34983 to St. Lucie County, a political subdivision of the State of Florida ("Grantee") having an address of 2300 Virginia Avenue, Fort Pierce, FL 34982. As used herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Conservation Area" (as hereinafter defined) and the term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of certain lands situated in St. Lucie County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference ("Property"); and T WHEREAS, the Grantor is proposing the development of a Noble Oaks Estates ("Project') on the Property, which is subject to the regulatory jurisdiction of the St. Lucie County Board of County Commissioners ("County"); and N co w WHEREAS, the Property will be further subject to the Declaration of Covenants, Conditions and Restrictions of Noble Oaks Estates Home Owners Association, Inc. to be recorded = in the Official Public Records of St. Lucie County, Florida ("Declaration"); and E WHEREAS, the County approved the Major Site Plan for the Project pursuant to Resolution No 2016-159 ("Resolution"); and WHEREAS, the Resolution requires that Noble Oaks Estates Home Owners Association, Inc. ("Association') maintain, in perpetuity, that portion of the Property designated as preserve area ("Conservation Area") as more particularly described in Exhibit `B" attached hereto and incorporated herein by this reference; and WHEREAS, the Declaration provides that the maintenance of the Conservation Area is the perpetual obligation of the Association; and WHEREAS, the Resolution further requires that the Conservation Area be maintained in accordance with that certain Preserve Area Management and Monitoring Plan ("Management Plan'), recorded separately at OR Book 9322, Page 2387; and WHEREAS, the Grantor is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the Conservation Area. NOW, THEREFORE, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the Conservation Area which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. WPB 381,741,367v71211212007 Packet Pg. 62 8.C.3.d The scope, nature, and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. Purgose. It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement shall be maintained in the conditions required by the Management Plan. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Conservation Area at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor and/or the future residents of the Property at the time of such entry; and b. To enjoin any activity on or use of the Conservation Area that is r inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Area that may be damaged by any inconsistent activity or use; and o N C. To enter upon the property of the Grantor to connect the Conservation LU Area to a bona fide system of trails, greenways or other non -vehicular system. W 3. Prohibited Uses. Except for exotic vegetation removal, replanting with appropriate native vegetation, vine control, removal of trash and debris or other maintenance and monitoring activities described herein that are permitted or required by the Resolution or the Management Plan, the following activities are prohibited in or on the Conservation Area: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; C. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with the Management Plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing. WPB 381,741,367v7 12/12/2007 7 Packet Pg. 63 8.C.3.d 4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Conservation Area that are not prohibited herein and which are not inconsistent with any County rule, criteria, permit and the intent and purposes of this Conservation Easement. 5. No Dedication. No right of access by the general public to any portion of the Property or the Conservation Area is conveyed by this Conservation Easement, except as provided in Paragraph 2(c), above. 6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Conservation Area. 7. Acts Beyond Grantor's Control. Nothing contained in this instrument shall be v construed to entitle Grantee to bring any action against Grantor for any injury to or change in any portion of the Property other than Conservation Areas that result from natural causes beyond c :W Grantor's control, and not initiated by the Grantor, including but not limited to fire, flood, storm and earth movement. Should any Conservation Area be injured or changed from natural causes, including but not limited to fire, flood, storm and earth movement, the Grantor shall be provided oc notice and a reasonable opportunity to restore the affected Conservation Area to a condition that satisfies the Management Plan requirements prior to the Grantee bringing any action for noncompliance with the Resolution or the Management Plan. c N N 8. Progerty Taxes. Grantor shall keep the payment of taxes and assessments on the w Conservation Area current and shall not allow any lien on the Conservation Area superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the w Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the c maximum rate allowed by law, no later than thirty days after such payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Conservation Area which shall automatically relate back to the recording date of this Easement. Grantee may foreclose this lien on the Conservation Area in the manner provided for v mortgages on real property. W 9. Enforcement by Grantee. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor or the Association, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 10. Enforcement by Association. The Association shall take private enforcement action against any member of the Association who violates the rules relating to the use and maintenance of the Conservation Area as set forth in the Management Plan. 11. Maintenance Obligations of Association. The Association shall maintain in perpetuity, the Conservation Area in accordance with the Management Plan. Such maintenance shall include, but is not limited to, exotic vegetation removal, replanting with appropriate native WPB 381,741,367v7 12/12/2007 Packet Pg. 64 8.C.3.d vegetation, vine control, and removal of trash and debris. The maintenance schedule should be so as to keep the Conservation Area ecologically functional and high quality, as well as a minimum 90% free of exotic vegetation. 12. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 13. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 14. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. 15. Written Notice. All notices, consents, approvals or other communications M hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in- c interest. N v� w 16. Modifications. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors -in -interest, which shall be filed in the public records in St. Lucie County. E 17. Extinguishment. If circumstances arise in the future such as render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange or voluntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by Florida law at the time, in accordance with paragraph 18. Grantor believes that any changes in the use of neighboring properties will increase the benefit to the public of the continuation of this Easement, and Grantor and Grantee intend that any such changes shall not be deemed to be circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor to conduct or implement any or all of the uses allowed under the terms of this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. 18. Proceeds. This Easement constitutes a real property interest immediately vested in Grantee, which, for the purposes of paragraph 17, the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement, at the time of this grant. For the purposes of WPB 381,741,367v7 12/12/2007 d Packet Pg. 65 8.C.3.d this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; and all mortgages and liens have been subordinated to this Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. N W WPB 381,741,367v7 12/12/2007 5 Packet Pg. 66 8.C.3.d IN SS WHEREOF, Aurelio and Maria Pereira, has hereunto set its authorized hand thisD day of N&O 2017. Signed, sealed and delivered in our presence as witnesses: By: Print Name: r By: Print Name: , STATE OF FLORIDA ) ss.: COUNTY OF ST LUCIE N The foregoing instrument was acknowledged before me this ii - day o2017, W by Aurelio and Maria Pereira, as Owners of Noble Oaks Estates, on its behalf, who is personally � known to me, or who has produced as idencation. Notary: [NOTARIAL SEAL] Print Name: Notary Public, to of Flori My commission expires: b ZOO _ OARCI E. IVEY Notary Public - State of Florida ' commission # GG 010707 r My Comm. Expires Aug 25, 2020 Bon"dthrough National Notary Assn. WPB MI.741,WV7 i2liZ=7 Packet Pg. 67 8.C.3.d EXHIBIT "A" [DESCRIPTION OF PROPERTY] w WPB 381,741,367v7 12112/2007 Packet Pg. 68 LEGAL DESCRIPTION for CONSERVATION EASEMENTS s.C.3.d LEGAL DESCR/PMON.- BEING A PORTION OF THE NORTH 340 FEET OF THE SOUTH 983 FEET OF THE NW 114 OF THE SW 114 OF SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST ST LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS.• COMMENCE A T THE NORTHWEST CORNER OF SAID SECTION 4, SAID POINT BEING A FOUND NAIL & DISC (PCP 4286); THENCE SOUTH 007252" EAST, ALONG THE WEST LINE OF SAID SECTION 4, A DISTANCE OF 339.52 FEET, THENCE NORTH 894742" EAST ALONG THE NORTH LINE OF THE SOUTH 983 FEET OF SAID NORTHWEST 114 OF THE SOUTHWEST 114 OF SECTION 4, A DISTANCE OF 1180.57 FEET TO THE BEGINNING OF THE FOLLOWING DESCRIPTION CONSERVA TION EASEMEN T,• THENCE CONTINUE NORTH 89 4742" EAST, A DISTANCE OF 75.64 FEET TO A POINT ON THE MEAN HIGH WA TER LINE DEPICTED HEREON WHICH COMPLIES WITH CHAPTER 177, PART A FLORIDA STATUTES AND IS RECORDED IN THE PUBLIC REPOSITORY OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF SURVEYING AND MAPPING AS MEAN HIGH WATER SURVEY FILE NO. 3601; THENCE CONTINUE SOUTH 07°1536" WEST, A DISTANCE OF 24.48 FEET; THENCE SOUTH 04 21 '57" EAST, A DISTANCE OF 75.82 FEE T,• THENCE SOUTH 0136'56" WEST, A DISTANCE OF 33.02 FEET; THENCE SOUTH 21 0732" EAST, A DISTANCE OF 20.15 FEET; THENCE SOUTH 02 00'02" EAST A DISTANCE OF 10. 67 FEE T,• THENCE SOUTH 224743" WEST, A DISTANCE OF 10.09 FEET; THENCE SOUTH 19 01'02" EAST, A DISTANCE OF 17.71 FEE I,- THENCE SOUTH 0722'38" EAST, A DISTANCE OF 30.45 FEE T,• THENCE SOUTH 21 `1846" EAST, A DISTANCE OF 65.57 FEET; THENCE SOUTH 21 `18'46' EAST, A DISTANCE OF 65.57 FEET; THENCE SOUTH 17°14'42" EAST, A DISTANCE OF 34.54 FEE T,• THENCE SOUTH 3738'01 " EAST, A DISTANCE OF 21.61 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 653 FEET OF THE NORTHWEST 114 OF THE SOUTHWEST 114 OF SAID SECTION 4; THENCE SOUTH 89 4742" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 86.32 FEET; THENCE NORTH 17°14'42" WEST, A DISTANCE OF 26.84 FEET; THENCE NORTH 21 '18'46" WEST, A DISTANCE OF 72.07 FEET; THENCE NORTH 072238" WEST, A DISTANCE OF 31. 97 FEET; THENCE NORTH 19 01 '02" WEST, A DISTANCE OF 38. 72 FEET; THENCE 224743" EAST, A DISTANCE OF 5.60 FEET- THENCE NORTH 21 07'32" WEST, A DISTANCE OF 8.55 FEET; THENCE NORTH 013656" EAST, A DISTANCE OF 44.18 FEET; THENCE NORTH 04 21 '57" WEST A DISTANCE OF 79.53 FEET, THENCE NORTH 07°15'36" EAST, A DISTANCE OF 22.29 FEET TO THE POINT OF BEGINNING. CONTAINING: 25625.77 SQUARE FEET AND/OR 0.59 ACRES MORE OR LESS.. MOMS. 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION 5.0012527E ALONG THE WEST LINE OF SECTION 4. 3. THE INFORMA TIDN WAS PROVIDED BY "VILLA DEL TA HOMES" 4. THERE ARE (3) 10 FOOT DOCK ACCESS EASEMENTS THA T WILL CROSS THROUGH THE CONSERVA 7101V EASEMENT SURVEYORS CERARC4T/ON.- I HEREBY CERTIFY THA T THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL L AND SURVEYOR AND MAPPERS IN CHAPTER 115-17, FL ORIDA ADMINISTRATIVE CODE, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. NOT VALID W/THOU T THE SIGMA TUBE AND THE ORIGINAL RAISED SEAL OF A FL ORIDA LICENSED SURVEYOR AND MAPPER. ROSERT BL OOMSTER ✓R. PROFESSIONAL LAND SURVEYOR NO. 4134 5TA TE OF FL ORIDA NOT VALID WITHOUT SHEET 2 OF 2 BL0OMSTER PROFESSIONAL LAND SURVEYORS, INC. ROMA LB. / W8 641 NORTHEAST SPENCER STREET JENSEN BEACH, FLORIDA 34957 PHONE 772-334-0868 SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR. VILLA DEL TA HOME S1TE LOCATED.• NOBLE OAKS ESTATES FORT PIERCE, ST. LUCIE COUNTY, FLORIDA Packet Pg. 69 8.C.3.d EXHIBIT `B" [DESCRIPTION OF CONSERVATION AREA] r M r O N cn W w WPB 381,741,367v7 12112/2007 Packet Pg. 70 8.C.3.d EXHIBIT "C" MANAGEMENT PLAN r Q WPB 381,741,367v7 12112/2007 Packet Pg. 71 8.C.3.d Environmental Services, Inc. Nobel Oaks Estates MONITORING AND MAINTENANCE PLAN Prepared by: DLS Environmental Services, Inc. 1901 SW Yellowtail Avenue Port St. Lucie, FL 34953 May 2014 phone: 772-215-3997 • fax: 772-879-4520 • email: danna@dlsenvironmentalservices.com address: 1901 SW Yellowtail, Port St. Lucie, FL 34953 W web: www.dlsenvironmentalservices.com Packet Pg. 72 8.C.3.d Introduction The Nobel Oaks Estates parcel is 9.6± acres and is located on the east side of 25th Street, south of Midway Road between an office complex and vacant property on the north side and a single family residential development on the south side. The parcel is located in Section 4, Township 36 South, Range 40 East, adjacent to the North Fork St. Lucie Aquatic Preserve, a Class III waterbody (Figure 1— Location Map). The project consists of 17 single family residential units, an associated roadway, stormwater management, and an upland preserve area adjacent to the North Fork St. Lucie Aquatic Preserve. Upland Buffer Preservation There are no wetlands on the property; therefore there is no proposed mitigation. Preserve area C :r signs will be installed by the developer and maintained by the homeowners association to provide ' assurance that the preserve areas will not be impacted in the future (Figure 2 - Preserve Area Sign). In addition, a conservation easement will be placed over the upland buffer preserve as further assurance. The proposed locations of the dock accesses and outfall structure are not M included in the preserve area in order to allow construction and maintenance of these structures. There will be activities within the buffer preserve that will involve exotic plant removal. ~ 0 N The criteria for such activities are: w 1) Eradication of Nuisance and Exotic Vegetation All nuisance and exotic vegetation as listed by the Florida Exotic Pest Plant Council will be eradicated from the preserve area. The vegetation that occurs within the preserve area consists mainly of cabbage palm (Sabal palmetto), saw palmetto (Serenoa repens), live oaks (Quercus virginiana), some Brazilian pepper (Schinus terebinthifolius), marlberry (Ardisia escallonoides), lygodium, ceasar weed (Urena lobata), Boston fern (Nephrolepis exaltata), wild coffee (Psychotria spp.), and snake plant (Sansevieria trifasciata). • All eradication will be through hand clearing and removal of material off -site. • The criterion for acceptance of eradication for all exotic vegetation will be 100 percent eradication. If initial eradication efforts do not achieve this criterion, follow-up treatment will be conducted. • Cutting of the trunk and treatment of the stump with an appropriate labeled herbicide will eradicate all Brazilian pepper and other woody exotics. • The criterion for completion of the woody exotic eradication will be 100 percent kill. If initial eradication efforts do not achieve this criterion, follow-up treatment will be conducted. • All eradication of non -woody exotic vegetation will be through application of appropriately labeled herbicide. All debris removed will be handled in accordance with the disposal specifications. • The criterion for completion of the non -woody exotic eradication will be 100 percent kill. If initial eradication efforts do not achieve this criterion, follow-up treatment will be conducted. Packet Pg. 73 8.C.3.d The exotic vegetation eradication in the buffer preserve will generate vegetative debris that requires disposal. There will be a staging and storage area provided outside the limits of the buffer preserve areas. • Transport of vegetative debris from the buffer area to the staging area will be conducted in a fashion that minimizes the distribution and dispersal of seeds from such debris. • No exotic or nuisance vegetative material will be left in the buffer area. • All vegetative debris, either whole or chipped/mulched will be hauled off site and disposed of at a landfill or other appropriate licensed facility. Herbicides are required for the treatment of all stumps of woody vegetation to prevent re -growth, and for eradication of non -woody exotic and nuisance vegetation. • All herbicide application activity will be conducted under the supervision of a Florida Department of Agriculture licensed applicator, licensed for application of aquatic herbicides. • All herbicide applied must include a visible tracer dye in the mix to facilitate observation M of treated vegetation ti 0 N Upland Buffer Preserve Monitoring w W Due to the minimal amount of exotics within the buffer preserve, no replanting is proposed for the area. The monitoring plan includes transects established through the buffer preserve. One data collection station has been established along each transect in order to document vegetative coverage. Vegetative coverage will be documented along the transect lines and data collection/photo stations shown on the Monitoring Plan Map (Figure 3). Observations will extend approximately 50 feet from the observer in each direction thus covering 100' of shoreline at each station. Station locations will be permanently marked with PVC pipe to ensure consistency in data collection. Panoramic photos will be collected from each of the established monitoring stations to provide documentation of vegetative coverage. The monitoring is to ensure the nuisance and exotic vegetation removal is successful. No hydrologic monitoring is proposed since the buffer preserve is uplands. Maintenance Each monitoring report will include recommendations for maintenance if necessary. The threshold for maintenance requirements will be any area that has five percent or more total vegetative coverage by nuisance or exotic vegetation at any time during the monitoring period. Maintenance of the upland buffer preserve will be provided in perpetuity by the homeowners association in accordance with permit requirements. Packet Pg. 74 8.C.3.d Monitoring and Maintenance Schedule The schedule for conducting the proposed monitoring and maintenance is based on the date of permit issuance from the appropriate agencies. The project is not anticipated to begin immediately and the following is the proposed work schedule. Activity Months after Permit Issuance Record Conservation Easement 2 months Submit Baseline Monitoring Report 18 months Initiate Exotic Eradication 18 months Complete Exotic Eradication 22 months Submit Time Zero Monitoring Report 22 months Submit First Annual Monitoring Report 30 months Submit Second Annual Monitoring Report 42 months Submit Third Annual Monitoring Report 54 months Submit Fourth Annual Monitoring Report 66 months Submit Fifth Annual Monitoring Report 78 months N W W Packet Pg. 75 I 8.C.3.d I Winter Pearh Gifford 512 „ r +Vero Beach bWk 4S14 PROJECT LOCATION tart VrIUM Lakewood Park 5t Lurie ens ;: Larida 724 " fort Pierce 6S �; . rn l S in 41 White Ir4an River Estates 621 FortBa inger 7T7 acid 721 }� port 5t. Lucie ri�htop-__iOkeeChobe2 9 v North RiverSh4res 713 Taylor Cr¢ek Im to a"khead Ridge Port Salerno 175, Hobe Sound India 708 r 1 Port Mayacal dale Lake 7 L_V Jupiter ST. LUCIE COUNTY U3 LID a � Farm to Rd Newark Ln J { — �... Nw Dora Ck KOO qr tiL �.. 4 SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST 1?s Environmental Services, Inc_ 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com LL L PROJECT LOCATION a 4 -- �4x c W Mldw�y Rd SCALE: i �C � x Gregory Ln Location Map Nobel Oaks Estates Fort Pierce, St. Lucie County, Florida N.T.S. I I MAY 2014 M Tmm O N G7 W Packet Pg. 76 1 I 8.C.3.d I AND CAP (L& 4820) ui o _ o S�2 M - w U o 25' I CONSERVATION EASEMENT T-2 S0 7 '1 5 36 W Survey data obtained from Stephen Cooper, 24 48 , and Associates, Inc. Site Plan, Dated 9-18-08 Location of Photo Station Location of Monitoring T-# W Transect Location of Preserve � Area Si na g g e z 1 z�a o SO 1 36 '56 "W 33.02 z g o 521 07'.32'E 20. 15' '02 "E 502 00 s- 7 0. 67' 52 "W 47'43 - la 09, �S19 0/'02"E 1771' ---� 507 22'38 "E 30.45' FOUND 4"X..4" CONCRE MONUMENT /NO LD 1?s Environmental Services, Inc_ 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com SCALE: 1„_ 40' .521 -18'46 "E 55. 57' S177442'E 34.54 ' 24.59' S.37'J3'01 'E 21.61' Monitoring Plan Map Nobel Oaks Estates Fort Pierce, St. Lucie County, Florida MAY 2014 w Packet Pg. 78 1 8.C.3.d SKETCH r Q WPB 381,741,367v7 1211212007 Packet Pg. 79 8.C.3.d _— POINT OF COMMENCEMENT NW CORNER SECTION 4-36-40 FOUND NAIL & DISC (PCP 4286) 500'1252'E 339.52' o ' N89 4742'E 1180.57' �j 45' N0775 361E 22.29' J N04 21 57"W 79.53' SKETCH OF DESCRIPTION FOR CONSERVATION EASEMENTS NORTH LINE OF THE SOUTH 983 FEET OF THE NW 114, SW 114, SECTION 41,36140 N8947427775.64' � -- S07°15 36 "W 24.48' old O z h - - - - J N PROPOSED 10' DOCK ACCESS ESMT O � N0136 561E 44. 18' r�r^ vJ N21 07 32 "W 11. 44' N22 47'43'E 13.54' N19 01 02 "W 38. 72'- PROPOSED 10' DOCK ACCESS ESMT N07 22 JS "W 31. 97' N21 '18'46 "W 72.07' - PROPOSED 10' DOCK ACCESS ESMT N17°14'42"W 26.84' LEGEND: PCP = PERMANENT CONTROL POINT FDEP = FL ORIDA DEPAR TMENT OF TRANSPOR TA TION ESMT = EASEMENT SHEET 2 OF 2 (SCALE- I" = 50) NOT VALID WITHOUT SHEET 1 OF 2 Cal 504 21 57 E 75.82' MEAN HIGH WATER LINE (AS LOCATED ON 6-2-05) (ELEVATION 1. 18 ) FDEP FILE #3601 SOI 36 56 "W 33.02' y S21 07 J2'E 20.15' Zt o - S02 001027E 10.67' y -S2247'43"W 10.09' C 11 - S19 01 02'E 17.. 71 ' Z I`ll T� - SO722 J8'E 30. 45' S2178'46 - 65.57' S17°14'42'E 34.54 S3738'01 'E 21. 61 ' S89 4742"W 86.32' NORTH LINE OF THE SOUTH 653 FEET, NW 114, SW 114, SECTION 4IJ6140 BLOOMSTER PROFESSIONAL LAND SURVEYORS, INC. FLMDA LB. / 8018 641 NORTHEAST SPENCER STREET JENSEN BEACH, FLORIDA 34957 PHONE 772-334-0868 w Packet Pg. 80 1 8.C.3.e Environmental services, Inc. Nobel Oaks Estates MONITORING AND MAINTENANCE PLAN Prepared by: DLS Environmental Services_ Inc. 1901 SW Yellowtail Avenue Port St. Lucie, FL 34953 May 2014 U) W `i phone: 772-215-3997 • fax: 772-879-4520 • email: danna@dlsenvironmentalservices.com address: 1901 SW Yellowtail, Port St. Lucie, FL 34953 web: www.disenvironmentalservices.com Packet Pg. 81 8.C.3.e Introduction The Nobel Oaks Estates parcel is 9.6± acres and is located on the east side of 25�' Street, south of Midway Road between an office complex and vacant property on the north side and a single family residential development on the south side. The parcel is located in Section 4, Township 36 South, Range 40 East, adjacent to the North Fork St. Lucie Aquatic Preserve, a Class III waterbody (Figure 1— Location Map). The project consists of 17 single family residential units, an associated roadway, stormwater management, and an upland preserve area adjacent to the North Fork St. Lucie Aquatic Preserve. Upland Buffer Preservation There are no wetlands on the property, therefore there is no proposed mitigation. Preserve area signs will be installed by the developer and maintained by the homeowners association to provide assurance that the preserve areas will not be impacted in the future (Figure 2 - Preserve Area Sign). In addition, a conservation easement will be placed over the upland buffer preserve as further assurance. The proposed locations of the dock accesses and outfall structure are not included in the preserve area in order to allow construction and maintenance of these structures. There will be activities within the buffer preserve that will involve exotic plant removal. The criteria for such activities are: 1) Eradication of Nuisance and Exotic Vegetation All nuisance and exotic vegetation as listed by the Florida Exotic Pest Plant Council will be `o eradicated from the preserve area. The vegetation that occurs within the preserve area consists mainly of cabbage palm (Sabal palmetto), saw palmetto (Serenoa repens), live oaks (Quercus c virginiana), some Brazilian pepper (Schinus terebinthifolius), marlberry (Ardisia escallonoides), lygodium, ceasar weed (Urena lobata), Boston fern (Nephrolepis exaltata), wild coffee (Psychotria spp.), and snake plant (Sansevieria trifasciata). c� r; • All eradication will be through hand clearing and removal of material off -site. o • The criterion for acceptance of eradication for all exotic vegetation will be 100 percent U) eradication. If initial eradication efforts do not achieve this criterion, follow-up treatment w will be conducted. • Cutting of the trunk and treatment of the stump with an appropriate labeled herbicide will eradicate all Brazilian pepper and other woody exotics. • The criterion for completion of the woody exotic eradication will be 100 percent kill. If initial eradication efforts do not achieve this criterion, follow-up treatment will be conducted. • All eradication of non -woody exotic vegetation will be through application of appropriately labeled herbicide. All debris removed will be handled in accordance with the disposal specifications. • The criterion for completion of the non -woody exotic eradication will be 100 percent kill. If initial eradication efforts do not achieve this criterion, follow-up treatment will be conducted. Packet Pg. 82 8.C.3.e The exotic vegetation eradication in the buffer preserve will generate vegetative debris that requires disposal. There will be a staging and storage area provided outside the limits of the buffer preserve areas. Transport of vegetative debris from the buffer area to the staging area will be conducted in a fashion that minimizes the distribution and dispersal of seeds from such debris. No exotic or nuisance vegetative material will be left in the buffer area. All vegetative debris, either whole or chipped/mulched will be hauled off site and disposed of at a landfill or other appropriate licensed facility. Herbicides are required for the treatment of all stumps of woody vegetation to prevent re -growth, and for eradication of non -woody exotic and nuisance vegetation. All herbicide application activity will be conducted under the supervision of a Florida Department of Agriculture licensed applicator, licensed for application of aquatic herbicides. All herbicide applied must include a visible tracer dye in the mix to facilitate observation of treated vegetation Upland Buffer Preserve Monitoring Due to the minimal amount of exotics within the buffer preserve, no replanting is proposed for the area. The monitoring plan includes transects established through the buffer preserve. One data collection station has been established along each transect in order to document vegetative coverage. Vegetative coverage will be documented along the transect lines and data collection/photo stations shown on the Monitoring Plan Map (Figure 3). Observations will extend approximately 50 feet from the observer in each direction thus covering 100' of shoreline at each station. Station locations will be permanently marked with PVC pipe to ensure consistency in data collection. Panoramic photos will be collected from each of the established monitoring stations to provide documentation of vegetative coverage. The monitoring is to ensure the nuisance and exotic vegetation removal is successful. No hydrologic monitoring is proposed since the buffer preserve is uplands. Maintenance Each monitoring report will include recommendations for maintenance if necessary. The threshold for maintenance requirements will be any area that has five percent or more total vegetative coverage by nuisance or exotic vegetation at any time during the monitoring period. Maintenance of the upland buffer preserve will be provided in perpetuity by the homeowners association in accordance with permit requirements. U) w Packet Pg. 83 8.C.3.e Monitoring and Maintenance Schedule The schedule for conducting the proposed monitoring and maintenance is based on the date of permit issuance from the appropriate agencies. The project is not anticipated to begin immediately and the following is the proposed work schedule. Activity Months after Permit Issuance Record Conservation Easement 2 months Submit Baseline Monitoring Report 18 months Initiate Exotic Eradication 18 months Complete Exotic Eradication 22 months Submit Time Zero Monitoring Report 22 months Submit First Annual Monitoring Report 30 months Submit Second Annual Monitoring Report 42 months Submit Third Annual Monitoring Report 54 months Submit Fourth Annual Monitoring Report bb months Submit Fifth Annual Monitoring Report 78 months M O N U) W Packet Pg. 84 8.C.3.e Winter Beach Gifford Tir 512 Vero Beach tfi4, may, c. e —Oslo PROJECT LOCATION 0 0Fo►t Vrurn Le Park Stgil ciard4n5 t Lucie �Lorida 724 66 `p.F*rt Pierce ;441y Cormk-ell B sinq r __v WfIrte > Indian River Estates 621:Fort Basinger 7U7 acid 7-2 11 Part St Lurie Okeechobee p arighton -9 e" 1% Ngrth River Shore; Saylor Creek d tua•t Palm CYBuakhead Ridge ' Port Salerno A fl-6, 6 9 76 (781 Q Hobe Sound -- n Indiantown 708 V Port Mayaca ..c -- dale take' Jupiter ST. LUCIE COUNTY CL :1 Favorite FW PROJECT LOCATION t R W Midway Rd Mw Newark in Ni+ Dora Ct -- Grey 1 v 14 .t Gregory U� SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST Environmental Services, Inc. 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentaisL-rvices.com Location Map Nobel Oaks Estates Fort Pierce, St. Lucie County, Florida SCALE: N.T.S. MAY 2014 FIGURE 1 M r, 0 N 6 W IY d a rL M E t v a a Packet Pg. 85 8.C.3.e PRESERVE AREA qSEnvironmental Services, Inc. 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Phone:772.215-3997 Fax:772-879-4524 www.dlsenvironmentalservices.com SCALE: 4" X 4" Post Preserve Area Signage Nobel Oaks Estates Fort Pierce, St . Lucie County, Florida N.T.S. 1 I MAY 2014 1 FIGURE 2 Packet Pg. 86 8.C.3.e AND CAP (L8 4820) o 25' CONSERVATI, EASEMENT T-2 75' Zone "B" S0 7 *1 5 36 W Survey data obtained from Stephen Cooper, PE 24.48 ' and Associates, Inc. Site Plan, Dated 9-18-08 Location of Photo O Station T_# Location of Monitoring Transect — Location of Preserve q z Area Signage S01 36 56 "W 33.02 o S21 07'32E 20.15' -� .� S02 00'02'E 10 67' c 5.�,2 47'43"W m 70. 09 , S1901'02"E 17. 77' z Zhu �S1o� lz GO�AS�M�NS � �N tll L O T-3 n� r gym. u, U o U d 1 FOUND 4 X.4 S07 22.38 "E 30.45' Envircmmental Services, Inc. 1901 SW YelloWtail Avenue Port Saint Lucie, FL 34953 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com SCALE 111_ 40' S21 '1846 "E — 55. 57' S17 °14 42 "E 34.54 ' 24.59 ' --- S.37'38 '01 "E 21.61' Monitoring Plan Map Nobel Oaks Estates Fort Pierce, St. Lucie County, Florida MAY 2014 FIGURE 3 a Packet Pg. 87 8.C.3.e SKETCH N N r R r N W N R O m O z a a (L r E N R W C O r R d N C O V C 7 O N N M O N U) W w d a a M ci E a a WPB 381,741,367v7 12/12/2007 Packet Pg. 88 POINT OF COMMENCEMENT NW CORNER SECTION 4-36- 40 FOUND NAIL & DISC (PCP 4286) 500'1252'E 339.52' o N89 47 427E 1180. 57' 45' NO775 367E 22.29'---- J N04 21 57 "W 79.53' ah N R� PROPOSED 10' DOCK ACCESS ESMT ti � W �+ 1 N0136 567E 44.18'--,` W) t!} N2107'32 "W 11. 44 ' J N2247'43 E" 13.54 =--� —N19 01 '02�'W 38, 72'- PROPOSED 10' DOCK ACCESS ESMT N0722'36"W 31.97 - 8.C.3.e SKETCH OF DESCRIPTION FOR CCNSER VA TION EASEMENTS POINT OF BEGINNING NORTH LINE OF THE SOUTH 983 FEET OF THE N NW 114, SW 114, SECTION 4IJ5140 N89'47 42 E 75. 64 ' LLI -- S07'1 S 36 "W 24. 48' 0 Q ' N21 '18 46 "W 72.07' --- PROPOSED 10' DOCK ACCESS ESMT N1774 42"W 26.54 LEGEND: PCP = PERMANENT CONTROL POINT FDEP = FLORIDA DEPARTMENT OF TRANSPORTATION ESMT = EASEMENT SHEET 2 OF 2 (SCALE.- 1" = 50) NOT I<ALID WITHOUT SHEET 1 OF 2 SO4 21 '57'E 75, 82' MEAN HIGH WATER LINE (AS LOCATED ON 6-2-05) (£LEVAnON 1.18) MCP FILE 0601 50136 56 "W 33.02' S21 07327E 20. 15' ZZ r „ — S02 00'02'E 10.67' �yLJ -522'47'43"W 70.09' - S19101 '02'E 17. 71 ' — 50722 38 E 30. 45' 1r 52178'46 E 55. 57' 517'14'49E 34.54 537 38 01 E 21.61 ' S89'47'42"W 86-;2 NORTH LINE OF THE SOUTH 6S3 FEET, NW 114, SW 114, SECTON 4IJ6140 BLOOMSTER PROFESSIONAL LAND SURVEYORS, INC. FLONDA LB. 0 W8 641 NORTHEAST SPENCER STREET JENSEN BEACH, FLORIDA 34957 PHONE 772-334-0568 r Q Packet Pg. 89 8.C.3.f Florida, that: RESOLUTION 2017-xxx A RESOLUTION ACCEPTING A CONSERVATION EASEMENT AND PRESERVE AREA MONITORING AND MANAGEMENT PLAN (PAMMP) ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing Conservation Easement and Preserve Area Monitoring and Management Plan (PAMMP) from Noble Oaks Estates are duly accepted on behalf of St. Lucie County this 20t" day of June, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA L." Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 90 8.C.4 ITEM NO. RES-2017-132 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 06/20/2017 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Street Name Change - Sun Citrus Boulevard to Steel Boulevard The Property Acquisition Division received a request from Massa Family Holdings, LLC and LBG, LLC to rename Sun Citrus Boulevard to Steel Boulevard. Sun Citrus Boulevard is a private ingress/egress easement that has only been named for first responders and the U.S. Postal Service. The County does not maintain this Easement. Public Safety, Property Acquisition Division and Road and Bridge have reviewed and approved the name change to Steel Boulevard. PREVIOUS ACTION: October 1, 1988 - Easement Deed - Sun Citrus Association, Inc. as Grantor and Cushman Fruit Company, Inc. and Pearl's Bonded Fruit Shippers, Inc. as Grantee recorded in Official Records Book 609, Page 2437 to 2439 of the Public Records of St. Lucie County, Florida. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the proposed name change of Sun Citrus Boulevard to Steel Boulevard, direct staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff and record the resolution in the public records of St. Lucie County, Florida. COMMISSION ACTION: Packet Pg. 91 8.C.4 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 6/14/2017 Updated: 6/9/2017 9:09 AM by Katrina Slay Page 2 Packet Pg. 92 .. - n DCR 1 a . '�";1„ 3--� F ��r'a 5,,�,�.�'. � I. ,�' �F'/.� S3 �', -- '�+''„�T'N � _'S6:>; 7i %S"a: -" � es 'r. `'4r ^c-.�::i-..,-r.--�- � „-.�?r• � r .r., 4 !' 6 May 9, 2017 Property Acquisitions 2300 Virginia Avenue Fort Pierce, FL 34981 : tin, Janet LicaLisi Re: Street name change request Location: Sun Citrus Boulevard Fort Pierce, FL 34946 To Whom It May Concern: Please accept this letter requesting the street name change from Sun Citrus Blvd to Steel.Blvd. Please see below, the (2) building owners located on 5300 & 5350 Sun Citrus Blvd Fort Pierce, FL 34946 have agreed to change the street name to STEEL BLVD. Massa Family Holdings LBG LLC (Current owner) 5300 Sun Citrus Blvd 5350 Sun Citrus Blvd Fort Pierce, FL 34946 Fort Pierce, FL 34946 Parcel ID:1430-311-0006.000-1 Parcel ID: 1430-322-0001-010-3 x0, r -,\ er Signatur (Owner Signature) (Print Name) (Print Name) MARTINE GEN vAUGHN Notify Public • Siale of florlde Commission M GG 024538 My Comm fWfes Dec 18, 2020 Bonded Iltroupn Na OMI Wary Arm Packet Pg. 95 0925932 EASEMENT DEED-- DEED made this day of October, 1988, by and between SUN 0 CITRUS ASSOCIATION, INC., a Florida corporation, Grantor, and CUSHMAN FRUIT COMPANY, INC., a Florida corporation and PEARL'S BONDED FRUIT SHIPPERS. INC., a Florida corporation, Grantee. Grantor, for and in consideration of Ten Dollars ($10) and other valuable considerations. receipt of which is acknowledged. has granted, bargained. and sold to Grantee, its successes and assigns forever, for the purpose of ingress and egress, an easement over the property legally described as Parcel f1 on Exhibit "A" attached hereto and made part hereof for the benefit of and as an easement appurtenant to the real property legally described as Parcel 82 on Exhibit "A" attached hereto and made part hereof, in the County of St. Lucie, State of Florida. or any portion thereof. IN WITNESS WHEREOF, Grantor has executed this Deed on the date first above written lATT SUN CITRUS ASSOCIATION, INC. ecretary ent Signed. Sealed and Delivered in Our Presence: 1 STATE OF FLORIDA COUNTY OF ST. LUCIE I Hereby Certify, That on this / "r day of toter. 1988. before me personally appeared , President of SUN CITRUS ASSOCIATIO a corpora un er the laws of the State of Florida, to me known to be the peirstne described in and who executed the foregoing conveyance to CUSHMAN FRUIT COMPANY, INC. , a Florida corporation and PEARLS BONDED FRUIT SHIPPERS, INC., a Florida corporation and severally acknowledged the execution thereof to be its free act and deed as such officers, for the uses and purposes therein mentioned; and that they affixed thereto the official seal of said corporation. and the said instrument is the act and deed of said corporation. Witness my signature and official seal A in the County of St. Lucie and State of Florida, the dap n y r as in otary rur WEg'Commission Expires: ._�7wY � :;�'•. notary qu�,it. $i.;ic �i ;°�...'z my OOOKR 609 Pact .3 B 8.C.4.d Packet Pg. 96 8.C.4.d Parcel 11 D E B C R I? T I O N "NGRE88-EREEB EASEMENT) A PARCEL OF LAND SITUATE IN SECTION 30. TOWNBHip 34 PARTICULARLY ARLYE 40 EI ST. LUCIE COUNTY. FLORIDA, 8EIN8 MORE PARTICULARLY DE8CRI8ED AS F0LLOW6� COMMENCE AT THE NgRT}IEAST CORNER OF T QUARTER OF SAID SECTION 3OI THENCE SOUTH THE SOUTHWEST LINE OF THE SAID SOUTHWEST QUARTER , ALONG THE EAST FEETI THENCE B.S9 �7'OB"W., A DISTANCE DISTANCE OF 445.00 THE POINT OFOF SEGINNINS; THENCE HNCE 48 FEET TO COi+ITINUE 8.89 47.0B"W. , A 50.00 FEETI THENCE N.S9I47'OS.N-0 D18TS2"W•, A DISTANCE OF THENCE N.44 47-08"E.� A DISTANCE DI ANCE OF 677.44 FEETI N.89 47•SS"E., F"E A DISTANCE OF 254.92 FEETI THENCE 8.75 12'05•E., FOR A DISTANCE OF 794.51 FEETI THENCE N.89 47'S5".Et FOR A DISTANCE (fie 115.91 FEET# THENCE EAST LINE OF THE SOUTHWEST QUARTERI THEN E FEET SOUTH TO THE SAID SAID EAST LINE, A DISTANCE OF &0.00 FEET , ALONG THE A DISTANCE OF 237.69 FEETI THENCE 1 THENCE 8.89 47.55"W OF 118.9E FEETI THENCE 8.0 47'NCE N.'!d 12'03-W.% A DISTANCE FEETI THENCE 5.44 47.08"W99 A DISTANCE GF DISTANCE0 FEET 70 THE POINT OF DEBINNING, CONTAINING 2.94 ACRES, MORE OR LESS. Parcel- .#2 A parcel of land, being a portion of Section 30, Township 34 South, Range 40 East, St. Lucie County, Florida, being more particularly described as followss Commence at the NE corner of the saidof the swk of said Section 30; hence South along the East line '993.56' to the �POINT 0OF BEGINNING;tthence h 890 4continue eSouth a9° 47' 00" West, 350.002; thence North 009 02' 52" West, 400.10'; thence north 89. 47' 08" East, along the South line of the Fort Pierce Farms Drainage District Canals No. 25, 3501; thence South 00" 02' 52" East 400.16, to the POINT OF BEGINNING containing 3.21 acres, more or less. K _!! x�IT fl U9 BOOXUFAU243R • Packet Pg. 97 A 0 a OUGLAS iL LUCIE c +`- 0802096W I,,-2439 8.C.4.d a Y'; Packet Pg. 98 8.C.4.e RESOLUTION NO. DATE: JUNE 20, 2017 A RESOLUTION RENAMING A 60' EASEMENT CURRENTLY KNOWN AS SUN CITRUS BOULEVARD TO STEEL BOULEVARD LYING IN SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.05(1), Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads lying outside the boundaries of any incorporated municipality. 2. Pursuant to Ordinance No. 87-8, Part A, St. Lucie County Code of Ordinances Section 36-51, there shall be no duplication of street names in St. Lucie County. 3. Pursuant to St. Lucie County Land Development Code Section 7.05.08(C)(2), streets, regardless of functional classification, which run parallel to the north -south base line (Orange Avenue) shall be called avenue, drive or some other designation beginning with a letter in the first half (A through M) of the alphabet. Street, regardless of classification, which run c 0 parallel to the east -west base line (U. S. Highway 1) shall be called terrace, place, or some other 0 m designation beginning with a letter in the second half (N through Z) of the alphabet. a� 4. The Property Acquisition Division received a request from LBG LLC and Massa v r c a� Family Holdings both residing on Sun Citrus Boulevard to rename Sun Citrus Boulevard to Steel E a Boulevard. Sun Citrus Boulevard provides access to both properties owned by LBG LLC and Q Massa Family Holdings. All affected property owners have approved the name Steel Boulevard. 1 Packet Pg. 99 8.C.4.e Road and Bridge, Public Safety and the Property Acquisition Division have reviewed, verified and approved the street name Steel Boulevard. 5. Sun Citrus Boulevard is a privately owned, named ingress/egress easement. It was owned by the previous owner Sun Citrus Association, a Florida corporation, Grantor, and previous Grantee, Cushman Fruit Company, Inc., a Florida corporation and Pearl's Bonded Fruit Shipper, Inc., a Florida corporation as recorded in O.R. Book 609, Page 2437 of the Public Records of St. Lucie County, Florida lying in Section 30, Township 34 South, Range 40 East shall be renamed as follows and more particularly shown on attached Exhibit "A": SUN CITRUS BOULEVARD to STEEL BOULEVARD NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Sun Citrus Boulevard is a privately owned ingress/egress easement as recorded in O.R. Book 609, Page 2437 of the Public Records of St. Lucie County, Florida lying in Section 30, Township 34 South, Range 40 East shall be renamed as follows and more particularly shown on attached Exhibit "A": SUN CITRUS BOULEVARD to STEEL BOULEVARD B. The Property Acquisition Division is hereby directed to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. Packet Pg. 100 8.C.4.e After motion and second, the vote on this resolution was as follows: Chairman Chris Dzadovsky Vice Chairman Tod Mowery Commissioner Fannie Hutchinson Commissioner Linda Bartz Commissioner Cathy Townsend PASSED AND DULY ADOPTED this 20"d day of June, 2017 Fit a9:1415 DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: By: COUNTY ATTORNEY Packet Pg. 101 8.C.5 ITEM NO. (ID # 4436) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 06/20/2017 *CONSENT AGENDA\COUNTY ATTORNEY Revocable License Agreement - River Park - 120 SE Selva Court - Parcel ID 3419-550-0010-000-8 - Install fence in a Drainage/Utility Easement Mr. and Mrs. Garcia would like to install a 6-foot chain link fence in the Drainage/Utility Easements on their property. Mr. and Mrs. Garcia understand if the County needs the Easements they will relocate the fence at their own expense. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the revocable license agreement, authorize the Chairman to sign the agreement and direct Mr. and Mrs. Garcia to record the agreement in the public records of St. Lucie County, Florida. COMMISSION ACTION: Coordination/Signatures Danie s. McIntyre, Ca,dnty ttorney 6/11/2017 Packet Pg. 102 sr. LOCATION MAP 1 4 h 14 i{ 6 f[ f! 16 �II a 17 S1 18 Q 9 9 J , 0 0 w CAL-MOSO-DR W a 0 2 1'2 3 4 5 14 MJM W' 0 U) O. 15 16 I 1 20 2 19 3 16 a G 7 2 a u u u j u UJ c Z c e a , W i N CL m 0 5 14 G 16 13 (� a /u? 17 12 U N Q o0 � o c 4 z 17 111 16 11 d 6 i6 a 15 7 14 z a24 23 22 21 20 19 Ia 17 16 15 14 13 w U) 1 2 3 q 1 6 7 9 9 19 11 12 SE-DUXBURY--AVE 19 ' 20 I 21 ! 22 CACItA-cr s 4 1d .h 2 I 16 1F. 18 .,^ 24 23 22 21 20 19 16 +7 16 is 14 13 1 2 3 4 5 SE-DUVAL 6 7 6 AVE- 9 10 11 12 E t W 19 10 a 20 9 8 z1 a +� 22 7 25 24 23 22 21 20 19 16 17 I6 15 14 23 6 9 12 y makes nc wana�ty.n:pnse Wi-or 9uarantyasm me ccmem,sepuelce,au;uracy, smetlaess_or cornvietenea ma,y ollne 11,611, 11m11erren`—loea here m. 0 0.01 0.02 OA4 0.96 fl.08 ul, nat re ly an the data pcvided herein foraly re ason.51. Lucie Coumy.111,"1 gl5plarms a�Y repre senlaoans and wmral`i rncluNn9. wilMut li milalion, the Implietl erohamahairy and 1— (of a pa�i0�iar pwpeee. St Lucie county shall assume 11 lianillty lac 1. Any errsrs, omleaions. or Inacwraues m 1he Miles rided regardless of how caused: or 2. Ail dads,, made or acllol lake, or tat taken by any person in reliance upon any ilfo—M, or dafa Mnisned nereurreer. Packet Pg. 103 A BOUNDARY AND RECORD SURVEY FOR JAMIE b REPARADA GARCIA 8.C.5.b ADDRESS 120 Sel Port St Florida NOTE: Water S Bound ory Survey Note: Hearings & Distances Are As Per Plat unless Noted Otherwise. snrra a �y Se1va Edge of Pavement Court _ , '— 50" Hight —of —Way 20' Pavement Ed. Ci n d fry Concrete Sidewalk 93.Q0' B' Drainage do Utility Mosement (Mat & o Concrete NDriveway Covered "13.3 A/C 25.2 Entry JK Unl# 'r 15.0 CN 1—Story C. B. S. `n 8.Q'N o Residence #120 "IN 13 n 10.0' F.P.i,. Meter E a �- 17.8 � Florida 4_0 w o Room N 24.0' 12.9'' ` 17.8' 3 va Court O a Covered p _ Lucie �} c 'a Screen Porch a o n Q O �o 14 0 p arvice 20' Drainage do Utility Easement Nd9_47 UU W Y.i.UU e of Pavement Ugh t—of— Way 15 Block 62 LEGAL DESCRIPTION: Drainage Right —of ---Way Lot 14, Block 62, RIVER PARK UNIT 7, according to the Plat thereof, as recorded in Plat Book 12, Pages 41 and 41A of the Public Records of St. Lucie County, Florida. CFRTTFTFD Tn- JAMIE GARCIA AND REPARADA GARCIA; HOMEBANC MORTGAGE CORPORATION, ITS SUCCESSORS AND/OR ASSIGNS; FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK c 0 J d V C N LL Sri U ao c m E t U a r Q O = Found 1/2' Iron Pipe (No Cap) O = Found 5/8" Iron Rod (No Cap) Packet Pg. 104 8.C.5.c This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of _ 2017, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the County) and JAMIE and REPARADA w GARCIA, whose address is 120 SE Selva Ct. Port St. Lucie, FL 34983 (the Owners). Cl) 0 N WHEREAS, the Owners own 120 SE Selva Ct in Port St. Lucie c Parcel ID 3419-550-0010-000/8 E m WHEREAS, the Owners are requesting to install a 6ft chain link fence across the rear and sides of a their property in the drainage/utility easements, as shown on Exhibit "A". N c a� WHEREAS, the County is willing to permit the Owners to use the drainage/utility easements for their J fence and maintenance around the fence, subject to the terms and conditions set forth in this Revocable License Agreement. > a� NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as to M follows: 1. The County agrees to grant the Owners a Revocable License Agreement for the purpose of E installing and maintaining fencing in the County's drainage/utility easements, as indicated on the L attached map and incorporated herein as Exhibit "A". a as v, 2. The sole purpose of this Revocable License Agreement is to allow the Owners to install fencing and maintain the area around the fence in the drainage/utility easements along the rear and sides of Ji; L; their property and shall not extend to the construction and/or installation of any additional structures or ao r utilities. as E 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the r Owners to install the fence and maintain the area around the fence at the location identified in Exhibit Q i� 1 Packet Pg. 105 8.C.5.c 4. The Owners shall install the fence in accordance with Standard Specification for Public works Construction in St. Lucie County. The fence shall not interfere with the use of the drainage or utility easements of the County or other Utility Services that maybe using said easements. Any damage to the easements shall be repaired by the Owners. 5. This Revocable License Agreement shall be binding on future successor and assignees of the Owners provided the Owners give adequate notice to the County pursuant to Paragraph twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer to terminate this Agreement with or without cause and require removal of the fence at the Owner's sole expense upon thirty (30) days written notice to the Owners. The County Engineer may, in lieu of termination, request that the Owners perform certain alterations to the fence and location in the drainage/utility easements mentioned in Exhibit "A" at the Owner's sole expense. However, if such alterations are not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owners shall be responsible for the removal of the fence and restoration of the easements and/or property as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owners agree to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of the easements and or County property. 10. The fence on the County's property shall be in accordance with all applicable codes and permitting regulations of the County and shall be maintained solely at the expense of the Owners. Any maintenance activity will be subject to the written approval of the County Engineer. 11. The Owners agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer 2 Packet Pg. 106 8.C.5.c 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owners: Jamie and Reparada Garcia 120 SE Selva Ct. Port St. Lucie, FL 34983 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owners agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owners shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owners shall pay any document excise taxes and the cost of recording this Revocable License Agreement. 3 Packet Pg. 107 8.C.5.c IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPETY CLERK WITNESSES: STATE OF_ COUNTY OF The foregoing instrument was acknowledged before me this and REPARADA GARCIA, his wife, who produced take an oath. WITNESS my hand and official seal, this day of My commission expires: 11 BOARD OF COUNTY COMMISSIONERS CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY JAMIE GARCIA, SR REPARADA GARCIA day of , 2017, by JAM IE _ (type of identification) and who did 2017. NOTARY r a Packet Pg. 108 8.C.6 ITEM NO. (ID # 4443) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 06/20/2017 *CONSENT AGENDA\COUNTY ATTORNEY Revocable License Agreement - River Park - 170 Princess Drive - Parcel ID 3419-520-0031-000-8 - Install fence in Utility/Drainage Easement Mr. Garrigan would like to install a 4-foot chain link fence in the Utility/Drainage Easements on his property. Mr. Garrigan understands if the County needs the Easements he will relocate the fence at his own expense. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the revocable license agreement, authorize the Chairman to sign the agreement and direct Mr. Garrigan to record the agreement in the public records of St. Lucie County, Florida. COMMISSION ACTION: Coordination Signatures Danie s. McIntyre, Ca,dnty ttorney 6/9/2017 Packet Pg. 109 5t..4� 6 7 LOCATION MAP 8.C.6.a s N�Vol �O 0IP��, _ otz 12 1 11 1 10 , \\ BANYAN DR a 7 Q MCL wER St. Law eeumv makes na,rartenly. reprasenlelien or guaranty es to lh—*m. segeenro. a«—y. nmanaeaedeta infamamn proyaad nerarn. 0 0 0056-01 0.02 0.03 0.04 The road shuuld not rely on the date prorieed herein kr any reason. sr. Lume County e.pd, tllscleims any repee5enlariensand warrenlie6, inciutl4ng, wlilwur limitalron. lha impMd rantias of merchanlabilily and fitness for a partiesW purpose. Sl Lucie G -tr shall assume no liabirity for: 5.Any nrors, anissnns, or inacwraues in Vie P�91 P.5 'nloimation pwVleed regardless of how caused, or 2. Any decision made or action t®ken or not taken byany person In rel'unce upon arty information ar dale lurnasded hereuMer Packet Pg. 110 LEGAL DESCRIPTION: LOT 11 IN BLOCK 130 OF RIVER PARK UNIT 3 TRACT E , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12. PAGE 22, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. A SURVEYOR'S REPORT: 1. UNLESS OTHERWISE NOTED ONLY PLATTED EASEMENTS ARE SHOWN HEREON. 2. N0 UNDERGROUND UTILITIES OR IMPROVEMENTS WERE LOCATED UNLESS OTHERWISE SHOWN. x 3. THIS SITE LIES WITHIN FLOOD ZONE 'X', ACCORDING TO p THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. 12111CO280 J. EFFECTIVE DATE FEBRUARY 18, 2012. ... 4. FLOOD ZONE SHOWN HEREON IS AN INTERPRETATION BY THE p SURVEYOR AND IS PROVIDED AS A COURTESY. THE FLOOD ABBREVIATIONS: SZONE SHOULD BE VERIFIED BY A DETERMINATION AGENCY. 5TED. BEARINGS SHOW HEREON ARE BASED ON THE EAST LINE OF �P,83 ) MEASURED y LOT 11 AS BEING SOO'03'00"W ACCORDING TO THE PLAT DESCRIBED HEREON. - PLATTED 8. ALL LOT DIMENSIONS SHOWN ARE PER PLAT UNLESS S a CONCRETE BLOCK STRUCTURE OTHERWISE NOTED. ALL SURVEY MEASUREMENTS ARE IN CMP - CORRUGATED METAL PIPE FEET, CLF — CHAIN LINK FENCE 7. ALL MAPPED FEATURES SHOWN HEREON ARE UNDER THE CNS COULD NOT SET DIRECT SUPERVISION AND RESPONSIBILITY OF ALEXANDER CONC CONCRETE FFE - FINISHED FLOOR ELEVATION FND - FOUND 5/8" IRON REBAR IRC - 5/8- IRON REBAR WITH PLASTIC CAP IR — 5/8' IRON REBAR PCOR w PROPERTY CORNER PL w PROPERTY LINE DUDE - PUBLIC UTILITIES AND DRAINAGE EASEMENT R/W - RIGHT--OF—WAY R - RADIUS OF CURVE L - LENGTH OF CURVE A — DELTA OF CURVE . SET 5/8` IRON REBAR WITH PLASTIC CAP 'AJP PSM 6330' J. PIAZZA r5M, INC. 8. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 9. ADDITIONS OR DELETIONS TO THE SURVEY MAP OR REPORT BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT CONSENT OF THE SIGNING PARTY OR PARTIES. PRINCESS DRIVE 60' R/W — 16' ASPHALT ROAD 9 &RNVJ ®�s 2� C WALK FND I >�c Jr. 1 15.15' 2570' 13.95' Cm ?�. LOT 11 BLOCK 136 ! 1 STORY CBS t4 oD'� wei RESIDENCE t ONC ,. 46 24.95 '�k 150.00' SET IRC & FND 1R 0.10'N, 0.38'E IRON 3PIPE LOT 12 BLOCK 136 SET N89'57� I OO W FND 3/4" & FND R . ,.. A A i if IRON PIPE Packet Pg. 111 8.C.6.c This instrument prepared by: Janet LiCausi under the direction of Daniels. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this 9rdday of d 2017, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the County) and ANDREW P. GARRIGAN, whose address is 170 Princess Drive, St. Lucie, FL 34952 (the Owner). WHEREAS, the Owner owns 170 Princess Drive in Port St. Lucie Parcel ID 3419-520-0031-000/8 WHEREAS, the Owner is requesting to install a 4ft chain link fence with two gates across the rear and sides of his property in the drainage/utility easements, as shown on Exhibit "A". WHEREAS, the County is willing to permit the Owner to use the drainage/utility easements for his fence and maintenance around the fence, subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the purpose of installing and maintaining fencing in the County's drainage/utility easements, as indicated on the attached map and incorporated herein as Exhibit "A". 2. The sole purpose of this Revocable License Agreement is to allow the Owner to install fencing and maintain the area around the fence in the drainage/utility easements along the rear and sides of their property and shall not extend to the construction and/or installation of any additional structures or utilities. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to install the fence and maintain the area around the fence at the location identified in Exhibit 1 Packet Pg. 112 8.C.6.c 4. The Owner shall install the fence in accordance with Standard Specification for Public works Construction in St. Lucie County. The fence shall not interfere with the use of the drainage or utility easements of the County or other Utility Services that may be using said easements. Any damage to the easements shall be repaired by the Owner. 5. This Revocable License Agreement shall be binding on future successor and assignees of the Owner provided the Owner give adequate notice to the County pursuant to Paragraph twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer to terminate this Agreement with or without cause and require removal of the fence at the Owner's sole expense upon thirty (30) days written notice to the Owner. The County Engineer may, in lieu of termination, request that the Owner perform certain alterations to the fence and location in the drainage/utility easements mentioned in Exhibit "A" at the Owner's sole expense. However, if such alterations are not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the fence and restoration of the easements and/or property as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of the easements and or County property. 10. The fence on the County's property shall be in accordance with all applicable codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance activity will be subject to the written approval of the County Engineer. 11. The Owner agree to allow County employees access to the location of the fence for County purposes as determined by the County Engineer 2 Packet Pg. 113 8.C.6.c 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owners: Andrew P. Garrigan 170 Princess Drive Port St. Lucie, FL 34952 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. 3 Packet Pg. 114 8.C.6.c IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPETY CLERK BOARD OF COUNTY COMMISSIONERS CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ANDR6V--P G&RAfGAN ,� Y PUB, BONNIE M. BOWIER STATE O F *_ ' ` * MY COMMISSION # FF 215891 / EXPIRES: May 17, 2019 COUNTY OF �P' Bonded Thru Budget Wtary Sere pB V4Q The foregoing instrument was acknowledged before me this day of June— , 2017, by Andrew P. GarLkn who produced ( icons` (type of identification) and who did take an oath. WITNESS my hand and official seal, this S(� day of Jyt/le— , 2017. My commission expires: 4A' RY 4 Packet Pg. 115 8.C.7 ITEM NO. (ID # 4441) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 06/20/2017 *CONSENT AGENDA\COUNTY ATTORNEY County Owned Tax Certificates - Permission to Initiate Tax Deed Application Process The Property Acquisition Division requests permission to authorize the Tax Collector to begin processing tax deed applications on all properties subject to a County owned tax certificate two years or older which have an assessed value of $5,000 or more. Section 197.502(3), Florida Statutes, provides: The County in which the property described in the certificate is located shall apply for a tax deed on all County -held certificates on property valued at $5,000 or more on the Property Appraiser's most recent assessment roll, except deferred payment tax certificates, and may apply for tax deeds on certificates on property valued at less than $5,000 on the Property Appraiser's most recent assessment roll. The application shall be made two years after April 1 of the year of issuance of the certificates or as soon thereafter as is reasonable. Upon application, the County shall deposit with the Tax Collector all applicable costs and fees as provided in subsection (1), but may not deposit any money to cover the redemption of other outstanding certificates covering the property. The application procedure is as follows: 1. Board approval to proceed. 2. Tax Deed Application to Tax Collector with fee. 3. Tax Collector orders the Title Search. 4. Tax Collector provides the Title Search to the Clerk of the Circuit Court. 5. Clerk of the Circuit Court will set the sale date, process for advertisement of the tax deed application and the parties that may have an interest are notified by certified mail and/or Sheriff's service. 6. Sale is held via Internet Auction at <https://stlucie.clerkauction.com>. Packet Pg. 116 8.C.7 7. The successful bidder obtains the property. If no one bids, the County has 90 days to either pay the taxes due and receive a tax deed or place the property on the List of Lands Available for Taxes. Please note that the property owner has up to the minute prior to the tax deed sale to redeem the tax certificates plus expenses and interest that may have accrued during this time. If this happens or someone else bids and receives the tax deed, the County will recoup all the expenses that the County has incurred. If no one bids on the parcel, the County will not recoup the tax deed application fees until the property is purchased from the List of Lands Available for Taxes. The estimated cost for each tax deed application is $775.00. Once authorized to proceed with the tax deed application, the Property Acquisition Division will assemble the tax map and the Property Appraiser's information for all the parcels on the Tax Deed Application List and make the map and information available to other County Departments for review. These departments may have a use now or in the future for the property (i.e. right-of-way, mosquito impoundment, drainage outfall, recreational uses, environmental land preservation, office expansion, etc.). If one of the County Departments has a need for one of the parcels, upon County Commission approval, the County will bid at the sale. If this occurs and no one bids against the County or if the County wins the bid, the County is required to pay all back taxes and final fees in order to obtain a tax deed. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds will be made available in: 001-1900-531000-390016 (Professional Services) 001-1900-549000- 390016 (Advertising) and 001-1900-542000-390016 (Postage). RECOMMENDATION: Staff recommends that the Board authorize staff to initiate Tax Deed Applications for all properties subject to a County Owned Tax Certificate two years or older which have an assessed value of $5,000.00 or more. COMMISSION ACTION: Coordination/Signatures Danie s. McIntyre, Cq,!nty ttorney 6/9/2017 Updated: 6/6/2017 11:15 AM byJoAnn Riley Page 2 Packet Pg. 117 8.C.7.a Cert Purchase Tax Cert Adv # Owner Property Address Account # Assessed Amt # Year Year AL Valu 1148 $ 300.82 2014 2015 1449 Tarpon IV LLC 1809 Avenue Q FP 2404-241-0002-000/1 $ 5,457.00 1467 $ 334.57 2012 2013 2081 Tarpon IV LLC 0 TBD FP 2404-241-0002-000/1 $ 5,457.00 2403 $ 244.43 2014 2015 2858 Baltazar, Francisco 0 N 19th ST FP 2409-605-0061-000/3 $ 5,170.00 2656 $ 301.84 2012 2013 3496 Baltazar, Francisco 0 N 19th ST FP 2409-605-0061-000/3 $ 5,170.00 5960 $ 5,351.36 2014 2015 7378 Melton Homes Inc 158 NW Byron ST PSL 3420-630-0824-000/6 $ 6,921.00 6003 $20,495.55 2014 2015 7431 Merix Builders LLC 636 SW Curry ST PSL 3420-630-1570-000/7 $ 6,788.00 8140 $ 8,517.22 2014 2015 10141 Tarpon IV LLC 206 SE Fiore Bello PSL 4411-701-0306-000/1 $28,600.00 8232 $ 2,237.20 2014 2015 10235 Ard inger- Preserve LLC 244 SE Via Sangro PSL 4414-600-0163-000/5 $ 6,441.00 8762 366.15 2009 2015 10862 Fahr EST Stella 0 TBD CTY 3412-501-0003-000 3 6 300.00 A J CO C d E L 0 R Q Packet Pg. 118 8.C.7.a A T Iq le L 0 V d 0 U x R H E O L 4- y J co C 0 E L 0 R Q Packet Pg. 119 8.C.7.b REQUEST TO START TAX DEED APPLICATION DATE: JUNE 20, 2017 IN ACCORDANCE WITH THE FLORIDA STATUTES AND AS HOLDER OF THE FOLLOWING TAX SALE CERTIFICATES, THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DOES HEREBY REQUEST THE TAX COLLECTOR TO MAKE TAX DEED APPLICATION ON THE FOLLOWING TAX CERTIFICATES AND ALL OTHER CERTIFICATES OF THE SAME LEGAL DESCRIPTION WHICH ARE IN ITS POSSESSION. TAX YEAR PARCEL ID 2012 2404-241-0002-000-1 2012 2409-605-0061-000-3 2014 3420-630-0824-000-6 2014 3420-630-1570-000-7 2014 4411-701-0306-000-1 2014 4414-600-0163-000-5 2009 3412-501-0003-000-3 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chris Dzadovsky, Chairman Packet Pg. 120 County Owned Tax Certifica 8.C.7.c A ENUE AN ENUE U) U U z U) o AVENL E K NW MARION AVE z NWAVON AVE F m F- W AZALEA F- w_ N z AVE > z� O O ¢ z IWAZINE U m U AVE o z z v z z I z z z U NW BILLIAR AVE m_ 2 z NW PRIMA VISTA B_ LVDSWPRIMAVISTABLVD SW BUSWELLAVE U U' 2 � SW BUTLER AVE j m � 2 U SW VIOLET AVE N p � O m_ U xCO SW LUCERO DR U W rn SW DOLORES AVE (n CO z SW ULMAN AVE SW BUXTON AVE m —7 U O w ai a'i Q� rn 3 SW CALMOSO DR h ■ 2009 m 0 N 2012 2014 A SE VIA LAGO N d r+ m C� N <.i k m H C 3 O c O r S �.r IZ m 2 m C N Q ti r O N O N O t,1 c.i O C c� C t V m r.+ Q Packet Pg. 121 8.C.7.d Select Year: 2016 7 Go The 2016 Florida Statutes Title XIV Chapter 197 View Entire Chapter TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS 197.502 Application for obtaining tax deed by holder of tax sale certificate; fees.— (1) The holder of a tax certificate at any time after 2 years have elapsed since April 1 of the year of issuance of the tax certificate and before the cancellation of the certificate, may file the certificate and an application for a tax deed with the tax collector of the county where the property described in the certificate is located. The tax collector may charge a tax deed application fee of $75 and for reimbursement of the costs for providing online tax deed application services. If the tax collector charges a combined fee in excess of $75, applicants shall have the option of using the electronic tax deed application process or may file applications without using such service. (2) A certificateholder, other than the county, who makes application for a tax deed shall pay the tax collector at the time of application all amounts required for redemption or purchase of all other outstanding tax certificates, plus o interest, any omitted taxes, plus interest, any delinquent taxes, plus interest, and current taxes, if due, covering the �? property. In addition, the certificateholder shall pay the costs of resale, if applicable, and failure to pay such costs v within 30 days after notice from the clerk shall result in the clerk's entering the land on a list entitled "lands available v for taxes." N (3) The county in which the property described in the certificate is located shall apply for a tax deed on all county - held certificates on property valued at $5,000 or more on the property appraiser's most recent assessment roll, except deferred payment tax certificates, and may apply for tax deeds on certificates on property valued at less than $5,000 on the property appraiser's most recent assessment roll. The application shall be made 2 years after April 1 of the year of issuance of the certificates or as soon thereafter as is reasonable. Upon application, the county shall deposit with the tax collector all applicable costs and fees as provided in subsection (1), but may not deposit any money to cover the redemption of other outstanding certificates covering the property. (4) The tax collector shall deliver to the clerk of the circuit court a statement that payment has been made for all outstanding certificates or, if the certificate is held by the county, that all appropriate fees have been deposited, and stating that the following persons are to be notified prior to the sale of the property: (a) Any legal titleholder of record if the address of the owner appears on the record of conveyance of the property to the owner. However, if the legal titleholder of record is the same as the person to whom the property was assessed on the tax roll for the year in which the property was last assessed, the notice may be mailed to the address of the legal titleholder as it appears on the latest assessment roll. (b) Any lienholder of record who has recorded a lien against the property described in the tax certificate if an address appears on the recorded lien. (c) Any mortgagee of record if an address appears on the recorded mortgage. (d) Any vendee of a recorded contract for deed if an address appears on the recorded contract or, if the contract is not recorded, any vendee who has applied to receive notice pursuant to s. 197.344(1)(c). (e) Any other lienholder who has applied to the tax collector to receive notice if an address is supplied to the collector. 6/1/2017 1 Packet Pg. 122 8.C.7.d (f) Any person to whom the property was assessed on the tax roll for the year in which the property was last assessed. (g) Any lienholder of record who has recorded a lien against a mobile home located on the property described in the tax certificate if an address appears on the recorded lien and if the lien is recorded with the clerk of the circuit court in the county where the mobile home is located. (h) Any legal titleholder of record of property that is contiguous to the property described in the tax certificate, if the property described is submerged land or common elements of a subdivision and if the address of the titleholder of contiguous property appears on the record of conveyance of the property to the legal titleholder. However, if the legal titleholder of property contiguous to the property is the same as the person to whom the property described in the tax certificate was assessed on the tax roll for the year in which the property was last assessed, the notice may be mailed to the address of the legal titleholder as it appears on the latest assessment roll. As used in this chapter, the term "contiguous" means touching, meeting, or joining at the surface or border, other than at a corner or a single point, and not separated by submerged lands. Submerged lands lying below the ordinary high-water mark which are sovereignty lands are not part of the upland contiguous property for purposes of notification. The statement must be signed by the tax collector or the tax collector's designee. The tax collector may purchase a reasonable bond for errors and omissions of his or her office in making such statement. The search of the official records must be made by a direct and inverse search. "Direct" means the index in straight and continuous alphabetic order by grantor, and "inverse" means the index in straight and continuous alphabetic order by grantee. (5)(a) The tax collector may contract with a title company or an abstract company to provide the minimum information required in subsection (4), consistent with rules adopted by the department. If additional information is required, the tax collector must make a written request to the title or abstract company stating the additional requirements. The tax collector may select any title or abstract company, regardless of its location, as long as the fee is reasonable, the minimum information is submitted, and the title or abstract company is authorized to do business in this state. The tax collector may advertise and accept bids for the title or abstract company if he or she considers it appropriate to do so. 1. The ownership and encumbrance report must include the letterhead of the person, firm, or company that makes the search, and the signature of the individual who makes the search or of an officer of the firm. The tax collector is not Liable for payment to the firm unless these requirements are met. The report may be submitted to the tax collector in an electronic format. 2. The tax collector may not accept or pay for any title search or abstract if financial responsibility is not assumed for the search. However, reasonable restrictions as to the liability or responsibility of the title or abstract company are acceptable. Notwithstanding s. 627.7843(3), the tax collector may contract for higher maximum liability limits. 3. In order to establish uniform prices for ownership and encumbrance reports within the county, the tax collector must ensure that the contract for ownership and encumbrance reports include all requests for title searches or abstracts for a given period of time. (b) Any fee paid for a title search or abstract must be collected at the time of application under subsection (1), and the amount of the fee must be added to the opening bid. (c) The clerk shall advertise and administer the sale and receive such fees for the issuance of the deed and sale of the property as provided in s. 28.24. (6) The opening bid: (a) On county -held certificates on nonhomestead property shall be the sum of the value of all outstanding certificates against the property, plus omitted years' taxes, delinquent taxes, interest, and all costs and fees paid by the county. 6I112017 1 Packet Pg. 123 8.C.7.d (b) On an individual certificate must include, in addition to the amount of money paid to the tax collector by the certificateholder at the time of application, the amount required to redeem the applicant's tax certificate and all other costs and fees paid by the applicant, plus all tax certificates that were sold subsequent to the filing of the tax deed application and omitted taxes, if any. (c) On property assessed on the latest tax roll as homestead property shall include, in addition to the amount of money required for an opening bid on nonhomestead property, an amount equal to one-half of the latest assessed value of the homestead. (7) On county -held or individually held certificates for which there are no bidders at the public sale and for which the certificateholder fails to timely pay costs of resale or fails to pay the amounts due for issuance of a tax deed within 30 days after the sale, the clerk shall enter the land on a list entitled "lands available for taxes" and shall immediately notify the county commission that the property is available. During the first 90 days after the property is placed on the list, the county may purchase the land for the opening bid or may waive its rights to purchase the property. Thereafter, any person, the county, or any other governmental unit may purchase the property from the clerk, without further notice or advertising, for the opening bid, except that if the county or other governmental unit is the purchaser for its own use, the board of county commissioners may cancel omitted years' taxes, as provided under s. 197.447. Interest on the opening bid continues to accrue through the month of sale as prescribed by s. 197.542. (8) Taxes may not be extended against parcels listed as lands available for taxes, but in each year the taxes that would have been due shall be treated as omitted years and added to the required minimum bid. Three years after the day the land was offered for public sale, the land shall escheat to the county in which it is located, free and clear. All tax certificates, accrued taxes, and liens of any nature against the property shall be deemed canceled as a matter of law and of no further legal force and effect, and the clerk shall execute an escheatment tax deed vesting title in the board of county commissioners of the county in which the land is located. (a) When a property escheats to the county under this subsection, the county is not subject to any liability imposed by chapter 376 or chapter 403 for preexisting soil or groundwater contamination due solely to its ownership. However, this subsection does not affect the rights or liabilities of any past or future owners of the escheated property and does not affect the liability of any governmental entity for the results of its actions that create or exacerbate a pollution source. (b) The county and the Department of Environmental Protection may enter into a written agreement for the performance, funding, and reimbursement of the investigative and remedial acts necessary for a property that escheats to the county. (9) Consolidated applications on more than one tax certificate are allowed, but a separate statement shall be issued pursuant to subsection (4), and a separate tax deed shall be issued pursuant to S. 197.552, for each parcel of property shown on the tax certificate. (10) Any fees collected pursuant to this section shall be refunded to the certificateholder in the event that the tax deed sale is canceled for any reason. (11) For any property acquired under this section by the county for the express purpose of providing infill housing, the board of county commissioners may, in accordance with s. 197.447, cancel county -held tax certificates and omitted years' taxes on such properties. Furthermore, the county may not transfer a property acquired under this section specifically for infill housing back to a taxpayer who failed to pay the delinquent taxes or charges that led to the issuance of the tax certificate or lien. For purposes of this subsection only, the term "taxpayer" includes the taxpayer's family or any entity in which the taxpayer or taxpayer's family has any interest. History.—s. 187, ch. 85-342; s. 6, ch. 86-141; s. 27, ch. 86-152; s. 1, ch. 89-286; s. 7, ch. 92-312; s. 14, ch. 93-132; s. 1024, ch. 95-147; s. 1, ch. 96-181; s. 1, ch. 96-219; ss. 3, 4, 5, ch. 99-190; s. 3, ch. 2001-137; s. 9, ch. 2001-252; s. 1, ch. 2003-284; s. 8, ch. 2004-349; s. 1, ch. 2004- 372; s. 49, ch. 2011.151; s. 1, ch. 2013-148; s. 6, ch. 2014-211. Copyright O 1995-2017 The Florida Legislature • Privacy Statement • Contact Us 6/1/2017 1 Packet Pg. 124 8.C.8 ITEM NO. (ID # 4417) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Katherine Barbieri, Asst. County Attorney County Attorney DATE 06/20/2017 *CONSENT AGENDA\COUNTY ATTORNEY Interlocal Agreement between the City of Fort Pierce and St. Lucie County for the Lease of Office Space in the Fort Pierce Parking Garage Attached is an Interlocal Agreement between the City of Fort Pierce and St. Lucie County for the lease of office space in the Fort Pierce Parking Garage for the utilization of the Guardian Ad Litem Program. The lease agreement will be for a term of 15 years at a cost of $67,500.00 for years 4 through 15. The rent will be reduced for the first 3 years of the lease, $30,000.00, $35,000.00 and $40,000.00, respectively, as the County will be responsible for the cost of the design and build out of 9,000 square feet of office space. PREVIOUS ACTION: N/A �I►le�►i:�Ile1�i� I7e[�� Guardian Ad Litem program costs are split between four counties, St. Lucie County, Indian River County, Martin County and Okeechobee County. Guardian Ad Litem revenue is placed in account string 183006- 685-338900-6000. The total project is estimated to cost $270,000, which will be paid initially by St. Lucie County. The funds will be repaid to St. Lucie County in the form of rent credits. RECOMMENDATION: Staff recommends that the Board approve the interlocal agreement and authorize the Chairman to sign the agreement. COMMISSION ACTION: Packet Pg. 125 8.C.8 Coordination/Signatures D- 4anie/S. McIWCnt,orney 6/14/2017 JN Hill, Budget Man 6/12/2017 Updated: 6/14/2017 11:45 AM by Katrina Slay Page 2 Packet Pg. 126 8.C.8.a INTERLOCAL AGREEMENT BETWEEN CITY OF FORT PIERCE AND ST. LUCIE COUNTY GUARDIAN AD LITEM THIS AGREEMENT (the "Agreement") is made and entered into this day of 2017, by and between the City of Fort Pierce, a Florida municipal corporation (hereinafter the "City"), and St. Lucie County, a political subdivision of the State of Florida (hereinafter the "County'). WHEREAS, the County is a political subdivision of the State of Florida and given those powers and responsibilities enumerated in Chapter 125, Florida Statutes; and WHEREAS, the County and City are empowered to enter into interlocal agreements with public agencies, private corporations or other persons, pursuant to Chapter 163, Florida Statutes; and, WHEREAS, Section 29.008, Florida Statutes provides that the Counties within a judicial circuit provide county funding for court related functions, including the staffing and offices for the Guardian Ad Litem Program (GALS); and WHEREAS, the lease for the Guardian Ad Litem for the Nineteenth Judicial Circuit for office space expires on May 20, 2017; and WHEREAS, the County and the City desire to enter into this Interlocal Agreement to provide leased space for GALS. NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein, the parties agree as follows: ARTICLE I. RENTAL AGREEMENT CONCERNING OFFICE SPACE IN FORT PIERCE PARKING GARAGE (A) The County does hereby agree to lease 9000 square feet of tenant improved space for the use and benefit of the G.A.L.S. in that certain building known as the City Parking Garage located at 300 Orange Avenue, Fort Pierce, Florida, more particularly described in Exhibit "A" for a period of fifteen (15) years. (B) RENT The County does hereby agree to pay rent as more particularly described in Exhibit "B" (C) In consideration for the reduced rents in years 1 through 3, the County has agreed to design and build out the 9000 square feet of office space. Additionally, in consideration for the reduced rate, the County has agreed to provide architectural services to the first floor space of 4,000 square feet. S:AATTYAGREEMNT\INTERLOC\FP-GuardianAdLitem Packet Pg. 127 8.C.8.a (D) PAYMENT OF EXPENSES City agrees to maintain the exterior of the premises in first class condition and provide garbage service. The G.A.L.S. shall be responsible for all utilities on the premises, including, but not limited to, electricity, water and sewer (all of which shall be metered individually), internal security, janitorial service, and telephones. Upon completion of build -out and acceptance by the City and County, all newly improved, constructed, or installed infrastructure shall be owned and maintained by the City. ARTICLE II. TERMINATION This agreement may be terminated without cause upon 180 days written notice by either party after year eight. ARTICLE III. NOTICES Any notice, payment, demand, or communication required or permitted to be given by any provision of this Agreement shall be in writing and shall be deemed to have been delivered and given for all purposes, whether or not the same is actually received, if sent by registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: As to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 As to City: Fort Pierce City Manager Post Office Box 1480 Fort Pierce, Florida 34954 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: Fort Pierce City Attorney Post Office Box 1480 Fort Pierce, Florida 34954 or to such other address as the parties may from time to time specify by writing. Any such notice may at any time be waived by the person entitled to receipt of such notice. ARTICLE IV. VENUE Any litigation hereunder shall be in the applicable state or federal court in St. Lucie County, Florida. ARTICLE V. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. ARTICLE VI. RIGHTS OF OTHERS 2 S:AATTYAGREEMNT\INTERLOC\FP-GuardianAdLitem Packet Pg. 128 8.C.8.a Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. ARTICLE VII. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. ARTICLE VII. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the material purposes of this Agreement can be determined and effectuated. ARTICLE IX. ACCESS TO RECORDS Both parties agree to allow either party or the public, to access all documents, papers, letters, or other material made or received in conjunction with the Interlocal. ARTICLE X. WHOLE UNDERSTANDING The Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. ARTICLE XI. AMENDMENTS The Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. ARTICLE XII. EFFECTIVENESS This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their official seals this day of , 2017. 9 S:AATTYAGREEMNT\INTERLOC\FP-GuardianAdLitem Packet Pg. 129 8.C.8.a ATTEST: BY: Deputy Clerk ATTESTS: BY: Clerk a] S:AATTYAGREEMNT\INTERLOC\FP-GuardianAdLitem BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CITY OF FORT PIERCE BY: Mayor APPROVED AS TO FORM AND CORRECTNESS BY: City Attorney Packet Pg. 130 8.C.8.a 2nd Floor of the Building commonly referred to the as the Parking Garage Building. It also has an address of 100 North U5 Highway 1, FP, FL 34950. Also the architectural plans were incorporated during the initial discussion with the City Commission on March 20, 2017. Iff ( „ : �� r ice. r 1 =�- � L.. r '� Itj i t 'I _ A° Byrn � •� I '. — —'__I.._ .c; t.�: _..---. _..._ ,.. yl i --I -�.....I �. oLA - N rn --i H-r �I J I 9 i t \ .l i t 0 U) Ur I ' N is pc I; q' 15 ik_ I I f m1.. V. '.1�.� • .1 �3... • .a x,�, III \ +: •� •5 III i HONKER i� lro G k �l 141-11ii' �il�` Ip i� liliit�� ( 8• FORTPIEROE ,w,.wouo 'ty REDEVELOPMENT AGENCY �....� ron�reaA.nrom+ �'��Qm�n". a. o..�.a�e�..ar r ro«v,w u.e....ar. �,+.w nu; n,awr Exhibit "A" Packet Pg. 131 . 6 8.C.8.a Guardian Ad Litem City of Fort Pierce Lease Proposal New Term Year Cost per Year to Capital Recovery TOTAL SF Proposed Rate Lease Agreement GAL/County Group (Pay to FP) Total Capital $ 270,000.00 9000 Total Utility Cost $ 24,000.00 1 $136,000.00 $105,000.00 9000 $3.33 $30,000.00 2 $121,500.00 $86,500.00 9000 $3.89 $35,000.00 3 $108,000.00 $68,000.00 9000 $4.44 $40,000.00 4 $78,000.00 $10,500.00 9000 $7.50 $67,600.00 5 $67,500.00 $0.00 9000 $7.50 $67,500.00 6 $67,500.00 $0.00 9000 $7.50 $67,500.00 7 $67,500.00 $0.00 9000 $7.50 $67,500.00 8 $67,500.00 $0.00 9000 $7.50 $67,500.00 9 $67,500.00 $0.00 9000 $7.50 $67,500.00 10 $67,500.00 $0,00 9000 $7.50 $67,500.00 11 $67,500.00 $0.00 9000 $7.50 $67,500.00 12 $67,500.00 $0.00 9000 $7.50 $67,500.00 13 $67,500.00 $0.00 9000 $7.50 $67,500.00 14 $67,500.00 $0.00 9000 $7.50 $67,500.00 15 $67,500.00 $0.00 9000 $7.50 $67,500.00 Exhibit "B" Packet Pg. 132 8.D.1 ITEM NO. RES-2017-133 AGENDA REQUEST TO: Board of County Commissioners DATE: 06/20/2017 *CONSENT AGENDA\COMMUNITY SERVICES PRESENTED BY: Renee Scott, Human Services Manager SUBMITTED BY: Human Services Division SUBJECT: Resolution - Donation from WeIlCare Health Plans, Inc. BACKGROUND: WeIlCare Health Plans, Inc. (WeIlCare) is providing a $1,250 donation to St. Lucie County for services that support Family Self Sufficiency. WeIlCare collaborates with community stakeholders and other partners to implement strategies that fill social service gaps. In recognition of the services offered by St. Lucie County/Treasure Coast Community Action Agency, St. Lucie County Community Services is awarded the donation. PREVIOUS ACTION: N/A FINANCIAL IMPACT: These funds were not included in the FY17, therefore a budget needs to be established prior to expenditure. Funds will be deposited into account string (001-6420-366900-6958). RECOMMENDATION: Staff recommends Board approval of the budget resolution and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 133 8.D.1 Coordination/Signatures 6;Z yder,,Community Services Di, r 6/1/2017 anie SWMCInty're,,tyorney 6/11/2017 Jen fer Hill, Budg t Man 6/7/2017 rk 5 er ee 1 ep C o u n t-y"Ad ministrato 6/12/2017 Updated: 6/9/2017 9:08 AM by Katrina Slay Page 2 Packet Pg. 134 8.D.1.a 'XwWellCare SUPPLIER REGISTRATION FORM WELLCARE HEALTH PLANS, INC. 8735 Henderson Road, Tampa, FL 33634 Fax Form to: (813) 206-2486 I Dear Supplier: We thank you for your interest in becoming a Supplier within The WeIlCare Group of Companies, including Comprehensive Health Management, Inc., for the provision of goods and/or services. As part of our supplier registration process, we require that all suppliers complete, sign and return this Form as directed below, including information regarding minority owned business enterprises information. Submittal of this form does not guarantee that a business relationship will be entered into with WeIlCare. Individual / Company Name: St. Lucie County BOCC Main / Coteorate Headquarters Address: 2300 Virginia Avenue City: Fort Pierce Telephone #: 772-462-1777 Contact Name: Beth Ryder E-mail: ryderb@sgucieco.org Billine Address: 2300 Virginia Avenue City: Fort Pierce Overnight Delivery Address: City: Form of Business: []Individual Type of Supplier: ❑Distributor FEIN/SSN: 59-6000835 State: FL Zip Code: Fax #: 772-462-2094 34982 Title: Community Services Director Web Site Address: hfp://www.stiucieco.gov/home State: FL Zip Code: 34982 State: Zip Code: Sole Proprietor ❑Partnership ❑ Corporation ❑Limited Liability Company (LLC) Manufacturer []Service Provider []Consultant Tax Exempt: ❑x Yes ❑ No Standard Industry Code (SIC): Payment Terms: ❑ NET due in 45 days ❑ Discount of_% if paid within _days Is your company a minority or woman -owned business? ❑Yes ❑x No If yes, please check " 4" the appropriate boxes: (see next page for descriptions) ❑51% Woman -owned ❑51%Minority-owned []Native American []African American ❑Asian -Pacific American ❑Hispanic American ❑ Asian -Indian American ❑ Service -Disabled Veteran ❑ Other If yes, please check all boxes that apply for minority or woman -owned business certification type(s): []Small Business Administration (SBA) ❑National Minority Supplier Development Council (NMSDC) ❑National Women's Business Council (NWBC) ❑Women's Business Enterprise National Council (WBENC) Native American Business Alliance (NABA) ❑Regional Minority Supplier Development Council x Government Agency: Local Government ❑ State Agency: State: ❑ Other: UNone of the above categories apply (not certified). Are you, your company, or any of your subcontractors currently, or have you or they ever been excluded, suspended, debarred sanctioned or otherwise ineligible to participate in Federal Health Care Programs, Medicare, or Medicaid? ❑ Yes El No Have you, your employees or subcontractors ever been convicted of a crime under 18 U.S.C. Section 1033, a state or federal felony, or any crime involving dishonesty or breach of trust? ❑ Yes El No If you answered yes to the above, please explain: The undersigned Supplier, on behalf of itself and its employees, agents and subcontractors, acknowledges and agrees to comply with WellCare's code of conduct and business ethics and compliance program, as may be amended from time to time, which provides guidance and oversight to ensure that all work is performed in an ethical and legal manner. Details of the program may be found at the "About Us" or "Corporate Governance" sections of WellCare's web site www.welicare.com. Further, the undersigned Supplier warrants that neither Supplier nor any of its employees, agents or subcontractors have been barred from being awarded a contract or subcontract or from contracting with a unit or agency of the Federal, State or local government as a result of a violation of a law, rule or regulation. The Supplier hereby certifies that the information provided herein is current, complete, and accurate as of the date signed below. The Supplier further agrees to advise WeIIC a of any significant changes in writing. Beth Ryder Community Services Director May 8, Printed Name & Title of Supplier's Signature Date Authorized Representative WellCare Supplier Registration Form (4/20/2009) Packet Pg. 135 8.D.1.a Business Classifications / Definitions Minority -Owned Business Enterprise (MBE) A U.S. business organized for profit, which is at least 51% owned, operated and controlled by one or more socially and economically disadvantaged individuals. In the case of a publicly owned business, at least 51% of the stock is owned by such individuals, and the management and daily business operations are controlled by one or more such individuals. Woman -Owned Business Enterprise (WBE) A U.S. business organized for profit, which is at least 5 1 % owned, operated and controlled by one or more women. In the case of a publicly owned business, at least 51% of the stock is owned by one or more women, and the management and daily business operations are controlled by such individuals. Small Business A U.S. business organized for profit, independently owned and operated, not dominant in its field of operation, and meets the size standards as prescribed in government regulations for specific industries. (Refer to the U.S. Small Business Administration for further information at www.sba.gov.) Small Disadvantaged Business A small business that is at least 51%owned, operated and controlled by one or more socially and economically disadvantaged individuals. In the case of a publicly owned business, at least 51% of the stock is owned by such individuals, and the management and daily business operations are controlled by one or more such individuals. Socially and Economically Disadvantaged • African American — A U.S. citizen whose origins are people of color ("Black") from Africa. • Asian -Indian American — A U.S. citizen whose origins are in India, Pakistan or Bangladesh. • Asian -Pacific American - A U.S. citizen whose origins are in Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, or the U.S. Trust Territories of the Pacific or the Northern Marinas. • Hispanic American - A U.S. citizen of true -born Hispanic heritage from any of the Hispanic -speaking areas of Latin America or the following regions: Mexico, Central America, South America, and the Caribbean basin only. • Native American — A person who is an American Indian, Eskimo, Aleut or Native Hawaiian, and regarded as such by the community of which the person claims to be a part. Native (continental) Americans must be documented members of a North American tribe, band or otherwise organized group of native people who are indigenous to the continental United States and proof can be provided through a Native American Blood Degree Certificate. • Service -Disabled Veterans — U. S. veterans with disabilities incurred or aggravated in the line of duty during active service with the armed forces. WellCare Supplier Registration Form (4/20/2009) Packet Pg. 136 ST. LUCIE COUNTY BOARD OF COUNTY COMNJQSSIONERS CHRIS DZADOVSKY CHAIRMAN DISTRICT 1 TOD MOWRY VICE-CHAIRMAN DISTRICT 2 UNDA BARTZ DISTRICT 3 FRANNIE HUTCHINSON DISTRICT 4 CATHY TOWNSEND District 5 HOWARD TIPTON COUNTY ADMINISTRATOR DAN MCINTYRE COUNTY ATTORNEY MAILING ADDRESS 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 PHONE (772) 462-1777 TDD (772) 462-1428 FAX (772) 462-2094 E-MAIL :;OMM_INFO@STLUCIECO.ORG May 9, 2017 Sandy Hoy Community Advocate, Advocacy & Community Based Programs WeIlCare Health Plans, Inc. 4901 Palm Beach Blvd Suite 80 Fort Myers, FL 33905 Dear Sandy, On behalf of St. Lucie County Community Services, we thank WeIlCare Health Plans, Inc. for your Community Health Investment contribution of $1,250.00 in support of the Family Self -Sufficiency program. The funds will help St. Lucie County residents achieve self-sufficiency. Financial assistance provided will be in support of employment or health services. Thank you again for your generosity. Regards, Beth Ryder Community Services Director St. Lucie County Community Services Department 437 North 7 Street Fort Pierce, FI. 34950 772-462-1777 WEBSITE WWW.STLUCIECO.GOV ST. LUCI Packet Pg. 137 8.D.1.b FUNDING REQUEST FORM Title of Request: Family Self -Sufficiency Program Date of Request: 5/8/17 Amount Requested: $1,250.00 This request is for: ❑x Program or Project ❑ Organizational Support ❑ Other (please describe): Contact Information: St. Lucie County Community Services Organization Name 437 N. 7th Street Street Address Zip Code Fort Pierce Flordia City State 772-462-1777 772-462-2094 Phone Number Fax Number Beth Ryder Community Services Director ryderb@stlucieco.org Contact Name Title Email and / or Telephone Number Renee Scott Human Services Manager scottr@stlucieco.org Executive Leader (if different than contact) Title Email and / or Telephone Number Total Organizational Budget for St. Lucie County/Treasure Coast Community Action Agency for Fy17-18 $517,059. Is your organization tax exempt under 501 (C) (3)?....................................................... ❑ Yes ❑x No Is your organization a designated minority owned business enterprise? ........................ ❑ Yes ❑x No Is your organization a designated disability owned business enterprise? ....................... ❑ Yes ❑x No Is your organization a designated woman owned business enterprise? ......................... ❑ Yes ❑x No 1. Organization' mission statement: To assist the citizens of St. Lucie County toward self-sufficiency in a dignified and cost-effective manner. 2. Organization' geographic service area: St. Lucie County Packet Pg. 138 8.D.1.b 3. Please summarize the purpose of the grant request: Existing grant funds can only serve residents whose income is less than 125% of the federal poverty level (FPL). Many are turned away as they are over the income threshold. Additional funds will allow St. Lucie to expand services to residents whose income is equal to or less than 200% of the FPL. Assistance will be in support of employment or social services with the goal of helping low-income residents achieve self-sufficiency. Assistance may include but is not limited to, transportation, employment supports, hygiene care, food, identification cards or related items. 4. Please summarize the overarchina aoal: To assist residents in becoming self-sufficient through the provision of employment or social services support. 5. Time period of the support: 6/01 /2017- 9/30/2017 6. Is there a publishi The funds requested will be utilized to expand existing programs in St. Lucie County to those residents whose income is equal to or below 200% Federal Poverty Level. Publishing/advertising is not needed as the existing program is already in place. Complete within 30 days of support ending. Date to be completed: 10/31/17 7. Total touches this Community Health Investment supports: 8. Member vignette: 9. Non -Member vignette: 10. Vender Vi Packet Pg. 139 8.D.1.b 2 11. How will this investment be promoted? The program will be promoted through the Community Services Office via referrals from partnering agencies and calls from the community. 12. What is the Community Health Investment supporting (Paragraph): The support provided by the Community Health Investment will enable St. Lucie County Community Services to expand current programs by assisting those who are at or below 200% of the FPL. Many times, residents are in need of basic services in order to obtain employment and become self-sufficient. With the low income threshold in current grant funding, many are referred out to other agencies or left to find resources on their own. The funds requested would fill the gap and help St. Lucie County residents to achieve self-sufficiency. Services may include, transportation, identification cards, employment supports, hygiene care, food, or related items. 13. Outcomes expected with this support: We expect to assist 25-35 individuals with approximately $10 to $200 in support of family self-sufficiency. Packet Pg. 140 RESOLUTION 8.D.1.c 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 WellCare Health Plans, Inc., in the amount of $1,250 as a Community Services donation. The donation will be used to expand Family Self Sufficiency services to persons under 200% of the Federal Poverty Limits. 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 20th day of June, 2017 pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2016-2017, and the County's budget is hereby amended as follows: REVENUE 001-6420-366900-6958 Donations $1,250 APPROPRIATIONS 001-6420-583000-6958 Other Grants and Aids $1,250 After motion and second the vote on this resolution was as follows: Commissioner Chris Dzadovsky, Chairman XXX Commissioner Tod Mowery, Vice Chairman XXX Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED THIS 20TH DAY OF JUNE 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY vh w W Packet Pg. 141 8.D.2 ITEM NO. (ID # 4451) DATE: 06/20/2017 AGENDA REQUEST *CONSENT AGENDA\COMMUNITY SERVICES TO: Board of County Commissioners PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: Memorandum of Understanding with Florida Department of Health - Housing Opportunities for Persons with AIDS. BACKGROUND: The Florida Department of Health (DOH) in St. Lucie County contracts with the U.S. Department of Housing and Urban Development (HUD) to disperse rental assistance funds under the Housing Opportunities for People with AIDS (HOPWA) grant. They have requested County assistance in processing rental and mortgage payments, including rental security deposits, first and last month's rent, if applicable; and late fees against past due rent or mortgage payments as authorized by the DOH on behalf of clients deemed eligible for the HOPWA services. DOH will provide all required documents to facilitate payment and the County will request reimbursement from them with the allowable 7% administrative fee included in the invoice. All granting agency reporting requirements will be completed by DOH. PREVIOUS ACTION: December 15, 2015 - Board approval of the Memorandum of Understanding with Florida Department of Health Housing Opportunities for Persons with AIDS. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the MOU with the Florida Department of Health and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 142 Coordination/Signatures 6;Z yder,,Community Services Di, r fi/5/2017 anie SW're,,t, orney 6/11/2017 rk 5 er ee 1 ep C o u n t-y"Ad min sstrato 6/12/2017 Updated: 6/12/2017 4:50 PM by Mark Satterlee A Page 2 Packet Pg. 143 8.D.2.a MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, is made and entered into this day of , 2017, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as the "Provider", and the ST. LUCIE COUNTY HEALTH DEPARTMENT, 5150 NE Milner Drive, Port St. Lucie, Florida 34983, hereinafter referred to as the "Department." WHEREAS, the Department has received a Housing Opportunities for Persons with AIDS ("HOPWA") grant from the Department of Housing and Urban Development, hereinafter referred to as the "Grant"; and, Grant. WHEREAS, the County is willing and able to assist the Department in the administration of the NOW, THEREFORE, the parties of this Memorandum of Understanding agree as follows Section 1: Purpose The Provider will provide the Department with Utility, Rental and Mortgage Payment assistance (Including utility and rental security deposits, first and last month's rent if applicable and late fees against past due utility, rent or mortgage payments) as authorized by the Department on behalf of clients deemed eligible for HOPWA program Services as authorized by the department. Section 2: Term The term of this Memorandum of Understanding shall begin on July 1, 2017, and end at midnight, Eastern Time, on June 30, 2018. The term of this Memorandum of Understanding may be extended for two additional one year periods upon mutual agreement of the parties. The State of Florida's performance and obligation to pay under this purchase order is contingent upon annual appropriation by the Legislature and the performance of the Sub contractor/Sub-Recipient. Either party may terminate this Memorandum of Understanding with or without cause upon thirty (30) days prior written notice to the other party. Section 3: Location of Work The Work Site of the Provider is located within the City of Fort Pierce, Florida at the following location St. Lucie County Community Services Department 437 North 7th Street Fort Pierce, Florida 34950 The coverage area for services performed by the provider related to this Statement of Work shall be AREA 15 which encompasses Martin, St. Lucie, Indian River and Okeechobee County, Florida. Section 4: Responsibilities of Department The Department will be responsible for providing the Provider with the following in order to facilitate performance of the services outlined within this Statement of Work: 1. Statement of Eligibility verifying that the client is eligible for HOPWA services signed by the HOPWA program supervisor or his/her delegated authority. LO v Packet Pg. 144 8.D.2.a 2. Verification and authorization signed by the HOPWA program supervisor or his/her delegated authority, and specifying the type of payment to be made on behalf of the client, outlining the amounts due and for what time period due and to whom payment is to be made to including payment remittance address. 3. Invoice from the utility company, mortgage company, landlord, property owner and/or authorized representative. 4. W-9 tax form executed by the utility company for tax reporting purposes. mortgage company/holder and/or property owner In addition, the Department will be responsible for the following: Performing on site visits at the provider's location for the purpose of performing programmatic and Fiscal monitoring's (Minimum of once during the contract year). Providing regular technical support, training and programmatic updates to the provider as needed. • Reconciling, Approving and processing invoices of the provider in accordance with the State of Florida Prompt Payment Statutes. Section 5: Provider Sub -Contractor Responsibilities The Provider will be responsible for providing the Department with the following information: 1. Certificate of Liability Insurance effective dates consistent with the term of this Purchase Order. 2. Signed Certification that the provider has not been barred from doing business with the State of Florida (Certificate Regarding Debarment). LO 3. Copy of current W-9 Tax form. 7T In addition the provider will be responsible for the following: Ensuring that Payments on Behalf of clients outlined within this scope of work made on behalf of clients as authorized by the Department are made promptly and prior to the expiration of the commitment date if applicable. Ensuring that program guidelines of the Department related to the HOPWA program including any Federal Guidelines and regulations where applicable are adhered to. Section 6: Deliverables The Provider will provide for utility, rental and mortgage payments including late charges if applicable in addition to security deposits and first and/or last month's rent on behalf of eligible HOPWA clients as requested and authorized by the Department. Section 7: Method of Payment This is a Combination Fixed Rate/Cost Reimbursement purchase order/contract: Cost Reimbursement: The provider will be reimbursed for all payments made on behalf of eligible HOPWA clients as requested and authorized by the Department for the types of payments outlined within this Scope of Work. Fixed Rate: The provider will be reimbursed a fixed rate of 7% of the total amount of each cost reimbursement request (invoice). This rate will be designated as an administrative fee for the provider's services and is consistent with the budgetary administrative services category authorized by the HOPWA 4 Packet Pg. 145 8.D.2.a program which is capped at 7% for Administrative Services provided on behalf of the HOPWA program. Section 8: Invoice Requirements x O The Provider will invoice the Department bi-monthly in accordance with the following invoice periods: 3 For services provided from the 1st through the 15tn day of each calendar month the provider's invoice must o be hand delivered or postmarked no later than the 25t" day of the same month. 2 0 For services provided from the 16t" through the last day of each calendar month the provider's invoice must be hand delivered or postmarked no later than the 10t" day of the following month. as All Invoices should be packaged in accordance with HIPPA policies and must be mailed or hand o delivered to the Florida Department of Health in St. Lucie County, 5150 NW Milner Drive, Port St. Lucie, a FL 34983 ATTN: Finance and Accounting Department. If invoices are mailed they must be post marked o on or before the respective due date or the next business day if the due date falls on a non -business '- day. If invoices are hand delivered they must be received by the respective due date or the next business a day if the due date falls on a non -business day. All invoices must include an itemized list of the E payments provided on behalf of each eligible client identified through the client's identification number; c the name of the individual or company paid, the description of the payment; and the total amount paid. a O The Invoice shall also include a separate line following the sub -total of all payouts made on behalf of the c client, which should indicate the calculation and total owed to the provider/subcontractor for administrative fees at 7% followed by a grand total of the entire invoice. _ Additionally, each invoice must have attached (for each payment made on behalf of the client) the LO following: 7T 1. Copy of the Statement of Eligibility verifying that the client is eligible for HOPWA services signed by the HOPWA program supervisor or his/her delegated authority (Originally sent to the provider/Subcontractor by the Department). 2. Copy of the verification and authorization signed by the HOPWA program supervisor or his/her delegated authority, and specifying the type of payment to be made on behalf of the client, outlining the amounts due and for what time period due and to whom payment is to be made to including payment remittance address. (Originally sent to the provider/Subcontractor by the Department). 3. Copy of the Invoice from the utility company, mortgage company, landlord, property owner and/or authorized representative. (Originally sent to the provider/Subcontractor by the Department). 4. Copy of the check (or cancelled check if available) that was written on behalf of the client by the provider sub -contractor. Section 9: Performance Measures and Financial Consequences For each service payment made on behalf of eligible HOPWA individuals as described in section 6 the provider sub -contractor will submit the following information: 1. Copy of the Statement of Eligibility verifying that the client is eligible for HOPWA services signed by the HOPWA program supervisor or his/her delegated authority (Originally sent to the provider/Subcontractor by the Department). 3 Packet Pg. 146 8.D.2.a 2. Copy of the verification and authorization signed by the HOPWA program supervisor or his/her delegated authority, and specifying the type of payment to be made on behalf of the client, outlining the amounts due and for what time period due and to whom payment is to be made to including payment remittance address. (Originally sent to the provider/Subcontractor by the Department). 3. Copy of the Invoice from the utility company, mortgage company, landlord, property owner and/or authorized representative. (Originally sent to the provider/Subcontractor by the Department). 4. Copy of the check (or cancelled check if available) that was written on behalf of the client by the provider sub -contractor. Financial Consequence: Failure of the provider to submit the information required as outlined within Section 9 (A-D) for each payment made on behalf of each HOPWA client will result in non - reimbursement to the provider for such services claimed. Section 10: Contract Managers. The Contract Managers for this Agreement are as follows: Department: Anette DeFelice Florida Department of Health In St. Lucie County 5150 NW Milner Drive Port St. Lucie, FL 34983 Tel: (772) 462-5658 E-Mail: anette.defelice(@_flhealth.gov Provider: Beth Ryder Community Services Director o 437 N. 7th Street = Fort Pierce, FL 34950 Tel: (772) 462-1777 LO IV E-Mail: ryderb@stlucieco.org A The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. Except as otherwise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. Section 11. Amendment. No amendment, modification or waiver of this Agreement 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 agreement modification, Grantee agrees to use said forms. Section 12. Mediation. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. rd Packet Pg. 147 8.D.2.a Section 13. Venue. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. Section 14. Public Records. The Department 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 Department in conjunction with this Agreement. Specifically, the Department shall 1. Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. 2. 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. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4. Meet all requirements for retaining public records and transfer, at no cost, to the County all o public records and possession of the Vendor/Contractor/Grantee upon termination of the contract x and destroy any duplicate public records that are exempt or confidential and exempt from publicLO r records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. 7- IF THE DEPARTMENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE DEPARTMENT'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 VIRIGNIA AVENUE, FORT PIERCE, FL 34982 Section 15. Entire Agreement. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the date first above written. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISISONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN 5 Packet Pg. 148 8.D.2.a WITNESSES: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY ST. LUCIE COUNTY HEALTH DEPARTMENT BY: NAME: TITLE: S:\atty\agreemnt\health.department.hopwa mou.17.doc 0 uo v Packet Pg. 149 ITEM NO. RES-2017-134 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: Ciinir 'T- BACKGROUND: Murriah Dekle, Transit Manager Community Services DATE: 06/20/2017 *CONSENT AGENDA\COMMUNITY SERVICES LEGISLATIVE Florida Commission for the Transportation Disadvantaged FY18 Trip and Equipment Grant The Florida Commission for the Transportation Disadvantaged (CTD) annually allocates funds to Community Transportation Coordinators for non -sponsored transportation disadvantaged trips. Non - sponsored refers to those trips that are not paid for by another source, such as Medicaid. The total project cost for St. Lucie County for FY18 is $821,140.00. This amount is comprised of the state allocation of $738,964.00 from the CTD with a local match of $82,107.00 from the Transit Municipal Services Taxing Unit (MSTU). In addition, the state also provides a voluntary dollar amount of $62.00 which requires a local match of $7.00, which is also matched using the Transit MSTU. Funds from this allocation will be used to purchase transportation trips for those individuals who qualify under the transportation disadvantaged criteria from July 1, 2017 to June 30, 2018. Services will be provided by Community Transit under the master agreement for transit services. The annual agreement includes acceptance of the award and modification of the reimbursement rate. The current rate for wheelchair trips is $30.57, increasing to $32.93 for FY18, and the current ambulatory rate is $17.83, increasing to $19.21. Annual incremental inflation such as insurance rates and cost of living salary adjustments are a few contributing factors to the rate increases. PREVIOUS ACTION: N/A FINANCIAL IMPACT: A budget must be established to expend these funds. Funds will be deposited into 130224-4410-334491- 400. Matching funds in the amount of $82,114.00 are available through the Transit Municipal Services Taxing Unit Fund 130-4410-582015-400. RECOMMENDATION: Packet Pg. 150 Staff recommends Board approval of the state FY18 Trip and Equipment grant, revised trip rate, application resolution and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures e4�6� yder, Community Services Dir r 5/30/2017 y anie . McIntyre, C my ttorney 6/11/2017 Jen fer Hill, Budget Mana6/8/2017 rk S er ee, Depv. County ministrator' 6/9/2017 Updated: 6/8/2017 12:06 PM by Alvin Hall Page 2 Packet Pg. 151 TO: Howard N. Tipton, County Administrator THROUGH: Mark Satterlee, Deputy County Administrator THROUGH: Jennifer Hill, Interim Office of Management and Budget Director THROUGH: Beth Ryder, Community Services Director /L FROM: Murriah Dekle, Transit Manager fAS!0 DATE: May 30, 2017 SUBJECT: Florida Commission for the Transportation Disadvantaged Trip and Equipment Allocation Grant Background: Authorization is requested to submit a Trip and Equipment Grant application to the Florida Commission for the Transportation Disadvantaged (FCTD). The FCTD annually allocates funds to state Community Transportation Coordinators for non -sponsored transportation disadvantaged trips. Non -sponsored refers to those trips that are not paid for by another funding source, such as Medicaid. Funds are used to purchase transportation trips for those who qualify under the transportation disadvantaged criteria. Funds Available: The total project cost for fiscal year (FY18) is $821,140.00. This amount is comprised of the state allocation of $738,964.00 with a 10% local match of $82,114.00 from the Transit Municipal Services Taxing Unit (MSTU) Fund #130-4410-582015. This includes the state voluntary dollar amount of $62.00 which requires a local match consisting of $7.00, also matched from the Transit MSTU. Recommendation: County Administrator authorization to submit an application to the Florida Commission for the Transportation Disadvantaged for $821,140.00 towards St. Lucie County public transportation. r Hill, Interim Office of Mark S94erlee, Deputy inistrator and Budtret Director 3 i rid k-t I-1c, t 7- a w c a N 'c c M L E 0 V J w /Memo 17-234 ST• LU I Packet Pg. 152 8.D.3.b FY2017-18 Transportation Disadvantaged Trip and Equipment Grant Allocations Trip & Equipment Grant I Voluntary Dollar I Proviso - Statute Formula County FY2017-18 Allocation Local Match 10% Total Funds Funding Local Match (10%) Total Funds Funding Local Match 10% Total Funds FY2017-18 Total Funds Alachua $596,659 $66,295 $662,954 $52 $6 $58 $69,853 $7,761 $77,614 $740,626 Baker $233,963 $25,996 $259,959 $1 $0 $1 $20,227 $2,247 $22,474 $282,434 Bay $414,801 $46,089 $460,890 $20 $2 $22 $51,237 $5,693 $56,930 $517,843 Bradford $211,399 $23,489 $234,888 $1 $0 $1 $12,984 $1,443 $14,427 $249,316 Brevard $1,405,982 $156,220 $1,562,202 $229 $25 $254 $0 $0 $0 $1,562,457 Broward $3,890,054 $432,228 $4,322,282 $944 $105 $1,049 $0 $0 $0 $4,323,331 Calhoun $205,022 $22,780 $227,802 $1 $0 $1 $14,824 $1,647 $16,471 $244,273 Charlotte $440,261 $48,918 $489,179 $28 $3 $31 $0 $0 $0 $489,209 Citrus $533,812 $59,312 $593,124 $24 $3 $27 $0 $0 $0 $593,151 Clay $501,114 $55,679 $556,793 $88 $10 $98 $61,310 $6,812 $68,122 $625,013 Collier $684,409 $76,045 $760,454 $63 $7 $70 $0 $0 $0 $760,524 Columbia $266,170 $29,574 $295,744 $17 $2 $19 $25,796 $2,866 $28,656 $324,419 DeSoto $208,593 $23,177 $231,770 $1 $0 $1 $15,308 $1,701 $17,009 $248,780 Dixie $180,381 $20,042 $200,423 $0 $0 $0 $13,327 $1,481 $14,808 $215,231 Duval $1,702,471 $189,163 $1,891,634 $437 $49 $486 $0 $0 $0 $1,892,120 Escambia $589,116 $65,457 $654,573 $178 $20 $198 $0 $0 $0 $654,771 Flagler $397,098 $44,122 $441,220 $63 $7 $70 $41,206 $4,578 $45,784 $487,075 Franklin $174,010 $19,334 $193,344 $0 $0 $0 $10,522 $1,169 $11,691 $205,035 Gadsden $382,974 $42,552 $425,526 $22 $2 $24 $40,472 $4,496 $44,968 $470,519 Gilchrist $175,616 $19,513 $195,129 $1 $0 $1 $8,008 $890 $8,898 $204,028 Glades $195,594 $21,733 $217,327 $0 $0 $0 $15,802 $1,756 $17,558 $234,884 Gulf $216,226 $24,025 $240,251 $0 $0 $0 $17,170 $1,908 $19,078 $259,329 Hamilton $168,850 $18,761 $187,611 $0 $0 $0 $9,665 $1,074 $10,739 $198,350 Hardee $229,468 $25,496 $254,964 $3 $0 $3 $20,471 $2,275 $22,746 $277,714 Hendry $230,738 $25,638 $256,376 $2 $0 $2 $26,527 $2,947 $29,474 $285,852 Hernando $444,813 $49,424 $494,237 $36 $4 $40 $44,786 $4,976 $49,762 $544,039 Highlands $495,279 $55,031 $550,310 $33 $4 $37 $56,007 $6,223 $62,230 $612,577 Hillsborough $2,044,516 $227,168 $2,271,684 $186 $21 $207 $295,746 $32,861 $328,607 $2,600,497 Holmes $250,145 $27,794 $277,939 $0 $0 $0 $19,878 $2,209 $22,087 $300,026 Indian River $383,656 $42,628 $426,284 $20 $2 $22 $37,635 $4,182 $41,817 $468,123 Jackson $318,457 $35,384 $353,841 $36 $4 $40 $35,070 $3,897 $38,967 $392,848 Jefferson $208,551 $23,172 $231,723 $2 $0 $2 $16,188 $1,799 $17,987 $249,711 Lafayette $163,043 $18,116 $181,159 $0 $0 $0 $9,633 $1,070 $10,703 $1:1,862 Lake $766,272 $85,141 $851,413 $147 $16 $163 $0 $0 $0 $81,576 Lee $1,147,938 $127,549 $1,275,487 $775 $86 $861 $139,561 $15,507 $155,068 $1,431,415 Leon $486,452 $54,050 $540,502 $119 $13 $132 $0 $0 $0 $540,634 Levy $313,610 $34,846 $348,456 $12 $1 $13 $35,195 $3,911 $39,106 $387,575 Liberty $223,278 $24,809 $248,087 $0 $0 $0 $22,372 $2,486 $24,858 $272,945 Madison $210,210 $23,357 $233,567 $0 $0 $0 $17,706 $1,967 $19,673 $253,240 Manatee $724,418 $80,491 $804,909 $82 $9 $91 $0 $0 $0 $804,999 Marion $724,293 $80,477 $804,770 $101 $11 $112 $86,614 $9,624 $96,238 $901,119 Martin $370,164 $41,129 $411,293 $79 $9 $88 $34,858 $3,873 $38,731 $450,112 Miami -Dade $4,264,460 $473,829 $4,738,289 $821 $91 $912 $0 $0 $0 $4,739,201 Monroe $310,421 $34,491 $344,912 $77 $9 $86 $37,669 $4,185 $41,854 $386,852 Nassau $303,922 $33,769 $337,691 $44 $5 $49 $30,747 $3,416 $34,163 $371,902 Okaloosa $464,673 $51,630 $516,303 $27 $3 $30 $0 $0 $0 $516,333 Okeechobee $238,141 $26,460 $264,601 $2 $0 $2 $20,511 $2,279 $22,790 $287,394 Orange $2,872,070 $319,119 $3,191,189 $592 $66 $658 $0 $0 $0 $3,191,848 Osceola $768,667 $85,407 $854,074 $16 $2 $18 $0 $0 $0 $854,092 Palm Beach $3,491,843 $387,983 $3,879,826 $978 $109 $1,087 $0 $0 $0 $3,880,913 Pasco 1 $796,317 $88,480 $884,797 $155 $17 $172 $0 $0 $0 $884,969 Pinellas $3,285,941 $365,105 $3,651,046 $291 $32 $323 $0 $0 $0 $3,651,370 Polk $1,107,450 $123,050 $1,230,500 $178 $20 $198 $0 $0 $0 $1,230,698 Putnam $393,089 $43,677 $436,766 $1 $0 $1 $45,606 $5,067 $50,673 $487,440 Saint Johns $581,624 $64,625 $646,249 $127 $14 $141 $91,894 $10,210 $102,104 $748,494 Saint Lucie $738,964 $82,107 $821,071 $62 $7 $69 $0 $0 $0 $821,140 Santa Rosa $326,611 $36,290 $362,901 $14 $2 $16 $37,405 $4,1561 $41,561 $404,478 Sarasota $1,224,222 $136,025 $1,360,247 $313 $35 $348 $0 $0 $0 $1,360,595 Seminole $927,464 $103,052 $1,030,516 $143 $16 $159 $0 $0 $0 $1,030,675 Sumter $398,248 $44,250 $442,498 $12 $1 $13 $37,260 $4,140 $41,400 $483,911 Suwannee $236,148 $26,239 $262,387 $3 $0 $3 $20,270 $2,252 $22,522 $284,912 Taylor $210,124 $23,347 $233,471 $4 $0 $4 $22,784 $2,532 $25,316 $258,792 Union $180,776 $20,086 $200,862 $0 $0 $0 $7,828 $870 $8,698 $209,560 Volusia $1,303,946 $144,883 $1,448,829 $133 $15 $148 $0 $0 $0 $1,448,978 Wakulla $218,1531 $24,2391 $242,392 $0 $0 $0 $17,381 $1,9311 $19,312 $261,704 Walton $307,8861 $34,2101 $342,096 $7 $1 $8 $35,801 $3,9781 $39,779 $381,883 Washington $235,8741 $26,2081 $262,082 $1 $0 $1 $18,8931 $2,0991 $20,992 $283,075 TOTALS $48,696,907 $5,410,765 $54,107,672 $7,803 $866 $8,669 $1,750,000 $194,444 $1,944,444 $56,060,785 Allocations and match were rounded to whole dollars Rev. 05/19/2017 to W M O N to W to C O r O t� O Q W otS H O ti O N M Ci t70 C d E t t� R r Q Packet Pg. 153 8.D.3.c off Transportation Disadvantaged °`-..t" Trip & Equipment Grant Application Form Legal Name St. Lucie County Board of County Commissioners Federal Employer Identification Number 596000835 Registered Address 2300 Virginia Avenue City and State Fort Pierce, FL Zip Code 34982 Contact Person for this Grant Murriah Dekle Phone Number Format111-111-1111 772-462-3065 E-Mail Address [Required] Deklem@stlucieco.org Project Location [County(ies)] St. Lucie Proposed Project Start Date 07/01/2017 .. . Planning Funds Transferred from Planning Agency Grant Amount - State Allocation [901/6] 738964 Grant Amount - Local Match [10%] 82107 Grant Amount - Proviso [90%] Grant Amount - Proviso Match [10%] Voluntary Dollar Amount 62 Local Match for Voluntary Dollars [In Kind] Tr 'T Total Project Amount 7 $821140 Local Coordinating Board Review IS Required if Requesting Capital Equipment If the purchase of capital equipment is included in this Application Form, the application has been reviewed by the Local Coordinating Board. Signature of Local Coordinating Board Chairperson Date I, the authorized Grant Recipient Representative, hereby certify that the information contained in this form is true and accurate and is submitted in accordance with the 2017-18 Program Manual and Application for the Trip & Equipment Grant. Signature of Grant Recipient Representative Date 2017.05.25 - TripandEquipmentGrantApplicationForrn20l7O522 Form Revised 5/22/17 Packet Pg. 154 8.D.3.d Florida Commission For the Transportation Disadvantaged FISCAL YEAR 2017-18 PROGRAM MANUAL AND APPLICATION FOR THE TRIP & EQUIPMENT GRANT Issued By: FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED 605 Suwannee Street, Mail Station 49 Tallahassee, Florida 32399-0450 850-410-5700 www.fdot.gov/ctd L Packet Pg. 155 8.D.3.d INTRODUCTION The Transportation Disadvantaged Trust Fund is administered by the Florida Commission for the Transportation Disadvantaged (Commission), pursuant to Section 427.0159, Florida Statutes. The purpose of the Transportation Disadvantaged Trust Fund is to provide a dedicated funding source for the operational and planning expenses of the Commission in carrying out its legislative responsibilities. The trust fund is appropriated by the Legislature annually from revenues collected from vehicle registrations and voluntary contributions. The Trip & Equipment Grant program was established to provide opportunities for non -sponsored transportation disadvantaged citizens to obtain access to transportation for daily living needs when they are not sponsored for that need by any other available federal, state or local funding source. This is a reimbursement grant. Grantees must provide service or procure capital equipment before seeking reimbursement. This manual contains information regarding the Transportation Disadvantaged Non -Sponsored Trip & Equipment Grant Program administered by the Commission. Its purpose is to provide program guidance to Community Transportation Coordinators (CTCs) when planning and implementing non -sponsored transportation disadvantaged services and purchasing equipment under this program. This manual is divided into two parts: Program Requirements and the Grant Application Instructions and Forms. Trip & Equipment Grant Program Manual 1 Form Rev. May 19, 2017 Packet Pg. 156 8.D.3.d PART I TRIP & EQUIPMENT GRANT PROGRAM REQUIREMENTS This part of the manual contains requirements of the Trip & Equipment Grant. 1. ELIGIBILITY INFORMATION A. Eligible Recipients For this grant cycle, an eligible recipient is any current Commission approved CTC who has an executed Memorandum of Agreement (MOA) and Transportation Disadvantaged Service Plan (TDSP). The recipient of these funds will be referred to as the Grantee. B. Allowable Expenditures The grant funds allocated from the Transportation Disadvantaged Trust Fund are for the M specific purpose of reimbursing the CTC for a portion of the cost of each passenger trip provided to eligible non -sponsored transportation disadvantaged individuals, or for N equipment to be utilized in the designated service area. The Trip & Equipment Grant Cn funds are to be expended and utilized in accordance with Chapter 427, Florida Statutes; WU Rule 41-2, Florida Administrative Code; Commission policies; the grant agreement; and this grant manual. c� The Grantee shall not use grant funds to supplant or replace funding of transportation disadvantaged services that are currently funded by any federal, state, or local governmental agency. The grant funds shall not be used as a system subsidy to cover other operating costs or deficits. The following is a detailed description of the two areas for which these grant funds may be utilized. (1) Non -sponsored trips: A non -sponsored trip is a one-way trip for an eligible individual who meets the definition of transportation disadvantaged and is not sponsored by any other federal, state, or local government program. These trips are coordinated by the Grantee and can be provided by any conveyance, either publicly or privately owned. These trips originate and/or end in the Grantee's service area for the purpose of health care, shopping, education, employment, recreation, or other life sustaining activities. There shall be an approved eligibility application for each rider who receives a non -sponsored service (trip or bus pass). This documentation shall be made available upon request by CTD Staff or a designee. Personal care attendants (PCAs), escorts, and companions of eligible individuals are not an eligible reimbursement expense. However, they are recognized as a cost of doing business and should be accounted for when determining a rate structure. Trip & Equipment Grant Program Manual 2 Form Rev. May 19, 2017 Packet Pg. 157 8.D.3.d (2) Capital Equipment: Capital equipment is any equipment used to maintain or provide improved or expanded transportation services to the transportation disadvantaged and is utilized within the Grantee's coordinated system. Eligible capital equipment may include, but is not limited to: a. Paratransit vehicles, including small buses, vans, or sedans; b. Wheelchair lifts, ramps, restraints, or other safety equipment; c. Two-way radios and communications equipment (TDD -Telecommunications Device for the Deaf), cell phones, excluding annual service contracts; d. Computer hardware/software; e. Support equipment, other than items specifically identified in this section, above $500 per piece; f. Vehicle procurement, testing, acceptance inspection, and vehicle rehabilitation when the rehabilitation extends the life of the vehicle one year beyond the original expectancy; or g. Initial installation or set-up costs of any of the above items. Capital equipment does not include the acquisition, construction, or improvement Cn of facilities. In addition, funding cannot be used for extended warranties or lu maintenance or service agreements beyond those included with the initial Z purchase of the capital equipment. c� 2. GRANT FUNDING Each year, the Commission will calculate each service area's allocation in accordance with 41-2, FAC. Each service area's anticipated eligible allocation is subject to change based on annual appropriations approved by the Legislature. A maximum of twenty-five percent (25%) of the total Trip & Equipment Grant project budget can be used for the purchase of capital expenditures. Voluntary dollar contributions can only be used to purchase non -sponsored trips and cannot be used to fund capital equipment. LOCAL MATCH REQUIREMENT All match funding must be documented, reasonable, necessary, and related to this project. (1) Trip & Equipment Match - This grant program provides ninety -percent (90%) funding and requires a ten -percent (10%) local cash match generated from local sources. No state or federal government revenues are acceptable as local match. Examples of cash generated from local sources include local appropriations, dedicated tax revenues, private donations, net income generated from advertising and concessions, contract revenues, and farebox revenues. Trip & Equipment Grant Program Manual 3 Form Rev. May 19, 2017 Packet Pg. 158 8.D.3.d (2) Voluntary Dollar Contribution Match - A ten -percent (10%) local cash or in -kind match for the voluntary dollar contributions is required. All in -kind match used as a funding mechanism must be equivalent to a cash value and be documented, reasonable, necessary, and related to this project. Examples of in -kind match that are acceptable to the Commission include non -cash donations, volunteered services, or salaries and fringe benefits. Any service provided with State or Federal government revenues is not accepted as in -kind match. FUNDING PARTICIPATION FORMULA Allocation for Non -Sponsored Trip & Equipment Grant Voluntary dollar contribution for Non -sponsored Trips State 90% 90% Local cash match 10% Local cash or in -kind match 10% TOTAL 100% 100% 3. GRANT APPROVAL All grants are subject to approval by the Commission or its designee. Once i documentation of capital equipment needs, rate model calculation spreadsheets, fixed 0 route service rates, and other information is confirmed, a grant agreement will be forwarded to the recipient for execution. w Costs incurred prior to grant agreement execution cannot be charged to the project, nor will the Commission give retroactive grant agreement execution. Costs incurred by a recipient to prepare and file this agreement are not eligible project costs. 4. INVOICING Invoices for Transportation Disadvantaged Trust Funds will not be honored until the grant agreement has been executed by both the Commission and the Grantee, and is on file at the Commission office. Funds will be expended at the fare structure contained in the approved Transportation Disadvantaged Service Plan and Exhibit B of the grant for the particular type or mode of service. Invoices related to this grant agreement shall be completed in accordance with the Commission's most current Invoicing Procedures for the Provision of Transportation and Capital Equipment. S. CAPITAL EQUIPMENT ADDITIONAL INFORMATION All capital equipment purchases made with funds from the Transportation Disadvantaged o Trust Fund shall be reviewed by the Local Coordinating Board (LCB) and approved by the r Commission prior to grant execution. Equipment purchased shall meet or exceed any 4 applicable Commission accepted minimum specifications. The Commission accepts any u specifications by any local, state, or federal government department. a Trip & Equipment Grant Program Manual 4 Form Rev. May 19, 2017 Packet Pg. 159 8.D.3.d If the Grantee decides to purchase vehicles or other equipment after the date of the Agreement, the Grantee must request the Commission amend the grant to include such equipment. An amended Trip & Equipment Grant Application Form reflecting the capital equipment, reviewed and signed by the LCB, shall be provided to the Commission prior to execution of the amendment. Such amendments must be requested and approved no later than March 315t All vehicles purchased with Transportation Disadvantaged Funds shall be titled to the Grantee, with a lien to the Florida Commission for the Transportation Disadvantaged. Grantees who intend to utilize project vehicles for demand response services should ensure that such services offered to individuals with disabilities, including individuals who use wheelchairs, are equivalent to the level and quality of service offered to individuals without disabilities. The Grantee may only purchase vehicles with Transportation Disadvantaged Trust Funds that the Grantee actually uses to transport eligible transportation disadvantaged passengers in the coordinated system. The Grantee shall notify the Commission in writing of any lease or assignment of operational responsibility of project vehicles and equipment to third -parties. r The Commission shall retain a majority of the interest in all capital equipment until the useful life of such equipment, as defined by the Commission's Capital Equipment Policy, has been expended. At that time, the grantee may dispose of such equipment with the written permission of the Commission in accordance with the Commission's Capital LOU Equipment Procedures. 06 Q Grantees are required to insure vehicles in accordance with requirements of Chapter 427, F.S. Each vehicle or other capital equipment purchase must have insurance coverage for liability, collision, or other property loss. The Commission must be made an additional insured for liability policies and the loss payee for collision or property insurance coverage. The Commission may, after consultation with the Grantee and LCB, transfer any equipment purchased under this grant at such time that it deems the equipment to be underutilized or that it is not being operated for its intended purpose. Prescribed inspection schedules, published by the equipment manufacturer(s), shall be adhered to and appropriately documented to protect the equipment warranties. Preventative maintenance inspection checklists, work (or repair) order which adequately record labor actions, parts replaced, consumables added and any sub -contracted repairs are considered essential records for documentation. The eligible recipient will be responsible for maintenance of software. Trip & Equipment Grant Program Manual 5 Form Rev. May 19, 2017 Packet Pg. 160 8.D.3.d PART II TRIP & EQUIPMENT GRANT APPLICATION INSTRUCTIONS AND FORMS GENERAL INSTRUCTIONS Presented in this part are specific instructions on the preparation of the grant application forms. Although specific instructions on the preparation of the grant application are provided, additional assistance may be obtained by contacting the Commission at (850) 410-5700. A. A complete application package shall be submitted to the Commission and consist of the following forms: Trip & Equipment Grant Application, the Service Rates, Authorizing Resolution, and the Standard Assurances. The application package can be submitted to the assigned CTD project manager via email, with signed originals to follow via mailed to the Commission for the Transportation Disadvantaged, 605 Suwannee Street, MS-49, Tallahassee, FL 32399. B. Local Coordinating Board review is not required for this application unless a request for w capital equipment is included as part of the total project budget. The LCB Chair must P5 sign the grant application indicating that it has been reviewed by the LCB. The LCB review may be obtained after the grant application is submitted, but must be received by the Commission prior to the final execution of the grant. Q C. The grant agreement must contain the rates that will be charged for the services provided to those who are transportation disadvantaged. Except for rates from fixed route providers, an updated Rate Model Calculation Spreadsheet must be provided to support the rates listed on the Service Rates Form for the non -sponsored services. The rate model worksheets are required to be reviewed by the LCB and incorporated into the Transportation Disadvantaged Service Plan. The Trip & Equipment Grant agreement will not be prepared without an LCB approved rate. TIMETABLE JULY 1 Earliest date that grant agreements can be effective for these grant funds. The Commission's fiscal year begins on July 1st each year. Contracts not executed prior to July 1 will begin on the date of execution. MARCH 31 Last day to request Capital Equipment grant amendments. JUNE 30 All Grant Agreements will terminate on June 30t" the following year. AUGUST 15 Deadline for final invoices. Trip & Equipment Grant Program Manual 6 Form Rev. May 19, 2017 Packet Pg. 161 8.D.3.d TRANSPORTATION DISADVANTAGED TRIP & EQUIPMENT GRANT APPLICATION INSTRUCTIONS AND FORMS Except for the following notes, the grant application forms are essentially self-explanatory. If questions arise, please contact the Commission. TRIP & EQUIPMENT GRANT APPLICATION LEGAL NAME: The full legal name of the applicant's organization, not an individual. Name must match the Federal ID number and the information that is registered with MyFloridaMarketPlace. FEDERAL EMPLOYER IDENTIFICATION NUMBER: The number used by all employers within the United States to identify their payroll and federal income tax. Name must match Federal ID number and the information that is registered with MyFloridaMarketPlace. REGISTERED ADDRESS: This should be the grant applicant's mailing address as registered in MyFloridaMarketPlace and will be the address on the grant agreement. This address shall also be consistent with the address associated with your Federal Employer Identification (FEI) Number. CONTACT PERSON, PHONE NUMBER, AND E-MAIL ADDRESS: Provide the name of the person who will be the point of contact, their phone number and email address. PROJECT LOCATION: This is the service area [county(ies)] that the applicant operates in, as identified in the Memorandum of Agreement and the Transportation Disadvantaged Service 3 Plan. CTCs who serve several different service areas should complete a separate application w form for each service area. 06 PROPOSED PROJECT START DATE: The start date shall be July 1st each state fiscal cycle or date of grant agreement execution if later than July 1st. BUDGET ALLOCATION: Using the Commission approved Trip & Equipment Grant Allocations chart, complete each funding category as appropriate. Once each line item is complete, right click on the space provided for the "Total Project Amount." Select "update field" from the drop down box. This will automatically calculate the total project amount. CAPITAL EQUIPMENT REQUEST: Provide a detailed description and estimated total cost of equipment to be purchased with grant funds. Ensure funds requested do not exceed 25% of total project costs. LOCAL COORDINATING BOARD (LCB) REVIEW: The LCB is only required to review the ti application if the CTC is using project funds for capital equipment. If applicable, the LCB CD Chairman must certify, by signing the application, that the LCB has reviewed the grant application. o r a Trip & Equipment Grant Program Manual 7 Form Rev. May 19, 2017 Packet Pg. 162 8.D.3.d SERVICE RATES FORM Complete the Service Rates Form listing the selected passenger mile or passenger trip rates from the approved Rate Model and as listed in the Transportation Disadvantaged Service Plan. Include Fixed Route Bus Pass (Daily, Weekly, Monthly, etc.) costs if grants funds will be used to purchase these types of transportation services. The passes purchased with this grant must be used for Transportation Disadvantaged eligible riders who have been approved for TD services. There shall be an approved eligibility application for each rider who receives a non -sponsored trip or bus pass. This documentation shall be made available upon request by CTD staff or a designee. SAMPLE AUTHORIZING RESOLUTION A resolution authorizing an individual and/or position to sign the grant agreement, amendments, assurances, etc., must be completed by the recipient's governing body. A sample resolution is provided for convenience. It is not required that this sample resolution be used as long as the same basic information is included. The resolution must include signatures. Remember that the resolution can be good for an extended period or for multiple contracts if worded accordingly. The signed resolution may be submitted after the submission of the application but prior to the grant agreement execution. STANDARD ASSURANCESLU W The Standard Assurance form should be signed and dated by the person or position identified in the authorizing resolution. c� Trip & Equipment Grant Program Manual 8 Form Rev. May 19, 2017 Packet Pg. 163 8.D.3.d TRIP & EQUIPMENT GRANT APPLICATION DOCUMENTS ➢ Application Form ➢ Service Rates Forms ➢ Standard Assurances ➢ Sample Authorizing Resolution *Actual forms are "Fill -In" documents and are provided separately.* A Trip & Equipment Grant Program Manual Form Rev. May 19, 2017 9 Packet Pg. 664 8.D.3.d Transportation Disadvantaged Trip & Equipment Grant Application Farm F Legal Name ■ IMM Federal Emplayer ldon i icatron Numher Reaibtareu.ddureas City and swe zip Cods CDntaal Perean for thla Granit Phrons Hunter Fwnratilf-fff ffii Eilail A[idr9ea (Rq redj Wi6d Locatmn fCarj es)j Propoaey=-•)jeci Skirt 6a:e Plannng Furry Tran=_fe'r-2] Barr } a7niig Acancy GrantArrmurd-5MV Allxauan [90%] Grarrtrdnouol- LocallN=h [10%] GrardArnount- Protilso[90%] GrantAwunt- PrOADMatch [10%] YdurdaryroollarAm rd Loal lMaVA for Valuntiq Dolan on PJnKq i Deaeri ron d Cap al EquipTne-rif Amon Lamf Coonjri iotrrng 5o" Review JS r2egvred if Requesting Copuf FgL4xnent 9 me purcria&e of capisaf egaiprrrent is rncluded n 7ria AppfioaWon Fom7, me appfrca iarl nos been revAeweciby Me- LocalCaorat"ncr lag socaf. 5ignatwe of Lucm) Co-wdanat+ng Board Charrperson Oate 1, the a uthorized Grant Recipient Representatiue;, hereby certify that the information contained In this fern is tree and aooLxate and is submitted in acoordance with the 241 7-1E Program Mancal and Applicafron for the Trip g Equpment Grant 5fgnatwe of Grant .Reciprenf Representafive Oats Tdpww"lc"nh3rmf A,pplydlanFamb2Gi 70519 5.M17 F3m Rrgkad 5NY117 Trip & Equipment Grant Program Manual 10 Form Rev. May 19, 2017 Packet Pg. 165 8.D.3.d 76n D6-N-d.9.d Transportation Disadvantaged Trip & Equipment Grant Service Rates Form Applicant Project Location [Cou"iesj] Service Date Effective Date Type of Ser4m Unit of f leasur� C DO 'Transportation fads (Trip or Paesenger blilel Per Unit * �.mh.lat�ry * Wheel Chair * stretcher Bus Pass— Daily Pass Bus Pass —Weekly Pass Bus Pass— Monthly Pass * Arrrbufarory, Wheel Chair QrrdStretcher must all use the same Unit of Measure either "orPasse"yaF 1411fe; Cannot mix, aII must he the same regardless aPTransportation Made_ &w6iARn*d&fta 70SJR R-m RmINd5fi"17 Trip & Equipment Grant Program Manual Form Rev. May 19, 2017 11 Packet Pg. 166 8.D.3.d ��tr� TRANSPORTATION DISADVANTAGED TRIP & EQUIPMENT GRANT STANDARD ASSURANCES The Grantee hereby assures and certifies that; 1. The Grantee has the requisite fiscal, managerial and legal capacity to carry out the Transportation Disadvantaged Program and to receive and disburse Skate funds. 2. The Grantee is aware that the Trip & Equipment Grant is a reimbursement grant. Reimbursement of funds vrill be approved for payment upon receipt of a properly completed invoice with supporting documentation. 3. Trip & Equipment Grant funds will not be used to supplant or replace existing federal, state, or local government funds. 4. The Grantee understands that an -approved -written eligibility application is required and is to be maintained for each rider viho receives a non -sponsored trip or bus pass and such documentation shall be made available upon request by CTD stuff or its designee. 5. The Grantee is mvare that if capital equipment is purchased with these grant funds, equipment must be received by the recipient no later than ]Line 3 0 r 2018. 6. The Grantee recipient is aware that the approved project must be complete by ]Line 30, 2-1)18, which means services must be provided by that date or reimbursement Will nat be -approved. 7. Capital equipment purchased through this grant shall comply with the recipient's competitive procurement requirements or Chapter 287 or Chapter 427, Florida Statutes. This certification is valid for the agreement period for which the grant applicatian is filed. Signature; Date; Name: Title. Aqlanc- Bernice Area: _ 8bndard6murarwmForm2D17U51 a Farm RM" W1 WM17 A Trip & Equipment Grant Program Manual Form Rev. May 19, 2017 12 Packet Pg. 167 8.D.3.d TransportAon Disadvantaged Trip & Equipment Grant Sample Authorizing Resolution A RESOLUTION of the [Grantee;.. hereinafter BOARD, hereby aLrlhorizes She filing and execution of a Transportation Disadvantaged Trip & Equipment Grant Agreerne ntrriih the Florida Commission for the Transportaiion Disadvantaged. WHEREAS this BOARD is eligible to receive a TranspOlation Disadvaniaged Trip & Equipment Grant and to undertake a trans portali on disadvantaged service project as authorized by Section 427.0159, Florida Slatutes, and Rule 41-2. Fla jda AdminiSkalive Code. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD THAT: The BDARD has the authorit/ to enter info this grant agreement. The BDARD auiharizes iPerson or position] to execute the grant agreement, rn w amendments warranties, certifications and any oiherdocuments which may be � required in connection wilh the agreement willh the Florida Commission far She Transportation D isadvani ag ed on behaIfofthe 0 The BDARD'S Regisie red Agent in Florida is The Registered A€ anSs address is: 73 DULY PASSED AND ADOPTED THIS DAY OF , 2817. BOARD OF (Signature of Chairperson) (Typed name of Chairperson) ATTEST: Sig natu %+pk9-:b6U§-.l#LSU L4 F-0 FtKed Sf I V 17 Trip & Equipment Grant Program Manual 13 Form Rev. May 19, 2017 Packet Pg. 168 �.domm,no�e 8.D.3.e Transportation Disadvantaged Transpo nntion Disadvantog¢d Trip & Equipment Grant Service Rates Form isncJvo Applicant St. Lucie County Board of County Commissioners Project Location [County(ies)] St. Lucie Service Rate Effective Date 07/01/2017 now Type of Service Transportation Mode Unit of Measure (Trip or Passenger Mile) Cost Per Unit * Ambulatory Trip 19.21 * Wheel Chair Trip 32.93 * Stretcher Bus Pass — Daily Pass Bus Pass —Weekly Pass Bus Pass — Monthly Pass *Ambulatory, Wheel Chair and Stretcher must all use the same Unit of Measure either Trip or Passenger Mile; Cannot mix, all must be the same regardless of Transportation Mode. c L c� a� E a w Oa a 00 r U- 0 U U- CO w w v M r ti O N W w 972922 Form Revised 5/22/2017 Packet Pg. 169 8.D.3.f Transportation Disadvantaged Trip & Equipment Grant Sample Authorizing Resolution ,L^ V E Q A RESOLUTION of the Grantee hereinafter BOARD, hereby authorizes the filing and execution of w a Transportation Disadvantaged Trip & Equipment Grant Agreement with the Florida Commission for 06 the Transportation Disadvantaged. .2- 00 WHEREAS, this BOARD is eligible to receive a Transportation Disadvantaged Trip & Equipment Grant and to undertake a transportation disadvantaged service project as authorized by Section o 427.0159, Florida Statutes, and Rule 41-2, Florida Administrative Code. ~ U U- Cn W NOW, THEREFORE, BE IT RESOLVED BY THE BOARD THAT: M 1. The BOARD has the authority to enter into this grant agreement. 0 2. The BOARD authorizes (Person or position) to execute the grant agreement, v LU amendments, warranties, certifications and any other documents which may be W required in connection with the agreement with the Florida Commission for the ti Transportation Disadvantaged on behalf of the T 3. The BOARD'S Registered Agent in Florida is The Registered Agents address is: DULY PASSED AND ADOPTED THIS DAY OF 12017. (Signature of Chairperson) (Typed name of Chairperson) ATTEST: Signature SampleResolution20160519 Form Revised 5/19/17 Packet Pg. 170 8.D.3.g RESOLUTION M r WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. r 0 Lucie County, certain funds not anticipated at the time of adoption of the budget have become available N Cn from the Florida commission for the Transportation Disadvantaged Grant Agreement, in the amount of w $738,964. The funding from the Transportation Disadvantaged Agency will fund non -sponsored ti r transportation trips. 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 20th day of June, 2017 pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2016-2017, and the County's budget is hereby amended as follows: REVENUE 130224-4410-334491-400 APPROPRIATIONS 130224-4410-582015-400 Transportation Disadvantage Council on Aging After motion and second the vote on this resolution was as follows: Commissioner Chris Dzadovsky, Chairman Commissioner Tod Mowery, Vice Chairman Commissioner Linda Bartz Commissioner Frannie Hutchinson Commissioner Cathy Townsend PASSED AND DULY ADOPTED THIS 20TH DAY OF JUNE 2017. ATTEST: $738,964 $738,964 XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 171 8.D.3.h SAMAS Approp: 108846 Fund: TDTF FM/Job No(s). 43202718401/43202818401 SAMAS Obj.: 750074 Function: 035 CSFA No. 55.001 Org Code: 55 12 00 00 952 Contract No.: Vendor No.: 59-6000835 FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TRIP & EQUIPMENT GRANT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2017 by and between the d STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created pursuant r- to Chapter 427, Florida Statutes, hereinafter called the Commission, and St. Lucie County Board of Q County Commissioners, 2300 Virginia Avenue, Fort Pierce, Florida 34954, hereinafter called the s Grantee. w 06 WITNESSETH: WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project o hereinafter described, and the Commission has been granted the authority to use Transportation f- Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's u_ transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the w provision of non -sponsored transportation services and other responsibilities identified in Chapter 427, Florida Statutes, or rules thereof; M ti NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, N the parties agree as follows: J, w W 1.00 Purpose of Agreement: The purpose of this Agreement is to: Provide non -sponsored transportation trips and/or capital equipment to the non -sponsored transportation disadvantaged in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Fiscal Year 2017-18 Program Manual and Application for the Trip & Equipment Grant for non -sponsored trips and/or capital equipment, and as further described in this Agreement and in Exhibit(s) A, B, and C, attached hereto and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to provide non -sponsored financial assistance to the Grantee and state the terms and conditions upon which such non -sponsored financial assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. Funds available through this agreement may be used only for non -sponsored transportation services and shall be applied only after all other potential funding sources have been used and eliminated. Grant funds shall not be used to supplant or replace funding of transportation disadvantaged services which are currently funded to a recipient by any federal, state, or local governmental agency. 2.00 Accomplishment of the Project: 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all federal, state and local applicable laws. Trip & Equipment Grant Agreement 2017/2018 Page 1 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 172 8.D.3.h 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Grantee: The Grantee will provide the necessary funds or in -kind contributions necessary for the completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement. Failure by the Grantee to provide such documents, or provide other documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including termination. 2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and provisions of Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida Administrative Code, and the Fiscal Year 2017-18 Program Manual and Application for the Trip & Equipment Grant. 2.60 Monitoring and Evaluation: The law provides that each local coordinating board annually evaluate the performance of the Grantee using evaluation criteria approved by the Commission. A copy of the evaluation report will be given to the designated official planning agency and the Commission. The Grantee must fully cooperate with the local coordinating board in the performance of its duties. The Grantee shall submit to the local coordinating board such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as provided by law, rule or under this agreement. Failure by the Grantee to cooperate with, or to provide such documents or other products to the local coordinating board may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including termination. 3.00 Total Project Cost: The total estimated cost of the Project is $821,140.00. This amount is based upon the amounts summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of $739,026.00 as detailed in Exhibit "B," or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B," whichever is less. Trip & Equipment Grant Agreement 2017/2018 Page 2 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 173 8.D.3.h 4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by any other agency, and then only if a match, as specified in the Fiscal Year 2017-18 Program Manual for the Trip and Equipment Grant, is provided by the Grantee. Trip and Equipment Grant Funds may also be used to purchase capital equipment used for the provision of non -sponsored transportation services. 4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 16.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available; d) Submission of all certifications, invoices, detailed supporting documentation, or other obligating documents and all other terms of this agreement. If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged Trust Funds after the date this Agreement becomes effective, the Grantee must have from the Commission an executed grant amendment prior to the purchase. 4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant agreement, the Grantee must also adhere to the following limitations on the use of Transportation Disadvantaged Trust Funds: 4.31 Transfer of Funds: A Grantee in a non -multi -county designated service area, may not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one designated service area to another without the express written approval of the Commission. 4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation Disadvantaged Trust Funds which the Grantee actually uses to transport eligible transportation disadvantaged passengers in the coordinated system. 4.40 Front End Funding: Front end funding is not applicable. 5.00 Retainage: Retainage is not applicable. Trip & Equipment Grant Agreement 2017/2018 Page 3 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 174 8.D.3.h 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B," carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Article 4.00 of this Agreement and is approved in writing by the Commission. Any budget revision that changes the fund participation requirements established in Article 4.00 of this agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. 6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit "B." This schedule shall show estimated disbursement of Commission funds for the entire term of the Project by month of the fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Commission. Any deviation from the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B." Grantee shall invoice on a monthly basis actual costs that may be above or below (+/-) the amount of the monthly allocation disbursement schedule reflected on Exhibit "B". At times, this may result in "underbilling" or "overbilling". Any excess (underbilled) funds may be recaptured on a monthly invoice that does not exceed the cumulative total of funds disbursed to date with supporting documentation. No excess funds remaining on the grant at the end of the grant period will be reimbursed to the Grantee. Any overpayment of TD funds must be repaid to the Commission upon project completion. Grantee will make every effort to submit invoices within thirty (30) days after the month of service provision. 7.00 Accounting Records, Audits and Insurance: 7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the non -sponsored financing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such non -sponsored financing accounts are referred to herein collectively as the "Project Account." The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. Trip & Equipment Grant Agreement 2017/2018 Page 4 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 175 8.D.3.h Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored" transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 7.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all non -sponsored transportation payments received by it from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds." The Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the deposit of Project funds by the Commission, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State law for the security of public funds, or as approved by the Commission. 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. 7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by, invoices, vehicle titles, and other detailed supporting documentation evidencing in proper detail of the charges The Grantee shall provide upon request, sufficient detailed documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the services rendered or costs incurred were those which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Financial Services. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, within the Grantee's existing accounting system, and, to the extent feasible, kept separate and apart from all other such documents. Trip & Equipment Grant Agreement 2017/2018 Page 5 of 23 Form Rev. 05/25/2017 St. Lucie L c� E w 06 �L 00 U_ LU U u_ M ti r 0 N Ch w 9 Packet Pg. 176 8.D.3.h 7.60 Audits: 1. The administration of resources awarded through the Commission to the Grantee by this Agreement may be subject to audits and/or monitoring by the Commission and the Department of Transportation (Department). The following requirements do not limit the authority of the Commission or the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Grantee shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Grantee's use of state financial assistance may include but not be limited to on -site visits by Commission and/or Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Commission by this Agreement. By entering into this Agreement, the Grantee agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Commission and/or the Department. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Commission, the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Grantee a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded by the Commission through this Agreement is subject to the following requirements: i. In the event the Grantee meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Grantee must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit C to this Agreement indicates state financial assistance awarded through the Commission by this Agreement needed by the Grantee to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Commission by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. Trip & Equipment Grant Agreement 2017/2018 Page 6 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 177 8.D.3.h ii. In connection with the audit requirements, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. iii. In the event the Grantee does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Grantee is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Grantee must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Grantee's audit period for each applicable audit year. In the event the Grantee does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Grantee's resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to both: Florida Department of Transportation State of Florida Auditor General Office of Comptroller, MS 24 Local Government Audits/342 605 Suwannee Street 111 West Madison Street, Room 401 Tallahassee, FL 32399-0405 Tallahassee, FL 32399-1450 Email: FDOTSingleAudit@dot. state. fl.us Email: flaudgen_localgovt@aud.state.fl.us v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. vi. The Grantee, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Grantee in correspondence accompanying the reporting package. Trip & Equipment Grant Agreement 2017/2018 Page 7 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 178 8.D.3.h LV Upon receipt, and within six months, the Department will review the Grantee's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Commission by this Agreement. If the Grantee fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Commission and/or the Department may take appropriate corrective action to enforce compliance. 0 viii. As a condition of receiving state financial assistance, the Grantee shall permit the Commission, the Department, or its designee, DFS or the Auditor General access to the Grantee's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Grantee shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Commission, the Department, or its designee, DFS or the Auditor General access to such records upon request. The Grantee shall ensure that the audit working papers are made available to the Commission, the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Commission and/or the Department. 7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and guarantee liability for minimum coverage as follows: 7.71 Liability: Liability coverage in an amount of $200,000 for any one (1) person, $300,000 per occurrence at all times in which Project vehicles or equipment are engaged. The Grantee shall insure that contracting Transportation Operators also maintain the same minimum liability insurance, or an equal governmental insurance program. 7.72 Collision: Collision, fire, theft, and comprehensive coverage in any amount required to pay for any damages to the Project vehicle(s) and equipment including restoring to its then market value or replacement. 7.73 Property Insurance: The Grantee shall carry fire, theft, and comprehensive coverage property insurance, with replacement cost value, on equipment, other than vehicles, purchased with Transportation Disadvantaged Trust Funds. 7.74 Other Insurance: The above required insurance will be primary to any other insurance coverage that may be applicable. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Grantee: In order to obtain any Transportation Disadvantaged Trust Funds, the Grantee shall: Trip & Equipment Grant Agreement 2017/2018 Page 8 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 179 8.D.3.h 8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its invoice on a form or forms prescribed by the Commission, and such other detailed supporting documentation pertaining to the Project Account and the Project (as listed in Exhibit "B" hereof) as the Commission may require, to justify and support the payment as specified in the L Commission's Grant Agreement and Invoicing Procedures. 8.12 Grantee certifies, under penalty of perjury, that the Grantee will comply with the Q provisions of the Agreement and that all invoices and support documentation will be true s and correct. w 06 8.13 Financial Consequence: Reimbursement payment for transportation services shall not be provided to the Grantee until documentation supporting such services has been approved. In addition, payment shall not be provided to the Grantee for capital until the o capital has been received and proof of payment and other back up documentation as requested is provided to the Commission. The project must be completed (capital received u; and approved by the Grantee) no later than June 30, 2018. w 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission M will honor such invoices in amounts and at times deemed by the Commission to be proper and ti in accordance with this Agreement to ensure the completion of the Project and payment of the N eligible costs. However, notwithstanding any other provision of this Agreement, the Commission w may give written notice to the Grantee that it will refuse to make a payment to the Grantee on L the Project Account if: 8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document or record of data or certification furnished therewith or pursuant hereto; 8.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; 8.23 Required Submittals/Certifications: The Grantee has failed or refused to provide to the Commission detailed documentation of requisitions or certifications of actions taken; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 8.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or Trip & Equipment Grant Agreement 2017/2018 Page 9 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 180 8.D.3.h 8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. 8.30 Disallowed Costs: In determining the amount of the Grantee's payment, the Commission will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment, vehicles or services received under a contract or other arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit "6." 8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or incurred pursuant to this Agreement shall be submitted in accordance with the Commission's invoice procedures in detail sufficient for a proper preaudit and postaudit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, Rules 3A-24, 41-2 and 60A-1, Florida Administrative Code, and the Fiscal Year 2017- 18 Program Manual and Application for the Trip and Equipment Grant is met. 8.50 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or for work or services performed pursuant to this agreement, the Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the Grantee, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Commission may terminate any or all of its obligations under this Agreement. 9.20 Action Subsequent to Notice of Termination or Suspension: Upon receipt of any final termination or suspension notice under this Paragraph, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project Trip & Equipment Grant Agreement 2017/2018 Page 10 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 181 8.D.3.h activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and (3) remit to the Commission such portion of the financing and any advance payment previously received as is determined by the Commission to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the Commission may otherwise have arising out of this Agreement. 9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement for refusal by the Grantee or its contractors to allow public access to all documents, papers, letters, records or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion and after financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of any unexpended balance in the Project Account. 11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the Project at all reasonable times including upon completion of the Project, and without notice. 12.00 Contracts of the Grantee: 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including transportation operator and consultant contracts or amendments thereto, with any third party with respect to the Project without being able to provide, upon request, a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. The Grantee agrees, that by entering into this Agreement, it explicitly certifies that all of its third party contracts will be executed in compliance with this section. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Commission in a project with a Grantee, where the project involves a consultant contract for any service, is contingent on the Grantee complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. The Grantee shall provide, upon request, documentation of compliance with this law to the Commission for each consultant contract it enters. Trip & Equipment Grant Agreement 2017/2018 Page 11 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 182 8.D.3.h 12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the Commission's request, the Grantee shall certify compliance with this law. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of this Agreement, the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, disability, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: The Grantee must comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation, the Regulations of the Federal Department of Justice and the assurance by the Grantee pursuant thereto. 13.30 Prohibited Interests: 13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee from any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work of this agreement or in the performance of any other work for which the Grantee is responsible. Trip & Equipment Grant Agreement 2017/2018 Page 12 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 183 8.D.3.h 13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit or accept funds from any person who has, maintains, or seeks business relations with the Grantee. 13.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement or termination, have or hold any employment or contractual relationship with any business entity in connection with any contract for contractual services which was within his or her responsibility while an employee. 13.35 Former Employees - Consulting Services: The sum of money paid to a former employee of the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this section shall not be applicable to any agreement between the Grantee and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its contractors or their sub -contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities Act, as amended, as it may be amended from time to time. 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The "purpose of lobbying" includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment; telephone; and association dues. The provisions of this paragraph supplement the provisions of Section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. Trip & Equipment Grant Agreement 2017/2018 Page 13 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 184 8.D.3.h 13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133, Florida Statutes. The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting 0 business with a person at the time of the commission of a public entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also not accept any bid Q from, award any contract to, or transact any business with any other person who is under the s same, or substantially the same, control as the person whose name appears on the convicted LU vendor list so long as that person's name appears on the convicted vendor list. 0. •L 13.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the o employment eligibility of: U- 1. all new persons employed by the grantee during the term of the grant agreement to w perform employment duties within Florida; and 2. all new persons, including subcontractors, assigned by the grantee to perform work M pursuant to the contract with the Commission. ti r O N The Commission shall consider the employment by any vendor of unauthorized aliens a violation w of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs R unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. r Refer to the U.S. Department of Homeland Security's website at www.dhs.gov to learn more about E-Verify. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition, reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or equipment are equipped to prevent and control environmental pollution. 14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. Trip & Equipment Grant Agreement 2017/2018 Page 14 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 185 8.D.3.h 14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus and Commissions: By execution of the Agreement, the Grantee represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or Federal law. Provided, that if any of the provisions of the Agreement violate any applicable State or Federal law, the Grantee will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Grantee to the end that the Grantee may proceed as soon as possible with the Project. 14.70 Purchased Vehicles or Equipment: 14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to maintain the vehicles and equipment purchased or financed in whole or in part with Transportation Disadvantaged Trust Funds pursuant to this Agreement in good working order for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations or modifications to the equipment or vehicles without the consent of the Commission. The Grantee shall notify the Commission in writing of any lease or assignment of operational responsibility of project vehicles and equipment to third -persons. 14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles purchased with Transportation Disadvantaged Trust Funds are used to meet the identified transportation needs of the non -sponsored and in support of the service plan established under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation needs of the transportation disadvantaged of the area. Purchased Project equipment and vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and equipment will be used for the period of their useful lives in accordance with the most current Commission policies. The Commission may, after consultation with the Grantee, transfer purchased equipment and vehicles that it deems to be underutilized or that is not being operated for its intended purpose. This underutilized equipment and vehicles will be returned to the Commission at a specified location at a mutually agreeable time. Reimbursement of any equity or interest of the Grantee will be made after another party has assumed the obligations under the terms and conditions of this Agreement or disposal of said items by sale has occurred. The Commission shall make the sole determination of the Grantee's interest and reimbursement. As determined by the Commission, failure to satisfactorily utilize vehicles and equipment that are purchased with Project funds shall be sufficient cause for non-payment by the Commission as provided in Paragraph 8.25. Trip & Equipment Grant Agreement 2017/2018 Page 15 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 186 8.D.3.h 14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is defined in the Commission's Capital Equipment Procedure as incorporated herein by reference. The following applicable process must be used prior to disposition of any capital equipment purchased with these grant funds: a) While the Grantee is still under contract with the Commission and the capital equipment still has useful life, the Grantee must request written approval from the Commission prior to disposing of any equipment purchased or financed in whole or in part pursuant to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the sale of purchased project equipment and vehicles shall be documented in the project file(s) by the Grantee. With the approval of the Commission, these proceeds may be re -invested for any purpose which expands transportation disadvantaged services for the non -sponsored. If the Grantee does not elect to re -invest for purposes which expand transportation disadvantaged services, the gross proceeds from sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original purchase. b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for the Transportation Disadvantaged in accordance with State regulations and statutes. Title to any vehicle purchased with Project funds shall be in the name of the Grantee, subject to lien in favor of the Commission. The Commission will relinquish all interest in the vehicles and equipment when it has reached the end of its useful life and at this time the Commission will satisfy its lien of record. c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and no longer a Commission approved Community Transportation Coordinator, the capital equipment with useful life purchased with these grant funds must be transferred to an eligible recipient in accordance with the Commission's Capital Equipment Procedure. 14.74 Equivalency of Service: In the event that this agreement involves the purchasing of vehicles, upon the Commission's request, the Grantee shall submit to the Commission, certification that such equipment meets or exceeds equivalency of service requirements in accordance with the Commission's Capital Equipment Procedures. Failure to abide by this requirement shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. 15.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend, save, and hold harmless the Commission and all their officers, agents or employees from all suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due to breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or employees. Neither the Grantee nor any of its agents will be liable under this article for damages Trip & Equipment Grant Agreement 2017/2018 Page 16 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 187 8.D.3.h arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar provision of law. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's or any subcontractor's or other entity's negligence. 16.00 Appropriation of Funds: 16.10 The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. If applicable, the Grantee's performance of its obligations under this Agreement is subject to an appropriation by the Grantee's Board of County Commissioners for the purposes set forth hereunder. The Commission acknowledges where the Grantee is a political subdivision of the State of Florida it is authorized to act in accordance with the Grantee's purchasing ordinance(s), laws, rules and regulations. 17.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30, 2018. If the Grantee does not complete the Project within this time period, this agreement will expire. Expiration of this agreement will be considered termination of the Project and the procedure established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by which services may have been provided or equipment funds may have been received as provided in the project description (Exhibit "A"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than August 15, 2018. 18.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 19.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 20.00 Vendors and Subcontractors Rights: 20.10 Vendors (in this document identified as the Grantee) providing goods and services to the Commission will receive payments in accordance with Section 215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be for a period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida Department of Transportation has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services after receiving an approved invoice from the Commission. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. Trip & Equipment Grant Agreement 2017/2018 Page 17 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 188 8.D.3.h If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty per day (as defined by Rule) will be due and payable, in addition to the invoice amount to the Grantee. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests payment. Invoices which have to be returned to a Grantee because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman has been established within the Department of Management Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850) 413-5516. Vendors may also contact the Department of Financial Services Consumer Hotline at 1-800-342-2762. 20.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party contract from the Grantee to a subcontractor for goods or services to be performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following statement: When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of Chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within seven (7) working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of one percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. 21.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the Commission. Trip & Equipment Grant Agreement 2017/2018 Page 18 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 189 8.D.3.h FM/JOB No(s). 43202718401/43202818401 CONTRACT NO. AGREEMENT DATE IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. GRANTEE: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED BY: TITLE: TITLE: Executive Director (Commission Designee) Trip & Equipment Grant Agreement 2017/2018 Form Rev. 05/25/2017 St. Lucie Page 19 of 23 Packet Pg. 190 8.D.3.h FM/JOB No(s). 43202718401/43202818401 CONTRACT NO. AGREEMENT DATE EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES TRIP/EQUIPMENT This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation Disadvantaged and St. Lucie County Board of County Commissioners, 2300 Virginia Avenue, Fort Pierce, Florida 34954. PROJECT LOCATION: St. Lucie County(ies) PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that transportation can be provided to the non -sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Fiscal Year 2017-18 Program Manual and Application for the Trip & Equipment. Services shall be provided and equipment, including vehicles, will be utilized through a coordinated transportation system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code. Trips shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this agreement. Capital equipment will consist of: None. SPECIAL CONSIDERATIONS BY GRANTEE: 1. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the latest Florida Department of Transportation's Guidelines for Acquiring Vehicles or criteria set forth by any other federal, state, or local government agency. SPECIAL CONSIDERATIONS BY COMMISSION: Not applicable. Trip & Equipment Grant Agreement 2017/2018 Page 20 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 191 8.D.3.h FM/JOB No(s). 43202718401/43202818401 CONTRACT NO. AGREEMENT DATE EXHIBIT "B" PROJECT BUDGET AND DISBURSEMENT SCHEDULE This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and St. Lucie County Board of County Commissioners, 2300 Virginia Avenue, Fort Pierce, Florida 34954. I. PROJECT COST: Estimated Project Cost shall conform to those eligible costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and Fiscal Year 2017-18 Program Manual and Application for the Trip & Equipment Grant. Trips shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this agreement. Grantee shall invoice on a monthly basis actual costs that may be above or below (+/-) the amount of the monthly allocation disbursement schedule reflected on Exhibit "B". At times, this may result in "underbilling" or "overbilling". Any excess (underbilled) funds may be recaptured on a monthly invoice that does not exceed the cumulative total of funds disbursed to date with supporting documentation. No excess funds remaining on the grant at the end of the grant period will be reimbursed to the Grantee. Any overpayment of TD funds must be repaid to the Commission upon project completion. Reimbursement payment for transportation services shall not be provided to the Grantee until documentation supporting such services has been approved. In addition, payment shall not be provided to the Grantee for capital until the capital has been received and proof of payment and other back up documentation, as requested, is provided to the Commission. The project must be completed (capital received and approved by the Grantee) no later than June 30, 2018. Grantee will make every effort to submit invoices within thirty (30) days after the month of service provision. Non -sponsored Trips $ 821,071.00 43202718401 Voluntary Dollar 69.00 43202818401 TOTAL $ 821,140.00 II. SOURCE OF FUNDS: Commission for the Transportation Disadvantaged State Funds (no more than 90%) $738,964.00 Local Cash Funds 82,107.00 2017-18 Legislative Proviso Funds .00 Local Cash Funds for 2017-18 Legislative Proviso Funds .00 Voluntary Dollar Contributions 62.00 Monetary Value of In -Kind Match 7.00 Total Project Cost $821,140.00 III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 17 18 Trips 61,646 61,580 61,580 61,580 61,580 61,580 61,580 61,580 61,580 61,580 61,580 61,580 Capital Trip & Equipment Grant Agreement 2017/2018 Page 21 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 192 8.D.3.h TRANSPORTATION DISADVANTAGED TRUST FUND SERVICE RATES EXHIBIT B PAGE 2 OF 2 COMMUNITY TRANSPORTATION COORDINATOR: St. Lucie County Board of County Commissioners EFFECTIVE DATE: TYPE OF SERVICE TO BE PROVIDED UNIT (Passenger Mile, Trip, or Pass) COST PER UNIT $ Ambulatory Trip 18.35 Wheelchair Trip 31.46 Trip & Equipment Grant Agreement 2017/2018 Page 22 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 193 8.D.3.h FM/JOB No(s). 43202718401/43202818401 CONTRACT NO. AGREEMENT DATE EXHIBIT "C" STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Agency: Commission for the Transportation Disadvantaged/Florida Department of Transportation State Project Title: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD) TRIP AND EQUIPMENT GRANT PROGRAM CSFA Number: 55.001 *Award Amount: $739,026.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.001 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS Ar.RFFMFNT- State Project Compliance Requirements for CSFA Number 55.001 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https:Happs.fldfs.com/fsaa/compliance.aspx Trip & Equipment Grant Agreement 2017/2018 Page 23 of 23 Form Rev. 05/25/2017 St. Lucie Packet Pg. 194 8.H.1 ITEM NO. (ID # 4433) DATE: 06/20/2017 AGENDA REQUEST *CONSENT AGENDA\INFORMATION TECHNOLOGY TO: Board of County Commissioners PRESENTED BY: Gee Chow, CIO SUBMITTED BY: Information Technology SUBJECT: Conduent Software License and Services Agreement Amendment No. 7 and Assignment of Contract to Approve Name Change from Xerox to Conduent Government Systems Effective April 1, 2017 BACKGROUND: The Information Technology Department is in the process of upgrading the Banner System to meet the operational needs of the County. The Banner Employee Self Service upgrades will allow county employees to make changes electronically in Banner versus being submitted via paper methods to Human Resources. Example features are the ability to update their address and contact information, enroll in or change direct deposit for their paycheck, make W4 tax exemption changes, and access W2's. Through the user- friendly interface employees will also be able to view their personal, job, and payroll related information such as earnings history, payroll deductions and previous paystubs, freeing Human Resources and payroll staff from recurring administrative tasks and phone calls. Finance Self -Service allows department staff to view operational budget and expenditure information in summary or detail level and to create reusable views of frequently accessed data, simplifying fiscal management for their department and divisions. Staff will be able to compare budget status between fiscal years and model budgets for planning purposes. Finance Self -Service also streamlines the purchasing process by eliminating the complexity of Banner for staff entering requisitions and facilitates electronic approvals for purchase requisitions and budget transfers. Finance Self -Service will improve operational efficiency and staff satisfaction with Banner by simplifying access to timely and relevant financial information without the need for extensive training. The costs associated with making the improvements to these modules is $34,500 for the software purchase and $34,000 for implementation and support services. These funds were already approved in the FY 17 Information Technology budget. PREVIOUS ACTION: November 1, 2008 - BOCC Approved Amendment No. 6 March 11, 2003 - BOCC Approved Amendments No. 2,3,4,5 Packet Pg. 195 8.H.1 September 1995 - BOCC Approved Amendment No. 1 October 29, 1992 - BOCC Approved Original Contract FINANCIAL IMPACT: Sufficient funding for software support and professional services included in the FY 17 Information Technology budget (001-1955-531000-100 and 001-1955-534110-100) RECOMMENDATION: Staff recommends Board approval of Conduent Software License and Services Agreement Amendment No. 7 for the improvements due to the Banner Employee Self Service and Finance Self Service Modules for the partial period from June 1, 2017 to October 31, 2017. These improvements will also be added to the first full Contract Year of November 1, 2017 to October 31, 2018. Staff also recommends the approval of the name change from Xerox to Conduent Goverment Systems on contract C93-10-263 effective April 1, 2017. Staff recommends authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Gee Chow, CIO 6/7/2017 Danie S. McIntyre, Ctty ttorney 6/11/2017 — 15 t/1 � / , /- ;: - Ho and Tipton, Count Administrato 6/12/2017 Updated: 6/9/2017 9:11 AM by Katrina Slay Page 2 Packet Pg. 196 8.H.1.a Form _9 Request for Taxpayer Give Form to the (Rev. December20 Identification Number and Certification requester. Do not Departmentmentofof the Treasury send to the IRS. Internal Revenue Service 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. CONDUENTINCORPORATED N 2 Business name/disregarded entity name, if different from above a, CONDUENT GOVERNMENT SYSTEMS, LLC (TIN 23-2154345) m 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to ❑ Individual/sole proprietor or ❑✓ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate certain entities, not individuals; see instructions on page 3): w ry c a❑ single -member LLC Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► Exempt payee code (if any) 5 p 2 Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting w the tax classification of the single -member owner. code (if any) D a S ❑ Other (see instructions) ► (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) v o P.O. BOX 201322 m 6 City, state, and ZIP code in DALLAS, TX 75320-1322 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. 8 1 -- 2 1 9 1 8 3 6 1 2 1 3 LiaM certitication Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Signature of Here U.S. person Do- a04,11Lw Date► 3/31/17 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. C M 1 Cat. No. 10231X Form W-9 (Rev. 12-2014) Packet Pg. 197 Form W-9 (Rev. 12-2014) 8.H.1.a Page 2 Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINS. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1 a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that is not a single -member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. M M U J J to E N N C N E C L d O C N C O V id 2 Go C d E L v lC r.+ a 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), Packet Pg. 198 Form W-9 (Rev. 12-2014) 8.H.1.a Page 3 Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3. Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the "Limited Liability Company" box and enter "P" in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the "Limited Liability Company" box and in the space provided enter "C" for C corporation or "S" for S corporation. If it is a single -member LLC that is a disregarded entity, do not check the "Limited Liability Company" box; instead check the first box in line 3 "Individual/sole proprietor or single -member LLC." Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for ... THEN the payment is exempt for ... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,0001 1 through 52 Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form '0 1099-MISC are not exempt from backup withholding: medical and health care r_ M payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees 0 Z that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by C certain foreign financial institutions. Therefore, if you are only submitting this form N for an account you hold in the United States, you may leave this field blank. E Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is C N not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code. 4 A —An organization exempt from tax under section 501(a) or any individual = retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities E C—A state, the District of Columbia, a U.S. commonwealth or possession, or m d any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more 4 established securities markets, as described in Regulations section d 1.1472-1(c)(1)(i) V E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) d F—A dealer in securities, commodities, or derivative financial instruments Cn (including notional principal contracts, futures, forwards, and options) that is = registered as such under the laws of the United States or any state G—A real estate investment trust d H—A regulated investment company as defined in section 851 or an entity C registered at all times during the tax year under the Investment Company Act of 1940 v 1—A common trust fund as defined in section 584(a) J i J—A bank as defined in section 581 M K—A broker 3 w L—A trust exempt from tax under section 664 or described in section 4947(a)(1) p M—A tax exempt trust under a section 403(b) plan or section 457(g) plan U) r Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be 4) completed. C Line 5 0 0 Enter your address (number, street, and apartment or suite number). This is where .. the requester of this Form W-9 will mail your information returns. M Line 6 M Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) 3: Enter your TIN in the appropriate box. If you are a resident alien and you do not J have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer J identification number (ITIN). Enter it in the social security number box. If you do not rn have an ITIN, see How to get a TIN below. E If you are a sole proprietor and you have an EIN, you may enter either your SSN 4) or EIN. However, the IRS prefers that you use your SSN. N If you are a single -member LLC that is disregarded as an entity separate from its U) owner (see Limited Liability Company (LLC) on this page), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. 4) Note. See the chart on page 4 for further clarification of name and TIN combinations. L d How to get a TIN. If you do not have a TIN, apply for one immediately. To apply C for an SSN, get Form SS-5, Application for a Social Security Card, from your local Vr SSA office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer C Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer 4) Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer C Identification Number (EIN) under Starting a Business. You can get Forms W-7 and 0 SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). R If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN V.: and write "Applied For" in the space for the TIN, sign and date the form, and give it = to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get = a TIN and give it to the requester before you are subject to backup withholding on d payments. The 60-day rule does not apply to other types of payments. You will be E subject to backup withholding on all such payments until you provide your TIN to L the requester. 0 Note. Entering "Applied For" means that you have already applied for a TIN or that r you intend to apply for one soon. 4 Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Packet Pg. 199 Form W-9 (Rev. 12-2014) 8.H.1.a Page 4 Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual The individual 2. Two or more individuals Ijoint The actual owner of the account or, account) if combined funds, the first individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor -trustee' trust (grantor is also trustee) b. So-called trust account that is The actual owner' not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner' entity owned by an individual 6. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) (A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner individual 8. A valid trust, estate, or pension trust Legal entity, 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax- exempt organization 11. Partnership or multi -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i) (B)) List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. 3 You must show your individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 2. 'Note. Grantor also must provide a Form W-9 to trustee of trust. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: spam@uce.gov or contact them at www.ftc.govlfdtheft or 1-877-I DTH EFT (1-877-438-4338). Visit IRS.gov to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. Packet Pg. 200 8.H.1.b CONDUENT April, 2017 Re: Name Change of Xerox Government Systems, LLC To Our Valued Customer, In January, Conduent Incorporated officially separated from Xerox to become an independent, publicly traded company to enable greater focus on being the leading business process services company. As an independent company, we are better positioned to meet your needs in a rapidly changing world. We have the focus and agility necessary to respond to the demands of the market and to continue to create value for your operations. In order to build our new Conduent brand and create consistency across our business we are transitioning the names by which we do business from their legacy names to a more descriptive name that includes "Conduent". Xerox Government Systems, LLC has changed its name to Conduent Government Systems, LLC. The name change will not affect the contract between Conduent and its customers. Conduent Government Systems, LLC remains the same entity after the name change — the same employees, the same tax identification number, the same rights and obligations under its contracts and the same dedication to its clients. You will notice the change in name on our invoices issued beginning April 1st. We've enclosed an updated W- 9 to assist you in processing our invoice. Please note that payment remittance instructions have not changed at this time with the exception of the bank account beneficiary name. See attached payment instructions and update your records accordingly. Although we have notified the IRS of the name change, it typically takes the IRS 6 to 8 weeks to update their system. So, if you access the IRS's online TIN matching site before early June 2017, you likely will not be able to successfully match the new name with the existing TIN. As such, please allow adequate time for the IRS system update. We never lose sight of the value of your business and our relationship, and we want to reiterate our commitment to provide you with best -in -class solutions and services. Please contact your program manager with any questions. Sincerely, Your Conduent Account Team Q Packet Pg. 201 8.H.1.c CONDUENT AMENDMENT NO.7 TO SOFTWARE LICENSE AND SERVICES AGREEMENT CONDUENT GOVERNMENT SYSTEMS, INC. 130 Division Street Waite Park. MN 56387 FAX Number (320) 257-1479 ("Conduent") and St. Lucie County 2300 Virginia Ave Ft. Pierce, FL 34982 ("Licensee") Original Software License & Services Agreement dated October 29, 1992 {the 'Agreement"). This Amendment No. 7 (the "Amendment"). Effective Date of this Amcndmcnt: June 1. 2017 (the "Amendment Date"). Recitals Whereas, Licensee and Conduent (collectively "the Parties") now desire to amend the Agreement with this Amendment No. 7 , with an Effective Date of June 1, 20I7 to procure additional products and services, and to modify certain terms and provisions of the Agreement, Now therefore, intending to be legally bound, the Parties hereby agree as follows: 1. Defined Terms. Unless specifically defined herein, all terms defined in the Agreement shall have the same meaning when used in this Amendment. The term "Licensed Software" means, collectively and individually, all software licensed to Licensee by Conduent under the Agreement, together with the Component Systems) identified on the attached, and any subsequent, Exhibit L 2. Amendment to and Modification of Agreement_ License of Additional Component System. In addition to the software systems licensed to Licensee by Conduent under the Agreement, Conduent grants Licensee the right to use the additional Licensed Software identified on Exhibit 1 attached to this Amendment on the same terms and conditions set forth in the Agreement as modified by Exhibit 1, including without limitation, any software supplements attached to such Exhibit 1 (the "Software Supplements"). To the extent the terms of Exhibit I and the Software Supplements contradict the terms of the Agreement, the terms of Exhibit I shall govern. 3. Integration Provision. Except as expressly modified by this Amendment, the Agreement shall remain in full force p and effect. As of the Amendment Date, the Agreement, as further amended by this Amendment constitutes the entire V understanding of the parties as regards the subject matter hereof and cannot be modified except by written agreement of the parties. r 2 w 42 c m 5t. Lucie County, FL License Amendment _ Page 1 V to Q Packet Pg. 202 8.H.1.c IN WITNESS WHEREOF, the parties have set their respective hands and seals below. St. Lucie County, FL By: _ Name: Title: Date: C d e t Government Sy ems, LLC By: Name: Louis Schiavone Jr. Title: Vice -President_ Date: �� z' i ff ao c m E T St. Lucie County, FL License Amendment Page 2 v R r-+ Q Packet Pg. 203 8.H.1.c EXHIBIT 1 Licensee-. St. Lucie County Delivery Address: 2300 Vir 'nia Ave Ft Pierce FL 39482 ADDITIONAL LICENSED SOFTWARE EQUIPMENT: Host(s) or client server configuration(s) and/or combinations of host(s) and client server configuration(s) within the United States of America for which Conduent supports the Licensed Software. Licensee acknowledges that certain Component Systems of the Licensed Software may require specific host or client configurations. Licensee, as soon as reasonably practicable, shall provide a detailed written description of the Equipment so that Conduent can confirm that it is configuration on which Conduent supports use of the Licensed Software. Conduent will then advise Licensee whether Conduent supports or does not support use of the Licensed Software on the proposed configuration. If Conduent does not support use of the Licensed Software on the proposed configuration, Licensee must propose a new configuration until Conduent does confirm that it supports use of the Licensed Sotware on the proposed configuration, NOTICE: To use any of the Licensed Software, Licensee must also obtain, install on the Equipment and maintain Conduent-supported versions of certain Oracle Corporation software products and certain software/hardware peripherals. By this notice, Conduent is advising Licensee that Licensee should consult with its Conduent Professional Services representative to obtain a written listing of such necessary Oracle Corporation software products and software/hardware peripherals. LICENSED SOFTWARE: Component System Source Code Licensed? es1no Software Supplement Fee Banner Em io ee Self -Service Yes None S17,250.00 Banner Finance Self -Service Yes None $17,250,00 Total Component Systems Fee: S34 500.00 IMPLEMENTATION/SUPPORT SERVICES: Professional Services Optional/Required Onsite/Remote Fee OASISSB installation test and/or production) Required Onsite $ 8,000.00 Banner SSB Web Tailor Training Required Remote $ 2,000.00 ESS Training — Employee Self -Service O tional Onsite $ 9,000,00 ESS Training —Web Time Entry Optional Onsite $ 8 000.00 FSS Training — Finance Self -Service Optional Onsite $ 8,000.00 Total Pro essional Services Fee. $ 34 000.00 • Travel and living expenses are additional and are billed as incurred. • Optional Services are only needed if the County desires to have detail Employee Self -Service system training, detail Finance Self -Service training and/or if implementing Employee Self -Service's Web Time Entry function. • Proposed price does not include an Oracle Application Software (OAS) license if one is required. 5t Lucie County, FL License Amendment Page 3 Q Packet Pg. 204 8.H.1.c PAYMENT: For each Component System indicated above, Licensee will pay Conduent the entire applicable license fee by thirty (30) days after its Delivery Date. Conduent will invoice Licensee for all other professional services and applicable charges on a monLltly basis, as Conduent renders the services or Licensee incurs the charges, as applicable. The Initial Payment Amount for the Banner Support Services represents the amount due on the First Annual Contract Year Payment Date for improvements for the first full Contract Year. Fees for Improvements for each subsequent Contract Year are payable on the anniversary of the First Annual Contract Year Payment Date. Improvement fees for each Contract Year after the first full Contract Year will be specified by Conduent in an annual invoice and will not exceed l 10% of the amount payable for Improvements for the immediately preceding Contract Year! DELIVERY: Unless otherwise indicated below, each of the Component Systems identified above shall be delivered within sixty (60) days following the Amendment Date. St_ Lucie County, FL License Amendment W ao c d wiwwiw� Page 4 v R r-+ Q Packet Pg. 205 8.H.2 ITEM NO. (ID # 4434) DATE: 06/20/2017 AGENDA REQUEST *CONSENT AGENDA\INFORMATION TECHNOLOGY TO: Board of County Commissioners PRESENTED BY: Gee Chow, CIO SUBMITTED BY: Information Technology SUBJECT: Conduent Technical Currency Agreement Amendment No. 11 and Assignment of Contract to Approve Name Change from Xerox to Conduent Government Systems Effective April 1, 2017 BACKGROUND: The proposed software improvements to the Banner Employee Self Service and Finance Self Service Modules presented in Agenda Item 4433 will results in changes to the technical support and maintenance portion of our current contract C93-10-263. The additional technical maintenance required to support the new Banner modules will result in a partial year payment. The partial year payment amount of $2,875.00 represents the amount due for improvements to the Banner Self Service Modules from June 2017 through October 2017, with the annual contract year payment due November 1, 2017. The funds needed for these changes were already approved in the FY17 Information Technology budget. PREVIOUS ACTION: April 7, 2017 - BOCC Approved Amendment No. 10 November 3, 2015 - BOCC Approved Amendment No. 9 December 16, 2014- BOCC Approved Amendment No. 8 December 20, 2011 - BOCC Approved Amendment No. 7 November 1, 2008 - BOCC Approved Amendment No. 6 March 11, 2003 - BOCC Approved Amendments No. 2,3,4,5 September 1995 - BOCC Approved Amendment No. 1 October 29, 1992 - BOCC Approved Original Contract -StLvi T orilv►I � iT" Sufficient funding for software/technical support are included in the FY 17 Information Technology budget (001-1955-534110-100). RECOMMENDATION: Packet Pg. 206 8.H.2 Staff recommends Board approval of Conduent Technical Currency Agreement Amendment No. 11 for the technical support changes needed as a result of improvements to the Banner Employee Self Service and Finance Self Service Modules for the partial period from June 1, 2017 to October 31, 2017. These improvements will also be added to the first full Contract Year of November 1, 2017 to October 31, 2018. Staff also recommends the approval of the name change from Xerox to Conduent Government Systems on contract C93-10-263 effective April 1, 2017. Staff recommends authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Gee Chow, CIO 6/7/2017 4L),.�dll4p Danie 5. McIntyre, Co my ttorney 6/11/2017 Ho and Tipton, Count Administrate 6/12/2017 Updated: 6/8/2017 8:36 AM by Patty Marston-Duva Page 2 Packet Pg. 207 8.H.2.a CQNDUENT AMENDMENT NO. 11 TO TECHNICAL CURRENCY PROGRAM (TCP) AGREEMENT Conduent Government Systems, LLC. 130 Division Street Waite Park, MN 56397 FAX Number (320) 257-1479 ("Conduent") and St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 ("Licensee") Original Technical Currency Agreement dated October 29, 1992 as amended to date (the "Agreement")between Licensee and SCT Government Systems, Inc. (predecessor in interest to Conduent). This Amendment No. 11 (the "Amendmenf'). Effective Date of this Amendment: June 1. 2017 (the "Amendment Date") LICENSEE AND Conduent, intending to be legally bound, agree as follows: 1. Defined Terms. Unless specifically defined herein, all terms defined in the Agreement shall have the same meaning when used in this Amendment. 2. Amendment to and Modification of Agreement. Conduent agrees to provide Improvements with respect to the additional Component Systems identified in Exhibit 1, attached to this Amendment (the "Exhibit') on the same terms and conditions as the Agreement for the period and for the fee specified in the Fxhibit. The term of the Agreement is deemed to be extended as provided for in the Exhibit for purposes of this Amendment. Any amounts indicated on the Exhibit are in addition to all other amounts payable under the Agreement. 3. Integration Provision. Except as expressly modified by this Amendment, the Agreement shall remain in full force and effect. As of the Amendment Date, the Agreement, as further amended by this Amendment constitutes the entire understanding of the parties as regards the subject matter hereof and cannot be modified except by written agreement of the parties. St Lucie County, FL TCP Amendment Page 1 Packet Pg. 208 8.H.2.a IN WITNESS WHEREOF, the parties have set their respective hands and seals below. St. Lucie County, FL By: _ Name: Title: Date: St. Lucie County, FL TO Amendment Co u n overnment 3 ems, LLC By: Name: Louis Schiavone Jr. Title: Vice -President Date: [Zl � 7 Pag Packet Pg. 209 8.H.2.a EXHIBIT 1 Licensee: St. Lucie County Delivery Address: 2300 Virginia Ave.. Ft Pierce, FL 394L22 PARTIAL YEAR PAYMENT/DUE DATE: June 1, 2017 ($2,875.00 for June, 2017 —October, 2017) FIRST ANNUAL CONTRACT YEAR PAYMENT DATE: November 1, 2017 Client will nay for this product in advance. Baseline Component System Contract Year Begins/Ends First Annual Pa cnt Amount Banner Employee Self -Service November 1, 2017—October 31, 2018 $ 3,450.00 Banner Finance Self -Service November 1, 2017 — October 31, 2018 $ 3,450.00 Total Conduent J" Year Support Fee: $ 6 900.00 Banner Employee Self -Service November 1, 2018 —October 31, 2019 $ 3,795.00 Banner Finance Self -Service November 1, 2018 --October 31, 2019 $ 3,795.00 Total Conduent 2w Year Support Fee. $ 7,590.00 The Partial Year Payment amount of $2,875.00 represents the amount due for Improvements on June 1, 2017 for the period June 1, 2017 to October 31, 2017. The First Annual Payment Amount of $6,900.00 is due on November 1, 2017 and represents the amount due for Improvements for the first full Contract Year of November 1, 2017 to October 31, 201 S. Fees for Improvements for each subsequent Contract Year are payable on the anniversary of the First Annual Contract Year Payment Date of November I'. Improvement fees for each Contract Year after the first full Contract Year will be specified by Conduent in an annual invoice and will not exceed 10% of the amount payable for Improvements for the immediately preceding Contract Year; provided, however, that the Improvement fees for the second full Contract Year are set forth in the table above. St: Lucie County, FL TCP Amendment Page 3 Packet Pg. 210 8.H.2.b CONDUENT April, 2017 Re: Name Change of Xerox Government Systems, LLC To Our Valued Customer, In January, Conduent Incorporated officially separated from Xerox to become an independent, publicly traded company to enable greater focus on being the leading business process services company. As an independent company, we are better positioned to meet your needs in a rapidly changing world. We have the focus and agility necessary to respond to the demands of the market and to continue to create value for your operations. In order to build our new Conduent brand and create consistency across our business we are transitioning the names by which we do business from their legacy names to a more descriptive name that includes "Conduent". Xerox Government Systems, LLC has changed its name to Conduent Government Systems, LLC. The name change will not affect the contract between Conduent and its customers. Conduent Government Systems, LLC remains the same entity after the name change — the same employees, the same tax identification number, the same rights and obligations under its contracts and the same dedication to its clients. You will notice the change in name on our invoices issued beginning April 1st. We've enclosed an updated W- 9 to assist you in processing our invoice. Please note that payment remittance instructions have not changed at this time with the exception of the bank account beneficiary name. See attached payment instructions and update your records accordingly. Although we have notified the IRS of the name change, it typically takes the IRS 6 to 8 weeks to update their system. So, if you access the IRS's online TIN matching site before early June 2017, you likely will not be able to successfully match the new name with the existing TIN. As such, please allow adequate time for the IRS system update. We never lose sight of the value of your business and our relationship, and we want to reiterate our commitment to provide you with best -in -class solutions and services. Please contact your program manager with any questions. Sincerely, Your Conduent Account Team Packet Pg. 211 8.H.2.c Form _9 Request for Taxpayer Give Form to the (Rev. December20 Identification Number and Certification requester. Do not Departmentmentofof the Treasury send to the IRS. Internal Revenue Service 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. CONDUENT INCORPORATED N 2 Business name/disregarded entity name, if different from above a, CONDUENT GOVERNMENT SYSTEMS, LLC (TIN 23-2154345) m 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to ❑ Individual/sole proprietor or ❑✓ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate certain entities, not individuals; see instructions on page 3): w ry c a❑ single -member LLC Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► Exempt payee code (if any) 5 p 2 Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting w the tax classification of the single -member owner. code (if any) D a S ❑ Other (see instructions) ► (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) v o P.O. BOX 201322 m 6 City, state, and ZIP code in DALLAS, TX 75320-1322 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. 8 1 -- 2 1 9 1 8 3 6 1 2 1 3 LiaM certitication Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Signature of Here U.S. person Do- a04,11Lw Date► 3/31/17 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev. 12-2014) Packet Pg. 212 Form W-9 (Rev. 12-2014) 8.H.2.c Page 2 Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINS. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1 a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that is not a single -member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. M r� U J J to E d y fn C d E a d O C d 3 C O U V N 2 00 a O E t t) M Q 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), Packet Pg. 213 Form W-9 (Rev. 12-2014) 8.H.2.c Page 3 Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3. Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the "Limited Liability Company" box and enter "P" in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the "Limited Liability Company" box and in the space provided enter "C" for C corporation or "S" for S corporation. If it is a single -member LLC that is a disregarded entity, do not check the "Limited Liability Company" box; instead check the first box in line 3 "Individual/sole proprietor or single -member LLC." Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for ... THEN the payment is exempt for ... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,0001 1 through 52 Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. -0 Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Z Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is C not required by providing you with a Form W-9 with "Not Applicable" (or any d similar indication) written or printed on the line for a FATCA exemption code. E A —An organization exempt from tax under section 501(a) or any individual C retirement plan as defined in section 7701(a)(37) d B—The United States or any of its agencies or instrumentalities Q C—A state, the District of Columbia, a U.S. commonwealth or possession, or = any of their political subdivisions or instrumentalities d D—A corporation the stock of which is regularly traded on one or more E established securities markets, as described in Regulations section d 1.1472-1(c)(1)(i) i E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments V (including notional principal contracts, futures, forwards, and options) that is y registered as such under the laws of the United States or any state i G—A real estate investment trust 3 U H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of V 1940 I —A common trust fund as defined in section 584(a) s t) J—A bank as defined in section 581 H K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be V completed. Line 5 M Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. Line 6 Enter your city, state, and ZIP code. () J Part I. Taxpayer Identification Number (TIN) J Enter your TIN in the appropriate box. If you are a resident alien and you do not to E have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer y identification number (ITIN). Enter it in the social security number box. If you do not N have an ITIN, see How to get a TIN below. >% If you are a sole proprietor and you have an EIN, you may enter either your SSN U) or EIN. However, the IRS prefers that you use your SSN. _ If you are a single -member LLC that is disregarded as an entity separate from its d owner (see Limited Liability Company (LLC) on this page), enter the owner's SSN E (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC 4)is classified as a corporation or partnership, enter the entity's EIN. 4) Note. See the chart on page 4 for further clarification of name and TIN C combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply rr for an SSN, get Form SS-5, Application for a Social Security Card, from your local 4) SSA office or get this form online at www.ssa.gov. You may also get this form by '0 calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer C Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer V Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer U Identification Number (EIN) under Starting a Business. You can get Forms W-7 and N SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM = (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it y to the requester. For interest and dividend payments, and certain payments made E with respect to readily tradable instruments, generally you will have 60 days to get t a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be M subject to backup withholding on all such payments until you provide your TIN to Q the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Packet Pg. 214 Form W-9 (Rev. 12-2014) 8.H.2.c Page 4 Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual The individual 2. Two or more individuals Qoint The actual owner of the account or, account) if combined funds, the first individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor -trustee' trust (grantor is also trustee) b. So-called trust account that is The actual owner' not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner' entity owned by an individual 6. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) (A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner individual 8. A valid trust, estate, or pension trust Legal entity, 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax- exempt organization 11. Partnership or multi -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i) (B)) List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. 3 You must show your individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 2. 'Note. Grantor also must provide a Form W-9 to trustee of trust. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: spam@uce.gov or contact them at www.ftc.govlfdtheft or 1-877-I DTH EFT (1-877-438-4338). Visit IRS.gov to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. Iq CV) Q1 J J to E tU y U) r.+ C tU E C L O O C O 7 C O U V tV 2 00 rr a O E t t) M Q Packet Pg. 215 8.H.3 ITEM NO. (ID # 4448) TO: PRESENTED BY: SUBMITTED BY: 411 1:146 BACKGROUND: DATE AGENDA REQUEST Board of County Commissioners Gee Chow, CIO Information Technology Gartner, Inc Service Agreement Amendment No. 2 06/20/2017 *CONSENT AGENDA\INFORMATION TECHNOLOGY The County entered into an agreement with Gartner, Inc on August 29, 2016 for subscription based research, advisory and comparative measurement services to support the Information Technology department and to assist with overall technology cost savings for the County. The contract was in the amount of $49,596 which did not require Board approval. The first amendment to the agreement was processed on September 16, 2016 to correct an error made to the start date on contract C16-09-389, from October 1, 2016 to September 1, 2016. We are now seeking to change the effective end date of the original contract thus shortening the original term from twelve months to nine months. The second amendment will now have the contract ending on May 31, 2017 and the new start date of June 1, 2017. By renewing the existing contract early, we are able to take advantage of a cost savings credit in the amount of $12,399.00 as well as acquiring a new module which will allow for access to more in-depth reference and insight modules from Gartner. The new contract term will be from June 1, 2017 to May 31, 2018. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds available in Information Technology budget, account string #001-1955-531000-100 (Professional Services). Staff recommends Board approval of Gartner, Inc Service Agreement Amendment No. 2 to modify the existing contract C16-09-389 to a new effective start date of 6/1/2017 with the new contract amount requiring a payment of $44,773.00 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 216 8.H.3 Coordination/Signatures 704AAWAM. OUALAI- William Martin, Security Administrator 6/6/2017 Ua—niefS. McIntyre, Xmy ttorney 6/11/2017 Ho and Tipton, Count Administrate 6/12/2017 Updated: 6/9/2017 12:15 PM by Katrina Slay Page 2 Packet Pg. 217 8.H.3.a Gartner, Inc. Service Agreement for St. Lucie County ("Client") This Service Agreement ("SA") is between Gartner, Inc. of 56 Top Gallant Road, Stamford, CT 06904 ("Gartner") and St. Lucie County of 2300 Virginia Ave, Fort Pierce, FL 34982 ("Client"), and includes the Master Client Agreement between Gartner and Client or Client's parent or affiliate Florida ACS Contract 973-501-12-ACS dated 6/7/12 the terms of which are incorporated by reference, and all applicable Service Descriptions. This SA constitutes the complete agreement between Gartner and Client. Client agrees to subscribe to the following Services for the term and fees set forth below N 1. DEFINITIONS AND ORDER SCHEDULE: Services are the subscription -based research and related services purchased by Client in the Order Schedule below and described in the Service Descriptions. Service Names and Levels of Access are defined in the Service Descriptions. Gartner may periodically update the names and the deliverables for each Service. If Client adds Services or upgrades the level of service or access, an additional Service Agreement will be required. Service Descriptions describe each Service purchased, specify the deliverables for each Service, and set forth any additional terms unique to a specific Service. Service Descriptions for the Services purchased in this SA may be viewed and downloaded through the hyperlinks listed in Section 2 below or may be attached to this SA in hard copy, and are incorporated by reference into this SA Service Name Level of Number of Users Name of User Contract Term Contract Term End Date Annual Fee Total Fee $ Access to be Licensed Start Date Gartner Executive Programs Member Basic 1 Gee Chow June 1, 2017 May 31, 2018 Included $57, 172.00 IT News and Insight from Gartner Reference 1 To Be Assigned June 1, 2017 May 31, 2018 Included Included Subtotal Services: $57,172.00 Less Credit: ($12,399.00) Total Services: (Excluding applicable sales tax) $44,773.00 REPLACEMENT OF SERVICES. Upon execution by both parties, this SA shall cancel the previous Service Agreement with a Contract start date of 01-September 2016, between Client and Gartner (the "Contract"). Client will receive a credit, which represents the portion of the fee paid by Client applicable to the remaining, unfulfilled Term of the Contract. This credit will be applied to the invoice for this Service Agreement, and is subject to confirmation of the payment previously made to Gartner. 2. SERVICE DESCRIPTIONS: Service Name/ Level of Access Service Description URL Gartner Executive Programs Member Basic http://www.gartner.com/it/sd/sd_ep_member_basic.pdf IT News and Insight from Gartner hftp://sd.gartner.com/sd it news insi ht. df Gartner, Inc. - Service Agreement for use with a Master Client Agreement - Version 04116 - Page 1 of 2 Packet Pg. 218 8.H.3.a 3. PAYMENT TERMS Gartner will invoice Client in advance for all Services. Payment is due 30 days from the invoice date. Client shall pay any sales, use, value- added, or other tax or charge imposed or assessed by any governmental entity upon the sale, use or receipt of Services, with the exception of any taxes imposed on the net income of Gartner. Please attach any required Purchase Order ("PO") to this SA and enter the PO number below. If an annual PO is required for multi -year contracts, Client will issue the new PO at least 30 days prior to the beginning of each subsequent contract year. Any pre-printed or additional contract terms included on the PO shall be inapplicable and of no force or effect. All PO's are to be sent to purchaseorders g,gartner.com. This SA may be signed in counterparts. 4. CLIENT BILLING INFORMATION Purchase Order Number Invoice Recipient Name 5. AUTHORIZATION Client: Signature/Date Print Name and Title IF USING A DIGITAL SIGNATURE, PLEASE CONFIRM THE FOLLOWING AS A CONDITION OF CONTRACT EXECUTION: [ ] By ticking this box, I agree that by affixing my digital signature hereunder I am attesting that: (i) this is my own personal legal signature; and (ii) I am a duly authorized signatory for my company. My signature verifies that the information provided to Gartner hereunder is subscribed by me, under penalty of false statement and material breach of contract. Billing Address Invoice Recipient Email Gartner, Inc. Signature/Date Print Name and Title Invoice Recipient Tel. No. N Gartner, Inc. - Service Agreement for use with a Master Client Agreement - Version 04116 - Page 2 of 2 Packet Pg. 219 8.H.3.b Gartner Gartner Sole Source Gartner is the largest and most respected source of analysis in the information technology (IT) industry. Gartner is the only organization in the world that can provide this comprehensive breadth and depth of advisory, research and comparative measurement services. The depth of Gartner's technology coverage exceeds that of all our competitors combined. Our analyst community is the largest in the industry— over 1,000 worldwide. Gartner not only "drills down" into technology issues, we stop to examine the "big picture" as well. With Gartner, agencies have unlimited access to to senior research analysts, including a team dedicated solely to the needs of our many Public Sector clients. Gartner analysts average 17 years of IT industry experience and accumulate a wealth of knowledge by supporting clients from approximately 13,000 distinct organizations. Gartner analysts Gartner has unparalleled expertise across a wide range of solutions. • Gartner has the largest base of IT research analysts and consultants in the world, culled from the industry's top leaders and practitioners. • More than 1,000 expert analysts cover 1,200+ business and IT topics. Each year Gartner conducts: • 319,000 one-to-one interactions with clients in 13,000 distinct organizations worldwide • 140,000 client inquiries • 40,000 IT decision maker primary research surveys • 16,500 vendor briefings Gartner Contract Reviews Contracts and proposals are more complex than ever. Vendors introduce new pricing, licensing models, maintenance options and audit clauses every day. It is nearly impossible to keep up unless you have day-to-day visibility into the market. Gartner does. Our analysts review thousands of hardware, software, services, and telecom contracts and proposals each year, and we identify hard -dollar savings in 75% of the contracts we review. Many review inquiries lead to multimillion -dollar savings. Government -focused resources Gartner research examines how government IT must adapt to constant change and cost pressures by focusing on three Core Topics: • Government Service Delivery and Operations • Government IT Strategy and Organization • Government IT Sourcing Return on Investment in Gartner Gartner's clients have used Gartner resources to: • Increase their ability to apply information technology to improve the effectiveness and efficiency of essential agency core mission services Negotiate most favorable pricing and terms: Gartner's insight about vendor pricing and marketing strategies help our clients get the most favorable pricing and terms and equitable contracts motivate vendor behaviors that increase the chances of project success. Packet Pg. 220 8.H.3.b Gartner • Lower the total cost of technology ownership: Gartner's core technology insight and industry proven practices help clients build an efficient and effective information technology evaluation, renewal and retirement process throughout their enterprise that results in the selection and implementation of technologies that interoperate and exchange information in an efficient and effective manner. • Reduce and manage the risk of technology selection and application: Using Gartner to validate a procurement process (qualifying or functional criteria, system requirements, vendor capabilities, terms and conditions...) can help ensure a procurement encourages competition between qualified and responsible vendors, reduces procurement cycle time, lowers the probability of a protest and increases the chances of getting to award. • Achieve workforce and career development and role based success: Gartner offers analyst support, peer networking, and industry standard models, tools, templates, presentations, case studies and tactical "how to" research to implement decisions and perform key duties associated with critical IT leadership and management positions. • Respond to inquiries from your boss, the public, media, vendors or legislature about your technology strategies and directions by placing them within an industry context. • Manage the demand for IT services: Gartner helps IT leaders develop partnerships with informed business customers to ensure scarce resources are applied for maximum value to the organization, policy agenda, and public benefit. • Manage organizational and personal risk associated with the provision of secure services: A risk management framework and ongoing diligence is required to evaluate various investments and strategies that manage and mitigate risk. Gartner's product lines span the entire life cycle of IT planning, analysis, implementation and operations, including: • Gartner Core Research — This includes Gartner's industry -renowned Magic Quadrants, Vendor Ratings, Hype Cycles, and other foundational research on more than 700 topics to help technology decision makers. • Gartner IT Leaders - Includes role -focused research, Diagnostic tools, Toolkits, IT Key Metrics Data, Peer Connect with the full functionality of the customizable "My Gartner" homepage. • Gartner IT Executives — Includes C-level strategic content and associated tools and teleconferences hosted by Executive Programs Research Report authors to discuss topics of their Research Reports. • Gartner IT Key Metrics Data - provides IT spending and staffing metrics, furnishing IT managers with insight into industry trends to help them make more -informed decisions. Spending and staffing metrics cover Industry metrics across 21 industries, Infrastructure, Applications, Security, and Outsourcing. • Gartner ITScore and IT Budget (tools to plan and manage IT costs) - Gartner ITScore is a holistic set of interactive maturity assessments designed to help evaluate the maturity of both the IT organization as a provider of IT services, and the enterprise as a consumer of information technology. Unlike other IT maturity assessments, Gartner ITScore measures the agencies' capabilities within the context of enterprise culture, behaviors and capacity for leadership — factors that dramatically impact IT's effectiveness and its ability to contribute real business value. With more than 6,000 data points from 75 countries and 21 industries, our database is 2 Packet Pg. 221 8.H.3.b Gartner the most comprehensive — and authoritative — source of IT spending, staffing and performance data in the industry. Gartner Contract Reviews - Gartner's insight about vendor pricing and marketing strategies help our clients get the most favorable pricing and terms and equitable contracts motivate vendor behaviors that increase the chances of project success. Gartner finds hard -dollar savings in 75% of the contracts we review. Gartner for Technical Professionals - Focuses on the technical professionals in IT organizations, such as technical architects, engineers, analysts, and IT specialists. Since the research is focused on the technical professionals, it is more in-depth and technical in nature, and addresses technology architecture and design, implementation strategy, and overall project execution. Content covers application platforms, collaboration and content management, data center, data management, identity and privacy, network and telecom, and security and risk management. • Gartner Events - Gartner is the world's largest IT conference provider, attracting 40,000 technology and business professionals and 1,100 industry -leading technology providers to our 64 conferences worldwide. The breadth of Gartner is highlighted by the fact that our analysts and consultants cover virtually every area of IT, from semi -conductors to systems, from system software to business solutions, from telecommunication to IT management issues. Gartner's experts can provide timely, accurate, and actionable advice across a broad range of technology topics. New Gartner research is posted daily on our Web Site. Every day, Gartner analysts examine IT news and events from around the world and create either First Takes, instant analyses of this information, or Other unique characteristics of Gartner include our trade -marked research methodologies. Examples of our unique methodologies include: 1. MAGIC QUADRANT® The Magic Quadrant depicts a technology market using a two-dimensional matrix. Vendors are evaluated based on their completeness of vision and ability to execute using weighted criteria to plot their relative positions in the market today as well as where it is headed in the future. 2. MARKETSCOPE®: EMERGING AND MATURE MARKETS MarketScopes rate vendors in emerging and mature markets. MarketScopes help clients understand both the dynamics of a market and the strengths and weaknesses of its vendors 3. VENDOR RATINGS® Vendor Ratings give clients a single, focused perspective to support investment and strategic planning decisions around the overall corporate viability, products and services and customer support. 4. THE HYPE CYCLE" The Hype Cycle is our method of analyzing the viability of emerging technologies. It is a graphic representation of the maturity, adoption and business application of a technology, illustrating along a predictable path the over -enthusiasm, or "hype" and subsequent disappointment that typically happen in the introduction of new technologies. 3 Packet Pg. 222 8.J.1 ITEM NO. (ID # 4445) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Desiree Cimino, Purchasing Manager Purchasing Division Removal of Fixed Assets from Inventory DATE: 06/20/2017 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Per Section 23.3 of the Purchasing Policy Manual, staff is requesting authorization to remove the fixed assets, as listed on the attached, from the inventories of St. Lucie County Board of County Commissioners, St. Lucie County Clerk of Court, St. Lucie County Property Appraiser, St. Lucie County Supervisor of Elections and St. Lucie County Tax Collector. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board authorization to remove fixed assets as reflected on the attached property inventory lists from the capital asset inventories of St. Lucie County Board of County Commissioners, St. Lucie County Clerk of Court, St. Lucie County Property Appraiser, St. Lucie County Supervisor of Elections and St. Lucie County Tax Collector. COMMISSION ACTION: Packet Pg. 223 8.J.1 Coordination/Signatures ten fer Hill, Bid g t Man 6/2/2017 4anie/S.cIntyre, C 6,tyttrey 6/11/2017 Ho and Tipton, Count Ad ministrato 6/12/2017 Updated: 6/9/2017 4:48 PM by Desiree Cimino Page 2 Packet Pg. 224 PROPERTY # I DEPT. ASSETS TYPE Year Acquired 8.J.1.a 102338 Information Technology Plotter 2005 204185 Mosquito Control Beach Wheelchair 2013 402831 Facilities Audio Evac System 1994 403085 Facilities Hepa Vacuum 1995 403542 Road & Bridge Pressure Washer 1997 404267 Planning Scanner 1999 404532 Facilities Gator 2000 404689 & A Road & Bridge Radio & add -on 2000 404773 & A Parks & Recreation Radio & add -on 2000 404775 & A ifRadio & add -on 2000 404792 & A ifRadio & add -on 2000 404801 & A ifRadio & add -on 2000 404816 & A Radio & add -on 2000 404821 & A Radio & add -on 2000 404824 & A Radio & add -on 2000 405168 & A Radio & add -on 2000 405654 Engineering Plotter/Printer 2002 405960 Facilities Laptop 2002 406179 Human Resources Printer 2002 407006 Facilities Drain Snake 2003 407254 Planning Printer 2004 407448 Library Boo kcheck 2004 407485 A & B Road & Bridge Printer 2004 407701 Court Administration Computer 2005 407734 Computer 2005 407800 & A Laptop 2005 407851 Agriculture Laptop 2005 408309 Facilities Wet/Dry Vac 2005 408310 Lift Gate 2006 408511 Airport Laptop 2006 408707 Court Administration Server 2006 408978 IT Storage Computer 2006 408980 11Computer 2006 409003 Court Administration Server 2007 409130 Agriculture Laptop 2007 409217 Administration Computer 2007 409218 11Computer 2007 409259 Agriculture Laptop 2007 409418 Facilities/Fleet Van 2007 409434 & A Facilities Quad Core Processor 2007 409588 Engineering Copier 2007 409604 Solid Waste Computer 2007 409627 Court Administration Server 2007 409630 11Server 2007 409730 Criminal Justice Computer 2008 409811 Library Computer 2008 410054 Engineering Laptop 2009 r Q Packet Pg. 225 8.J.1.a PROPERTY # I DEPT. I ASSET TYPE I Year Acquired 410061 ERD Laptop 2009 410081 Court Administration Server 2009 410249 Server 2010 410339 Computer 2010 410818 Facilities CPU module 2012 410819 ifCPU module 2012 410820 ifCPU module 2012 41099 Court Administration Switch 2009 500849A Solid Waste EZ Watch Pro Camera System 2008 500857 11Solar Surveillance Camera 2008 600048 Parks & Stadiums Whirlpool 1995 600253 Utility Vehicle 1998 600254 PA System 1998 600270 Pressure Washer 2000 600276 Mower 2002 600307 Pressure Washer 2006 600315 Turf Sweeper 2006 600320 Mower 2007 700399 Utilities Transfer Pump 2008 900111 Road & Bridge Service Crane 1999 900123 IfMig Welder 2001 r Q Packet Pg. 226 8.J.1.b u_ LO v v ti r O N w O U O U O E d R C O Im Q r r C d E L V R r r Q Packet Pg. 227 8.J.1.c Property # PROPERTY APPRAISER Assets Type Year Acquired 402439 Loveseat 1994 Packet Pg. 228 8.J.1.d LL LO ti r O N w O W O 0 E a� 0 c a� a� a r 7 C E t V fC r Q Packet Pg. 229 8.J.1.e Property # TAX COLLECTOR Assets Type Year Acquired 410811 Network Video Rec. 2012 Packet Pg. 230 8.K.1 ITEM NO. (ID # 4382) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Matt Baum, Parks & Special Facilities Manager Parks & Special Facilities Division DATE 06/20/2017 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Savannas Recreation Area Lease Agreement - Mobile Home Space City of Ft. Pierce Police Sergeant Katherine England has had a lease agreement with St. Lucie County since September 2001 to maintain her mobile home at the St. Lucie County Savannas Recreation Area. In return, Sergeant England provides security to the campground and assists with issues that arise from time to time. Her current lease had an expiration date of September 20, 2014 and included a three year renewal option. The first amendment to the agreement began on September 21, 2014 and will expire on September 20, 2017. On January 31, 2017 an Assignment of Lease Agreement was approved to transfer the lease agreement from Katherine England, the owner of the mobile home, to Tad Lindstadt, a city of Ft. Pierce Police Officer, who is the current occupant of the mobile home. Ms. England has entered into a rental agreement with Mr. Lindstadt for the occupancy of the mobile home. A new lease agreement is being initiated between St. Lucie County and Tad Lindstadt for a term of three years with one three year renewal option. Tad Lindstadt will be responsible for submitting a payment of $75 per month to offset the cost of utilities for the mobile home. PREVIOUS ACTION: September 21, 2001 - BOCC approval of a lease agreement with Sergeant Katherine England, a member of the City of Ft. Pierce Police Department. September 27, 2005 - BOCC approval of the first amendment to the lease agreement with Katherine England extending the lease agreement through September 24, 2007 January 16, 2007 - BOCC approval of a sub -lease agreement with Ft. Pierce Police Department Deputy Sal Garcia. October 9, 2007 - BOCC approval of the second amendment to the lease agreement with Katherine England extending the lease agreement for an additional three years. September 20, 2011 - BOCC approval of a three year lease agreement with Katherine England. February 17, 2015 - BOCC approval of first amendment to lease agreement with Katherine England to begin retroactively on September 21, 2014. Packet Pg. 231 8.K.1 January 31, 2017 - BOCC approval of Assignment of Lease from Katherine England to Tad Lindstadt. FINANCIAL IMPACT: The monthly $75.00 reimbursement for utilities will be posted to account string #001-7215-543000-7220 (Utilities - Savannas). RECOMMENDATION: Staff recommends Board approval of a new lease agreement with Tad Lindstadt for space for a mobile home on the Savannas Recreation Area property as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Edward Matthews, Parks, R ram& Fa ides Director 5/25/2017 4aieY�. �WdlntyrMe,ntyorney 5/26/2017 7" z '/ , n �' f ) 0k S er ee, Dep County H ministrato 5/26/2017 updated: 5/25/2017 4:40 PM by Patty Marston-Duva Page 2 Packet Pg. 232 8.K.1.a LEASE AGREEMENT ARTICLE 1 1.01 Term. St. Lucie County, a political subdivision of the State of Florida (the "County") hereby leases to TAD LINDSTADT (the "User") for a term of three (3) years, beginning on hereinafter referred to as the "date of execution," the Site described in Article 3.01 below for space to place a mobile home at the Savannas Recreation Area. ARTICLE 2 2.01 Option to Renew. Provided that there has been no default of the Agreement by User. User may, by written notice to and with the approval of the Board of County Commissioners, at least two (2) months before the end of the current term, renew this Agreement for one (1) additional period of three (3) years, upon such terms and conditions as the parties may agree. Such periods shall run consecutively so as to make this Agreement continuous in its operation from the beginning to its termination, a period of six (6) years. In the event that the parties do not agree on terms before the expiration of this Agreement, User shall have no further rights under this Agreement. 2.02 Facility and Concession Agreement. This Agreement is exclusive only to the Site and authorized Facility described herein. ARTICLE 3 3.01 Site Description. A map of the Savannas Recreation Area showing the location in the Recreation Area of the Site (the "Site") Agreement to the User under this Agreement is attached hereto and made a part hereof as Exhibit "A." The Site is located to the front of the park. The Site shall be the space on which the mobile home is situated, together with reasonable grounds for the usual needs of the User at the space designated. Any conflict between the location on Exhibit "A" and the User in this Agreement shall be resolved in favor of Exhibit "A." ARTICLE 4 4.01 User Responsibility. The User agrees to: A. Provide telephone and electrical service to the mobile home. B. Reside in the mobile home (unless sublet pursuant to Section 6.01) and advise the Recreation Supervisor where applicable of the normal hours of the User will occupy the mobile home, and further of any expected absence which deviates significantly from the normal routine. C. To be named as primary response person on security/fire alarm call out list and to is respond to security/fire alarms as requested. 1 00 r c m 1 E S:\ATTY\AGREEMNT/Lindstadt - 17 V M r Packet Pg. 233 8.K.1.a D. Notify, where appropriate, the Recreation Supervisor and/or Law Enforcement, of any unusual activity on the property including but not limited to suspected trespass and vandalism. E. User shall maintain homeowners property insurance coverage in the amount of $25,000 on the mobile home that additionally provides Liability coverage of $200,000. User shall provide the County with a certificate of insurance naming the County as an additional insured for liability. By signing this Agreement, User agrees to indemnify, save, hold, and keep harmless the County, its officials, employees, agents and volunteers against any and all claims, demands, penalties, judgments, court costs, attorneys fees and liability of every kind and nature for any injury that may be sustained by the User, guests or invitee while at the Site. (1) Each such Certificate shall include the following wording: "St. Lucie County BOCC, its officers, and employees are named as additional insured's with respect to incidents occurring on the property covered by this Agreement." (2) Nothing in this Agreement shall be construed to affect in any way the County's rights, privileges, and immunities, including sovereign immunity as provided by law as set forth in Florida Statute 768.28. F. User shall pay to the County seventy-five dollars ($75.00) on the first day of each month for utilities. 4.02 The User shall be responsible for general observation of the property with duties to specifically include but not be limited to: A. Periodic inspection at least twice a day of all buildings on the property. B. Check daily to see that the gates are locked. C. Inspect for signs of damage or vandalism, and report any found to the Recreation Supervisor and/or law enforcement. D. Report any unauthorized person found in the area to the above persons. E. Maintain an activity log of inspection tours, noting the dates and times the Campground is checked, problems and people encountered, safety hazards, abnormal activity, discrepancies, and unusual circumstances, together with corrective action taken, or person notified. The log shall be submitted to the Recreation Supervisor on a monthly basis. F. To take all lawful steps to protect the property on the County Site from burglary, malicious mischief, unlawful trespass and vandalism, and to prevent injuries and unlawful acts, to secure the assistance of Peace Officers in apprehending and arresting persons committing unlawful acts, and to be available as a witness in any court in which charges against such persons committing such acts may be instituted or pending as a witness for the State of Florida in such prosecutions, or in any Civil action in which efforts are made to collect damages. 2 S:\ATTY\AGREEMNT/Lindstadt - 17 Packet Pg. 234 8.K.1.a ARTICLE 5 5.01 Utility Reimbursement. The County shall make all arrangements for and pay timely all costs for water, trash collection, sewer services and for all connection charges pertaining thereto. The County does not guarantee that these service will be adequate or continuous. The User further covenants and agrees that they will use the aforesaid services being furnished only for actual housekeeping needs. User may not install, extend and/or make any arrangements for the installation or extension of any other services to, or on, the premises without the prior written consent of the Parks and Recreation Director or designee as representative for the County. ARTICLE 6 6.01 Assignment, Subletting and Successors in Interest. The County reserves the right to freely assign this Agreement. The User, however, shall not assign this Agreement to any other persons or firm without first obtaining County's written approval. The County Administrator is hereby authorized to approve or deny any assignment. Any appeal of the County Administrator's decision shall be to the St. Lucie County Board of County Commissioners. In addition, the User shall not assign this Agreement to anyone other than another law enforcement officer. Any attempt to effect an assignment without County's prior written consent shall be deemed a default subject to the remedies provided herein. Any attempt to effect an assignment without County's prior written consent shall be deemed a default subject to the remedies provided herein. 6.02 Residence. User agrees that no person shall reside on the premises, other than those members of their immediate family. The User further agrees to be responsible for all pets both inside and outside, and agrees and understands that the pets are limited to two (2) domestic animals. ARTICLE 7 7.01 Structures and Improvements. User shall not construct or place nor cause to be constructed or placed, any structure or other improvements at the Site without the express written approval of the County. It shall be the responsibility of the User to obtain and pay for all necessary local, state or federal permits or permissions required to construct or place any structures on the Site. ARTICLE 8 8.01 Maintenance Responsibilities of User. User shall, at their sole cost and expense, keep and maintain the Site in a first-class condition during the term of this Agreement and any extensions thereof. User shall be responsible for the maintenance of the mobile home and any structures or improvement at the Site. 8.02 Damages. User shall repair all damage to the Agreement Site or non -Agreement portions of the Savannas Recreation Area caused by the User, their invitees or guests. 3 S:\ATTY\AGREEMNT/Lindstadt - 17 1 06 r c m E f3 r Packet Pg. 235 8.K.1.a ARTICLE 9 9.01 Quiet Enjoyment of the Agreement Property. The County covenants and agrees that so long as no default exists in the performance of User's covenants and agreements contained herein, User shall peaceably and quietly hold and enjoy the Agreement Site and all parts thereof free from eviction or disturbance by the County or any persons claiming under, by or through the County. ARTICLE 10 10.01 Waiver. User waives any and all claims for damages against the County and all its agents and employees for any claims that may be made against them, by any member of their family or their guests for any damages whatsoever. ARTICLE 11 11.01 Liability for Damage or Injury. The County shall not be liable for any damage or injury that may be sustained by any party or persons on the Agreement Site or connected in any way with the User's occupation of the Site other than damage or injury caused solely by the negligence of the County. 11.02 Force Maieure. If the Site or any part of the Site is destroyed or damaged by fire or any other cause, or if any other casualty or unforeseen occurrence renders the fulfillment of this Agreement by the County impossible, then this Agreement shall be terminated. User hereby waives any claim for damages or compensation from County on account of such termination. ARTICLE 12 12.01 Termination. Either party may terminate this Agreement without cause upon sixty (60) calendar days written notice to the other. ARTICLE 13 13.01 Rules and Regulations. The User will observe, obey and comply with all rules and regulations adopted by the County and all laws, ordinances and/or rules and regulations of other governmental units and agencies having lawful jurisdiction, which may be applicable to User's occupations under this Agreement. The User warrants to the County that they are responsible and law abiding person and not under any legal disability or criminal prosecution and that they are qualified to testify as a witness in any Court. ARTICLE 14 14.01 Inspection by County. The County may make periodic inspections of all of the Site to determine if such are being maintained in a neat and orderly condition. The User shall be required to make any improvements in cleaning or maintenance methods required by the County. Such periodic inspections S:\ATTY\AGREEMNT/Lindstadt - 17 Packet Pg. 236 8.K.1.a may also be made to determine whether the User is operating in compliance with the terms and provisions of this Agreement. ARTICLE 15 15.01 Termination of Agreement. The User, within seventy-two (72) hours following the termination of this Agreement, shall forthwith remove all of its personal property including the trailer not acquired by the County under the terms of this Agreement. Personal property as defined herein shall not include any fixtures, equipment and improvements permanently affixed. Any personal property of the User not removed in accordance with this Article may be removed by the County for storage at the cost of the User or shall constitute a gratuitous transfer of title thereof to the County for whatever disposition is deemed to be in the best interest of the County. The County shall not be liable to User for the safekeeping of User's personal property. Upon termination of this Agreement and the removal of all personal property by User shall restore the Site to a neat, clean, and habitable condition. ARTICLE 16 16.01 Indulgence Not Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision of any portion of this Agreement at either the time the breach or failure occurs or anytime throughout the term of this Agreement. 16.02 Non -waiver. The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. ARTICLE 17 17.01 Notices. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Parks, Recreation and Facilities Director 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 5 S:\ATTY\AGREEMNT/Lindstadt - 17 1 06 c m E f3 r Packet Pg. 237 8.K.1.a To the User: Tad Lindstadt 1400 E. Midway Road Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. ARTICLE 18 18.01 Interpretation; Venue. This Agreement constitutes the entire agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and deliverable by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims that are justiciable in federal court. ARTICLE 19 19.01 Attorneys' Fees and Costs. In the event of any dispute concerning the terms and conditions of this Agreement or in the event of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the User and its surety or sureties for such fees and costs is joint and several. ARTICLE 20 20.01 Dispute Resolution. Any disputes relating to a question of fact arising under this Agreement shall be resolved through good faith efforts upon the part of the User and the County or its representative. At all times, the User shall carry on the work in accordance with the requirements of the Agreement and the determination of the County or its representatives, pending resolution of the dispute. Any dispute that is not resolved by mutual agreement shall be decided by the County or its representatives who shall reduce the decision to writing. 20.02 Mediation. In the event of a dispute between the parties in connection with this Agreement other than a question of fact to be resolved as described above, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a 6 S:\ATTY\AGREEMNT/Lindstadt - 17 Packet Pg. 238 8.K.1.a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, of the date first above written. ATTEST: DEPUTY CLERK WITNESSES: 7 S:\ATTY\AGREEMNT/Lindstadt - 17 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY TAD LINDSTADT BY: 1 06 r c m E f3 r Packet Pg. 239 12' — OBSERVATION ❑F- 8.K.1.a Q Cq 0 WETLANDS W W —�- E S N.T.S. 1 6G MPINTE"4NCE G 2R RESTROOM BLDG. 3 `O� 35 24 23 E GG 37 22 21 ! — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - DDrn Boo NTRPNCE 01 All Sites are BACK IN ONLY ' 1 —BPTHROOM ;,5 42 ; EXCEPT SITES: 1, 3, 5, 7, 19, G8 THRU G13 43 dd 45 dE LAUNDRY 42 14 13 12 V8 11 V] 1 1 1 a — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — a dE BASKETBALL �' 9 R VS I RING V4 4 A O 12 22 x 63' Vi5 CANOE STORAGE 3 2 BOAT F., AFTER HOURS SEOURRY 1 LPYGROUND n VJ REGISTRATION DUMP' OFFICE STATION /\ STATION PICNIC HELTERS J� III r 1 06 r c m E t v r r a Packet Pg. 240 8.K.2 ITEM NO. (ID # 4384) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Matt Baum, Parks & Special Facilities Manager Parks & Special Facilities Division Waiver for Civil War Re -Enactment - 2017 DATE 06/20/2017 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES In 2001, the Raid of Ft. Pierce Civil War Re -Enactment was established to provide education about the Civil War to the local community and schools. The Sons of Confederate Veterans participate in many similar events throughout the state of Florida and have agreed to sponsor this event. The re-enactment stages a fictional battle that includes a living history day and period correct demonstrations such as artillery, cooking, blacksmithing, uniforms, authentic camping and mounted cavalry. The first day of the event is a living history school day open to all Treasure Coast schools and day care centers. The Sons of the Confederate Veterans is a 501(c)(3) organization with a locally affiliated club in Port St. Lucie. 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 17th annual event on December 2nd and 3rd, 2017, in the wilderness area at the Savannas Recreation Area. They are requesting that the County waive the open space rental fees of $1,200.00. The Sons of Confederate Veterans have agreed to reimburse the County $560.00 for staffing costs associated with the event, as required by Board policy. This event will not interfere with the Savannas Campground operation. PREVIOUS ACTION: Last year the Civil War Re -Enactment was held on December 10-11, 2016 and the Board approved the waiver of $1,200.00 for open space rental fees at the September 20, 2016 Board Meeting. FINANCIAL IMPACT: The County will forego the open space rental fee of $1,200.00 to the User Fees revenue account (#001- 7215-347221-7220), if the waiver is approved. RECOMMENDATION: Staff recommends Board authorization to waive $1,200.00 in open space rental fees for the 2017 Raid on Ft. Pierce Civil War Re -Enactment to be held at the Savannas Recreation Area as outlined in this agenda Packet Pg. 241 memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Ad - Edward Matthews, Parks, Refreafion& Fa sties Director 5/9/2017 W I ig anie S. McIntyre, C my ttorney 5/10/2017 Mark S er e' e,We 6 uK C o u n iy--Ad min sstrato 5/10/2017 Updated: 6/14/2017 11:47 AM by Katrina Slay Page 2 Packet Pg. 242 8.K.2.a Date: April 20, 2017 Event: Civil War Re -Enactment Event Date: December 1-3, 2017 Contact Name: Jim Odell St. Lucie County Savannas 1400 E. Midway Rd. Ft. Pierce, FI. 34982 772-464-7855 Wendy Clark, Campground Coordinator Address: Telephone: 772-318-8258 Fax: Email Address: thejdawg569 2000(a)yahoo.com Facility Rental: Personnel: Custodian Event Specialist Requested Waiver Prepared By: Wendy Clark ESTIMATE OF FEES: Wilderness Area Total Facility Rental Fees 20 hours @ $18.00/hour 8 hours @ $25/hour Total Estimated Personnel Fees Telephone:772-464-7855 Email: clarkw@stlucieco.orc Fees $1,200.00 $1,200.00 $360.00 $200.00 $560.00 TOTAL PRETAX FEES $1,760.00 Sales Tax 6.5% T/E TOTAL FEES $1,760.00 $1,200.00 Lessee Initials Packet Pg. 243 8.K.2.a ti r O N C d E V C W N Q Packet Pg. 244 8.K.2.a ti r O N C d E V C W N Q Packet Pg. 245 8.K.2.a ti r O N C d E V C W N Q Packet Pg. 246 8.K.3 ITEM NO. (ID # 4389) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Matthew Morse, Venue Coordinator Parks, Recreation, & Facilities Waiver for 35th Annual Chili Cook Off DATE 06/20/2017 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES The 35th Annual Boys & Girls Clubs of St. Lucie County Chili Cook -Off will be held on July 15, 2017. The event raises awareness for the Boys and Girls clubs of St. Lucie County and all proceeds directly benefit the needs of local children through various enrichment experiences provided by the Boys and Girls Clubs of St. Lucie County. The Boys & Girls Clubs of St. Lucie County is a 501(c)3 non-profit organization and it is requested that the BOCC waive the facility rental fees of the Fenn Center in the amount of $9,750. This fee can be waived by the BOCC pursuant to section B.8.a in "Exhibit A" of Resolution No. 14-053. Additional costs for County Staff and equipment will be paid by the renter. PREVIOUS ACTION: May 20, 2014 / Item #2113 - The BOCC approved to waive facility rental fees at the Fenn Center for the 2014 Chili Cook -Off in the amount of $9,650 July 11, 2015 / Item #2903 - The BOCC approved to waive facility rental fees at the Fenn Center for the 2015 Chili Cook -Off in the amount of $9,750 June 21, 2016 / Item 3556 - The BOCC approved to waive facility rental fees at the Fenn Center for the 2016 Chili Cook -Off in the amount of $9,750 21►00114rANU 17e[lis If the fee waiver is approved, the County will forgo $9,750.00 in rental fee revenue under accounting string 001-7511-347221-7510 User Fees. RECOMMENDATION: Staff recommends Board approval to waive the facility rental fee of $9,750.00 as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 247 Coordination/Signatures Edward Matthews, Parks, Refreafion & Fa ides Director 5/11/2017 Ua—niefS. McIntyre, Xmy ttorney 5/15/2017 Ho and Tipton, Count Administrate 5/22/2017 Updated: 5/22/2017 3:04 PM by Katrina Slay Page 2 Packet Pg. 248 BOARD OF DaECTORS Nate Spera Board President Charles Cangianelli Vice President Richard Del Toro Nce President April 10, 2017 Jay McBee Treasurer GREAT FUTURES START HERE. /4 BOYS & GUMS/////CLU13S OF ST. LUGE COUNTY Scan Baldwin Edward Matthews, Director Linda Bartz Parks, Recreation and Facilities St. Lucie County DianeHobley-Bnmey 2300 Virginia Avenue Charles Cuomo Fort Pierce, FL 34985 Charlie D'Agata Re: 35th Annual Chili Cook -off, Waiver of Rental Fees Doug Farrell Toyan Hall- Scott Jason Hoffman Dear Mr. Matthews, Leslie Kristoff The Boys & Girls Clubs of St. Lucie County is hereby requesting a waiver of the Angeligne Ly°ns rental fee for the Fenn Center, which will be used for the 3&, Annual Chili Cook- Shannon Martin Off to be held on Saturday, July 15, 2017. This year's Chili Cook -Off is once again Nick Mimms being held to benefit the Boys & Girls Clubs of St. Lucie County. Dr. Kevin Perry Over the past 35 years, the Chili Cook -Off has grown into the premier summer Michael Piazza fundraiser in St. Lucie County, raising money to help kids in our community. This Sarah Pride year's event will start with the team set up on Friday, July 14 and conclude on Saturday, July 15. We expect another successful event and anticipate over 5,000 jack Reisinger people will stop by the Chili Cook -Off to eat chili and enjoy the entertainment Charlie Scavuzzo while relaxing in the air conditioned Fenn Center. William Armstead Chie(E.cecutiveOffcer The Boys & Girls Clubs of St. Lucie County is a 501(c3) not -for -profit PROUDLY SUPPORTED BY: organization. We are respectfully requesting that the Fenn Center rental fee of Zh%;�d'ee $9,750 be waived pursuant to the Board of County Commissioners policy. s CQua>cil Thank you for your assistance in this matter. s<>��E�Y , Sincerely, Y UniteId Way SNG" bJs QCFTy � Will — • ofCEO 8.K.3.a _a©too: ST. LUCBE COUNTY BOARD OF COUNTY COIVMSSIONFRS CHRIS DZADOVSKY CHAIRMAN DISTRICT 1 TOD MOWERY VICE-CHAIRMAN DISTRICT 2 LINDA BARTZ DISTRICT 3 FRANNIE HUTCHINSON DISTRICT 4 CATHY TOWNSEND DISTRICT 5 HOWARD N. TIPTON COUNTY ADMINISTRATOR DAN MCINTYRE COUNTYATTORNEY MAILING ADDRESS 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 PHONE (772) 462-1518 TDD (772) 462-1428 FAX (772) 462-3699 E-MAIL MATTHEWSE@STLUCIECO.OR G IED MATFLIEWS Parks, Recreation & Facilities Director April 20, 2017 Dear Mr. Axmstead, I have reviewed your request for a waiver of the rental fee for use of the Fenn Center to conduct the "35"' Annual Chili Cook -Off' on Saturday, July 15, 2017. As you know, the fees for equipment and staffing cannot be waived; however I will request that the BOCC waive the facility rental fee of $9,750 for this annual fundraiser. Thank you for your tireless effort in helping the children in our community through the various programs of the Boys & Girls Clubs of St. Lucie County. Regards, Ed Matthews CC: Howard Tipton Mark Satterlee Matt Baum Matt Morse 0 0 c� U ti T O N I. - co M ti 0 N J L d > c� N V 06 0 00 io ri Y c m E 0 Q WEBSITE WWW.S-rL.UCIECO.GOV LU Packet Pg. 250 EXHIBIT A J RESERVATION FEES COUNTY VENUE: Havert L. Fenn Center IF L • Ft I r 11111100001111111- PHONE: 772-462-1521 FAX: 772-462-1128 Date: April 6, 2017 Event Date: July 14 - 15, 2017 Event Day: Friday - Saturday Event: Chili Cook Off Event Times: Saturday 1lam - 6pm No. of Attendees 3000 Set Up/Load In: Friday 8am - 9pm, Saturday 8am - 1lam Contact: Alicia Marshall Break Down/Load Out: Saturday 6pm - 9pm Total Event Hours, inc. Load in/Out: 26 hours Organization: Boys & Girls Clubs of St. Lucie County Address: 3104 Avenue J Ft. Pierce, FL 34947 Phone: 772-460-9918 E-Mail Address: amarshall@becofslc.org *********************************************************************************************** Facility Use Fees Rate Fee Entire Fenn Center - Friday M-M rate $6,500 $6,500.00 Entire Fenn Center - Saturday M-M rate $6,500 $6,500.00 Sub -total $13,000.00 Deduct 25% Nonprofit Discount $3,250.00 Revised Sub -total $9,750.00 Sales Tax 6.5% T/E AMOUNT TO BE WAIVED MULTI FACILITY USE FEE TOTALI $9,750.00 Equipment Use Fees Table & Chairs Included in rental N/C Large Stage $18 per section X 16 sections $288.00 Stage Backdrop $150 each $150.00 Dumpster $100 each $100.00 Cleaning Fee $300 for gym $300.00 Sales Tax 6.5% T/E EQUIPMENT FEES TOTAL $838.00 Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Fenn) $25 per hour X 24 hours $600.00 Custodian/Event Staff (Fenn) $18 per hour X 74 hours $1,332.00 Electrician (Fenn) $30 per hour X 10 hours $300.00 STAFF FEES TOTALI $2,232.00 TOTAL ESTIMATED CHARGES WITHOUT WAIVER $12,820.00 ESTIMATED CHARGES WITH WAIVED FEES $3,070.00 Other Requirements include but are not limited to 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County BOCC as an Additional Insured is required. If needed, event insurance is available at reasonable rates. Prepared by: Matt Morse O Y O O U t U ti r O N L O m rn M v Q w t x w ti r O N O O O U t U vi Y co r c d E t U r Q Packet Pg. 251 Exempt Organizations Select Check Page 1 0� 8.K.3.c 0 1 Exempt Organizations Select Check Exempt Organizations Select Check Home Organizations Eligible to Receive Tax -Deductible Charitable Contributions (Pub. 76 data) - Search Results The following list includes tax-exempt organizations that are eligible to receive lax -deductible charitable contributions, Click on the "Deductibility Status" column for an explanation of limitations on the deductibility cf contributions made to different types cf lax -exempt organizations, Results are sorted by EIN. To sort results by another category. click on the icon next to the column heading for that category_ Clicking on that icon a second time will reverse the sort order Click on a column heading for an explanation of information in that column. 1-1 of 1 results Results Per Page Q$ V OK « Prev E 1-1 1 Next a EIN : Legal Name (Doing Business As) City : Stale wCountry as Deductibility Status m 65-0505369 Boys & Girls Club of St. Lucie County Inc Fort Pierce i United Slates PC « Prev 1 1-1 j Next Return to Search https:/Iapps.irs.gov/app/eos/pub78Search.do?ein1=65-0505369&names=&city=&state=All... Packet Pg. 252 Detail by FEIIEIN Number Florida Department of State Page I of 3 8.K.3.c DIVISION Or CORPORATIONS {. ON Department Department of State I Division of Corporations 1 Search Records 1 ❑etaii eV Document Number I Detail by FEI/EIN Number Florida Not For Profit Corporation BOYS & GIRLS CLUBS OF ST. LUCIE COUNTY, INC. Filing Information Document Number N94000003896 FEIIEIN Number 65-0505369 Date Filed 08/05/1994 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 03/17/2014 Event Effective Date NONE Principal Address 3104 AVENUE J FT, PIERCE, FL 34947 Changed: 04/27/2015 Mailing Address 3104 AVENUE J FT. PIERCE, FL 34947 Changed: 04/27/2015 Reaistered Aaent Name & Address Patterson, Susanne U 3104 AVENUE J FT. PIERCE, FL 34947 Name Changed: 04/2812016 Address Changed: 04/27/2015 OfffcerlD!rector Detail Name & Address Title Board President SPERA, NATE 5160 NW Milner Dr. PORT ST LUCIE, FL 34983 http:Usearch.sunbiz.orglInquiiy/CorporationSearch/SearchResultDetail?inquiiytype=FeiNu..' Packet Pg. 253 Detail by FEUEIN Number Page 2 0� 8.K.3.c Title CEO ARMSTEAD, WILLIAM 3440 SW PORPOISE CIRCLE STUART, FL 34997 Title Board, Treasurer MCBEE, JAY 2222 COLONIAL ROAD, SUITE 201 FORT PIERCE, FL 34950 Title Board, VP Cangianelli, Charles 210 NE Abaca Way Jensen Beach, FL 34957 Title Board, VP Del Toro, Rich City Nall Municipal Complex, Building C Port Saint Lucie, FL 34952 Title Board, Secretary D'Agata, Charlie 2552 Morningside Blvd. Port St. Lucie, FL 34952 Annual Reports Report Year Filed Date 20115 04/27/2015 2016 04/28/2016 2017 04/11/2017 Document Images 04111/2017 -- ANNUAL REPORT View image in PDF format 04/28/2016 -- ANNUAL REPORT View image in PDF format 04/2712015 -- ANNUAL REPORT View image in PDF formal 03/1712014 -- Name Chan a View image in PDF format 02l2612014 --.ANNUAL REPORT View image in PDF formal 01/24/2013 -- ANNUAL REPORT View image in HE- 01118/2012 - ANNUAL REPORT View image in PDF format 0110512D11 -- ANNUAL REPORT View image in PDF format D410112010 -- ANNUAL REPORT View image in PDF format 04/0812009 — ANNUAL REPORT I View image in PDF forrnat 0411012008 -- ANNUAL REPORT I View image in PDF formal 04/04/2007 -- ANNUAL REPORT View image in PDF format 04/13/2006 -- ANNUAL REPORT View image in PDF formal http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDctaiI?inquiiytype=FeiNu Packet Pg. 254 Detail by FEI/EIN Number Page 3 of 3 8.K.3.c 03116/2005 -- ANNUAL REPORT View image in PDF format D310412004 -- ANNUAL REPORT View image in PDF format 03120/2003 -- ANNUAL REPORT View image in PDF format 04/08/2002 -- ANNUAL REPORT View image in PDF format 02/0312001 —ANNUAL REPORT View image in PDF format 01/1912000 -- ANNUAL REPORT View image in PDF format 02/24/1999 —_ANNUAL REPORT View image in PDF formal 02/24/1998 -- ANNUAL REPORT I View image in PDF formal 0412811997 — ANNUAL REPORT View image in PDF format D212111996 —ANNUAL REPORT I View image in PDF format Flo d� Dep3rtme & Srafe, Divas - or GorOo t-, http:Hsearch.sunbiz.org/Inquiry/CorporationS earcli/SearchResultDeta iPinquirytype=FeiNu... Packet Pg. 255 ITEM NO. (ID # 4390) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Matthew Morse, Venue Coordinator Parks, Recreation, & Facilities Waiver for 2017 Back to School Expo DATE: 06/20/2017 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES The 10th Annual Back to School Expo is an annual, local event that provides one stop access to valuable information and services for families whose children are preparing to attend school or return to school. The event will take place on Saturday, August 5, 2017 and will provide families with health screenings, information on safety, community resources and school readiness. The event is free to the public. The Back to School Expo is organized by a coalition of organizations including the Pink Rose Foundation, the Friends of St. Lucie County Public Health, the Early Learning Coalition, St. Lucie County School District, Healthy Kids of St. Lucie County, the Florida Department of Health in St. Lucie County and Florida Community Health Centers. It is requested that the BOCC waive the rental fee for the Fenn Center in the amount of $3,345. This fee can be waived by the BOCC pursuant to section B.8.a. in "Exhibit A" of Resolution No. 14-053. Additional costs for County staff and equipment will be paid by the renter. PREVIOUS ACTION: July 15, 2014 / Item #2193 - The BOCC waived $3,345 in facility rental fees at the Fenn Center for the 7th Annual Back to School Expo. August 1, 2015 / Item #2878 - The BOCC waived $3,345 in facility rental fees at the Fenn Center for the 8th Annual Back to School Expo. June 21, 2016 / Item#3557 - The BOCC waived $3,345 in facility rental fees at the Fenn Center for the 9th Annual Back to School Expo. FINANCIAL IMPACT: If the fee waiver is approved, the County will forgo $3,345.00 in rental fee revenue under accounting string 001-7511-347221-7510 User Fees. RECOMMENDATION: Packet Pg. 256 Staff recommends Board approval to waive the facility rental Fee of $3,345.00 as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Edward Matthews, Parks, Refreation& Fa ides Director 5/11/2017 iaie . McllntyrMe,torney 5/15/2017 15�' -�Dx �_ Ho and Tipton, Count Administrato 5/22/2017 Updated: 5/22/2017 3:03 PM by Katrina Slay Page 2 Packet Pg. 257 8.K.4.a Marchl 27, 2017 Edward Matthews St Lucie County Parks and Recreation Director 2300 Virginia Ave Fort Pierce, FL 34982 Dear Mr. Matthews, A coalition of community organizations including Friends of St Lucie County Public Health, Early Learning Coalition of St Lucie County, St Lucie County School District, Healthy Kids of St Lucie County, Florida Department of Health in St Lucie County, Florida Community Health Centers, and Pink Rose Foundation -- is in the process of organizing the 101" Annual Back to School Expo scheduled for August 5th, 2017, The Back to School Expo is an annual event that provides 'one stop" access to valuable information and services for the whole family, including health screenings, information on safety, community resources, and school readiness. The event is free to the public. While our community organizations and businesses exhibit their services together, we hope to provide needed services to families, as well as free backpacks and school supplies to help students prepare for a successful school year. The proposed venue of the event is the Havert L. Fenn Center. We are respectfully requesting a waiver of the fees associated with the use of the facility for the event from the Board of County Commissioners. A breakdown of fees quoted by the Fenn Center is hereto attached for your review. Should the commission grant this waiver, we agree to: • Abide by all terms of use from Parks and Recreation Department, • Provide acceptable certificate of event insurance; • Pay for the use of necessary equipment and personnel expenses for Parks and Recreation employees; • Engage Law enforcement personnel and other volunteers for crowd control and security; This year again we hope to receive enough financial support from community sponsorships to provide school supplies to needy families in St Lucie County. No one will derive any profit or financial benefits from the event. Please help us bring this needed event to your constituents by approving our request. Thank you. Respectfully, /I' Cwt� c-OZ is � Sponsorshff Committee Chair Packet Pg. 258 INTERNAL REVENUE nRvicE P, O. BOX 2508 CxNCINNATI, OH 45201 Date: SEP PINK ROSE FOUNDATION INC C/O 99TTY ROBINSflN PO BOX 2075 FORT PIERCE, FL 34954-2075 Dear Applicant: DEPART MT OF THE TREASURY Employer Identification Number: 87-0799463 DLN: 208108011 Contact Person: LINDA DANIELS ID# 75096 Contact Telephone Number: (877) 029-5500 Accounting Period Ending: December 31 ]Public Charity status: 509 (a) (2) Form 990 Required: Yes Effective Date of Exemption: August 28, 2008 Contribution Deductibility: Yes Addendum Applies: No We are pleased to inform you that upon review of your application for tax exempt :status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 PM ROSE FOUNDATION INC Robert Choi Director, Exempt organizations Rulings and Agreements Enclosures: Publication 4221-PC Packet Pg. 259 Detail by Entity Name Page 1 0' Florida Department of Stato Department of Slate ! Division of Corporations 1 Search Records 1 Detail By Document Number 1 Detail by Entity Name Florida Not For Profit Corporation PINK ROSE FOUNDATION, INC. Filina Information Document Number N07000002186 FEI/EIN Number 87-0798463 Date Filed 03/01/2007 State FL Status ACTIVE Last Event CANCEL ADM DISSIREV Event Date Filed 11/12/2008 Event Effective Date NONE Principal Address 2011 DADE ROAD FORT PIERCE, FL 34982 Mailing Address P O BOX 1713 FORT PIERCE, FL 34954 Changed: 08/ 11 /2009 Registered Aaent Name & Address BRANT-WILSON, VALERIE 945 S GE=ORGIA AVENUE ROCKLEDGE, FL 32955 Address Changed: 11112/2008 Officer/Director Detail Name & Address Title CHRM Smith, Mazella 1811 East Sanderling Lane FORT PIERCE, FL 34982 Title V-CH Jerger, Michelle DIVISION OF CORPORATIONS littp:Hsearch.sunbiz.org/Inquiry/corporationsearcli/SearchResultDetail?inquirytype=Entity... Packet Pg. 260 Detail by Entity Name Page 2 0� 5503 Paleo Pines Circle FORT PIERCE, FL 34950 Title S Cason, Annette 3008 HIBISCUS AVE FORT PIERCE, FL 34947 Title Treasurer Hendley, Cassandra 426 9th Avenue VERO BEACH. FL 32962 Annual Reports Report Year Filed Date 2015 02/23/2015 2016 02/27/2016 2017 02/20/2017 Document Images 02/2012017 -- ANNUAL REPORT View image in PDF format 02127/2016 -- ANNUAL REPORT View image in PDF formal 0212312015 -- ANNUAL REPORT View image in PDF format 02/24/2014 -- ANNUAL REPORT View image in PDF format 01/2512013 — ANNUAL REPORT View image in PDF format 01109/2012 -- ANNUAL REPORT View image in PDF format 0113112011 --ANNUAL REPORT View image in PDF formal 02112f2010 -- ANNUAL REPORT View image in PDF formal D811172009 - ANNUAL REPORT L View image in PDF format 11/1212008 -- REINSTATEMENT I View image it PDF format 0310112007- Domestic Non -Profit View image in PDF formal rm—na Dep,ari.nem o' state, D-s— of ccro—t—s http://search.sunbiz.org/Inquiiy/corporationsearchlSearchResultDetaiI?inquiiytype=Entity... I I Packet Pg. 261 8.K.4.c J COUNTY VENUE IF L • Ft I r PHONE Date: April 7, 2017 Event: Back to School Expo No. of Attendees 2,000 Contact: Betty Robinson EXHIBIT A RESERVATION FEES Havert L. Fenn Center 772-462-1521 FAX: 772-462-1128 Event Date: August 4 - 5, 2017 Event Day: Saturday Event Times: 8am - 11 am Set Up/Load In: Fri. 12pm - 5pm, Sat. 6am - 8am Break Down/Load Out: Sat. 1lam - 12pm Total Event Hours, inc. Load in/Out: 11 hours Organization: Pink Rose Foundation Inc. Address: PO Box 2075 Ft. Pierce, FL 34954 Office Phone: Fax: Cell: 772-971-1596 E-mail Address: betty_robinson2@bellsouth.net *********************************************************************************************** Facility Use Fee Gymnasium - Friday Entire Fenn Center - Saturday EauiDment Use Fees Rate $160 per hour X 5 hours $610 per hour X 6 hours Sub -total Deduct 25% Nonprofit Discount Revised Sub -total Sales Tax 6.5% FACILITY USE FEE TOTAL Fee $800.00 M660.00 $4,460.00 $1,115.00 $3,345.00 T/E $3,345.00 Tables & Chairs N/C $0.00 Projectors & screens $75 each $150.00 Sales Tax 6.5% T/E EQUIPMENT FEES TOTAL $150.00 Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Required) $25 per hour X 6 hours $150.00 Custodian/event staff $18 per hour X 6 hours X 5 staff $540.00 STAFF FEES TOTALI $690.00 Other Fees Cleaning Fee Event Insurance Premium (if applicable; by separate check) OTHER FEES TOTAL $225.00 TOTAL CHARGES WITHOUT WAIVER $4,410.00 AMOUNT TO BE WAIVED $3,345.00 Payable to St. Lucie County BOCC TOTAL ESTIMATED CHARGES WITH WAIVVER1 $1,065.00 Other Requirements include but are not limited to: 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County BOCC as an Additional Insured is required. If needed, event insurance is available at reasonable rates. Prepared by: Matt Morse 0 a x w 0 0 0 r m ti r 0 N L ,° L a� 0 rn M FORM APPROVED MAY 2012 Packet Pg. 262 8.K.5 ITEM NO. (ID # 4437) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: James Clasby, Project Manager Parks, Recreation, & Facilities DATE: 06/20/2017 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Award of Bid No. 17-033, St. Lucie County Sheriff's Administration Parking Lot Light Replacement Bid No. 17-033 was solicited for replacement of the Parking Lot Lights at the St. Lucie County Sheriff's Office Administration Building. This project is on the Facilities Maintenance Improvement Plan, and the existing lighting will be replaced with energy efficient LED lamps. On May 17, 2017 submittals to Bid No. 17-033 St. Lucie County Sheriff's Administration Parking Lot Light Replacement were opened. Two proposals were received. 363 companies were notified and 17 sets of bid documents were distributed. Staff is recommending approval to award Bid No. 17-033 to the lowest responsive and responsible bidder Imperial Electrical Inc. of Plantation, Florida in the amount of $64,700.00 PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds are available in account 107-1931-546200-1907 in the amount of $64,700.00 RECOMMENDATION: Staff recommends Board approval to award Bid No. 17-033 to Imperial Electrical Inc., the lowest responsive and responsible bidder in the amount of $64,700.00 to complete the Parking Lot Light Replacement for the St. Lucie County Sheriff's Administration project, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 263 Coordination/Signatures Edward Matthews, Parks, Refreafion & Fa hies Director 6/12/2017 4anieA..McIntyre, C my ttorney 6/14/2017 Je er Hill, Budg t Man � 6/12/2017 rk 5 er ee 1 ep C o u n t-y-Ad ministrato 6/14/2017 updated: 6/12/2017 11:36AM by Jennifer Hill Page 2 Packet Pg. 264 8.K.5.a BOARD OF COUNTY COMMISSIONERS COUNT F I. G R I D A - j PURCHASING DEPARTMENT TABULATION SHEET - BID #17-033 St. Lucie County Sheriff's Administration Parking Lot Light Replacement OPENED: May 17, 2017 AT 3:00 PM Two (2) submittals were received for subject proposal: Imperial Electrical Inc. Pride Electrical Services of Florida Plantation FI. Ft. Pierce FI. Amount Amount Total Bid (Lump Sum) $ 64,700.00 $ 81,600.00 Number of companies notified*: 363 Number of bid documents distributed: 17 Number of bids received 2 *per demandstar.com Packet Pg. 265 8.N.1 ITEM NO. (ID # 4424) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Craig Hauschild, Assistant County Engineer Engineering DATE: 06/20/2017 *CONSENT AGENDA\PUBLIC WORKS Juanita Avenue Sidewalk (41st Street to Sheraton Plaza) - Accept Project and Approve Final Payment This project consisted of constructing a 6-foot wide concrete sidewalk on the north side of Juanita Avenue between 415Y Street and Sheraton Plaza. The existing millings sidewalk constructed many years ago by St. Lucie County was replaced as part of this project. On July 20, 2016 four bids were received for Bid No. 16-044 Juanita Avenue Sidewalk (415t Street to Sheraton Plaza). The apparent lowest responsive, responsible bidder was PRP Construction Group, Inc. of Indiantown in the amount of $277,144.18. The project has been completed. Staff has monitored the construction throughout the duration. The work has been completed in general conformance to plans and specifications. Approximately $17,912 of the $25,367 contingency (approximately 70%) was used to complete this work. PREVIOUS ACTION: 8/16/2016 - Board approved bid award to PRP Construction Group, Inc., in the amount of $277,144.18 for Juanita Avenue Sidewalk (41st Street to Sheraton Plaza). FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board acceptance of the Juanita Avenue Sidewalk (415t Street to Sheraton Plaza) and approval of final payment. COMMISSION ACTION: Packet Pg. 266 8.N.1 Coordination/Signatures -VS4VWAtI, D444ADRM, - Susan Durden, Executive Assistant 6/5/2017 4anieA..McIntyre, C my ttorney 6/11/2017 rk 5 er ee 1 ep C o u n t-y-Ad min sstrato 6/12/2017 Updated: 6/9/2017 9:07 AM by Katrina Slay Page 2 Packet Pg. 267 8.N.1.a �`5 � A N Fr .I i\%"t TO: Dan McIntyre, County Attorney THROUGH: Craig Hauschild, Assistant County Engineer FROM: Jennifer Krause Program Coordinate q , DATE: 05/23/2017 SUBJECT: Juanita Ave Sidewalk (41" Street to Sheraton Plaza) — PRP Construction — Releases of Lien .............. .. Releases of lien are attached on the above referenced project. Please approve for correctness. Thank you. Approve: Dan McIntyre County Attorney Attachment: Payment Request C:Finance Date: AlI P 3L43 Packet Pg. 268 P APPLICATION FOR b AND FINAL PAYMENT Project Name: Jaunita Ave.Sidewalk (41 st Street to Sheraton Plaza Engineer's Project Na.: 16-004 Owner; Board of County CommissQners, St, Lucie_ ounty. Florida Contractor: PRP Construction Group, LLC _ `Contractoate: 10/14/16 Application Amount: 26,711.72 Application Date: S/1il17 For Period Ending: 5/1 1/ 17 Initial Contract Amount Based on Estimated Quantities: $ 267,1 17.25 U As Applied for As Approved Tabulation of AEuount Due This Application By Contractor By Engineer Cam. ORIGINAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of Completed Work") $ 249,205.25 CHANGE ORDER NO. 1 a 100 °k Complete (+) $_ _7,257.00 _7 ci-iANGE ORDER NO. 2 p 100 % Complete (+) $ 1.188.00 $ CHANGE ORDER NO. 3 Q 100 T%Complete (+) s 2,976.00 $_Z��'� 4 , e) �h � CHANGE ORDER NO, 4 @ 100 9'a Complete {+} $ 5,791.00 Previous Payments: #1$ 30,522.37 rrz $ 59,602,05 #3 $ 118,060.43 _ #4 $ 2 #5-XKLX 14948_.10 TL. Total Work to Date Less Previous Payment Subtotal Less Failed Laboratory Tests (+) s 267,117.25 �_ $ "7t/17, 2 S (_) 240 405.53 $ 2 4,0 4'� 5- � .33 $ `7it, 72 (") $ Amount Due Final Payment, Except for any Liquidated Damages Assessed by the Hoard CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that all obligations incurred by the Contractor under this Contract to date have been discharged in full; that no suits are pending in connection with the work under the Contract; that the Contractor agrees to the total final price of $ 267,1 17.25 and final payment of $ 26 711.72 as full settlement of his account under the Contract and of all claims in connection therewith. CONTRACTox PRP CONSTRUCTION GR UP LLC BY: TITLE: Presidoal COUNTY OF Martin STATE OF FI Before me this,,_ L, day of May . 20J.L personally appeared Peggy Sheltra known to me, who being duly sworn, did depose and say that he is the (office) of the Contractor above mentioned; that he prepared attached application for payment and executed above affidavit on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. My commission expires: MY COMMISSION 0 00060790 TD: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, The attached application for payment by the Contractor has been reviewed & the Engineer. The Engineer hereby approves Final payment under this application in the amount of $ less liquidated damages assessed by the Board; WITH ACTUAL PAYMENT SUBJECT TO CONTRACI'O 'S SIGNING ABOVE AFFIDAVIT. Date: APPROVED Contract Time Began: Substantial Completion on: Actual Construction Time: Cal. Days Contract Construction Time: Cal. Days Rainy Days Allowance: Cal. Days Other Overrun Allowances: Cal, Days Net Overrun: Cal. Days cc: Finance Officer ST. LUCIE COUNTY ENGINEERING DEPARTMENT Michael V. Powley, P.E. County Engineer Checked By: f ` Prepared By: St. Lucie County Eng. Donald B. West, P.E. Public Works Director 05115/17 MAY I i, ?V 7 ENGINEERING Packet Pg. 269 1 8.N.1.a January 5, 2017 American Concrete Industries, Inc. 350 North Rock Road Fort Pierce, FL 34945 Re: Notice to Owner - PRP Construction Group LLC — Juanita Avenue Sidewalk (4111 Street to Sheraton Plaza) 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 PRP Construction Group, LLC and the surety is American Contractors Indemnity Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Engineering Packet Pg. 270 8.N.1.a 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 right to claim a lien for labor, services or materials Furnished to ( customer) p p Construction Group, LLG on the job of( owner) St Lucie County Board gL(jgunty Commissioners , to the following described property: Juanita Ave Sidewalk L41sl S S Dated '— I Personally ap that helshe is that helshe is Who is p sor as idezOricatit Lienor s Name Address By Printed Name me th!js day of being duly of known to me orwhohas produced American t� Es Notary Stamp Note. This is a statutory form prescribed by Section 713.20, Florida Statutes (1996) Effective October 1, 1096, a person may not require a lienor to furnish a waiver or release of lien that is different. from the statutory form. ?L. Zr ,Oaf Notary Pablic Slate of Florida Margie A Johnson P4y Commissiorr FF o42699 Expires M2412017 Packet Pg. 271 8.N.1.a October 18, 2016 Ferguson Enterprises Inc. Attn: Credit Dept 813-989-8778 7816 Professional Place Tampa, FL 33637 Re: Notice to Owner - PRP Construction Group — Juanita Avenue Sidewalk - Ref#00125*53695 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 PRP Construction Group, LLC and the surety is American Contractors Indemnity Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Engineering Packet Pg. 272 8.N.1.a WAIVER AND R.]CLEA0 OF LIE N UPON FINAL PA.YM ENT The undersigned tenor, in consideration of the final payment in the amount of $ 10.00 , hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to ( customer) PRP Consfiruetinn G rnii)_ I I Q on the job of( owner) St Lucie County Board of County Commissioners , to the following described property: Juanita Ave Sidewal1(41st Street to Sheraton Plaza. _— Dated S- E (-. • 1 Llenors Name Ferguson nter rRi�.5_ Address By PrintedNameName Title: t,am 1. xay l �redit 96nager Personally appeared before me this _ iY T day of , a -- ----------------- � that helshe is ,�.TSJ%-Qwho, being duly sworn on oat , says that helshe Is ^ Credit Man ag* Mgr enn who is personalty known to me or who has produced as EdentiClaation. '�a ,a. SHARLYN SARAGoZA . My COMW$S{ON # GC065649 Notarysto EXPIRES March 30. 2021 Notary Stamp Note: This is a statutory form prescribed by Section 713.20. Florida Statutes (1936) 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_ Packet Pg. 273 8.N.1.a December 29, 2016 Maschmeyer Concrete Company of Florida 1142 Watertower Road Lake Park, FL 33403 Re: Notice to Owner - PRP Construction Group — Juanitr4 Avenue Sidewalk — WO#2231646D 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 PRP Construction Group, LLC and the surety is American Contractors Indemnity Company. Sincerely, Daniel S. McIntyre County Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Engineering Packet Pg. 274 8.N.1.a WAIVER AND RE, LEASE OF LIEN UPON FINAL PAYMENT The undersigned Ilenor, in consideration of the final payment in the amount of $ 10.00 , hereby valves and releases its lien and right to claim a lien for labor, services or materials furnished to ( customer) PBP Co on the job of( owner ) _. St Lucie County Board of you y Cam( icners _ , to the following described proper4y, .Juanita Ave Sidewalk (41st Street Dated L.iener's Name Maschme e Address Printed Marne x Title; Personal) ap eared before me tltiis-daY of l I that he! e vho, being duly sworn on ath, says that he e's f_ who Is p t �c o►�wn� me or u�ho has produced -- --...- as ident ic,?,1ibn. SUSAN RUSSO -"° Commission 9 FF 921492 t iota Stamp r}' as Expires October 9, 2019 j;; BrAaL .TaYFAI L+aio H9-Z'.ir19 Note: This Is a statutory form prescribed by Section 713,20, Florida Statutes (1926) 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. Packet Pg. 275 8.N.1.a March 8, 2017 American Contractors indemnity Company 601 S. Figueroa Street Suite 1600 Los Angeles, CA 90017 Re: Notice to Owner - PRP Construction Group LLC —Juanita Avenue Sidewalk Street — Ferreira Construction Southern Division Co., Inc. Dear Sir: Your Notice to Owner was referred to this office for response. You are hereby notified of the existence of a Public Constructior Bond (copy enclosed) for the above referenced. The principal on the bond is PRP Constructi^n Group, LLC and the surety is American Contractors Indemnity Company. Sincerely, Daniel S. McIntyre Count, Attorney DSM/slb Enc. Copies to: County Administrator Finance Director Engineering Packet Pg. 276 8.N.1.a BOARD OF COUNTY COMMISSIONERS Heather Young Katherine Davis Barbieri March 8, 2017 American Contractors Indemnity Company 601 S. Figueroa Street Suite 1600 Los Angeles, CA 90017 COUN1 ATTORN E Daniel S. Win ASSISTANT COUNTY ATTORI ASSISTANT COUNTY ATTORI Re: Notice to Owner - PRP Construction Group LLC —Juanita Avenue Sidewalk Street -- Ferreira Construction Southern Division Co., Inc. 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 PRP Construction Group, LLC and the surety is American Contractors Indemnity Company. Sinc re y Dani IS. fre County A DSM/sib Enc. Copies to: County Administrator Finance Director Engineering CHRIS DZADOVSKY, District No. 1 • TOD MOWERY, Districr No. 2 • LINDA BARTZ, District No. 3 • FRANNIE HUTCHINSON, Dlstricr No. 4 • CATHY TOWNSEND, District No. Q County Adminisrroror - Howard N. Tipton 2300 Virginia Avenue • Ft. Pierce, FL 34982-5652 • Phone (772) 462-1441 FAX (772) 462-1440 0 TDD (772) 462-1428 Packet Pg. 277 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCK^ COUNTY FILE # 4225865 09/01/2016 08:37:11 AM DR 600K 3907 PAGE 2336 - 23a8 Doc Type: BOND RECORDING: $27.00 Bond No. 1001058129 PUBLIC CONSTRUCTION BOND BY THIS BOND, We PRP Construction Group, LLC as principal, and American Contractors Indemnity Company a Corporation, as Surety, -are bound to the 5T. LUCIE COUNTY, herein called "County", In the sum (if $_ 277,144.18 for paymentof which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract dated August 16 2016 between Principal and County forthe construction of the Juanita Avenue Sidewalk f4V Street to Sheraton Plaza St. Lucie Count Bid No.16-044 located within St. Lucie County, Florida, the Contract belag made a part of this bond reference, at the times and In the manner prescribed in the Contract; and 2. Promptly makes payments to all claimants, as defined in Section 255,05(-1), Florida statues, supplying Principal wlth labor, materials, or supplies, used directly or Indirectly by Principal in the prosecution of the work provided for In the Contract; a nd 3. Pays County all losses, damages Including but not limited to delay damages, expenses, costs, and attorney's fees, Including appellate proceedings, that County sustains because of a default by Principal under the Contract; and 4. Performs the guarantee of all work and materials furnished under the ,Contract for the time specified in the Contract, then this bond is void; otherwise It remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions In Section 255.05(2), Florida Statutes. Any changes In or under the contract documents and compliance or noncompliance with anyformailtles connected with the contract or the changes does not affect Surety's obligation under this bond. Principal agrees to record this bond in the official Records for St, Lucie County before the commencement of the work subject of this bond. DATED ON: August 22nd 20 16 PRINCIPAL; PRP Construction Group, LLC Address:, 7600SWSprinQhavenAvenue Indlantown, Florida 3 956 phoneNumber: 7721 597-b923 • By. he ra, President Packet Pg. 278 8.N.1.a � V� �Il���l�il ' „ I��I, � �!�l�l�����lilll�l��lll�d� � �� � • POWER OF ATTORNEY AMP-RICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY - UNITED STATES SURET---C.. , 1PANY U.S. SPECIALTY INSURA iIC.O.MPANY � 1 Kl Ai MEJ6 TIIESE i��I A�-teii�cart Contract I� 1 ,� I' i n 1� California t� n e % !ti h }am — $ort •g/.. Cempany, an assure d nand f ;xina� retractors Indetnnttylt � !tnpanya, riited'States Surety Com tta ., corporation and U.S. Specialty Insurance Company, a Texas corporation (col eotively, the "Companies"), do by these presents make, canstirirte and appoint: Bradford J. Quiri, Jeremy Crawford or Jessica Marie Evans of Tampa, Florida ip!m teCapacity if mo tmTan=o�re i -nWe, with fullo��cini wled e andds reco nEzor contracts o suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Three Million****** Dollars (S **3,000,000.00** . This Power of Attorney shall expire without further action on December 20, 2017, This Power of Attorney is granted under and by auth�-'nyt~y of e= d.%; ing resolutions admt theO d f Directors of the Cotnpaniesis i Se eFSlvehl th,eesldcnt, any Vices3r�---ans_�t�ioresident, an Se i r t ry shall be and isre>i ettrT1= has n„ c L a i of the Company fthe o -gwer and autlty i+appoint any one or miialperson F�iaarey(s)-in-Feat to repsli!�ly�ln,�_ r! tlorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and�n s nstruments so executed by any such At rrr .,-in-Fact shall be binding upon the�pa tWs�gned by the President and sealed and effwzd h mt� o eta �I III ���f �a nature of any au lit "'fill - jltieeil��`�n'd Ise I _ tI. ompany heretof ti re er�i: t der of attorney i cert cet vela g Q zel csi le;-=arr�any power of attorney QrJ�erl �f'ia�' bea.I z<g facsimile signature or fa� nr�see l'bMFd%rigs binding upon the Ccan�iny wespeeR .i : iy b7- or undemking to which it is attached llllilll• IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seats to be hereto affixed, this 1 st day of Dccernber, 2014. _ a AMEBIC CON -�r0W 1�D KNITY COMP�Ny 14E, 1 1J [I 1C � lii'1t pAltTy _ UNITLli3&&'L I1AT�.�M iY U.S.SPE�r LT,YI? SU�A,CEICOl4'f�PANYVU + 5.....R��nu`_WE.. IW] I 7 it ,Il,iIIIIVIr U�,11,11/ ! 4n11ry, , 111 1 hit E Iln /yi—,• ,��i +,o iA �... s u ,eT� ,� �. ,.,. • ,o� a m �• o� VOr '•y0 g `r,7r � t ry Soil l 9. yy N[VaPOMTER - -CI I'J]l/+Y tit �� �k. .Xc fll NV, It 1..� S a_ 'al aevilti,cpo `�€ zw`•I �Z ,�-r'� Daniel P. Aguilar Vic, President v rnun nunwr+'�� k "I'A a`a`` I i Creir 1 u I i ro"eaR 3officer corn lert i111, {hly the identity l rM +i a oaf p the1cert'siicate is attrlt} h l'ess, accuracy, or try, do xrent . State of California County of Los Angeles SS: On this I st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally ap eared Dan P. Aguilar, Vice President of American tfompany, Texas ndiifisj2 Ystpan mtegi�ptos Surety Com ny � S� a ante Company who- o m , Gortl@tors I emnl$ �h I �,. ME MGM -- thrris,af:fa�tor7evidencc to be tlpersoa os�rn� is sulzSsribed to the wig r n �k ed to tree that hTcecn ,his ailthorize pacsgytai►nd that by his sig�tti€e€e Quit tr enter erson, or the wti u- al 'of ''�trc�" ,h'�,person acted, exert it ins n �I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIA G, RODRIGUEZ-WONG CommI1610 49771 1 $n ire= - i1'i!III . f �I@tqu �''�myltyl�,lk z is11CfPd i rnla i r " «,"lp _ °��j��tYl '�t,jlllu Carom. E ra0i7, 2017 Y c tee 1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S, Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full t = rrn. rr.itkw, c _ I I'Ina tressre have heretmt�i�a Ina—�tlte seals oFs i a I eles, Californil7 i= afi nn,apur, luunnrl ul,lnnnlr,,, Ilnliur°' a+"t alN rr/a, ,r+`"jnalrran/a Corporate Seals o�sAnaragsny essugFT�+oN.._..�o ,r nee zT�of a ;,rry� ti� ay c �jj Maw I (`,, }01 X(iu: Sy�FFt• .,{ — ntRl�'.`elz�i - W1 EVY.>3.,9� '•<- 50 Ill! pll� r !li1 -Y•s �? -74 Wa 1.. -.. _ fy' - "n� r ��'I a l :.. .r xrq , p'r a�NFInI1nuE: — .•� pp�•,-�OJ r •7 7i Z' I oFt Y� r4FURli ,a. 'rr r'✓i�tl�,lV!��1hi1311 �• Kio Lo, Assistant Secr�etarmw P-,-: Q Packet Pg. 279 8.N.1.a FINAL WAIVER AND RELEASE OF LIEN The undersigned, in consideration of the final payment of S 10.00, receipt of which is hereby acknowledge, hereby waives and releases its lien and rights to claim lien for all services, labor and material furnished to PRP CONSTRUCTION, INC. for or incorporated into the job of the following property described as: JUANITA AVENUE SIDEWALK 41ST STREET TO SHERATON PLAZA ST LUCIE COUNTY, FL THE UNDERSIGNED ACKNOWLEDGES THAT, UNDER FLORIDA STATUTES, THE CONTRACTOR, OWNER, AND OTHER PARTIES HAVE A RIGHT TO RELY UPON THIS WAIVER AND RELEASE AND THAT MAKING ANY FALSE STATEMENTS SHALL CONSTITUTE PERJURY AND PUNISIIMENT CAN BE MADE IN ACCORDANCE WITH THE PROVISIONS OF THE LAWS OF THE STATE OF FLORIDA. DATED THIS 17 DAY OF JK(te4 20L By:-� MYR VICE State Of Florida County of Martin 's Tractor Service Inc. SWORN TO AND SUBSCRIBED BEFORE ME this day of ) 20 by Zqa,who [ X l is personally known to me ar- pf-egueed tdentifieatienr (NOTARY SEAL) e C. NOTARY Y PUBLIC, STATE OF FLORIDA ,PY Pu&� DEONE MUECK my UOMMISSION FF 173010 Typed, printed or stamped EXPIRES: December 7, 20% "11PGe Pandad ThN Budget Wary Services Packet Pg. 280 8.N.2 ITEM NO. (ID # 4425) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Craig Hauschild, Assistant County Engineer SUBMITTED BY: Engineering DATE: 06/20/2017 *CONSENT AGENDA\PUBLIC WORKS SUBJECT: South FFA Road at North St. Lucie River Water Control District (NSLRWCD) Canal 49 Cured -In -Place Pipe Liner Project - Accept Project and Approve Final Payment BACKGROUND: During routine inspections, the culvert carrying South FFA Road across the North St. Lucie River Water Control District's (NSLRWCD) Canal 49 was observed to need repair. As this roadway is the only means of access to residences in Pine Hollow Development, a cured -in -place pipe (CIPP) liner was selected to maintain the integrity of this crossing. Plans for this work were assembled in-house. On January 11, 2017, four quotes were received. The lowest responsive, responsible bidder was Shen -Lin LLC of Pompano Beach, Florida in the amount of $53,347.80. The project has been completed. Staff has monitored the construction throughout the duration. The work has been completed in general conformance to plans and specifications. Approximately $923 of the $4,849.80 contingency (approximately 19%) was used to complete this work. In accordance with our agreement with NSLRWCD, the culvert crossing will continue to be monitored for a period of five years to confirm adequate flows have been maintained. The repair is to be considered temporary with replacement of the crossing imminent once construction funds are made available. Replacement of the culvert crossing, if performed today, is estimated at $350,000. 1111/[611J►VITQI[Q0; 2/7/17 - Board approved bid award to the lowest responsive and responsible bidder, Shen -Line LLC, in the amount of $53,347.80 for South FFA Road at North St. Lucie River Water Control District (NSLRWCD) Canal 49 Cured -In -Place Pipe Liner project. FINANCIAL IMPACT: N/A RECOMMENDATION: Packet Pg. 281 8.N.2 Staff recommends Board approval of the South FFA Road at North St. Lucie River Water Control District (NSLRWCD) Canal 49 Cured -In -Place Pipe Liner project and approval of final payment. COMMISSION ACTION: Coordination/Signatures Asnvwn- DAuzea - Susan Durden, Executive Assistant 6/5/2017 d Danie S. McIntyre, C my ttorney 6/11/2017 Mark 5 ter ee, Depv County A ministrato 6/12/2017 Updated: 6/9/2017 9:08 AM by Katrina Slay Page 2 Packet Pg. 282 soup— P [J I k K 1. JA!1- N U?. 1 12 LL TO. Dan McIntyre, County Attorney THROUGU: Craig Hauschild, Assistant County Engineer FRONI. Jennifer Krause, Program Coordinatev-,4� I I DA'rr, 055/23/2017 SUBJECT: South FFA Road (Da Canal 49 - Shen -Line, LLC - Releases of Lien There are no Liens filed on the above referenced project. Please approve for correctness. Thank you - Approve: Attachment: Payment Request C: Finance Date: Y- 6 CJS I Packet Pg. 283 1I APPLICATIONFOR AND F1.NAL I'AYM F:N'1� P - Om �Y- Pol- j j Nr cxt Name: `'nut'n FFA ISnorl rz+ i lSLI�WC=) C..e+,ai 49-- Fngineer's Projr:rl No,:. PO !701890 Ownvr: L�oj+ACounly Cumnt'sk iunt + 51, W3d• t,t tify I+ Contractor: he�r�•I arc�t-tZ contract Date: i-12-17 Application An3ount:._ _� - 499.8L � Appli+.aliun Dattr 5i11-17 For 11vriod Endingimm,8_ /1_7, ln3ti,tl frntr,nt Amount Tvuon GFttd tuantitic�� $3,347 FS{i w.M._. A.,Appli,-d for As Apprcn•ed tabulation ;_rl Atrom)A lh !!L1-h ti Aryiea1Jori By Cnntrrxto n Fnei:recr 0Ki(;[NAl CONIRACCI'AMOUNTCO141P1-L7TLD*I*ODA'IE (See Attachud -L• Nitrate of Completed Work") C:FIAN(:I: ORDER NC)•._____cm, CHANGE ORDI-R L'FIANG1- ORI)FR NO_---ve CHANGE ORDER NO. qv Previous Pavnwois: '2 945 1 omI $- - j-'-, '1u Complete (+) ., Complete. {+] ^� Cornplete H Compk to (t) Total Work la Dale ti45 t'reViQ lS iFaj'ment "nbtotal Less Feilud L.Itx,r i tv.it•sts (*) s 1? 621 DO -- Amount Duv Final I'avrnent, Excc pt f„r .Inv I.ic3nidat,�d Danid1,l, 11Y the hoard CONTRACTOR'S AFFIDAVI'l k, (/ 1 he under%ignvd C'+,ntractor hvrahy *wear~ under pt-natty of rw• ury that ,all ubligatiorLs incurred by tlty Cunlr.wkor ei this Contract to date have ber'n distharl,rrl in full, that no suits art: }ending ill vontsic-tion with the works under the Contract, that thu C+,tttrdctor agi-_vs to the total final },rice of $4 r C,Z; C>i and final payrr3crnt ni 4? J`i ;_`i::.._...- — �rt full ,r•k#It°n,+•nt of tei� arcnurrt t:rtde•r tireC antra+°€ an,4 of ul! c laims in conn<•ction thcscv+'ith. wW�������•L,::� �� I �•F....... TITLE; - VP Of fJper•e'Ions _...--- — Ct1UNIYOI' St _ucr8 51 AI F OF t.3efc,rc mu khi I itlt_day of 6cni Zo_L;?? t per5u Wlv appo.,armi _, known to rno, who tiving dtdy skean, did de}xtse and +•sy that ter N the (ofiicc) of the Contractor abnre mentioned; that ter hrelrawd attasclud application Icrr paytaaent and exc`cutcd ate n'u affidavit on behalf of sirid d therein are tru corrcx t�rmpletc% j ,'`s►+'rnW�V+. AMY L30NGOUIST klv comrnis,,io + r�. , Notary Public •Skate Di Florida A� My Comm. Expires Apr 1, 2018 Nota I' I!c f f •+? w c. '+` Commission #r FF 106800 1-0; BOARD OF COUN-fY CONWISSIONEWS, ST. LUCIE COUNTY, FLORIDA The attached application for payownt by the C+mtr,letar has bet tl rc vie Svv� i t,�, [lie Fnlr,ineer. I"he Enginu.r hereh�' appravcs final payment und, r thi; application in the amnunt of .5 � 2 � qq. gQ , less liquidaded drt a,agVS aasessud by lire Board. WITH ACTUAL PAYNIFN'T SUBJECT TO CONTRAC fOR'S SIGNING ABOVE AFFIDAVIT. ST. LUCIE COUNTY ENGINEERING DEPART�AENf APPR{)WD BY: Comract'I ime Ilogan: 1A i� — 5ubsta11tir1l Completion on: 3 Actual Ccrostruclion Time: 3 _ _ Cal. Days Contract C'ooclruction -rime: 'j5 __ Cal. bats Rainy Days Allo%v,mce: Cal, Ddl`S Other Oyi'rrLin A I loi,vances: Ca I. Days Net Overrun: cal. Dcn'S ve: Finance Officer Donald 13. West, I'.F. Public Works Director Chucked By: Prepdrvd By: 15.t/t6.�.�.r•-{"' St. I.ueie Cot€nty Eng. Dejporlment MAy .EER3 G Packet Pg. 284 8.N.3 ITEM NO. (ID # 4438) DATE: 06/20/2017 AGENDA REQUEST *CONSENT AGENDA\PUBLIC WORKS TO: Board of County Commissioners PRESENTED BY: Rod Reed, County Surveyor SUBMITTED BY: Engineering SUBJECT: Savannah Club RaceTrac BACKGROUND: The subject 3.24 acre property is located at the southeast corner of U.S. Highway No. 1 and Savanna Club Boulevard. This property is zoned CG (Commercial, General) which is consistent with the COM (Commercial) future land use. As part of the site plan, improvements were proposed to be made in the County right-of-way. This included, but is not necessarily limited to, sidewalks, drainage structures, drainage ditch and road improvements. On November 15, 2015 PDS 15-036, MNSP 520144766 was issued for the project. As part of the conditions for approval, a Road Improvement Agreement (RIA), together with the appropriate surety, is required. In accordance with the RIA, RaceTrac Petroleum, Inc. posted a surety in the amount of $62,023.00. The surety represents 115% of the estimated cost of improvements. On October 25, 2016 a construction completion certification was received along with a request to inspect the constructed improvements. Staff performed an onsite inspection on November 7, 2016. A deficiency letter was issued to the consultant. On May 10, 2017 a second construction completion certification addressing the deficiencies was received. On May 12, 2017 a second onsite inspection occurred. All deficiencies have been addressed and corrected. PREVIOUS ACTION: October 27, 2015 - County Administrator executed the Road Improvement Agreement. FINANCIAL IMPACT: N/A RECOMMENDATION: Packet Pg. 285 8.N.3 Staff recommends Board release the Road Improvement Agreement surety in the amount of $52,718.55, retain $9,304.45 (representing 15% of the total) and enter into a maintenance agreement for a period of one-year and 30-days as cited in the Road Improvement Agreement. COMMISSION ACTION: Coordination/Signatures Craig Ha child, Assistant C ant Engineer 6/9/2017 ian],ieY5. McIntyre, C my ttorney 6/11/2017 rk S er ee, Depv. County ministrato 6/12/2017 Updated: 6/2/2017 11:15 AM by Linda Buchanan A Page 2 Packet Pg. 286 8.R.1 ITEM NO. RES-2017-135 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Peter Buchwald, Executive Director SUBMITTED BY: Transportation Planning Organization DATE: 06/20/2017 *CONSENT AGENDA\TRANSPORTATION PLANNING ORGANIZATION SUBJECT: Approval of Federal Metropolitan Planning Grant Funding for FY 16/17 BACKGROUND: The St. Lucie Transportation Planning Organization (TPO) has received notification of funding from Florida Department of Transportation. The amount of the Federal funds to be received by the TPO are $35,000 for FY 16/17. PREVIOUS ACTION: September 6, 2016 - BOCC approval of the First authorization of PL funds. October 18, 2016 - BOCC approval of the Second authorization of PL funds. FINANCIAL IMPACT: FY 17 budget is $508,675. Since these funds were not include in FY 17, funding is not appropriated in FY 17 adopted budget. Therefore, a budget needs to be established to expend these funds. Matching funds are not required. Funds will be made available in the Metropolitan Planning (PL) Grant fund (001580- 1540-331130-100). RECOMMENDATION: Staff recommends Board approval of budget resolution in the amount of $35,000.00 to amend the county budget for receipt of PL funds on behalf of the St. Lucie Transportation Planning Organization (TPO). COMMISSION ACTION: Packet Pg. 287 8.R.1 Coordination/Signatures D- ianie/S. McIntyre, C my ttorney 6/11/2017 JN Hill, Budget Man 6/8/2017 Updated: 6/14/2017 12:58 PM by Katrina Slay Page 2 Packet Pg. 288 c� uolslAGN dMdn L�-96 A=I Odl a!onl 'IS a01 WN0=I 1N3W0N3WV 1N31A133NOV OdW :e'VN'9Iu8uay3e;}d STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-02 AMENDMENT TO THE POLICY PLANNING 00 OGC - 5/16 METROPOLITAN PLANNING ORGANIZATION AGREEMENT Page 1of2 Financial Project No.: 439326-1-14-01 (item -segment -phase -sequence) Contract No.: GOC98 CFDA Number & Title: Fund: PL Function: Federal Award Project No.: 0311(054) MPO DUNS No.: 072215403 FLAIR Approp.: FLAIR Obj.: 55042010430 Org. Code: Vendor No.: F596000835011 THIS AMENDMENT TO THE METROPOLITAN PLANNING ORGANIZATION AGREEMENT (Amendment) is made and entered into on this day of by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (Department), an agency of the State of Florida, whose address is Office of the District Secretary, 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 and the St. Lucie Transportation Planning Organization (MPO), whose address is 466 SW Port St. Lucie Boulevard, Suite 111, Port St. Lucie, Florida 34953, and whose Data Universal Numbering System (DUNS) Number is: 072215403 (collectively the "parties"). RECITALS WHEREAS, the Department and the MPO on June 20, 2016, entered into a Metropolitan Planning Organization Agreement (Agreement), whereby the Department passed through Federal funds to the MPO to assist the MPO in performing transportation planning activities set forth in its Unified Planning Work Program (UPWP). follows WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as 1. Paragraph 4 of the Agreement is amended to reflect: Project Cost: The total budgetary ceiling for the Project is $543,675. The budget, including tasks, is summarized below and detailed in the UPWP, Exhibit "A". The budget may be modified by mutual agreement as provided for in paragraph 7, Amendments. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. No work shall begin before the Agreement is fully executed and a "Letter of Authorization" is issued by the Department. The total of all authorizations shall not exceed the annual budgetary ceiling established below and shall be completed within the term of this Agreement: FINANCIAL PROJECT NO. FISCAL YEAR AMOUNT 439326-1-14-01 2016117 $543,673 439326-1-14-01 2017118 $527,025 Exhibit A (Scope of Work) of the Agreement is amended as follows: This amendment is more fully described in the attached UPWP Revision Form #1. Except as modified, amended, or changed by this Amendment, all of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect. uoISIAGN dMdn L�-96 A=l Odl alonj 'IS a01 WM0=l 1N3WON3W`d 1N3W33MOV OdW :S'VM'9Iu8Luy3e;;d c c' 525-010-02 N POLICY PLANNING W OGC-5/16 d Page 2 of 2 r+ d Y V l4 d IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day, month and year set forth above. MEW St. Lucie Transportation Planning Organization MPO Name Peter Buchwald Signatory (Printed or Typed) Signature Executive Director Title Legal Review MPO Florida Department of Transportation Department of Transportation Signature Title Legal Review Department of Transportation RESOLUTION 8.R.1.b 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 the Federal Highway Administration, in the amount of $35,000, as funding for the Transportation Planning Organization Planning Grant. 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 20th day of June, 2017 pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2016-2017, and the County's budget is hereby amended as follows: REVENUE 001580-1540-331130-100 APPROPRIATIONS 001580-1540-512000-100 001580-1540-521000-100 001580-1540-521100-100 001580-1540-522000-100 001580-1540-523000-100 001580-1540-523004-100 001580-1540-523050-100 001580-1540-523100-100 001580-1540-523200-100 001580-1540-524000-100 001580-1540-525000-100 001580-1540-555000-100 Federal Highway Administration $35,000 Salaries $20,877 Social Security $1,000 Medicare $1,000 Retirement $1,000 Group Insurance $10,000 Dental $100 Group Insurance Admin Fee $150 Life Insurance $100 EAP $100 Worker's Compensation $100 Unemployment Comp $100 Training -Seminar Registrations $473 After motion and second the vote on this resolution was as follows: Commissioner Chris Dzadovsky, Chairman Commissioner Tod Mowery, Vice Chairman Commissioner Linda Bartz Commissioner Frannie Hutchinson Commissioner Cathy Townsend PASSED AND DULY ADOPTED THIS 20TH DAY OF JUNE 2017. ATTEST: XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: r c a� E z U 2 r Q COUNTY ATTORNEY Packet Pg. 291 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Ron Roberts, Director of Public Utilities SUBMITTED BY: Water & Wastewater SUBJECT: Design of a Water Main Loop - US1 Corridor BACKGROUND: 8.T.1 ITEM NO. (ID # 4431) DATE: 06/20/2017 *CONSENT AGENDA\ST. LUCIE COUNTY WATER & SEWER DISTRICT CDM has submitted a proposal for Work Authorization #11 to provide professional engineering services to update previous route surveys, design and construction plans for the required utility needs for the installation of a 12" potable water main extension in the US1 Corridor. This will allow the entire corridor to have water and wastewater services. This project is part of the update of the Utilities Master Plan for the North County area. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds are available in 471-3600-531000-300 RECOMMENDATION: Staff recommends Board approval and authorization for the Chairman to execute CDM Smith Work Authorization #11 for professional engineering services as outlined in the attached scope needed for the installation of a 12" potable water main extension in the US1 Corridor in an amount not to exceed $174,720.00. COMMISSION ACTION: Packet Pg. 292 8.T.1 Coordination/Signatures Ron Roberts ^ir-�ctoL_gQDA c Utilities 6/2/2017 4aniieA..McIntyre, C my ttorney 6/11/2017 Updated: 6/9/2017 9:09 AM by Katrina Slay Page 2 Packet Pg. 293 8.T.1.a WORK AUTHORIZATION NO. 11 EXHIBIT A ST. LUCIE COUNTY, FLORIDA INDRIO ROAD, US HIGHWAY 1, AND TURNPIKE FEEDER ROAD WATER MAIN EXTENSION This Work Authorization, when executed, shall be incorporated into and become part of the Agreement for Professional Services between the St. Lucie County, Florida (COUNTY), and CDM Smith Inc. (CONSULTANT), dated October 20, 2015 hereafter referred to as the Agreement. The COUNTY has requested the services of CONSULTANT to perform the following scope of services. BACKGROUND The COUNTY has recently completed an extensive effort to update the Utilities Master Plan including the North County area. Extension of the water mains in the Indrio Road, US Highway 1, and Turnpike Feeder Road corridors were identified as capital projects to improve water distribution and expand the customer base in the North County area. Preliminary engineering (up to 90 percent design completion) efforts for a portion of these water main extensions was conducted in 2004 by Masteller & Moler, Inc. (M&M). CONSULTANT intends to subcontract with M&M to update previous route surveys, design, and construction plans for the required utility needs. CONSULTANT will provide technical review and quality assurance services as well as general project management, meeting attendance, and administrative services. Accordingly, the COUNTY has requested that the CONSULTANT prepare the following scope of services to complete this task. SCOPE OF SERVICES The following is a description of the services to be provided under this Work Authorization. TASK 1— UPDATED ROUTE SURVEY As a subconsultant to the CONSULTANT, M&M will complete the following surveying services M&M will update the previous Route Survey to provide a Route Survey for Engineering Utility Design purposes for this potable water main project. The Project will start at Conley Place and proceed east along Indrio Road to US Highway 1, then proceed north along US Highway 1 past Harbor Branch Oceanographic Institute to the intersection of the northbound Turnpike Feeder Road and US Highway 1 and thence, proceed westerly along the Turnpike Feeder Road to the connection point at the existing 12-inch diameter water main along the Turnpike Feeder Road. The estimated length of the Route Survey is 25,000 linear feet. The Route Survey will include location of all visible improvements within the proposed pipeline corridor and detailed information as needed at the directional bore locations. The pipeline corridor will follow the 2004 potable water main design route on the Turnpike Feeder Road and the west side of US Highway 1, from the Turnpike Feeder Road south on US Highway 1 to Indrio Road. Elevations will be based on NAVD 1988 and cross -sections will be obtained as needed. Base Plans will be revised and prepared showing the Route Survey information for use in preparing the Engineering Utility Design Construction Plans. Smith A-1 sic exhibit a to wa no. 11 (re Packet Pg. 294 8.T.1.a TASK 2 — CONSTRUCTION PLANS, SPECIFICATIONS, AND PERMITTING As a subconsultant to the CONSULTANT, M&M will complete the following design and permitting services. M&M will provide engineering services and prepare construction plans and specifications suitable for project permitting and construction showing the proposed 12-inch diameter potable water main pipeline with butterfly valves, fire hydrants, air relief valves, and directional bores. The plans will be updated from the current 90 percent design completion stage and be brought to the 100 percent final design completion. Directional Bores will be located as needed. Directional bores crossing the Turnpike Feeder Road at two (2) locations are planned. In addition, directional bores for future water connections will be made at the proposed Coconut Cove Project entrance road and in the vicinity of the Harbor Branch Oceanographic Institute entrance road. The design of up to four (4) directional bores are included in this Work Authorization. CONSULTANT reserves the right to seek additional compensation if additional bores are required. The proposed 12-inch diameter potable water main will connect to the existing 16-inch diameter potable water main at Conley Place and extend east on the north side of Indrio Road to US Highway 1. The estimated length of the 12-inch diameter potable water main will be approximately 25,000 linear feet. Upon acceptance of the 100 percent design plans, M&M will prepare a Bid Set of the plans and specifications. Final design documents are anticipated to include the following sheets in Table 1. Table 1 St. Lucie County Indrio Road, US Highway 1, and Turnpike Feeder Road Water Main Extension Budgeted Final Design Sheets Sheet Description Number of Sheets Cover/Index 1 General Notes and Symbols 1 Plan and Profile Sheets 23 Cross Section Sheets 2 Civil Details 2 Miscellaneous 2 Maintenance of Traffic Erosion Control/SWPP Sheets 2 Total 33 The above -described project will require the preparation of a Florida Department of Environmental Protection (FDEP) Permit Application along with the necessary plans and supporting data for construction of the potable water main system. In addition, a Utility Permit for construction of the pipeline in the Indrio Road, US Highway 1, and the Turnpike Feeder Road rights -of -way, and a permit to directional bore the pipeline under those Florida Department of Transportation (FDOT) roads must be obtained from FDOT. M&M services will include securing the FDEP and FDOT Permits. Permit application fees associated with the permits are not included in the fee amounts, and will be provided by the COUNTY. Smith A-2 sic exhibit a to wa no. 11 (re Packet Pg. 295 8.T.1.a TASK 3 — PROJECT AND QUALITY MANAGEMENT AND MEETINGS Activities performed under this task consist of those general functions required to maintain the project on schedule, within budget, and that the quality of the work products defined within his scope is consistent with the CONSULTANT's standards and the COUNTY's requirements. Specific activities included are identified below: Subtask 3.1— Project Kick -Off and Progress Meetings The CONSULTANT and M&M will prepare for and conduct a kick-off meeting for the project at the office of the COUNTY Utilities Department. The CONSULTANT and M&M will also meet with the COUNTY two (2) times at the COUNTY Utilities Department during the duration of the project to discuss he progress of the projects for the estimated 3-month duration of the project. The CONSULTANT will prepare meeting notes of each meeting as appropriate. This task also includes internal team meetings. Subtask 3.2 — Project Quality Management The CONSULTANT maintains a quality management system (QMS) for COUNTY projects performed by the CONSULTANT. Technical reviews of deliverables are budgeted for and will be performed to review o various milestone submittals. M&M will prepare and submit a complete set of design plans and technical specifications to CONSULTANT and COUNTY for review at the 90 percent (pre -final) completion stage. CONSULTANT will prepare for and attend one meeting with COUNTY staff to review comments on the 90 percent design drawings and technical specifications. M&M will incorporate COUNTY's written M comments, prepare the final designs plans and specifications for review. v CONSULTANT will perform a comprehensive design review on the plans and specifications. M&M will N incorporate any final comments and submit two hard copies and a PDF copy of the design drawings and technical specifications to the CONSULTANT and COUNTY. m ASSUMPTIONS 1. Permit fees to be paid by the COUNTY. 6 Z Q 2. This work authorization does not include bidding services and construction administration or resident engineering services. COUNTY will obtain bids/quotes for construction of the work. ° 0 3. Only technical specifications will be prepared. No front -ends or contract documents will be Q provided. M&M will provide all appropriate design calculations (directional bores, hydraulics, Z etc.) for CONSULTANT's review. W 4. If the project duration extends beyond the anticipated 3-months, CONSULTANT reserves the J right to seek additional compensation. Cn DELIVERABLES 1. Two (2) hard copies and a PDF of progress construction plans and specifications (90 and 100 percent). 2. One (1) copy of draft FDEP and FDOT permit applications and one (1) copy of final applications. 3. Two (2) CDs of the final deliverables: 100 percent construction plans and specifications, and final permit applications (ready to bid project). 4. Meeting minutes, as needed. Smith A-3 sic exhibit a to wa no. 11 (re Packet Pg. 296 8.T.1.a SCHEDULE It is anticipated that the overall duration of the project will not exceed three (3) months from Notice to Proceed. A more details schedule will be prepared after the kickoff meeting. COMPENSATION AND PAYMENT Payments for the work performed under this Work Authorization as described herein shall be made based on the billing rates in the CONTRACT plus outside professionals with a Not -to -Exceed Upper Limit fee of $174,720. CONSULTANT will submit monthly invoices for the work performed. For invoice purposes, only the value of each task is as shown in Table 2. Table 2 Summary of Budget by Task (for invoice purposes only) Description Total Task 1- Updated Route Survey $ 20,730 Task 2 - Construction Plans, Specifications and Permitting $ 131,830 Task 3 - Project and Quality Management and Meetings $ 22,160 TOTAL Not -To -Exceed $ 174,720 *The information provided in Table 1 is intended as an estimate of the budget distribution. Consultant may shift budget between tasks to complete the identified scope of services. T- C) 14 S ti N �O d L r r Smith A-4 sic exhibit a to wa no. 11 (re Packet Pg. 297 9.A.1 ITEM NO. ORD-2017-7 J DATE: 06/20/2017 COUNTY ` R I ` A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Heather Young, Asst. County Attorney SUBMITTED BY: County Attorney SUBJECT: Ordinance - Amending Airport Overlay Zone BACKGROUND: Pursuant to Section 333.03, Florida Statutes, as amended by Chapter 2016 -230, Laws of Florida, each local government with an airport hazard area within its jurisdiction must adopt airport protection zoning regulations. The County first adopted standards for the Airport Overlay Zone in 1990 with the adoption of the Land Development Code, but amendments are now required as a result of the 2016 amendments to Chapter 333. These amendments must be adopted prior to July 1, 2017. If this does not occur, the bill provides for the Florida Department of Transportation to assume responsibility for zoning decisions within the Airport Overlay Zone. The proposed ordinance will amend the Land Development Code by amending Section 2.00.00 (Definitions), to add certain definitions used in Chapter 333. In addition, Figure 4.1 - Civil Airport Imaginary Surfaces, which was prepared in accordance with FAA guidelines will be added to provide a visual representation of the airport surfaces already listed in Section 4.00.02. The primary amendments are found in Section 4.00.04 (Use Restrictions) with the addition of a list of prohibited uses which specifically identifies sanitary landfills located within set distances from runways depending on the type of aircraft using the runway. Non -compatible uses will also be prohibited within the areas identified on the Noise Exposure Map (NEM) and the Noise Compatibility Map unless properly mitigated. It should be noted that all of these affected parcels are located within the boundaries of the airport. Any activities which would interfere with communications between the air traffic control tower and aircraft will also be expressly prohibited. Finally, the proposed ordinance incorporates the new requirement for FAA and FDOT review of any permits related to new or existing structures which would constitute an obstruction in an airport hazard area. Permits would not be issued if the proposed action will increase the hazard. The County will retain the ability to review such permits and approve or deny them based on a list of factors designed to insure the safety of the flying and general public. It should be noted that the proposed amendments were drafted to meet the statutory requirements and do not impose any stricter standards than are required by the statutes. In addition, the maps which Packet Pg. 298 9.A.1 establish the airport surfaces and the protection zones have been in place for a number of years and will not change as a result of this ordinance. Notice of the public hearing was published in the News Tribune on June 9, 2017. PREVIOUS ACTION: On July 26, 1990, the Board adopted Ordinance No. 90-36 which adopted the St. Lucie County Land Development Code including Section 4.00.00, Airport Overlay Zone. On May 2, 2017, the Board granted permission to advertise the proposed ordinance for public hearing. On May 18, 2017, the Planning and Zoning Commission held a public hearing on the proposed ordinance and voted 8-0 to recommend the Board adopt the proposed ordinance. On June 6, 2017, the Board held the first public hearing on the proposed ordinance. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board adopt the proposed ordinance as drafted. COMMISSION ACTION: Coordination/Signatures Danie S. McIntyre, C my ttorney 5/20/2017 Updated: 6/14/2017 12:22 PM by Katrina Slay Page 2 Packet Pg. 299 9.A.1.a AN ORDINANCE AFFECTING THE USE OF LAND IN ST. LUCIE COUNTY, FLORIDA, RELATING TO AIRPORT PROTECTION ZONING REGULATIONS BY AMENDING SECTION 2.00.00 (DEFINITIONS), AMENDING SECTION 4.00.00 (AIRPORT OVERLAY ZONES), SECTION 4.00.01 (GENERALLY), SECTION 4.00.02 (AIRPORT ZONES), SECTION 4.00.03 (AIRPORT ZONE HEIGHT LIMITATIONS) AND SECTION 4.00.04 (USE RESTRICTIONS) IN ACCORDANCE WITH CHAPTER 333, FLORIDA STATUTES (2016); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY, PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND EFFECTIVE DATE WHEREAS, the Board of County Commissioners, St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Ch. 2016-239, Laws of Florida, the 2016 Florida Legislature adopted amendments to Chapter 333, Florida Statutes, regarding airport zoning regulations; and, 2. Pursuant to Section 333.003, Florida Statutes, counties with airports in their jurisdictions are required to adopt and/or amend the zoning regulations governing the zoning and land use regarding such airports to incorporate the amendments under Ch. 2016-239; and, 3. In order to comply with the provisions of Ch. 2016-239, it is necessary to amendment the St. Lucie County Land Development Code by amending Section 2.00.00 (Definitions), Section 4.00.00 (Airport Overlay Zones), and Section 4.00.001 (Generally), Section 4.00.02 (Airport Zones), Section 4.00.03 (Airport Zone Height Limitations)m, and Section 4.00.04 (Use Restrictions); and, 4. On May 18, 2017, the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing a notice in the St. Lucie News Tribune at least ten (10) days prior to the hearing and recommended that the proposed ordinance be adopted. 5. On June 6, 2017, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least ten (10) days in advance. 6. On June 20, 2017, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least ten (10) days in advance. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 1 Underlined words are added. Str cekthre ^" words are deleted. Packet Pg. 300 9.A.1.a PART A. The specific amendments to the St. Lucie County Land Development Code are as follows: CHAPTER 2. DEFINITIONS. When used in this Code, the following terms shall have the meanings herein ascribed to them. Airports: The following terms are used in conjunction with Article 4.00.00 Airport Overlay Zones. Airport: The Treasure Coast International Airport. Airoort Elevation: The highest Doint of the Airport usable landing area measured in feet above mean sea level. Airport Hazard: An obstruction to air navigation that affects the safe and efficient use of navigable airspace or the operation of Dlanned or existing air navigation and communication facilities. Airport Hazard Area: Any area of land or water upon which an airport hazard might be established. Airspace Drawings: FAA approved Airport Layout Plan Set drawings, depicting the airport imaginary surfaces and the application of the federal obstruction standards contained in 14 C.F.R. ss. 77.13, 77.17, 77.19, 77.21, and 77.23, to the conditions at the Airport. Educational facility: Any structure, land, or use thereof that includes a public or private K-12 school, charter school, magnet school, college campus, or university campus. The term does not include space used for educational purposes within a multi -tenant building. Landfill: The same meaning as provided in Section 403.703, Florida Statutes. Noise Exposure Map (NEM): A map based on a noise study conducted pursuant to 14 C.F.R. Part 150, which depicts the contour lines for certain areas within the boundaries of the Airport and adiacent thereto, experiencing sound levels of 65, 70, and 75 DNL (dav- night-level). This maD is maintained by St. Lucie Cou Obstruction: Any object of natural growth or terrain, or permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus, or alteration of any permanent or temporary existing structure by a change in its height, including appurtenances, or lateral dimensions, including equipment or material used therein, existing or proposed which exceeds the federal obstruction standards contained in 14 C.F.R. part 77, subpart C. Runway Protection Zone: An area at ground level beyond the runway end to enhance the safety and protection of people and property on the ground (formerly the clear zone). The Runway Protection Zone ("RPZ") is trapezoidal in shape and centered about the extended runway center lines of each of the runways, and begins 200 feet beyond the end of the area suitable for takeoff and landing 2 Underlined words are added. Str ekthre ^" words are deleted. Packet Pg. 301 9.A.1.a Structure: Any object constructed, erected, altered, or installed, including, without limitation, buildings, towers, smoke stacks, utility poles, power generation equipment, and overhead transmission lines. 4.00.01. Generally. A. In order to carry out the provisions of this Code, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the St. Lucie County International Airport. B. Such zones are shown on the St. Lucie County International Airport Ultimate Capability Approach Clear Zone Plan consisting of one (1) sheet dated May, 1984, which is adopted by reference. An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitation. C. Except as specifically provided in Section 10.01.00_and Section 11.05.08, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any airport zone hereby created unless a permit therefore shall have been applied for and granted. D. Definitions specific to the Airport Overlay Zones are provided in Article 2.00.00 Definitions "Airports". E. In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or vegetation, the use of land, or any other matter, and whether such regulations were adopted by the County or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail 4.00.02. A*FPGFt ZOR Surfaces. A. The various Airport Zones Surfaces are hereby established and defined as follows: A-. 1.) Primary Zones. The areas longitudinally centered on each runway, extending two hundred (200) feet beyond the end of the prepared hard landing surface of each runway. The primary zones for runways 9L/27R, 9R/27L and 14/32 are one thousand (1,000), one thousand (1,000) and five hundred (500) feet wide, respectively. Nonprecision Instrument Approach Zones. The inner edge of the approach zones to runway ends 27L, 27R, 14 and 32 coincide with the width of the primary surface and are one thousand (1,000), one thousand (1,000), five hundred (500) and five hundred (500) feet wide, respectively. The approach zones expand outward uniformly to widths of three thousand five hundred (3,500) feet, at horizontal distances of ten thousand 3 Underlined words are added. Str cekthre ^" words are deleted. Packet Pg. 302 9.A.1.a (10,000) feet from the primary surface. Their centerlines are the continuation of the centerline of the respective runways. �3.) Precision Instrument Approach Zones. The inner edge of the approach zones to runway end 9R and 9L coincides with the width of the primary surface and are one thousand (1,000) feet wide. The approach zones expand outward uniformly to widths of sixteen thousand (16,000) feet at horizontal distances of fifty thousand (50,000) feet from the primary surface. Their centerlines are the continuation of the centerline of the respective runways. D, 4.) Transitional Zones. The transitional zones are the areas beneath the transitional surfaces. Horizontal Zone. The horizontal zone is established by swinging arcs of ten thousand (10,000) feet for runways designated nonprecision or precision from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include any approach or transitional zones. Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand (4,000) feet. 4 Underlined words are added. S+r„Gl(thF U.4 words are deleted. Packet Pg. 303 9.A.1.a 40,1 7:1 400 Figure 4.1— Civil Airport Imaginary Suraces 7:1 A 7.1 71 i0; I Ipl 7:1 7:1 ' A9DVYd [ TTST tLV SURFACE ISO DF[AlFS Ak15MED NAYOAE ClNA7Rk1 201 CONICAL SURFACE DIME NTIONALSTANDARDS -FEET DIM ITEM VISUAL RUNWAY INSTAM'ENT RN'Y yRUvH NWAY PRECISk7H INSTRUMENT RUNWAY A 8 A 8 C ❑ A Y IC 1M of IFAVANC Su MAG AM APPIIOA SI1MACEWOW AfNPOt IFq 220 800 800 1.000 g RADnrS0f1r0kMNFAL%WA0 sow 81DDD 10.OW 10,000 DIMENT*NAL STANDARDS -FEET VISUAL RUNWRV new F�cw% IN STRVMENT RUNWAY PRECISION INSTRUMENT RUNWAY A 8 A C O C MPAOACH SURFACE wON AT I N] 1,200 20,000 10.OW 10.000 D AF'FRq,stMsuRFA[E LINcl 11 3,OW 80,000 10,0W E E Aw,*,K auQK 201 2b1 24:1 E A • Utility Runways 6 • Runways Lat9cc Than Utility C Yin ib111tyMin imum5GrealeiIham 314Mile 0 Vsibdity Mrnimumsas lowas 314 Mile E • Precision Instrument Approach Slope is 30:1 (w Inner 10,000 feet and 201 for an )ddawna120,0W feet iaAHS1M'MM'aa1fACC CDh�cu wnACE 7'1 _F'k[��%kI M1115�JN �'Hf Y1SH �vNiAi CA H[W HlC NC}4 APAP(f�(H W DECAUSAWVC ISOMETRIC VIEW OF SECTION A -A Underlined words are added. StFI Gl(t FeI 4..I, words are deleted. .Kv0T1OK{L SURRCE 5 +r Q Packet Pg. 304 9.A.1.a 4.00.03. Airport Zone Height Limitations. Except as otherwise provided in this Code, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this Code to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows: A. Primary Zones. Established as the same height as the elevation of the nearest point on the respective runway centerlines. B. Nonprecision Instrument Approach Zones. Slope one (1) foot upward for each thirty-four (34) feet outward beginning at the end of and at the same elevation as the primary zone extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline. C. Precision Instrument Approach Zones. Slope one (1) foot upward for each fifty (50) feet outward beginning at the end of and at the same elevation as the primary zone extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerlines; thence slope upward one (1) foot vertically for each forty (40) foot horizontally for an additional horizontal distance of forty thousand (40,000) feet along the extended runway centerlines. D. Transitional Zones. Slope one (1) foot upward for each seven (7) feet outward beginning at the sides of and at the same elevation as the primary zone and the approach zone, extending to one hundred seventy-four (174) feet above mean sea level. In addition to the foregoing, there are established height limits sloping one (1) foot upward for each seven (7) feet outward beginning at the sides of and at the same elevation as the approach zone, extending to where they intersect the conical zone. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping one (1) foot upward for each seven (7) feet outward beginning at the sides of and at the same elevation as the approach zone, and extending a horizontal distance of five thousand (5,000) feet measured at ninety -degree angles to the extended runway centerlines. E. Horizontal Zone. Established at one hundred fifty (150) feet above the airport elevation or at a height of one hundred seventy-four (174) feet above mean sea level. F. Conical Zone. Slopes one (1) foot upward for each twenty (20) feet outward beginning at the periphery of the horizontal zone one hundred fifty (150) feet above the airport elevation extending to a height of three hundred fifty (350) feet above the airport elevation. 0 Underlined words are added. Str ckthre ^" words are deleted. Packet Pg. 305 9.A.1.a G. Other Areas. In addition to the height limitations imposed in sections A through F above, no structure or obstruction will be permitted in St. Lucie County that would cause a minimum obstruction clearance altitude, a minimum descent altitude, minimum vector altitude or decision height to be raised or that would impose a climb gradient for any runway departure at Treasure Coast International Airport. 4.00.04. Use Restrictions. A. Generally. Notwithstanding any other provisions of this Code, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communication between aircraft and the airport; result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; operate or install lights which are misleading or dangerous to aircraft operation; create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. B. Prohibited Uses. Except as otherwise provided herein, the following land uses, structures or activities shall be prohibited: 1.)Anv sanitary landfill: a. located within 10,000 feet from the nearest point of any runway used or planned to be used by turbine aircraft at the Airport; b. within 5,000 feet from the nearest point of any runway used only by nonturbine aircraft; c. outside the perimeters defined in subparagraphs a. and b., but still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. s. 77.79; d. located more than 10,000 feet from the nearest point of any runway at the Airport, but still within the lateral limits of the civil airport imaginary surfaces depicted in the Airspace Drawings; or e. where any landfill is located and constructed so that it attracts or sustains hazardous bird movements from feeding, water, or roosting areas into, or across, the runways or approach and departure patterns of aircraft. The operator of such landfill must be required to incorporate bird management techniques or other practices to minimize bird hazards to airborne aircraft. 2.) Restricting new incompatible uses, activities, or substantial modifications to existing incompatible uses within the Airport's Runway Protection Zones. 3.) Non -compatible land uses, within the boundaries established in the airport's, which is derived from the St. Lucie County International Airport Master Plan Update: Noise Exposure Map and Noise Compatibility Plan, are not permitted within the noise contours established there, except where such land use is specifically contemplated therein, with aaaroariate mitigation or similar techniaues described therein. 7 Underlined words are added. StFUG1 IRFe , .4 words are deleted. Packet Pg. 306 9.A.1.a 4.) Residential construction and any educational facility facilities as defined in Chapter 1013, Florida Statutes, within the area contiguous to the Airport defined by the outer noise contour depicted on the Airport Noise Exposure Map that is considered incompatible with that type of construction with the exception of an aviation school facility. Provided, however, that this restriction shall not require the removal, alteration, sound conditioning, or other change to, or interfere with the continued use or adjacent expansion of any educational facilitv or site in existence on Julv 1. 1993. 5.)Any lights and illumination used in connection with streets, parking, signs or uses of land that are arranged or operated in such manner that it is misleading to or obscures pilots' vision during critical take -off or landing stases of flight or is otherwise dangerous to aircraft operations or flight operations at the Airport. 6.)Any use of high energy beam devices where the energy transmission is not fully contained in a building or some tvae of absorbing or masking vessel. 7.)Any activity that produces interference with navigational signals or radio communication between aircraft, the Airport, or an air traffic control facility. C. Permits Required 1.) Permits shall be required from the FAA, FDOT-Central Aviation Division, and St. Lucie County, as may be applicable, for the following activities. Applications for development or redevelopment shall be provided to FDOT-Central Aviation Office within 15 days of receipt by the County and may be submitted via the following: DOTAirportZoning@dot.state.fl.us a. A person ar000sina to construct, alter. or allow an airport obstruction in an airport hazard area in violation of the airport protection zoning regulations adopted under this chapter must apply for a permit. A permit may not be issued if it would allow the establishment or creation of an airport hazard or if it would permit a nonconforming obstruction to become a greater hazard to air navigation than it was when the applicable airport protection zoning regulation was adopted which allowed the establishment or creation of the obstruction, or than it is when the application for a permit is made. b. Each application for a Permit shall indicate the purpose for which the Permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the Permit shall be granted. Vertical height shall be measured from the highest point on the ground along the periphery of the structure or tree to the highest point on the structure or tree. c. If it is determined that a nonconforming obstruction has been abandoned or is more than 80 percent torn down, destroyed, deteriorated, or decayed, a permit may not be granted if it would allow the obstruction to exceed the applicable height limit or otherwise deviate from 8 Underlined words are added. StFUGl(thF,. .ti words are deleted. Packet Pg. 307 9.A.1.a the airport protection zoning regulations. Whether or not an application is made for a permit under this subsection, the owner of the nonconforming obstruction may be required, at his or her own expense, to lower, remove, reconstruct, alter, or equip such obstruction as may be necessary to conform to the current airport protection zoning regulations. If the owner of the nonconforming obstruction neglects or refuses to comply with such requirement for 10 days after notice, the administrative agency including but not limited to FAA and or FDOT may report the violation to the St Lucie Countv, as applicable. d. Owner(s) of the obstruction shall be required to install, operate, and maintain thereon, at his or her own expense, marking and lighting in conformance with the specific standards established by the Federal Aviation Administration. 2.) Consideration of Issuing Permits. The following items shall be taken into consideration by the St. Lucie County Planning and Zoning Commission and the Board of County Commissioners during the review. including subseauent approval and or denial. of anv Dermits within the Airport Overlay Zone. a.The Board of County Commissioners may defer review and approval or denial pending information from the Applicant and recommendation from FDOT and or FAA, as may be applicable. i. The safety of persons on the ground and in the air. ii. The safe and efficient use of navigable airspace. iii. The nature of the terrain and height of existing structures. iv. The effect of the construction or alteration on the state licensing standards for a public -use airport contained in chapter 330 and rules adopted thereunder. V. The character of existing and planned flight operations and developments at public -use airports. vi. Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the Federal Aviation Administration. vii. The effect of the construction or alteration of the proposed structure on the minimum descent altitude or the decision height at the affected airport. viii. The cumulative effects on navigable airspace of all existing structures and all other\known proposed structures in the area. ix. Additional requirements as may be adopted within these regulations pertinent to evaluation and protection of airspace and airport operations. X. Applications for permits shall be granted, provided the matter applied for meets the provisions of these airport zoning regulations and regulations of St. Lucie Countv and Chapter 333, Florida Statutes. 0 Underlined words are added. Str ckthre ^" words are deleted. Packet Pg. 308 9.A.1.a PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. CODIFICATION. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section' or other appropriate word. PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART G. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: 10 Underlined words are added. S+r„GI(thF U.4 words are deleted. Packet Pg. 309 9.A.1.a Commissioner Chris Dzadovsky, Chairman Commissioner Tod Mowery, Vice Chairman Commissioner Linda Bartz Commissioner Frannie Hutchinson Commissioner Cathy Townsend PASSED AND DULY ADOPTED this ATTEST: day of 2017. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman 11 Underlined words are added. Str ckthre ^" words are deleted. APPROVED AS TO FORM AND CORRECTNESS: L-"T County Attorney Packet Pg. 310 Airport Overlay Zone il ti - 9.A.l.b 1 2 Map prepared May 18, 2017 ---I Miles Aerial flown 2016 I EPAM U) 0 o cu st�� i Blvd CL uanita',A,V-6 -------------- > 0 F c u CL CD . . . . . . . . . . -'T E 0 -,Virginia Ave 9.A St Lucie County Zoning Airport Overlay Zone I AG-1 AR-1 ` A CO HIRD IL PMUD ! PUD RF RM-11 RS-3 AG-2.5 CG CPUB I IX PNRD RIC RM-5 RMH-5 RS-4 AG-5 CN CR IH PCS PTV RE-2 RM-9 RS-2 RVP U - _ ---------- -------------------- -� I W 611 70 Am • Map prepared May 18, 2017 0) a 0 as c 0 N I � d O r- 0 a L_ Q r Q J E m 0 m r Q Wwd Packet Pg. 312 Treasure,'Cda$t Intbr ' at onal Airport aria Business Park r. (FPRj Part 77 Surfaces, a 1 MIN mg C, W111,11 OW - r: E �L•. �'f'.� � ,� '�. i� to — � - Miles - _ rr f 0 1 2 4 ` :� 9.A.1.c ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA JUNE 20, 2017 AMENDED NOTICE OF PROPOSED TEXT AMENDMENT TO LAND DEVELOPMENT CODE The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following ordinance: ORDINANCE 17-XXX AN ORDINANCE AFFECTING THE USE OF LAND IN ST. LUCIE COUNTY, FLORIDA, AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE RELATING TO AIRPORT PROTECTION ZONING REGULATIONS BY AMENDING SECTION 2.00.00 (DEFINITIONS), AMENDING SECTION 4.00.00 (AIRPORT OVERLAY ZONES), SECTION 4.00.01 (GENERALLY), SECTION 4.00.02 (AIRPORT ZONES), SECTION 4.00.03 (AIRPORT ZONE HEIGHT LIMITATIONS) AND SECTION 4.00.04 (USE RESTRICTIONS) IN ACCORDANCE WITH CHAPTER 333, FLORIDA STATUTES (2016); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY, PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND EFFECTIVE DATE APPLICANT: St. Lucie County Board of County Commissioners PURPOSE: To amend the St. Lucie County Land Development Code by amending Section 2.00.00 (Definitions), Amending Section 4.00.00 (Airport Overlay Zones), Section 4.00.01 (Generally), Section 4.00.02 (Airport Zones), Section 4.00.03 (Airport Zone Height Limitations) and Section 4.00.04 (Use Restrictions) in accordance with Chapter 333, Florida Statutes (2016). LOCATION: Unincorporated St. Lucie County The Board of County Commissioners SECOND PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, June 20, 2017 beginning at 6:00 pm or as soon thereafter as possible. This notice is being amended to reflect change in time of meeting from 9:00 am to 6:00 pm. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Packet Pg. 315 9.A.1.c Development Services Department — Planning Offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require additional information about this petition. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DANIEL S. MCINTYRE, COUNTY ATTORNEY PUBLISH DATE: June 9, 2017 18 pt type for heading No smaller than 2 column inches wide by 10 inches long Send Proof to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-1441 Fax - (772) 462-1440 Send Bill to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-1441 Fax - (772) 462-1440 Account #437762 Packet Pg. 316 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SIIRIFCT- BACKGROUND: Katherine Barbieri, Asst. County Attorney County Attorney 9.A.2 ITEM NO. (ID # 4462) DATE: 06/20/2017 *PUBLIC HEARINGS\COUNTY ATTORNEY LEGISLATIVE Proposed Ordinance Regulating Commercial Composting Facilities During a meeting on January 12, 2016, the Board of County Commissioners ("Board") generally discussed the issue of regulating the location and operation of commercial composting facilities ("CCFs") that use Biosolids (i.e., domestic wastewater residuals) to produce compost. The Board instructed County staff to study the issue and develop regulations, as appropriate, for the Board's consideration. On June 7, 2016, the Board adopted Ordinance No. 16-006, which temporarily postponed the processing or approval of any application for a CCF. Ordinance No. 16-006 postponed any such action for three hundred thirty (330) days. On March 7, 2017, the Board adopted Resolution 17-036, which extended the ordinance for an additional thirty (30) days -- i.e., until June 2, 2017. The County retained a professional engineering and consulting firm, CDM Smith, Inc. ("CDM"), to assist the County with its evaluation of the issues and the development of suitable land use regulations for CCFs. After CDM submitted its report to the County, the County's staff and consultants prepared a draft land use ordinance, including supplemental standards for CCFs. The draft ordinance is designed to protect the public health, safety and welfare, including the County's unique environmental resources and water management infrastructure, from the adverse impacts caused by CCFs. The draft ordinance was presented to the Local Planning Agency (LPA a/k/a Planning and Zoning) at a public meeting on May 18, 2017. The draft ordinance also was the subject of a public workshop held on May 24, 2017. In light of the comments received from the LPA, as well as the comments received from the public, the draft ordinance has been revised. The draft ordinance, as revised, is attached for the Board's consideration. The draft ordinance is based on the following concepts: 1. CCFs that use Biosolids to produce compost would be authorized in St. Lucie County under certain circumstances, but these facilities would only be approved as a conditional use and they would only be approved in the Agriculture-5 (AG-5) zoning district. Packet Pg. 317 9.A.2 2. If an applicant wishes to obtain approval of a proposed CCF located in an AG-5 district, the applicant must demonstrate that the proposed CCF will comply with certain "supplemental standards" that are designed to minimize the CCF's adverse impacts. 3. If an applicant for a proposed CCF is unable to comply with the County's supplemental standards, the applicant may apply for a waiver. A waiver would be granted only if the applicant demonstrates that the applicant will be able to protect the public welfare and the environment, even though the applicant will not comply with one of the specific requirements in the County's supplemental standards. Any application for a waiver will go to the Board of County Commissioners for the Board's review. 4. A new Section 3.01.03.C.7.p would be added to the County's Land Development Code. This new section would expressly identify CCFs as a conditional use in the AG-5 district. 5. A new Section 7.10.34 would be added to the Land Development Code. This new section would contain the supplemental standards for CCFs. 6. New definitions would be added to the Land Development Code. 7. The ordinance would not apply to "Backyard Composting"" or "Normal Farming Operations." PREVIOUS ACTION: On March 7, 2017, the Board approved a resolution extending Ordinance No. 16-006, which temporarily postponed the processing or approval of any application for a CCF until June 2, 2017. On April 18, 2017, the Board of County Commissioners authorized Permission to Advertise a proposed ordinance regulating commercial composting facilities for public hearing before the Local Planning Agency and two (2) public hearings before the Board of County Commissioners. On May 18, 2017, the Local Planning Agency (LPA) approved the ordinance unanimously, but requested Staff to revise the draft ordinance to address the LPA's concerns about the requirements for performance bonds, setbacks, waivers and testing. A workshop was held with the public on May 24, 2017. On June 6, 2017, the Board of County Commissioners rescheduled the first public hearing for June 20, 2017 due to an error in the newspaper notice. The Board also tentatively scheduled the second public hearing for July 5, 2017. FINANCIAL IMPACT: N/A RECOMMENDATION: This is the first of two public hearings. Staff recommends the Board approve a second hearing on July 5, 2017 to hear the proposed draft ordinance. COMMISSION ACTION: Updated: 6/14/2017 11:31 AM by Leslie Olson Page 2 Packet Pg. 318 9.A.2 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 6/14/2017 Updated: 6/14/2017 11:31 AM by Leslie Olson Page 3 Packet Pg. 319 9.A.2.a RESOLUTION NO. 17-036 A RESOLUTION EXTENDING ORDINANCE 16-006 FOR COMMERCIAL COMPOSTING FACILITIES FOR AN ADDITIONAL THIRTY (30) DAYS WHEREAS, the Board of County Commissioners ("Board") of St. Lucie County ("County"), Florida, presently is working with its staff and professional consultants to prepare comprehensive plan amendments and land development regulations that will govern the location and development of commercial facilities in the unincorporated County that will process solid waste or biosolids (domestic wastewater residuals) to produce compost; and WHEREAS, the Board finds that the regulation of commercial composting facilities is necessary and appropriate to guide the future use and development of land in the unincorporated County, and to protect the public health, welfare and safety, including but not limited to the environmental resources of the County and surrounding areas; and WHEREAS, the Board wishes to ensure that all amendments to the County's comprehensive plan, amendments to the County's Official Zoning Atlas, and the issuance of development orders concerning commercial composting facilities are temporarily postponed until the County has a reasonable opportunity to complete its analysis of the relevant issues, and complete the formulation and implementation of the necessary amendments to the County's comprehensive plan, zoning code, and other land development regulations (collectively, the "Regulations"); and WHEREAS, on June 7, 2016 the Board approved Ordinance No. 16-006, which temporarily postponed any County approvals for commercial composting facilities until May 3, 2017; and WHEREAS, the County has hired a consultant to assist in drafting the ordinance but the consultant's final report will not be completed until shortly after May 3, 2017; and WHEREAS, Ordinance No. 16-006 provided that the Board may adopt a resolution extending the term of the ordinance for an additional thirty (30) days, if the Board finds the extension is necessary and in the public interest. WHEREAS, the Board has determined that a brief extension of Ordinance No. 16-006 is in the public interest because, among other things, it will provide time for the County's staff and consultants to complete their work regarding the regulation of commercial composting facilities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby approves and grants a thirty (30) days extension of Ordinance No. 16-006 because the extension is necessary and in the public interest. 2. The Board hereby instructs and authorizes the County staff to move forward expeditiously with the preparation of Regulations, as necessary, concerning commercial composting facilities. Packet Pg. 320 9.A.2.a ATTEST: After a motion and second, the vote on Resolution 17-036 was as follows: Chairman Chris Dzadovsky AYE Vice -Chairman Tod Mowery AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 7`h day of March, 2017. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAT MAN APPROVED AS TO FORM CORRECTN S COUNTY A OR EY Packet Pg. 321 9.A.2.b JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4201029 06115f2016 at 04A2 PM OR BOOK 3880 PAGE 2486 - 2490 Doc Type: ORDN RECORDING: $44.00 ORDINANCE NO. 16-006 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA (THE "COUNTY"), PROVIDING FOR POSTPONEMENT OF ISSUANCE OF CERTAIN COMPREHENSIVE PLAN AMENDMENTS AND DEVELOPMENT ORDERS WITHIN UNINCORPORATED ST. LUCIE COUNTY CONCERNING DEVELOPMENT WHICH INVOLVES COMMERCIAL COMPOSTING FACILITIES DURING A SPECIFIED TERM; PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS, EXHAUSTION OF ADMINISTRATIVE REMEDIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE AND ADOPTION WHEREAS, the Board of County Commissioners ("Board") of St. Lucie County ("County"), Florida, presently is working with its staff and professional consultants to prepare comprehensive plan amendments and land development regulations that will govern the location and development of commercial facilities in the unincorporated County that will process solid waste or biosolids (domestic wastewater residuals) to produce compost; and WHEREAS, the Board finds that the regulation of commercial composting facilities is necessary and appropriate to guide the future use and development of land in the unincorporated County, and to protect the public health, welfare and safety, including but not limited to the environmental resources of the County and surrounds areas; and WHEREAS, the Board wishes to ensure that all amendments to the County's comprehensive plan, amendments to the County's Official Zoning Atlas, and the issuance of development orders concerning commercial composting facilities are temporarily postponed until the County has a reasonable opportunity to complete its analysis of the relevant issues, and complete the formulation and implementation of the necessary amendments to the County's comprehensive plan, zoning code, and other land development regulations (collectively, the "Regulations"); and WHEREAS, the County's Local Planning Agency has reviewed the provisions in this Ordinance and determined that these provisions are consistent with the applicable provisions in the County's Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida as follows: Section 1. RECITALS ADOPTED. Each of the recitals set forth above is hereby adopted and confirmed. Section 2. TEMPORARY POSTPONEMENT OF CERTAIN COUNTY ACTIONS; APPLICABILITY. A. During the time that this Ordinance is in effect, as specified in Section 3 below, no 1 Packet Pg. 322 9.A.2.b application for a comprehensive plan amendment, amendments to the Official Zoning Atlas, or development order (as defined in Section 163.3164, Florida Statute) concerning the development of a commercial composting facility on property in unincorporated St. Lucie County shall be processed, granted, or otherwise approved. All such applications shall be held in abeyance by the County, until the end of the term of this Ordinance, as described in Section 3, below. B. For the purposes of this Ordinance, a "commercial composting facility" shall mean a facility that uses composting techniques or technology to process solid waste, biosolids (i.e., domestic wastewater residuals), or other organic matter as part of a commercial business or venture. Processing includes but is not limited to physical turning, windrowing, aeration, and other means of mechanically handling solid waste, biosolids, or other organic matter to produce compost. C. Notwithstanding anything else contained herein this ordinance shall not apply to: 1. A public purpose project, if the applicant is a governmental entity and the applicant demonstrates to the County's satisfaction that the public interest would be significantly and adversely affected if the application for the proposed project is delayed by the requirements of this Ordinance; or 2. A development that is protected from a change in county ordinances, to the extent provided by Section 163.3233, Florida Statutes, for those statutory development agreements that already have been entered into. 3. Normal farming operations, which are defined as follows: (a) composting or anaerobic digestion of wastes generated on the farm, as part of agronomic, horticultural or silvicultural operations, for use on the farm, as part of agronomic, horticultural or silvicultural operations; and (b) composting or anaerobic digestion of yard trash, manure, or vegetative wastes generated from off the farm, for use on the farm, as part of agronomic, horticultural or silvicultural operations. Section 3. TERM OF THIS ORDINANCE. The County shall move forward expeditiously with the development, adoption, and implementation of the Regulations concerning commercial composting facilities. This Ordinance shall remain in effect only for so long as is reasonably necessary for the Board to adopt such Regulations and for those Regulations to take effect. Accordingly, the term of this Ordinance shall expire, and this Ordinance shall have no further force or effect, after the date when the Regulations take effect, or three hundred thirty (330) days after the date of the adoption of this Ordinance, whichever occurs first, unless the term of this Ordinance is extended by the Board. The Board may extend the term of this Ordinance for up to an additional thirty (30) days by resolution, if the Board finds that the extension is necessary and in the public interest. Section 4. WAIVERS. Notwithstanding the provisions in Section 2 above, an applicant for the development of property within the unincorporated County may apply to the Board for a waiver of the requirements in 2 Packet Pg. 323 9.A.2.b Section 2.A, above, so that the applicant's application may be reviewed without delay. In such cases, the Board shall consider the request for a waiver at a public meeting, which shall be held within 45 days after the County receives the applicant's request. At the public meeting, the applicant shall have the burden of demonstrating to the Board's satisfaction that: (a) granting the applicant's request for a waiver will not detrimentally affect the preparation and implementation of the Regulations; (b) the proposed project will be compatible with surrounding land uses; and (c) the proposed project will not adversely affect the public health, safety or welfare. If the applicant carries its burden of proof, the Board may grant a waiver and thus allow the applicant's application to be submitted, reviewed and processed concurrently with the Regulations. However, a development order shall not be issued for such application until the necessary comprehensive plan amendments are in effect and the application is found to be consistent with adopted land development regulations. Section 5. VESTED RIGHTS. A. Nothing in this Ordinance shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following: 1. A government act of development approval was obtained prior to the effective date of this Ordinance; and 2. The property owner has detrimentally relied, in good faith, on the governmental approval by making a substantial change in position or incurring extensive obligations and expenses; and 3. It would be highly inequitable to deny the property owner the right to complete the development. B. Any property owner claiming to have vested rights under this Section 5 must file an application with the Board for a vested rights determination within 30 days after the effective date of this Ordinance. The application shall be accompanied by a fee of $1,500.00 and shall contain a sworn statement as to the facts upon which the vested rights are asserted, together with any documentary evidence supporting the claim. The Board shall hold a public hearing on the application and, based upon the evidence submitted, shall make a determination as to whether or not the property owner has established vested rights. To the extent that a property owner demonstrates vested rights, the prohibitions established in Section 2.A of this Ordinance shall not apply. Section 6. APPEALS. Any appeal from a final decision by the Board under Section 4 or Section 5 of this Ordinance shall be pursued by filing a Petition for Certiorari in the Circuit Court of the 19' Judicial Circuit, in and for St. Lucie County, in accordance with the Florida Rules of Appellate Procedure for the review of the quasi-judicial rulings of local government agencies. 3 Packet Pg. 324 9.A.2.b Section 7. EXHAUSTION OF ADMINISTRATIVE REMEDIES. A property owner claiming that this Ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted the administrative remedies provided in this Ordinance. Section 8. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. Section 9. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Section 10. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. Section 11. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Section 12. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. Section 13. ADOPTION. After motion and second, the vote on this ordinance was as follows: Kim Johnson, Chairman AYE Chris Dzadovsky, Vice Chairman AYE Commissioner Tod Mowery AYE Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson AYE 4 Packet Pg. 325 9.A.2.b PASSED AND DULY ADOPTED this day of J , 2016. (l BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE C r BY' Deputy Clerk Chair APPROVEDtAS TO FORM A CORRECTNESS: A 1I.4/1 .�, BY: Packet Pg. 326 9.A.2.b s FLORIDA DEPARTMENT 0 STATE If - RICK SCOTT Governor June 15, 2016 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Melissa Upton Dear Mr. Smith: KEN DETZNER Secretary of State MLE-Dy L=�r;;, JUN 15 2016 COUNTVA,TFORNEY Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 16-006, which was filed in this office on June 15, 2016 Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida Telephone: (850) 245-6270 www.dos.state.fl.us 32399-0250 V Packet Pg. 327 9.A.2.c T. COU L U NTY 1 I .,D -A , ST. LUCIE COUNTY PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA P & Z Regular Meeting May 18, 2017 Convened: 6:00 PM Adjourned: 8:09 PM The meeting was called to order at 6:00 PM by Chairman William O'Dell A. Pledge of Allegiance Invocation by Mike Oostdyk Attendee Name Title Status Arrived William O'Dell Chairman Present James Clasby Vice Chairman Present Edward Lounds Board Member Present Craig Mundt ;Board Member Present William Smith Board Member Present Kara Wood -_.._.-_...........-....._._.._..._._.--. Board Member - . } Late Bobby Hopkins At -Large Board Member- Absent Robert Lowe At -Large Board Member Present James Taylor At -Large Board Member Present Marty Sanders Ex-Officio Board Member Present C. Announcements The Chair stated Agenda item 4B Ordinance -Amendment to Airport Overlay Zone will be moved to 4A and be heard first. It was unanimously agreed. Generated 51311201710:55 AM Packet Pg. 328 9.A.2.c P & Z Regular Meeting Thursday, May 18, 2017 6:00 PM D. Disclosure(s) Mr. Clasby stated he has spoke to several members of the public about both public hearings. Chair O'Dell stated he spoke with a couple of members of the airport planning committee 2. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, April 20, 2017 RESULT: ACCEPTED [7 TO 0] MOVER: James Taylor, At -Large Board Member SECONDER: Robert Lowe, At -Large Board Member AYES: O'Dell, Clasby, Lounds, Mundt, Smith, Lowe, Taylor ABSENT: Bobby Hopkins AWAY: Kara Wood 3. PUBLIC COMMENT NONE 4. PUBLIC HEARINGS A. Proposed Ordinance Regulating Commercial Composting Facilities Katherine Barbieri, Assistant County Attorney stated during a meeting on January 12, 2016 the Board of County Commissioners (BOCC) generally discussed the issue of regulating the location and operation of commercial composting facilities that use biosolids (domestic wastewater residuals) to produce compost. The commissioners instructed county staff to study the issue and develop regulations for their consideration. On June 7, 2016 the BOCC adopted Ordinance No 16-006, which temporarily postponed the processing or approval of any application for a commercial composting facility. The ordinance postponed any such action for 330 days; the BOCC adopted Resolution 17-036 on March 7, 2017 which extended the ordinance for an additional 30 days... until June 2, 2017. The County retained a professional engineering and consulting firm, CDM Smith to assist the County with its evaluation of the issues and the development of suitable regulations for commercial composting facilities. The draft ordinance for the BOCC's consideration is based on the follow concepts: * Commercial composting facilities that use biosolids to produce compost would be authorized in St. Lucie County under certain circumstances, but these facilities would only be approved as a conditional use and they would only be approved in the Agriculture-5 (AG-5) zoning district. * If an applicant wishes to obtain approval of a proposed commercial composting facility located in an AG-5 district, the applicant must demonstrate that the proposed commercial 2 1 P a g e Packet Pg. 329 9.A.2.c P & Z Regular Meeting Thursday, May 18, 2017 6:00 PM composting facility will comply with certain "supplemental standards" that are designed to minimize the commercial composting facility's adverse impacts. * If an applicant for a proposed commercial composting facility is unable to comply with the County's supplemental standards, the applicant may apply for a waiver. The waiver would be granted if the applicant demonstrates that the applicant will be able to protect the public welfare and the environment, even though the applicant will not comply with one of the specific requirements in the county's supplemental standards. * A new section 3.01.03.C.7.p would be added to the County's Land Development Code. This new section would expressly identify commercial composting facilities as a conditional use in the AG-5 district. * A new section 7.10.34 would be added to the Land Development Code containing the supplemental standards for commercial composting facilities. * New definitions would be added to the Land Development Code. * The ordinance would not apply to "backyard composting" or "normal farming operations". Staff recommends the Planning and Zoning Commission forward the draft ordinance to the BOCC with a recommendation of approval. CDM Smith gave a presentation. The commission discussed distance between composting facilities, waivers/variances, home owner protection, building size, school development, odor setbacks. The also discussed vegetation buffers, trips of trucks, truck traffic, compliance of testing, bond amounts, food safety, double door air locks, inspections, code enforcement, definition of "processing", Public Hearing open Several residents spoke against the agenda item Public Hearing closed The Commission approved the agenda item with modifications to be considered and for staff to IUVR IIIL-V 1JVI1U Mr, dllu JCL UdL.RJ. RESULT: APPROVE [UNANIMOUS] MOVER: Craig Mundt, Board Member SECONDER: Edward Lounds, Board Member AYES: O'Dell, Clasby, Lounds, Mundt, Smith, Wood, Lowe, Taylor ABSENT: Bobby Hopkins B. Ordinance - Amendment to Airport Overlay Zone Heather Young, Assistant County Attorney stated pursuant to Section 33.03, Florida Statutes, as amended by Chapter 2016-230, Laws of Florida, each political subdivision having an airport hazard area within its jurisdiction must have airport protection zoning regulations for such area. The county first adopted standards for the Airport Overlay Zone in 1990 with the adoption of the Land Development Code, but amendments are now required under the 2016 statutory amendments to Chapter 333, Florida Statutes with a sumission deadline to Florida Department of Transportation (FDOT) on July 1, 2017. The proposed ordinance will amend the Land Development Code by amending Section 2.00.00 (Definitions), Section 4.00.00 (Airport Overlay Zones) Section 4.00.01 (Generally), Section 4.00.02 (Airport Zones), Section 4.00.03 (Airport 31Page Packet Pg. 330 9.A.2.c P & Z Regular Meeting Thursday, May 18, 2017 6:00 PM Height Limitations) and Section 4.00.04 (Use Restrictions) to incorporate the revisions set forth in Chapter 333. Staff recommends that the Planning & Zoning Commission forward the proposed ordinance to the Board of County Commissioners with a recommendation of approval. The Commission discussed the agenda item briefly before approving. Public Hearing open No one spoke Public Hearing closed RESULT: APPROVE [UNANIMOUS] MOVER: Edward Lounds, Board Member SECONDER: William Smith, Board Member AYES: O'Dell, Clasby, Lounds, Mundt, Smith, Wood, Lowe, Taylor ABSENT: Bobby Hopkins 5. WORKSHOPS A. There are no items scheduled. I 1114 :i -lilt [0 I *11.1 A. There are no scheduled items. 7. 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. 4 1 P a g e Packet Pg. 331 9.A.2.d INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Daniel S. McIntyre, County Attorney FROM: Katherine D. Barbieri, Assistant County Attorney 1 )G C.A. NO. 17-0797 DATE: May 26, 2017 SUBJECT: Commercial Composting Facilities Worl?shop On May 24, 2017 a public workshop was held to discuss the draft ordinance concerning commercial composting facilities. A presentation was given by CDM Smith, Inc. a professional engineering and consulting firm retained by the County to assist with evaluation of the issues and the development of suitable regulations for commercial composting facilities. Members of the public present were encouraged to ash questions and participate in a discussion. The following is a summary of hey areas that were discussed: • comments that any waiver should be heard by St. Lucie County Board of County Commissioners not Board of Adjustment • comments that there should be "measurable" standards for hardship • suggested consideration of removal of the word "economic" in definition of substantial hardship in paragraph G2 • suggestion that a facility be required to have a plan in place if negative air pressure is lost. • suggestion that standards be developed for impermeable floor • suggested larger set backs • redefine farming operation to be consistent with state law • suggestion that if a facility is required to have any state/federal permits and that state or federal permit is revolted revocation of conditional use should automatically occur and an increased bond should be required for any new permit. Lastly, there was discussion of moving the June 20, 2017 BOCC meeting to 6:00 pm. KDB/slb Packet Pg. 332 9.A.2.e COMMERCIAL COMPOSTING FACILITIES PUBLIC WORKSHOP PLANNING & DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA WEDNESDAY, MAY 24, 2017 NOTICE IS HEREBY GIVEN that the Planning & Development Services Department of St. Lucie County, Florida, will be hosting a Workshop to discuss the recent study conducted related to the uses, issues and impacts of Commercial Composting. The public workshop will be held on Wednesday, the 24th day of May, 2017, at 5:00 p.m. at the Schrieber Conference Center in the Core Auditorium D-107, located within Indian River State College - Pruitt Campus, 500 NW California Blvd., Port St. Lucie, FL 34986. The workshop will address the draft regulations for Commercial Composting Facilities that produce compost from Biosolids, manure, food waste, garbage, or similar organic materials, along with the Supplemental Standards being proposed by the draft ordinance. This ordinance does not apply to normal farming operations or backyard composting. If adopted, Commercial Composting Facilities may be approved in the unincorporated County as a Conditional Use in the AG-5 zoning district. The workshop will provide an opportunity for the community to receive an update and offer input on the proposed ordinance. Please RSVP with the Planning & Development Services Department at (772) 462-2822 or email grubbsb@stlucieco. org, if you plan to attend. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428. PLANNING & DEVELOPMENT SERVICES DEPARTMENT ST LUCIE COUNTY, FLORIDA PUBLISH DATE: May 18, 2017 TR-1614326 r ❑ PROOF O.K. BY: ❑ O.K. WITH CORRECTIONS BY: Q PLEASE READ CAREFULLY • SUBMIT CORRECTIONS ONLINE ADVERTISER: ST LUCIE COUNTY GROWTH MPROOF CREATED AT: 5/16/2017 3:52 PM SALES PERSON: Errol Cirasuolo PROOF DUE: - PUBLICATION: TR-DAILY NEXT RUN DATE: 05/18/17 TR-1614326.INDD SIZE: 3 col X 5 in Packet Pg. 333 9.A.2.f COMMERCIAL COMPOSTING FACILITES The Planning & Development Services Department of St. Lucie County is hosting a public workshop to discuss uses, impacts and concerns of Commercial Composting Facilities. This will be an opportunity for members of the community to meet with the experts on the matter who will be answering questions. Wednesday, May 24, 2017 5:00 p.m. -7:00 p.m. Indian River State College —Pruitt Campus, The Schrieber Conference Center Core Auditorium D-107 500 NW California Blvd. , Port St. Lucie, FL 34986 ff 0.5 1 Miles Midw Rd 0 3- 0 w E. S 4 C3? m m IRSC-Pruitt Campus 500 NW California Blvd Bfvcf 8 `o Qe LL �7� m Prima Uista Blvd rn� �ygstg�vd e SMUG m m m U Crosstown Pkw _ www.stlucieco.org (772) 462-2822 • # Packet Pg. 334 id —MR Ba achi Legend N St. Lucie Estuary Watershed QSt. Lucie County Boundary Basin Management Action Plan Areas MIndian River Lagoon Lake Okeechobee St. Lucie County 7-1 St.Lucie - Loxahatchee Compost Ordinance Development 0 1 2 4 6 8 Miles w m L _T LL CCR d C St. Lucie Estua Q Watershed and BMi c Boundari t a 4 M I 9.A.2.i ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA June 20, 2017 NOTICE OF A PROPOSED TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by ordinance: ORDINANCE 17-XXX AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO AUTHORIZE COMMERCIAL COMPOSTING FACILITIES, SUBJECT TO CONDITIONS; AMENDING SECTION 2.00.00 (DEFINITIONS) BY PROVIDING NEW DEFINITIONS FOR COMMERCIAL COMPOSTING FACILITIES AND RELATED TERMS; AMENDINGSECTION3.01.03 (ZONING DISTRICTS) BY PROVIDING FOR COMMERCIAL COMPOSTING FACILITIES AS A CONDITIONAL USE IN THE AGRICULTURE-5 ZONING DISTRICT; AMENDING SECTION 7.10.00 (SUPPLEMENTAL STANDARDS) BY ADDING NEW SUPPLEMENTAL STANDARDS FOR COMMERCIAL COMPOSTING FACILITIES; PROVIDING FOR WAIVERS OF THE SUPPLEMENTAL STANDARDS FOR COMMERCIAL COMPOSTING FACILITIES; PROVIDING FOR THE EXHAUSTION OF ADMINISTRATIVE REMEDIES BEFORE SEEKING JUDICIAL REVIEW; PROVIDING FOR THE INTERPRETATION OF THE TERMS USED IN THE SUPPLEMENTAL STANDARDS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. APPLICANT: St. Lucie County Board of County Commissioners PURPOSE: St. Lucie County Is initiating an amendment to its Land Development Code to authorize commercial composting facilities as a conditional use in the AG-5 zoning district. These regulations will govern the location and development of any Commercial Composting Facility that will process Biosolids or other organic wastes to produce Compost. LOCATION: Unincorporated St. Lucie County The FIRST PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on 7secdav ��2n. z017 beginning at 6.00 om or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file Is available for review at the Planning and Development Services Department — Planning offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida during regular business hours. Please call (772) 462-2822 or TOO (772) 462-1428 if you have any questions or require additional intonation about this petition. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO SPrT10N 2B6 010s LORIDA STATUTES, if a person decides to appeal any decision made by the Board of County ComFmissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a heating upon request. If it becomes necessary, a public hearing may be continued from time to time to a date -certain. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428. BOARD OF COUNTY COMMISSIONERS ST. LL% COUNTY, FLORIDA /S/ CHRIS DZADOVSKY, CHAIRMAN PUBLISH DATE: June 9, 2017 ❑ PROOF O.K. BY: ❑ O.K. WITH CORRECTIONS BY: PLEASE READ CAREFULLY • SUBMIT CORRECTIONS ONLINE ADVERTISER: ST LUCIE COUNTY ATTORNEY PROOF CREATED AT: 6/8/2017 11:09 AM SALES PERSON: Linda Klein PROOF DUE: - NEXT RUN DATE: 06/09/17 TR-1641504.INDD PUBLICATION: TR-DAILY SIZE: 3 Sol X 10 in Packet Pg. 337 9.A.2.j DRAFT —June 138_APR"rn�rIL 28144ar16, 2017 FOR DISCUSSION PURPOSES ONLY ORDINANCE 17-XXXX AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO AUTHORIZE COMMERCIAL COMPOSTING FACILITIES, SUBJECT TO CONDITIONS; AMENDING SECTION 2.00.00 (DEFINITIONS) BY PROVIDING NEW DEFINITIONS FOR COMMERCIAL COMPOSTING FACILITIES AND RELATED TERMS; AMENDING SECTION 3.01.03 (ZONING DISTRICTS) BY PROVIDING FOR COMMERCIAL COMPOSTING FACILITIES AS A CONDITIONAL USE IN THE AGRICULTURE-5 ZONING DISTRICTS; AMENDING SECTION 7.10.00 (SUPPLEMENTAL STANDARDS) BY ADDING NEW SUPPLEMENTAL STANDARDS FOR COMMERCIAL COMPOSTING FACILITIES; PROVIDING FOR WAIVERS OF THE SUPPLEMENTAL STANDARDS FOR COMMERCIAL COMPOSTING FACILITIES; PROVIDING FOR THE EXHAUSTION OF ADMINISTRATIVE REMEDIES BEFORE SEEKING JUDICIAL REVIEW; PROVIDING FOR THE INTERPRETATION OF THE TERMS USED IN THE SUPPLEMENTAL STANDARDS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners ("Board") of St. Lucie County ("County"), Florida, has been working with its staff and professional consultants to prepare land development regulations that will govern the location and development of any Commercial Composting Facility that will process Biosolids (i.e., domestic wastewater residuals) or other organic wastes in the unincorporated areas of the County to produce Compost; and WHEREAS, the Board finds that the regulation of Commercial Composting Facilities is necessary and appropriate to guide the future use and development of the land in the unincorporated County, and to protect the health, safety, and welfare of the County's residents, businesses, and environmental resources; and WHEREAS, the Board has the responsibility and authority to determine the zoning districts and land use categories that are best suited for specific purposes; and WHEREAS, the Board has determined that Commercial Composting Facilities should be allowed only as a conditional use, and only within the Agriculture-5 (AG-5) zoning district, because Commercial Composting Facilities have the potential to cause significant adverse impacts on surrounding land uses and the environment; and WHEREAS, the Board has determined that it is appropriate to establish supplemental standards concerning the siting and operation of Commercial Composting Facilities, because supplemental Packet Pg. 338 9.A.2.j standards are needed to ensure that the potential adverse impacts of Commercial Composting Facilities will be reduced to acceptable levels; and WHEREAS, the Board has determined that the supplemental standards and other requirements in this Ordinance are needed to ensure that Commercial Composting Facilities will be compatible with adiacent and nearby land uses: and WHEREAS, the Board has determined that the supplemental standards and other requirements in this Ordinance are needed to protect water quality in the St. Lucie River Watershed from the adverse impacts caused by Commercial Composting Facilities: and WHEREAS, the Board is adopting the supplemental standards and other requirements in this Ordinance as part of a multi -phased effort to protect water quality in the St. Lucie River Watershed from further degradation, recognizing that the water quality in the St. Lucie River Watershed is critically important to the environmental and economic health of St. Lucie County; and WHEREAS, the Board has determined that the requirements in this Ordinance are necessary to protect the public health, safety, and welfare of the citizens of St. Lucie County, Florida, pursuant to Article VIII, Section 1(f) of the Florida Constitution and Section 125.01 of the Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. RECITALS ADOPTED. Each of the recitals set forth above is hereby adopted and incorporated herein. Section 2. AMENDMENTS TO CHAPTER II (DEFINITIONS) OF THE LAND DEVELOPMENT CODE. Chapter II (Definitions) of the St. Lucie County Land Development Code ("Code") is hereby amended by adding new definitions tein Section 2.00.00 (Definitions) of the Code and revising the existing definition of "Yard Trash." The new definitions are underlined below. The revisions to the definition of "Yard Trash" also are hiehliehted with underlinine. The new and revised definitions ar4 shall read as follows CHAPTER II — DEFINITIONS 2.00.00. — DEFINITIONS them. When used in this Code, the following terms shall have the meanings herein ascribed to Appropriately Treat: For the purposes of Section 7.10.34 only, this term means to treat Leachate in a domestic or industrial wastewater treatment facility that has obtained or will obtain all of the permits and approvals from the Florida Department of Environmental Protection that are needed to receive and treat the Leachate. Formatted: Underline G1 t) C M C :a L O a� C N O CL E O t� 7 J co a Packet Pg. 339 9.A.2.j Backyard Composting: The Composting of organic Solid Waste, such as grass clippings, leaves, or food waste, generated by the owner or occupant of a single or multi -family residential dwelling unit, in cases where the Composting occurs at that dwelling unit. Biosolids: The solid, semisolid, or liquid residue generated during the treatment of domestic wastewater in a domestic wastewater treatment facility, formerly known as "domestic wastewater residuals" or "residuals," and includes products and treated material from Biosolids treatment facilities and septage management facilities regulated by the Florida Department of Environmental Protection. The term does not include the treated effluent or reclaimed water from a domestic wastewater treatment facility, solids removed from pump stations and lift stations, screenings and grit removed from the preliminary treatment components of domestic wastewater treatment facilities, or ash generated during the incineration of Biosolids. Commercial Composting Facility: A facility that uses Composting techniques or technologies to process Biosolids or other organic wastes, and thereby produce Compost, pursuant to a commercial business or for -profit venture. Compost: Solid Waste which has undergone biological decomposition of organic matter, has been disinfected using Composting or similar technologies, and has been stabilized to a degree that is potentially beneficial to plant growth and that is used or sold for use as a soil amendment, artificial top soil, growing medium amendment or other similar uses. Composting: The process by which biological decomposition of organic Solid Waste is carried out under controlled aerobic conditions, and that stabilizes the organic fraction into a material which can easily and safely be stored, handled and used in an environmentally acceptable manner. The presence of anaerobic zones within the Composting material will not cause the process to be classified as other than Composting. Composting includes Processing. Enclosed Building: For the purposes of Section 7.10.34 only, this term means a building or structure that satisfies all of the criteria set forth in Section 7.10.34 of the Code concerning an Enclosed Building. Leachate: Any liquid that has come into contact with, passed through, or emerged from Biosolids, Yard Trash, Solid Waste, any other organic material used in Composting operations, partially treated Compost (e.g., material that is curing), or fully treated Compost, as more fully described in Section 7.10.34.D.4, below. Leachate includes all soluble, suspended, and miscible materials in the liquid. Lake -Okeechobee Watershed: Lake Okeechobee, its tributaries, and the area within which surface water flow is directed or drains, naturally or by constructed works, to the lake or its tributaries. N CO 14 14 C N O O. E O Formatted: Font: Italic qj 7 J .L% N Q O� r C d E t t� M ++ a Packet Pg. 340 9.A.2.j Manure: Solid Waste composed of excreta of animals, and residual materials that have been used for bedding, sanitary, or feeding purposes for such animals. Normal Farming Operations: This term shall have the meaning set forth in Section 7.10.34.E of the Code. Nutrients: For the purposes of Section 7.10.34 only, this term shall mean Nitrate, Total Kieldahl Nitrogen. Nitrite and Total Phosphorus. Obiectionable Odor: Anv odor present in the outdoor atmosphere which by itself or in combination with other odors, is or may be harmful or iniurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life or property, or which creates a nuisance. Pathogens: Disease -carrying organisms, including certain bacteria, protozoa, viruses, viable helminth ova, and other organisms that cause disease. Processing: Any technique designed to change the physical, chemical, or biological character or composition of any Biosolids, Yard Trash, or Solid Waste used at a Commercial Composting Facility to produce Compost. Processing includes but is not limited to physical turning, windrowing, aeration, and other means of mechanically handling Biosolids, Yard Trash, Solid Waste, or other organic matter used to produce Compost. Solid Waste: Sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. St. Lucie River Watershed: The St. Lucie River, its tributaries, its estuary, and the areas within St. Lucie County, Martin County, and Okeechobee County from which surface water flow is directed or drains, naturally or by constructed works, to the St. Lucie River, its tributaries, or its estuary. Yard Trash: Means vVegetative matter resulting from landscaping maintenance erand land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For purposes of Section 7.10.34 only, Yard Trash also includes clean wood. Section 3. AMENDMENT TO CHAPTER III (ZONING DISTRICTS) OF THE LAND DEVELOPMENT CODE. Chapter III (Zoning Districts) of the St. Lucie County Land Development Code is hereby amended by adding a new Section 3.01.03.C.7.p, which authorizes Commercial Composting Facilities in Agricultural-5 (AG-5) zoning districts as a Conditional Use, subject to conditions. The new text is underlined below. The Land Development Code, as amended, shall read as follows: Formatted: No underline N C0 14 14 a Packet Pg. 341 9.A.2.j CHAPTER III —ZONING DISTRICTS 3.00.00. —ZONING DISTRICTS Section 3.01.03. —Zoning Districts. C. AG-5 Agricultural-5. 7. Conditional Uses: P. Commercial Composting Facilities subject to the requirements of Section 7.10.34. Section 4. AMENDMENTS TO CHAPTER VII (DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS) OF THE LAND DEVELOPMENT CODE. Chapter VII (Development Design and Improvement Standards) of the St. Lucie County Land Development Code is hereby amended by creating a new Section 7.10.34, which contains the Supplemental Standards that are applicable to Commercial Composting Facilities. All of the text in Section 7.10.34 is new, but it is not underlined in this Ordinance because the underlining would make the Ordinance more difficult to read. Although Section 7.10.34 is new, the other provisions in Chapter VII are not being amended or otherwise changed by this Ordinance. The Land Development Code, as amended, shall read as follows: CHAPTER VII — DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.00. —SUPPLEMENTAL STANDARDS 7.10.34—COMMERCIAL COMPOSTING FACILITIES. A — Intent. Packet Pg. 342 9.A.2.j The intent of this Section 7.10.34 is to establish the criteria for the location, permitting, and operation of Commercial Composting Facilities. B—Applicability The provisions of this Section 7.10.34 shall be applicable to each Commercial Composting Facility that will be located in an unincorporated area of St. Lucie County. The construction and operation of a Commercial Composting Facility in an unincorporated area of St. Lucie County is prohibited, unless the construction and operation of the facility has been approved in compliance with the requirements in this Section 7.10.34 or is exempt from the requirements herein. The supplemental standards in this Section 7.10.34 apply to Commercial Composting Facilities that use Biosolids to produce Compost. For the purposes of this Section 7.10.34, Commercial Composting Facilities also include facilities that produce Compost with: Manure; the treated effluent or reclaimed water from a domestic wastewater treatment facility; solids removed from pump stations and lift stations; screenings and grit removed from the preliminary treatment components of domestic wastewater treatment facilities; ash generated during the incineration of Biosolids; septage; sludge from a food establishment or a grease trap interceptor; waste removed from portable toilets; waste removed from holding tanks associated with boats or marina facilities; garbage; or food waste. Facilities using one or more of these materials to produce Compost are prohibited in the unincorporated areas of St. Lucie County, unless the applicant for such facility demonstrates that the facility will comply with the requirements in this Section 7.10.34 or the applicant demonstrates that the facility is entitled to the County's approval pursuant to another section of the St. Lucie County Land Development Code. Notwithstanding anything else contained herein, the requirements in this Section 7.10.34 do not apply to: 1. Normal Farming Operations, which are defined as follows: (a) Composting or anaerobic digestion of Yard Trash, Solid Waste, and Manure generated on the farm, as part of agronomic, horticultural, or silvicultural operations, for use on the farm, as part of agronomic, horticultural, or silvicultural operations; or (b) Composting or anaerobic digestion of Yard Trash, Solid Waste, and Manure generated off the farm, for use on the farm, as part of agronomic, horticultural, or silvicultural operations. 2. Backyard Composting, including Composting that is conducted by an individual or family solely for their own farming or gardening activities on their own property. 3. A Composting facility that only uses Yard Trash and/or untreated wood to produce Compost. Packet Pg. 343 9.A.2.j 4. A Commercial Composting Facility that has received all of the necessary permits, licenses, and other approvals needed to construct and operate the facility lawfully, if such permits, licenses, and other permits were issued before this Section 7.10.34 took effect. C—Zoning Districts where Commercial Composting Facilities are allowed. Commercial Composting Facilities may be approved as a Conditional Use in an Agriculture-5 (AG- 5) zoning district, subject to the requirements in this Section 7.10.34 and the other requirements applicable to the AG-5 zoning district. Commercial Composting Facilities are prohibited in other zoning districts. D — Supplemental Standards for controlling water quality impacts from Commercial Composting Facilities. 1. In Section 373.4595(1)(d), Florida Statutes, the Florida Legislature "finds that it is imperative for the state, local governments, and agricultural and environmental communities to commit to restoring and protecting the surface water resources of the Lake Okeechobee watershed, the Caloosahatchee River watershed, and the St. Lucie River watershed, and that a watershed -based approach to address these issues must be developed and implemented immediately." The Legislature also found that phosphorus and "other pollutants are contributing to water quality problems in the Lake Okeechobee watershed, ... and the St. Lucie River watershed." § 373.4595(1)(g), F.S. In Section 373.4595(4)(d), Florida Statutes, the Legislature required the adoption of a basin management action plan for the St. Lucie River Watershed. As part of the action plan, the Legislature prohibited the Florida Department of Environmental Protection from authorizing "the disposal of domestic wastewater biosolids within the St. Lucie River watershed unless the applicant can affirmatively demonstrate that the nutrients in the biosolids will not add to nutrient loadings in the watershed." § 373.4595(4)(d)5, F.S. A similar prohibition applies to the disposal of biosolids in the Lake Okeechobee Watershed. § 373.4595(3)(b)16, F.S. 2. Consistent with the Legislature's findings and mandates, the County wants to ensure that the operation of Commercial Composting Facilities in the unincorporated areas of the County will not cause or contribute to water quality problems in the St. Lucie River Watershed or the Lake Okeechobee Watershed. Accordingly, an applicant seeking a conditional use approval for a Commercial Composting Facility in the unincorporated areas of the County must demonstrate that the proposed activities at the Commercial Composting Facility will not cause a net increase in the Nutrient loadings or Pathogens in any surface water that drains into the St. Lucie River Watershed or the Lake Okeechobee Watershed. 3. An applicant will be presumed to comply with the requirement in Section 7.10.34.D.2, above, if the applicant demonstrates that the applicant's proposed Commercial Composting Facility is designed to collect and Appropriately Treat all of the Leachate that will be generated at the proposed Commercial Composting Facility. 4. For the purposes of this Section 7.10.34, Leachate includes: (a) all of the stormwater that comes into contact with the Biosolids, Yard Trash, Solid Waste, and other organic Packet Pg. 344 9.A.2.j material that the applicant will use to create Compost; (b) all of the liquid that emanates from the Biosolids, Yard Trash, Solid Waste, and other organic material that the applicant will use to create Compost; (c) all of the stormwater that comes into contact with, and all of the liquid that emanates from, the materials used to create Compost after the materials have been combined for Processing; and (d) all of the stormwater that comes into contact with, and all of the liquid that emanates from, partially treated Compost (e.g., Compost that is curing) and fully treated Compost (i.e., Compost that complies with the specifications for the Commercial Composting Facility's finished product). S. To comply with the requirement in Section 7.10.34.D.2, above: (a) all Composting activities must be conducted inside an Enclosed Building; (b) all raw materials used to create Compost (e.g., Biosolids, Yard Trash, etc.), all partially treated Compost, and all fully treated Compost must be stored inside an Enclosed Building; and (c) the Enclosed Building must be designed, constructed, and maintained to comply with the requirements in Section 7.10.34.D.6, below. 6. For the purposes of complying with the water quality requirements in Section 7.10.34. D.2, above, an Enclosed Building means a building or structure that satisfies all of the following criteria: (a) The building must have a roof and four (4) walls, which fully enclose the interior of the building from the floor to the ceiling, except as otherwise provided herein. (b) The building must have an imperm --a:;'eimpervious floor made of concrete, asphalt, or -equivalent material that will prevent Leachate from leaking into the soils and groundwater beneath the building. The impervious floor must have a Permeability rate for Leachate that is 1 x 10-7 cm/sec or less. (c) The floor of the building must be sloped toward drains or sumps, which are sized and located to collect and remove any Leachate that is spilled, leaked, or discharged on the floor. (d) Drains, elevated speed bumps, or similar features must be installed at all doorways used to provide access into the building for vehicular traffic. These features must be designed and maintained to ensure that Leachate does not flow out of the building, via the doorways for vehicular traffic, and into the outside environment. (e) All of the building's doors, windows, and other similar openings to the outdoors must be designed and operated to: (1) minimize the potential for rainwater to enter the building; and (2) prevent the release of Leachate from the building to any outdoor area. An applicant must demonstrate that it will Appropriately Treat the Leachate collected inside the proposed Commercial Composting Facility. More specifically, the applicant must demonstrate that the applicant will pump or transport the Leachate to a domestic Packet Pg. 345 9.A.2.j or industrial wastewater treatment facility that has received or will receive all of the necessary permits and approvals from the Florida Department of Environmental Protection to receive and treat the Leachate from the Commercial Composting Facility. The applicant also must provide the County with a letter from the owner or operator of the wastewater treatment facility, confirming that the wastewater treatment facility is willing and able to accept and treat the Leachate from the Commercial Composting Facility. 8. An applicant must demonstrate that the stormwater management system for the proposed Commercial Composting Facility will comply with the following requirements: (a) If the applicant's stormwater management system will discharge to a waterbody that drains into the St. Lucie River Watershed or the Lake Okeechobee Watershed, the stormwater system must be designed to collect, treat, and retain the runoff generated by a one hundred (100) year, seventy-two (72) hour design storm, without discharging. (b) All retention and detention basins in the applicant's stormwater management system must be setback one hundred feet (100') from any waterbody that drains into the St. Lucie River Watershed or the Lake Okeechobee Watershed. (c) If the applicant's stormwater management system will not discharge into a waterbody that drains into the St. Lucie River Watershed or the Lake Okeechobee Watershed, the stormwater management system must comply with all of the applicable standards established by the Florida Department of Environmental Protection and the South Florida Water Management District for such systems. 9. The applicant must provide a vegetated buffer (setback) between certain areas of the applicant's site and any waterbody that drains to the St. Lucie River Watershed or the Lake Okeechobee Watershed. The setback shall be two hundred feet (200') for all areas on the site where Biosolids are delivered, stored, or used to produce Compost, including areas where the partially treated Compost is cured. The setback shall be one hundred feet (100') for all areas where Yard Trash or other organic materials (except Biosolids) are delivered, stored, or used to produce Compost. The setback shall be one hundred feet (100') for all areas where the fully treated Compost is stored. 10. The applicant must demonstrate that the Commercial Composting Facility will be built at an elevation above the one hundred (100) year floodplain. This requirement applies to all buildings and areas used for Composting, including but not limited to buildings and areas used for receiving, storing, or Processing Biosolids, Yard Trash, Solid Waste, or other organic materials used to produce Compost, as well as areas used to store partially or fully treated Compost. E - Supplemental Standards for controlling Objectionable Odors from Commercial Composting Facilities. 1. An applicant must demonstrate that its Commercial Composting Facility will not cause Objectionable Odors at or beyond the boundary (property line) of the applicant's site. Packet Pg. 346 9.A.2.j 2. An applicant will be presumed to comply with the requirement in Section 7.10.34.E.1., above, if the applicant demonstrates that: (a) all Composting operations will be conducted inside an Enclosed Building; (b) all Biosolids, Yard Trash, Solid Waste, and other organic materials used to produce Compost will be received, stored, and used inside an Enclosed Building; (c) all partially and fully treated Compost will be stored inside an Enclosed Building; and (d), in each instance, the Enclosed Building will be designed, constructed, and operated to collect and minimize the Objectionable Odors emitted from the Commercial Composting Facility. 3. To comply with the odor control requirements in Section 7.10.34.E.1, above, an applicant must comply with the following criteria for an Enclosed Building, in addition to the criteria set forth in Section 7.10.34.D.6, above: (a) The applicant must demonstrate that the building will be designed, constructed, and operated to collect any Objectionable Odors that are generated inside the building. At a minimum, the design features and operating systems proposed by the applicant must be consistent with the best management practices used to collect Objectionable Odors in similar enclosed buildings. For example, the building should be equipped with a ventilation system designed to produce a negative air pressure inside the building. The negative air pressure should be maintained throughout the building at levels sufficient to prevent Objectionable Odors from leaving the inside of the building during normal operations. (b) The applicant must demonstrate that any Objectionable Odors generated in the building will be minimized before they are released to the outdoor environment. At a minimum, the design features and operating systems proposed by the applicant must be consistent with the best management practices used to neutralize or destroy Objectionable Odors from similar enclosed buildings. (1) The applicant should use an odor neutralization system to reduce Objectionable Odors inside the building. For example, the applicant should use misting systems that spray odor neutralizing compounds inside the building, and/or systems that generate and release ozone inside the building. (2) The Objectionable Odors inside the building should be treated with an activated carbon filter system or other air pollution control system that is designed and operated to minimize or eliminate the Objectionable Odors before the odors are discharged from the building to the atmosphere. (c) If the building has any doors or entranceways that are used to provide ingress and egress for vehicles, the doors must be equipped with high speed roll -up covers or equivalent mechanisms to minimize the potential for Objectionable Odors to leave the building. 10 Packet Pg. 347 9.A.2.j (d) The applicant must provide the County with an operations plan demonstrating that the doors used to provide vehicular access into the building, and other large openings into the building (e.g., openings for ventilation fans), will be closed to the greatest extent practicable. (1) All doors used to provide vehicular access into the building must be closed at all times, except when a vehicle is approaching the door to enter or exit the building. (2) All doors for vehicles must be closed at night, on weekends, and at other times that are outside of the Commercial Composting Facility's normal business hours. (3) All of the other large openings into the building, such as the openings for ventilation fans (if any), shall be closed when the vehicle doors are closed, unless such openings need to remain open at other times pursuant to the operating plan for controlling Objectionable Odors (e.g., if the openings need to remain open so that ventilation fans can be used to provide negative air pressure inside the building). 4. The applicant must provide buffers (setbacks) from its Commercial Composting Facility to reduce the potential for Objectionable Odors and airborne Pathogens to reach off - site areas. (a) A setback of three hundred feet (300') must be provided between the boundary (property line) of the applicant's site and any area on the site where the applicant receives, stores, or uses Biosolids, Yard Trash, other organic materials used to produce Compost, or partially or fully treated Compost. (b) A setback of one thousand three hundred twenty feet (1,320') must be provided between any on -site area where Biosolids will be delivered, stored, or used for Composting and the nearest building that is not owned by the applicant. This setback does not apply to buildings that are located on the applicant's site. This setback also does not apply to buildings constructed after the County issues a conditional use approval for the construction of the Commercial Composting Facility. Further, this setback may be reduced if a smaller setback has been accepted in writing by the person that owns the building. (c) A setback of one thousand three hundred and twenty feet (1,3201 must be provided between the boundary (property line) of the applicant's site and the urban service boundary. F - Other Supplemental Standards for Commercial Composting Facilities. 1. The applicant must prepare an operating plan for the proposed Commercial Composting Facility. The operating plan must demonstrate that the operation of the proposed Commercial Composting Facility will not adversely affect off -site residents, businesses, or land uses as a result of Objectionable Odors, Pathogens, dust, stormwater runoff, 11 Packet Pg. 348 9.A.2.j insects, vermin, other vectors, truck traffic, noise, or other adverse impacts caused by the operation of the Commercial Composting Facility. The operating plan must be submitted to and approved by the County before the conditional use will be approved 2. The operating plan must include a contingency plan, which describes the fire control and emergency operating measures that will be used at the Commercial Composting Facility. The contingency plan must describe the measures that will be followed during hurricanes, tropical storms, and other severe weather conditions to ensure that Biosolids, Yard Trash, Solid Waste, other organic materials used to produce Compost, partially and fully treated Compost, and Leachate will not be blown, discharged, or otherwise released into the environment as a result of the severe weather conditions. The contingency plan also must describe the measures that will be used to prevent fires from occurring on the site, as well as the measure that will be used to extinguish fires. 3. Fire lanes shall be established and maintained on the site to ensure access can be provided in the event of a fire or other emergency. The fire lanes shall be at least fifteen feet (15') wide. The fire lanes shall be located between each windrow of partially or fully treated Compost, and between any stockpiles of Yard Trash, other materials used to create Compost, and Compost. None of these materials may be more than fifty feet (50') from a fire lane or other location where access is provided for motorized firefighting equipment. 4. The maximum height of any pile of Yard Trash, or partially or fully treated Compost, shall be fifteen feet (15'). S. Yard Trash and wood waste must be managed on a "first -in, first -out" basis. Such materials shall be used to produce Compost or removed from the site within sixty (60) days after the material is delivered to the site. All of the fully treated Compost shall be removed from the site within one hundred twenty (120) days after the Composting process is completed. All of the raw materials used to produce Compost (e.g., Biosolids; Yard Trash; etc.), all of the partially treated Compost, and all of the fully treated Compost shall be removed from the site within sixty (60) days after the applicant ceases operation of the Commercial Composting Facility. 6. If the applicant's site is located within one thousand feet (1,000') of any zoning district that allows one or more residential dwelling units to be built on lots that are less than five (5) acres in size, the following criteria shall apply: (a) The business hours of the Commercial Composting Facility shall be limited to Monday through Friday, from 8:00 a.m. to 6:00 p.m. (b) The Commercial Composting Facility shall not accept deliveries of Biosolids, Yard Trash, or similar materials in trucks, and shall not transport Compost from the site in trucks, except during the days and hours of operation specified in Section 7.10.34.F.6(a), above. (c) Chipping and grinding of Yard Trash, land clearing debris, wood waste, or other similar materials shall not be conducted on the applicant's site, except during the days and hours of operation specified in Section 7.10.34.F.6(a), above. 12 Packet Pg. 349 9.A.2.j The applicant must demonstrate that it has the ability to obtain and maintain a performance bond, irrevocable letter of credit, or other form of financial surety (collectively, "Performance Bond") for the benefit of the County. Before the applicant commences construction of the Commercial Composting Facility, the applicant must provide a pPerformance 4aBond to the County to guarantee the applicant's performance in compliance with the County's Land Development Code and other applicable requirements. The form of the Performance Bond shall be subject to the County's prior approval. The amount of the bPerformance Bond must be large enough to ensure that the County will have sufficient funds available, if necessary, to remove all of the Biosolids, Yard Trash, Compost, and similar materials from the applicant's site if the applicant fails to perform in compliance with the County's Land Development Code and other applicable requirements. The applicant shall have an independent professional engineer prepare an estimate of the cost of having a third party remove the Biosolids and other materials from the applicant's site at a time when the Commercial Composting Facility -_is operating at its maximum design capacity. The d PtPrrn1n,- the amount of the pEerf...m- nGe bj!a d; however, the I...nd shall net hp The County shall require the Performance Bond to be in the amount indicated in the following table, unless the applicant demonstrates to the County's satisfaction that a lesser amount is appropriate, based on the specific facts and circumstances of the applicant's project: Facility Capacity Performance Bond Amount <50 tons per day compost produced $200,000 bond 50 —100 tons per day compost produced $400,000 bond 100 — 250 tons per day compost produced $1,000,000 bond 250 — 500 tons per day compost produced $2,000,000 bond >500 tons per day compost produced $4,000,000 minimum The County may increase or decrease the amount of the Performance Bond at the time of conditional use approval, based on the prevailing hauling, disposal, and treatment costs. The applicant must demonstrate that Biosolids, Yard Trash, Solid Waste, and other materials will not be tracked from the applicant's site onto local roads as a result of truck traffic. The applicant must install a wheel wash system, or a "Soil Tracking Prevention Device" designed in compliance with the requirements of the Florida Department of Transportation, or a similar system that will remove Biosolids, Yard Trash, Solid Waste, and other materials from the tires and undercarriage of the trucks leaving the site of the Commercial Composting Facility. The supplemental standards in this Section 7.10.34 establish the minimum requirements applicable to the applicant's proposed Commercial Composting Facility. In addition to the requirements in this Section 7.10.34, an applicant must demonstrate that the proposed Commercial Composting Facility will be located, designed, built, and operated 13 N C0 14 14 r� a Packet Pg. 350 9.A.2.j in compliance with all of the other applicable County requirements, including but not limited to the requirements for landscaping, lighting, fire protection, and signage. Further, the County may impose additional requirements on the applicant's proposed facility, based on the specific features of the applicant's proposed site, facility, and operating plan. Such requirements may address the facility's adverse impacts on public health, safety, and welfare, including but not limited to the adverse impacts on public safety and highway maintenance caused by the truck traffic generated by the applicant's proposed facility. 10. The applicant's compliance with the requirements in this Section 7.10.34 does not eliminate the applicant's obligation to comply with other requirements applicable to the applicant's proiect pursuant to other local, state, or federal laws. The applicant will be required to demonstrate that all necessary permits and approvals for the construction of the proposed Commercial Composting Facility have been received by the applicant, before the applicant begins to construct the facility. Among other things, the applicant will need to demonstrate that the applicant has obtained all of the necessary permits and approvals required by the Fire Marshall, the local or state Department of Transportation, the local or state Department of Health, the Florida Department of Environmental Protection ("FDEP"), and the U.S. Environmental Protection Agency. 11. The County's representatives shall have the right to enter the applicant's site, after presenting their credentials or other form of identification, to determine whether the construction and operation of the Commercial Composting Facility complies with the County's requirements. The County's representatives shall have the right to collect and analyze samples of the environmental media (e.g., soil, air, water) on or adjacent to the applicant's site to determine whether the Commercial Composting Facility is operating in compliance with the County's standards. 12. The requirements in this Section 7.10.34 shall be enforced by using the County's code enforcement mechanisms, in addition to any other enforcement mechanisms or remedies authorized by local or state law. 13. After providing notice to the applicant and an opportunity to be heard, the County may revoke its conditional use approval for the Commercial Composting Facility if the County determines that the facility has not been built or is not being operated in compliance with (a) the information provided to the County in support of the applicant's request for a conditional use, (b) a requirement contained in this Section 7.10.34, (c) a requirement contained in the County's conditional approval for the applicant's facility, or (d) one of the other County requirements applicable to the Commercial Composting Facility. The County also may revoke its conditional use approval or take other appropriate enforcement action if the applicant operates the Commercial Composting Facility after one of the necessary local, state, or federal permits for the facility has been revoked. 14. The applicant shall provide the County with a copy of each report the applicant submits to the FDEP concerning the Commercial Composting Facility's compliance with the applicable FDEP standards. Each such report shall be delivered to the County within seven (7) days after the report is delivered to the FDEP. 14 N C0 14 14 r� a Packet Pg. 351 9.A.2.j 15. The Countv shall have the right to retain engineers. consultants. and other independent technical experts, as the County deems necessary, to assist the County with its review of an application for a Commercial Composting Facility or an application for a waiver. In such cases, the County may charge a special fee for its review of the application. The amount of the special fee shall be equal to the estimated cost the County will incur for using the experts' services. The special fee must be paid to the County before the County conducts its review of the application. 16. If a Commercial Composting Facility fails to comply with the County's requirements in this Ordinance, the County may require the facility to reimburse the County for any monitoring conducted by the County to evaluate the environmental conditions on the facility's site. G — Waivers of Supplemental Standards. The County supports and encourages Composting, when the Composting is performed properly and does not pose a threat to the environment or the public welfare. The County recognizes that the state-of-the-art is evolving relatively rapidly with regard to Composting, odor controls, and related matters. Accordingly, the County will grant a waiver of a requirement in these Supplemental Standards in cases where the applicant demonstrates to the County's reasonable satisfaction that granting the waiver will not pose a threat to the environment or public welfare. More specifically, a waiver shall be granted from a requirement in this Section 7.10.34 when a person subject to the requirement demonstrates that (a) the underlying purpose of the requirement has been or will be achieved by other means employed by the applicant and (b) the application of the requirement would create a substantial hardship for the applicant. 3. For the purposes of Section 7.10.34.G.2, "the underlying purpose of the requirement" means the protection of the public health, safety, and welfare in the manner provided by the specific requirement from which the applicant is seeking relief. For example, a request for a waiver from a requirement in Section 7.10.34.D must demonstrate that "the proposed activities at the Commercial Composting Facility will not cause a net increase in the Nutrient loadings or Pathogens in any surface water that drains into the St. Lucie River Watershed or the Lake Okeechobee Watershed," even if the applicant does not comply with the specific requirement in Section 7.10.34.D from which the applicant seeks relief. A request for a waiver from a requirement in Section 7.10.34.E must demonstrate that the "Commercial Composting Facility will not cause Obiectionable Odors at or beyond the boundary (property line) of the applicant's site," even if the applicant does not comply with the specific requirement in Section 7.10.34.E from which the applicant seeks relief. A similar demonstration would be required if an applicant requested a waiver from any of the other Supplemental Standards in Section 7.10.34.F, including but not limited to the Supplemental Standards in Section 7.10.34.F that are designed to address fires, noise, nuisances, and other adverse impacts caused by a Commercial Composting Facility. In all such cases, the applicant must demonstrate that the public health, safety, and welfare will be protected, even if the County grants a waiver from the specific requirement from which the applicant is seeking relief. Waivers 15 N C0 14 14 a Packet Pg. 352 9.A.2.j will not be eranted solelv because the applicant will experience a hardship as a result of the requirement. 4. For the purposes ofthis l".Section 7.10.34.G.2, "substantial hardship" means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the waiver, in a case where the hardship to the individual significantly outweighs the public benefit of enforcing the requirement. 35. The general procedures for requesting and obtaining a waiver shall be the same as the general procedures in Sections 10.01.04 and 10.01.05 of the St. Lucie County Land Development Code for requesting and obtaining a variance, except that a] the application and supporting information submitted by the applicant shall address the issues set forth in Sections 7.10.34.G.2 and 7.10.34.G.3, aboveL(bL—aac-the standards for granting or denying a waiver shall be limited to the standards set forth in Section 7.10.34.G.2 and 7.10.34.G.3, above; and (c) the Board of County Commissioners shall have the exclusive authority to review and approve an application for a waiver. The Board of Adjustment will not review or approve an application for a waiver. H — Exhaustion of administrative remedies. 1. An applicant must exhaust the administrative remedies provided in Section 7.10.34.G, above, before the applicant seeks judicial review of any County decision denying, in whole or in part, an application for a conditional use approval, which is based on the County's determination that the application did not comply with one or more of the requirements in Section 7.10.34 of the St. Lucie County Land Development Code. 2. An applicant or property owner claiming that Section 7.10.34, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted the administrative remedies provided in Section 7.10.34. 1— Interpretation of the definitions and terms used in these Supplemental Standards. 1. The definitions in Section 2.00.00 of St. Lucie County's Land Development Code shall be used when construing and applying this Section 7.10.34. In addition, the definitions adopted by the Florida Department of Environmental Protection in Sections 62-640.200, 62-701.200, and 62-709.201, Florida Administrative Code, may be used to supplement the definitions adopted by the County in Section 2.00.00. He•,oweyeF, iIf any definition adopted by the County conflicts with a definition adopted by the Florida Department of Environmental Protection, the definition adopted by the County shall prevail when construing and applying the requirements in the Land Development Code and this Section 7.10.34. Notwithstanding the foregoing, if a court of competent jurisdiction determines that a definition adopted by the County in Section 2.00.00 is inconsistent with a definition in Section 403.703, Florida Statutes, the County's definition shall be modified as necessary to eliminate the inconsistency. 2. When used in this Section 7.10.34, the words "include" and "including" shall not be construed to be terms of limitation. References to included matters or items will be regarded as illustrative and will not be interpreted as a limitation on, or an exclusive listing of, the matters or items referred to. 16 Packet Pg. 353 9.A.2.j Section 5. CONFLICTING PROVISIONS. This Ordinance does not amend, and shall not be construed to amend, any provision in the St. Lucie County Land Development Code, except as otherwise expressly stated herein. However, if any special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, are in conflict with this Ordinance, they are hereby superseded by this Ordinance to the extent of such conflict. Section 6. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Section 7. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable only in the unincorporated areas of St. Lucie County. Section 8. CODIFICATION. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" may be changed to "Section' or other appropriate word. Section 9. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Section 10. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. Section 11. EXPIRATION OF ORDINANCE 16-006. When this Ordinance becomes effective, Ordinance 16-006 shall expire and have no further effect. If Ordinance 16-006 expired before the effective date of this Ordinance, Ordinance 16-006 shall continue to have no effect. Section 12. ADOPTION. After motion and second, the vote on this Ordinance was as follows: Commissioner Chris Dzadovsky, Chairman XXX Commissioner Tod Mowery, Vice Chairman XXX 17 Packet Pg. 354 9.A.2.j ATTEST: Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED this day of 12017. Deputy Clerk 18 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 355 9.A.2.k DRAFT —June 13, 2017 FOR DISCUSSION PURPOSES ONLY ORDINANCE 17-XXXX AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO AUTHORIZE COMMERCIAL COMPOSTING FACILITIES, SUBJECT TO CONDITIONS; AMENDING SECTION 2.00.00 (DEFINITIONS) BY PROVIDING NEW DEFINITIONS FOR COMMERCIAL COMPOSTING FACILITIES AND RELATED TERMS; AMENDING SECTION 3.01.03 (ZONING DISTRICTS) BY PROVIDING FOR COMMERCIAL COMPOSTING FACILITIES AS A CONDITIONAL USE IN THE AGRICULTURE-5 ZONING DISTRICT; AMENDING SECTION 7.10.00 (SUPPLEMENTAL STANDARDS) BY ADDING NEW SUPPLEMENTAL STANDARDS FOR COMMERCIAL COMPOSTING FACILITIES; PROVIDING FOR WAIVERS OF THE SUPPLEMENTAL STANDARDS FOR COMMERCIAL COMPOSTING FACILITIES; PROVIDING FOR THE EXHAUSTION OF ADMINISTRATIVE REMEDIES BEFORE SEEKING JUDICIAL REVIEW; PROVIDING FOR THE INTERPRETATION OF THE TERMS USED IN THE SUPPLEMENTAL STANDARDS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners ("Board") of St. Lucie County ("County'), Florida, has been working with its staff and professional consultants to prepare land development regulations that will govern the location and development of any Commercial Composting Facility that will process Biosolids (i.e., domestic wastewater residuals) or other organic wastes in the unincorporated areas of the County to produce Compost; and WHEREAS, the Board finds that the regulation of Commercial Composting Facilities is necessary and appropriate to guide the future use and development of the land in the unincorporated County, and to protect the health, safety, and welfare of the County's residents, businesses, and environmental resources; and WHEREAS, the Board has the responsibility and authority to determine the zoning districts and land use categories that are best suited for specific purposes; and WHEREAS, the Board has determined that Commercial Composting Facilities should be allowed only as a conditional use, and only within the Agriculture-5 (AG-5) zoning district, because Commercial Composting Facilities have the potential to cause significant adverse impacts on surrounding land uses and the environment; and WHEREAS, the Board has determined that it is appropriate to establish supplemental standards concerning the siting and operation of Commercial Composting Facilities, because supplemental Packet Pg. 356 9.A.2.k standards are needed to ensure that the potential adverse impacts of Commercial Composting Facilities will be reduced to acceptable levels; and WHEREAS, the Board has determined that the supplemental standards and other requirements in this Ordinance are needed to ensure that Commercial Composting Facilities will be compatible with adjacent and nearby land uses; and WHEREAS, the Board has determined that the supplemental standards and other requirements in this Ordinance are needed to protect water quality in the St. Lucie River Watershed from the adverse impacts caused by Commercial Composting Facilities; and WHEREAS, the Board is adopting the supplemental standards and other requirements in this Ordinance as part of a multi -phased effort to protect water quality in the St. Lucie River Watershed from further degradation, recognizing that the water quality in the St. Lucie River Watershed is critically important to the environmental and economic health of St. Lucie County; and WHEREAS, the Board has determined that the requirements in this Ordinance are necessary to protect the public health, safety, and welfare of the citizens of St. Lucie County, Florida, pursuant to Article Vill, Section 1(f) of the Florida Constitution and Section 125.01 of the Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. RECITALS ADOPTED. Each of the recitals set forth above is hereby adopted and incorporated herein. Section 2. AMENDMENTS TO CHAPTER II (DEFINITIONS) OF THE LAND DEVELOPMENT CODE. Chapter II (Definitions) of the St. Lucie County Land Development Code ("Code") is hereby amended by adding new definitions in Section 2.00.00 (Definitions) of the Code and revising the existing definition of "Yard Trash." The new definitions are underlined below. The revisions to the definition of "Yard Trash" also are highlighted with underlining. The new and revised definitions shall read as follows: CHAPTER II — DEFINITIONS 2.00.00. — DEFINITIONS them. When used in this Code, the following terms shall have the meanings herein ascribed to Appropriately Treat: For the purposes of Section 7.10.34 only, this term means to treat Leachate in a domestic or industrial wastewater treatment facility that has obtained or will obtain all of the permits and approvals from the Florida Department of Environmental Protection that are needed to receive and treat the Leachate. 2 Packet Pg. 357 9.A.2.k Backyard Composting: The Composting of organic Solid Waste, such as grass clippings leaves, or food waste, generated by the owner or occupant of a single or multi -family residential dwellinE unit. in cases where the Compostine occurs at that dwellinE unit. Biosolids: The solid, semisolid, or liquid residue generated during the treatment of domestic wastewater in a domestic wastewater treatment facility, formerly known as "domestic wastewater residuals" or "residuals," and includes products and treated material from Biosolids treatment facilities and septage management facilities regulated by the Florida Department of Environmental Protection. The term does not include the treated effluent or reclaimed water from a domestic wastewater treatment facility, solids removed from pump stations and lift stations, screenings and grit removed from the preliminary treatment components of domestic wastewater treatment facilities, or ash eenerated durine the incineration of Biosolids. Commercial Composting Facility: A facility that uses Composting techniques or technoloeies to process Biosolids or other organic wastes. and thereby produce Compost. pursuant to a commercial business or for -profit venture. Compost: Solid Waste which has undergone biological decomposition of organic matter, has been disinfected using Composting or similar technologies, and has been stabilized to a degree that is potentially beneficial to plant growth and that is used or sold for use as a soil amendment, artificial top soil, growing medium amendment or other similar uses. Composting: The process by which biological decomposition of organic Solid Waste is carried out under controlled aerobic conditions, and that stabilizes the organic fraction into a material which can easily and safely be stored, handled and used in an environmentally acceptable manner. The presence of anaerobic zones within the Composting material will not cause the process to be classified as other than Composting. Composting includes Processing. Enclosed Building: For the purposes of Section 7.10.34 only, this term means a building or structure that satisfies all of the criteria set forth in Section 7.10.34 of the Code concerning an Enclosed Building. Leachate: Any liquid that has come into contact with, passed through, or emerged from Biosolids, Yard Trash, Solid Waste, any other organic material used in Composting operations, partially treated Compost (e.g., material that is curing), or fully treated Compost, as more fully described in Section 7.10.34.D.4, below. Leachate includes all soluble, suspended, and miscible materials in the liquid. Lake Okeechobee Watershed: Lake Okeechobee, its tributaries, and the area within which surface water flow is directed or drains, naturally or by constructed works, to the lake or its tributaries. Manure: Solid Waste composed of excreta of animals, and residual materials that have been used for bedding, sanitary, or feeding purposes for such animals. 3 Packet Pg. 358 9.A.2.k Normal Farming Operations: This term shall have the meaning set forth in Section 7.10.34.13 of the Code. Nutrients: For the purposes of Section 7.10.34 only, this term shall mean N Total Kieldahl Nitrogen, Nitrite and Total Phosphorus. Objectionable Odor: Any odor present in the outdoor atmosphere which by itself or in combination with other odors, is or may be harmful or incurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life or property, or which creates a nuisance. Pathogens: Disease -carrying organisms, including certain bacteria, protozoa, viruses. viable helminth ova. and other oreanisms that cause disease. Processing: Any technique designed to change the physical, chemical, or biological character or composition of any Biosolids, Yard Trash, or Solid Waste used at a Commercial Composting Facility to produce Compost. Processing includes but is not limited to physical turning, windrowing, aeration, and other means of mechanically handling Biosolids, Yard Trash, Solid Waste, or other organic matter used to produce Compost. Solid Waste: Sludge unregulated under the federal Clean Water Act or Clean Air Act sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domesti industrial, commercial, mining, agricultural, or governmental operations. St. Lucie River Watershed: The St. Lucie River, its tributaries, its estuary, and the areas within St. Lucie County, Martin County, and Okeechobee County from which surface water flow is directed or drains, naturally or by constructed works, to the St. Lucie River, its tributaries, or its estuary. Yard Trash: Means vegetative matter resulting from landscaping maintenance and land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For purposes of Section 7.10.34 only, Yard Trash also includes clean wood. Section 3. AMENDMENT TO CHAPTER III (ZONING DISTRICTS) OF THE LAND DEVELOPMENT CODE. Chapter III (Zoning Districts) of the St. Lucie County Land Development Code is hereby amended by adding a new Section 3.01.03.C.7.p, which authorizes Commercial Composting Facilities in Agricultural-5 (AG-5) zoning districts as a Conditional Use, subject to conditions. The new text is underlined below. The Land Development Code, as amended, shall read as follows: CHAPTER III —ZONING DISTRICTS 4 Packet Pg. 359 9.A.2.k 3.00.00.—ZONING DISTRICTS Section 3.01.03. —Zoning Districts. C. AG-5 Agricultural-5. 7. Conditional Uses: p. Commercial Composting Facilities subject to the requirements of Section 7 in qa Section 4. AMENDMENTS TO CHAPTER VII (DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS) OF THE LAND DEVELOPMENT CODE. Chapter VII (Development Design and Improvement Standards) of the St. Lucie County Land Development Code is hereby amended by creating a new Section 7.10.34, which contains the Supplemental Standards that are applicable to Commercial Composting Facilities. All of the text in Section 7.10.34 is new, but it is not underlined in this Ordinance because the underlining would make the Ordinance more difficult to read. Although Section 7.10.34 is new, the other provisions in Chapter VII are not being amended or otherwise changed by this Ordinance. The Land Development Code, as amended, shall read as follows: CHAPTER VII — DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.00. — SUPPLEMENTAL STANDARDS 7.10.34 —COMMERCIAL COMPOSTING FACILITIES. A — Intent. The intent of this Section 7.10.34 is to establish the criteria for the location, permitting, and operation of Commercial Composting Facilities. B— Applicability. 5 Packet Pg. 360 9.A.2.k The provisions of this Section 7.10.34 shall be applicable to each Commercial Composting Facility that will be located in an unincorporated area of St. Lucie County. The construction and operation of a Commercial Composting Facility in an unincorporated area of St. Lucie County is prohibited, unless the construction and operation of the facility has been approved in compliance with the requirements in this Section 7.10.34 or is exempt from the requirements herein. The supplemental standards in this Section 7.10.34 apply to Commercial Composting Facilities that use Biosolids to produce Compost. For the purposes of this Section 7.10.34, Commercial Composting Facilities also include facilities that produce Compost with: Manure; the treated effluent or reclaimed water from a domestic wastewater treatment facility; solids removed from pump stations and lift stations; screenings and grit removed from the preliminary treatment components of domestic wastewater treatment facilities; ash generated during the incineration of Biosolids; septage; sludge from a food establishment or a grease trap interceptor; waste removed from portable toilets; waste removed from holding tanks associated with boats or marina facilities; garbage; or food waste. Facilities using one or more of these materials to produce Compost are prohibited in the unincorporated areas of St. Lucie County, unless the applicant for such facility demonstrates that the facility will comply with the requirements in this Section 7.10.34 or the applicant demonstrates that the facility is entitled to the County's approval pursuant to another section of the St. Lucie County Land Development Code. Notwithstanding anything else contained herein, the requirements in this Section 7.10.34 do not apply to: 1. Normal Farming Operations, which are defined as follows: (a) Composting or anaerobic digestion of Yard Trash, Solid Waste, and Manure generated on the farm, as part of agronomic, horticultural, or silvicultural operations, for use on the farm, as part of agronomic, horticultural, or silvicultural operations; or (b) Composting or anaerobic digestion of Yard Trash, Solid Waste, and Manure generated off the farm, for use on the farm, as part of agronomic, horticultural, or silvicultural operations. 2. Backyard Composting, including Composting that is conducted by an individual or family solely for their own farming or gardening activities on their own property. 3. A Composting facility that only uses Yard Trash and/or untreated wood to produce Compost. 4. A Commercial Composting Facility that has received all of the necessary permits, licenses, and other approvals needed to construct and operate the facility lawfully, if such permits, licenses, and other permits were issued before this Section 7.10.34 took effect. 0 Packet Pg. 361 9.A.2.k C—Zonine Districts where Commercial Compostine Facilities area I lowed. Commercial Composting Facilities may be approved as a Conditional Use in an Agriculture-5 (AG- 5) zoning district, subject to the requirements in this Section 7.10.34 and the other requirements applicable to the AG-5 zoning district. Commercial Composting Facilities are prohibited in other zoning districts. D — Suaalemental Standards for controllinE water aualitv imaacts from Commercial Corn FarilitiPt. In Section 373.4595(1)(d), Florida Statutes, the Florida Legislature "finds that it is imperative for the state, local governments, and agricultural and environmental communities to commit to restoring and protecting the surface water resources of the Lake Okeechobee watershed, the Caloosahatchee River watershed, and the St. Lucie River watershed, and that a watershed -based approach to address these issues must be developed and implemented immediately." The Legislature also found that phosphorus and "other pollutants are contributing to water quality problems in the Lake Okeechobee watershed, . . . and the St. Lucie River watershed." § 373.4595(1)(g), F.S. In Section 373.4595(4)(d), Florida Statutes, the Legislature required the adoption of a basin management action plan for the St. Lucie River Watershed. As part of the action plan, the Legislature prohibited the Florida Department of Environmental Protection from authorizing "the disposal of domestic wastewater biosolids within the St. Lucie River watershed unless the applicant can affirmatively demonstrate that the nutrients in the biosolids will not add to nutrient loadings in the watershed." § 373.4595(4)(d)5, F.S. A similar prohibition applies to the disposal of biosolids in the Lake Okeechobee Watershed. § 373.4595(3)(b)16, F.S. 2. Consistent with the Legislature's findings and mandates, the County wants to ensure that the operation of Commercial Composting Facilities in the unincorporated areas of the County will not cause or contribute to water quality problems in the St. Lucie River Watershed or the Lake Okeechobee Watershed. Accordingly, an applicant seeking a conditional use approval for a Commercial Composting Facility in the unincorporated areas of the County must demonstrate that the proposed activities at the Commercial Composting Facility will not cause a net increase in the Nutrient loadings or Pathogens in any surface water that drains into the St. Lucie River Watershed or the Lake Okeechobee Watershed. An applicant will be presumed to comply with the requirement in Section 7.10.34.D.2, above, if the applicant demonstrates that the applicant's proposed Commercial Composting Facility is designed to collect and Appropriately Treat all of the Leachate that will be generated at the proposed Commercial Composting Facility. 4. For the purposes of this Section 7.10.34, Leachate includes: (a) all of the stormwater that comes into contact with the Biosolids, Yard Trash, Solid Waste, and other organic material that the applicant will use to create Compost; (b) all of the liquid that emanates from the Biosolids, Yard Trash, Solid Waste, and other organic material that the applicant will use to create Compost; (c) all of the stormwater that comes into contact with, and all of the liquid that emanates from, the materials used to create Compost after the materials have been combined for Processing; and (d) all of the stormwater 7 Packet Pg. 362 9.A.2.k that comes into contact with, and all of the liquid that emanates from, partially treated Compost (e.g., Compost that is curing) and fully treated Compost (i.e., Compost that complies with the specifications for the Commercial Composting Facility's finished product). To comply with the requirement in Section 7.10.34.D.2, above: (a) all Composting activities must be conducted inside an Enclosed Building; (b) all raw materials used to create Compost (e.g., Biosolids, Yard Trash, etc.), all partially treated Compost, and all fully treated Compost must be stored inside an Enclosed Building; and (c) the Enclosed Building must be designed, constructed, and maintained to comply with the requirements in Section 7.10.34.D.6, below. For the purposes of complying with the water quality requirements in Section 7.10.34. D.2, above, an Enclosed Building means a building or structure that satisfies all of the following criteria: (a) The building must have a roof and four (4) walls, which fully enclose the interior of the building from the floor to the ceiling, except as otherwise provided herein. (b) The building must have an impervious floor made of concrete, asphalt, or equivalent material that will prevent Leachate from leaking into the soils and groundwater beneath the building. The impervious floor must have a permeability rate for Leachate that is 1 x 10-7 cm/sec or less. (c) The floor of the building must be sloped toward drains or sumps, which are sized and located to collect and remove any Leachate that is spilled, leaked, or discharged on the floor. (d) Drains, elevated speed bumps, or similar features must be installed at all doorways used to provide access into the building for vehicular traffic. These features must be designed and maintained to ensure that Leachate does not flow out of the building, via the doorways for vehicular traffic, and into the outside environment. (e) All of the building's doors, windows, and other similar openings to the outdoors must be designed and operated to: (1) minimize the potential for rainwater to enter the building; and (2) prevent the release of Leachate from the building to any outdoor area. An applicant must demonstrate that it will Appropriately Treat the Leachate collected inside the proposed Commercial Composting Facility. More specifically, the applicant must demonstrate that the applicant will pump or transport the Leachate to a domestic or industrial wastewater treatment facility that has received or will receive all of the necessary permits and approvals from the Florida Department of Environmental Protection to receive and treat the Leachate from the Commercial Composting Facility. The applicant also must provide the County with a letter from the owner or operator of the wastewater treatment facility, confirming that the wastewater treatment facility is M Packet Pg. 363 9.A.2.k willing and able to accept and treat the Leachate from the Commercial Composting Facility. An applicant must demonstrate that the stormwater management system for the proposed Commercial Composting Facility will comply with the following requirements: (a) If the applicant's stormwater management system will discharge to a waterbody that drains into the St. Lucie River Watershed or the Lake Okeechobee Watershed, the stormwater system must be designed to collect, treat, and retain the runoff generated by a one hundred (100) year, seventy-two (72) hour design storm, without discharging. (b) All retention and detention basins in the applicant's stormwater management system must be setback one hundred feet (100') from any waterbody that drains into the St. Lucie River Watershed or the Lake Okeechobee Watershed. (c) If the applicant's stormwater management system will not discharge into a waterbody that drains into the St. Lucie River Watershed or the Lake Okeechobee Watershed, the stormwater management system must comply with all of the applicable standards established by the Florida Department of Environmental Protection and the South Florida Water Management District for such systems. The applicant must provide a vegetated buffer (setback) between certain areas of the applicant's site and any waterbody that drains to the St. Lucie River Watershed or the Lake Okeechobee Watershed. The setback shall be two hundred feet (200') for all areas on the site where Biosolids are delivered, stored, or used to produce Compost, including areas where the partially treated Compost is cured. The setback shall be one hundred feet (100') for all areas where Yard Trash or other organic materials (except Biosolids) are delivered, stored, or used to produce Compost. The setback shall be one hundred feet (100') for all areas where the fully treated Compost is stored. 10. The applicant must demonstrate that the Commercial Composting Facility will be built at an elevation above the one hundred (100) year floodplain. This requirement applies to all buildings and areas used for Composting, including but not limited to buildings and areas used for receiving, storing, or Processing Biosolids, Yard Trash, Solid Waste, or other organic materials used to produce Compost, as well as areas used to store partially or fully treated Compost. E - Supplemental Standards for controlling Objectionable Odors from Commercial Composting Facilities. An applicant must demonstrate that its Commercial Composting Facility will not cause Objectionable Odors at or beyond the boundary (property line) of the applicant's site. An applicant will be presumed to comply with the requirement in Section 7.10.34.E.1., above, if the applicant demonstrates that: (a) all Composting operations will be conducted inside an Enclosed Building; (b) all Biosolids, Yard Trash, Solid Waste, and other organic materials used to produce Compost will be received, stored, and used inside an Enclosed Building; (c) all partially and fully treated Compost will be stored 0 Packet Pg. 364 9.A.2.k inside an Enclosed Building; and (d), in each instance, the Enclosed Building will be designed, constructed, and operated to collect and minimize the Objectionable Odors emitted from the Commercial Composting Facility. To comply with the odor control requirements in Section 7.10.34.E.1, above, an applicant must comply with the following criteria for an Enclosed Building, in addition to the criteria set forth in Section 7.10.34.D.6, above: (a) The applicant must demonstrate that the building will be designed, constructed, and operated to collect any Objectionable Odors that are generated inside the building. At a minimum, the design features and operating systems proposed by the applicant must be consistent with the best management practices used to collect Objectionable Odors in similar enclosed buildings. For example, the building should be equipped with a ventilation system designed to produce a negative air pressure inside the building. The negative air pressure should be maintained throughout the building at levels sufficient to prevent Objectionable Odors from leaving the inside of the building during normal operations. (b) The applicant must demonstrate that any Objectionable Odors generated in the building will be minimized before they are released to the outdoor environment. At a minimum, the design features and operating systems proposed by the applicant must be consistent with the best management practices used to neutralize or destroy Objectionable Odors from similar enclosed buildings. (1) The applicant should use an odor neutralization system to reduce Objectionable Odors inside the building. For example, the applicant should use misting systems that spray odor neutralizing compounds inside the building, and/or systems that generate and release ozone inside the building. (2) The Objectionable Odors inside the building should be treated with an activated carbon filter system or other air pollution control system that is designed and operated to minimize or eliminate the Objectionable Odors before the odors are discharged from the building to the atmosphere. (c) If the building has any doors or entranceways that are used to provide ingress and egress for vehicles, the doors must be equipped with high speed roll -up covers or equivalent mechanisms to minimize the potential for Objectionable Odors to leave the building. (d) The applicant must provide the County with an operations plan demonstrating that the doors used to provide vehicular access into the building, and other large openings into the building (e.g., openings for ventilation fans), will be closed to the greatest extent practicable. 10 Packet Pg. 365 9.A.2.k (1) All doors used to provide vehicular access into the building must be closed at all times, except when a vehicle is approaching the door to enter or exit the building. (2) All doors for vehicles must be closed at night, on weekends, and at other times that are outside of the Commercial Composting Facility's normal business hours. (3) All of the other large openings into the building, such as the openings for ventilation fans (if any), shall be closed when the vehicle doors are closed, unless such openings need to remain open at other times pursuant to the operating plan for controlling Objectionable Odors (e.g., if the openings need to remain open so that ventilation fans can be used to provide negative air pressure inside the building). 4. The applicant must provide buffers (setbacks) from its Commercial Composting Facility to reduce the potential for Objectionable Odors and airborne Pathogens to reach off - site areas. (a) A setback of three hundred feet (300') must be provided between the boundary (property line) of the applicant's site and any area on the site where the applicant receives, stores, or uses Biosolids, Yard Trash, other organic materials used to produce Compost, or partially or fully treated Compost. (b) A setback of one thousand three hundred twenty feet (1,320') must be provided between any on -site area where Biosolids will be delivered, stored, or used for Composting and the nearest building that is not owned by the applicant. This setback does not apply to buildings that are located on the applicant's site. This setback also does not apply to buildings constructed after the County issues a conditional use approval for the construction of the Commercial Composting Facility. Further, this setback may be reduced if a smaller setback has been accepted in writing by the person that owns the building. (c) A setback of one thousand three hundred and twenty feet (1,320') must be provided between the boundary (property line) of the applicant's site and the urban service boundary. F - Other Supplemental Standards for Commercial Composting Facilities. The applicant must prepare an operating plan for the proposed Commercial Composting Facility. The operating plan must demonstrate that the operation of the proposed Commercial Composting Facility will not adversely affect off -site residents, businesses, or land uses as a result of Objectionable Odors, Pathogens, dust, stormwater runoff, insects, vermin, other vectors, truck traffic, noise, or other adverse impacts caused by the operation of the Commercial Composting Facility. The operating plan must be submitted to and approved by the County before the conditional use will be approved. 11 Packet Pg. 366 9.A.2.k The operating plan must include a contingency plan, which describes the fire control and emergency operating measures that will be used at the Commercial Composting Facility. The contingency plan must describe the measures that will be followed during hurricanes, tropical storms, and other severe weather conditions to ensure that Biosolids, Yard Trash, Solid Waste, other organic materials used to produce Compost, partially and fully treated Compost, and Leachate will not be blown, discharged, or otherwise released into the environment as a result of the severe weather conditions. The contingency plan also must describe the measures that will be used to prevent fires from occurring on the site, as well as the measure that will be used to extinguish fires. Fire lanes shall be established and maintained on the site to ensure access can be provided in the event of a fire or other emergency. The fire lanes shall be at least fifteen feet (15') wide. The fire lanes shall be located between each windrow of partially or fully treated Compost, and between any stockpiles of Yard Trash, other materials used to create Compost, and Compost. None of these materials may be more than fifty feet (50') from a fire lane or other location where access is provided for motorized firefighting equipment. 4. The maximum height of any pile of Yard Trash, or partially or fully treated Compost, shall be fifteen feet (15'). Yard Trash and wood waste must be managed on a "first -in, first -out" basis. Such materials shall be used to produce Compost or removed from the site within sixty (60) days after the material is delivered to the site. All of the fully treated Compost shall be removed from the site within one hundred twenty (120) days after the Composting process is completed. All of the raw materials used to produce Compost (e.g., Biosolids; Yard Trash; etc.), all of the partially treated Compost, and all of the fully treated Compost shall be removed from the site within sixty (60) days after the applicant ceases operation of the Commercial Composting Facility. If the applicant's site is located within one thousand feet (1,000') of any zoning district that allows one or more residential dwelling units to be built on lots that are less than five (5) acres in size, the following criteria shall apply: (a) The business hours of the Commercial Composting Facility shall be limited to Monday through Friday, from 8:00 a.m. to 6:00 p.m. (b) The Commercial Composting Facility shall not accept deliveries of Biosolids, Yard Trash, or similar materials in trucks, and shall not transport Compost from the site in trucks, except during the days and hours of operation specified in Section 7.10.34.F.6(a), above. (c) Chipping and grinding of Yard Trash, land clearing debris, wood waste, or other similar materials shall not be conducted on the applicant's site, except during the days and hours of operation specified in Section 7.10.34.F.6(a), above. The applicant must demonstrate that it has the ability to obtain and maintain a performance bond, irrevocable letter of credit, or other form of financial surety (collectively, "Performance Bond") for the benefit of the County. Before the applicant commences construction of the Commercial Composting Facility, the applicant must 12 Packet Pg. 367 9.A.2.k provide a Performance Bond to the County to guarantee the applicant's performance in compliance with the County's Land Development Code and other applicable requirements. The form of the Performance Bond shall be subject to the County's prior approval. The amount of the Performance Bond must be large enough to ensure that the County will have sufficient funds available, if necessary, to remove all of the Biosolids, Yard Trash, Compost, and similar materials from the applicant's site if the applicant fails to perform in compliance with the County's Land Development Code and other applicable requirements. The applicant shall have an independent professional engineer prepare an estimate of the cost of having a third party remove the Biosolids and other materials from the applicant's site at a time when the Commercial Composting Facility is operating at its maximum design capacity. The County shall require the Performance Bond to be in the amount indicated in the following table, unless the applicant demonstrates to the County's satisfaction that a lesser amount is appropriate, based on the specific facts and circumstances of the applicant's project: Facility Capacity Performance Bond Amount <50 tons per day compost produced $200,000 bond 50 — 100 tons per day compost produced 100 — 250 tons per day compost produced 250 — 500 tons per day compost produced >500 tons per day compost produced $400,000 bond $1,000,000 bond $2,000,000 bond $4,000,000 minimum The County may increase or decrease the amount of the Performance Bond at the time of conditional use approval, based on the prevailing hauling, disposal, and treatment costs. The applicant must demonstrate that Biosolids, Yard Trash, Solid Waste, and other materials will not be tracked from the applicant's site onto local roads as a result of truck traffic. The applicant must install a wheel wash system, or a "Soil Tracking Prevention Device" designed in compliance with the requirements of the Florida Department of Transportation, or a similar system that will remove Biosolids, Yard Trash, Solid Waste, and other materials from the tires and undercarriage of the trucks leaving the site of the Commercial Composting Facility. The supplemental standards in this Section 7.10.34 establish the minimum requirements applicable to the applicant's proposed Commercial Composting Facility. In addition to the requirements in this Section 7.10.34, an applicant must demonstrate that the proposed Commercial Composting Facility will be located, designed, built, and operated in compliance with all of the other applicable County requirements, including but not limited to the requirements for landscaping, lighting, fire protection, and signage. Further, the County may impose additional requirements on the applicant's proposed facility, based on the specific features of the applicant's proposed site, facility, and operating plan. Such requirements may address the facility's adverse impacts on public health, safety, and welfare, including but not limited to the adverse impacts on public 13 Packet Pg. 368 9.A.2.k safety and highway maintenance caused by the truck traffic generated by the applicant's proposed facility. 10. The applicant's compliance with the requirements in this Section 7.10.34 does not eliminate the applicant's obligation to comply with other requirements applicable to the applicant's project pursuant to other local, state, or federal laws. The applicant will be required to demonstrate that all necessary permits and approvals for the construction of the proposed Commercial Composting Facility have been received by the applicant, before the applicant begins to construct the facility. Among other things, the applicant will need to demonstrate that the applicant has obtained all of the necessary permits and approvals required by the Fire Marshall, the local or state Department of Transportation, the local or state Department of Health, the Florida Department of Environmental Protection ("FDEP"), and the U.S. Environmental Protection Agency. 11. The County's representatives shall have the right to enter the applicant's site, after presenting their credentials or other form of identification, to determine whether the construction and operation of the Commercial Composting Facility complies with the County's requirements. The County's representatives shall have the right to collect and analyze samples of the environmental media (e.g., soil, air, water) on or adjacent to the applicant's site to determine whether the Commercial Composting Facility is operating in compliance with the County's standards. 12. The requirements in this Section 7.10.34 shall be enforced by using the County's code enforcement mechanisms, in addition to any other enforcement mechanisms or remedies authorized by local or state law. 13. After providing notice to the applicant and an opportunity to be heard, the County may revoke its conditional use approval for the Commercial Composting Facility if the County determines that the facility has not been built or is not being operated in compliance with (a) the information provided to the County in support of the applicant's request for a conditional use, (b) a requirement contained in this Section 7.10.34, (c) a requirement contained in the County's conditional approval for the applicant's facility, or (d) one of the other County requirements applicable to the Commercial Composting Facility. The County also may revoke its conditional use approval or take other appropriate enforcement action if the applicant operates the Commercial Composting Facility after one of the necessary local, state, or federal permits for the facility has been revoked. 14. The applicant shall provide the County with a copy of each report the applicant submits to the FDEP concerning the Commercial Composting Facility's compliance with the applicable FDEP standards. Each such report shall be delivered to the County within seven (7) days after the report is delivered to the FDEP. 15. The County shall have the right to retain engineers, consultants, and other independent technical experts, as the County deems necessary, to assist the County with its review of an application for a Commercial Composting Facility or an application for a waiver. In such cases, the County may charge a special fee for its review of the application. The amount of the special fee shall be equal to the estimated cost the County will incur for using the experts' services. The special fee must be paid to the County before the County conducts its review of the application. 14 Packet Pg. 369 9.A.2.k 16. If a Commercial Composting Facility fails to comply with the County's requirements in this Ordinance, the County may require the facility to reimburse the County for any monitoring conducted by the County to evaluate the environmental conditions on the facility's site. G — Waivers of Supplemental Standards. The County supports and encourages Composting, when the Composting is performed properly and does not pose a threat to the environment or the public welfare. The County recognizes that the state-of-the-art is evolving relatively rapidly with regard to Composting, odor controls, and related matters. Accordingly, the County will grant a waiver of a requirement in these Supplemental Standards in cases where the applicant demonstrates to the County's reasonable satisfaction that granting the waiver will not pose a threat to the environment or public welfare. 2. More specifically, a waiver shall be granted from a requirement in this Section 7.10.34 when a person subject to the requirement demonstrates that (a) the underlying purpose of the requirement has been or will be achieved by other means employed by the applicant and (b) the application of the requirement would create a substantial hardship for the applicant. For the purposes of Section 7.10.34.G.2, "the underlying purpose of the requirement" means the protection of the public health, safety, and welfare in the manner provided by the specific requirement from which the applicant is seeking relief. For example, a request for a waiver from a requirement in Section 7.10.34.D must demonstrate that "the proposed activities at the Commercial Composting Facility will not cause a net increase in the Nutrient loadings or Pathogens in any surface water that drains into the St. Lucie River Watershed or the Lake Okeechobee Watershed," even if the applicant does not comply with the specific requirement in Section 7.10.34.D from which the applicant seeks relief. A request for a waiver from a requirement in Section 7.10.34.E must demonstrate that the "Commercial Composting Facility will not cause Objectionable Odors at or beyond the boundary (property line) of the applicant's site," even if the applicant does not comply with the specific requirement in Section 7.10.34.E from which the applicant seeks relief. A similar demonstration would be required if an applicant requested a waiver from any of the other Supplemental Standards in Section 7.10.34.F, including but not limited to the Supplemental Standards in Section 7.10.34.F that are designed to address fires, noise, nuisances, and other adverse impacts caused by a Commercial Composting Facility. In all such cases, the applicant must demonstrate that the public health, safety, and welfare will be protected, even if the County grants a waiver from the specific requirement from which the applicant is seeking relief. Waivers will not be granted solely because the applicant will experience a hardship as a result of the requirement. 4. For the purposes of Section 7.10.34.G.2, "substantial hardship" means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the waiver, in a case where the hardship to the individual significantly outweighs the public benefit of enforcing the requirement. 15 Packet Pg. 370 9.A.2.k The general procedures for requesting and obtaining a waiver shall be the same as the general procedures in Sections 10.01.04 and 10.01.05 of the St. Lucie County Land Development Code for requesting and obtaining a variance, except that: (a) the application and supporting information submitted by the applicant shall address the issues set forth in Sections 7.10.34.G.2 and 7.10.34.G.3, above; (b) the standards for granting or denying a waiver shall be limited to the standards set forth in Section 7.10.34.G.2 and 7.10.34.G.3, above; and (c) the Board of County Commissioners shall have the exclusive authority to review and approve an application for a waiver. The Board of Adjustment will not review or approve an application for a waiver. H — Exhaustion of administrative remedies. An applicant must exhaust the administrative remedies provided in Section 7.10.34.G, above, before the applicant seeks judicial review of any County decision denying, in whole or in part, an application for a conditional use approval, which is based on the County's determination that the application did not comply with one or more of the requirements in Section 7.10.34 of the St. Lucie County Land Development Code. An applicant or property owner claiming that Section 7.10.34, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted the administrative remedies provided in Section 7.10.34. I — Interpretation of the definitions and terms used in these Supplemental Standards. The definitions in Section 2.00.00 of St. Lucie County's Land Development Code shall be used when construing and applying this Section 7.10.34. In addition, the definitions adopted by the Florida Department of Environmental Protection in Sections 62-640.200, 62-701.200, and 62-709.201, Florida Administrative Code, may be used to supplement the definitions adopted by the County in Section 2.00.00. If any definition adopted by the County conflicts with a definition adopted by the Florida Department of Environmental Protection, the definition adopted by the County shall prevail when construing and applying the requirements in the Land Development Code and this Section 7.10.34. Notwithstanding the foregoing, if a court of competent jurisdiction determines that a definition adopted by the County in Section 2.00.00 is inconsistent with a definition in Section 403.703, Florida Statutes, the County's definition shall be modified as necessary to eliminate the inconsistency. When used in this Section 7.10.34, the words "include" and "including" shall not be construed to be terms of limitation. References to included matters or items will be regarded as illustrative and will not be interpreted as a limitation on, or an exclusive listing of, the matters or items referred to. Section 5. CONFLICTING PROVISIONS. This Ordinance does not amend, and shall not be construed to amend, any provision in the St. Lucie County Land Development Code, except as otherwise expressly stated herein. However, if any special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, are in conflict with this Ordinance, they are hereby 16 Packet Pg. 371 9.A.2.k superseded by this Ordinance to the extent of such conflict. Cartinn F, CF\/FRARII ITV If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Section 7. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable only in the unincorporated areas of St. Lucie County. cartinn R rnnii:irAT1nr*J It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" may be changed to "Section' or other appropriate word. Section 9. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Section 10. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. Section 11. EXPIRATION OF ORDINANCE 16-006. When this Ordinance becomes effective, Ordinance 16-006 shall expire and have no further effect. If Ordinance 16-006 expired before the effective date of this Ordinance, Ordinance 16-006 shall continue to have no effect. Section 12. ADOPTION. After motion and second, the vote on this Ordinance was as follows: Commissioner Chris Dzadovsky, Chairman XXX Commissioner Tod Mowery, Vice Chairman XXX Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED this day of 12017. 17 Packet Pg. 372 9.A.2.k ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman HE: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 373 10.A.1 ITEM NO. RES-2017-140 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners DATE: 06/20/2017 *REGULAR AGENDA\ADMINISTRATION PRESENTED BY: Nicole Fogarty, Legislative Affairs Manager SUBMITTED BY: Administration SUBJECT: Resolution Of The St. Lucie County Board Of County Commissioners To Authorize Staff To Work Through The Treasure Coast Council Of Local Governments To Support And Promote Home Rule Authority. BACKGROUND: In 1968, Florida voters amended the Constitution of the State of Florida to confer broad home rule powers to counties and municipalities. Pursuant to the Constitution and Section 125.01, Florida Statutes, St. Lucie County is authorized to pass local ordinances and exercise all powers not specifically prohibited by law. This power is commonly referred to as home rule, and it is essential for the Board of County Commissioners for St. Lucie County ("Board") to be able to establish local rules and regulations that are in the best interest for the residents. During Florida's 2017 legislative session, there were a significant number of bills filed that threatened to preempt the home rule authority of local governments. While most of the referenced bills were unsuccessful, we should anticipate future legislation that proposes to curtail, restrict and/or preempt the Board's home rule authority. This Board has expressed a desire to work with our sister communities along the Treasure Coast to form a coalition to defend its home rule authority. Staff recommends this Board adopt the attached resolution and authorize St. Lucie County staff to work with the members of the Treasure Coast Council of Local Governments ("TCCLG"), a voluntary council created pursuant to Section 163.02, Florida Statutes, to support and defend the home rule authority of local governments. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached resolution to direct staff Packet Pg. 374 10.A.1 to work with the members of the Treasure Coast Council of Local Governments to promote and defend the home rule authority of local governments. COMMISSION ACTION: Coordination/Signatures Danie 5. McIntyre, C my ttorney 6/14/2017 H and Tipton, Count Administrato 6/14/2017 Updated: 6/14/2017 9:57 AM by Kelly Phelan B Page 2 Packet Pg. 375 10.A.1.a RESOLUTION NO.2017- A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO AUTHORIZE STAFF TO WORK THROUGH THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS TO SUPPORT AND PROMOTE HOME RULE AUTHORITY. WHEREAS, in 1968, Florida voters amended the Constitution of the State of Florida to confer broad powers to counties and municipalities, authorizing local officials to pass local ordinances and exercise all powers not specifically prohibited by law, otherwise known as "Home Rule"; and WHEREAS, local governments are instrumental in improving the quality of life of its citizens and uses Home Rule authority to provide vital public services such as parks and recreation, water, sewer, electricity, streets and public rights -of -way, drainage and storm water management, and police and fire protection that are used and counted on by citizens, businesses and visitors every day; and WHEREAS, Home Rule powers, both administrative and fiscal, allows local governments to develop and implement community -based solutions to local problems without state interference; and WHEREAS, there were a significant number of legislative bills filed in the 2017 State of Florida legislative session that proposed to preempt the Home Rule authority of local governments thereby preventing the ability of local governments to respond in a timely manner to matters of local importance; and WHEREAS, St. Lucie County anticipates future legislative attempts to curtail, restrict and/or preempt it from using its Home Rule authority; and WHEREAS, it is imperative and critical that decisions and legislation regarding local government services be left to the form of government closest to the citizens; and WHEREAS, St. Lucie County is a member of the Treasure Coast Council of Local Governments ("TCCLG") which was established in 1987 and incorporated in 2003 as a voluntary council pursuant to Section 163.02, Florida Statutes, for the purpose of studying and addressing area governmental problems as the TCCLG deems appropriate; and WHEREAS, St. Lucie County believes working together with the members of the Treasure Coast Council of Local Governments to support and promote its Home Rule authority is in the best interest of the County's residents, businesses and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS THAT: Section 1. The above "WHEREAS: clauses are true and correct, and hereby adopted as findings of this Board. Section 2. The Board of Commissioners authorizes its designated commissioner and Packet Pg. 376 RESOLUTION NO.2017- 10.A.1.a staff to work through the Treasure Coast Council of Local Governments to develop a strategy to support and promote the integrity of the Home Rule power of local governments. Section 3. A certified copy of this resolution shall be provided to Senator Joe Negron and Representatives Erin Grall, Gayle Harrell, Larry Lee Jr. and Cary Pigman. Section 4. This resolution shall take effect on adoption. The foregoing resolution was moved for adoption by , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Packet Pg. 377 10.B.1 ITEM NO. RES-2017-136 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 Solid Waste Preliminary Assessment Resolution DATE: 06/20/2017 *REGULAR AGENDA\COUNTY ATTORNEY Pursuant to Chapter 38, Code of Ordinances and Compiled Laws of St. Lucie County, the St. Lucie County Board of County Commissioners (the Board) has the authority to impose annual assessments for solid waste (garbage and recycling) collection, disposal and administrative services, facilities or programs against certain property within St. Lucie County. The Board initially levied recurring annual assessments on residential properties within the County Solid Waste Urban Service Area for the purpose of including solid waste fees on property tax bills on September 14, 2004. This method of collection is in lieu of the garbage hauler billing property owners directly for garbage and recycling services. The state statute authorizing collection of special assessments on the tax bill (section 197.3632, Fla. Stat.) requires notice to affected property owners and a public hearing in certain instances where the amount of the annual assessment is increased. The attached Solid Waste Preliminary Assessment Resolution initiates the process required to impose solid waste assessments for the fiscal year commencing October 1, 2017 at a rate of $256.56 per dwelling unit which represents an increase over the prior year, approves a maximum rate of $280.00 per dwelling unit for subsequent fiscal years, directs the County Administrator to prepare a preliminary assessment roll for said fiscal year to be collected on the 2017 property tax bill, and establishes a public hearing on the assessments to be held on September 5, 2017 at 6:00 p.m. or as soon thereafter as may be heard. The purpose for this action is to provide residential property owners and occupants proper, safe and cost effective disposal of residential waste and recyclable materials generated on such property. PREVIOUS ACTION: January 13, 2009 - The Board approved advertising the Request for Proposals for Residential Solid Waste Collection Services. May 12, 2009 - The Board awarded RFP No. 09-020 to Waste Pro of Florida, Inc. For an initial period of 5 yea rs. Packet Pg. 378 10.B.1 February 19, 2013 - The Board extended the contract through and including September 30, 2019. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board adopt the Solid Waste Preliminary Assessment Resolution and authorize the Chairman to sign the resolution. COMMISSION ACTION: Coordination/Signatures Danie S. McIntyre, co my ttorney 6/14/2017 Updated: 6/14/2017 9:30 AM by Stephanie Bush Page 2 Packet Pg. 379 10.B.1.a Attachment 'T' ST. LUCIE COUNTY, FLORIDA PRELIMINARY ASSESSMENT RESOLUTION SOLID WASTE ADOPTED: June 20, 2017 a+ a Packet Pg. 380 10.B.1.a TABLE OF CONTENTS Page SECTION 1. AUTHORITY................................................................................................. 1 SECTION 2. PURPOSE AND DEFINITIONS....................................................................... 1 SECTION 3. LEGISLATIVE DETERMINATIONS.................................................................. 7 SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES ................................ 9 SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS........................................................................................... 10 SECTION 6. ASSESSMENT ROLL.................................................................................... 10 SECTION 7. AUTHORIZATION OF PUBLIC HEARING ..................................................... 11 SECTION 8. NOTICE BY PUBLICATION.......................................................................... 11 SECTION 9. NOTICE BY MAIL........................................................................................ 11 SECTION 10. ADOPTION OF FINAL ASSESSMENT RESOLUTION ..................................... 12 SECTION 11. EFFECT OF FINAL ASSESSMENT RESOLUTION ........................................... 12 SECTION 12. ANNUAL ADOPTION PROCEDURES........................................................... 12 SECTION 13. LIEN OF SOLID WASTE SERVICE ASSESSMENTS ........................................ 13 SECTION 14. REVISIONS TO SOLID WASTE SERVICE ASSESSMENTS .............................. 14 SECTION 15. PROCEDURAL IRREGULARITIES................................................................. 14 SECTION 16. CORRECTION OF ERRORS AND OMISSIONS .............................................. 14 SECTION 17. EFFECTIVE DATE........................................................................................ 16 APPENDIX A. DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA........................................................................................... A-1 APPENDIX B. FORM OF NOTICE TO BE PUBLISHED................................................................... B-1 APPENDIX C. FORM OF NOTICE TO BE MAILED......................................................................... C-1 Packet Pg. 381 10.B.1.a RESOLUTION 17-XXX A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF RESIDENTIAL WASTE AND RECYCLABLE MATERIALS IN THE COUNTY SOLID WASTE URBAN SERVICE AREA OF ST. LUCIE COUNTY, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN ST. LUCIE COUNTY; DETERMINING THE SOLID WASTE COST AND THE PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Chapter 38, Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code, sections 125.01, 125.66, 197.3632, and 197.3635, Florida Statutes, and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the Preliminary Assessment Resolution. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. As used in this Preliminary Assessment Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires: "Annual Assessment Resolution" means the resolution adopted by the Board approving the Assessment Roll for each Fiscal Year. "Assessed Property" means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the Residential Waste and Recyclable Materials collection and disposal services, facilities or programs identified in the Preliminary Assessment Resolution. "Assessment Coordinator" means the County Administrator or designee thereof 00 0 responsible for coordinating the Solid Waste Assessments contemplated hereunder. E r r Q Packet Pg. 382 10.B.1.a "Assessment Roll" means the special assessment roll relating to a Solid Waste Service Assessment approved by the Final Assessment Resolution or any Annual Assessment Resolution. "Biological Waste" means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. "Biomedical Waste" means any solid waste or liquid waste that may present a threat of infection to humans. The term includes, but is not limited to, non -liquid human tissue and body parts; laboratory and veterinary waste that contain human -disease -causing agents; discarded disposable sharps; human blood and human blood products and body fluids; and other materials that in the opinion of the Department of Health represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. "Board" means the Board of County Commissioners of St. Lucie County, Florida. "Building" means any structure, whether temporary or permanent, built for the support, shelter or enclosure of Persons, chattel or property of any kind. "Bulk Items" means items that require special handling and management because of their volume, e.g., tires, Construction and Demolition Debris, White Goods, large household goods and furniture. "Bulk Items" must have been previously used by the customer at the Dwelling Unit for which Collection Service is provided. The term "Bulk Items" excludes Exempt Waste. "Collection Service" means Residential Waste Collection Service and Recyclable Material Collection Service. "Commercial Property" means all Improved Property other than Residential Property "Construction and Demolition Debris" means discarded materials generally considered :2 to be not water-soluble and nonhazardous in nature, including but not limited to steel, glass, U) brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from 9 C the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land -development operations for a a r construction project including such debris from construction of structures at a site remote from a the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause the resulting mixture to be classified as other than construction and demolition debris. The term also includes: 00 0 r a+ C 2 m L V a+ a+ a Packet Pg. 383 10.B.1.a 1. Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; 2. Except as provided in s. 403.707(9)(j), Florida Statutes, yard trash and unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition projects; 3. Scrap from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project. This includes debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities; and 4. De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. "County" means St. Lucie County, Florida, a political subdivision of the state established pursuant to s.1, Art. VIII of the State Constitution and, when s. 403.706(19), Florida Statutes, applies, means a special district or other entity. "County Administrator" means the chief executive officer of the County, or the designee or designees of the County Administrator. "County Solid Waste Urban Service Area" means that portion of the unincorporated area of the County described in Appendix A. "DOR Code" means a property use code established in Rule 12D-8.008, Florida Administrative Code, assigned by the Property Appraiser to Tax Parcels within the County. "Duplex" shall mean a Building that contains two Dwelling Units. "Dwelling Unit" shall mean a Building, or a portion thereof, lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. "Exempt Waste" means Biological Waste, Hazardous Waste, Sludge, automobiles, a r automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead acid batteries, used oil, any material for which there is no legally permitted disposal or storage facility within the County. However, tires on rims, rims, small boat and auto parts under 50 Ibs are not exempt. 00 0 r a+ C 3 m E a Packet Pg. 384 10.B.1.a "Final Assessment Resolution" means the resolution adopted in which Solid Waste Service Assessments are imposed which shall confirm, modify, or repeal the Preliminary Assessment Resolution and which shall be the final proceeding for the annual imposition of Solid Waste Service Assessments. The Final Assessment Resolution shall constitute an Annual Assessment Resolution for Fiscal Year 2017-18. "Fiscal Year" means that period beginning October 1st of each year and ending on September 30th of the subsequent year. "Fiscal Year 2017-18" means the Fiscal Year commencing October 1, 2017. "Garbage" means all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, vegetative, food or any organic waste that is attendant with, or results from the storage, preparation, cooking or handling of food material. "Hazardous Waste" means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. "Household Waste" means Garbage and Rubbish generated by a Dwelling Unit for which Collection Service is provided hereunder. The term "Household Waste" does not include Exempt Waste or Bulk Items. "Improved Property" means all property within the County on which a Building or other improvements including, but not limited to, facilities providing retail electrical service to such property have been placed or constructed, which improvements result in such property generating Residential Waste or being capable of generating Residential Waste. "Improvement Codes" mean the property use codes assigned by the Property Appraiser to Tax Parcels within the County. "Land Clearing Debris" means vegetative matter resulting from a comprehensive land clearing operation, but does not include Yard Trash. "Mobile Home" means manufactured homes, trailers, campers and recreational vehicles. "Multiple Single -Family Attached Units" means single-family dwelling units constructed 00 0 in a series, row, or group, including four units or more with common walls or separate walls 4 m E a Packet Pg. 385 10.B.1.a abutting each other, separated by a nominal space of not less than two inches, or which have an independent entrance. "Ordinance" means Chapter 38, Article V of the St. Lucie County Code, or its successor in function. "Owner" means the Person reflected as the owner of Assessed Property on the Tax Roll "Preliminary Assessment Resolution" means this Resolution which shall be the initial proceeding for the identification of the Solid Waste Cost for Fiscal Year 2017-18, for which Solid Waste Service Assessments shall be imposed and collected hereunder. "Property Appraiser" means the St. Lucie County Property Appraiser. "Recyclable Material" means those materials that are capable of being recycled and that would otherwise be processed or disposed of as solid waste. "Recyclable Material Collection Service" means the process whereby Recyclable Material is removed from a Dwelling Unit, processed and marketed by Contractor. "Residential Property" means a parcel of Improved Property on which a Single -Family Residence, Mobile Home, Duplex or Triplex is located; provided, however, that AResidential Property" does not include (A) property on which a Mobile Home is located that is classified as either "PUD," "HIRD," "RE-2", "CG," "CN," "CO," or "RVP" under the County's zoning regulation, or (B) a parcel of property on which more than one Single -Family Residence, Mobile Home, Duplex or Triplex is located; or (C) any Dwelling Unit located on a parcel of property that shares a common wall with one or more other Dwelling Units on other parcels of property not under common ownership. Residential property shall not include any County owned property. "Residential Waste" includes Household Waste, Yard Trash and Bulk Items. "Residential Waste Collection Service" means the process whereby Residential Waste is removed from a Dwelling Unit and transported to a Solid Waste Disposal Facility. "Rubbish" means all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweep -ups and all other accumulations of a nature other than Garbage, which are usual to housekeeping; also any bottles, cans or other containers not containing Garbage. "Single -Family Residence" shall mean a Building that contains a single Dwelling Unit. 00 0 r r C 5 E E r r Q Packet Pg. 386 10.B.1.a "Sludge" includes, the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. "Solid Waste Cost" means the amount necessary to fund the County's collection and disposal of Residential Waste and the recycling activities of Recyclable Materials that are allocable to Assessed Property during a Fiscal Year and shall include, but not be limited to: (A) the cost, whether direct or indirect, of all services, programs or facilities provided by the County, or through contractual arrangements with the County relating to Residential Waste and Recyclable Materials management, collection and disposal activities; (B) the cost of any indemnity or surety bonds and premiums for insurance; (C) the cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits; (D) the cost of computer services, data processing, and communications; (E) the cost of training, travel and per diem; (F) the recovery of unpaid or delinquent fees or charges advanced by the County and due for Residential Waste and Recyclable Materials management, collection, and disposal services, programs or facilities allocable to specific parcels; (G) the cost of engineering, financial, legal or other professional services; (H) all costs associated with the structure, implementation, collection, and enforcement of the Solid Waste Service Assessments or a prior year's assessment for a comparable service, facility or program, including any service charges of the Tax Collector or Property Appraiser, including costs of mailed and published notices, expenses incurred by the Tax Collector and Property Appraiser, and amounts necessary to offset any discount associated with early payment of ad valorem taxes and non -ad valorem assessments; (1) all other costs and expenses necessary or incidental to the acquisition, provision, or delivery of the services, programs or facilities funded by the Solid Waste Service Assessment, and such other expenses as may be necessary or incidental to any related financing authorized by the Board; (J) a reasonable amount for contingency and anticipated delinquencies and uncollectible Solid Waste Service Assessments; and (K) reimbursement to the County or any other Person for any monies advanced for any costs incurred by the County or such Person in connection with any of the foregoing items of Solid Waste Cost. "Solid Waste Disposal Facility" means any solid waste management facility that is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. "Solid Waste Service Assessment" means a special assessment lawfully imposed by the County against Assessed Property to fund all or any portion of the cost of the provision of a r Residential Waste and Recyclable Materials collection and disposal services, facilities, or programs providing a special benefit to property as a consequence of possessing a logical relationship to the value, use, or characteristics of the Assessed Property. 00 0 "Tax Collector" means the St. Lucie County Tax Collector. 6 m E a Packet Pg. 387 10.B.1.a "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Triplex" shall mean a Building that contains three Dwelling Units. "Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "White Goods" includes discarded air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. "Yard Trash" means vegetative matter resulting from yard landscaping maintenance and land clearing operations and includes associated rocks and soils. It is hereby ascertained, determined and declared that the Residential Waste Collection Service and Recyclable Material Collection Service provide a special benefit to the Assessed Property based upon the following legislative determinations: (A) Pursuant to Article VIII, section 1, Florida Constitution, and sections 125.01 and 125.66, Florida Statutes, the Board has all powers of local self-government to perform county functions and to render county services except when prohibited by law, and such power may be exercised by the enactment of legislation in the form of County ordinances and resolutions. (B) In addition to its powers of self-government, the Board is authorized by section 125.01(1)(r), Florida Statutes, to impose Solid Waste Service Assessments in all or a portion of the unincorporated area. Additionally, the Board derives authority to impose Solid Waste Service Assessments from the home rule power of counties in Article VIII, section 1(f), Florida Constitution, section 125.01, Florida Statutes, and specifically section 125.01(1)(r), Florida Statutes. (C) The Board imposes Solid Waste Service Assessments each year and collects such assessments pursuant to the tax bill collection method authorized by the Uniform Assessment Collection Act to fund costs incurred by the County in providing Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs in the County Solid Waste Urban Service Area. (D) This Resolution authorizes the reimposition of Solid Waste Service Assessments within the County Solid Waste Urban Service Area for Fiscal Year 2017-18 and each Fiscal Year 00 0 thereafter, based upon the assessment rates set forth herein. 7 m E a Packet Pg. 388 10.B.1.a (E) It is fair and reasonable to use the Improvement Codes and DOR Codes to apportion the Solid Waste Cost among parcels of Assessed Property located within the County Solid Waste Urban Service Area because: (1) the Tax Roll database employing the use of such property use codes is the most comprehensive, accurate, and reliable information readily available to determine the property use and number of Dwelling Units for Improved Property within the County Solid Waste Urban Service Area, and (2) the Tax Roll database is maintained by the Property Appraiser and is consistent with the coding of parcel designations on the Tax Roll which compatibility permits the development of an Assessment Roll in conformity with the requirements of the Uniform Assessment Collection Act. (F) Pursuant to section 403.706(1), Florida Statutes, the County has the general responsibility and authority to provide for the collection and transport of Residential Waste and Recyclable Materials generated within its unincorporated area to appropriate Solid Waste Disposal Facilities. (G) The existence of any Building or other improvement on Improved Property results in such property generating Residential Waste and Recyclable Materials or being capable of generating Residential Waste and Recyclable Materials. (H) Whether imposed throughout the entire County or a portion thereof, the imposition of a recurring annual Solid Waste Service Assessment is an alternative, equitable and efficient method to fairly and reasonably apportion and recover the Residential Waste and Recyclable Materials management, collection, and disposal costs experienced by the County among the parcels of Residential Property within the County Solid Waste Urban Service Area. (1) The size or value of Residential Property does not determine the scope and cost of Residential Waste and Recyclable Materials management, collection, and disposal services to be provided to such property. The use of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs are driven by the existence of a Dwelling Unit and the average occupant population. 0) Apportioning the Solid Waste Costs for Residential Waste collection and disposal services provided to Residential Property within the County Solid Waste Urban Service Area on a per Dwelling Unit basis is compatible with the use of the Tax Roll data base, is required to avoid cost inefficiency and unnecessary administration, and is a fair and reasonable method of apportioning the benefits conveyed by such services and the Solid Waste Costs incurred in providing the services. (K) The use of the uniform method of collection authorized in the Uniform Li Assessment Collection Act provides a mechanism to equitably and efficiently collect Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, 00 0 r a+ C 8 m L V a+ a+ a Packet Pg. 389 10.B.1.a and disposal service, facilities, and programs allocable to specific parcels of Assessed Property within the County Solid Waste Urban Service Area. (L) The annual Solid Waste Service Assessment to be imposed pursuant to this Resolution shall constitute non -ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. (M) The Solid Waste Service Assessment imposed pursuant to this Resolution is imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provision of the Uniform Assessment Collection Act and the Interlocal Agreement with the Property Appraiser shall be construed as ministerial. (N) Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs furnished by the County provide a special benefit and possess a logical relationship to the use and enjoyment of Residential Property by providing: (1) Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs to the Owners and occupants of Residential Property for proper, safe, and cost effective disposal of Residential Waste and Recyclable Materials generated on such property, (2) better service to Owners and tenants, (3) the enhancement of environmentally responsible use and enjoyment of Residential Property, and (4) the protection and possible enhancement of property values and the health and safety of the Owners and occupants of Residential Property resulting from the uniform delivery and availability of such services, facilities, and programs. (0) It is hereby ascertained, determined, and declared that each parcel of Assessed Property will be benefitted by the County's provision of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs in an amount not less than the Solid Waste Service Assessment upon such parcel computed in the manner set forth in this Preliminary Assessment Resolution. (A) Upon the imposition of Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal against Assessed Property located within the County Solid Waste Urban Service Area, the County shall cause Residential Waste and Recyclable Materials management, collection, and disposal services to be provided to such Assessed Property. Solid Waste Costs shall be paid from proceeds of the Solid Waste Service Assessments. (B) The provision of comprehensive Residential Waste and Recyclable Materials management, collection, and disposal services and programs furnished by or through the County 00 0 Solid Waste Urban Service Area to Residential Property enhances and strengthens the 9 m E a Packet Pg. 390 10.B.1.a relationship of such services and programs to the use and enjoyment of Residential Property within the County Solid Waste Urban Service Area. SECTION S. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS. (A) The Solid Waste Cost to be assessed and apportioned among benefitted parcels for Fiscal Year 2017-18 is approximately $4,977,264.00. The approval of this Preliminary Assessment Resolution determines the amount of the Solid Waste Cost. The remainder of such Fiscal Year 2017-18 budget for Residential Waste and Recyclable Materials services and facilities shall be funded from available County revenue other than Solid Waste Service Assessments. (B) For Fiscal Years in which Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs are imposed, the Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcels' classification as Residential Property and the number of Dwelling Units for such parcels. A rate of assessment equal to $256.56 for each Dwelling Unit for Residential Waste and Recyclable Materials management, collection, and disposal services is hereby approved for Fiscal Year 2017-18. Subject to the provisions of Section 12(B) hereof, the maximum rate of assessment that may be imposed for subsequent Fiscal Years without additional notice to owners of Assessed Property is $265.00 per dwelling unit. In addition to the Solid Waste Service Assessments for Residential Waste and Recyclable Materials for Fiscal Year 2017-18, the Solid Waste Cost due from any property for prior Fiscal Years which is delinquent and was not collected pursuant to the Uniform Assessment Collection Act shall be assessed against such Residential Property. (C) The rate of the Solid Waste Service Assessments established in this Preliminary Assessment Resolution shall be the rates applied by the Assessment Coordinator in the preparation of the Preliminary Assessment Roll for Fiscal Year 2017-18, as provided in Section 6 of this Preliminary Assessment Resolution. SECTION 6. ASSESSMENT ROLL. (A) The Assessment Coordinator is hereby directed to prepare, or cause to be prepared, a preliminary Assessment Roll for Fiscal Year 2017-18. Such preliminary Assessment Roll shall contain the following: (1) a summary description of all Assessed Property within the County Solid Waste Urban Service Area conforming to the description contained on the Tax Roll, a r (2) the name and address of the Owner of record of each parcel as shown on the Tax Roll, and (3) the amount of the preliminary Solid Waste Service Assessment for Residential Waste and Recyclable Materials management, collection, and disposal services. The preliminary Assessment Roll shall be open to public inspection. The foregoing shall not be construed to 00 0 require that the preliminary Assessment Roll be in printed form if the amount of the Solid Waste 10 E a Packet Pg. 391 10.B.1.a Service Assessment for each parcel of property can be determined by use of a computer terminal available to the public. Such Solid Waste Service Assessment for each parcel of Assessed Property shall be computed by multiplying the assessment rate by the number of Dwelling Units on such parcel. A separate Assessment Roll containing the above information shall also be prepared for any Residential Property that is delinquent in payments of the Solid Waste Cost for prior Fiscal Years. (B) It is hereby ascertained, determined, and declared that the foregoing method of determining the Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal services (1) is a fair and reasonable method of apportioning the Solid Waste Cost among parcels of Assessed Property and (2) is an equitable and efficient mechanism to address payment delinquencies and recover funds advanced for Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs which are allocable to specific parcels of Assessed Property. 14�X41[0Lr�eT1j9:N]:1M-11% 000Eel 21111.1414:1:0:11►Eel There is hereby established a public hearing to be held at 6:00 p.m. on September 5, 2017, in the County Commission Chambers, on the Third Floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of (A) receiving and considering any comments on the Solid Waste Service Assessments from affected property owners and (B) authorizing the imposition of such Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal and collection on the same bill as ad valorem taxes. SECTION 8. NOTICE BY PUBLICATION. The Assessment Coordinator shall publish a notice, as required by the Uniform Assessment Collection Act, in substantially the form attached hereto as Appendix B. Such notice shall be published at least twenty days prior to the public hearing established in Section 7 in a newspaper generally circulated in the County. SECTION 9. NOTICE BY MAIL. The Assessment Coordinator shall provide notice by first class mail to the Owner of each parcel of Assessed Property, including property assessed for a delinquency in the payment of the Solid Waste Cost for prior Fiscal Years, as required by the Uniform Assessment Collection Act, in substantially the form attached hereto as Appendix C. Such notices shall be mailed at least twenty days prior to the public hearing established in Section 7. 11 a Packet Pg. 392 10.B.1.a SECTION 10. ADOPTION OF FINAL ASSESSMENT RESOLUTION. (A) At the public hearing established by Section 7 hereof, or to which an adjournment or continuance may be taken by the Board, the Board shall receive any oral or written objections of interested Persons and may then, or at any subsequent meeting of the Board adopt the Final Assessment Resolution which shall: (1) Confirm, modify, or repeal this Preliminary Assessment Resolution with such amendments, if any, as may be deemed appropriate by the Board; (2) Confirm the rate of Assessment to be imposed in Fiscal Year 2017-18; (3) Confirm the maximum assessment rate that may be imposed in subsequent Fiscal Years without additional notice to the owners of Assessed Property; (4) Approve the initial Assessment Roll, with such amendments as it deems just and right; and (5) Determine the method of collection. (B) The adoption of the Final Assessment Resolution by the Board shall constitute a legislative determination that all parcels assessed derive a special benefit from the Residential Waste Collection Service and Recyclable Material Collection Service and a legislative determination that the special benefits conveyed by such services and the Solid Waste Cost are fairly and reasonably apportioned among the properties that receive the special benefit. All written objections to the Final Assessment Resolution shall be filed with the Assessment Coordinator at or before the time or adjourned time of such hearing. SECTION 11. EFFECT OF FINAL ASSESSMENT RESOLUTION. The Solid Waste Service Assessments for Fiscal Year 2017-18 shall be established upon adoption of the Final Assessment Resolution. As provided in Section 38-157 of the Ordinance, adoption of the Final Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the establishment or increase of a maximum assessment rate, the Assessment Roll, and the levy and lien of the Solid Waste Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 30 days from the date of the Board's adoption of the Final Assessment Resolution. The initial Assessment Roll, as approved by the Final Assessment Resolution, shall be delivered to the Tax Collector, as required by the Uniform Assessment Collection Act. SECTION 12. ANNUAL ADOPTION PROCEDURES. (A) Annually, during the budget adoption process, the Board shall adopt an Annual Assessment Resolution to approve the Assessment Roll for the subsequent Fiscal Year, unless the m Board makes a determination that a Solid Waste Service Assessment shall not be collected for o r c 12 E a Packet Pg. 393 10.B.1.a the subsequent Fiscal Year. At its option, the Board may adopt an initial or preliminary assessment resolution prior to considering the Annual Assessment Resolution which identifies the Solid Waste Service Cost and rate of assessment for the forthcoming Fiscal Year and directs the provision of notices if the circumstances in subsection (B) below so require. Failure to adopt an Annual Assessment Resolution during the budget process may be cured at any time. (B) In the event (1) the proposed Solid Waste Service Assessment for any Fiscal Year exceeds the maximum rate of assessment listed in the notices previously provided to the Owners of Assessed Property pursuant to Sections 8 and 9 hereof, (2) the purpose for which the assessment is imposed or the use of the revenue from the Solid Waste Service Assessment is substantially changed from that represented by notice previously provided to the Owners of Assessed Property pursuant to Sections 8 and 9 hereof, (3) the method of apportionment is revised or altered resulting in an increased Solid Waste Service Assessment from that represented by notice previously provided to the Owners of Assessed Property pursuant to Sections 8 and 9 hereof, or (4) an Assessment Roll contains Assessed Property that was not included on the Assessment Roll approved for the prior Fiscal Year and the Owner of such property has not provided written consent for imposition of the Solid Waste Service Assessment, notice shall be provided by publication and first class mail to the Owners of such Assessed Property as provided by law. Such notice shall substantially conform with the notice requirements set forth in Sections 8 and 9 hereof and inform the Owner of the date, time, and place for the adoption of the Annual Assessment Resolution. The failure of the Owner to receive such notice due to mistake or inadvertence, shall not affect the validity of the Assessment Roll nor release or discharge any obligation for payment of a Solid Waste Service Assessment imposed by the Board pursuant to the Ordinance and this Resolution. (C) As to any Assessed Property not included on an Assessment Roll approved by the adoption of the Final Assessment Resolution or a prior year's Annual Assessment Resolution, the adoption of the succeeding Annual Assessment Resolution shall be the final adjudication of the issues presented as to such Assessed Property (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the establishment or increase of a maximum assessment rate, the Assessment Roll, and the levy and lien of the Solid Waste Assessments), as provided in Section 38-157 of the Ordinance, unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 30 days from the date of the Board action on the Annual Assessment Resolution. Nothing contained herein shall be construed or interpreted to affect the finality of any Solid Waste Service Assessment not challenged within the required 30-day period for those Solid Waste Service Assessments previously imposed against Assessed Property by the inclusion of the Assessed Property on an Assessment Roll approved in the Final Assessment Resolution or any subsequent Annual Assessment Resolution. (D) The Assessment Roll, as approved by the Annual Assessment Resolution, shall be ii delivered to the Tax Collector as required by the Uniform Assessment Collection Act. 00 0 r a+ C 13 E a Packet Pg. 394 10.B.1.a SECTION 13. LIEN OF SOLID WASTE SERVICE ASSESSMENTS. Upon the adoption of the Assessment Roll, all Solid Waste Service Assessments shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, City, district, or municipal taxes and special assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and claims, until paid. The lien for a Solid Waste Service Assessment shall be deemed perfected upon the Board's adoption of the Final Assessment Resolution or the Annual Assessment Resolution, whichever is applicable. The lien for a Solid Waste Service Assessment collected under the Uniform Assessment Collection Act shall attach to the property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes imposed under the Tax Roll. SECTION 14. REVISIONS TO SOLID WASTE SERVICE ASSESSMENTS. If any Solid Waste Service Assessment made under the provisions of this Preliminary Assessment Resolution is either in whole or in part annulled, vacated, or set aside by the judgment of any court, or if the Board is satisfied that any such Solid Waste Service Assessment is so irregular or defective that the same cannot be enforced or collected, or if the Board has failed to include or omitted any property on the Assessment Roll which property should have been so included, the Board may take all necessary steps to impose a new Solid Waste Service Assessment against any property benefited by the Solid Waste Cost and in case such second Solid Waste Service Assessment is annulled, vacated, or set aside, the Board may obtain and impose other Solid Waste Service Assessments until a valid Solid Waste Service Assessment is imposed. SECTION 15. PROCEDURAL IRREGULARITIES. Any informality or irregularity in the proceedings in connection with the levy of any Solid Waste Service Assessment under the provisions of this Resolution shall not affect the validity of the same after the approval thereof, and any Solid Waste Service Assessment as finally approved shall be competent and sufficient evidence that such Solid Waste Service Assessment was duly levied, that the Solid Waste Service Assessment was duly made and adopted, and that all other proceedings applicable to such Solid Waste Service Assessment were duly had, taken, and performed as required by this Resolution; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. SECTION 16. CORRECTION OF ERRORS AND OMISSIONS. (A) No act of error or omission on the part of the Board, County Staff, Property il a Appraiser, Tax Collector or their deputies or employees, shall operate to release or discharge any L obligation for payment of a Solid Waste Service Assessment imposed by the Board under the o provision of this Resolution. f° (B) When it shall appear that any Solid Waste Service Assessment should have been c imposed under this Resolution against a parcel of property specially benefited by the provision 14 E a Packet Pg. 395 10.B.1.a of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs, but that such property was omitted from the Assessment Roll; or such property was erroneously assessed; or was not listed on the Tax Roll as an individual parcel of property as of the effective date of the Assessment Roll approved by the Annual Assessment Resolution for any upcoming Fiscal Year, the Board may, upon provision of a notice by mail provided to the Owner of the omitted or erroneously assessed parcel in the manner and form provided in Section 9, impose the applicable Solid Waste Service Assessment for the Fiscal Year in which such error or omission is discovered, in addition to the applicable Solid Waste Service Assessment due for the prior Fiscal Years. Such Solid Waste Service Assessment shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments, and superior in rank and dignity to all other prior liens, mortgages, titles, and claims in and to or against the real property involved, shall be collected pursuant to the Uniform Assessment Collection Act and shall be deemed perfected on the date of adoption of the resolution imposing the omitted, delinquent, or corrected Assessments. (C) Prior to the delivery of the Assessment Roll to the Tax Collector in accordance with the Uniform Assessment Collection Act, the Assessment Coordinator shall have the authority at any time, upon his or her own initiative or in response to a timely filed petition from the Owner of any property subject to a Solid Waste Service Assessment, based upon presentation of competent and substantial evidence by the owner of Assessed Property or otherwise, to correct any error in applying the Solid Waste Service Assessment apportionment method to any particular parcel of property not otherwise requiring the provision of notice pursuant to the Uniform Assessment Collection Act. Any such correction shall be considered valid ab initio and shall in no way affect the enforcement of the Solid Waste Service Assessment imposed under the provisions of this Resolution. All requests from affected property Owners for any such changes, modifications or corrections shall be referred to, and processed by, the Assessment Coordinator and not the Property Appraiser or Tax Collector. (D) After the Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications, or corrections thereto shall be made in accordance with the procedures applicable to correcting errors and insolvencies on the Tax Roll upon timely written request and direction of the Assessment Coordinator. [Remainder of Page Intentionally Left Blank] F167 a+ a Packet Pg. 396 10.B.1.a SECTION 17. EFFECTIVE DATE. This Preliminary Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 20th day of June, 2017. (SEAL) ATTEST: By: Deputy Clerk Mel BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED FOR FORM AND CORRECTNESS: By: County Attorney Packet Pg. 397 10.B.1.a APPENDIX A DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA The County Solid Waste Urban Service Area is described as that portion of the unincorporated area of St. Lucie 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 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. FTWI a+ a Packet Pg. 398 10.B.1.a APPENDIX B FORM OF NOTICE TO BE PUBLISHED To be published at least twenty days prior to the public hearing established in Section 7. NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS [INSERT MAP OF COUNTY SOLID WASTE URBAN SERVICE AREA] St. Lucie County, Florida (the "County") imposes special assessments, sometimes referred to as non -ad valorem assessments, against certain improved residential properties located within the County Solid Waste Urban Service Area depicted above to fund the annual costs of providing residential garbage, recycling and yard waste collection and disposal services (the "Solid Waste Assessments"). Notice is hereby given that the Board of County Commissioners of the County (the "Board") will conduct a public hearing to consider imposing Solid Waste Assessments to fund the cost of such services and facilities for the fiscal year commencing October 1, 2017 ("Fiscal Year 2017-18") and each fiscal year thereafter, and to authorize collection of such assessments on the annual property tax bill. The Solid Waste Assessment is an annual assessment which will continue from year to year. The hearing will be held in the County Commission Chambers at 6:00 p.m. on September 5, 2017, or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the Third Floor in the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed Solid Waste Assessments. All affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 days of this notice. If a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact George Landry, Safety and Risk Manager at (772) 462-1546 or TDD (772) 462-1428, at least seven days prior to the date of the hearing. The Solid Waste Assessment for each parcel will be computed by multiplying the number of dwelling units on the parcel by the rate of assessment. The rate of assessment for Fiscal Year a- r 2017-18 shall be $256.56 per dwelling unit. The maximum rate of assessment that can be a charged in future fiscal years without additional notice is $265.00 per dwelling unit. Copies of the assessment roll showing the amount of the Solid Waste Assessments to be imposed against each parcel of property, and the legal documentation relating to the assessments are available 00 0 r r C B-1 E r r Q Packet Pg. 399 10.B.1.a for inspection at the office of the County's MSBU Coordinator located on the Second Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. The Solid Waste Assessments will be collected by the St. Lucie County Tax Collector on the ad valorem tax bill mailed each November, including November 2017, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If you have any questions, please contact the County at (772) 462-1631, Monday through Friday between 8:00 a.m. and 5:00 p.m. Howard N. Tipton County Administrator a Packet Pg. 400 10.B.1.a APPENDIX C-1 AND C-2 FORM OF NOTICE TO BE MAILED APPENDIX C-1 ******NOTICE TO PROPERTY OWNER****** To be mailed at least twenty days prior to the public hearing established in Section 7. ST. LUCIE COUNTY, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM ASSESSMENTS St. Lucie County 2300 Virginia Avenue NOTICE DATE: August _, 2017 Owner Tax Parcel # Address Legal Description: City, State, Zip St. Lucie County, Florida (the "County") imposes special assessments, sometimes referred to as non -ad valorem assessments, against certain improved residential properties to fund the annual costs of providing residential garbage, recycling and yard waste collection and disposal services (the "Solid Waste Assessments"). Notice is hereby given that the Board of County Commissioners of the County (the "Board") will conduct a public hearing to consider imposing Solid Waste Assessments to fund the cost of such services and facilities for the fiscal year commencing October 1, 2017 ("Fiscal Year 2017-18") and each fiscal year thereafter, and to authorize collection of such assessments on the annual property tax bill. The Solid Waste Assessment is an annual assessment which will continue from year to year. The hearing will be held in the County Commission Chambers at 6:00 p.m. on September 5, 2017, or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the Third Floor in the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed Solid Waste Assessments. All affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 days of this notice. If a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact George Landry, Safety and Risk C-1 a Packet Pg. 401 10.B.1.a Manager at (772) 462-1546 or TDD (772) 462-1428, at least seven days prior to the date of the hearing. The Solid Waste Assessment for each parcel will be computed by multiplying the number of dwelling units on the parcel by the rate of assessment. The rate of assessment for Fiscal Year 2017-18 shall be $256.56 per dwelling unit. The total revenue the County expects to collect through the Solid Waste Assessment for Fiscal Year 2017-18 is $4,977,264.00. The following is a summary of the Solid Waste Assessment being imposed on the above parcel for Fiscal Year 2017-18. The total number of residential dwelling units on the above parcel is dwelling units. The annual Solid Waste Assessment for Fiscal Year 2017-18: $ The maximum rate of assessment that can be charged in future fiscal years without additional mailed notice is $265.00 per dwelling unit. Copies of the assessment roll showing the amount of the Solid Waste Assessments to be imposed against each parcel of property, and the legal documentation relating to the assessments are available for inspection at the office of the County's MSBU Coordinator located on the Second Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. The Solid Waste Assessments will be collected by the St. Lucie County Tax Collector on the ad valorem tax bill mailed each November, including November 2017, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions, please contact the County at (772) 462-5112, Monday through Friday between 8:00 a.m. and 5:00 p.m. ***** DO NOT SEND MONEY NOW. THIS IS NOT A TAX BILL***** APPENDIX C-2 C-1-2 Packet Pg. 402 10.B.1.a * * * * * NOTICE TO PROPERTY OWNER * * * * * To be mailed at least twenty days prior to the public hearing established in Section 7. ST. LUCIE COUNTY 2300 Virginia Avenue Ft. Pierce, Florida 34982 Owner Address City, State Zip ST. LUCIE COUNTY, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 12017 NOTICE OF SOLID WASTE ASSESSMENT FOR FISCAL YEAR 2017-18 AND "UNCOLLECTED" SOLID WASTE ASSESSMENT DUE FOR FISCAL YEAR 2016-17 (OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2017). St. Lucie County, Florida (the "County") imposes special assessments, sometimes referred to as non -ad valorem assessments, against certain improved residential properties to fund the annual costs of providing residential garbage, recycling and yard waste collection and disposal services (the "Solid Waste Assessments"). Notice is hereby given that the Board of County Commissioners of the County (the "Board") will conduct a public hearing to consider imposing Solid Waste Assessments to fund the cost of such services and facilities for the fiscal year commencing October 1, 2017 ("Fiscal Year 2017-18") and each fiscal year thereafter, and to authorize collection of such assessments on the annual property tax bill. The Solid Waste Assessment is an annual assessment which will continue from year to year. The hearing will be held in the County Commission Chambers at 6:00 p.m. on September 5, 2017, or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the Third Floor in the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed Solid Waste Assessments. All affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 days of this notice. If a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact George Landry, Safety and Risk Manager at (772) 462-1546 or TDD (772) 462-1428, at least seven days prior to the date of the hearing. C-2-2 Packet Pg. 403 10.B.1.a The Solid Waste Assessment for each parcel will be computed by multiplying the number of dwelling units on the parcel by the rate of assessment. The rate of assessment for Fiscal Year 2017-18 shall be $256.56 per dwelling unit. The total revenue the County expects to collect through the Solid Waste Assessment for Fiscal Year 2017-18 is $4,977,264.00. The following is a summary of the Solid Waste Assessment being imposed on the above parcel for Fiscal Year 2017-18. The total number of residential dwelling units on the above parcel is dwelling units. The annual Solid Waste Assessment for Fiscal Year 2017-18: $ The uncollected Solid Waste Assessment for prior fiscal year: $ Total to be collected on November 2017 tax bill: $ The maximum rate of assessment that can be charged in future fiscal years without additional mailed notice is $265.00 per dwelling unit. Please note that the amount to be collected for the above parcel includes the Solid Waste Assessment which was erroneously or inadvertently not collected for the above parcel for the prior fiscal year which began October 1, 2016. This amount is in addition to the Solid Waste Assessment for Fiscal Year 2017-18. Copies of the assessment roll showing the amount of the Solid Waste Assessments to be imposed against each parcel of property, and the legal documentation relating to the assessments are available for inspection at the office of the County's MSBU Coordinator located on the Second Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. The Solid Waste Assessments will be collected by the St. Lucie County Tax Collector on the ad valorem tax bill mailed each November, including November 2017, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions, please contact the County at (772) 462-5112, Monday through Friday between 8:00 a.m. and 5:00 p.m. *****DO NOT SEND MONEY NOW. THIS IS NOT A TAX BILL***** C-2-2 Packet Pg. 404