HomeMy WebLinkAboutAgenda Packet 03.01.2016T. ®lI
COUNTY
F LORI D A
BOARD OF COUNTY COMMISSIONERS
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, March 1, 2016
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. 5, Chairman
KIM JOHNSON
District No. 1, Vice -Chairman
CHRIS DZADOVSKY
District No. 2
TOD MOWERY
District No. 3
PAULA A. LEWIS
District No. 4
FRANNIE HUTCHINSON
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
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Regular Meeting Tuesday, March 1, 2016 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 may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on a third
Tuesday at 9:00 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 Chairman 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.
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
Chairman 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 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 allocated at the beginning of each meeting for the general public comment. Please limit comments to
three minutes.
DECORUM — Please be respectful of others' opinions.
MEETINGS — All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday
at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission
Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional
workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops.
Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to
attend this meeting should contact the Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48)
hours prior to the meeting.
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Regular Meeting Tuesday, March 1, 2016 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, February 09, 2016
B. Board of County Commissioners minutes for the meeting of Tuesday, February 16, 2016
5. PROCLAMATIONS APPROVAL
A. Resolution - Adoption of a resolution proclaiming April 2, 2016 as "Children's Day" and April 3,
2016 as "Parents' and Children's Day" in St. Lucie County, Florida.
B. Resolution - Proclaiming the month of March 2016 as "Believing in Girls Month" in St. Lucie
County, Florida.
C. Resolution - Proclaiming March 14-18, 2016 as "Flood Safety Awareness Week" in St. Lucie
County, Florida.
6. PUBLIC COMMENT (excluding Public Hearing items)
7. PRESENTATIONS
1. Support Alliance for Emergency Resiliency - Bob Worcester, Education and Disaster Specialist
8. CONSENT AGENDA
A. WARRANTS
1. Warrant Lists 19 & 20
B. ADMINISTRATION
There are no items scheduled.
C. COUNTY ATTORNEY
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Regular Meeting Tuesday, March 1, 2016 6:00 PM
1. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense
Fund
Staff recommends that the Board authorize payment of the attached invoice from the
special fund the Board created pertaining to All Aboard Florida (AAF).
2. Resolution - Amendment to Solid Waste Rate Resolution - Item "B"
Staff recommends that the Board approve the Resolution and authorize the Chairman to
sign the Resolution.
3. Resolution - Warranty Deed of Donation for 15-feet of right-of-way on Cortez Boulevard
Staff recommends that the Board accept the Warranty Deed of Donation from Cortez
Townhomes II, L.L.C., authorize the Chairman to sign the Resolution and direct staff to
record the documents in the Public Records of St. Lucie County, Florida.
4. Florida Department of Transportation Midway Road Project from west of South 25th
Street to east of U.S. 1 - County property portion of Parcel ID 3405-411-0003-000-5 -
License Agreement and Resolution
Staff recommends the Board authorize the Chairman to execute the License Agreement
and Resolution and authorize staff to record the documents in the Public Records of St.
Lucie County.
5. Disposal of Abandoned/Derelict Aircraft -Authorize Sale of Derelict/Abandoned 1976
Cessna 402B and 1981 Cessna 402C
Staff recommends that the Board authorize the sale of the abandoned/derelict aircraft,
1976 Cessna 402B (Serial Number 40213-1090 and Registration Number N567JS) and
1981 Cessna 402C (Serial Number 402C-0496 and Registration Number N78FC) pursuant
to Section 705.183, Florida Statutes.
D. COMMUNITY SERVICES
There are no items scheduled.
E. COURT ADMINISTRATION
There are no items scheduled.
F. ENVIRONMENTAL RESOURCES
There are no items scheduled.
G. HUMAN RESOURCES
There are no items scheduled.
H. INFORMATION TECHNOLOGY
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Regular Meeting Tuesday, March 1, 2016 6:00 PM
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. Marchin' It to Our FURever Homes
Staff recommends Board approval to waive the facility rental fee of $159.75 as outlined
in this agenda memorandum and authorization for the Chairman to sign documents as
approved by the County Attorney.
L. PLANNING & DEVELOPMENT SERVICES
1. Acceptance of Florida Department of Transportation (FDOT) Joint Participation
Agreement (JPA) for the Rehab of Taxiway E South of Runway 14/32 at the St. Lucie
County International Airport
Staff recommends Board approval of Resolution accepting the attached FDOT JPA for
the Rehab Taxiway E South of Runway 14/32 at the St. Lucie County International
Airport, and authorization for the Chair to sign documents as approved by the County
Attorney.
M. PUBLIC SAFETY
There are no items scheduled.
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1. Resolution - Parkland MSBU Budget Resolution
Staff recommends Board adoption of the attached resolution amending Budget
Resolution No. 2015-222 to correct the fund number for the Parkland MSBU.
O. SHERIFF'S OFFICE
There are no items scheduled.
There are no items scheduled.
Q. SUPERVISOR OF ELECTIONS
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Regular Meeting Tuesday, March 1, 2016 6:00 PM
There are no items scheduled.
R. TRANSPORTATION PLANNING ORGANIZATION
There are no items scheduled.
S. UTILITIES
There are no items scheduled.
9. PUBLIC HEARINGS
A. COUNTY ATTORNEY
1. Ordinance - Amending Section 7.09.05 of the St. Lucie County Land Development Code
affecting the removal of exotic vegetation in St. Lucie County, Florida. (2nd Public
Hearing)
Staff recommends the Board of County Commissioners adopt the proposed ordinance as
drafted.
10. REGULAR AGENDA
There are no items scheduled.
11. ANNOUNCEMENTS
A. The 51st Annual St. Lucie County Fair will take place February 26, 2016 - March 6, 2016 at the
St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit:
www.stluciecountyfair.org.
B. The New York Mets kick off their Spring Training Season at Tradition Field in Port St. Lucie on
Friday, March 4, 2016 vs. Miami Marlins at 1:10 p.m. Home games run through March 30, 2016
with games vs. the Miami Marlins, New York Yankees, St. Louis Cardinals, Houston Astros,
Detroit Tigers and others. For tickets call (772) 871-2115 or visit www.traditionfield.com
C. The Board of County Commissioners will hold an Informal Board meeting on March 8, 2016 at 9
a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia
Avenue, Fort Pierce, FL.
D. The Board of County Commissioners will hold a Regular Board meeting on March 15, 2016 at 9
a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
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Regular Meeting Tuesday, March 1, 2016 6:00 PM
E. The Board of County Commissioners will hold a Regular Board meeting on April 5, 2016 at 6
p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
F. The Board of County Commissioners will hold a Regular Board meeting on April 19, 2016 at 9
a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
G. The Board of County Commissioners will hold an Informal Board meeting on April 19, 2016 at 1
p.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia
Avenue, Fort Pierce, FL.
12. MOTION TO ADJOURN
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COUNTY
F L O R I D A
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Regular Meeting
February 9, 2016 Convened: 6:00 PM
Adjourned: 6:55 PM
1. CALL TO ORDER
The meeting was called to order at 6:00 PM by District No. 5, Chairman Kim Johnson
Attendee Name
Kim Johnson
itle Status Arrived
District No. 5, Chairman Present 6:00 PM
District No. 1, Vice -Chairman Present 6:00 PM
District No. 2 Present 6:00 PM
District No. 3 Present 6:00 PM
Chris Dzadovsky
Tod Mowery
Paula A. Lewis
Frannie Hutchinson
District No. 4
Present
6:00 PM
Howard Tipton
Administrator
Present
6:00 PM
Bob Adolphe
Deputy County Administrator
Present
6:00 PM
Mark Satterlee
Deputy Administrator
Present
6:00 PM
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
Laurie Waldie
Utility Director
Present
6:00 PM
Beth Ryder
Community Services Director
Present
6:00 PM
Leslie Olson
Planning Manager
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
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5.
APPROVAL OF MINUTES
A. Amended Minutes of Dec 1, 2015 6:00 PM
RESULT: ACCEPTED AS AMENDED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Paula A. Lewis, District No. 3
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
B. Board of County Commissioners minutes for the meeting of Tuesday, January 26, 2016
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Paula A. Lewis, District No. 3
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
PROCLAMATIONS APPROVAL
A. Resolution Proclaiming February 8-13, 2016 as "2-1-1 Awareness Week" in St. Lucie County,
Florida.
Page Woodward spoke on behalf of 2-1-1 in St. Lucie County. She thanked the Board for their
support. She described the importance of informing the community of the existence of
programs where they are able to get help.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
B. A resolution congratulating Cameron John Weideman of Troop 405 for his achievement in
attaining the rank of Eagle Scout with the Boy Scouts of America and commending him for his
service to his community now and in the years to come.
Cameron John Weideman accepted the proclamation and commented on how he has learned
leadership skills from his time in Boy Scouts. He thanked Charles Barrowclough, from the
Environmental Resources department for his assistance with his project.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman
SECONDER: Tod Mowery, District No. 2
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
C. A resolution congratulating Kevin Kicklighter of Troop 475 for his achievement in attaining the
rank of Eagle Scout with the Boy Scouts of America and commending him for his service to his
community now and in the years to come.
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Kevin Kicklighter accepted the proclamation and thanked the Board.
Chairman Johnson asked Charles Barrowclough to comment on the work the Boy Scouts have
done in the county. Mr. Barrowclough commended both young men on their achievements. He
spoke about the significance of the 1700 foot trail that was constructed over the course of two
and a half months and 300 hours of work by Mr. Weideman. This project was the first service
project completed under the recently adopted Facilities Use Agreement. He thanked County
staff for their assistance on the project.
Mr. Barrowclough detailed plans for fund raisers for future projects. He also announced that in
July of this year the segment of scouts known as the Order of the Arrow will be arriving to assist
with working on the trails in Fort Pierce.
Commissioner Dzadovsky asked about naming rights for the proposed campsites along the
trails. Mr. Barrowclough explained that there will be scout and corporate sponsorship
opportunities.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Paula A. Lewis, District No. 3
SECONDER: Tod Mowery, District No. 2
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
6. PUBLIC COMMENT (excluding Public Hearing items)
Annette Brown, 3115 W Dixie Blvd, Fort Pierce -She spoke on behalf of the Morning After
Center. Ms. Brown thanked the Board for their support and declared the success of the
workshop for sealing and expunging criminal records. Approximately 100 people attended the
workshop and over half of those people were helped by the end of the day. She commended
Chairman Johnson for taking part in the event.
William Abramowicz, 5708 Palm Drive, Indian River Estates - He commented on the water
project in Indian River Estates and the paving of the damaged roads after the project. He has
spoken with the engineering department regarding the status of the repairs. He was concerned
about the progress of the repairs. He also thanked Commissioner Lewis for her years of service
to the County.
Chairman Johnson asked the County Attorney about the status of the project.
The County Attorney answered that there has been progress with the project in regards to
grant conditions, the storm water project is complete and the county is in the process of
recovering money related to the project. This money would include the costs associated with
damage to the roads. He explained that the project has been complicated because the
contractor declared bankruptcy. Therefore, the County Attorney will be contacting the insurer
for the contractor with proof of the extent of damage and proceeding as needed.
Chairman Johnson made sure that Mr. Abramowicz's contact information was collected, to
keep him updated on the project.
7. PRESENTATIONS
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A. St Lucie County Master Gardeners - Mary Moore, OF IFAS St. Lucie County Master Gardener
President
Mary Moore, the President of the St. Lucie County Master Gardeners presented the group's
accomplishments. Ms. Moore has completed over 1400 hours of volunteer work in her ten
years with the organization. She volunteers at the butterfly garden, the 4H farm, the plant sales
and special events. Last year, the Master Gardeners donated 19,150 hours to the county. They
also educated 40,250 community members on gardening related subjects. She thanked the
Board for their continued support, specifically Commissioner Lewis for her involvement with
their events.
Ms. Moore also spoke about the organization's involvement at the Fort Pierce Farmer's Market,
Florida Friendly Landscaping, projects with local school, the 4H farm, and the botanical gardens.
She mentioned the plant sales and scholarships for the community.
Chairman Johnson asked how to contact the Master Gardeners to become involved.
Ms. Moore answered that anyone can contact the county extension office with questions
regarding the certification program.
B. Fair Housing Poster Winners - Jennifer Hance and Diana Wesloski
The Housing Division Manager explained the projects her department conducts to educate the
community on fair housing. The definition of fair housing includes race, color, religion, gender,
national origin, disability and familial status in regards to housing.
She introduced the Housing Program Specialist to present the poster contest that she created.
She thanked the organizations that assisted with the contest and the judges, including
Chairman Johnson, Deputy County Administrator Mark Satterlee, and Director of Community
Services Beth Ryder.
Chairman Johnson assisted staff in awarding the winners, 3rd place was Eltania, 2nd place was
Haley, and 1st place was Bailey. Staff congratulated the winners and those who participated.
She thanked the Board for the opportunity to recognize the winners and indicated that the
contest will now be conducted yearly.
8. CONSENT AGENDA
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
A. WARRANTS
1. WL 15-17
B. ADMINISTRATION
There are no items scheduled.
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Regular Meeting Tuesday, February 9, 2016 6:00 PM
C. COUNTY ATTORNEY
1. Notice of Settlement of United States ex rel. Perez v. Stericycle, Inc.
2. All Aboard Florida - Payment of Legal Defense Invoices through All Aboard Legal Defense
Fund
3. Stop Gap Ordinance - Commercial Composting Facilities - Permission to Advertise
D. COMMUNITY SERVICES
There are no items scheduled.
E. COURT ADMINISTRATION
There are no items scheduled.
F. ENVIRONMENTAL RESOURCES
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
There are no items scheduled.
L. PLANNING & DEVELOPMENT SERVICES
There are no items scheduled.
M. PUBLIC SAFETY
There are no items scheduled.
N. PUBLIC WORKS
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Regular Meeting Tuesday, February 9, 2016 6:00 PM
1. Harbour Ridge Country Club, Inc. — Fee -in -Lieu
2. Resolution - Fisherman's Wharf Development - Acquisition Grant
3. Budget Resolution - Fisherman's Wharf Development - Acquisition Grant
4. Port Engineer Position
5. North 2nd Street Change Order No. 7 with Mancil's Tractor Service, Inc.
O. SHERIFF'S OFFICE
There are no items scheduled.
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There are no items scheduled.
R. TRANSPORTATION PLANNING ORGANIZATION
There are no items scheduled.
S. UTILITIES
There are no items scheduled.
9. PUBLIC HEARINGS
1. Ordinance - Amending Section 38-27 "Registration of Abandoned Real Properties" of
the Code of Ordinances and Compiled Laws of St. Lucie County.
The Assistant County Attorney presented this item. She clarified that this item has been
part of the county's code since 2010. It requires mortgage holders to register their
abandoned property with the Code Enforcement Division so there is an agent to call if
there is an issue. According to staff, the number of registered abandoned properties
was reduced to 400 last year. Staff requests continuation of this ordinance so there is an
agent to contact regarding each property. The draft ordinance was advertised on
January 26th and notice of the public hearing was published in the Tribune. Staff
recommended approval.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Frannie Hutchinson, District No. 4
SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
10. REGULAR AGENDA
A. COUNTY ATTORNEY
1. Verada Ditch Improvement Project - Settlement Agreement
The County Attorney presented this item. The slope failure remediation plan was
originally presented at the Board meeting on January 26, 2016. At the last meeting,
settlements were approved with the contractor and contractor engineering inspection
firm. At that time, there was no success in staff's efforts to reach an agreement with the
project's designer, Miller Legg and Anderson Andre. Since that meeting, staff was able
to achieve a possible settlement with these firms for $1.3 million. This settlement would
include a cash payment of $1,223,000, with the remaining $77,000 to be paid by
providing services. The County Engineer and County Attorney reviewed the proposed
settlement and recommended approval. The cost of the repairs from the project would
be almost fully funded by the settlement funds, as was approved at the previous BOCC
meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman
SECONDER: Tod Mowery, District No. 2
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
2. St. Lucie County vs. Department of Juvenile Justice - Resolution Authorizing the County
to Dismiss Pending Litigation Against the Department
The County Attorney presented this item. He explained that in the State of Florida, the
cost of the juvenile justice system is split between the 67 counties. He indicated that it
has been a difficult process to determine which costs are covered by the county instead
of the state. The counties have challenged some of the rule changes and the rulings in
these cases were in favor of the counties. It was determined that the state significantly
overcharged the counties. St. Lucie County was overcharged $3.9 million over this
period of time. Several counties, including St. Lucie County, challenged the state in
attempts to recover this money. Staff has successfully determined the amount of
overpayment but has been unable to collect cash payments or credits. He clarified that
this is typically a difficult process.
The County Attorney presented the state's proposed changes to improve the current
process, Senate Bill 1322 and House Bill 1279. The current formula for dividing costs of
juvenile justice is 57% paid by the county and 43% paid by the state. Under the
proposed law, the counties and state would split the costs 50/50. The initial savings in
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St. Lucie County would be $368,000, and overall estimated savings of $200,000 to
$300,000 yearly. In addition, current percentages are based by estimates and the new
law would be based on the previous year's expenditures. Staff's analysis determined
that this process would be a positive change for the county, it would provide certainty
and recover money over time. The alternative would be to continue with the litigation
against the state.
The County Attorney drafted a resolution for the Board to consider, to support the
passage of Senate Bill 1322 and House Bill 1279. It also directs the County Attorney to
dismiss all pending actions against the State of Florida Department of Juvenile Justice
within 10 days of the governor making the law effective. Staff emphasized that this
detail is important, because the dismissal of litigation is dependent upon the law
passing. Staff recommended approval.
Commissioner Mowery commented that the County Attorney will continue to fight to
have a greater chance of recovering the money.
The County Attorney clarified that some counties did not pay anything, some paid a
percentage and some including St. Lucie paid in full what they were billed. Staff
indicated that the county did so under protest and felt this was the correct action to
take. He advised that the Board should still support the proposed resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Paula A. Lewis, District No. 3
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
B. PUBLIC SAFETY
1. FEMA appeal
The Public Safety and Communications Director presented this item. He indicated that
$40 million in claims were made by the county following Hurricanes Frances and Jeanne
in 2004. When all of the repairs had been completed FEMA and the state performed
final audits, known as close outs to reconcile all costs. As each project was audited a
final dollar amount was calculated. These numbers can result in no changes, the county
may receive money back or the county may owe money to the state or FEMA.
On December 14, 2015 the county received information from the Florida Department of
Emergency Management for 7 FEMA projects. The state is requesting St. Lucie County
pay back $1,062,762.73 in funds related to the FEMA audit of these projects. Per the
code of federal regulations, the county has 60 days from the notice date to appeal. The
county's appeal must be received by the state on February 12, 2016.
Upon review of the 7 projects, staff believes that FEMA is in error on 4 of the projects.
The Public Safety and Communications Director requested that the Board approve the
continuation of appeal on the 4 projects for a total amount of $767,619.16.
Chairman Johnson clarified the number of projects to be appealed, as the agenda
showed 5 projects. Staff confirmed there are 4 projects for appeal.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman
SECONDER: Tod Mowery, District No. 2
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
C. PUBLIC WORKS
1. Resolution - Parkland Municipal Services Benefit Unit Special Assessment Revenue Bond
Series 2016
This item was presented by the Municipal Services Benefit Unit Coordinator. She
explained that this unit was created by the Board in response to petitions by 54% of
affected property owners to fund the cost of constructing potable water and fire
protection improvements in their neighborhood. In October 2015, the Board levied non -
ad valorem special assessments on parcels within the Parkland MSBU and authorized
the issuance of special assessment revenue bonds in the amount not to exceed
$450,000. The county's financial advisor requested proposals from local lending
institutes that could provide the county with a fixed rate 15 year term loan. After the
proposals were reviewed and discussed by county staff it was determined that Seacoast
Bank provided the most favorable rates and terms to the county. If approved the
resolution will amend and restate resolution 2015-191 and authorize the issuance of
special assessment revenue bonds in the amount not to exceed $339,000. The not -to -
exceed amount has been reduced due to prepayments received from parcel owners.
The security for the bonds would be a lien upon and a pledge of the federal
assessments. Staff recommended approval.
Commissioner Dzadovsky commented that he has been approached by homeowner's
associations with questions regarding the lighting districts. The homeowners wanted to
know about updating lighting and reducing electric bills. He asked the Board to work
with staff to review the lighting districts to address these questions in a future
workshop.
Commissioner Lewis recommended that staff examine the matter and see if there is
anything to discuss at a future meeting.
Staff indicated that she had reviewed the situation. She explained that Fort Pierce Utility
Authority has a plan to replace old lighting with LED beginning in the summer.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Frannie Hutchinson, District No. 4
SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
11. ANNOUNCEMENTS
A. County offices will be closed on Monday, February 15, 2016 to observe President's Day.
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Regular Meeting
Tuesday, February 9, 2016
6:00 PM
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B. The Board of County Commissioners will hold a Regular Board meeting on February 16, 2016 at
9 a.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 a Special Informal Board meeting to address the
Federal Legislative Update on February 18, 2016 at 9 a.m. in Conference Room #3 of the Roger
Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL.
D. The Board of County Commissioners will hold a Regular Board meeting on March 1, 2016 at 6
p.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
Virginia Avenue, Fort Pierce, FL.
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E. The Board of County Commissioners will hold an Informal Board meeting on March 8, 2016 at 9
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a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia
Avenue, Fort Pierce, FL.
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F. The Board of County Commissioners will hold a Regular Board meeting on March 15, 2016 at 9
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a.m. in the Commission Chambers of the Roger Poitras Administration Annex located at 2300
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Virginia Avenue, Fort Pierce, FL.
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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.
10 1 Packet Pg. 17
4.6
S■TkaL■(di 1 E
COUNTY
F L O R r D A
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Regular Meeting
February 16, 2016 Convened: 9:00 AM
Adjourned: 10:50 AM
1. CALL TO ORDER
The meeting was called to order at 9:00 AM by District No. 5, Chairman Kim Johnson
Attendee Name
District No. 5, Chairman
Status Arrived
Kim Johnson
Present
9:00 AM
Chris Dzadovsky
District No. 1, Vice -Chairman
District No. 2
Present
9:00 AM
Tod Mowery
Present
9:00 AM
Paula A. Lewis
District No. 3
Present
9:00 AM
Frannie Hutchinson
District No. 4
Present
9:00 AM
Howard Tipton
Administrator
Present
9:00 AM
Bob Adolphe
Deputy County Administrator
Present
9:00 AM
Mark Satterlee
Deputy Administrator
Present
9:00 AM
Daniel S. McIntyre
County Attorney
Present
9:00 AM
Katherine Barbieri
Asst. County Attorney
Present
9:00 AM
Edward Matthews
Parks, Recreation & Facilities Director
Present
9:00 AM
Don West
Public Works Director
Present
9:00 AM
Laurie Waldie
Utility Director
Present
9:00 AM
Beth Ryder
Community Services Director
Present
9:00 AM
Leslie Olson
Planning Manager
Present
9:00 AM
Ron Roberts
Solid Waste Director
Present
9:00 AM
Melissa Upton
Clerk to the Board
Present
9:00 AM
2. INVOCATION
Generated 211912016 4:07 PM Packet Pg. 18
4.B
Regular Meeting Tuesday, February 16, 2016 9:00 AM
3.
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5.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
A. Board of County Commissioners minutes for the meeting of Tuesday, January 26, 2016
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Frannie Hutchinson, District No. 4
SECONDER: Tod Mowery, District No. 2
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
PROCLAMATIONS APPROVAL
A. A resolution proclaiming February 21-27, 2016 as "National Engineers Week" in St. Lucie
County, Florida.
Patrick Helms, President of the Florida Engineering Society Treasure Coast Chapter accepted
the proclamation. He spoke about the role of engineers in regard to the continued growth and
well being of the county. He thanked the Board for their acknowledgement.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Chris Dzadovsky, District No. 1, Vice -Chairman
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
B. A resolution proclaiming February 2016 as "Florida Hiking Trails Month" in St. Lucie County,
Florida.
Jim Couillard accepted the proclamation on behalf of the Florida Trail Association. He explained
the impact of trails in Florida, indicating there were 352,000 visitors to trails in Florida last year.
He expressed enthusiasm for making citizens aware of the importance of preserving this natural
resource. He thanked the Board for the opportunity to address this topic.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chris Dzadovsky, District No. 1, Vice -Chairman
SECONDER: Tod Mowery, District No. 2
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
C. Resolution - Fair Association Request
Jeanne Keaton accepted the proclamation. She thanked the fair volunteers for their dedication
and support over the years. She expressed excitement about the upcoming 51st annual St Lucie
County Fair.
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Regular Meeting
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Frannie Hutchinson, District No. 4
SECONDER: Paula A. Lewis, District No. 3
AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson
6. PUBLIC COMMENT (excluding Public Hearing items)
Richard Allison, Jackson Way St. Lucie County- He asked the Board to address issues with
the street he lives on, Jackson Way. He indicated that there are no sidewalks and no speed
limit signs, and felt that this was a danger to citizens. He requested at least one speed limit
sign on the street.
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Darlene McLaughlin, St. Lucie County Resident - She identified as the Division Manager
for Waste Pro. She spoke on behalf of the company and indicated how much the partnership
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with St. Lucie County is valued. She said Waste Pro is looking forward to working with staff
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to better the community.
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Jeanne Keaton, 1207 Parkland Blvd, Fort Pierce - She spoke on behalf of the White City
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Improvement Club. She thanked the Board and Public Works Department staff for their
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assistance in repairing damages caused by flooding in the area.
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7. PRESENTATIONS
A. Tourism in St Lucie County - Charlotte Bireley
The County Tourism Manager presented this item. She covered the important impact of the
tourism industry in St. Lucie County. She discussed the positive trend of visitors from 2011
through 2014, with 100 million visitors estimated in 2015. There was $82 billion of tourism
related spending in 2014.
She also explained the Tourist Development Council, which meets monthly in the county. Staff
presented the local impact of tourism, which included the Tourist Development Tax. She
detailed how the 5% tourist tax revenue is allocated. Staff showed the growth in revenue from
this tax, which was $3.4 million in 2015. A chart of the St. Lucie County tourism industry growth
between 2010 and 2013 was compiled with data from the US Travel Association. This chart
showed positive increases in all categories including travel spending, travel generated payroll,
travel generated employment, travel generated state tax receipts and travel generated local tax
receipts.
The County Tourism Manager indicated the key partnerships for the industry, including Visit
Florida and the Treasure Coast Sports Commission. Staff presented the marketing objectives for
2016, including increasing tourist tax revenue by 5%, increasing website visits by 20% and
increasing social media presence. She also displayed some images from the print ad campaign,
social media websites, the county website, media coverage of fishing in the area and the new
billboard campaign. Staff concluded by showing a 30 second ad prepared for tourism in the
county.
Commissioner Dzadovsky brought attention to the Highway Men and Zora Neale Hurston
events in the area. Staff acknowledged the FAM tours for media of Fort Pierce's African
3 1 Packet Pg. 20
Regular Meeting
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9:00 AM
4.13
American cultural assets, which will showcase the history of the Highway Men and Zora Neale
Hurston. Commissioner Dzadovsky invited everyone to the ribbon cutting at 10 AM at the
Intermodal Transit Station on Avenue D.
Chairman Johnson commended staff on their efforts to increase marketing for the county.
B. OF/IFAS Hayslip Biological Control Research - Dr. Ron Cave
Anita Neal from the University of Florida Extension Office introduced Dr. Ron Cave and
presented some samples to the commissioners.
Dr. Ron Cave presented an update on the Indian River Research and Education Center and the
Hayslip Biological Control Research and Containment Laboratory. He clarified the goal of the
biological control lab is to study "good" bugs to fight "bad" bugs and "bad" plants. He covered
the history of the lab beginning in 2000 when the facility was initially presented by the
University of Florida. He also covered the history of the budget for the facility, including a
recent cut to zero funding by the governor. Dr. Cave covered the 2 program areas of focus,
invasive plant biological control and invasive insect biological control. He explained the
ecological and economical damages caused by non-native species of plants and insects. He
presented several specific cases of invasive species in the state and the proposed solutions
from the lab; tropical soda apple, air potato, Brazilian peppertree, cogongrass, Mexican
bromeliad weevil, cycad aulacaspis scale, Sri Lankan weevil, yellowmargined leaf beetle, and
the ambrosia beetle associated with laurel wilt fungus.
Dr. Cave thanked the Board for their support of this research.
C. PSA Grant Program - Erick Gill, Public Information Manager
The Public Information Manager presented this item. He introduced Daphne Stewart from
Sarah's Kitchen, the recipient of last year's PSA grant. She explained the importance of
advertising for nonprofits and considered the grant to be a blessing. The grant allowed her
organization to raise awareness of the programs they offer and increase the number of
volunteers. She thanked the Board for the opportunity and their support.
Staff gave an overview of the grant program, including the history of the grant, the
requirements to apply and scoring criteria. He encouraged all eligible agencies to apply and
gave contact information for assistance with applications.
Commissioner Dzadovsky commented that the grant is an excellent opportunity for the
community. He mentioned the benefits of advertising on social media versus paying for
television time.
Staff agreed and indicated that the nonprofit's ad will air on SLCTV.
D. Zika Virus Preparedness Update - Glenn Henderson, Interim Director Mosquito Control and
Coastal Management Services and Clint Sperber, Administrator, SL Health Department
This item was presented by Glenn Henderson the Interim Director of Mosquito Control and
Coastal Management Services and Clint Sperber, Administrator for the St. Lucie County Health
Department.
First, Clint Sperber presented the health related issues associated with the Zika virus.
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Regular Meeting
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9:00 AM
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Mr. Sperber began his presentation by thanking the Board for allowing him the time to speak to
the county about this virus. He clarified that there are no locally acquired cases of Zika virus in
the state of Florida and there are 21 cases associated with travel. The state surgeon general
does a daily update at 2PM.
He covered background information about the virus including its history and how it is
transmitted. He also discussed the symptoms and incubation time. Mr. Sperber pointed out
that 1 in 5 people who are infected will become symptomatic. He presented a chart that
detailed the steps taken once a case of Zika virus is suspected. The Health Department takes
these steps for any investigation they need to conduct, and did 2000 investigations in 2015.
Response activities conducted by the Health Department include targeting health care
providers, working with internal partners, syndromic surveillance, working with Mosquito
Control officials, and providing the public with information regarding the disease.
Mr. Henderson began his presentation by covering the responsibilities of the Mosquito Control
Department. This includes operating 4000 acres of mosquito impoundments, performing
inspection, surveillance and treatment within the district, targeting adult mosquitoes and larva,
research and community outreach and education. He explained that because it was warm and
wet in December and January, the county experience elevated mosquito activity. He pointed
out that the early warning of Zika virus has helped the county with organizing response efforts.
Mr. Henderson presented ways to prevent and protect against contact with mosquitoes. He
reiterated the steps taken once a suspected Zika case is reported, including contact with the
Department of Health. Mosquito Control will send out teams of inspectors within 24 hours and
inform nearby homeowners. He directed county residents to online resources and to contact
Mosquito Control with any questions or concerns.
8. CONSENT AGENDA
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Tod Mowery, District No. 2
SECONDER:
Paula A. Lewis, District No. 3
AYES:
Kim Johnson, Chris Dzadovsky, Tod Mowery, Paula A. Lewis
ABSENT:
Frannie Hutchinson
A. WARRANTS
1. Warrant List 18
.� 0 Pilli,ll,�Ii:Z_tILou
1. Tourist Development Council Funding for Airport Entranceway Project
2. Appointment to the Fort Pierce Wastewater Treatment Plant Ad -Hoc Working
Committee
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4.13
Regular Meeting Tuesday, February 16, 2016 9:00 AM
C. COUNTY ATTORNEY
1. St. Lucie County Health Department - Amendment I to Attachment II of FY15-16
Contract
2. Resolution - Amending Purchasing Manual to Establish Procurement Procedures for
Federal Transit Administration Funded Projects
3. Revocable License Agreement - Tarpon Flats Subdivision - Vanderenden - Install Fence in
Utility Easement
D. COMMUNITY SERVICES
1. Baker & Taylor Rental Book Proposal
E. COURT ADMINISTRATION
There are no items scheduled.
F. ENVIRONMENTAL RESOURCES
1. Allied Improvement Agreement Release
2. St. Lucie Village Heritage Preserve - Boardwalk Bid Award
3. Work Camper Agreement - Steven J. Fousek Preserve /Paleo Hammock
4. Petravice Infrastructure CIP
G. HUMAN RESOURCES
There are no items scheduled.
:I0101:1kTITA 0-011",noI I150teltyJ
There are no items scheduled.
I. MOSQUITO CONTROL & COASTAL MGMT. SERVICES
There are no items scheduled.
J. OFFICE OF MANAGEMENT & BUDGET
1. Request for Proposal (RFP) No. 16-004, Federal Lobbyist Services
K. PARKS, RECREATION & FACILITIES
1. The ARC of St. Lucie County - Walkathon
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4.13
Regular Meeting Tuesday, February 16, 2016 9:00 AM
L. PLANNING & DEVELOPMENT SERVICES
There are no items scheduled.
M. PUBLIC SAFETY
There are no items scheduled.
N. PUBLIC WORKS
1. Parkland Municipal Services Benefit Unit in
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2. Award of Bid No. 16-008 Subdivision #2 Mowing - Harmony Heights, Sunland Gardens, Z
Paradise Park, Pony Pines, Timberlake Estates, Ft. Pierce Gardens, Pine Hollow and
Hidden Pines `L
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P. SOLID WASTE 2
1. Bid Waiver - Powerscreen of Florida, Inc.
Q. SUPERVISOR OF ELECTIONS
There are no items scheduled.
R. TRANSPORTATION PLANNING ORGANIZATION
There are no items scheduled.
S. UTILITIES
There are no items scheduled.
9. PUBLIC HEARINGS
A. COUNTY ATTORNEY
1. Ordinance - Amending Section 7.09.05 of the St. Lucie County Land Development Code
affecting the removal of exotic vegetation in St. Lucie County, Florida. 2nd Public
Hearing (2nd Public Hearing)
The Assistant County Attorney presented this item. She indicated that this would be the
first of 2 public hearings to amend section 7.09.05 of the St. Lucie County Land
Development Code, affecting the removal of exotic vegetation. This section of the code
has been in effect for some time and addresses the requirements for developers and
7 1 P a g e Packet Pg. 24
Regular Meeting
Tuesday, February 16, 2016
9:00 AM
4.13
homeowners to remove exotic vegetation. She indicated that the only changes would be
to the "enforcement" area of the code. Previously, enforcement required the Public
Works Director to make special notice separate from Code Enforcement, and created
some difficulties. This amendment would change enforcement to the standard
procedure, which is through the St. Lucie County Code Enforcement Board. This public
hearing was advertised on February 5th and the second public hearing is scheduled for
March 15th.
RESULT: 1ST READING APPROVED Next:
3/1/2016 6:00 PM
B. PLANNING & DEVELOPMENT SERVICES
1. Annual Update to the Comprehensive Plan, Capital Improvements Element (CIE) for FY
2015/16 - FY 2019/20
The Comprehensive Planner presented this item. She covered the annual update to the
Comprehensive Plan, Capital Improvements Element for 2015/2016 through 2019/2020.
This public hearing was advertised on February 5th. The draft ordinance details the
updates being made to the CIE tables.
Richard Allison addressed the Board again at this presentation, regarding a response to
his request for a speed limit sign. Chairman Johnson said he would speak with him after
the meeting, and would have the Public Works Director assist him as well.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Tod Mowery, District No. 2
SECONDER:
Chris Dzadovsky, District No. 1, Vice -Chairman
AYES:
Kim Johnson, Chris Dzadovsky, Tod Mowery, Paula A. Lewis
ABSENT:
Frannie Hutchinson
10. REGULAR AGENDA
1. Resolution - Waste Pro Exclusive Residential Agreement - Fourth Amendment - Item "A"
The County Attorney presented this item and the Solid Waste Director was available for
questions. In 2013, the county and Waste Pro made an amendment to the Exclusive
Residential Collection Agreement. This agreement guaranteed that Waste Pro would
deliver 100 tons of recyclable material daily to the county's facility, this would generate
$1.9 million annually. In a separate agreement with the City of Port St. Lucie, Waste Pro
agreed to pay $62,000 per month based on expected generated revenue. Waste Pro is
currently bringing 135 tons per day to the facility, increasing the county's revenue.
Based on decreased market prices for recyclable materials, Waste Pro is losing money
and the increase in materials is adding to those losses. Waste Pro would like to reduce
their delivery to the county to 100 tons as contracted. This would reduce the county's
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Regular Meeting
Tuesday, February 16, 2016
9:00 AM
4.13
revenue by $600,000 annually. It would also reduce the city's revenue by approximately
50%. The amendment guarantees 135 tons delivered daily, providing $2.2 million in
processing fees annually by Waste Pro. The county would agree to reduce processing
fees if the average market price for recyclable materials remains below average, and
return to normal fees if the market price returns above $92 per ton. Waste Pro would
also share half of the revenue it receives from the sale of recyclable materials if the
average market value exceeds $92 per ton. Staff indicated that it is impossible to predict
the average market price or potential revenues. The 4th amendment would also
eliminate Waste Pro's obligation to provide certain information materials that promote
recycling. Staff does not believe this elimination is significant.
Staff believes that this amendment provides significant economic benefits to the county
and will increase annual revenue to $2.2 million.
Commissioner Mowery asked where the overflow volume of materials would be
delivered. The Solid Waste Director answered that the volume brought in from Martin
County would be reduced and would be going to the facility in Pompano.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Chris Dzadovsky, District No. 1, Vice -Chairman
SECONDER:
Paula A. Lewis, District No. 3
AYES:
Kim Johnson, Chris Dzadovsky, Tod Mowery, Paula A. Lewis
ABSENT:
Frannie Hutchinson
2. Resolution - Amendment to Solid Waste Rate Resolution - Item "B"
The County Attorney presented this item. This item proposes an amendment to the
Solid Waste Rate Resolution. If adopted, it would allow for different rates and charges to
be used when authorized in a contract that the Board has adopted. Staff recommended
approval.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Chris Dzadovsky, District No. 1, Vice -Chairman
SECONDER:
Tod Mowery, District No. 2
AYES: Kim Johnson, Chris Dzadovsky, Tod Mowery, Paula A. Lewis
ABSENT: Frannie Hutchinson
3. Resolution requesting the Governor of Florida to issue a State of Emergency
The County Attorney presented this item. The Indian River Lagoon and modifications to
the St. Lucie River have altered the hydrology of the region. Large influxes of fresh water
from rainfall into the St. Lucie Estuary have negatively affected salinity levels and water
quality in the lagoon, potentially causing environmental harm. This runoff is causing a
public health threat. The resolution requests the Governor issue an executive order
declaring a state of emergency to protect the lagoon and estuary. The Governor has
broad powers dealing with state permitting and cost recovery issues that are not
available to local governments. Staff indicated that Martin County has recently adopted
a similar resolution.
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Regular Meeting
Tuesday, February 16, 2016
9:00 AM
4.13
Commissioner Dzadovsky asked which of the 2 versions of the resolution provided was
going to be submitted. He indicated that document "A" had significant language
supporting House Bill 989 and Senate Bill 1168, which had not been reviewed by the
Board yet. He pointed out issues with item 2 and 4 in the resolution. Chairman Johnson
asked if he was making a motion at this time. Commissioner Dzadovsky answered that
he would support approval, if those items were removed from the resolution. He
expressed urgency in getting the resolution passed as soon as possible.
Staff answered that document "A" was adopted from the Martin County resolution and
he saw no objection with deleting item 2 and 4 from the resolution.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Chris Dzadovsky, District No. 1, Vice -Chairman
SECONDER:
Tod Mowery, District No. 2
AYES: Kim Johnson, Chris Dzadovsky, Tod Mowery, Paula A. Lewis
ABSENT: Frannie Hutchinson
11. ANNOUNCEMENTS
A. The Board of County Commissioners will hold a Special Informal Board meeting to address the
Federal Legislative Update on February 18, 2016 at 9 a.m. in Conference Room #3 of the Roger
Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL.
B. The Board of County Commissioners will hold a Regular Board meeting on March 1, 2016 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 Board meeting on March 8, 2016 at 9
a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia
Avenue, Fort Pierce, FL.
D. The Board of County Commissioners will hold a Regular Board meeting on March 15, 2016 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
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.
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5.A
ITEM NO. RES-2016-28
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COUNTY
` R I ID A AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY:
Daniel S. McIntyre, County Attorney
SUBMITTED BY: County Attorney
DATE: 03/01/2016
*PROCLAMATIONS APPROVAL
SUBJECT: Resolution - Adoption of a resolution proclaiming April 2, 2016 as
"Children's Day" and April 3, 2016 as "Parents' and Children's Day" in St.
Lucie County, Florida.
BACKGROUND:
It has been requested by the Early Learning Coalition of St. Lucie County that this Board proclaim April 2,
2016 as "Children's Day" and April 3, 2016 as "Parents' and Children's Day" in St. Lucie County, Florida.
The attached resolution has been drafted for that purpose.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
COMMISSION ACTION:
Coordination Signatures
Danie S. McIntyre, C my ttorney 2/8/2016
Packet Pg. 28
5.A.a
RESOLUTION
A RESOLUTION PROCLAIMING APRIL 2, 2016 AS-CHILDREN'S DAY" AND APRIL 3, 2016 AS
"PARENTS' AND CHILDREN'S DAY" IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. The 21't Annual Children's Week celebrating Parents and Children took place in
Tallahassee from January 24, 2016 to January 29, 2016, bringing thousands of parents, children,
professionals, policy makers, community leadersand concerned citizens togethertoshare valuable
knowledge and information about children's issues across the state and in our capital city.
2. The purpose of Children's Week is to create a shared vision of the State of Florida's
commitment to its children and families and to engage a long-term process to develop and
implement strategies for moving the shared vision forward.
3. Children's Week hasteamed upwith morethan 100leading statewide business and
non-profit organizations and hundreds of local organizations to expand the network of community
involvement and education on a wide array of children and family issues at the local level and
conduct events and activities in January, February, March and April in all 67 counties focused on
improving the health, safety and well-being of Florida's children and families.
4. Hundreds of local municipalities have officially proclaimed "CHILDREN'S DAY" and
hosted hundreds of public events and activities for parents and children in their community.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. This Board does hereby proclaim April 2, 2016, as "CHILDREN'S DAY" and April 3,
2016 as "PARENTS' AND CHILDREN'S DAY" in St. Lucie County, Florida.
2. Originally established as "Children's Day" in 1988, the 2002 Florida Legislature
renamed this official, statewide Florida holiday as "PARENTS' AND CHILDREN'S DAY" to more fully
reflect support of the most important institution in Florida --the family.
PASSED AND DULY ADOPTED this 1't day March 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Packet Pg. 29
5.B
ITEM NO. RES-2016-32
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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: 03/01/2016
*PROCLAMATIONS APPROVAL
Resolution - Proclaiming the month of March 2016 as "Believing in Girls
Month" in St. Lucie County, Florida.
It has been requested that this Board proclaim the month of March 2016 as "Believing in Girls Month" in
St. Lucie County, Florida. The attached resolution has been drafted for that purpose.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
COMMISSION ACTION:
Coordination/Signatures
anie 5. McIntyre, C my ttorney 2/22/2016
Packet Pg. 30
5.B.a
RESOLUTION
A RESOLUTION PROCLAIMING MARCH 2O16 AS
"BELIEVING IN GIRLS MONTH" IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. March is Women's History Month in the United States, a time when our nation reflects on the
valuable contributions women make to our society.
2. The young women of Florida are considered to be tomorrow's leaders.
3. It is very important that we provide young women access to the resources and opportunities
they need to reach their full potential.
4. The Pace Center for Girls is instrumental in helping promote a better future through a caring
community that believes in their value.
5. The Pace Center for Girls is a nationally recognized and research -based, gender -responsive
model for girls and young women.
6. PACE provides girls and young women an opportunity for a better future through education,
counseling, training and advocacy.
7. PACE values all girls and young women, believing each one deserves an opportunity to find her
voice, achieve her potential and celebrate a life defined by responsibility, dignity, serenity and
grace.
NOW,THEREFORE, BE IT RESOLVED bythe Board of County Commissioners of St. Lucie County,
Florida:
1. This Board does hereby proclaim March 2016 as "BELIEVING IN GIRLS MONTH" in St. Lucie
County, Florida.
2. This Board urges the citizens of St. Lucie County to support the Pace Center for Girls and the
incredible accomplishments they have made.
PASSED AND DULY ADOPTED this 15t day of March 2016.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
U
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a
N
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Packet Pg. 31
5.0
ITEM NO. RES-2016-33
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: 03/01/2016
*PROCLAMATIONS APPROVAL
Resolution - Proclaiming March 14-18, 2016 as "Flood Safety Awareness
Week" in St. Lucie County, Florida.
It has been requested that this Board proclaim March 14 through 18, 2016 as "Flood Safety 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
anie 5. McIntyre, C my ttorney 2/23/2016
Packet Pg. 32
5.C.a
RESOLUTION
A RESOLUTION PROCLAIMING THE WEEK OF MARCH 14-18, 2016 AS
"FLOOD SAFETY AWARENESS WEEK" IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. The National Weather Service has designated March 14 through 18, 2016 as Flood Safety
Awareness Week.
2. Floodscan happen anytime, anywhere and without warning, creating emergencies of great
concern to St. Lucie County, with imminent threat to life and property. Flooding has caused,
and can cause extensive damage to homes, businesses and local government infrastructure.
3. An average of 90 people per year lose their lives in flooding disasters annually in the United
States.
4. Over the last 30 years, flooding has caused approximately $8 billion in damages throughout
the United States.
5. The state of Florida has received 22 presidential disaster declarations for severe weather
events that have caused flooding since 2000.
6. St. Lucie County suffered flooding in January of 2014, causing major damage to homes and
apartment buildings and displacing dozens of residents.
7. St. Lucie County has spent several million dollars on storm water drainage improvements.
8. Many parts of Florida have seen record -breaking rainfall this year, creating elevated risk for
flooding.
9. Damage from a flood is not normally covered under a standard homeowners policy,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. This Board does hereby proclaim the week of March 14-18, 2016, as "FLOOD SAFETY
AWARENESS WEEK" in St. Lucie County, Florida.
2. This Board encourages county residents to review flood risk and purchase flood insurance
to protect their property.
PASSED AND DULY ADOPTED thislst day of March 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Packet Pg. 33
8.A.1
02/12/16
FZASWARR
FUND TITLE
001
001459
001460
001512
001538
001550
001560
001563
001571
001572
001573
001574
001575
001577
001826
101
101001
101002
101003
101004
102
102001
102114
105202
107
107001
107002
107003
107004
107006
115
118
121
130
130114
130117
230119
130219
140
140001
140376
140382
150
160
182
183
183001
183004
ST. LUCIE COUNTY - BOARD
WARRANT LIST #19- 06-FEB-2016 TO 12-FEB-2016
FUND SUMMARY
General Fund
EMPA EY16
FCTD Planning Grant
Neighborhood Stabilization Program
HUD Neighborhood Stab 3
HUD Shelter Plus Care
Section 112/MPO/FHWA/Planning
HUD CDBG FY 2013
Safe Routes to School
HUD Shelter Plus Chronic
HUD Shelter Plus Care Grant
CSBG 2016
Metropolitan Planning / Sec 5305d
Lagoon Life Education Program
SAFER St Lucie Disaster Education
Transportation Trust Fund
Transportation Trust Interlocals
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Unincorporated Services Fund
Drainage Maintenance MSTU
Citrus & Saeger Strmwtr Treatment
State Aid to Libraries FY 2015
Fine & Forfeiture Fund
Fine & Forfeiture Fund -Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund -Driver's Ed Safety
F&F Fund -Court Related Technology
Sheraton Plaza Fund
Paradise Park Fund
Blakely Subdivision Fund
SLC Public Transit MSTU
FTA 5307 FY 2013
ETA 5316 2014 JARC Grant
FTA 5307 FY13
FDOT Lakewood Pk Reg Bus Rte
Airport Fund
Port Fund
FDOT New Port Ent 2nd street Imp
"DOT Design & Construct Runway
Impact Fee Collections
Plan Maintenance RAD Fund
Environmental Land Acquisition Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
EXPENSES
702,170.72
2,880.20
15.45
0.00
0.00
0.00
1, 735.91
320.85
13.19
0.00
0.00
10,798.10
693.99
0.00
0.00
4, 892.29
129.50
56,850.89
58,625.07
14,820.52
25,312.98
11,485.89
1,874.50
480.43
165,110.51
11,647.01
113.50
2,212.99
217,635.00
14,497.64
602.37
839.00
84.35
541.11
0.00
21,799.81
119.00
2, 388.30
13,930.70
513.25
51,566.02
7,395.36
125.00
6,099.50
52.50
6, 767.04
180.00
3,712.42
PAGE
PAYROLL
571,836,71
0.00
344.61
224.25
103.92
81.22
9,854.58
2,397.56
1,615.53
362.09
400.09
3,833.93
916.97
1, 348.19
1,600.00
38,367.56
1,381.60
46,243.28
14,333.25
17,160.55
61,268.89
9,599. 91
4,967,26
0.00
180,840.22
1,060.03
1,060.03
0.00
0.00
8, 668.25
0.00
0.00
0.00
2,194.08
1,360.80
0.00
0.00
0.00
11,552.50
0.00
0.00
0.00
0.00
2,946.47
0.00
4,897.48
0.00
3,275,73
N
H
Z
d'
Packet Pg. 34
8.A.1
02/12/16
FZABWARR
FUND TITLE
183006
184001
184806
185015
189110
189203
190
310001
310006
316
316001
37009
401
418
451
458
471
478
479
491
505
505001
505002
611
625
801
ST. LUCIE COUNTY - BOARD
WARRANT LIST #19- 06-FEB-2016 TO 12-FEB-2016
FUND SUMMARY
Guardian Ad Litem Fund
Artificial Reef Program
Rivexwalk Habitat & Restoration
FHFC SHIP 2024-2015
Home Consortium 2014
Hardest Hit fund Advisor Services
Sports Complex Fund
Impact Fees -Library
Impact Fees -Transportation
County Capital
5th Cent Fuel -Capital
Parkland MSBU
Sanitary Landfill Fund
Golf Course Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Water & Sewer District Operations
Water & Sewer District R&R
Water & Sewer Dist. -Cap Facilities
Building Code Fund
Health Insurance Fund
Risk Management Fund
Health Insurance Administration
Tourist Development Trust-Adv Fund
Law Library
Bank Fund
GRAND TOTAL
EXPENSES
816.25
21.24
645.00
329.90
5,066.15
0.00
32,266.22
5,263.72
164,734.93
14,575,63
13,435.00
27.00
161,244,94
9, 971.97
1,029.96
0.00
79,127.17
89,844.82
0.00
2,687.59
226,167.88
1,015.74
0.00
58,362.10
8,817.52
45,441.57
2, 341, 925. 16
PAGE
PAYROLL
0.00
1,645,60
0.00
991.50
932.87
77.90
20,793.04
0.00
0.00
0.00
0.00
0.00
93,235.79
17,210.29
6,074.57
1,071.19
9,113.62
1,637.38
1,509.15
29,690.80
0.00
2,727.61
2,877.97
4,407.16
0.00
0.00
1,200,094.02
Packet Pg. 35
8.A.1
02/19/16
FZABWARR
FUND TITLE
001
001550
001560
001563
001570
001571
001572
001573
001574
101
101002
101003
101004
102
102001
102114
107
107003
107006
129
130
130114
130117
140
162
183
183001
183004
185015
185016
190
310001
318
39013
401
418
451
458
471
478
491
505
611
801
ST. LUCIE COUNTY - BOARD
WARRANT LIST #20- 13-FEB-2016 TO 19-FEB-2016
FUND SUMMARY
General Fund
HUD Shelter Plus Care
Section 112/MPO/FHWA/Planning
HUD CDBG FY 2013
E14PG FY16
Safe Routes to School
HUD Shelter Plus Chronic
HUD Shelter Plus Care Grant
CSBG 2016
Transportation Trust Fund
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Unincorporated Services Fund
Drainage Maintenance MSTU
Citrus & Saeger Strmwtr Treatment
Fine & Forfeiture Fund
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund -Court Related Technology
Parks MSTU Fund
SLC Public Transit MSTU
FTA 5307 FY 2013
FTA 5316 2014 JARC Grant
Airport Fund
Tourism Dev-5th Cent
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
FHFC SHIP 2014-2015
FHFC SHIP 2015-2016
Sports Complex Fund
Impact Fees -Library
County Capital -Transportation Bond
Parkland MSBU
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
Tourist Development Trust-Adv Fund
Bank Fund
GRAND TOTAL:
EXPENSES
94, 169. 94
2, 812.00
992.36
3,414.02
228.18
756.50
10,473.20
9,880.07
593.17
6.00
10,647.71
1, 921.95
18,257.95
1,425.16
1,799.24
2,454.28
163,671.69
42.99
51,179.55
29,490.00
3,392.64
2,291.58
2,966.22
1, 579.34
6, 666.66
1, 882.47
160.00
1, 162.50
2,246.00
1,710.00
30,051.55
1,258.69
33,906.59
6,000.00
52,822.29
8,379.67
61, 543.00
3, 514.50
96,332.45
19, 388.93
765.13
1,776.23
15,502.34
3, 932.65
763,447.39
PAGE
PAYROLL
89.06
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
89.06
0.00
0.00
0.00
0.00
H
0.00
Z
0.00
0.00
0.00
0.00
0.00
N
0.00
0a
0.00
0.00
0.00
y
0.00
J
0.00
0.00
0.00
M
0.00
0.00
O
0.00
M
0.00
V
0.00
0.00
E
0.00
O
0.00
V
0.00
0.00
0.00
89.06
796.80
0.00
0.00
1, 063.98
Packet Pg. 36
8.C.1
ITEM NO. (ID # 3383)
TO:
PRESENTED BY:
SUBMITTED BY:
ci miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Daniel S. McIntyre, County Attorney
County Attorney
DATE
03/01/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
All Aboard Florida - Payment of Legal Defense Invoices through All Aboard
Legal Defense Fund
The County has retained the firm of Oertel, Fernandez, Bryant & Atkinson (the "Firm") to review the Draft
Environmental Impact Statement ("DEIS") submitted by All Aboard Florida ("AAF") to the Federal Railroad
Administration ("FRA") and provide advice as to how to proceed.
Attached is Invoice 14570 dated January 31, 2016 for professional services related to All Aboard Florida:
Administrative and Civil Litigation Options. Staff is requesting that the Board authorize payment of the
invoice from the special fund the Board created to fund the review of the AAF project.
PREVIOUS ACTION:
The Board has approved prior payments from the specified fund on July 7, 2015, September 15, 2015,
October 6, 2015, October 20, 2015, December 15, 2015 and February 9, 2016.
FINANCIAL IMPACT:
Sufficient funds are available in account string #001-1900-531000-1935 (Professional Services).
RECOMMENDATION:
Staff recommends that the Board authorize payment of the attached invoice from the special fund the
Board created pertaining to All Aboard Florida (AAF).
COMMISSION ACTION:
Packet Pg. 37
8.C.1
Coordination/Signatures
' 'ianie/S. McIntyre, C my ttorney 2/17/2016
Updated: 2/17/2016 8:40 AM by Carol Bishop Page 2
Packet Pg. 38
Oertel, Fernandez, Bryant & Atkinson P.A.
Post Office Box I I10
Tallahassee, Florida 32302-1110
FID# 59-2009476
Telephone (850) 521-0700 Facsimile (850) 521-0720
January 31, 2016
Daniel McIntyre, County Attorney
St. Lucie County Invoice # 14570
2300 Virginia Avenue Client # 3919-001
Ft. Pierce, Florida 34982
FOR PROFESSIONAL SERVICES RENDERED
Re: All Aboard Florida; Administrative an Civil Litigation Options
PROFESSIONAL SERVICES
DATE
LAWYER
DESCRIPTION
HOURS
AMOUNT
Janr07-16
SJF
Email D. McIntyre re: AAF bond offering period;
1.20
$330.00
review USACPE application documents
Jan-08-16
SJF
Review McIntyre email, FEC license agreement
0.50
$137.50
Jan-11-16
SJF
Email McIntyre and West re: FEC Crossing
1.20
$330.00
Agreements; FRA field report review
Jan-12-16
SJF
Phone calls with McIntyre and Woodruff; work on COE
1.00
$275.00
application issues
Jan-13-16
SJF
Review ACOE letter re: AAF status; phone call with
0.80
$220.00
Woodruff; conference with Tim Atkinson
TPA
Review COE permit status; confer with Segundo
0.40
$110.00
Fernandez
Jan-15-16
SJF
Monitor WMD issues re: AAF Permits
1.00
$275.00
Jan-20-16
SJF
Email with S. Bush with update; conference with Tim
0.80
$220.00
Atkinson; phone call with Woodruff
TPA
Call with Andy Woodruff on SFWMD permit issues;
0.40
$110.00
emails
Jan-22-16
SJF
Email McIntyre; update
0.40
$110.00
Jan-26-16
SJF
Email S. Bush; update
0.30
$82.50
Packet Pg. 39
I
Matter: 3919-001
Jan-27-16 SJF Work on meeting re: WMD stormwater / ERP; email S.
1.00 $275.00
Bush / update
Jan-29-16 SJF S. Bush email / update; phone call with Dan McIntyre
1.20 $330.00
re: WMD issues, planned meeting; conference call with
D. West
TPA Review permit issues; call with Segundo Fernandez
0.30 $82.50
Total Hours
10.50
Total Fees
;2,887.50
0
>
a�
SUMMARY OF PROFESSIONAL SERVICES
Lawyer Hours Amount
a�
Segundo J. Fernandez 9.40 $2,585.00
J
Timothy P. Atkinson 1.10 $302.50
°
COSTS ADVANCED
Jan-31-16 Telephone - January 2016 1.72
Copies - January 2016 - 20 @ 0.25 5.00
Total Costs Advanced $6.72
Current Charges $2,894.22
Interest Due $0.00
Previous Payments $0.00
Credit Memos $0.00
Previous Balance $3,319.45
Total Balance Due $6,213.67
Packet Pg. 40
8.C.1.a
Feb. 09, 2016 12:59:04
OERTEL FERNANDEZ CODE & BRYANT
Account Summary
Page 1 of 1 1
Date Range
From 111l2016 0:00
To 1 /31 /2016 23:59
Gross Charges Net Charges
391901:
TransTotals for Print: 5.00 5.00
Totals For 391901: 5.00 5.00
Grand Total: 5.00 5.00
Included transaction type(s) Fax. Copy, Disb. Print. Time, Phone.
Packet Pg. 41
8.C.2
ITEM NO. RES-2016-35
TO:
PRESENTED BY:
SUBMITTED BY:
ci irtirrT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Daniel S. McIntyre, County Attorney
County Attorney
DATE: 03/01/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
Resolution - Amendment to Solid Waste Rate Resolution - Item "B"
On February 16, 2016, the Board approved a Fourth Amendment to the May 12, 2009 Exclusive
Residential Collection Service Agreement with Waste Pro of Florida, Inc. On February 16, 2016, the Board
also approved a solid waste rate resolution which allowed different rates and charges to be used when
those rates and charges are authorized in a contract what the Board has approved and adopted pursuant
to a resolution. Unfortunately, the rate resolution adopted on February 16, 2016 referenced prior
Resolution No. 14-089 when it should have referenced prior Resolution No. 15-141. The attached
Resolution corrects the scrivenor's error and references the correct resolution.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board approve the Resolution and authorize the Chairman to sign the
Resolution.
COMMISSION ACTION:
Packet Pg. 42
8.C.2
Coordination/Signatures
Danie S. McIntyre, county ttorney 2/24/2016
Updated: 2/23/2016 11:48 AM by Stephanie Bush Page 2
Packet Pg. 43
8.C.2.a
RESOLUTION NO. 16-XXX
A RESOLUTION ESTABLISHING CERTAIN FEES, CHARGES, AND
BILLING PROCEDURES CONCERNING THE USE OF THE ST. LUCIE
COUNTY GLADES ROAD LANDFILL AND ASSOCIATED FACILITIES;
PROVIDING FOR DIFFERENT FEES AND CHARGES TO BE USED
WHEN THEY ARE AUTHORIZED BY CONTRACTS THAT HAVE BEEN
APPROVED BY RESOLUTION OF THE BOARD; REPEALING AND
SUPERSEDING RESOLUTION NO. 15-141 AND RESOLUTION NO. 16-
025; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board"),
finds:
1. The County owns and operates a solid waste management facility ("Facility")
located at 6120 Glades Cut -Off Road in the City of Fort Pierce, Florida. The County's Facility
includes a Class I landfill, a disposal area for construction and demolition debris, a recycling center,
and related facilities that are used for processing, recycling, and disposing of various types of solid
waste.
2. On August 8, 2015, the Board adopted Resolution No. 15-141, which established
certain "tipping fees" (i.e., disposal fees) and charges that the County will bill and collect for
processing, disposing of, or otherwise managing solid waste and recyclable materials at the
County's Facility. The Board now wishes to amend Resolution No. 15-141 to allow different rates
and charges to be used when such rates and charges are authorized in a contract that the Board
has approved and adopted pursuant to a resolution. For example, the Board wishes to approve
the rates and charges that are authorized in the County's "Fourth Amendment to Exclusive
Residential Collection Service Agreement," which the Board has approved and adopted by
resolution.
3. The fees, charges, and billing procedures established in Section A, below, are
reasonable and appropriate — i.e., the rates fairly compensate the County for the services it
provides when processing, disposing of, or otherwise managing solid waste and recyclable
materials at the County's Facility. The rates, limitations, and other provisions set forth in
Sections A, B, C, D, and E, below, are necessary for the protection of the public health, safety, and
welfare, and thus they in the public interest.
5. This resolution is identical to Resolution 15-141, except for the new provisions that
have been added in Section A.7, below. The new provisions in this section are highlighted with
underlining.
1
Packet Pg. 44
8.C.2.a
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida, that the following fees, charges, and other provisions concerning the use of the
County's Facility are hereby approved and adopted:
SECTION A:
1. Minimum fees for disposal of all solid waste.
a. Automobiles and utility vehicles:
Regular fee $2.50 per load
Uncovered/Unsecured $5.00 per load
b. Vans, trucks, including open bed pick-up trucks, trailers:
Regular fee $4.50 per load
Uncovered fee/Unsecured $9.00 per load
C. Recovered screened material $2.50 per load*
NOTE: *To qualify for this rate, the recovered screened material must be generated when
recycling construction and demolition debris and the recovered screened material
must be suitable for use as initial daily cover in the County's Class I landfill, as
determined by the County's Solid Waste Director.
2. Tonnage rates, applicable to all loads in excess of the minimums set forth in
paragraph 1.
a. Class I waste - all solid waste, except: yard waste, construction and
demolition debris, septage, white goods, hazardous waste, tires, special waste and any solid waste
that cannot be disposed of in the County's Landfill under an applicable federal, state or local
regulation:
Regular fee $41.00 per ton
Uncovered fee/Unsecured $82.00 per ton
b. Construction and Demolition (C&D) - construction and demolition debris,
building materials, and packaging materials:
Regular fee
Uncovered fee/Unsecured
2
$26.00 per ton
$52.00 per ton
Packet Pg. 45
8.C.2.a
C. Yard Waste - vegetative matter resulting from landscaping, yard
maintenance, and land clearing activities:
Regular fee $26.00 per ton
Uncovered fee/Unsecured $52.00 per ton
d. Whole tires:
Minimum fee $0.80 per automobile tires smaller
than 20" rim size for disposal of up to
5 automobile tires
Tonnage rates, applicable for disposal of more than 5 automobile tires (less
than 20" rim size):
Regular fee $ 85.00 per ton
Uncovered fee/Unsecured $170.00 per ton
e. Shredded or salit tires:
Regular fee $51.00 per ton
Uncovered fee/Unsecured $102.00 per ton
f. Large tires: all tires 20" rim size and larger including float tires, truck tires
and off -road tires:
Regular fee $300.00 per ton (No cover required)
g. White goods and other appliances:
Secured fee $2.50 per load
Uncovered/Unsecured fee $5.00 per load
h. Clean Wood:
Regular fee $15.00 per ton
Uncovered fee/Unsecured $30.00 per ton
NOTE: Pressure treated wood and painted wood must be handled as Class I waste.
i. Single Stream Recyclable Materials:
$55.00 per ton
3
a
Packet Pg. 46
8.C.2.a
NOTE: Single stream recyclable materials will only be accepted (1) from a hauler that has
an exclusive franchise for the collection of the residential waste generated in the
unincorporated areas of the County and (2) when the County's Solid Waste Director
determines it is in the public interest to accept such materials from a person or
entity other than the County's exclusive franchisee. The Solid Waste Director or
his designee shall determine which single stream facilities may deliver glass and the
quantity that will be accepted from each facility.
j. Source Separated Food Waste
$55.00 per ton
NOTE: Source separated food waste will only be accepted from a hauler that has an
exclusive franchise for the collection of the residential waste generated in the
unincorporated areas of the County.
k. Baling and Handling Fee for Recyclables:
$8.00 per ton
This rate only applies to the baling and handling of Recyclable Materials delivered
by a hauler that has an exclusive franchise for the collection of the residential waste generated in
the unincorporated areas of the County.
3. Special Wastes - wastes requiring special handling including but not limited to
ashes, asbestos, and contaminated soils:
Regular fee $ 70.00 per ton
Uncovered fee/Unsecured $140.00 per ton
A minimum one ton fee will be charged for the disposal of all special wastes.
4. Spent fluorescent light bulbs:
$.20 per bulb for St. Lucie County businesses
$.40 per bulb for non -county businesses
5. Fees for weighing trucks at the Facility's scale house.
Misc. Weight determination: $10.00 per weighing
6. Out of County Waste: The disposal of solid waste generated outside of St. Lucie
County must be approved by the Solid Waste Director or his designee.
EI
Packet Pg. 47
8.C.2.a
7. Notwithstanding the other provisions contained herein, the County may charge
rates that are different than the rates shown above if the different rates are authorized in a
contract that has been aporoved and adoated by resolution of the Board.
SECTION B.
Municipalities and approved operators shall pay the fees specified in Section A of this
Resolution on a monthly basis, following their receipt of the County's bill for the use of the
County's solid waste management facility.
SECTION C.
All other users of the County's solid waste management facilities shall pay the fees specified
in Section A of this Resolution when they deliver their solid waste or recyclable materials to the St.
Lucie County Landfill, unless the user has entered into a Landfill Use Agreement with the County
and posted the required security.
SECTION D.
Effective March 1, 2016, this Resolution shall repeal, supersede, and replace Resolution No.
15-141 and Resolution No. 16-025.
SECTION E.
All of the rates set out in this Resolution shall take effect on March 1, 2016.
After a motion and second, the vote on this Resolution was as follows:
Chairman Kim Johnson
XXX
Vice Chairman Chris Dzadovsky
XXX
Commissioner Tod Mowery
XXX
Commissioner Paula A. Lewis
XXX
Commissioner Frannie Hutchinson
XXX
PASSED AND DULY ADOPTED this
day of , 2016.
5
Packet Pg. 48
8.C.2.a
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
ml
County Attorney
Packet Pg. 49
8.C.3
ITEM NO. RES-2016-29
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
JoAnn Riley, Property Acquisitions Manager
Property Acquisition Division
DATE: 03/01/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
Resolution - Warranty Deed of Donation for 15-feet of right-of-way on
Cortez Boulevard
On October 3, 2006, the Board of County Commissioners approved Resolution No. 06-236 for the project
known as Cortez Road Multi -Family. Conditions of approval consisted of full signalization at the
intersection of Cortez Boulevard and South 25th Street and construct left turn lanes on Cortez Boulevard
on the east and west sides of South 25th Street. Cortez Townhomes II, L.L.C. had to acquire 15-feet of
right-of-way on Cortez Boulevard to accomplish the conditions. Attached you will find a signed Warranty
Deed of Donation for 15-feet of right-of-way executed by Cortez Townhomes II, L.L.C. for your review and
acceptance.
PREVIOUS ACTION:
October 3, 2006 - Board of County Commissioners approved Resolution No. 06-236 approving a project
known as Cortez Road Multi -Family.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board accept the Warranty Deed of Donation from Cortez Townhomes II,
L.L.C., authorize the Chairman to sign the Resolution and direct staff to record the documents in the
Public Records of St. Lucie County, Florida.
COMMISSION ACTION:
Packet Pg. 50
8.C.3
Coordination/Signatures
' 'ianie/S. McIntyre, C my ttorney 2/19/2016
Updated: 2/19/2016 1:19 PM byJoAnn Riley Page 2
Packet Pg. 51
CORTEZ BLVD RIGHT-OF-WAY DONATION
la Coune� in.kes ea wa<<�nry. •eprese�-'c; en r,�r g.raranly as rn 1.e conlei�, �aau®rce, n.curnc�, tlinsne f: '—pi"'." of nmf of uc JepJara herein.
nre reoxr :]r>r re};,n rFndalsprc•i=dad=+a-sn for m111-1. 51. Lrc e Cu..rya>u^c.Ny-so[I'd-1 w11 -,i udl.9 .wift,'t I.., ran tlre. implied
vN dR I p sr ioce Ge rry ;. t'- 1gY
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9 n`i�` UAZ O.43 0C4
``' Packet Pg. 52
8.C.3.b
This Instrument Prepared By and Return to:
MARK ALLS WORTH, ESQ.
1 177 SE 3rd Avenue
Fort Lauderdale, FL 33316
Property Appraiser's Parcel Identification (Folio Number):
2421-233-0001-010/5
Consideration: $1.00
Doc. Stamps: $0.70
WARRANTY DEED OF DONATION
THIS WARRANTY DEED OF DONATION, made this day of January,
2016, by CORTEZ TOWNHOMES II, L.L.C., a Florida limited liability company, whose post
office address is 7522 Isla Verde Way, Delray Beach, FL 33446, hereinafter called Grantor, to
SAINT LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing
address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, hereinafter called Grantee.
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties to the instrument and the heirs, legal representatives, and assigns of individuals, and
the successors and assigns of corporations, wherever the context so admits or requires.)
WITNESSETH, That Grantor, for and in consideration of the sum of $1.00 and donative
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, donates, aliens,
remises, releases, conveys, and confirms unto Grantee all that certain land, situate in St. Lucie
County, Florida, to -wit:
*LEGAL DESCRIPTION IS ATTACHED HERETO AS EXHIBIT "A"
SUBJECT TO reservations, restrictions, rights -of -way and easements of public record,
provided, however, that this reference shall not serve to re -impose any of the same.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
land in fee simple; that Grantor has good right and lawful authority to donate and convey said
land, and hereby warrants the title to said land and will defend the same against the lawful claims
of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing
subsequent to December 31, 2015.
(Execution of Grantor appears on the following second page.)
Packet Pg. 53
8.C.3.b
IN WITNESS WHEREOF, said Grantor has signed and sealed these presents the day
and year first above written.
Signed, sealed and delivered
in the presence of:
fitness Signature (as to both)
r
Printed Name of Witness #1
t
-Wifness Signature (as to both)
f
Prin Na e 6ii ness #2
STATE OF FLORIDA
COUNTY OF PALM BEACH
CORTEZ TOWNHOMES II, L.L.C.,
a Florid ii it liability company
By:
egg R. Wexler, I nager
t
By:
F.
Linda . Wexler, Manager
I hereby certify that on this day, before me, an officer duly authorized to administer oaths and
take acknowledgments, personally appeared Gregg R. Wexler and Linda S. Wexler, as Managers of
CORTEZ TOWNHOMES 11, L.L.C., a Florida limited liability company, known to me to be the person
described in and who executed the foregoing instrument, wh acknowledged before me that he/she
executed the same, and an oath was not taken. (Check one) Said person is personally known to me.
Said person provided the following type of identification:
10101
Witness my hand and official seal in the County and State last aforesaid this .,:.. day of January,
NOTARY RUBBER STAMP SEAL
DANIELLE A. ROBITAILLE
=gig•• �:
+: MY COMMISSION # EE 878354
�•. 'a EXPIRES: June 26, 2017
8f 4o-' Bonded Thru Notary Public Underwriters
Printed Notary Name:. ), 0 t d l Cb � tat he --
Commission No.: "R�s
Commission Exp.: -7
Packet Pg. 54
I 8.C.3.b I
LEGAL DESCRIPTION
A parcel of land lying in Section 21, Township 35
South, Range 40 East, St. Lucie County, Florida,
being more particularly described as follows;
Begin at the intersection of the North
right—of—way line of Cortez Boulevard (a 50.00 foot
wide right---of—way), and the East right—of—way line
of South 25th Street (a 80.00 foot wide
right—of—way); as they now exist (December 18,
2008); thence North 02°18'54" West, along said East
right—of—way line, a distance of 40.02 feet; thence
South 45°41'14" East a distance of 36.35 feet;
thence South 89°03'35" East a distance of 372.74
feet; thence South 00°56'25" West a distance of
15.00 feet to said North right—of—way line; thence
North 89°03'35" West, along said North
right—of—way line, a distance of 396.89 feet to the
POINT OF BEGINNING.
Containing 0.144 acres, more or less.
NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN
HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN
CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT—OF—WAY AND/OR EASEMENTS OF RECORD.
"v ichael T. Kolodziejczyk _ Signature Date
Protessioncl Surveyor and Mapper
Ronda Cei-titicate No. 3864
DESCRIPTION
OF
RIGHT—OF—WAY
REVISION: CHANGED SIGNING SURVEYOR GLM 5-18-2011 Sheet 1 of 2 11
File: 08-338s&d CULPEPPER & TERPENING, INC
rw.dwg CONSULTING ENGINEERS I LANE) SURVEYORS
Date: 12-18-2008 2980 SOUTH 25th STREET
FORT PIERCE, FLORII)A 34981
PHONE 772-464-3537 FAX 772-4649497
Tech: GLM www.ct-eng.com
STATE of Fr_oiuD�cEr�Tir.Ick-�10�.packet Pg. 55
SKETCH TO AC&.jMPANY I C"AL o
LEGAL DESCRIPTION MIGHT -OF -WAY
THIS IS NOT A SURVEY
SOUTR 25th STREET
80.00' RIGHT-OF-WAY
Top
GRAPHIC SCALE
60 0 30 60
( IN FEET )
I inch - 60 fL
POB = POINT OF BEGINNING
BEARINGS SHOWN HEREON ARE ASSUMED AND
RELATIVE TO THE NORTH RIGHT—OF—WAY LINE OF
CORTEZ BOULEVARD RAVING A BEARING OF
N89'03'35"E
SKETCH OF DESCRIPTION
OF
RIGHT--OF-WAY
PUB NO2-18'54OW
40.02' EAST RIGHT-OF-WAY
tK
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rm
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V
I 8.C.3.b I
S00'56'25"W
115.00' Sheet 2 of 2
File: 08-338s&d CULPEPPER & TERPENfNG, INC
rw.dwg CONSULTING ENGINEERS I LAND SURVEYORS
Date: 12-18-2008 2980 SOUTH 25th STREET
FORT PIERCE, FLORIDA 34981
PHONE 772-464-3537 FAX 772-464-9497
wwvrw.ct-cng.com
Tech: GLM ,"rATE OF FLORJDA CERTTFTCATIO\ No. LIS 4286
Packet Pg. 56
8.C.3.c
that:
RESOLUTION NO. 2016-xxx
A RESOLUTION ACCEPTING A
WARRANTY DEED OF DONATION
ON BEHALF OF ST. LUCIE COUNTY, FLORIDA
BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida,
The foregoing Warranty Deed of Donation from Cortez Townhomes II, L.L.C. is duly
accepted on behalf of St. Lucie County this 1" day of MARCH, 2016.
ATTEST:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
w
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
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RESOLUTION NO. 06-236
FILE NO.. WSP-O"I
A RESOLUTION GRANTING MAJOR SITE PLAN
APPROVAL FOR THE PROJECT TO BE KNOWN AS
CORTEZ ROAD MULTI -FAMILY
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and
evidence, including, but not limited to the staff report, has made the following determinations:
1. Wexler Development. LLC, has applied for Major Site Plan approval for the project to be
known as Cortez Road Multi -Family consisting of 93 multiple -family units in 12 buildings for
Property located at the south side of Cortez Boulevard, approximately 750 feet east of the
intersection of South 251h Street and Cortez Boulevard in the RM-5 (Residential, Multiple -
Family — 5 du/ac) Zoning District for the property described in Part B.
2. The Development Review Committee has reviewed the site plan for the proposed project and
found it to meet minimum technical requirements of the St. Lucie County Land Development
Code and to be consistent with the future land use maps from the St. Lucie County
Comprehensive Plan.
3. The proposed project is consistent with the general purpose, goals, objectives, and standards
of review of the St. Lucie County Land Development Code, the St. Lucie County
Comprehensive Plan, and the Code of Ordinances of St. Lucie County.
4. The proposed project will not have an undue adverse effect on adjacent property, the
character of the neighborhood, traffic conditions, parking, utility facilities, or other matters
affecting the public health, safety, and general welfare.
5. All reasonable steps have been taken to minimize any adverse effect of the proposed project
on the immediate vicinity through building design, site design, landscaping and screening.
6. The proposed project will be constructed, arranged and operated so as not to interfere with
the development and use of neighboring property, in accordance with applicable district
regulations.
7. The proposed project will be served by adequate public facilities and services.
8. The applicant has applied for and received a certificate of capacity, a copy of which is
attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land
Development Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida:
A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site plan for
the project known as Cortez Road Multi Family, is hereby approved as shown on the site plan
drawings for the project prepared by MBV Engineering, Inc., dated, October, 2005, and date
stamped received by the St. Lucie County Growth Management Director on September 13, 2006,
FikeNo: MJSP4)6-001 EDWIN M, FRY, Jr., CLERK OF THE CIRCUIT COURT Resolution No. 06-236
October 3, 20M SAINT LUCIE COUNTY Page 1
FILE A 2945530 10/17J2006 at 11:07 AM
OR BOOK 2679 PAGE 1650 - 1658 Doc Type: RESO
RECORQING $78.00
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for the property described below, subject to the following conditions:
_ Prior to the issuance of any St. Lucie County construction permits for the project, the
developer, his successors or assigns shall provide the St. Lucie County Growth
Management Department documentation from the North St. Lucie River Water
Management District which will indicate their approving the road construction within the
canal right-of-way.
2. Prior to the issuance of the first Certificate of Occupancy for the project, the developer, his
successors or assigns, shall install full signal ization at the intersection of Cortez Boulevard
and South 25'" Street,
3. Prior to the issuance of the first Certificate of Occupancy for the project, the developer, his
successors or assigns, shall construct left turn lanes on Cortez Boulevard on the east and
west sides of South 25`" Street.
4. Prior to the issuance of the first Certificate of Occupancy for the project, the developer, his
successors or assigns, shall construct Cortez Boulevard to County standards from South
25t' Street to the easterly properly line of the subject parcel.
5. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, an executed
(signed) and recorded copy of the Conservation Easement must be provided to
Environmental Resource Department.
6. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the Habitat
Management and Monitoring Plan shall be recorded in the public reoords of the Countyand
shall of a minimum identify the area covered by the plan, its ownership, and assignment of
management and maintenance responsibility.
Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the finalized
Homeowners Association (HOA) documents must be provided to Environmental Resource
Department. The HOA documents, at a minimum, should specify restrictions on any
encroachment into the Preserve Areas as well as restrictions on vegetation removal
outside the building pad areas, At a minimum the documents shall include:
a. Language which notifies prospective property owners that the association property
includes preservation areas which are protected under conservation easements;
and
b. Language which informs the prospective property owners that the preservation
areas may not be altered from their natural/ permitted condition with the exception
of: exotic vegetation removal, or restoration in accordance with the approved
Habitat Management and Monitoring Plan.
8. Prior to the issuance of a St. Lucie County Vegetation Removal Permit for the Cortez Road
Multi -Family Project site, the developers, their successor or assigns, shall plant, with
sufficient, appropriate native vegetation, any areas within the Conservation Easement area
that currently do not provide a solid visual buffer or that are left bare due to the removal of
exotic vegetation.
9. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, a pre -construction
meeting will be required with the applicant's environmental consultant, St. Lucie County
staff, and site clearing manager and construction manager of the project to ensure that
HeNo: WSP-06-001
October 3, 2006
Resolution No. 06-236
Page 2
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proper protocol is followed should any wildlife or wildlife nests be encountered, native
understory vegetation is protected, the critical root zones are protected, supplemental
irrigation is provided where necessary, and any necessary pruning is conducted by a
qualified arborist. Construction plans shall include the types and locations of vegetation -
protection barricades and these plans shall be provided to construction personnel and
Environmental Resource Department staff prior to issuance of a St. Lucie County
Vegetation Removal Permit_
10. Prior to issuance of any building permits or vegetation removal permits for any portion of
the Cortez Multi -Family site, the developers, their successor or assigns, shall submit to St.
Lucie County Environmental Resources Department all correspondence with applicable
jurisdictional agencies regarding wetland and surface water jurisdictions, and if applicable,
approved permits, allowed impacts, and required mitigation.
B. The property on which this Major Site Plan is being granted is described as follows:
PARCELI:
THE NORTHEAST'/. OF THE NORTHWEST'/. OF THE SOUTHWEST'/.OF SECTION 21, TOWNSHIP
35 SOUTH, RANGE 40 EAST; LESS THE RIGHT-OF-WAY FOR ROADS AND CANALS, ALL OF THE
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE WEST 30 FEET
THEREOF.
PARCEL 2:
THE NORTH TEN ACRES OF THE FOLLOWING; THE WEST % OF THE SOUTHWEST '/. OF THE
NORTHEAST'/. OF THE SOUTHWEST'/. AND THE SOUTHEAST OF IA OF THE NORTHWEST'/<OF
THE SOUTHWEST'/a OF SECTION 21, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LYING AND BEING
IN ST. LUCIE COUNTY, FLORIDA.
(TAX I D#: 2421-313-0001-00017 & 2421-321-0001-00012)
(Location: South side of Cortez Boulevard, approximately 750 feet east of the intersection of
South 2e Street and Cortez Boulevard.)
C. The approvals and authorizations granted by this Resolution for the purpose of obtaining building
permits on this property, shall expire on October 3, 2008, unless the developer has obtained
building permits for the site plan described in Part A or an extension has been granted in
accordance with Section 11.02.06, St. Lucie County Land Development Code,
D. The Final Site Plan approval granted under this resolution is specifically conditioned to the
requirement that the petitioner, Wexler Development, LLC, including any successors in interest,
shall obtain all necessary development permits and construction authorizations from the
appropriate State and Federal regulatory authorities, including but not limited to; the United States
Army Corps of Engineers, the Florida Department of Environmental Protection, and the South
Florida Water Management District, prior to the issuance of any local building permits of
authorizations to commence development activities on the property described in Part B.
E. A copy of this resolution shall be attached to the site plan drawings described in Part A, which
plan shall be placed on file with the St. Lucie County Growth Management Director.
FileNo: MJSP-06-001 Resolution No. 06-236
October 3, 2006 Page 3
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F. The certificate of capacity, attached as Exhibit A, shall be valid for the same period as this order.
If this order expires or otherwise terminates, the certificate of capacity shall automatically
terminate.
G. A copy of this Order shall be mailed, return receipt requested to the developer and agent of
record as identified on the site plan applications.
H. A copy of this Order shall be attached to the site plan drawings described in Section A, which plan
shall be on file with the St. Lucie County Growth Management Director,
I. This Order shall be recorded in the Public Records of St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chairman Doug Coward AYE
Vice -Chairman Chris Craft AYE
Commissioner Paula A. Lewis AYE
Commissioner Frannie Hutchinson AYE
Commissioner Joseph E. Smith AYE
PASSED AND DULY ADOPTED this 3rd Day of October, 2006.
ATTEST: f ..
t�
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY o
Chairman --
APPROVED AS TO FO
AND CORR CTNESS .f p
BY
C unty Attomi
tap
HAWORDTLANNINGICortex Road Multi Fam!WRMF MajorrStePWRFS.doc
FileNo: MJSP-06-001
October 3, 2006
Resolution No. 06-236
Page 4
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FileNo: MJSP-06-001
October 3, 20D6
Exhibit A
Certificate of Capacity
Resolution No. 06-236
Page 5
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St Lucie County
Certificate of Capacity
Date 9/28/2006 Certificate No. 2519
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
Number of units 93 Number of square feet
2. Property legal description & Tax ID no.
242131300010007;242132100010002
Cortez Rd., approx. 1,000' E of 25th St.
Cortez. Road Multi -Family
3. Approval: Building
Resolution No, 06-236 Letter
4. Subject to the following conditions for concurrency:
Conditions stated in Res. No. 06-236.
Owner's name
Wexler Development LLC
Address
1663 Congress Avenue
West Palm Beach FL 33406
6. Certificate Expiration Date 10/3/2008
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signed /, Date: 9/28/2006
Growth Management Director
St Lucie County, Florida
Thursday, September 28, 2006
Page 1 of 2
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Zoning Cortez Road Multi -Family
Legend
® Subject parcel
cityof Fl.
-.._--- Pierce0 150 300 450 fibb
Feet
RS-4
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Future La"hd Use
Legend
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RU
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RM
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r✓� RU
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Packet Pg. 66
8.C.4
ITEM NO. RES-2016-34
AGENDA REQUEST
TO: Board of County Commissioners
DATE: 03/01/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
PRESENTED BY: JoAnn Riley, Property Acquisitions Manager
SUBMITTED BY: Property Acquisition Division
SUBJECT: Florida Department of Transportation Midway Road Project from west of
South 25th Street to east of U.S. 1 - County property portion of Parcel ID
3405-411-0003-000-5 - License Agreement and Resolution
BACKGROUND:
The Florida Department of Transportation (FDOT) is designing and permitting improvements to Midway
Road (C.R. 712) from west of South 25th Street to east of U.S. 1. The project is being designed in
accordance with the Project Development and Environmental (PD&E) Study completed in 2009. Midway
Road will be widened to a four -lane divide roadway with designated bike lanes, a 12-foot wide shared use
path on the south side, and a six-foot wide sidewalk on the north side of the roadway. Furthermore, the
project utilized a context sensitive design approach keeping existing connections to the side streets with
designated turn lanes to the extent possible. Likewise, the signals at South 25th Street, Oleander Avenue,
and U.S. 1 will be upgraded and a new signal at Sunrise Boulevard will be installed. Furthermore, native
trees will be installed within the medians and decorative pedestrian and roadway lighting meeting FDOT
lighting criteria will be installed adjacent to the shared use path and sidewalk.
On December 1, 2015, the Board of County Commissioners donated 1,631 square feet of the County's
pond site at the southwest corner of South 25th Street and Midway Road to FDOT.
On February 17, 2016, County staff received a request from FDOT for a License Agreement and Resolution
to allow for sloping, grading, tying in, harmonizing and reconnecting existing features of the County
property.
PREVIOUS ACTION:
September 7, 2010 - Board of County Commissioners approved the Contract for Sale and Purchase from
WMW, LLC to construct a pond site for the four-laning of Midway Road from South 25th Street to Selvitz
Road.
December 1, 2015 - Board of County Commissioners approved a Donation of Property Agreement from
the Florida Department of Transportation.
Packet Pg. 67
8.C.4
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board authorize the Chairman to execute the License Agreement and Resolution
and authorize staff to record the documents in the Public Records of St. Lucie County.
COMMISSION ACTION:
Coordination/Signatures
Danie YS. M"'Intyre,torney 2/23/2016
Updated: 2/22/20164:24 PM byJoAnn Riley Page 2
Packet Pg. 68
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k
N
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f
GRAY TWIG LN
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WMW, LLC property
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8.C.4.b
09-L.11-12/97
This instrument prepared Parcel No. 907.1
under the direction of: --Item/Segment No. 2314402
Laurice C. Mayes, Esq. �y Section: 94530-2510
Legal Description prepared by Managing District: 04
Louis Cefolia, P.S.M. (01-16-14) C.R. No. 712
Document prepared by: County: St. Lucie
Grace K. Abel (01-17--14)
Department of Transportation
3400 W. Commercial Boulevard
Ft. Lauderdale, Florida 33309
LICENSE
This Agreement made the day of , 201
between ST. LUCIE COUNTY, a political subdivision of the State of
Florida, whose address is: 2300 Virginia Avenue, Fort Pierce, Florida
34982-5632, herein called licensor, and the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, herein called licensee.
In consideration of the benefits accruing unto the licensor, the
parties agree as follows:
Licensor hereby grants to licensee a license to occupy and use,
subject to all of the terms and conditions hereof, the following
described premises:
Parcel No. 907
Item/Segment No. 2314402
Section: 94530-2510
A portion of the Southeast One -Quarter (SE 1/4) of Section 5, Township
36 South, Range 40 East, St. Lucie County, Florida; said portion lying
adjacent to the Westerly line of Parcel 101 and extending Westerly no
more than 15.00 feet between Baseline of Survey Stations 33+04.54 and
35+45.33, as shown on the Florida Department of Transportation Right
of Way Map for Item/Segment No. 2314402, Section 94530-2510.
AND
A portion of the Southeast One -Quarter (SE 1/4) of Section 5, Township
36 South, Range 40 East, St. Lucie County, Florida; said portion lying
adjacent to the Westerly Existing Right of Way line of County Road 615
(S. 25th Street/N.W. St. James Drive) and extending Westerly no more
than 15.00 feet between Baseline of Survey Stations 35+45.33 and
35+80.11, as shown of the Florida Department of Transportation Right
of Way Map for Item/Segment No. 2314402, Section 94530-2510.
The premises may be occupied and used by licensee solely for sloping,
grading, tying in, harmonizing and reconnecting existing features of
the licensor's property with the highway improvements which are to be
constructed together with incidental purposes related thereto during
the period beginning with the date first above written and continuing
until completion of the transportation project, but not later than the
last day of May 2020.
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The making, execution and delivery of this agreement by licensor has
been induced by no representations, statements, warranties, or
agreements other than those contained herein. This agreement embodies
the entire understanding of the parties and there are no further or
other agreements or understandings, written or oral, in effect between
the parties relating to the subject matter hereof.
IN WITNESS WHEREOF, the said licensor has signed and sealed these
presents the day and year first above written.
ATTEST:
Print Name:
Clerk (or Deputy Clerk)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attorney
ST. LUCIE COUNTY, FLORIDA
By Its Board of County
Commissioners
By:
Print Name:
Its Chairperson
(or Vice -Chairperson)
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L.12-12/97
This instrument prepared Parcel No.
under the direction of: Item/Segment No.
Laurice C. Mayes, Esq. Section:
Legal Description prepared by: Managing District:
Louis Cefolia, P.S.M. (01-16-1 ) C.R. No.
Document prepared by: County:
Grace K. Abel (01-17-14)
Department of Transportation
3400 W. Commercial Boulevard
Ft. Lauderdale, Florida 33309
R E S O I. U T T O N
ON MOTION of Commissioner
seconded by Commissioner
the following Resolution was adopted:
907.1
2314402
94530-2510
04
712
St. Lucie
WHEREAS, the State of Florida Department of Transportation proposes to
construct or improve County Road No. 712 (Midway Road), Item/Segment No.
2314402, Section: 94530-2510, in St. Lucie County, Florida: and
WHEREAS, it is necessary that certain lands now owned by
St. Lucie County, Florida, be used temporarily by the State of Florida for
the use and benefit of the State of Florida Department of Transportation: and
WHEREAS, said use is in the best interest of the County: and
WHEREAS, the State of Florida Department of Transportation has made
application to said County to execute and deliver to the State of Florida
Department of Transportation a license agreement, or agreements, in favor of
the State of Florida, for the purpose of sloping, grading, tying in,
harmonizing and reconnecting existing features of the licensor's property
with the highway improvements which are to be constructed together with
incidental purposes related thereto, and said request having been duly
considered.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida, that the application of the State of Florida
Department of Transportation for a license agreement or agreements are for
transportation purposes which are in the public or community interest and for
public welfare; that a license agreement or agreements, in favor of the State
of Florida, in St. Lucie County, should be drawn and executed by this Board
of County Commissioners. Consideration shall be $
BE IT FURTHER RESOLVED that a certified copy of this Resolution be
forwarded forthwith to the State of Florida Department of Transportation at
3400 W. Commercial. Boulevard, Ft. Lauderdale, Florida 33309.
STATE OF FLORIDA
COUNTY OF ST. LUCIE
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution
adopted by the Board of County Commissioners of St. Lucie County, Florida at
a meeting held on the day of , 201
Print Name•
Clerk
Board of County Commissioners
St. Lucie County, Florida
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8.C.5
ITEM NO. (ID # 3283)
TO:
PRESENTED BY:
SUBMITTED BY:
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BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Heather Young, Asst. County Attorney
County Attorney
DATE
03/01/2016
*CONSENT AGENDA\COUNTY
ATTORNEY
Disposal of Abandoned/Derelict Aircraft -Authorize Sale of
Derelict/Abandoned 1976 Cessna 402B and 1981 Cessna 402C
Two aircraft were abandoned at the St. Lucie County International Airport several years ago when their
owner, Florida Coastal Airlines, Inc., ceased its local operations. The aircraft are identified as follows:
1976 Cessna 402B (Serial Number 40213-1090 and Registration Number N567JS) and 1981 Cessna 402C
(Serial Number 402C-0496 and Registration Number N78FC). While not operational, the parts of the
aircraft do appear to have market value. Florida Coastal has not responded to attempts by the Airport
Manager or the Fort Pierce FBO to contact it regarding removal of the aircraft. In order to prevent a
safety hazard or vandalism, the aircraft have been moved into a hangar for safekeeping.
Section 705.183, Florida Statutes, establishes the procedures for disposal of abandoned and/or derelict
aircraft on public use airports. In order to remove the aircraft from the airport, staff is requesting
authorization to proceed with a sale of the aircraft pursuant to Section 705.183(4). The minimum opening
bid will include the storage costs.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the Board authorize the sale of the abandoned/derelict aircraft, 1976 Cessna 402B
(Serial Number 40213-1090 and Registration Number N567JS) and 1981 Cessna 402C (Serial Number 402C-
0496 and Registration Number N78FC) pursuant to Section 705.183, Florida Statutes.
COMMISSION ACTION:
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Coordination/Signatures
' 'ianie/S. McIntyre, C my ttorney 2/24/2016
Updated: 2/23/2016 11:33 AM by Katrina Slay Page 2
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ITEM NO. (ID # 3375)
TO:
PRESENTED BY:
SUBMITTED BY:
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BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Matt Baum, Parks & Special Facilities Manager
Parks & Special Facilities Division
Marchin' It to Our FURever Homes
DATE
03/01/2016
*CONSENT AGENDA\PARKS,
RECREATION & FACILITIES
The Andrew Schmeer Foundation would like to use the Savannas Recreation Area Dog Park to hold a
leisurely community dog walk on Saturday, March 12, 2016 from 9:00 a.m. to 12:00 p.m. The foundation
is a registered 501(c)(3), and the organization and event meet the requirements of the St. Lucie County
Facility Use Policy for fee waivers. The "Marchin' It to Our FURever Homes" event is a chance for dog
lovers to get active with their pets while raising money for a good cause. Profits from this event will
benefit "Dogs and Cats Forever" Pet Rescue. This walk will be a great opportunity for socializing while
gathering information from local pet supporters. It will be a great way to raise money and will be a fun
time for all.
The foundation would like to hold a Pet Expo within the event and ask area veterinarians, pet stores,
animal rescue groups and pet services to participate. Everyone will be encouraged to take their
companion on a paw friendly (non -paved) dog route and end up at the Expo. This will be an exciting
opportunity for people to get out with their beloved pets, get exercise and raise money for much needed
supplies and animal care for "Dogs and Cats Forever" pet rescue.
The foundation is requesting that the facility rental fee of $159.75 be waived for this event, as all funds
raised will be donated to "Dogs and Cats Forever" in St. Lucie County.
PREVIOUS ACTION:
The Andrew Schmeer Foundation held the "Waggin' It for TJ and MY' event at the Savannas Recreation
Area Dog Park on Saturday, September 12, 2015, from 4:00 p.m. to 6:00 p.m. Profits from the event
provided scholarships to help fund research on Addison's disease, a health issue among our K9 friends. A
Pet Expo was held within the event last September and area veterinarians, pet stores, animal rescue
groups and pet services were asked to participate. The foundation was granted a waiver of the facility
rental fee of $79.88 for the event.
FINANCIAL IMPACT:
If the fee waiver is approved, the County will forego $159.75 in facility use fees.
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RECOMMENDATION:
Staff recommends Board approval to waive the facility rental fee of $159.75 as outlined in this agenda
memorandum and authorization for the Chairman to sign documents as approved by the County
Attorney.
COMMISSION ACTION:
Coordination/Signatures
e� A
Edward Matthews, Parks, Refreafion & Fa o7e-5 Director 2/19/2016
anie . McIntyre, C my ttorney 2/19/2016
updated: 2/19/2016 12:53 PM by Patty Marston-Duva Page 2
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8.K.1.a
St. Lucie County Savannas
1400 E. Midway Rd.
Ft. Pierce, A. 34982
772-464-7855
Date:
February 8, 2016 Wendy Clark, Campground Coordinator
Event:
Marchin' It to Our FURever Homes
Event Date
v,
Contact Name:
Donna Haynes
3/1212016
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0
x
Address:
Telephone:
772-528-1523
Fax:
D
Email Address:
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ESTIMATE OF FEES:
0
Facility Rental:
_
Fees
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Dog Park
$200.00
25% Local Non -Profit Discount
-$50.00
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Total Facility Rental Fees
$150.00
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Personnel:
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Custodian
20 hours @ $18.00Ihour
$0.00
Event Specialist
2 hours @ $25/hour
$50.00
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Total Estimated Personnel Fees
$50.00
x
Miscellaneous:
Prepared By: Wendy Clark
$0.00
Total Miscellaneous Fees $0.00
TOTAL PRETAX FEES $200.00
Sales Tax 6.5% (Facility Rental) $9.76
TOTAL FEES $209.76
Waiver Requested $159.76
Lessee Initials
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8.L.1
ITEM NO. RES-2016-31
AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY: John Wiatrak, Airport Manager
SUBMITTED BY: St. Lucie County International Airport Division
DATE: 03/01/2016
*REGULAR AGENDA\PLANNING
& DEVELOPMENT SERVICES
SUBJECT: Acceptance of Florida Department of Transportation (FDOT) Joint
Participation Agreement (JPA) for the Rehab of Taxiway E South of Runway
14/32 at the St. Lucie County International Airport
BACKGROUND:
This project consists of the rehabilitation of Taxiway E South of Runway 14/32. For safety reasons, the
FAA requires airports to maintain the runways and taxiways in excellent condition. As this is an FAA
requirement, it will be FAA funded at 90%,
This agenda item is to request acceptance of the attached Joint Participation Agreement and Resolution
for this project. This JPA is for an FDOT (5%) contribution of $27,500 and a local match contribution (5%)
of $27,500. The projected FAA contribution (90%) will be $495,000 for a total project cost of $550,000.
Per the JPA, this project is to be completed by 3/31/2018.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient Local Match Funding ($27,500) is part of the FY2016 Airport Budget Requests.
RECOMMENDATION:
Staff recommends Board approval of Resolution accepting the attached FDOT JPA for the Rehab Taxiway E
South of Runway 14/32 at the St. Lucie County International Airport, and authorization for the Chair to
sign documents as approved by the County Attorney.
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8.L.1
Coordination/Signatures
L li I , DirectoIV larming & Development Services 2/23/2016
anie SWmcinty're,c� orney 2/24/2016
Updated: 2/22/2016 9:50 AM by Bonnie Landry A Page 2
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RESOLUTION
A RESOLUTION ACCEPTING THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION PUBLIC
TRANSPORTATION JOINT PARTICIPATION AGREEMENT
(FIN. PROJ. NO. 436384-1-94-01) FOR THE REHAB
TAXIWAY E SOUTH OF RUNWAY 14/32 AT ST. LUCIE
COUNTY INTERNATIONAL AIRPORT PROJECT AND
AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENT
AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO
EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM
AND CORRECTNESS
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. The Florida Department of Transportation has awarded the County funding
for the REHAB TAXIWAY E SOUTH OF RUNWAY 14/32 PROJECT (Fin. Proj. No. 436384-1-
94-01).
2. The Board should authorize and approve execution of the Public Transportation
Supplemental Joint Participation Agreement with the State of Florida Department of
Public Transportation for the above -referenced project.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida:
1. The Board hereby accepts and approves the Public Transportation
Joint Participation Agreement with the State of Florida (Fin. Proj. No. 436384-1-94-01)
to provide funding for the Rehab Taxiway E South of Runway 14/32 at the St. Lucie
County International Airport. The Board hereby authorizes the Chair to execute the
above -referenced agreement and further authorizes the County Attorney to execute the
agreement by approving it as to form and correctness.
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After motion and second, the vote on the resolution was as follows:
Chairman Kim Johnson
Vice -Chair Chris Dzadovsky
Commissioner Paula Lewis
Commissioner Tod Mowery
Commissioner Frannie Hutchinson
PASSED AND DULY ADOPTED this day of
ATTEST:
DEPUTY CLERK
2016.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
APPROVED AS TO FORM AND
CORRECTNESS:
2
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
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Financial Project No.: Fund: DPTO FLAIR Approp.: 088719
436384-1-94-01 Function: 637 FLAIR Obj.: 740100
(item -segment -phase -sequence) Federal No.: 405386 Org. Code: 55042010429
Contract No.: DUNS No.: 80-939-7102 Vendor No.: VF596000835010
CFDA Number: Agency DUNS No.: CSFA Number: 55.004
CFDA Title: CSFA Title: Aviation Grant Program
THIS AGREEMENT, made and entered into this day of
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by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
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hereinafter referred to as the Department, and St. Lucie County
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3000 Curtis King Boulevard Fort Pierce, FL 34946
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hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
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on or before 3/31/2018 and this Agreement will expire unless a time extension is provided
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in accordance with Section 16.00.
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WITNESSETH:
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WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
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and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
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the implementation of an integrated and balanced transportation system and is authorized under
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332.006(6) Florida Statutes, to enter into this Agreement.
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NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
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as follows:
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1.00 Purpose of Agreement: The purpose of this Agreement is
Rehab Taxiway E South of Runway 14/32 at St Lucie County International Airport
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and as further described in Exhibit(s) A,B,C & D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
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2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws.
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 Agency 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
Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. The Department has the option to require
an activity report on a quarterly basis. The activity report will include details of the progress of the project towards completion.
3.00 Project Cost: The total estimated cost of the project is $ 550,000.00 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this
Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ 27,500.00 as detailed in Exhibit "B", or in an amount equal to the c
percentage(s) of total project cost shown in Exhibit "B", whichever is less. N
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4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective W
date of this agreement. It is understood that State participation in eligible project costs is subject to: Iq
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or
other obligating documents as required by the Department, and all other terms of this Agreement;
(c) Department approval of costs in excess of the approved funding or attributable to actions which have not received
the required approval of the Department and all other terms of this Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
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4.20 Front End Funding : Front end funding ❑ is 0 is not applicable. If applicable, the Department may initially pay m
100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph t
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5.00 Project Budget and Payment Provisions:
5.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in conformity with
the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement, or Amendment
thereto, and is approved by the Department Comptroller.
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5.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the project or project phase is scheduled
in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is
submitted with the final payment due upon receipt of a final invoice. Payment shall be made only after receipt and approval of goods
and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and
216, Florida Statutes. If the Department determines that the performance of the Participant is unsatisfactory, the Department shall
notify the Participant of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the
Department. The Participant shall, within five days after notice from the Department, provide the Department with a corrective action
plan describing how the Participant will address all issues of contract non-performance, unacceptable performance, failure to meet
the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable
to the Department, the Participant shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount.
The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Participant
resolves the deficiency. If the deficiency is subsequently resolved, the Participant may bill the Department for the retained amount
during the next billing period. If the Participant is unable to resolve the deficiency, the funds retained may be forfeited at the end of
the Agreement's term.
6.00 Accounting Records:
6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with
requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments",
separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are
referred to herein collectively as the "project account". Records of costs incurred under terms of this Agreement shall be maintained
in the project account and made available upon request to the Department at all times during the period of this Agreement and for
five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon
request. Records of costs incurred include the Agency's general accounting records and the Project records, together with
supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of
the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or
audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit
findings involving the records have been resolved.
6.20 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
6.30 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
6.40 Checks, Orders, and Vouchers: Any check or order drawn by the Agency 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 Agency 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, and, to the extent feasible, kept separate and apart from all other such
documents.
6.50 Audit Authority: The administration of Federal or State resources awarded through the Department to the Agency by
this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority
of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial
assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state
official. The Agency shall comply with all audit and audit reporting requirements as specified below.
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Part I Federally Funded:
1. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal
years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on -site visits by
Department staff and/or other procedures including, reviewing any required performance and financial reports, following
up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those
findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement,
the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the
Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General.
2. The Agency, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or
after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is
subject to the following requirements:
a. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by
OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200,
Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a
Federal single or programspecific audit conducted for such fiscal year in accordance with the provisions of OMB
Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR
Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014.
Exhibit to this Agreement provides the required Federal award identification information
needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning beforE
December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the Agency must
consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the
Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance
with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance
with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will
meet the requirements of this part.
b. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities
as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR
Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014.
c. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014, in Federal awards, the Agency is exempt from Federal audit requirements fc
that fiscal year. However, the Agency 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 Agency's audit period for each
applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for
fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit
Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects
to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014, the cost of the audit must be paid from non -Federal resources (i.e., the cost
of such an audit must be paid from the Agency's resources obtained from other than Federal entities).
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d. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https://harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal
years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's
report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by
OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200,
Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement.
However, the Department requires a copy of the audit reporting package also be submitted to
FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine
months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before DecembE
26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after
December 26, 2014.
e. Upon receipt, and within six months, the Department will review the Agency's audit reporting package, including
corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate
action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this
Agreement. If the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for
fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy
noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional
conditions, the Department may take appropriate actions to enforce compliance.
As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or
State of Florida Auditor General access to the Agency's records including financial statements, the independent
auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or
litigation shall be retained until the action is complete or the dispute is resolved.
g. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAudit@dot.state.fl.us
Part II State Funded:
1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to
monitor the Agency's use of state financial assistance may include but not be limited to on -site visits by Department staff and/or
other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and
issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance
awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate
fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of
Financial Services (DFS) or State of Florida Auditor General.
2. The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial
assistance awarded by the Department through this Agreement is subject to the following requirements:
a. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the
Agency must have a State single or project -specific audit conducted for such fiscal year in accordance with Section
215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
Exhibit to this Agreement indicates state financial assistance awarded through the Department
by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes.
In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state
financial assistance, including state financial assistance received from the Department by this Agreement, other state
agencies and other nonstate entities. State financial assistance does not include Federal direct or pass -through
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awards and resources received by a nonstate entity for Federal program matching requirements.
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b. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of
Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section
215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General.
c. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida
Statutes. However, the Agency must provide a single audit exemption statement to the Department at
FDOTSingleAudit@dot.state. fl.us no later than nine months after the end of the Agency's audit period for each
applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section
215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such
an audit must be paid from the Agency's resources obtained from other than State entities).
d. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rule
of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingleAudit@dot.state.fl.us
And
State of Florida Auditor General
Local Government Audits/342
111 W Madison Street, Room 401
Tallahassee, FL 32399-1450
e. 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.
f. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying
the reporting package.
g. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including
corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the
Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida
Statutes, the Department may take appropriate corrective action to enforce compliance.
h. As a condition of receiving state financial assistance, the Agency shall permit the Department, or its designee, DFS or
the Auditor General access to the Agency's records including financial statements, the independent auditor's working
papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be
retained until the action is complete or the dispute is resolved.
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The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years
from the date the audit report is issued and shall allow the Department, or its designee, DFS or State of Florida Auditor General
access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department,
or its designee, DFS or State of Florida Auditor General upon request for a period of five years from the date the audit report is
issued unless extended in writing by the Department.
6.60 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will
maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or
casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall
either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility.
The Department may waive or modify this section as appropriate.
7.00 Requisitions and Payments:
7.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard Fort Lauderdale, FL , FL,
33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as
defined in Paragraph 6.10 hereof) to justify and support the payment requisitions.
7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit
"A". Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful
completion.
7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit
and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A".
Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments.
7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the Department
and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as
specified in Section 2.00 and Exhibit "A" has been met.
7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F.S., and shall be
submitted on the Department's Travel Form No. 300-000-01. The Department may establish rates lower than the maximum
provided in Chapter 112.061, F.S.
7.15 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
7.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant hereto;
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7.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
7.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
7.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement; or
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7.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit "B."
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7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by
the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for
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in the latest approved scope and budget for the project, and costs attributable to goods or services received under a contract or
other arrangements which have not been approved by the Department
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and costs invoiced prior to receipt of annual notification of fund availability.
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7.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
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owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
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Offsetting amounts shall not be considered a breach of contract by the Department.
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8.00 Termination or Suspension of Project: Iq
8.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, 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 Department may terminate any or all of its obligations under this Agreement.
8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein
which may include an or all of the following: 1 necessary action to terminate or suspend, as the case may be, project
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activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the —J
basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other
undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of 4)
the financing and any advance payment previously received as is determined by the Department to be due under the t
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, U
plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department Q
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement.
9.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department'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.
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10.00 Contracts of the Agency:
10.10 Third Party Agreements: The Department specifically reserves the right to review and approve any and all third party
contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of
Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the Department chooses to
review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause
for nonpayment by the Department as provided in Section 7.23. The Department specifically reserves unto itself the right to review
the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit
Administration (FTA) funds are used in the project, the Department must exercise the right to third party contract review.
10.20 Procurement of Personal Property and Services
10.21 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287.055, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the
Department that selection has been accomplished in compliance with Chapter 287.055 F.S., the Consultants' Competitive
Negotiation Act.
10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto that
participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual
services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design,
and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017
F.S., is contingent on the Agency complying in full with the provisions of Chapter 287.057 F.S. The Agency's Attorney shall certify
to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter
287.057 F.S. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section
comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other
agreement that would result in exceeding the current budget contained in Exhibit "B", or that is not consistent with the project
description and scope of services contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to
obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for
nonpayment by the Department as provided in Section 7.23.
10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the
award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.
The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any
DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take
all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of
DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as
a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may
impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)
10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
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11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
11.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, 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 Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for 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. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
11.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the
Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the
Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto.
11.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the
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Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which
among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age.
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11.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
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constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et.
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seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
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11.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any
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property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business
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entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director,
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or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any
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combination of them, has a material interest.
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entity.
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The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
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planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
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The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
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agreement between the Agency and an agency of state government.
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11.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the Q
United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising
therefrom.
12.00 Miscellaneous Provisions:
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12.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any
applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable
environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred
in connection therewith.
12.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party
other than the Agency.
12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on
the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no
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way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the
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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.
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12.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not
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to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.
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12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any
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provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the
provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed
as soon as possible with the project.
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12.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and
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equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and
equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further
agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment.
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12.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control
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systems as required by 49 CFR Part 18, when applicable.
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12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its
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useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply
with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a
proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on
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the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement.
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12.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the _J
Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any
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act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except
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that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge,
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or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees
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during the performance of the Agreement.
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When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of
services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the
Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss
options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the
Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section.
The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the
participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the
evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that
party is responsible for all expenses at trial.
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13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing
and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an Engineer's Certification
that certifies project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications, construction contract
documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, hereinafter
collectively referred to as "plans", the Agency will certify that:
a. All plans comply with federal, state, and professional standards as well as minimum standards established by the
Department as applicable;
b. The plans were developed in accordance with sound engineering and design principles, and with generally accepted
professional standards;
c. The plans are consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement as well
as the Scope of Services; and
d. The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice
requirements, and other similar regulations.
Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and
specifications to the Department for review and approvals.
14.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the
project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title
is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose.
15.00 Appropriation of Funds:
15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation
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by the Legislature.
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15.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than
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one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall
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not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of
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the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
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subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the
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comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds.
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Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph
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shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have
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a term for a period of more than 1 year."
16.00 Expiration of Agreement: The Agency agrees to complete the project on or before 3/31/2018 If the Agency does
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not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by
the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be
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considered termination of the project and the procedure established in Section 8.00 of this Agreement shall be initiated.
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16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the
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expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
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17.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in
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the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders.
18.00 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.
19.00 Restrictions on Lobbying:
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19.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to
influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
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The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
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(including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
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19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency.
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20.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should
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be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and
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services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a
request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the
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invoice is received or the goods or services are received, inspected and approved.
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If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a
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separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount
to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest
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penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to
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an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start
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until a properly completed invoice is provided to the Department.
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A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting
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as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor
Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236.
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21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a
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public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
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contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in
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s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
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contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
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construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not
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be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity.
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23.00 E-Verify:
Vendors/Contractors:
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the Vendor/Contractor during the term of the contract; and
shall expressly require any subcontractors performing work or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
24.00 The contractor/consultant/vendor agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all
subcontracts the obligation to comply with s.20.055(5), Florida Statutes.
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IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
St. Lucie County
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
TITLE
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
Stacy L. Miller, P.E.
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE
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Fin. Proj. No. 436384-1-94-01
Contract No:
Agreement Date:
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement
between the State of Florida, Department of Transportation and St. Lucie County
PROJECT LOCATION: St. Lucie International Airport
PROJECT DESCRIPTION: Rehabilitate Taxiway E South of Runway 14/32
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 6.5 of the Agreement shall include a schedule of
project assistance that will reflect the Department's contract number, Financial Project
Number and the Federal Identification number, where applicable and the amount of state
funding action (receipt and disbursement of funds) and any federal or local funding action
and the funding action from any other source with respect to the project.
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The plans and specifications review required in paragraph 13.00 of the Agreement shall
include an Engineer Certification and compliance with Department requirements as outlined
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in Exhibit "C".
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SPECIAL CONSIDERATIONS BY DEPARTMENT:
Effective July 1, 2010, Section 215.971 of the Florida Statutes, requires agreements with the
State to contain a scope of work that clearly establishes quantifiable and measurable
deliverables. Each deliverable must specify the required level of service to be performed and
the Department's criteria for evaluating successful completion. The items must be submitted
and approved through the Florida Aviation Database http://www.florida-aviation-
database.com/ filed under the appropriate Financial Management (FM) number to meet the
deliverable requirements. The deliverables must be received and accepted by the
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Department prior to the payment of services. The Department of Financial Services Internet c
link below provides guidance on clear and comprehensive scopes and deliverables E
development. The scope of work and deliverables are specifically addressed in chapter 3:
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http://www.mvfloridacfo.com/aadir/docs/ContractandGrantManagementUserGuide.pdf a
Narrative Reconstruction of a portion of Taxiway E that is in very poor
condition as identified under the Feb 2015 FDOT Pavement
Management program for the Airport. The area is recommended for
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reconstruction and has one of the lowest PCI of any surface at the
airport, and certainly the lowest PCI for any surface serving
businesses and tenants. This portion of TWY E leads into property
that is designated for future aeronautical (hangar) development.
Justification Safety
SCOPE OF SERVICES
Desiqn Phase
1. The Agency must submit a signed copy of an agreement between the Agency a
and its third -party consultant, incorporating the scope of services and schedule of
values which have been approved by the Department. The scope of services
must include or incorporate by reference a schedule of values that will be used to
approve payments to the third -party consultant. The scope of services and
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schedule of values must be approved in writing by the Department before the
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Agency enters into an agreement with its third -party consultant. The schedule of
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values shall be a complete and detailed itemization describing each subcategory
of work and related pay items and their associated total value, quantity, unit of
measurement and unit price/cost. The consultant should invoice the Agency on a
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regular basis using the approved schedule of values and one of the following
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methods:
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a. Percentage Completed. For this method the consultant's invoice should list a
detailed description of each task in the approved scope of services and
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schedule of values, the dollar value amount for the item, the percentage
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competed for the item, and the dollar value for the percentage completed.
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b. Completed Tasks. For this method the consultant's invoice should list a
detailed description of each task in the approved scope of services and
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schedule of values, the dollar value amount for each item, indicate which task
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have been completed, and the dollar value for each task completed.
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2. The Agency shall sign each invoice submitted to the Department and certify
thereon that the Agency has verified that the percentages of and/or task
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completions are correct and that the amounts indicated on the invoice are correct.
3. Any change(s) to the approved scope of services or schedule of values will
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require a change order approved by the Department, and signed by the Agency
and the third -party consultant. Invoices incorporating unapproved changes cannot
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be submitted by the Agency or paid by the Department. Invoices submitted to the
Department with any unapproved charges will be rejected by the Department.
Construction Phase
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4. The Agency must submit a signed copy of an agreement between the Agency
and its contractor, incorporating the scope of services and schedule of values
which have been approved by the Department. The scope of services must
include or incorporate by reference a schedule of values that will be used to
approve payments to the contractor. The scope of services and schedule of
values must be approved in writing by the Department before the Agency enters
into an agreement with its contractor. The schedule of values shall be a
complete and detailed itemization describing each subcategory of work and
related pay items and their associated total value, quantity, unit of measurement
and unit price/cost. The contractor should invoice the Agency on a regular basis
using the approved schedule of values and one of the following methods:
a. Percentage Completed. For this method the contractor's invoice should list a
detailed description of each task in the approved scope of services and
schedule of values, the dollar value amount for the item, the percentage
competed for the item, and the dollar value for the percentage completed.
b. Completed Tasks. For this method the contractor's invoice should list a
detailed description of each task in the approved scope of services and
schedule of values, the dollar value amount for each item, indicate which task
have been completed, and the dollar value for each task completed.
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5. The contractor should submit their pay request to the Agency's project inspector
for approval using the standard "Application and Certificate for Payment" form.
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The Agency's project inspector will review and approve the contractor's pay
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request certifying the percentage of completion and/or quantities are correct.
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6. The Agency shall sign each invoice submitted to the Department and certify
thereon that the Agency has verified that the percentages of and/or task
completions are correct and that the amounts indicated on the invoice are correct
7. Any change(s) to the approved scope of services or schedule of values will
require a change order approved by the Department, and signed by the Agency
and the contractor. Invoices incorporating unapproved changes cannot be
submitted by the Agency or paid by the Department. Invoices submitted to the
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Department with any unapproved charges will be rejected by the Department.
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Financial Project No. 436384-1-94-01
Contract No.
Agreement Date
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and St. Lucie County
3000 Curtis King Boulevard Fort Pierce, FL 34946
referenced by the above Financial Project Number.
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I. PROJECT COST: $550,000.00
TOTAL PROJECT COST: $550,000.00
II. PARTICIPATION:
Maximum Federal Participation
FAA ( 90 %) or $ 495,000.00
Agency Participation
In -Kind ( %) or $
Cash ( 5 %) or $ 27,500.00
Other ( %) or $
Maximum Department Participation,
Primary
DPTO ( 5 %) or $ 27,500.00
Federal Reimbursable ( %) or $
Local Reimbursable ( %) or $
TOTAL PROJECT COST: $550,000.00
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EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
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Financial Project No. 436384-1-94-01
Contract No.
Aqreement Date
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and St. Lucie County
3000 Curtis Kina Boulevard Fort Pierce. FL 34946
A. General
1. The assurances herein shall form an integral part of the Joint Participation Agreement (Agreement) between the State of
Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal government body or
special district, such as an Airport Authority (herein, collectively referred to as "Agency").
2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance
with specific provisions of Exhibit A, "Project Description and Responsibilities" and Exhibit B, "Project Budget", as well as
serving to protect public investment in public -use airports and the continued viability of the Florida Aviation System.
3. The Agency shall comply with the assurances as specified in this Agreement.
4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility a
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developed; equipment acquired; or project items installed within a facility for an airport development or noise compatibility
program project, but shall not exceed 20 years from the effective date of this Agreement.
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5. There shall be no limit on the duration on the terms and assurances of this Agreement regarding Exclusive Rights and c
Airport Revenue so long as the property is used as a public airport. N
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6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired W
with funds provided by the State of Florida. U
7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this project under the
terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms
of the Agreement and/or these assurances.
8. An Agency that has been determined by the Department to have failed to comply with the terms of the Agreement and/or
these assurances shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any
corrective action by the Agency to remedy the failure.
9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial
commitment to this project and immediately require the Agency to repay the Department the full amount of funds expended by
the Department on this project.
10. Any history of failure to comply with the terms of an Agreement and/or assurances will jeopardize the Agency's eligibility for
further state funding of airport projects by the Department.
B. Agency Compliance Certification
1. General Certification: The Agency hereby certifies, with respect to this project, it will comply, within its authority, with all
applicable, current laws and rules of the State of Florida and local government, as well as Department policies, guidelines, and
requirements, including but not limited to the following (latest version of each document):
a. Florida Statutes (F.S.)
- Chapter 163, F.S., Local Government Comprehensive Planning and Land Development
- Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens
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EXHIBIT "C"
AVIATION PROGRAM ASSURANCES OGC-03/15
- Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce
- Chapter 332, F.S., Airports and Other Air Navigation Facilities
- Chapter 333, F.S., Airport Zoning
b. Florida Administrative Code (FAC)
- Chapter 73C-41, FAC, Governing the Procedure for the Submittal and Review of Local Government Comprehensive
Plans and Amendments
- Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection
- Section 62-256.300(5) FAC, Open Burning, Prohibitions, Public Airports
- Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety
c. Local Government Requirements
- Airport Zoning Ordinance
- Local Comprehensive Plan
d. Department Requirements
- Eight Steps to Building a New Airport
- Florida Airport Revenue Use Guide
- Florida Aviation Project Handbook
- Guidebook for Airport Master Planning
- Airport Compatible Land Use Guidebook
2. Construction Certification: The Agency hereby certifies, with respect to a construction -related project, that all design
plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation
Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not limited to the following:
a. Federal Requirements
- FAA AC 70/7460-1, Obstruction Marking and Lighting
- FAA AC 150/5300-13, Airport Design
- FAA AC 150/5370-2, Operational Safety on Airports During Construction
- FAA AC 150/5370-10, Standards for Specifying Construction of Airports
b. Local Government Requirements
- Local Building Codes
- Local Zoning Codes
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EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
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c. Department Requirements
- Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways
(Commonly Referred to as the "Florida Green Book")
- Manual on Uniform Traffic Control Devices
- Section 14-60.007, Florida Administrative Code, "Airfield Standards for Licensed Airports"
- Standard Specifications for Construction of General Aviation Airports
- Design Guidelines & Minimum Standard Requirements for T-Hangar Projects
3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it will comply with
applicable federal and state policies, regulations, and laws, including but not limited to the following:
a. Federal Requirements
- Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
- National Environmental Policy of 1969
- FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects
- FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects
b. Florida Requirements
- Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation)
- Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation)
- Section 286.23, F.S., Public Business: Miscellaneous Provisions
C. Agency Authority
1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the legal authority to
enter into this Agreement and commit to this project; that a resolution, motion, or similar action has been duly adopted or
passed as an official act of the airport sponsor's governing body authorizing this Agreement, including assurances
contained therein, and directing and authorizing the person identified as the official representative of the governing body to
act on its behalf with respect to this Agreement and to provide any additional information as may be required.
2. Financial Authority: The Agency hereby certifies, with respect to this project Agreement, that it has sufficient funds
available for that portion of the project costs which are not paid by the U.S. Government or the State of Florida; that it has
sufficient funds available to assure future operation and maintenance of items funded by this project, which it will control;
and that authority has been granted by the airport sponsor governing body to commit those funds to this project.
D. Agency Responsibilities
The Agency hereby certifies it currently complies with or will comply with the following responsibilities:
1. Accounting System
a. The Agency shall create and maintain a separate account to document all of the financial transactions related to
the airport as a distinct entity.
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b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally
Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with
the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
and Section 215.97, F.S., Florida Single Audit Act.
c. The Department has the right to audit and inspect all financial records of the airport upon reasonable notice.
2. Good Title
3.
4.
a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance,
satisfactory to the Department, that good title will be obtained.
b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title,
satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives
assurance, satisfactory to the Department, that good title will be obtained.
Preserving Rights and Powers
a. The Agency will not take or permit any action which would operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the
Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department,
any outstanding rights or claims of right of others which would interfere with such performance by the Agency.
b. If an arrangement is made for management and operation of the airport by any entity or person other than the M
Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport co
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will be operated and maintained in accordance with the terms and assurances of this Agreement. N
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a. For airport hazards located on airport controlled property, the Agency will clear and protect terminal airspace U
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required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, w
lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the00
establishment or creation of future airport hazards. m
b. For airport hazards not located on airport controlled property, the Agency will work in conjunction with the governing
public authority or private land owner of the property to clear and protect terminal airspace required for instrument and
visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating,
marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available
legal remedies to remove potential hazards to air navigation.
5. Airport Compatible Land Use
a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S.,
"Airport Zoning", or if not in place, that it will take appropriate action necessary to ensure local government adoption of
an airport zoning ordinance or interlocal agreement with another local government body having an airport zoning
ordinance, consistent with the provisions of Section 333.03, F.S.
b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or
man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport
operations.
c. The Agency assures that it will disapprove or oppose any attempted change in local land use development
regulations that would adversely affect the current or future levels of airport operations by creation or expansion of
airport incompatible land use areas.
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6. Consistency with Local Government Plans
a. The Agency assures the project is consistent with the currently existing and planned future land use development
plans approved by the local government having jurisdictional responsibility for the area surrounding the airport.
b. The Agency assures that it has given fair consideration to the interest of local communities and has had
reasonable consultation with those parties affected by the project.
c. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the current, approved Airport
Master Plan into the local government comprehensive plan.
7. Consistency with Airport Master Plan and Airport Layout Plan
a. The Agency assures that any project, covered by the terms and assurances of this Agreement, is consistent with
the current, approved Airport Master Plan.
b. The Agency assures that this project, covered by the terms and assurances of this Agreement, is consistent with
the current, approved Airport Layout Plan (ALP), which shows:
(1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas
owned or controlled by the Agency for airport purposes and proposed additions thereto;
(2) The location and nature of all existing and proposed airport facilities and structures (such as runways,
taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of M
existing airport facilities; and co
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(3) The location of all existing and proposed non -aviation areas on airport property and of all existing improvements rn
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c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities
that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department.
d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, shall
be subject to the approval of the Department.
8. Airport Financial Plan
a. The Agency assures that it will develop and maintain a cost -feasible financial plan to accomplish the projects
necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport
Layout Plan, and any updates thereto.
(1) The financial plan shall be a part of the Airport Master Plan.
(2) The financial plan shall realistically assess project phasing considering availability of state and local funding
and likelihood of federal funding under the FAA's priority system.
(3) The financial plan shall not include Department funding for projects which are inconsistent with the local
government comprehensive plan.
b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Florida
Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website.
9. Airport Revenue
The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating
costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or
Packet Pg. 104
EXHIBIT "C"
8.L.1.e
AVIATION PROGRAM ASSURANCES OGC-03/15
10. Fee and Rental Structure
a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that will
make the airport as self-sustaining as possible under the circumstances existing at the particular airport.
b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the
price charged for that facility will be based on the market value.
11. Public -Private Partnership for Aeronautical Uses
a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant
agree that an aircraft hangar or tenant -specific facility, respectively, is to be constructed on airport property for aircraft
storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the
aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport
owner or operator may impose, subject to approval by the Department.
b. The price charged for said lease will be based on market value, unless otherwise approved by the Department.
12. Economic Nondiscrimination
a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without
unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical
activities offering services to the public.
M
(1) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users co
r
of the airport as may be necessary for the safe and efficient operation of the airport. N
?i
(2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action W
W
is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
b. The Agency assures that each airport Fixed -Based Operator (FBO) shall be subject to the same rates, fees,
rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such
airport and utilizing the same or similar facilities.
13. Air and Water Quality Standards
The Agency assures that in projects involving airport location, major runway extension, or runway location that the
project will be located, designed, constructed, and operated so as to comply with applicable air and water quality
standards.
14. Operations and Maintenance
a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the
airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum
standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as
well as minimum standards established by the Department for State of Florida licensing as a public -use airport.
(1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use
for airport purposes.
(2) Except in emergency situations, any proposal to temporarily close the airport for non -aeronautical purposes must
first be approved by the Department.
(3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting
aeronautical use of the airport.
Packet Pg. 105
EXHIBIT "C"
8.L.1.e
AVIATION PROGRAM ASSURANCES OGC-03/15
15. Federal Funding Eligibility
a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will
avoid any action that renders the airport ineligible for federal funding.
b. Ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport projects.
16. Project Implementation
a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this airport project
within one year after the effective date of this Agreement.
b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department
District Secretary or designee.
c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the
Department to terminate this Agreement.
17. Exclusive Rights
The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending
to provide, aeronautical services to the public.
18. Airfield Access M
W
a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses N
the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel,
supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited W
W
to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for
those normal airport providers responsible for standard airport daily services or during special events at the airport open U
x
to the public with limited and controlled access. w
b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield
from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior
Department approval.
19. Retention of Rights and Interests
The agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the
real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the
Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title,
rights, or other interest in existing noise easements or avigation easements on any property, airport or non airport,
without prior written approval by the Department. These assurances shall not limit the Agency's right to lease airport
property for airport -compatible purposes.
20. Consultant, Contractor, Scope, and Costs
a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and
subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record
of poor project performance with the Department.
b. Further, the Department maintains the right to disapprove the proposed project scope and cost of professional
services.
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EXHIBIT "C"
8.L.1.e
AVIATION PROGRAM ASSURANCES OGC-03/15
21. Planning Projects
For all planning projects or other aviation studies, the Agency assures that it will:
a. Execute the project per the approved project narrative or with approved modifications.
b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of
services.
c. Make such material available for public review, unless exempt from public disclosure.
(1) Information related to airport security is considered restricted information and is exempt from public
dissemination per Sections 119.071(3) and 331.22 Florida Statutes.
(2) No material prepared under this Agreement shall be subject to copyright in the United States or any other
country.
d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material
prepared in connection with this Agreement.
e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will
be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport
and the Agency will comply with the Department airport master planning guidebook, including:
M
(1) Provide copies, in electronic and editable format, of final project materials to the Department, including co
r
computer -aided drafting (CAD) files of the Airport Layout Plan. N
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(2) Develop a cost -feasible financial plan, approved by the Department, to accomplish the projects described in the W
W
Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost -feasible financial plan
shall realistically assess project phasing considering availability of state and local funding and federal funding under U
x
the FAA's priority system. w
(3) Enter all projects contained in the cost -feasible plan in the Joint Automated Capital Improvement Program
(JACIP).
f. The Agency understands and agrees that Department approval of this project Agreement or any planning material
developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the
Department to approve any pending or future application for state aviation funding.
g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval
prior to submitting any invoices to the Department for payment.
h. The Department may extend the 5-day requirement for the approval and inspection of goods and services to allow
for adequate time for review (reference Section 215.422(1), F.S.).
22. Land Acquisition Projects
For the purchase of real property, the Agency assures that it will:
a. Laws: Acquire the land in accordance with federal and state laws governing such action.
b. Administration: Maintain direct control of project administration, including:
(1) Maintain responsibility for all related contract letting and administrative procedures.
(2) Secure written Department approval to execute each agreement for the purchase of real property with any third
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EXHIBIT "C"
AVIATION PROGRAM ASSURANCES OGC-03/15
(3) Ensure a qualified, State certified general appraiser provides all necessary services and documentation.
(4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days
after completion of the review appraisal.
(5) Establish a project account for the purchase of the land.
(6) Collect and disburse federal, state, and local project funds.
c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for land purchase in accordance
with Chapter 332, Florida Statutes, the Agency will comply with the following requirements:
(1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of
executing this Agreement.
(2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14
calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar
days to achieve normal project federal, state, and local funding shares per Chapter 332, Florida Statutes.
(3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30
calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares
as described in Chapter 332, Florida Statutes.
(4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal M
to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no co
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reimbursement to the Department shall be required. N
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d. New Airport: If this project involves the purchase of real property for the development of a new airport, the Agency W
assures that it will:
(1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and
connecting taxiway within one year of the date of land purchase.
(2) Complete an Airport Master Plan within two years of land purchase.
(3) Complete airport construction for basic operation within 10 years of land purchase.
e. Use of Land: The Agency assures that it shall use the land for aviation purposes in accordance with the terms
and assurances of this Agreement within 10 years of acquisition.
f. Disposal of Land: For the disposal of real property the Agency assures that it will comply with the following:
(1) For land purchased for airport development or noise compatibility purposes, the Agency will, when the land is
no longer needed for such purposes, dispose of such land at fair market value and/or make available to the
Department an amount equal to the state's proportionate share of its market value.
(2) Land shall be considered to be needed for airport purposes under this assurance if:
(a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer.
(b) Revenue from uses of such land contributes to airport financial self-sufficiency.
(3) Disposition of land under Section 22f(1) or (2), above, shall be subject to retention or reservation of any interest
or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to
airport operations.
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EXHIBIT "C"
8.L.1.e
AVIATION PROGRAM ASSURANCES OGC-03/15
(4) Revenues from the sale of such land must be accounted for as outlined in Section D.2., and expended as
outlined in Section D.9.
(5) For disposal of real property purchased with Department funding:
(a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale of any
airport -owned real property.
(b) The proportional amount shall be determined on the basis of the ratio of the Department financing of the
acquisition of the real property multiplied against the sale amount, and shall be remitted to the Department within
ninety (90) days of closing of sale.
(c) Sale of real property acquired with Department funds shall be at market value as determined by appraisal, and
the contract for sale must be approved in advance by the Department.
(d) If any portion of the proceeds from the sale to the Agency is non -cash considerations, reimbursement to the
Department shall include a proportional amount based on the value of the non -cash considerations.
23. Construction Projects: The Agency assures that it will:
a. Project Certifications: Certify project compliances, including
(1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations,
and policies.
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(2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA N
advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing U)
as a public -use airport. W
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(3) Completed construction complies with all applicable local building codes.
(4) Completed construction complies with the project plans and specifications with certification of that fact by the
project Engineer.
b. Design Development: For the plans, specifications, construction contract documents, and any and all other
engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively
referred to as "plans", the Agency will certify that:
(1) The plans shall be developed in accordance with sound engineering and design principles, and with generally
accepted professional standards.
(2) The plans shall be consistent with the intent of the project as defined in Exhibit A and Exhibit B of this
Agreement.
(3) The project Engineer shall perform a review of the certification requirements listed in Section B2 above and
make a determination as to their applicability to this project.
(4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting
requirements, public notice requirements, and other similar regulations.
c. Inspection and Approval: The Agency assures that:
(1) The Agency will provide and maintain competent technical supervision at the construction site throughout the
project to assure that the work conforms to the plans, specifications, and schedules approved by the Department
for the project.
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EXHIBIT "C"
8.L.1.e
AVIATION PROGRAM ASSURANCES OGC-03/15
(3) The Agency assures that it will take the appropriate corrective action necessary, as required by the
Department, for work which does not conform to Department standards.
d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or
reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management
program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired
with state financial assistance at the airport.
24. Noise Mitigation Projects: The Agency assures that it will:
a. Government Agreements: For all noise compatibility projects that are carried out by another unit of local
government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into
an agreement with that government body.
(1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same
terms and assurances that apply to the Agency.
(2) The Agency assures that it will take steps to enforce the local agreement if there is substantial
non-compliance with the terms of the agreement.
b. Private Agreements: For noise compatibility projects on privately owned property,
(1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the
airport.
M
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(2) The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with N
the terms of the agreement.
w
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Packet Pg. 110
8.L.1.f
Financial Project No. 436384-1-94-01
Contract No.
Agreement Date
EXHIBIT "D"
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here:
(e.g., What services or purposes the resources must be used for)
(e.g., Eligibility requirements for recipients of the resources)
(Etc...)
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
FEDERAL RESOURCES
Federal Agency
Compliance Requirements
STATE RESOURCES
State Agency
Florida Department of Transportation
Compliance Requirements
Activities Allowed:
Airport Planning
Catalog of Federal Domestic Assistance (Number & Title) Amount M
to
$
0
N
N
LU
W
Catalog of State Assistance (Number & Title) Amount
55.004 $ 27, 500.00
Airport Planning Grants are to study options for airport development and operations. The Department funds airport master
plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport
promotion. Examples of projects are:
- Master plans and ALPs;
- Master drainage plans;
- Environmental assessments (EA);
- Development of regional impact (DRI);
- Operations and emergency response plans;
- Federal Aviation Regulations (FAR) Part 150 noise studies;
- Environmental impact studies (EIS);
- Wildlife hazard studies;
- Feasibility and site selection studies;
- Business plans;
- Airport management studies and training;
- Air services studies and related promotional materials.
(FDOT Aviation Grant Program Handbook)
Airport Improvement
Packet Pg. 111
8.L.1.f
EXHIBIT "D"
These grants are to provide capital facilities and equipment for airports. Examples of projects are:
- Air -side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting,
control towers, instrument approach aids, automatic weather observation stations);
- Land -side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects);
- Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects;
- Safety equipment (including AARF fire fighting equipment and lighted Xs);
- Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting
hazards);
- Information technology equipment (used to inventory and plan airport facility needs);
- Drainage improvements.
(FDOT Aviation Grant Program Handbook)
Land Acquisition
This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas
from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are
eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of
Taking" under the eminent domain laws of Florida. Examples of projects are:
-Land acquisition (for land in an approved master plan or ALP);
-Mitigation land (on or off airport);
-Aviation easements;
-Right of way; Q
-Approach clear zones. d
(FDOT Aviation Grant program Handbook)
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Airport Economic Development to
0
N
This grant program is to encourage airport revenue. Examples of projects are: W
W
-Any airport improvement and land purchase that will enhance economic impact; a
-Building for lease; W
-Industrial park infrastructure and buildings; le
-General aviation terminals that will be 100 percent leased out; M
-Industrial park marketing programs.
(FDOT Aviation Grant Program Handbook) w
Aviation Land Acquisition Loan Program
The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service
and general aviation airports.
This is a general description of project types. A detail list of project types approved for these grant programs can be found in
the Aviation Grant Program manual which can be accessed through the internet at www.dot.state.fl.us/Aviation/Public.htm.
Allowable Cost: See part three of compliance supplement
Cash Management: See part three of compliance supplement
Matching Requirements are as follows:
Commercial Service Airports
When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal funding is
available, the Department can provide up to 50 percent of the non-federal share.
(FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes)
General Aviation Airports
Packet Pg. 112
8.L.1.f
EXHIBIT "D"
When no federal funding is available, the Department provides up to 80 percent of project costs. When federal funding is
available, the Department can provide up to 80 percent of the non-federal share.
(FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes)
Economic Development
The Department provides up to 50 percent of airport economic development funds to build on -airport revenue -producing capital
improvements. This program is for local match only.
(FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes)
Airport Loans
The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program.
(FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes)
Matching Resources for Federal Programs
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
Compliance Requirements
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that r
the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. M
to
V_
0
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8.L.1.g
6540
Please note that the "Federal Resources" source and amount has been left blank on
pages 1 and 3 on Exhibit D.
Page 1
Packet Pg. 114
8.N.1
ITEM NO. RES-2016-30
TO:
PRESENTED BY:
SUBMITTED BY:
cl miprT-
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Barbara Guettler, MSBU Project Manager
MSBU Program
Resolution - Parkland MSBU Budget Resolution
DATE: 03/01/2016
*CONSENT AGENDA\PUBLIC
WORKS
In October 2015, the Board approved the Final Assessment Resolution and levied assessments on the
parcels with in the Parkland MSBU. In November 2015, the Board adopted Resolution No. 2015-222
establishing a budget for the Parkland MSBU. The original fund number assigned to the Parkland MSBU
(37009) was incorrect. The attached resolution will amend Resolution No. 2015-222 and establish 39013
as the fund number for the Parkland MSBU.
PREVIOUS ACTION:
September 15, 2015 - Board approved Resolution No. 2015-172, the Initial Assessment Resolution.
October 6, 2015 - Board approved Resolution No. 2015-188, the Final Assessment Resolution.
November 3, 2015 - Board approved Resolution No. 2015-222, Budget Resolution.
FINANCIAL IMPACT:
The revenue generated by the collection of special assessments for the Parkland MSBU will be utilized to
repay the loan obtained to fund construction of the potable water and fire protection improvements to
the parcels within the MSBU. Funds will be deposited into the Parkland MSBU (39013-4115-361100,
384200, and 366910-144610).
RECOMMENDATION:
Staff recommends Board adoption of the attached resolution amending Budget Resolution No. 2015-222
to correct the fund number for the Parkland MSBU.
COMMISSION ACTION:
Packet Pg. 115
8.N.1
Coordination/Signatures
_ V Cw
n We t, Public Works Directo 016
4aniieA..McIntyre, C my ttorney 2/19/2016
Updated: 2/18/2016 9:37 AM by Matthew Beard Page 2
Packet Pg. 116
8.N.1.a
RESOLUTION
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St.
Lucie County, certain funds not anticipated at the time of adoption of the budget have become available
from Loan proceeds, interest and property owners in the amount of $457,000 for the Parkland MSBU
Project. This revised resolution is to amend resolution No. 2015-222 for a fund number correction.
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 1st day of March, 2016 pursuant to Section 129.06 (d), Florida Statutes
that such funds are hereby appropriated for the fiscal year 2015-2016, and the County's budget is hereby
amended as follows:
REVENUE
39013-4115-361100-144610 Interest on Investments $ 1,000
39013-4115-384200-144610 Proceeds from Loans $431,000
39013-4115-366910-144610 Contributions from Property Owners $ 25,000
APPROPRIATIONS
39013-4115-534000-144610
Other Contractual Services
$400,000
39013-4115-573100-144610
Professional Services
$
10,000
39013-4115-549000-144610
Advertising
$
500
39013-4115-549110-144610
General and Admin Charges
$
4,000
39013-4115-549114-144610
General and Admin Charges-MSBU
$
14,000
39013-4115-599330-144610
Project Reserves
$
23,500
39013-8193-599050-800
Tax Collector
$
5,000
After motion and second the vote on this resolution was as follows:
Commissioner Kim Johnson, Chairman XXX
Commissioner Chris Dzadovsky, Vice Chairman XXX
Commissioner Tod Mowery XXX
Commissioner Paula A. Lewis XXX
Commissioner Frannie Hutchinson XXX
PASSED AND DULY ADOPTED THIS 1ST DAY OF MARCH, 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
r
BY: Z
CHAIRMAN
c
m
E
z
APPROVED AS TO CORRECTNESS U
AND FORM: Q
COUNTY ATTORNEY
Packet Pg. 117
9.A.1
ITEM NO. ORD-2016-4
COUNTY �.
F L Q R I D A -
AGENDA REQUEST
TO: Board of County Commissioners
PRESENTED BY: Katherine Barbieri, Asst. County Attorney
SUBMITTED BY: County Attorney
DATE: 03/01/2016
SUBJECT: Ordinance - Amending Section 7.09.05 of the St. Lucie County Land
Development Code affecting the removal of exotic vegetation in St. Lucie
County, Florida. (2nd Public Hearing)
BACKGROUND:
Currently, the St. Lucie County Land Development Code requires that the Public Works Director provide
notice to the property owner that a public nuisance exist because of the invasive species and demand the
owner of the property remedy the situation and request a hearing before the Board of County
Commissioners. The proposed changes leave the Category 1 in the latest edition of the Florida Exotic Pest
Plant Council "Most Invasive Species List" as a nuisance, but the section will now be enforced like the
other codes, whereas any hearing would be in front of the St. Lucie County Code Enforcement Board. The
amendment provides for conflicting provisions, severability and applicability, provides for filing with
Department of State, and provides for adoption and codification and effective date. This is the second of
two public hearings.
PREVIOUS ACTION:
January 5, 2016 - The Board granted permission to advertise the "Exotic Vegetation" ordinance for a
public hearing before the Planning & Zoning Commission on January 21, 2016 and two public hearings
before the Board of County Commissioners with dates to be determined.
January 21, 2016 - The Planning & Zoning Commission approved the ordinance for presentation to the
Board of County Commissioners.
February 16, 2016 - The first of two public hearings was held before the Board of County Commissioners.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board of County Commissioners adopt the proposed ordinance as drafted.
COMMISSION ACTION:
Packet Pg. 118
9.A.1
Coordination/Signatures
IVAJ
anie S. McIntyre, C my ttorney 1/28/2016
Updated: 2/24/2016 12:15 PM by Katrina Slay Page 2
Packet Pg. 119
9.A.1.a
ORDINANCE
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE BY AMENDING SECTION 7.09.05
"REMOVAL OF EXOTIC VEGETATION"; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
ADOPTION AND CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determination:
1. On August 1, 1990, the Board of County Commissioners of St. Lucie
County, Florida, adopted the St. Lucie County Land Development Code.
2. On , the Local Planning Agency/ Planning and
Zoning Commission held a public hearing on the proposed ordinance
after publishing notice in the Port St. Lucie News and the Tribune at least
10 days prior to the hearing and recommended that the proposed
ordinance be approved.
4. On , this Board held its first public hearing on
the proposed ordinance, after publishing a notice of such hearing in
the Port St. Lucie News and the Tribune on
5. On , this Board held its second public hearing
on the proposed ordinance, after publishing a notice of such hearing in
the Port St. Lucie News and the Tribune on
6. The proposed amendments to the St. Lucie County Land Development
Code are consistent with the general purpose, goals, objectives and
standards of the St. Lucie County Comprehensive Plan and are in the
best interest of the health safety and public welfare of the citizens of
St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
9_1.49:tal MIa10-11►Ti141LLolkyil401CIR Lem 9:taltW1111,111114LaweL 01UPT"t•Iauta>•yt41•I]A
TO READ AS FOLLOWS, INCLUDE:
1
Underlined passages are added.
Struck through passages are deleted
Packet Pg. 120
9.A.1.a
7.09.00 LANDSCAPING AND SCREENING
7.09.05 REMOVAL OF EXOTIC VEGETATION
A. General
1. Any developer submitting a site plan for site plan approval or in
conjunction with a Conditional Use Permit, Planned Unit Development,
Planned Non -Residential Development, or Planned Mixed Use
Development shall be required to remove, and chemically treat any
remaining stumps, of all of the exotic vegetation listed as a "Category I" in
the latest edition of the Florida Exotic Pest Plant Councils "Meat List of
Invasive Species-L�st."
2. No person shall plant or cause to be planted or permit to be planted,
anywhere within the area of unincorporated St. Lucie County, any species
listed as a "Category I" in the latest edition of the Florida Exotic Pest Plant
Councils " Mest List of Invasive Species-4&t."
B. Exotic Pest Plants; Maintenance and Removal.
1. Nuisances declared and prohibited
a. It is found and declared to be expedient and necessary to the
preservation of the public health, comfort, safety and welfare of
the inhabitants of St. Lucie County that all lots in recorded
subdivisions of St. Lucie County, outside of municipalities, be
required to be kept free from any species listed as a "Category I" in
the latest edition of the Florida Exotic Pest Plant Councils "MestList
of Invasive Species," which, by reason of height, proximity to
neighboring structures, physical condition, or other peculiar
characteristics, might cause damage to life or property within the
immediate area surrounding the same. The existence of vegetation
which create a hazard is declared to be a public nuisance. Erosion
control measures or reseeding of the area from which the exotic
vegetation was removed may be required.
b. No person shall plant or cause to be planted or permit to be
planted, anywhere within recorded subdivisions of unincorporated
St. Lucie County, any species listed as "Category I" in the latest
edition of the Florida Exotic Pest Plant Councils West List of
Invasive Species�+st."
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C. Existing individual AustFaliaR piRe alnd�eF BFaz*!"^ peppeF *Fees
species listed as "Category 1" in the latest edition of the Florida
Exotic Pest Plant Council's " t—List of Invasive Species--U&t"
located within recorded subdivisions of unincorporated St. Lucie
County shall be maintained at a height not to exceed the distance
between the tree and the nearest property line, minus ten (10)
feet. The existence of any such trees is hereby declared to be a
public nuisance.
.
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and Of stffill unable te deliver the netice, he shall physically pest such netice en sw
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PART B. FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance
to the Bureau of Administration Code and Laws, Department of State, The Capitol, Tallahassee,
Florida 32304.
PART C. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART D. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Kim Johnson, Chairman XXX
Chris Dzadovsky, Vice Chairman XXX
Commissioner Tod Mowery XXX
Commissioner Paula A. Lewis XXX
Commissioner Frannie Hutchinson XXX
PART E. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and
Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intentions; provided, however, that parts B through E shall not be codified.
PASSED AND DULY ADOPTED this
ATTEST:
day of 12016
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
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