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Agenda Packet 06.02.2015
T. ®lI COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST LUCIE COUNTY Regular Meeting Tuesday, June 2, 2015 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 COUNTY COMMISSION MEMBERS District No. 3, Chair PAULA A. LEWIS District No. 5, Vice -Chair KIM JOHNSON District No. 1 CHRIS DZADOVSKY District No. 4 FRANNIE HUTCHINSON District No. 2 TOD MOWERY Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Generated 61112015 3:12 PM Regular Meeting Tuesday, June 2, 2015 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. 2 1 P a g E Regular Meeting Tuesday, June 2, 2015 6:00 PM I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES Board of County Commissioners minutes for the meeting of Tuesday, May 19, 2015 V. PUBLIC COMMENT (excluding Public Hearing items) VI. PROCLAMATIONS APPROVAL There are no items scheduled. VII. PRESENTATIONS There are no items scheduled. Vill. CONSENT AGENDA A. WARRANTS Warrant List Numbers 31 & 33 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. Interlocal Agreement - Port St. Lucie Transit Shelters Staff recommends that the Board of County Commissioners approve the proposed Interlocal Agreement with the City of Port St. Lucie for the installation of transit shelters, and authorize the Chair to sign the agreement. 2. Interlocal Agreement - Joint Library Services at IRSC Pruitt Campus Staff recommends that the Board of County Commissioners approve the proposed Interlocal Agreement with Indian River State College for the continued provision of library services at the Pruitt Campus library in St. Lucie West, and authorize the Chair to 3 1 P a g e Regular Meeting Tuesday, June 2, 2015 6:00 PM sign the agreement, subject to approval of the agreement by the Board of Trustees of Indian River State College. D. COMMUNITY SERVICES 1. Invitation to Bid (ITB) No. 6 Staff recommends Board approval to award ITB No. 6 to De La Hoz Builders, Inc., and authorization for the Chair to sign documents as approved by the County Attorney. 2. The ARC of St. Lucie County, Inc. - Funding Agreement Staff recommends board approval of the agreement between St. Lucie County and The ARC of St. Lucie County, Inc., and authorization for the Chair to sign documents as approved by the County Attorney. ref1]►TiII►IF-1 Ius] ►1 There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. J. PARKS, RECREATION & FACILITIES 1. Juneteenth Black Arts & Cultural Festival Staff recommends Board authorization to waive the $1,870.00 facilities use rental fee for the Juneteenth Black Arts & Cultural Festival in the Lincoln Park Community in the City of Fort Pierce as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. 2. Integrated Security Systems Staff recommends Board approval of a bid waiver and issue Change Order No. 3 to Integrated Security Systems in the amount of $27,237.00, and authorization for the Chair to sign documents as approved by the County Attorney. 21 Regular Meeting Tuesday, June 2, 2015 6:00 PM K. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. Additions to Stormwater Capital Improvement Plan (CIP) - Culvert Replacements Staff recommends Board approval to add nine Culvert Replacement Projects to the FY15-FY16 budget and amend the CIP accordingly. 2. Award of Bid No. 15-034 - Purchase and Installation of Guardrail Staff recommends Board approval to award Bid # 15-034, to the lowest responsive bidder, Southeast Attenuators, Inc., for a 3-year contract term and authorization for the Chair to sign documents as approved by the County Attorney. 3. Fort Pierce Kidney Center Holdings, LLC — Conditional Acceptance Staff recommends Board approval of the conditional acceptance of the off -site improvements and Maintenance Agreement, release surety in the amount of $21,988.62 and retain $3,880.34 for maintenance. Authorization for the Chair to sign documents as approved by the County Attorney. 4. Budget Resolution - Indian River Estates Stormwater Improvements Phase II Bid Award Add -On Staff recommends Board approval of contract award to Johnson -Davis, Inc. in the amount of $871,420 for completion of the North Section and contract award to PRP Construction in the amount of $1,017,412 for completion of the South Section of Indian River Estates Stormwater Improvements Phase II and attached Budget Resolution. Authorization for the Chair to sign documents as approved by the County Attorney. Authorization for the County Administrator to execute the two (2) work authorizations for Construction Management Services for an amount not to exceed $100,000 each. N. SHERIFF'S OFFICE 1. Authorization to submit an electronic application for the 2015 Port Security Grant Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2015 Port Security Grant offered by the U. S. Department of Homeland Security. 2. Authorization to submit an application for the 2015 Edward Byrne Memorial JAG Grant Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2015 Edward 5 1 P a g e Regular Meeting Tuesday, June 2, 2015 6:00 PM Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation offered by the U. S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance. O. SOLID WASTE There are no items scheduled. P. SUPERVISOR OF ELECTIONS There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. R. UTILITIES There are no items scheduled. IX. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance - Reauthorizing the Levy of the Ninth Cent Gas Tax (Hearing won't occur before 7:00 pm) Staff recommends that the Board adopt the Ordinance and authorize the Chair to sign the ordinance. 2. Ordinance - Reauthorizing the Levy for the Local Option Fuel Tax (Hearing won't occur before 7:00 pm) Staff recommends that the Board adopt Ordinance and authorize the Chair to sign the ordinance. B. PLANNING & DEVELOPMENT SERVICES Sunset Beach PUD - Major Adjustment to Preliminary Planned Unit Development (PUD) Site Plan Staff recommends adoption of a Resolution granting approval for a Major Adjustment to Preliminary Planned Unit Development (PUD) Site Plan for the project known as Sunset Beach PUD. 6 1 P a g e Regular Meeting Tuesday, June 2, 2015 6:00 PM 1. Resolution - Meadowood Street Lighting District Annual Assessment Resolution Staff recommends Board approval of the Meadowood SLID Annual Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. 2. Resolution - Southern Oaks Street Lighting District Annual Assessment Resolution Staff recommends Board approval of the Southern Oaks SLID Annual Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. 3. Resolution - Palm Grove SLID Annual Assessment Resolution Staff recommends Board approval of the Palm Grove SLID Annual Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. X. REGULAR AGENDA A. COUNTY ATTORNEY Local Option Gas Tax Resolution - Notice of Intent to Levy Add -On Staff recommends that the Board approve the resolution and authorize the Chair to sign the resolution. XI. ANNOUNCEMENTS 1. The Board of County Commissioners will hold an Informal Meeting on June 9, 2015 at 9 am in Conference Room #3. 2. The Board of County Commissioners will hold a Regular Board meeting on June 16, 2015 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. XII. MOTION TO ADJOURN 7 1 P a g e S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA Regular Meeting May 19, 2015 Convened: 9:03 AM Adjourned: 11:10 AM I. CALL TO ORDER The meeting was called to order at 9:03 AM by District No. 3, Chair Paula A. Lewis Attendee Name Title District No. 3, Chair District No. 5, Vice -Chair District No. 1 Status Arrived Paula A. Lewis Present 9:00 AM Kim Johnson Present 9:00 AM Chris Dzadovsky Present Present 9:00 AM 9:00 AM Frannie Hutchinson District No. 4 Tod Mowery District No. 2 Present 9:00 AM Howard Tipton Administrator Present 9:00 AM Robert G. Adolphe PE Deputy County Administrator Present 9:00 AM Mark Satterlee Deputy County Administrator Present 9:00 AM Daniel S. McIntyre County Attorney Present 9:00 AM Heather Young Asst. 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 Asheley Hepburn Director, Office of Management & Budget Present 9:00 AM Sherry Burroughs Mosquito Control and Coastal Mgt. Serv. Director Present 9:00 AM Leslie Olson Planning Manager Present 9:00 AM Carl Holeva HR Interim Director Present 9:00 AM Ron Roberts Solid Waste Director Present 9:00 AM Sue Korunow Clerk to the Board Present 9:00 AM W F- Z 2 LL O J Q O W a a Q Generated 512112015 11:31 AM Packet Pg. 8 Regular Meeting Tuesday, May 19, 2015 9:00 AM II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES Board of County Commissioners minutes for the meeting of Tuesday, May 05, 2015 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery V. PUBLIC COMMENT (excluding Public Hearing items) Gwen Mars, St. Lucie County Resident - Spoke about how interested she is in the City of Fort Pierce and St. Lucie County as a whole. She remarked on how despondent she and the community were and our dependent on the Board's actions towards moving forward with economic development in St. Lucie County. She stated she had attended and economic development marketing plan for the airport, several studies for the Port of Fort Pierce and was very disappointed when one of the Fort Pierce Commissioners offered to share the cost of a position for someone to take the County through "baby steps" in developing the Port. She doesn't feel staff necessarily has the expertise to handle the project, nor does the director of Public Works have the time to manage the additional work load. She was especially disappointed when the Commission funded half $1 million to fight All Aboard Florida (AAF) and is perhaps considering $1 million to fight something which is not bringing jobs into the community and each of you run on jobs. She feels now, when there's an opportunity to provide some hope for jobs in our community. She stated the constituents in this community who have an interest in jobs need to be heard just as well as those who are speaking out and asking for funding to fight AAF. She stated, "We need jobs. And we need to be heard." She asked the Board to be a Board that makes the best decisions for the community. She asked the Board to reconsider having someone focus on jobs in this community because they know as well as she does that is the most pressing need. She asked that they not put issues which would develop jobs on the back burner from here forward. She asked the Board to reconsider placing someone in a position who would take economic development of the Port, the Airport and all the other resources in St. Lucie County and do something for jobs. George Jones, 1182 SE Mendavia Avenue, Port St. Lucie, FL - Commended the Board and expressed his thanks for their support regarding environmental issues and staff attendance at many of the environmental meetings in the last six months. He spoke on the many different topics regarding environmental issues and commended the County Administrator for his actions and involvement in moving the County forward with these important issues while asking for their continued involvement, citing its importance to all resources. He asked for continuing support as the Legislature reconvenes regarding the water quality monitoring project they were funded through Ocean Research Conservation Association (ORCA). They are looking for continued funding from ORCA, stating it's a tough budget year and if there's anything St. Lucie County can do towards funding the project, it would be greatly appreciated. He spoke on the monitoring sites and results which are available on the website for review and the need to continue the project in order to get a better long-term view of the 5 w z 2 U_ O J O W a a - a 2 1 P a g e Packet Pg. 9 Regular Meeting Tuesday, May 19, 2015 9:00 AM situation. He spoke about the St. Lucie Initiative Rivers Team (SLIRT) and the funding support needed to continue their projects. VI. PROCLAMATIONS APPROVAL 1. Resolution - Proclaiming the month of May 2015 as "Mental Health Awareness Month" in St. Lucie County, Florida. Commissioner Lewis presented the proclamation to Suncoast Mental Health Center CEO Art Ciasca who thanked the Board for the proclamation and introduced others in attendance as follows: Suncoast Mental Health Center's Board President Gabrielle Radcliffe, Esq.; Director of Outreach, Deb Pizzimenti; Volunteer Jennifer Tombs-Strawn; Clinical Director Jane Turmail; Director of Operations Cathy Cordeiro and Volunteer Plythe Gibbons. He provided background information on the program and the importance of early detection and treatment of mental health disorders. He provided statistics on students with disabilities and how they are affected in the long term if untreated. He spoke on the need for awareness, education and funding for mental health services as untreated or under -treated mental health disorders can ruin or end lives but with proper treatment people live productive, happy and healthy lives. Ms. Radcliff stated she was very happy to be part of the group that promotes early detection of mental illness and treatment. As a criminal defense attorney locally, she doesn't have to tell you that we see juveniles who are untreated and we see those juveniles grow up untreated and have criminal justice issues. She noted the Sheriff's Department will most likely confirm the majority of the people in their jail who but for having not treated or having had mental health issues detected early, wouldn't be in that jail. Similarly, it leads to criminal issues or self -medication which then leads to criminal issues. It's very important that we focus on the children, but she is proud to say that since Mr. Ciasca started working, they've also started working on the children and their families in order to try and address whatever issues may have led to their problems to begin with. Ms. Pizzimenti invited the Board to attend a Brown Bag Lecture being held at Indian River State College, B120 on May 20th at 11:30am - 1:00pm. The guest speaker will be Dr. Patty Corey-Suza who will be speaking to the issues of student stressors, followed by Suncoast's St. Lucie County Program Director Robert Campbell, MSW. This meeting is open to the public. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Frannie Hutchinson, District No. 4 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 2. Resolution - Adoption of a resolution proclaiming the month of May, 2015 as "Civility Month" in St. Lucie County, Florida. This resolution will be mailed to Ricky Libbert, The Florida Bar, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300 whose email address is rlibbert@floridabar.org. 5 w z 2 U_ 0 J a 0 W a a - a 3 1 P a g e Packet Pg. 10 Regular Meeting Tuesday, May 19, 2015 9:00 AM RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 3. Resolution - Adoption of a resolution proclaiming the month of May 2015 as "American Stroke Month" in St. Lucie County, Florida. Commissioner Lewis presented the proclamation to Palm Beach County American Heart Association Executive Director Beth Mourelatos who spoke on the need to spread awareness for the early warning signs and symptoms of stroke throughout our counties and communities. She spoke about stroke being the leading cause of long-term disability noting 80% of those strokes that caused the long-term disability were preventable. She spoke on the impact goal The American Heart Association and The Stroke Association have set to reach by 2020, noting it cannot be reached alone. Thanks to the support of the colleagues and constituents in the communities you are helping spread the mission and the awareness. She introduced St. Lucie County employee and stroke survivor Mike Claus who stated the statistic that every 3.5 minutes, someone suffers a stroke somewhere around the world and it's not age discriminatory either. He spoke about when he had a stroke six years ago at the age of 43 and how people said, "Wow, you're awfully young," since his stroke he found it can happens to anyone regardless of age. There are teenagers who get strokes all the time and he knew a gentleman who, by the age of 30, had already had three strokes. So it can happen to anyone, anytime and to learn the signs can save your own life. He didn't know what the signs of the stroke were when he had a stroke, but he does now. He talked about the residual effects of the stroke he had left him with but stated he was not complaining because he was a survivor and had lived to see his third grandchild born and his son become an honor roll student at Fort Pierce Central High School where he is also dual enrolled at IRSC. The more awareness he can promote, the better. Commissioner Dzadovsky asked Ms. Mourelatos if it was still appropriate to provide aspirin to a person who is experiencing signs of a stroke. Ms. Mourelatos stated this would be a more appropriate treatment for a cardiac arrest symptom as opposed to a stroke victim as long as the cardiac victim was coherent and had the ability to take the aspirin that is still a recommendation. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Frannie Hutchinson, District No. 4 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 4. Resolution - Adoption of a resolution designating the week of May 16-22, 2015 as "National Safe Boating Week" in St. Lucie County, Florida. Commissioner Lewis presented the proclamation to United States Coast Guard Auxiliary Flotilla 58 Commander Mary Taylor who thanked the Board and introduced the following: District Captain of the East, Gary Barth; Flotilla Staff Officer for HR Carl Holeva; Flotilla Staff Officer for w z U_ 0 J Q 0 a a- Q 4 1 Packet Pg. 11 Regular Meeting Tuesday, May 19, 2015 9:00 AM Public Affairs David Lairson; Flotilla Staff Officer for Public Education Kenneth Crowley; Flotilla Vice Commander Sean Hart and Flotilla Vice Division 5 Commander Tom Butler. She thanked the Board for the proclamation stating it solidifies the commitment for Federal, State and local agencies to promote education, awareness and activities so residents and visitors alike can safely enjoy Florida's beaches and off shore waters. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 5. Proclamation - Honoring Jack Southard for his faithful and dedicated service to the Board of County Commissioners of St. Lucie County, Florida and for his outstanding leadership through his major contributions to St. Lucie County's Public Safety Department by dedicating and naming the entrance road to the Emergency Operations Center as "Jack Southard Way" in St. Lucie County, Florida. Commissioner Lewis presented the proclamation and unveiled the entrance road sign with the title "Jack Southard Way" to Jack Southard, pictures were taken and Mr. Southard thanked the Board. He spoke on his 41 year tenure and the great county he's worked with. He remarked on the best thing the County had going for it being the County staff who works for it calling them incredible and praised all for their willingness to always give 110% and go above and beyond. The law enforcement, fire rescue and school board side are the same making it a great team. He thanked all the employees, managers and directors for making it what it is. The leadership from administration, the County Commission and the County Attorney and staff. He spoke about Weldon Lewis, his mentor, who he spent 8 years with and who helped him along the way and helped him to where he is today. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery VII. PRESENTATIONS 1. WPSL Christmas Kids of SLC Presentation of Check - Carol Wyatt Carol Wyatt of WPSL Christmas Kids spoke on the importance of the prevention of child drowning and teaching children to save themselves should they fall into a pool or waterway. She talked about working with St. Lucie County Aquatics Department and presented the Board with a check in the amount of $5,600.00 which will pay for 100 or 101 children to go through the water safety program. 2. Transit Ridership Update - Beth Ryder, Community Services Director Community Services Director provided background information on the Transit Ridership Update and introduced staff members who provided a presentation to the Board. Community Services HR Manager and Coordinator of Transit provided an overview on the History and Role of a w z U_ O J O W a a a 5 1 P a g e Packet Pg. 12 Regular Meeting Tuesday, May 19, 2015 9:00 AM Transit, Funding, Fleet & Infrastructure, Outreach & Education and Projects. They provided statistics and reviewed ongoing projects in the County. Coordinator of Transit announced National Dump the Pump Day when everyone across the Treasure Coast can ride free taking place on June 18th, 2015. This will help save money and fuel. Another exciting project discussed was the Free Summer Youth Ride Program for youth 18 and under who are able to ride the bus free from June 4th - August 14th, 2015 by showing their school ID or St. Lucie County Library card. For information and bus routes call 772.464.7433 or visit: www.treasurecoastconnector.com. Commissioner Hutchinson congratulated the Department for their hard work in bringing the Free Summer Youth Ride Program to the community stating she has already heard many positive comments and excitement from both the students and parents who are looking forward to utilizing the transportation. Commissioner Johnson stated he was seriously impressed with all the work the Department has been able to do and all the connections they have been able to establish for the County. Commissioner Dzadovsky asked the Coordinator of Transit to provide contact information for the person or business to contact should they wish to sponsor/donate towards their programs. She provided the Department's contact number 772.462.1777 stating Carlene Ritchie would be the best contact person as the one who handles outreach and makes things happen. Commissioner Lewis recognized Council on Aging President and CEO Darrell Drummond who is the contracted provider transit for the County. VIII. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery A. WARRANTS Warrants List No. 32 - BOCC B. ADMINISTRATION There are no items scheduled. C���IiP►ji7e��7�►1�'1 6 w z 2 LL 0 J Q 0 o: a a Q 6 1 P a g e Packet Pg. 13 Regular Meeting Tuesday, May 19, 2015 9:00 AM 1. Revocable License Agreement - Port St. Lucie Realty Group, LLC - Water and Sewer connections on Prima Vista Boulevard and Camino Street 2. Resolution - A resolution in support of the South Florida Water Management District's application to Florida Department of Environmental Protection requesting authorization for interim operations of the Ten Mile Creek Water Preserve Area (WPA) Critical Project this upcoming wet season as a modification to the existing Comprehensive Everglades Restoration Plan Regulation Act (CERPRA) Permit File No. 0192879-016 3. Resolution - Traffic Signal Maintenance and Compensation Joint Participation Agreement with FDOT, Phase 2 w 4. Revised First Amendment to Interlocal Agreement - Guardian Ad Litem Funding Z 2 U- 5. Request for an Order, pursuant to Article VII, Division 2 (Unsafe Buildings and 0 J Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish the unsafe structure at 199 Tumblin Kling Road, Fort Pierce, FL 0 a 6. Veterans Nursing Home - Culpepper & Terpening, Inc. Work Authorization #55 a D. COMMUNITY SERVICES Award of Bid 15-039, Purchase of Bus Shelters WilliL 11011-]#Xt9[4I► There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. I:��ail► LP�:Z���1�I:Z�I�' There are no items scheduled. There are no scheduled items. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. There are no scheduled items. I. OFFICE OF MANAGEMENT & BUDGET 7 1 P a g e Packet Pg. 14 Regular Meeting Tuesday, May 19, 2015 9:00 AM 1. Award of RFP No. 15-022 - Yard Waste Processing & Recycling Services 2. GovMax contract amendment 3. Request for Qualifications (RFQ) No. 15-032, Professional Engineering Services for the Design, Permitting and Engineering Services for Class I Phase IV A Cell 4. Request of Proposal (RFP) No. 15-019, Land Management System J. PARKS, RECREATION & FACILITIES WPSL Christmas Kids of SLC K. PLANNING & DEVELOPMENT SERVICES Proposed Airport Property Lease Amendment - Phoenix Metal Products, Inc. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS Resolution - Jenkins Park/Starcher MSBU Budget Resolution N. SHERIFF'S OFFICE There are no items scheduled. O. SOLID WASTE Equipment Purchase P. SUPERVISOR OF ELECTIONS There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. R. UTILITIES 8 1 P a g e Packet Pg. 15 Regular Meeting Tuesday, May 19, 2015 9:00 AM IX. 1. Resolution - Amend Certain Rates, Fees and Charges for the St. Lucie County Water & Sewer District (Water and Sewer District) 2. Resolution - Amending Certain Rates, Fees and Charges for the SLC South Hutchinson Island District Wastewater Utility 3. Resolution - Revised Uniform Extension Policy PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance - Proposed Amendments to Alarm Ordinance Assistant County Attorney provided background information regarding the Alarm Ordinance Amendments. On April 30, 2015, the Committee met with representatives of the Florida Alarm Association and the Security Industry Alarm Coalition to review their concerns regarding the proposed ordinance. Following discussion, the Committee voted unanimously to revise the draft ordinance as follows: 1.) To address concerns to require alarm installers to maintain appropriate licenses under Chapter 489, Florida Statutes, 2.) Delete a separate bond requirement not authorized under Chapter 489, 3.) Require second call verification for non -fire false alarms prior to notifying dispatch at the 911 communications center. Second call verification would not be required in the case of panic or robbery -in -progress alarms or where a crime -in -progress has been verified by video and/or audible means. Staff suggested one other change regarding the effective date. The processes which will take place once the Board adopts the Ordinance will take some time so in order to allow for this, staff suggested an October 1, 2015 effective date rather than the standard filing with the State effective date. St. Lucie County Fire District Fire Chief Ron Parrish, City of Fort Pierce Police Department Interim Chief Frank Amandro and St. Lucie County Sheriff Office Director of Law Enforcement David Thompson all spoke to the Board offering their full support of the Ordinance noting it will help the departments operate as one for the protection of life and safety of the communities. Staff recommended the Board of County Commissioners adopt proposed Ordinance No. 2015-5 with the proposed change in effective date. It was moved by Commissioner Dzadovsky, seconded by Commissioner Mowery to approve the Ordinance with staff recommendations and amended language per discussion held, and; upon roll call, motion carried unanimously. 5 w F_ M z 2 LL 0 J Q 0 W a IL Q 9 1 P a g E IPacket Pg. 16 Regular Meeting Tuesday, May 19, 2015 9:00 AM 2 RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery Ordinance - Expert Shutter Services, Inc. - Economic Development Ad Valorem Tax Exemption Ordinance County Attorney provided background information on the economic development Ordinance requirements and the program established to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law. The application w filed by Expert Shutter Services, Inc. was included in the agenda package for Board review. Under the property tax eligibility chart, it appears Expert Shutter Services, Inc. Z would receive a six (6) year exemption, passed as follows: o Year - 100% a Year 2 - 90% O Year 3 - 80% a Year 4 - 60% a Q Year 5 - 40% Year 6 - 20% Q After the first year of exemption, if a business can verify more than sixty (60%) or eighty (80%) percent of its full-time employees have been residents of St. Lucie County for more than six (6) months prior to employment, the business may be entitled to additional years of exemption. County Attorney noted the exemption pertains solely to property, not to school, fire or real estate values. Commissioner Lewis likened the applicant to a "poster child" for what the exemption program was intended for and noted although an increase of 10 St. Lucie County employees seems to be a small number, it is good thing when you look at the need in the community. There was a consensus by the Board regarding the positive impact this could have on the community and it was noted the company is a manufacturing business and therefore falls into one of the County's "Targeted Industries" and is part of the Economic Development Plan for the area. Staff recommended Board approval of the draft ordinance and authorize the Chair to sign the ordinance. 10 1 Packet Pg. 17 Regular Meeting Tuesday, May 19, 2015 9:00 AM 10 RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery REGULAR AGENDA A. COUNTY ATTORNEY 1. Reauthorizing the Levy of the Ninth Cent Gas Tax - Permission to Advertise County attorney provided background information regarding the gas tax, noting there are four items on the agenda, three of which relate to the gas tax. He suggested one revision to the recommendation regarding the Public Hearing date/time. It was recommended staff advertise the date on June 2, 2015 and time at 6:00 p.m. Staff recommended the hearing be changed to 7:00 p.m. due to scheduling conflicts since passing the tax requires a minimum of four (4) majority votes to pass. Discussion regarding the start time of the meeting and start time of the actual agenda item ensued with the final recommendation to advertise the public hearing start time as 7:00 p.m. but the meeting start time will remain at 6:00 p.m. Should the business portion of the meeting prior to this agenda item conclude prior to the advertised 7:00 p.m. public hearing start time a recess will be taken to allow for interested parties to comment during that section of the agenda. It was moved by Commissioner Johnson, seconded by Commissioner Mowery to grant permission to advertise a public hearing on the draft ordinance on June 2, 2015 at 7:00 p.m. with the meeting starting time remaining at 6:00 p.m. per discussion held, and; upon roll call, motion carried unanimously. RESULT: APPROVE [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 2. Reauthorizing the Levy for the Local Option Fuel Tax - Permission to Advertise County Attorney provided background information on the request for permission to advertise for the public hearing on the Reauthorization of the Levy for the Local Option Fuel Tax. He noted even if this tax is reauthorized, the transportation infrastructure needs of the County will exceed available revenues. The percentage of distribution to each entity is set out in an Interlocal Agreement which will be considered in Agenda Item XA4. Staff recommended the Board grant permission to advertise a public hearing on the draft ordinance on June 2, 2015 at 7:00 p.m. The meeting will start at 6:00 p.m. but the public hearing, for this particular item, will start at 7:00 p.m. or as soon thereafter. 5 w z 2 U_ 0 J 0 W a a - a 111 P a g Packet Pg. 18 Regular Meeting Tuesday, May 19, 2015 9:00 AM RESULT: APPROVE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 3. Resolution - Capital Improvement Revenue Bonds, Series 2015 County Attorney provided background information regarding an interlocal agreement for the design, financing and building of a branch office the Board entered into with the Tax Collector. County financial advisor (PFM) recommended selecting Pinnacle Public Finance as the loan provider for the 2015 Bond based on the interest rate and favorable terms provided in their proposal. Staff recommended the Board approve the Bond Resolution and Loan Agreement and authorize the Chair to sign the Resolution and Loan Agreement as reviewed and approved by the County Attorney and the County's Bond Counsel. RESULT: APPROVED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 4. Interlocal Agreement - Local Option Gas Tax - Fort Pierce, Port St. Lucie and St. Lucie Village County Administrator and Public Works Director provided a presentation on the need and the background for the Local Option Gas Tax. County Administrator noted this item pertains to the Interlocal Agreement which governs the distribution of the Local Option Gas Tax. He reviewed the critical importance of the decision the Board will make regarding this tax as it is a $13.4 million revenue source annually shared between the municipalities and the County which is critical to the county's economic development and quality of life. Public Works Director reviewed the presentation which started with a statement of the issues the County is trying to solve, the current distribution method, the Interlocal Agreement, current allowable transportation expenditures, distribution history, potential solutions, distribution scenarios, major service level impacts and the recommendations. The question was asked by Commissioner Mowery as to whether Local Option Gas Tax was the same as Local Option Fuel Tax and the County Attorney confirmed they were the same, just at times going by a different name. County Attorney explained for the period of September 1, 2015 - December 31, 2017 the distribution of the Gas Tax will remain the same as proposed - based on the transportation expenditures for the previous five (5) years. The reason for this is the Cities are concerned about the negative impact on their budgets so we are proposing 5 w z 2 U_ 0 J Q 0 W a a- Q 12 1 Page Packet Pg. 19 Regular Meeting Tuesday, May 19, 2015 9:00 AM this 2.5 years of the 30 year period so everyone would have a chance to adjust. For the period from January 1, 2018 - December 31, 2044 the distribution formula will be changed to the number of paved roadway miles maintained by the County and the Municipalities with a floor of 20% of the County's distribution percentage. The City of Port St. Lucie will need to approve the Interlocal Agreement by June 1, 2015. The City plans to agenda this item on May 26th in order to vote on the Interlocal and pass it before the June 1st deadline. Staff recommended Board approval of the interlocal agreement using roadway miles as the methodology for calculating the Gas Tax and authorize the Chair to sign the Agreement. RESULT: APPROVE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery XI. ANNOUNCEMENTS County offices will be closed Monday, May 25, 2015 in observance of Memorial Day XII. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 6 w z 2 U- O J Q O W a a- Q 13 1 Packet Pg. 20 05/01/15 FZABWARR FUND TITLE 001 001560 001562 001567 001568 101 101001 101002 101003 101004 102 102001 102114 102813 107 107003 107183 111 112 120 122 126 129 130 130118 130216 139 140 140377 150 183 183004 184220 190 310002 310006 316 318 401 418 451 458 471 479 491 505 505001 625 ST. LUCIE COUNTY - BOARD WARRANT LIST #31- 25-APR-2015 TO 01-MAY-2015 FUND SUMMARY General Fund Section 112/MPO/FHWA/Planning Homeland Security Subgrant Issie 15 DHS - CSBG FY 2015 Supp Svcs Veterans Families 2015 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 White City Drainage Citrus & Saeger Fine & Forfeiture Fund Fine & Forfeiture Fund-800 Mhz Oper USDOJ Edward Byrne Grant River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Parks MSTU Fund SLC Public Transit MSTU FTA 5317 FY13/14 New Freedom FDOT Park and Ride Improvement Palm Grove Fund Airport Fund Strategic Bus PLan, Marketing Plan, Impact Fee Collections Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court FT Pierce Inlet IMP Implementation Sports Complex Fund Impact Fees -Parks Impact Fees -Transportation County Capital County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Water & Sewer District Operations Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund Risk Management Fund Law Library EXPENSES 516,569.65 2,208.32 3, 970.55 2,856.96 1,071.36 611.62 79.50 13,916.64 307,822.50 7,213.28 917.59 29,215.37 4,520.40 8,659.95 219,297.78 2,196.60 12,370.45 3,279.12 755.05 227.10 1,064.69 157.44 17,503.00 1, 975.32 407.34 2,845.00 976.23 23,744.80 15,737.23 466.20 15.00 1,671.00 11,820.00 40,366.04 41,750.00 95,400.45 21,475.00 780,911.55 125,530.92 9,336.07 43,682.97 16,139.20 78,982.26 79,513.42 3,742.58 43,808.83 5,250.00 13,050.00 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 492.30 0.00 0.00 H Z a W. Packet Pg. 21 05/01/15 FZABWARR FUND TITLE 650 Agency Fund ST. LUCIE COUNTY - BOARD WARRANT LIST #31- 25-APR-2015 TO O1-MAY-2015 FUND SUMMARY GRAND TOTAL: EXPENSES 12,563.75 2, 627, 646.08 PAGE 2 PAYROLL 0.00 492.30 59 Packet Pg. 22 05/15/15 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #33- 09-MAY-2015 TO 15-MAY-2015 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 339,675.85 0.00 001009 Gen -One Time Funding 120.50 0.00 001457 FCTD Planning Grant 16.44 0.00 001458 EMPA 2015 1,465.41 0.00 001534 Metropolitan Planning/Section 5303 358.08 0.00 001538 HUD Neighborhood Stab 3 218.00 0.00 001560 Section 112/MPO/FHWA/Planning 2,257.73 0.00 001561 Dept of Trans Safe Routes to School 3,714.04 0.00 001566 HUD Shelter Plus Care Grant 169.28 0.00 001567 DHS - CSBG FY 2015 4,446.12 0.00 001568 Supp Svcs Veterans Families 2015 803.52 0.00 001823 INTACT 264.41 0.00 101 Transportation Trust Fund 3,705.21 0.00 101002 Transportation Trust/80o Constitut 22,646.21 0.00 Z 101003 Transportation Trust/Local Option 3,818.62 0.00 101004 Transportation Trust/County Fuel Tx 2,053.24 0.00 Q 102 Unincorporated Services Fund 17,770.20 0.00 102001 Drainage Maintenance MSTU 7,932.19 0.00 �- 102114 Citrus & Saeger Strmwtr Treatment 3,402.60 0.00 M 102813 White City Drainage Citrus & Saeger 56.00 0.00 06 104003 Hurricane Frances Donations 856.78 0.00 M 105 Library Special Grants Fund 712.4.4 0.00 L 107 Fine & Forfeiture Fund 90,673.70 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 4,298.77 0.00 E 107006 F&F Fund -Court Related Technology 15,788.62 0.00 0 Z 129 Parks MSTU Fund 27,100.00 0.00 130 SLC Public Transit MSTU 806.11 0.00 N J 130102 FTA 5307-ARRA 2009 Capital Projects 197.06 0.00 130118 FTA 5317 FY13/14 New Freedom 329.22 0.00 M 131 Property Cleanup SAD 240.50 0.00 M 140 Airport Fund 10,767.20 0.00 140001 Port Fund 164.68 0.00 c 160 Plan Maintenance RAD Fund 1,649.31 0.00 W 181 SLC Housing Finance Authority Fund 105.98 0.00 U 182 Environmental Land Acquisition Fund 100.00 0.00 a 183 Ct Administrator-19th Judicial Cir 2,400.00 0.00 E 183001 Ct Administrator-Arbitration/Mediat 320.00 0.00 E 183004 Ct Admin.- Teen Court 2,672.00 0.00 0 U 185013 FHFC SHIP 2012/2013 109.85 0.00 185014 FHFC SHIP 2013-2014 449.30 0.00 187 Boating Improvement Projects 10,950.00 0.00 189108 Home Consortium 2012 278.50 0.00 189109 Home Consortium 2013 400.00 0.00 189203 Hardest Hit fund Advisor Services 45.00 0.00 190 Sports Complex Fund 20,224.09 0.00 216 County Capital I&S 1,202.00 0.00 310001 Impact Fees -Library 4,037.28 0.00 310006 Impact Fees -Transportation 10.34 0.00 93 Packet Pg. 23 05/15/15 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #33- 09-MAY-2015 TO 15-MAY-2015 FUND SUMMARY FUND TITLE 37008 Jenkins Park/Starcher MSBU 401 Sanitary Landfill Fund 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 458 SH Util-Renewal & Replacement Fund 471 Water & Sewer District Operations 479 Water & Sewer Dist. -Cap Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Risk Management Fund 611 Tourist Development Trust-Adv Fund 801 Bank Fund GRAND TOTAL: I10048010690I. 78.00 324,265.26 14,245.19 7,882.15 35,404.60 83,364.84 420,093.80 3,566.92 219,052.19 2,402.03 527.52 31,190.69 1,753,855.57 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 0.00 0.00 •• it 94 Packet Pg. 24 8.C.1 ITEM NO. (ID # 2889) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney DATE 06/02/2015 *CONSENT AGENDA\COUNTY ATTORNEY Interlocal Agreement - Port St. Lucie Transit Shelters The County has received additional Federal Transit Administration (FTA) America Redevelopment and Reinvestment Act (ARRA) funds for the installation of additional shelters along the transit routes in the City of Port St. Lucie. County staff has worked with City staff and Community Transit to identify five (5) locations whose ridership levels and available space are appropriate for the installation of these shelters. Attached to this memorandum is a copy of a proposed Interlocal Agreement with the City which provides for the installation and maintenance of the shelters. The City Council approved the proposed Interlocal Agreement at its meeting on May 11, 2015. PREVIOUS ACTION: On May 19, 2015, the Board of County Commissioners awarded Bid No. 15-039 (Purchase of Bus Shelters) to Brasco International, Inc for the purchase of five transit shelters which will be installed in the City of Port St. Lucie. The shelter design corresponds to the design previously approved by the Regional Transit Organization. FINANCIAL IMPACT: The transit shelters will be purchased with grant frunds from the Federal Transit Administration (FTA) America Redevelopment and Reinvestment Act (ARRA) grant (Account No. 130102-4910-552200- 094602).and any shelter maintenance costs will be funded from the Transit MSTU as needed.. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Interlocal Agreement with the City of Port St. Lucie for the installation of transit shelters, and authorize the Chair to sign the agreement. COMMISSION ACTION: Packet Pg. 25 8.C.1 Coordination/Signatures anie 5. McIntyre, C my ttorney 5/20/2015 updated: 5/20/2015 3:11 PM by Heather Young Page 2 Packet Pg. 26 8.C.1.a L INTERLOCAL AGREEMENT FOR U) r CONSTRUCTION AND MAINTENANCE OF TRANSIT SHELTERS WITHIN THE CITY OF PORT ST. LUCIE THIS iNTERLOCAL AGREEMENT is made and entered into this day of . 2015 , by and between St. Lucie County, a political subdivision of the State of Florida, by and through its Board of County Commissioners (referred to hereinafter as "County"), and the City of Port St. Lucie, a municipal corporation of the State of Florida, (referred to hereinafter as "City"). WITNESSETH: WHEREAS, the County's transportation provider, Community Transit, serves as the public transit system within the St. Lucie County geographical boundaries; and WHEREAS, the County desires to provide transit shelters at existing bus stops to serve passengers of the transit system within the City; and, WHEREAS, the County and City have agreed to provide the transit shelter model selected by the w Regional Transit Organization (RTO) for the US Highway 1 Transit Corridor (Bus Shelter) Project, as shown on Exhibit "A"; and, E WHEREAS, the purpose of this Agreement is to establish the parties' responsibilities for the L construction and maintenance of the transit shelters throughout the City; and, a cc NOW, THEREFORE, in consideration of the conditions contained in this Agreement, the parties o agree as follows: w c 1. General. This Agreement is entered into pursuant to Section 163.01, Florida Statutes which governs the Florida Interlocal Cooperation Act of 1969. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other v than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the L parties hereto as it pertains to this subject area. 2. Transit Shelter and Amenities. As shown on Exhibit A, the transit shelter shall be a reverse barrel vault roof style as manufactured by Duo -Guard Industries. The shelter shall have a minimum size of 5 feet by 12 feet with a clear anodized aluminum finish and a shaded top with a "stone white" color. The amenities for the shelter shall include a 35 inch by 39 inch (minimum) map display, a three seat divided hoop style bench with a finish color that matches the shelter, and a 32-gallon steel, back in color, trash receptacle. A bike rack with a capacity of 5 to 7 bicycles is optional. Page 1 of 6 Packet Pg. 27 8.C.1.a 3. Locations. Shelters shall be provided at the following five (S) bus stops. A location map and photo of each of the bus stops is provided in Exhibit B. U) r A. Tradition Field: North side of University Boulevard within City road right-of-way, N c B. Cashmere Corners: West side of Cashmere Boulevard within City road right-of-way C. Sportsman Park: North side of Prima Vista Boulevard within City road right-of-way, LD D. Ravenswood Pool/Ubrarv: West side of Ravenswood Lane within City road right-of-way, E. Loco Joe's: East side of Port St Lucie Boulevard, north of Gatlin Boulevard within a J recorded easement on private property. A copy of this easement is provided in Exhibit U) C. 4. The County agrees to provide the services required to furnish, install, and maintain the project. The County shall keep the City informed as to the progress and status of the project. Additionally, the County assumes the following Responsibilities: A. Procurement and storage of the five (S) transit shelters. B. Solicit the City's participation and consider the City's input on the selection of a professional engineering firm registered in Florida to prepare a set of construction plans for the transit shelters that are in accordance with the Florida Department of Transportation (FDOT) requirements for bus passenger facilities and the City's site design and building code requirements. L The County shall require the engineering firm to provide construction plans that include, at a minimum, the following sheets: • Cover aD + Summary of Pay Items + Project Layout L Q + General Notes R • Bus Shelter and Amenity Details 0 ° + Slab Foundation Detail m c a Site Plan — One sheet for each bus stop showing topographic survey, horizontal ;n control, a detail for the location of amenities, and any site specific requirements such m as, but not limited to, the relocation of sidewalks, relocation or provision of drainage Cn pipes, relocation of signs, etc.= + Soil Boring Location Map L • Report ofSoil Borings Q ii. Provide the following documents to the City for review and approval: + 30% design plans showing completed topographic survey, preliminary layout and any Q —J site improvements for each of the sites, a + 90% design plans and cost estimate, f° + Construction ready, signed and sealed plans, specifications, and cost estimate. L) Page 2 of 6 Packet Pg. 28 8.C.1.a C. Solicit the City's participation and consider the City's input on the selection of a professional engineering firm to provide construction engineering and inspections (CEI) services for the project. D. Solicit the City's participation and consider the City's input before procuring the services of an appropriately licensed General Contractor to obtain permits and construct the shelters and amenities, and site improvements in accordance with the approved construction plans and permits. E. The County shall provide the record drawings to the City for review and approval prior to final acceptance of the project. F. Remove the shelter and amenities from the site within thirty (30) calendar days of the date said shelter is no longer utilized as a permanent stop on the bus route. G. Promptly repair and/or replace all damaged parts and permanent amenitiesto the shelter including, but not limited to, the bench, bike rack, and trash receptacle within thirty (30) days of notification. H. Provide an overall map displaying bus routes within the shelter. 1. Assume responsibility for payment of all costs associated with the County's responsibilities under this Agreement. 5. The City agrees to provide input and participate in the services required to furnish, install, and maintain the project. Additionally, the City agrees to the following Responsibilities: A. Waive all permitting fees associated with the construction of the bus shelters. B. Assist the County with formulating the scope of services for the design engineer, the CEI consultant, and the contractor. C. Participate and provide input to the County regarding the selection of a design engineer, a CEI consultant, and a contractor. D. Review the 30% and 90% construction plans, as well as the record drawing submittal and provide comments within ten (10) working days. E. Review the contractor permit submittals and assist the contractor through the process to obtain permits for the construction of the transit shelters, concrete pads and amenities. F. Provide inspection services, respond to requests for information in a timely manner, and attend the preconstruction and construction progress meetings. G. In the event the City wants to relocate a shelter to another Site agreed upon by both parties, the City will relocate the transit shelter from its current location and install it on the agreed upon Site, in compliance with the City's building code requirements, Florida Transit Facility Guidelines, the Americans with Disabilities Act (ADA), and FDOT guidelines. H. Promptly repair and/or replace damaged sections of the boarding and alighting area, sidewalk and curb associated with the shelter. 1. Promptly remove graffiti within five (5) working days of notification. J. Maintain the area around the bus shelter K. Empty the trash receptacles at least once per week. L. Assume responsibility for payment of all costs associated with the City's responsibilities under this Agreement. Page 3 of 6 c aD E m m a� a cc 0 0 m c y L aD w a� kn c �a Packet Pg. 29 8.C.1.a 6. Term. The term of this Agreement shall begin on the effective date as provided below and shall terminate on fifteen (15) years from that date. The term of this Agreement may be extended for additional five (5) year periods upon the mutual consent of both parties. Either party shall have the right to terminate this Agreement for cause upon ninety (90) days prior written notice to the other party. 7. Liability, The parties to this Agreement shall not be deemed to have assumed any liability for the negligent or wrongful acts, or omissions of the other party, or their respective officers, employees, servants or agents. Nothing contained herein shall be construed as a waiver by the parties of the liability limits established in 768.28, Florida Statutes (2014). a. Notice of Comolalnts or Suits. Each party will promptly notify the other of any citizen complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. Each party agrees to cooperate with the other in any investigation either may conduct, the defense of any claim or suit in which either party or Treasure Coast Connecter is named, and shall do nothing to impair or invalidate any applicable Insurance coverage. 9. COMPLETE UNDERSTANDING. This Agreement contains a complete understanding of the parties hereto, notwithstanding any previous written or oral understandings between the parties on the same subject. 10. NOTICES. Any notice, payment, demand, or communication required or permitted to be given by any provision of this Agreement shall be in writing and shall be deemed to have been delivered and given for all purposes, whether or not the same is actually received, if sent by registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: As to City' City Manager City of Port St. Lucie 121 SW Port St. Lucie Boulevard Port St. Lucie, Florida 34984 As to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: City Attorney City of Port St. Lucie 121 SW Port St. Lucie Boulevard Port St. Lucie, Florida 34984 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 Page 4 of 6 Packet Pg. 30 8.C.1.a or to such other address as the parties may from time to time specify by writing. Any such notice' may at any time be waived by the person entitled to receipt of such notice. U) r 11. AMENDMENTS. No amendment, modification, or waiver of thls Agreement, or any part c hereof, shall be valid or effective unless in writing and signed by both parties, and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of aD any other conditions or subsequent breach whether of like or different nature. 12. FURTHER DOCUMENTS. Each of the parties hereto hereby agree that they will execute and deliver such further instruments and do such further acts and things as may be necessary or desirable to carry out the purposes of this Agreement. 13. SECTIONS -CAPTIONS. Sections and other captions contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent of intent of this Agreement or any provision hereof. 14. SEVERABILITY. Each provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegibility or invalidity shall not affect the validity of the remainder of this Agreement. 15. GOVERNING LAW. This Agreement and the rights of the Parties shall be governed by and N construed or enforced in accordance with the laws of the State of Florida. c aD 16. FILING: EFFECTIVE DATE. This Agreement, and subsequent amendments shall be effective E when filed with the Clerk of the Circuit Court of St. Lucie County. a IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their cc respective names by their proper officials and under their official seals this day of ° 2015. °' c W BOARD OF COUNTY COMMISSIONERS Lm w ATTEST: ST. LUCIE COUNTY, FLORIDA Cn c BY: BY. L Deputy Clerk Chair ~ APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney Page 5 of 6 Packet Pg. 31 8.C.1.a CITY OF PORT ST. LUCIE ATTEST: BY: BY: Clerk sltiy�aenanMlineeeoe{pz�.��a�;a ehenen_2olsee� Mayor APPROVED AS TO FORM AND CORRECTNESS BY: Page 6 of 6 City Attorney Packet Pg. 32 8.C.1.a Reverse Barrel Vault Roof Style Bus Shelter (as manufactured by Duo -Guard Industries or equal) Note. The graphic above provides a visual for the general style and shape of the shelters that will be used for this project. The shelters for this project will have the following features which are not shown in the graphic above. Roof will be a "stone white" color. • The front of the shelter will be fully open. • The side and back panels will be perforated aluminum. Page 1 of 2 Packet Pg. 33 EXHIBIT A 8.C.1.a i' X 12' RUS SHFI TFR I>VL. N AR04 S) FLOWl iGk S1/L'{ 4W RALI MAI f MIAI AW) Of I All.S �SflAtl F►'/ tlili+ 'itl7/ 1�•N R:.';7f P r A Al V 1. el+ l ,'NF OF t-VFRHAi v'C !ROOF+ Schematic Drawings of the Bus Shelter Page 2 of 2 Packet Pg. 34 EXHIBIT B 8.C.1.a 0 Location Map CTradition Field: North side of University Boulevard, east of Peacock Boulevard OCashmere Corners: West side of Cashmere Boulevard, south of St Lucie West Boulevard © Sportsman Park: North side of Prima Vista Boulevard, west of Airoso Boulevard ORavenswood Pool/Library: West side of Ravenswood Lane, south of Prima Vista Boulevard Loco Joe's: East side of Port St Lucie Boulevard, north of Gatlin Boulevard With the exception of Loco Joe's Bus Shelter, all will be located within City of Port St Lucie road rights -of -way. Loco Joe's Bus Shelter will be located within an easement on private property. A copy of this recorded easement is provided as Exhibit C. Page 1 of 4 Packet Pg. 35 EXHIBIT B 8.C.1.a ITV VI�III�, 1NVl 111 `lV ♦VU— Vl 1,-- ♦. — uvµav --I Page 2 of 4 Packet Pg. 36 EXHIBIT B 8.C.1.a LVV11lll� LUJI `.V YY UIV IlI, VJV LVUIVV UaVJ Page 3of4 Packet Pg. 37 8.C.1.a Page 4 of 4 Packet Pg. 38 EXHIBIT C 8.C.1.a Prepared by and when gil:orded return to: AzIlne Goldstein Siegel, Assistant City Attorney CITY OF PORT ST_ LUCIE City Attorney's Office 121 S.W. Port St Lucie Boulevard Port St Lucie, FL 34984 ' i JOSEPH E. SMITH, CLERK OF yHF_ CIRCUITCOURT SAINT LUCW COUNTY FILE / 39ml o&j3rAi4 et 05:43 AM OR HOOK U42 PAGE W5 - 559 One TWO; EASMr RECORDING: S44M (5paee above pots line reserved for recording oBae use only) EASEMENT THIS EASEMENT ('Easement"), made this J A4 day of ^I& e° , , 2014 between MRJK REAL. ESTATE, LLC, a Florida limited liability company, whose principal address is 1362 Dakota Drive, Jupiter, Florida, 33458 ('0rantor"), and CITY OF PORT ST. LUCIE, a Florida municipal corporation, whose post office address is 121 S.W. Port St. Lucie Boulevard, Port St. Lucie, Florida, 34984 of the County of St. Lucie, State of Florida ("Grantee"). (Wherever used herein, the terms 'Grantor" and 'Grantee" shall include all the parties to this instrument and their respective heirs,_ legal representatives, successors and assigns.) WI TNESSETH WHEREAS, that the said Grantor, is the record fee simple owner of certain real property (hereinafter referred to as the "Parent Parcel") located in Port St. Lucie, St. Lucie County, Florida and more particutarty described as follows: Lots 4, 6, 14, and 15, Block 2287 of Port St. Lucie Section Forty -One, according to the Plat thereof, as recorded in Plat Book 15, Page 36 of the Public Records of St. Uccle County, Florida. WHEREAS, the Grantor desires to grant and convey to Grantee, its successors and assigns, and the Grantee desires to accept for the purposes set forth herein an exclusive perpetual easement for bus shelter purposes over, through, across, and under a portion of the Parent Parcel (the "Easement Area') that is more specifically described in Exhibit 'A," which is attached hereto; and WHEREAS, the Easement and attendant rights that are hereby conveyed to the Grantee include but are not limited to the right, Privilege, and authority to construct, use, operate, maintain, improve, and/or repair either above or below the surface of the ground certain facilities and associated improvements for a bus stop shelter. Page 1 of 3 Page 2 of 5 Packet Pg. 39 8.C.1.a EXHIBIT C N L d t M NOW THEREFORE, for and in consideration of the sum of Ten Dollars and No Cents ($10.00), and other good and valuable consideration in hand paid by the Grantee, the receipt M whereof is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey to the Grantee, its successors or assigns forever, a perpetual easement for bus shelter purposes D through, upon, over, along, under and across the Easement Area together with the non- exclusive right of ingress and egress to, from and over said Easement Area which may be J required for the use and enjoyment of the rights herein granted_ co TO HAVE AND TO HOLD the Easement hereby granted unto the Grantee, its lfcersees, c agents, legal representatives, successors and assigns, together with all conditions and a covenants set forth herein, all of which shall be covenants running with the land that benefit the public at large, and shall inure to and be binding upon the heirs, representatives, successors and assigns of Grantor and Grantee. Grantor will defend its title to the real property against all E persons claiming by, through or under Grantor. m L IT IS UNDERSTOOD, that the Grantee, at its sole cost and expense, shalt be rsr Q responsible for the construction of any concrete pads, benches, shelters, signs and other M facilities appurtenant to a bus stop shelter (collectively, the 'Bus Shelter Factlft1w) that may be c installed, erected, or in anywise made over, under, across, through or upon the Easement Area by, for, or on behalf of the Grantee_ If any of the real estate, vegetation, landscaping, sod, or any other improvement of the Grantor that is located outside the Easement Area on Grantor's property is disturbed or damaged by any of the activities, permitted under this Easement, of Grantee, its agents, employees, contractors, consultants, or persons acting pursuant to 00 contracts or agreements with Grantee then Grantee shall restore all such property to a condition v substantially similar to the condition existing prior to the disturbance or damage. d IT 1S ALSO UNDERSTOOD, that the Grantee has the right but not the obligation to E maintain, improve, restore and/or repair the Bus Shelter Facilities as the Grantor hereby agrees to assume any and all such maintenance obligations immediately following the completion of the ant construction and/or installation of any Bus Shelter Facilities. Grantor shall maintain the Bus Q Sheffer Factrales in a safe and good condition and repair, free of trash and rubbish. 0 IT IS FURTHER UNDERSTOOD the Grantor does hereby covenant and agree that after the execution and delivery of this Easement to the Grantee, that Grantor shall not erect or permit the erection of any building or other improvement or obstruction on, over, within, upon, y through or under the Easement Area without the express, prior written consent of the Grantee. L d IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its z name, and set its hand and seal by its proper offear or representative duly authorized the day rn and year fast above written. w c c� L [SIGNATURE PAGE TO FOLLOW] Q J o- M T Page 2 of 3 V 00 r c m E t v .r r a Page 2 of 5 Packet Pg. 40 EXHIBIT C 8.C.1.a Signed, seated and delivered in the presence of: —Leo ?A-"W'L10 G vv ss riM Named STATE OF O d&4- ) {{,,�� ss COUNTY OFT�aj MRJK REAL ESTATE, LLC, a Florida limited liability company AM 1(a.C. of rwA NOmtFanc - swe sr Freres w oftm. jo I. Iola CM1MW N * Er m5102 19M Thw* MM W homy Alm The fo egoing instrument Was acknowledged before me this by t►ar2eftw. ; as InEh.+r�ur as NOTARY SEAUSTAMP Agreed to and Accepted By Grantee: J Attest:��rgr'— lj**'S,��'/. Karm-7k7ftillips, City GAWR Approved as to Form and Correctness: Pam S. Booker, interim City Attorney Note: Reference City Resolution 14-R 84 day of rG , 2014, to me, or 11 who has CITY OF PORT ST. LUCIE, a Florida municipal corporation Page 3 of 3 c aD E m m L a cc 0 0 m w c y Lm w a� t Cn N C R H Page 3 of S Packet Pg. 41 EXHIBIT C 8.C.1.a LEGAL DESCRIPTION A PARCEL OF LAND FOR A BUS SHELTER EASEMENT LYING IN A PORTION OF LOT 4, BLOCK 2887, PORT ST. LUCIE SECTION FORTY ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15, PAGE 35, 35A TO 35L, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID PARCEL OF LAND FOR BUS SHELTER EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 4, SAID POINT BEING ON THE EASTERLY RIGHT OF WAY LINE OF PORT ST. LUCIE BOULEVARD. THENCE; N 21'10'58" E ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 34.00 FEET TO THE POINT OF BEGINNING. THENCE, CONTINUE N 21'10'38" E ALONG SAID RIGHT OF WAY, A DISTANCE OF 14.00 FEET, THENCE, S 68'49'22" E DEPARTING SAID RIGHT OF WAY LINE A DISTANCE OF 8.0�FEET, THENCE, S 21'10'38" W A DISTANCE OF 14.00 FEET. THENCE, N �8 49'22" W A DISTANCE OF 8.00 FEET TO A POINT ON THE SAID EASTERLY RIGHT OF WAY LINE OF PORT ST. LUCIE BOULEVARD AND THE POINT OF BEGINNING. SAID BUS SHELTER EASEMENT CONTAINING WITHIN SAID HOUNDS 112 SQUARE FELT (0.003 ACRES) MORE OR LESS. PAGE t OF 2 NOT VAUD 1" MOUi PAGE 2 OF 2 .MB Mo.: V�LCK7JY QROa!JP: AYrR. 13-031 SKETCH AAO LESAL DESCl77PTJCON Mmarus t sta wyoRs cGrbrrsK ai .NpApe�Uagrr rAt u asr strEsr: , — OF BUS SH/E4TQR EASEMENT G mu Am s rai noun s r OF r •' _ _ PC* LOCO x0E'5 Now ww CRI��p.ewn SHELTR c k4..dwg. A:. 3/17/201 10:17:19 AM Page 4 of 5 Packet Pg. 42 ROPO ED US S P ASEM NT ,RI 14,f w of I w Q, z L- 4J EXHIBIT C IX. BLDG. F LOT 5 ' "40ML. SIDEWALK (T`fP_); � i � blb� i bsti iil� PORT ST, LUCIE SECTION 41 LOT 4 LINE TABLE BLOCK 2$87 1 —1 N 21*10'38" E 14.00' L-2 S 68'49'22" E 8.00' L-3 S 21'10'38" W 14,00' L— 4 N 68'49'22" W 8.00' ® ®1 llil il�l�l�ee N 68'49'22" W 250.00' ,SOUTHWESTERLY COFj2 LOT 4 ► I LOT 3 -._ LEGEND SKETCH 4F OESP.W. 7I0 CONC. - CONCRETE BEARINGS SH01W HEREON AR6=" TO COR = GbRNER CORAT EASTERLY RIGHT OF WAY LIME t�Rr ,:j( i EX. = BOULEVARD, SAID BEA at. o* �1 OTHERS 9EARINGS AR �`•• ESMT. = EASEMENT ... :I VALID WITRQNT P.O.R. s POINT OF BEGINNING NOT SEAL OF A fLOR/pI P.O.C. - POINT OF COMMENCEMENT P.B. = PLAT BOOK _ NOT VAUD wr k PG. = PAGE - a2$ R/W - RIGHT OP WAY . '. .. THIS IS NOT A - ' 5 4�I. (IYP.) = TYPlG4L L-1 = LINE ONE PROFESStO STATE 1a-031 SKErcH AND LE" DESd2WTrO1v +� � OF"JIMTER EASBME ff � anrarAll or.r+sr. AV � s. rwlr sr. t of P FOR LOGO JOE'S ,.POW o—mow. s, - j Mln ( _S\Ea- 1 dwo 1 -tLTER ESA .0wg, -IC EH. 3/1 Oi5 7C:1 :.• fWb Sb.. w wF Ati t:\ ro;.cts Page 5 of 5 Packet Pg. 43 8.C.2 ITEM NO. (ID # 2890) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Heather Young, Asst. County Attorney County Attorney DATE: 06/02/2015 *CONSENT AGENDA\COUNTY ATTORNEY Interlocal Agreement - Joint Library Services at IRSC Pruitt Campus The August 31, 1995 Interlocal Agreement for the provision of library services at the Indian River State College Pruitt Campus located in St. Lucie West will expire on July 1, 2015. Attached to this agenda item is a proposed Interlocal Agreement which will extend the cooperative use of the library facility on the Pruitt Campus for an additional twenty-five (25) years. The parties' respective duties have been drafted by the Library Manager and her IRSC counterpart based upon experience in operating the library as a joint facility over the past twenty (20) years. The Board of Trustees of Indian River State College will consider approval of the proposed Interlocal Agreement during its meeting on May 26, 2015. PREVIOUS ACTION: On August 31, 1995, the County entered into an Interlocal Agreement with the Board of Trustees of Indian River Community College, n/k/a Indian River State College, for the provision of library services at the St. Lucie West campus, n/k/a Pruitt Campus. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Interlocal Agreement with Indian River State College for the continued provision of library services at the Pruitt Campus library in St. Lucie West, and authorize the Chair to sign the agreement, subject to approval of the agreement by the Board of Trustees of Indian River State College. Packet Pg. 44 8.C.2 Coordination/Signatures anie 5. McIntyre, C my ttorney 5/21/2015 updated: 5/21/2015 10:20 AM by Susan Bellamy Page 2 Packet Pg. 45 8.C.2.a INTERLOCAL AGREEMENT between INDIAN RIVER STATE COLLEGE and ST. LUCIE COUNTY relating to THE PROVISION OF LIBRARY SERVICES AT ST. LUCIE WEST This Interlocal Agreement is made by and between the BOARD OF TRUSTEES of INDIAN RIVER STATE COLLEGE, (hereinafter referred to as "Trustees") and ST. LUCIE COUNTY, a political subdivision of the State of Florida '(hereinafter referred to as "County") to provide a joint use library. Background Recitals 1. Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act of 1969 as amended (the "1969 Act"), provides that local governmental units may cooperate with each other on a basis of mutual advantage to provide services and facilities as set forth in the 1969 Act and to enter into an interlocal agreement on the terms and conditions set forth in the 1969 Act. 2. The Trustees own real property including a 28,000 square foot library building at the Pruitt Campus (the "Library" or the "Facility") 3. Effective on August 31, 1995, the parties entered into an agreement which provided for the provision of library services at St. Lucie West in the Library which agreement will expire on July 1, 2015. 1 Packet Pg. 46 8.C.2.a 4. The Trustees find that the Library facilities and services contemplated in this Interlocal Agreement will continue to serve a public purpose and will benefit the St. Lucie County community, as well as the students, faculty, and staff of Indian River State College ("College") 5. The County finds that the Library facilities and services contemplated in this Interlocal Agreement will continue to serve a public purpose and will benefit the St. Lucie County community 6. The parties hereto have determined that it would be to the mutual advantage of each of the parties to provide for the cooperative use of library facilities by an Interlocal Agreement NOW, THEREFORE, in consideration of the mutual advantages- accruing to the parties and the benefits, promises, and considerations hereinafter set out, Trustees and County do hereby agree as follows: ARTICLE 1. PURPOSE AND INTENT 1.1. Trustees and County wish to maximize the use of their respective resources and to provide state -of the -art information services for the students, faculty, and staff of Indian River State College and the residents of St. Lucie County by providing for the operation of library and Library Facility, on the terms and conditions found in this Interlocal Agreement. The Background Recitals are true and correct and form a material part of this Interlocal agreement. ARTICLE 2. TRUSTEES' RESPONSIBILITIES 2.1. Trustees' responsibilities shall be as follows: 6 Packet Pg. 47 8.C.2.a 2.1.2. Provide daily administrative oversight for the operation of the joint use library through its designated Administrator for Learning Resources. 2.1.3. Provide patrons with on -site mediated access to the College's online licensed library databases and discovery tools, such licenses and databases to be purchased from funds available to the Trustees or as provided to the College through the Complete Florida Plus Program (CFPP) 2.1.4. Agree to be responsible for damages to County's designated equipment and to give proper notification to County when equipment needs normal maintenance or basic service occurring during the periods when County's designated equipment is used by Trustees. 2.1.5. Inventory and advise County of any and all library materials, equipment, hardware, and furnishings purchased with County funds upon request. ARTICLE 3. COUNTY RESPONSIBILITIES 3.1. County responsibilities shall be as follows: 3.1.2. Cooperate with Trustees and the College in their respective and/or collective efforts to ensure that the requirements for accreditation by the Southern Association of Colleges and Schools, Commission on Colleges, set forth in this Interlocal Agreement are met. 3.1.3. Install and maintain County's library management software, related software, hardware, and peripherals at appropriate workstations in the Library for use by employees and patrons at the sole cost to the County. 3 Packet Pg. 48 8.C.2.a 3.1.5. Recognize a valid College identification card or other current College documentation for the issuance of a County Library card and number. 3.1.5. Provide funding for the provision of County services and operations at this location The County follows an October -September fiscal year. The designated library administrators shall meet on or before February 1 of each year, or when budget figures are available, to confer and develop a proposed budget for the County. By October 1 of each year, the County will notify the Trustees via a letter of intent the amount of funding that will be provided. The Trustees will submit an invoice to the County in October and in March of the fiscal year for two equal payments. The Trustees will act as the fiscal agent for disbursement of County funds. The County's payments will fulfill its contractual agreement with the Trustees. ARTICLE 4. TRUSTEES AND COUNTY RESPONSIBILITIES 4.1. Each of the Trustees and County, acting by and through their respective designees, shall have the following responsibilities: 4.1.2. Evaluate the Library regularly and systematically to ensure that it is meeting the needs of patrons and is supporting the programs and purpose of the College and the County. The foregoing review will be conducted cooperatively by designees of the College and the County Library System. 4.1.3. House library materials purchased by the partners in support of their respective patrons. Each party will control the selection and purchase of its resources for the library. 4.1.3. Provide respective orientation programs to teach patrons how to access and utilize bibliographic information and other learning resources. CI Packet Pg. 49 8.C.2.a 4.1.4. Assist all library patrons, regardless of their affiliation, to use resource materials effectively. 4.1.5. Provide Internet access at the Library for the use of all County patrons and College students, faculty, and staff. The County also has a responsibility for providing filtered Internet access for its public library patrons at this location. 4.1.6. Provide interlibrary loan services to patrons via their respective partner. 4.1.7. Implement a cooperative policy governing resource materials selection and deselection including, without limitation, the preservation, replacement, or removal of deteriorating materials in the collection. 4.1.8. Acknowledge that the Library employees at this location are College employees and adhere to the College schedule. 4.1.9. Hold periodic meetings with respect to Library operation and advice on budget, acquisitions, equipment, and any other aspects of the Library operation. These meetings will be convened by the designated library administrators for both partners. 4.1.10. Allow each partner to utilize its respective library management system for the management and circulation of its own resources. 4.1.11. Purchase, process, catalog, and deliver collection materials in support of the partner's respective patrons using the College's classification system. 4.1.12. Provide library statistics, including, without limitation, circulation, informational and reference questions, and computer and building usage, at least quarterly. 4.1.13. Determine mutually the operating hours for this library; however, these hours will fall within the College work schedule. :6i Packet Pg. 50 8.C.2.a 4.1.14. Provide patrons with access to the online catalogs of both partners. 4.1.15. Provide reciprocal borrowing privileges to College students, faculty, and staff and to County patrons regardless of their residence. 4.1.16. Provide space and reasonable access in the main and secondary communications rooms as needed for the partners' communications equipment. 4.1.17. Install infrastructure that accommodates the library management system needs for both partners. 4.1.18. Cooperate with each other to further the Purpose and Intent as set forth in this Agreement and this Interlocal Agreement shall be liberally construed and interpreted to the maximum extent possible fully to effectuate its purpose and intent. ARTICLE 5 TERM; AMENDMENT, TERMINATION 5.1. The term of this Interlocal Agreement shall be twenty-five (25) years. 5.1.2. Any party that desires to terminate this Interlocal Agreement must send at least one (1) year's prior notice of such intent, setting forth with particularity the reason for such requested termination or non -renewal, together with a specific proposal for the orderly transition of Library operations to the other party. 5.3. This Interlocal Agreement may be amended only by written agreement of the parties. A party requesting amendment of the Interlocal Agreement must provide written notice, setting forth with particularity the nature of the proposed amendment, to the other party at least ninety (90) days prior to the proposed effective date of the amendment Packet Pg. 51 8.C.2.a 5.4. In the event of discontinuance of funding by the Florida Legislature in subsequent years, or the termination of this Interlocal Agreement, all County materials, furniture, and equipment which have been purchased with County funds shall revert to the County unless otherwise provided for in a subsequent agreement. All other items shall become the property of the Trustees. ARTICLE 6 MISCELLANEOUS PROVISIONS 6.1. This Interlocal Agreement shall be governed by the laws of the State of Florida and any and all legal action taken because of this Interlocal Agreement shall be instituted in St. Lucie County. 6.2. This Interlocal Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Interlocal Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. 6.3. If any term or provision of this Interlocal Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Interlocal Agreement, then the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. N Packet Pg. 52 8.C.2.a 6.4. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, FL 34982 If to College: President Indian River State College 3209 Virginia Avenue Fort Pierce, FL 34982 With copies to: St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Community Services Director 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With copies to: XX Indian River State College 3209 Virginia Avenue Fort Pierce, FL 34982 Any notice, request, demand, consent, approval or other communication required by this Interlocal Agreement shall be given or made in writing and shall be served (as elected by the party giving such notice) by any of the following methods: Hand delivery to the other party; or ii. Delivery by commercial overnight courier service; or iii. Mailed by certified mail (postage prepaid), return receipt requested. 6.5. This Interlocal Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. %01 Packet Pg. 53 8.C.2.a 6.6. This Interlocal Agreement and any amendments hereto shall become effective upon execution by both parties and filing with the Clerk of the Circuit Court for St. Lucie County pursuant to Section 163.01(11), Florida Statutes. ARTICLE 7 AUDIT 7.1. The parties agree that either party or any of its duly authorized representatives shall, until the expiration of five (5) years after expenditure of any funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the other party involving transactions related to this Interlocal Agreement. ARTICLE 8 PUBLIC RECORDS 8.1. The parties shall allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by either party in conjunction with this Interlocal Agreement. ARTICLE 9 ASSIGNMENT 9.1. No party shall assign this Interlocal Agreement to any other persons or firm without first obtaining the non -assigning party's approval. ARTICLE 10 WHOLE UNDERSTANDING 10.1. This Interlocal Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Interlocal Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. This Agreement may 01 Packet Pg. 54 8.C.2.a only be amended by a written document, properly authorized, executed and delivered by the parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date aforesaid. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIR 17_11114 APPROVED AS TO FORM AND CORRECTNESS: M$] COUNTY ATTORNEY Packet Pg. 55 8.C.2.a ATTEST: SECRETARY BOARD OF TRUSTESS INDIAN RIVER STATE COLLEGE BY: EDWIN R. MASSEY PRESIDENT DATE: APPROVED AS TO FORM AND CORRECTNESS: 11 ATTORNEY Packet Pg. 56 8.D.1 ITEM NO. (ID # 2807) TO: PRESENTED BY: SUBMITTED BY: 411 1"F BACKGROUND: AGENDA REQUEST Board of County Commissioners Diana Wesloski, Housing Manager Housing Services Division Invitation to Bid (ITB) No. 6 DATE: 06/02/2015 *CONSENT AGENDA\COMMUNITY SERVICES The Housing Division receives Federal and State grants that provide funding for low-income residents to assist with the rehabilitation or replacement of owner occupied homes. On March 27, 2015 ITB No. 6 was issued to the eight contractors on the pre -qualified contractors list. A mandatory pre -bid meeting was completed on March 31, 2015. The bid was due on April 20, 2015. Two responses were received. All projects incorporate green, energy efficient products, including but not limited to 16 SEER or higher rated HVAC, double pane low E impact windows, and Energy Star -certified appliances and hot water heaters. The apprenticeship program parameters do not apply, as this project does not exceed $300,000. Local preference is not permitted with federal funds. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available from the Community Development Block Grant (CDBG) Small Cities fund and the State Housing Initiatives Partnership (SHIP) fund (001563-5420-549605-500, 185014-5420- 549605-500). Staff recommends Board approval to award ITB No. 6 to De La Hoz Builders, Inc., and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 57 8.D.1 Coordination/Signatures 6yd2er, Community Services Dir r 5/19/2015 Danie 5. McIntyre, Cgifinty ttorney 5/21/2015 Updated: 5/15/2015 9:22 AM by Jennifer Hance Page 2 Packet Pg. 58 I 8.D.1.a I r UNTY 0 R[ D A St. Lucie County Housing Rehabilitation Bid Tab for ITB No. 6 Bid Opened April 20, 2015 @ 2:00 PM ITB No. 6 Contractor Markee-4904 Seagrape Drive De La Hoz $123,324 Sebastian, FL Gentile, LLC West Palm Beach, FL Black Street Enterprises, LLC d/b/a $126,499 BSE Construction Group Port St. Lucie, FL *Did not submit a bid Packet Pg. 59 8.D.2 ITEM NO. (ID # 2884) DATE: 06/02/2015 AGENDA REQUEST *CONSENT AGENDA\COMMUNITY SERVICES TO: Board of County Commissioners PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: The ARC of St. Lucie County, Inc. - Funding Agreement BACKGROUND: The Florida Housing Finance Corporation (FHFC) administers the State Housing Initiative Partnership (SHIP) Program, which provides funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multifamily housing. The program was designed to serve very -low, low and moderate income families. The FY 14/15 SHIP allocation requires that 20% of the funding serve the special needs population. On April 10, 2015 a Notice of Funding Availability (NOFA) was advertised requesting applications from non-profit agencies whose mission it is to serve the special needs population. The NOFA required the project to address the rehabilitation of rental housing. The ARC of St. Lucie, Inc, a 501(c)(3) non-profit organization that serves individuals with developmental and intellectual disabilities submitted the sole response to the NOFA. The project will consist of the rehabilitation of a community residential home that will house adults with developmental disabilities. Assistance will be granted in the form of a forgivable fifteen year, 0% interest deferred payment loan in the amount of $96,700. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available in the FY 14/15 SHIP fund (185015-5420-549605-500). RECOMMENDATION: Staff recommends board approval of the agreement between St. Lucie County and The ARC of St. Lucie County, Inc., and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 60 Coordination/Signatures yder, Community Services Di r r 5/19/2015 1�jdlivp anie S. McIntyre, C my ttorney 5/19/2015 Updated: 5/15/2015 2:25 PM by Jennifer Hance Page 2 Packet Pg. 61 8.D.2.a FUNDING AGREEMENT THIS AGREEMENT, made this day of , 2015, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and ARC OF ST. LUCIE COUNTY, INC., a Florida nonprofit corporation, or its successors, executors, administrators, and assigns hereinafter called "ARC": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: The County shall loan to ARC Fiscal Year 14/15 SHIP funds in a total amount not to exceed ninety-six thousand seven hundred and 00/100 dollars ($96,700.00) to assist in the rehabilitation of the Menendez Residential Facility which will provide residential housing for adults with developmental disabilities with household incomes not to exceed fifty percent (50%) of the area median income, hereinafter called the "Project". The loan shall be a fifteen (15) year deferred payment loan at zero percent (0%) interest. In the event of default during the fifteen year affordability period, the full remaining amount of the remaining loan balance shall be due. The following shall be considered a default for the purposes of this provision: A. Sale or other form of transfer of title to the subject property and/or improvements; B. Refinancing of the property and/or improvements: C. Failure to comply with the terms of this Agreement; or D. Default on Florida Housing Finance Corporation Restrictive Covenant and/or Grant Agreement Authority for the Project (Menendez Residential Facility/FRA 2013-005/2014-287G) dated September 30, 2014, hereinafter called "FHFC Agreement". 2. ARC shall complete the rehabilitation project in accordance with the terms and conditions of the Florida Housing Finance Corporation Restrictive Covenant and FHFC Agreement. 3. ARC shall submit Program Report Form PR-1 to the County on an annual basis. The first calendar month for which the Report shall be submitted no later than the fifteenth day of the month following the calendar month during which all units in the Project are first occupied. Subsequent reports shall be submitted annually no later than January 151h for the period ended December 31" of the previous calendar year. Program Report Form PR- 1 may be found at http://www.floridahousing.org/PropertyOwnersAndManagers/Forms/. 4. Upon the completion of the Project, ARC shall submit a Request for Payment to the County. The Request for Payment shall include certification that the Project was completed in accordance with the terms of this Agreement and the FHFC Agreement and a Certificate of Occupancy for the Facility. Payment to ARC shall be made in one lump sum payment within thirty (30) days after approval by the County of ARC's Request for Payment. Packet Pg. 62 8.D.2.a 5. ARC shall have internal controls adequate to safeguard the grant. 6. If the grant cannot be used or a subsequent audit reveals the grant was not used according to the FHFC Agreement and/or this Agreement, any money not so used shall be reimbursed to the County. 7. ARC shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. ARC shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under the Grant Contract. 8. ARC gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of ARC involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 9. ARC is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. ARC shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by ARC or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. ARC hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 10. ARC agrees to comply with all local, state and federal laws, rules and regulations. 11. ARC shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 2 Packet Pg. 63 8.D.2.a (d) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. 12. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 13. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue, 3rd Floor. Fort Pierce, Florida 34982 To ARC: ARC of St. Lucie County, Inc. P O Box 1016 Fort Pierce, Florida 34954 14. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, ARC agrees to use said forms. 15. ARC represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2014) and as may be amended from time to time. ARC further represents that no person having any interest shall be employed for said performance. 16. ARC shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence ARC's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, 3 Packet Pg. 64 8.D.2.a the nature of work that ARC may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by ARC. The County agrees to notify ARC of its opinion by certified mail within thirty (30) days of receipt of notification by ARC. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by ARC, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by ARC under the terms of this Agreement. 17. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 18. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 19. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 20. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 2 Packet Pg. 65 8.D.2.a IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ARC OF ST. LUCIE COUNTY, INC. BY: EXECUTIVE DIRECTOR Packet Pg. 66 4E )) FRIDAY, AP SPORT UTILITY M FORD - '03 Sporttrack, xtra clean, runs great $1500 down Call 772-600-8436 DLR c+„ar+a„+ncalcc rnm fully loaded, 1. owner, clean CarFax, sharp $1500 down 772-600-8436 DLR stuartautosales.com GMC - Yukon XL 2007 Pristine, Arctic White, 66,000mi, $13,000 772-285-6098 WEB ID 2687206 TRUCKS DODGE - '98 Dakota Xtra Cab, cold a/c, V8 auto $2750 772-600-8436 DLR c+„ar+a„+ncalnc rnm Cap 7.3 Itr Diesel, gd cond, 5th wheel hitch. $8500 772-318-8504 WEB ID 2686748 FORD - Ranger '07 reg cab, ladies truck, 4 cyl, auto, new bat- tery & Michelin tires, bedliner, Ton- neau cover, spring sunshield, white w/ decorative stripes, Asking $11,500 obo Loretta 954- 684-8781 SL WEB ID 2687034 VANS KIA - '02 Sedona van, auto, cold a/c, $2250 772-600.8436 DLR stuartautosales.com ANTIQUE & CLASSIC CARS i CHEVROLET Camaro '69 Convert, 327, 3 spd.auto, dusk blue, white top, clean straigght body, 123k mi. $22,500. Call 919-418-3833 IR. WEB ID 2686164 JAGUAR -1983 XJS, V-12 Hemi, 114500 mi, moonroof, wire whls, blue, $3000 or BRO; 802-674-9160 toIM In 7CR272C spd Ex cond New tires, straight body $8000 772-781.3741 WEB ID 2677072 VEHICLES WANTED AAA AUTO Analysis All Makes • All Price Ranges. We buy Cars Trucks & Motorcycles Est. 1981 772-260-9707 A ACURA TO VOLVOS TOP $ DOLLAR CASH FOR YOUR VEHICLE 772-879-9995 relic Ja lic INr- It's Always A Buyer's Market at Treasure Coasi Classified tcpalm.com classified Advertise in Treasure Coast Classified RIL 10, 2015 )) SCF I Olt �i4ael 1EGALS NOTICE Notice of Merger Application Notice is given that application has been made to the Office of the Comptroller of the Currency, South- ern District Office, 500 North Akard Street, Suite 1600, Dallas TX 75201, for consent to merge Grand Bank & Trust of Florida West Palm Beach, FL into Seacoast National Bank Stuart, FL It is contemplated that the main offices and branch offices of the above named banks will continue to oper- ate and no locations of the above -named banks will be closed as a result of the transaction. This notice is pub- lished pursuant to 12 USC 1828(c) and 12 CFR 5. Anyone may submit written com- ments on this appli- cation on or before May 11, 2015 to: Director for District Licensing, Office of the Comptroller of the Currency, South- ern District Office, 500 North Akard Street, Suite 1600, Dallas TX 75201 or SO. Licensing@occ.tr eas.gov. The public file is available for inspec- tion in the OCC Southern District Of- fice during regular business hours. Written requests for a copy of the public file on the applica- tion should be sent to the Director of Dis- trict Licensing. If you have any ques- tions concerning these procedures, contact the Director for District Licensing at (214) 720-7052. 4/10/2015 Grand Bank & Trust of Florida West Palm Beach, FL Seacoast National Bank Stuart, FL Pub: April 10, 17, May 5, 2015 Trrnivauaozn for Merger of Bank Holding Companies Notice is hereby giv- en that Seacoast Banking Corporation of Florida, with its main office in Stuart, Florida ("Seacoast") INSTR 2504413 OR BK 2772 PG 509 RECD 03/17/2015 09:59:59 AM (23 PGS) CAROLYN TIMMANN MARTIN COUNTY CLERK NOTICE OF PRESERVATION OF DECLARATION OF PROTECTIVE COVENANTS FOR WINGED FOOT COTTAGES PURSUANT TO FLORIDA STATUTES CHAPTER 712 Notice is hereby given that Winged Foot Cottage Owners Association, Inc., 1111 SE Federal Hwy., Suite 100, Stuart, FL 34994, files this Notice of Preservation of the Dec- laration of Protective Covenants for Winged Foot Cottage, dated April 30, 1985, as recorded in Official Records Book 634, Page 2592, and re -recorded at Official Re- cords Book 637, Page 1323, Martin County, Florida Public Records. The property af- fected by this Declaration is more specifi- cally described as follows: Lots 1 through 40, inclusive, Tract CA-1, CA-2 and CA-3, of Winged Foot Cottages according to that certain Plat recorded in Plat Book 9, Page 92, Public Records of Martin County, Florida. Attached hereto as Exhibit "A" is an Affida- vit executed by a member of the Board of Directors of the Association affirming that the statement required by Florida Statute 0712.06(1)(b)(2014) has been mailed to all members of the Association. Attached hereto as Exhibit "B" is a true and accurate copy of the Declaration of Protec- tive Covenants for Winged Foot Cottages. Please note, the undersigned certifies that the filing of this notice was authorized by a vote of at least two-thirds (2/3) of the mem- bers of the Board of Directors of the Asso- ciation. Pub: April 3, 10, 2015 TCN2685887 ACURA COGGIN ACURA 5400 S. US 1 1/2 way between Vero and Stuart 888-TRY-ACURA Treasure Coast's Only Factory Authorized Dealer Valet & Loaner Cars Certified Body Shop cogginacura.com CADILLAC WALLACE CADILLAC 3555 SE Federal Hwy., Stuart 877-606-0562 CHEVROLET DYER CHEVROLET 4200 S US Hwy 1 CADILLAC Ft. Pierce 772-461-4800 LINOS CADILLAC Sales •Parts BUICK & GMC Service "The Dyer 772-562-1700 Difference" Difference" 1401 US 1 Vero linusautomotive.com Linus Always Sells for Less ■ DYER CHEVROLET Treasure Coast 1000 US1 Hwy Vero Classified makes 772.469-3000 selling your Sales • Parts unneeded items easy. Service "The Dyer Call one of our helpful Difference" Ad Takers today and you'll see what we mean. dyerauto.COm 'IPPS TREASURE COAST NEWSPAPERS NOTICE NOTICE and Grand Bank- -Completed and shares, Inc., with its signed application; main office in West -Proof of liability in - Palm Beach, Florida surance and oper- ("Grand"), have ap- ating licenses; plied to the Federal -Proof of other fi- Reserve for permis- nancing commit- s 9 with and into 9 ion for Grand to ments to be lever - merge aged; Seacoast, with Sea- -Detailed project coast as the resulting summary explain - corporation and bank ing the scope of holding company. work to be com- Immediately follow- pleted; ing such merger, -itemized project Grand's banking sub- budget; sidiary, Grand Bank -Itemized operating & Trust of Florida, budget; will be merged with •A list of agency and into Seacoast's staff that includes banking subsidiary, qualifications and Seacoast National experience. Bank, with Seacoast -Proof that projects National Bank as the are ready for im- surviving institution. mediate construc- The Federal Reserve tion (i.e. copies of considers a number permit application - of factors in deciding s/approval, archi- whether to approve tectural drawings, the application, in- plans, etc...) cluding the record of performance of Funding will be banks owned by available on a first Seacoast and Grand qualified, first in helping to meet served basis on local credit needs. overall capacity, population served, You are invited to financing commit - submit comments in ments, and the writing on this appli- needs of the popu- cation to the Federal lation to be served. Reserve Bank of At- Funding is limited lanta, 1000 Peachtree to and contingent Street NE, Atlanta, upon funding avail - Georgia 30309. The ability. comment period will not end before May St. Lucie County 11, 2015, and may be does not discrimi- somewhat longer. nate against any The Federal Re- person because of serve's procedures race, color, religion, for processing appli- sex, handicap, fa - cations may be milial status, or na- found at 12 C.F.R. tional origin or Part 262. Procedures against any other for processing pro- protected class. In tested applications addition, any rea- may be found at 12 sonable accommo- C.F.R. Part 262.25. dations required by To find out if you the public may be have additional time arranged through for submitting com- the Community ments on the appli- Services office by cation, or if you need calling (772) 462- more information 1777 or TDD (772) about how to submit 462-1428. your comments on Pub: April 10, 2015 the application, con- TCN2686976 tact Kathryn Haney NOTICE OF at 404-498-7298. The SHERIFF'S SALE OF Federal Reserve will PERSONAL consider your com- ments and any re NOTICE IS HEREBY quest for a public GIVEN THAT PUR- meeting or formal SUANT TO A WRIT hearing on the appli OF EXECUTION IS - cation if they are re- SUED ON THE 17TH ceived in writing by DAY OF FEBRUARY, the Federal Reserve 2015, THE CIR- Bank of Atlanta on or CUIT COURT OF ST. before the last day of LUCIE COUNTY, the comment period. FLORIDA, IN THE Pub- April 10,2015 CAUSE WHEREIN TCN2686933 SEACOAST NATION- AL BANK, IS THE PLAINTIFF AND GIO- VANNI ARCIPRETE & ROSE ARCIPRETE, NOTICE ARE THE DEFEN- FY 14/15 State DANT, BEING CASE Housing Initiative NUMBER 2 0 1 1 - Partnership (SHIP) CA001381, IN THE Notice of Funding SAID COURT, I, KEN Availability (NOFA) J. MASCARA, AS SHERIFF OF ST. LU- St. Lucie County is CIE COUNTY, FLORI- seeking applica- DA, HAVE LEVIED tions from qualified UPON ALL THE non-profit agencies RIGHT, TITLE, AND whose mission it is INTEREST OF THE to serve the devel- DEFENDANT, GIO- opmentally disa- VANNI ARCIPRETE & bled population of ROSE ARCIPRETE, IN St. Lucie County. AND TO THE FOL- Up to $100,000 in LOWING DESCRIBED SHIP funding will PERSONAL PROPER - be made available TY, TO WIT: to one qualified 2007TOYOTA non-profit agency 4RUNNER / VIN: selected from the JTEZU14R678088733 / responses re - BLACK IN COLOR calved. Funding AND AT PUBLIC AUC- will be provided in TION TO BE HELD the form of a zero ON THE 13TH DAY percent interest, fif- OF MAY, 2015, AT teen year -deferred THE HOUR OF 10:00 payment loan. The A.M., OR AS SOON project will be sub- THEREAFTER AS ject to annual POSSIBLE, AT THE monitoring. Per- ST. LUCIE COUNTY spective projects COURTHOUSE , must meet the fol- BUILDING-B, 218 lowing criteria: SOUTH SECOND STREET, IN ST. LU- •Projects must serve CIE COUNTY, FORT developmentally PIERCE, FLORIDA, I disabled residents WILL OFFER FOR whose income is at SALE TO THE HIGH - or below 50% of EST BIDDER FOR the area median in- CASH IN HAND ALL come; and, THE RIGHT, TITLE -Be located in unin- AND INTEREST OF corporated St. Lu- THE DEFENDANTS, cie County; and, GIOVANNI ARCI- •Must consist of the PRETE & ROSE ARCI- rehabilitation of PRETE, IN AND TO rental housing. THE AFORESAID PERSONAL PROPER - Applications will be TY, SUBJECT TO available for pickup TAXES, ALL PRIOR beginning Monday LIENS, ENCUM- April 13, 2015 and BRANCES, AND will be accepted JUDGMENTS, IF beginning Monday ANY. THE PRO - M a y 1 1, 2 0 1 5 CEEDS TO BE AP - through Friday May PLIED AS FAR AS 15, 2015. Applica- MAY BE TO THE tions must include, P A Y M E N T O F but are not limited COSTS AND THE to the following in- SATISFACTION OF formation: THE ABOVE DE- SCRIBED EXECU- )) TIC JQTICE TION. KEN J. MASCAR/ ST. LUCIE COUNT) FLORID, BY: MICHAE WATKIN DEPUTY SHERIF In accordance wit the Americans Wit Disability Act, pei sons needing a spt cial accommodatio to participate in thi proceeding, shoul contact Paula Mat Cara, not later tha two (2) days prior t the proceeding 218 South Secon Street, Room 13f Fort Pierce, FL 34950; Telephon (772) 462-3201; o fax a written reques to: (772) 462-332f For speech or heal ing impaired, call 800-995-8771 (Vi Florida Relay Center) Publish: April 10, 1; 24, May 1, 2015 TCN2686925 NOTICE OF ACTION IN THE CIRCUI COURT OF TH NINETEENTH JUD CIAL CIRCUIT II AND FOR INDIAI RIVER COUNT) FLORID, CASE N( 31 2014 CA 00104 TRUST MORTGAGE LLC, v. ROY P. GROSSO, E AL., Defendants. NOTICE OF ACTION TO: Roy P. Grosso 9626 Riverside Driv( Unit 2 Sebastian, FL 32958 and any unknow parties who are c may be interested i the subject matter c this action whos names and resi dances, after diliger search and inquir) are unknown t Plaintiff and whic said unknown partie may claim as heirs devisees, grantees assignees, lienors creditors, trustees c other claimant claiming by, througl under or against th Said Defendant(s) e ther of them, wh are not known to b dead or alive. YOU ARE HEREB' NOTIFIED that an a( tion to foreclose mortgage on the fo lowing describe property: UNIT 20B-2 BUILDINI 20B OF PELICAI POINTE OF SEBA£ TIAN II, A CONDC MINIUM, ACCORC ING TO THE DECLF RATION OF CONDC MINIUM THEREOF AS RECORDED II OFFICIAL RECORD BOOK 717, PAG 1584, OF THE PUE LIC RECORDS OF IN DIAN RIVER COUN TY, FLORIDA PROPERTY APPRAIE ER: 9626 RIVERSID DRIVE, UNIT 2, SE BASTIAN, FL 32958 has been filed again you and you are re quired to serve copy of your writte defenses, if any, to on: Trust Mortgagt LLC c/o Coffey Bui lington, P.L., Plair tiff's attorney, whos address is: COFFEY BURLING TON, P.L. NOTICE OF ACTION 2601 South Bayshore Drive, PH Miami, FL 33133 i service@ coffeybu ding ton.com on or before May 10, L 2015, and to file the i original of the de- F fenses with the Clerk 1 of this Court either 1 before service on - Plaintiff's attorney or - immediately thereaf- i ter. If a Defendant s fails to do so, a de- s fault will be entered - against that Defen- i dant for the relief de- manded in the Com- t plaint. i WITNESS my hand , and the seal of said , Court on March 30, 3 2015. r t JEFFREY R. SMITH . As Clerk of said Court - By: /s/ Jonathan McLellan 3 As Deputy Clerk If you are a person , with a disability who needs any accommo- dation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. r Please contact Corrie - Johnson, ADA Coor- dinator, 250 NW Country Club Drive, J Suite 217, Port St. Lucie, FL 34986, � (772) 807-4370 at . least 7 days before 5' your scheduled court appearance, or im- mediately upon re- ceiving this notifica- tion if the time be- fore the scheduled F appearance is less than 7 days; if you are hearing or voice impaired, call 711. Pub: April 10, 17, 2015 TCN2687074 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN 1 AND FOR INDIAN r RIVER COUNTY, 1 FLORIDA f CASE N0. 31-2014-CA-001158 t DEUTSCHE BANK NA- , TIONAL TRUST COMPANY, AS 1 TRUSTEE FOR MOR- s GAN STANLEY ABS , CAPITAL I INC. , TRUST 2006-NC4, , MORTGAGE PASS - r THROUGH CERTIFI- s CATES, SERIES , 2006-NC4 3 Plaintiff, - V. THE UNKNOWN 3 HEIRS, GRANTEES, DEVISEES, LIENORS, f TRUSTEES, AND - CREDITORS OF 3 PAUL R. OSBORNE, - DECEASED i Defendants. NOTICE OF ACTION J TO:THE UNKNOWN - HEIRS, GRANTEES, - DEVISEES, LIENORS, - TRUSTEES, AND - CREDITORS OF - PAUL R. OSBORNE, , DECEASED J Current residence un- i known, but whose last known address - was: - 1208 BREEZY WAY, - #7F, SEBASTIAN, FL 32958-8809 - YOU ARE NOTIFIED that an action to - foreclose a mortgage on the following t property in Indian - River County, Flori- 3 da, to -wit: i UNIT F, BUILDING 7, t SEBASTIAN LAKES , CONDOMINIUM, A - CONDOMINIUM - ACCORDING TO THE 3 AMENDED AND RE- STATED DECLARA- - TION OF CONDO- MINIUM THEREOF, 1 BOATS BO 10' ALUMINUM row boat w/take a mo- tor $400 772-287- 8077 WEBID2686889 2013 PONTOON BOAT 70 HP Yamaha. 4 years on warranty. Like new. Only 70 Hrs. EZ loader trailer. Only $18,500. 304-642-5555 WEB ID 2682426 I L CFVT�l I F: t__ CHEVROLET WALLACE CHEVROLET 2650 SE Federal Hwy Stuart 772-287-3232 CHRYLSER GATOR CHRYSLER DODGE JEEP Drive a little -Save slot US One, Melbourne 321-724-6611 Gatorchrysler.net Vero Beach Chrysler 855 S US 1 800-375-2966 verobeachcjd.com WALLACE CHRYSLER 2755 SE Federal Highway, Stuart 772-220-3600 DODGE I HYUNDAI ROUTE 60 WALLACE Pm HYUNDAI DODGE 8575 20th St. 2755 SE Federal Vero Beach Highway, Stuart 772-569-6004 772-220-3600 Wallace Hyundai 3801 SE Federal Hwy., Stuart 772-283-6000 FORD VELDE FORD velde-ford.com 488 US1 VERO BEACH 772-569-3400 HONDA JOHNSON HONDA Of Stuart 4200 SE Federal Hwy 772-320-1100 www.johnsonhonda.com JEEP VERO BEACH JEEP 855 S. US ONE 800-375-2966 verobeachcjd.com WALLACE JEEP 2755 SE Federal Highway, Stuart 772-220-3600 ATS 20' AQUASPORT Cntr Cons. '00, Johnson 130hp, '04 tandm tlr, Ft Pierce area $6500 obo. 772-569-7203 WEB ID 2684400 22' WELLCRAFT Bay Boat '06, well equipped with 225 Evinrude Ready to go! $22,900. 772-260- 2531 WEB 2685357 NOTICE OF ACTION AS RECORDED IN OFFICIAL RECORDS BOOK 750, PAGE 4, OF THE PUBLIC RE- CORDS OF INDIAN RIVER COUNTY, FLORIDA. has been filed against You and you are re- quired to serve a copy of your written defenses, if any, to it on DOUGLAS C. ZAHM, P.A., Plain- tiff's attorney, whose address is 12425 28th Street North, Suite 200, St. Peters- burg, FL 33716, on or before May 11, 2015 or within thirty (30) days after the first publication of this Notice of Action, and file the original with the Clerk of this Court at P.O. Box 1028, Vero Beach, FL 32961-1028, either before service on Plaintiff's attorney or immediately thereaf- ter; otherwise, a de- fault will be entered against you for the relief demanded in the complaint peti- tion. WITNESS my hand and seal of the Court on this 1st day of April, 2015 Jeffrey R. Smith Clerk of the Circuit Court By: /s/ Andrea L. Finley Deputy Clerk 888140617 NOS Requests for Accom- modations by Per- sons with Disabili- ties. If you are a per- son with a disability who needs any ac- commodation in or- der to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Court Admin- istration, 250 NW Country Club Drive, Suite 217, Port St. Lucie, FL, 34986, 772- 807-4370 at least 7 days before your scheduled court ap- pearance, or immedi- ately upon receiving this notification if the time before the scheduled appear- ance is less than 7 days; if you are hear- ing or voice im- paired, call 711. Pub: April 10, 17, 2015 TCN2687110 i NOTICE OF ACTION IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR MARTIN COUNTY, FLORIDA Case No: 43-2014-DR-8620 FELIPE RUBEN FELIPE Petitioner, and ANA PASCUAL FRANCISCO( PETI- TIONER/ MOTHER) Respondent. NOTICE OF ACTION NAME CHANGE TO: Ruben Andres Fe- lipe Last Known Address: Unknown YOU ARE NOTIFIED that an action for has been filed against you and you are required to serve a copy of your writ- ten defenses, if any, to Ana Pascual on behalf Felipe Ruben Felipe, Petitioner, whose address is BOATS "DON'T MISS THE BOAT LIKE ED" '05 CATAMARAN Boat w/ 2) 4-stroke Yam en- gines 480 hrs, loaded, with tri-axle trlr. $34,000 772-202-0227 WEB ID 2683641 KAYAK FREEDOM HAWK 12 - 2015, $800 firm, in perfect cond, cost $1500 new, 772-713.5353 WEB ID 2684999 M111CP r. LINCOLN- KIA MERCURY KIA WALLACE]US CH LINCOLN MERCURY 1075 US 1 S. 5555 South 1 772-569-8000 Ft. Pierce www.kiaofvero beach.com 1-800-329-6060 TREASURE COAST CLASSIFIED The source most rely on for information about furniture and home furnishings. LEXUS TREASURE COAST LEXUS 5121S.USHwy 1 Fort Pierce, FL 772-460-0000 www.treasure coastlexus.com bAZDA DYER MAZDA 999 US Hwy 1, Vero 772-569-6060 "The Dyer Difference" dyerauto.com WALLACE MAZDA 3725 SE Federal Hwy., Stuart 800-375-1999 Make a little profit. Sell the items you no longer need with a low cost Treasure Coast Classified ad. NOTICE OF ACTION 317 SE Madrid St, Stuart, FL 34994, on or before 4/20/15, and file the original with the clerk of this Court at 100 East Ocean Blvd., 1st Floor, Domestic Re- lations Stuart FL 34994, before service on Petitioner or im- mediately thereafter. If you fail to do so, a default will be en- tered against you for the relief demanded in the petition. Copies of all court documents in this case, including or- ders, are available at the Clerk of the Cir- cuit Court's office. You may review these documents upon request. You must keep the Clerk of the Circuit Court's office noti- fied of your current address. Future pa- pers in this lawsuit will be mailed to the address on record at the clerk's office. WARNING: Rule 12.285, Florida Fami- ly Law Rules of Pro- cedure, requires cer- tain automatic disclo- sure of documents and information. Failure to comply can result in sanc- tions, including dis- missal or striking of pleadings. Dated:.3/13/2015 CLERK OF THE CIR- CUIT COURT By: Deputy Clerk Pub: March 20, 27, April 3, 10, 2015 TCN2683073 NOTICE OF ACTION IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO: 562015CA000511(0C) WALTER BARRON and DOROTHY BAR- RON Plaintiff, v. MAMIE GHENT, De- ceased; AUBREY GHENT, Individually, and as Heir of the Es- tate of Mamie Ghent, KIMMONS RECY- CLING CORP; If any of the above - named Defendants are deceased, then the following shall be considered Defen- dants in this action: any and all unknown parties, unknown spouses, lineal de- scendants, heirs, de- visees, grantees, as- signees, lienors, creditors, trustees, and all other claim- ants claiming by, through, under or against the de- ceased; or claiming by, through, under or against some cor- poration, domestic or foreign, that has been dissolved or which is not known to be existing or dis- solved; or claiming by, through, under or against some or- ganization which op- erated or did busi- ness under a name indicating a corpora- tion; or claiming otherwise as the case may be; Defendant(s)• NOTICE OF ACTION TO: MAMIE GHENT, BOAT TRAILERS 2013 KARAVAN bunk boat trailer for 20- 23' boat; double axle with brakes, spare tire; used 4 times, less than 5 miles; located in Vero Beach $1,999 (215) 280-9231 WEB ID 2685752 Buying or Renting Read Treasure Coast Classified n u NOTICE OF ACTION Deceased; any and all unknown parties, unknown spouses, lineal descendants, heirs, devisees, grantees, assignees, lienors, creditors, trustees, and all oth- er claimants claim- ing by, through, un- der or against the deceased; or claim- ing by, through, un- der or against some corporation, domes- tic or foreign, that has been dissolved or which is not known to be existing or dissolved; or claiming by, through, under or against some organization which operated or did business under a name indicating a corporation; or claiming otherwise as the case may be: YOU ARE NOTIFIED that an action has been commenced against you to quiet title to the following property in St Lucie County, Florida: Street Address: 1501 North 16th Street, Fort Pierce, FL 34950; Legal Description: Suzanne Park Blk B, Lot 16 & E 7.5 Ft of Vac Alley Adj on W, (or 463 - 994) St. Lu- cie County, Florida, and you are required to serve a copy of your written de- fenses, if any, on Margaret A. Benton, 8.D.2.b NOTICE OF ACTII in need of a sp accommodatio participate in proceeding sl within a reason time prior to any ceeding, contact ministrative Offi( the Court218 .. Second Sc Street, Pierce, FL 34 telephone (772) 6900. WITNESS my Y and seal of this on the 24th da March, 2015 at Pierce, St Lt County, Florida. JOSEPH E. SI Clerk of ( By; Bria Dand If you are a pe with a disability needs any accon dation in orde participate in proceeding, yoL entitled, at no cc you, to the prov of certain assist. Please contact C Johnson, ADA dinator, 250 Country Club D Suite 217, Por Lucie, FL 34! (772) 807-437 least 7 days be your scheduled appearance, or mediately upor ceiving this not tion if the time fore the sched appearance is than 7 days; if are hearing or impaired, call 711 Pub: April 10, 17,: Esquire, the Plain- TCN2686843 tiff's attorney, whose address is 800 Vir- ginia Avenue, Suite NOTICE OF 10, Fort Pierce, FL 34950, within thirty ADMINISTRATIO (30) days after publi- IN THE CIRCUI cation of this Notice, COURT FOR INDI and file the original RIVER COUNT` with the Clerk of this FLORIDA Court immediately PROBATE DIVI thereafter; otherwise Fili a default will be en- 312015CPOC tered against you for IN RE: ESTATE OF the relief demanded James H. Joines, in the Complaint. Deceased. In accordance with the Americans with NOTICE Disabilities Act of TO CREDITOR! 1990 (ADA), persons The administratic o •r .1 r t- 1 TRalm.com/ classifieds DOCKAGE & STORAGE MANATEE POCKET Dock Slip Avail 20'- 40'. Wtr & elec, pvt home. $200 min+tx Doug 561-308-3488 WEB ID 2694755 Don't Throw It Away! Sell It For Cash With A Fast Action Treasure Coast Classified Ad! NISSAN SUBARf �TOYOTA GRIECO NISSAN DYER SUBARU Treasure Coat Sales/Service 999 US Hwy 1, Vero Toyota and Sc Federal I 4815 S US 1 772-569-6060 5101 SE 1-888.728-4235 772-283-833-8300 GriecoNissan.com "The Dyer Treasurecoastroyota Difference" Your Hometow dyerauto.com Dealer VERO US1 NISSAN 946 S. US1 LVero Beach 772-778-3600 14 VOLKSWAGEN TOYOTA WALLACE NISSAN WALLACE 4313 SE Federal TOYOTA/SCION VOLKSWAGE Hwy., Stuart OF VERO BEACH 2505 SE Feder 800-962-8005 1075 US 1 S. Highway, Stuai 772-569-8000 772-219-000i www.verobeach toyota.com SCION Need a certain someone to fill a certain job? TOYOTA/SCION Finding the right person VOLVO OF VERO BEACH to fit the bill is time 1075 US 1 S. consuming. WALLACE VOLVO 772-569-8000 But it doesn't have to be 3801 SE Federal when you turn to the www.scionofvero Employment sectiqfr+ Fbeach.com Treasure Coast Clas packet Pg. 67 DOCKAGE & STORAGE PRIVATE DOCK SF FOR RENT - In Port St Luci( Protected cove fixed bridges Water & elect avail. 772-713.4 $200/month WEB ID 268721 a.vw". . manal Pkt, slip, up to $450 772-708-4'1 WEB ID 268638 C 4) 4) L 0) Q U Q V J CO 00 00 8.J.1 ITEM NO. (ID # 2885) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Matt Baum, Fairwinds Golf Course Manager Parks & Special Facilities Division Juneteenth Black Arts & Cultural Festival DATE: 06/02/2015 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES After an outbreak of deadly shootings in the City of Ft. Pierce in 2013, Florida State Representative Larry Lee, Jr. and other community leaders and partners initiated the "Restoring the Village Initiative" which is an anti -violence movement. The City of Ft. Pierce is troubled with a high crime rate, with most of the city's violent crime occurring in Lincoln Park, in the city's northwest section. A collaboration of community organizations and State Representative Larry Lee, Jr. will host The First Annual Juneteenth Black Arts & Cultural Festival in the Lincoln Park Area of Ft. Pierce. The week-long event will include family activities, an outdoor concert, a local artist exhibit, youth performances, games, contests, food and fun for the Ft. Pierce community. The event is open to the public and is a part of the "Restoring the Village Initiative". Juneteenth is hosted by Sunrise City Community Housing Development Organization, Inc., a registered local 501(c)(3) organization. The organization and event meet the requirements of the St. Lucie County Facility Use Policy for the rental fee waiver. The event will be held June 13-21, 2015, and the organization is requesting to hold the event at The Lincoln Park Community Center and Regional Park the weekend of June 20 - 21. The organization is requesting that the County waive the facility use rental fees of $1,870.00 as per BOCC policy. Other Board Policies will apply. PREVIOUS ACTION: Last year the Lincoln Park Community Center participated in the Libation ceremony held near the Ft. Pierce Marina. Lincoln Park Community Center Summer Camp Program provided tents, tables and chairs for the event. _21L1e1T el/e10►kWIT46 If the fee waiver is approved, the County will forego $1,870.00 in facility use fees, bringing the total amount of fees waived for fiscal year 2015 for Parks and Special Facilities to $4,285.00. Packet Pg. 68 8.J.1 RECOMMENDATION: Staff recommends Board authorization to waive the $1,870.00 facilities use rental fee for the Juneteenth Black Arts & Cultural Festival in the Lincoln Park Community in the City of Fort Pierce as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Edward Matthews, Parkt, Relcreatio6 & Facilities DirectS)f26/2015 d" Danie 5. McIntyre, C my ttorney 5/28/2015 Updated: 5/27/2015 8:23 AM by Patty Marston-Duva A Page 2 Packet Pg. 69 8.J.1.a EXHIBIT A - RESERVATION FEES COUNTY VENUE: Lincoln Park Community Center PHONE: 772-462-1788 772-462-1989 5/13/2015 Event Date:6/18/15, 6/20/15, 6/21/15 Event Day: Thursday, Saturday, Sunday Event: Juneteenth Black Arts & Cultural Festival Event Times: Th. 6pm-9pm, Sat. 9am-11 pm, Sun. 9am-7pm No. of Attendees 50-500 Set Up/Load In: 9:00am Sat.&Sun. Contact: Marjorie Harrell Break Down/Load Out:11:00pm Sat., 7:00pm Sun. >_ r Total Event Hours, inc. Load in/Out: 27 m Organization: Sunrise City Community Housing Development Organization, Inc. Address: PO Box 3582 L Ft. Pierce, FL 34948 Office Phone: 772-203-4018 Fax: U E-mail Address: msmarjorie9@gmail.com 06 1= Q Facility Use Fee Rate Fee �c 27 hours - LPCC $65/hr $1,755.� 19 m 8+ hours-10,000 Sq. Ft. open space -Horatio Grisby Park $605.00 $605.0 c as Sub -total a� $2,360.� Deduct 25% Nonprofit Discount c $590.� -2) Revised Sub -total $1,770.1 L Sales Tax 6.5% $0.1 N (Fee Waiver Request) Equipment Use Fees Showmaster Mobile Stage $350/day x 2 days Staff/Personnel (Does not include cost of any required security personnel) Houseman - $20/hr x 1 staff x 25 hours Event Specialist Other Fees Catering Fee - Cleaning Fee Event Insurance Premium (if applicable; by separate check) Security Deposit (Fee Waiver Request) Total Fee Waiver Request Payable to St. Lucie County BOCC FACILITY USE FEE TOTALS $1,770. $700., EQUIPMENT FEES TOTAL $500., STAFF FEES TOTAL OTHER FEES TOTAL SECURITY DEPOSIT TOTAL $1,870. TOTAL ESTIMATED CHARGES Other Requirements include but are not limited to: 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicani and naming St. Lucie County BOCC as an Additional Insured is required. If needed, event insurance is available at reasonable rate Prepared by: Jarius D. Gilliam FORM APPROVED MAY 2012 Packet Pg. 70 8.J.2 ITEM NO. (ID # 2883) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Roger Shinn, Facilities Manager SUBMITTED BY: Facilities Division SUBJECT: Integrated Security Systems BACKGROUND: DATE: 06/02/2015 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES As part of Security Master Plan and to replace the aging equipment at the St. Lucie West Annex, on December 5, 2014, the County entered into a contract with Integrated Security Systems for $33,387 to replace the original CCTV DVR and add a new camera. Around that same time, funding was approved for St. Lucie West Clerk of Court renovations. As part of the renovations, the server room was relocated. On February 3, 2015 the County issued a change order for $1,962 to the contract to extend the existing wiring to the new server room location. Additionally, as part of the renovations, the Clerk requested six doors be fitted with access control for security purposes. On February 19, 2015, a second change order for $13,767.26 was issued to add the security access to the six doors. The Clerk is now requesting four new cameras be added to monitor transactions at the seven new service counters that were installed as part of the renovations. In addition, as part of an overall security upgrade to St. Lucie West and as part of our Security Master Plan, the Sheriff is also requesting new additional cameras be added to each courtroom, traffic court, hearing room and front lobby. This Change Order No. 3 in the amount of $27,237.00 is to add these additional eleven (11) cameras for a total contract amount of $76,353.26, and to extend the Contract for an additional 150 days. Since this brings the total Contract amount over the $50,000 bid threshold, staff is requesting a waiver of the requirement for a formal sealed bid. PREVIOUS ACTION: Contract issued to Integrated Security Systems December 5, 2014 in the amount of $33,387.00 Change Order No. 01 issued February 3, 2015 to increase the Contract by $1,962.26 for a new Contract amount of $35,349.26 Change Order No. 02 issued February 19, 2015 to increase the Contract $13,767.00 for a new Contract amount of $49,116.26 FINANCIAL IMPACT: Packet Pg. 71 8.J.2 Funds are available in 001-1931-546200-150067 and Funds are avaible in 107-712-546060-1645 RECOMMENDATION: Staff recommends Board approval of a bid waiver and issue Change Order No. 3 to Integrated Security Systems in the amount of $27,237.00, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Edward Matthews, Park, Recreatio Facilities DirectW21/2015 anie 5. McIntyre, C my ttorney 5/22/2015 Updated: 5/22/2015 8:53 AM by Susan Curcio B Page 2 Packet Pg. 72 q N 00 (swelsAS AjpnoaS pa;e.&a;ul : £89Z) 1aoM }o adooS SSI :e'Z'f-9zuawLi3env ISS ®�roupity e�vBir P Scope Of Work Customer Details: Site: 250 NW Country Club Dr Port Saint Lucie, FL 34986 Billing: 2300 Virginia Ave Fort Pierce, FL 34982 Contact: Greg White (772) 462-1249 whiteg@stlucieco.org St. Lucie County Courtroom and Clerk Cameras Scope of Work Proposal Number; 6819-6-0-3795 0511512015 ISS will furnish and install eleven (11) new cameras to the existing NVR for the Courtroom and Clerk Counters. The cameras will be installed in the following locations: 11) Inside lobby looking outside Fixed 1.3 MP ISS will furnish and install necessary cabling. • ISS will connect the new IP cameras to existing POE switch in the IT Room. • ISS will program, adjust, and test cameras. Eleven (11) camera licenses are included in this quote. ISS will furnish and install a TruVision USl3 keypad at the guard workstation. Customer Responsibilities: Provide 120VAC Provide network drop and IP address Provide chase from 2nd floor to first floor Provide access to areas during regular business hours Clerk Counter Cameras: $6150.00 Courtroom Cameras: $21,087.00 ISS requires 150 days from Notice to Proceed to complete installation. q N 00 (swelsAS Aj!.m39S palea6alul : £99Z) jaoM }o adooS SSI :ew '83uawLi3env Iss ��cCVRi7f3Y aAY6TED Bill of Material Customer Details: Site: 250 NW Country Club Dr Port Saint Lucie, FL 34986 Billing: 2300 Virginia Ave Fort Pierce, FL 34982 Contact: Greg White (772) 462-1249 whiteg@stlucieco.org Proposal Number: 6819-6-0-3795 0511512015 QTY Description 11 Prism Professional and Fnterprise video channel license; meant for stand-alone Prism 3,000 Cable, CAT6, 24Awg, 4-Pairs, Plenum, Blue Jacket 5 TruVision 1.3 MPX, PTZ Dome, 20X optical zoom, Flush Mount Indoor, Progressive Scan CMOS, True DIN, DVVDR, H.264, ONVIFIPSIA, Micro SD slot, IP54, POEplus124VAG, NTSC 6 TruVision 1.3MPX Open Std, Progressive Scan CMOS Low Profile Mini Dome Camera, True DIN, DINDR, 2.8mm fixed lens, 10m IR, Micro SD Slot, ONVIFIPSIA, POEl12VDC, IP66, NTSC 1 TruVision 3 axis variable speed video surveillance USB keypad (swe;sAS Aj!.anoaS pa;ei6a;ul £89Z) jaoM }o adooS SSI :e'Z'f '83uawLi3ejjV q LO N r*- IssProposal Number: 6819-6-0-3795 li INTEORATEP O511512015 9CC,IRTY BYBTEMH Y ci a ISS Total Protection Plan When You Need Service, We've Got You Covered! Availability: Seven days a week, 24 hours a day. Response Time Range: Two to four hours following receipt of a service call. The call must be placed by an authorized person. Response Status: Priority response. Our Total Protection Plan Customers receive priority service response. Parts Coverage: All parts provided and installed by ISS are covered as part of this plan. Labor Coverage: All labor is covered under this plan. Instant Loaner: We maintain a service pool of loaner equipment specifically designed to support our Full Service Plan clients. If our field technicians are not able to repair a piece of faulty equipment at your location, then we will replace it with a loaner when available, keeping your system up and running. The defective equipment will be repaired at our facility, and returned to your site accordingly. Remote Access: ISS will provide remote software diagnostic support and repair to provide faster service, and up to four (4) programming changes per calendar year. The client must provide high-speed internet access and access to the network when required. Software Updates: ISS will provide all software updates under this agreement. If the manufacturer no longer provides updates for the software, ISS will not be required to provide updates. Items Not Covered: Items Not Covered Include: Damage caused by misuse, abuse, tampering, physical damage, service by an unauthorized individual or provider, accident, disaster, fire, flood, water, wind, lightning, and Acts of God. In addition, items designed to fail in order to protect the equipment, such as power and/or lightning suppressors, are not covered. Additionally Wire, Cable, Raceways, Traveling Cables, end of life equipment, items no longer manufactured, Data, Data backups*, and Data Restoration are not covered or included. Microsoft patches, updates and version upgrades are not included. *Automatic Backup Solutions are available from ISS for an additional fee. Please ask your Account Executive for details. Terms & Conditions of Sale (swelsAS AlpmeS pejeAa;ul : £99Z) 1joM }o adooS SSI :ew '83uauayoenv q 0 Iss RATED 1. SERVICES: Proposal Number. 6819-6-0-3795 05/15/2015 a. Integrated Security Systems shall install, service, and warranty the system(s) as designed by Integrated Security Systems and approved by Customer, in accordance with Integrated Security Systems' Proposal (attached). 2. INSTALLATION CHARGES: a. The Customer agrees to pay Integrated Security Systems, its agents or assigns, the installation charge and, if applicable, the maintenance, and/or lease charge as listed in the Proposal, subject to the terms and conditions as listed in the Proposal and Sales and Service Agreement. 3. INSTALLATION, MAINTENANCE, SERVICE: a. Customer hereby authorizes and empowers Integrated Security Systems to perform or cause to be performed the work necessary to fulfill the terms of this Agreement, including but not limited to installation, maintenance, inspection, testing, and repair of the systems on its premises. Such work shall be performed in a workmanlike manner in accordance with Integrated Security Systems' standard practices and shall be completed in accordance with a mutually agreed upon schedule, unless stated otherwise in the Proposal. The obligation of Integrated Security Systems to provide service related to the maintenance of the system pertains solely to the items specified in the Bill of Materials as listed in the Proposal. Integrated Security Systems is not obligated to maintain, repair, service, replace, operate or assure the operation of any device, system, or property belonging to Customer or to any third party to which such specified systems or components are attached, unless specifically agreed upon in the Proposal. b. In order to protect Customer from losses resulting from, damage to, or destruction of Integrated Security Systems', Customer shall include such systems in the coverage provided in its liability and fire insurance policies. Integrated Security Systems will provide service availability in accordance with the coverage requirements listed in the Proposal and defined under "coverage type" while the equipment is located on the premises upon which it was installed. c. The service to be provided is intended to keep the equipment in, or restore the equipment to, good working order. Unscheduled, on -call remedial maintenance, is also to be provided by Integrated Security Systems under this Agreement as necessary. Service provided by Integrated Security Systems under this Agreement does not assure against, nor does Integrated Security Systems assume any liability for, interruptions in operation of the equipment covered by this Agreement. When covered by our Full Service Agreement, the service also includes preventative maintenance based upon the specific needs of the individual equipment as determined by Integrated Security Systems. Customer agrees for the existence of this contract, and for a period of 5 years following the end of this contract, not to employ, attempt to hire, retain, engage or otherwise consult with any current or former employees of ISS with regard to any of the work that is, will, or has been provided to Customer by ISS. 4. WARRANTY: a. The only warranty provided by Integrated Security Systems, is the limited warranty stated in the proposal, which shall not extend beyond the period stated in the proposal. Integrated Security Systems makes no other warranties, expressed or implied, of merchantability or fitness for a particular purpose. No responsibility is assumed for any incidental or consequential damages even if Integrated Security Systems has been advised of the possibility of such damages. b. The warranty will be voided if, during the warranty period, the Customer, Purchaser or End User connects to or interconnects with subsequent to the initial installation, devices not supplied or installed by Integrated Security Systems. The warranty will also be voided if warranted equipment is serviced by a non -Integrated Security Systems authorized organization. c. The warranty period shall commence when the Customer, Purchaser or End User has beneficial use of the system, or completion of system installation, whichever occurs first. Warranty does not apply to any product or installation which has been misused, abused or altered. 5. ACCESS: a. Integrated Security Systems' technicians shall have full and free access upon their arrival to the equipment covered under this Agreement to provide service thereon. 6. OWNERSHIP: a. For existing installations, the Customer represents that it is the owner of the equipment to be serviced under this Agreement, or, if not the owner, has authority from the owner to include such equipment under this Agreement. 7. DELAYS- INTERRUPTION OF SERVICE: a. Integrated Security Systems shall not be liable for any delays, however caused, or for interruptions of service caused by strikes, riots, floods, acts of God, other force majeure, loss of communication and or other signal transmission lines, or by any event beyond the control of Integrated Security Systems. Integrated Security Systems will not be required to furnish service to Customer while such interruption shall continue. 8. EQUIPMENT COVERED: a. Refer to attached Proposal or Equipment List as applicable. q N 00 (swelsAS AjpmeS palej6alul : £99Z) 1joM }o adooS SSI :ewi '83uawLi3env Iss gNp RATED ,n 9. OPERATION: Proposa! Number: 6819-6-0-3795 0511512015 a. Customer represents and agrees to properly test and set the system on every closing and to properly turn off the system on each opening (if applicable); to test any detection device, or other electronic equipment designated in the Proposai prior to setting the system for closed periods and to notify Integrated Security Systems promptly if such equipment fails to respond to the test; to use the equipment properly and follow proper operating procedures (if customer requires Integrated Security Systems service); if Integrated Security Systems representatives are sent to Customer's premises in response to a service call or alarm signal caused by the Customer improperly following operating instructions or failing to close or properly secure a protected point, to pay an additional service charge at the prevailing rate per occurrence; and that all walls, doors, skylight, windows or other elements of the premises as now constructed or to be constructed are or will be placed and maintained in such condition, at Customer's expense, as to permit proper installation and operation of the system(s). 10. EXCLUSIONS: Services to be provided by Integrated Security Systems pursuant to this Agreement do not include: i. Repair of damage or increase in service time caused by failure to continually provide a suitable operating environment with all facilities as prescribed by Integrated Security Systems and/or the equipment manufacturer, including, but not limited to, the failure to provide, or the failure of, adequate and regulated electrical power, air conditioning or humidity control; or such special requirements as contained in Rider "A" or the Proposal hereto. ii. Repair of damage or increase in service time caused by use of the equipment for other than the ordinary use for which the equipment was designed or purpose for which it was intended. iii. Repair of damage, replacement parts (due to other than normal wear) or repetitive service calls caused by the use of unauthorized supplies or equipment. iv. Repair of damage or increase in service time caused by: accident, disaster, which shall include, but not be limited to, fire, flood, water, wind and lightning; transportation, neglect or misuse, alterations, which shall include, but not be limited to, any deviation from Integrated Security Systems' physical, mechanical or electrical machine design; attachments, which are defined as the mechanical, electrical or electronic interconnecting to non -Integrated Security Systems equipment and devices not supplied by I integrated Security Systems. v. Electrical work external to the equipment or accessories furnished by Integrated Security Systems. 11. ADDITIONAL CHARGES: a. Unless otherwise specified in the Proposal, service charges for the system are based upon coverage as specified in the "hours of operation." Service performed outside this window, or as a result of the failure of the Customer to adhere to the requirements as specified by either the manufacturer or outside the scope of the Agreement, shall be chargeable at Integrated Security Systems' prevailing rates. Customer shall not tamper with, adjust, alter, move, remove, or otherwise interfere with equipment without Integrated Security Systems' specific permission, nor permit the same by other Contractors. b. Any work performed by Integrated Security Systems to correct Customer's breach of the foregoing obligation shall be corrected and paid for by Customer at Integrated Security Systems' prevailing rates. Remedial maintenance due to Acts of God or events beyond the control of Integrated Security Systems shall be corrected by Integrated Security Systems and paid for by Customer in accordance with Integrated Security Systems' prevailing rates. c. Integrated Security Systems shall have the right to increase or decrease the periodic service charge provided above at any time or times after the expiration of one year from the date service is operative under this Agreement. 12. LIQUIDATED DAMAGES a. Integrated Security Systems' LIMITS OF LIABILITY: It is understood that Integrated Security Systems is not an insurer; that insurance for whatever reason or purpose and in whatever amount shall be obtained by Customer, if any is desired; that the sums payable hereunder to Integrated Security Systems by Customer are based upon the value of services offered and the scope of liability undertaken and such sums are not related to the value of property belonging to Customer or to others located on Customer's premises. b. Customer does not seek indemnity by this Agreement from Integrated Security Systems and specifically waives any rights for indemnity for any damages or losses caused by hazards to Customers, Invitees, Guests, or property. Integrated Security Systems MAKES NO WARRANTY, EXPRESS OR IMPLIED, THATTHE SYSTEMS IT INSTALLS ORTHE SERVICES IT FURN ISHESWILLAVERTORPREVENTOCCURRENCES,ORTH ECONSEQUENCESTHEREFROM,WHICHTHESYSTEMSAN D SERVICES ARE DESIGNED TO DETECT. Customer agrees that Integrated Security Systems shall not be liable for any of Customer's losses or damages, irrespective of origin, to person or property, whether directly or indirectly caused by performance or non-performance of obligations imposed by this agreement or by negligent acts or omissions of Integrated Security Systems, its agents or employees. The Customer does hereby waive and release any rights of recovery against Integrated Security Systems that it may have hereunder. q N 00 (swelsAS Ajpn3eS palea6alul : £99Z) >IaoM }o ado3S SSI :ewi '83uawLi3env 6 Iss hle,T �gi BRATE� - Proposal Number: 6819-6-0-3795 0511512015 12. LIQUIDATED DAMAGES (cont'd). c. It is agreed that it is impractical and impossible to fix actual damages which may arise from situations where there may be a failure of services provided, due to the uncertain value of Customer's property or the property of others kept on the protected premises which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which the system is designed to detect or avert. Due to the inability of Integrated Security Systems to establish a causal connection between systems or service problems and Customer's possible loss, it is further agreed that if Integrated Security Systems should become liable for any losses or damages attributable to a failure of systems or services in any respect, its total liability to Customer shall be limited to $250.00, which the Customer agrees is reasonable. The payment of this amount shall be Integrated Security Systems' sole and exclusive liability regardless of the amount of loss or damage incurred by the Customer. No suit or action shall be brought against Integrated Security Systems more than one (1) year after the accrual of the cause of action therefore. d. Since it is agreed that the Customer retains the sole responsibility of the life and safety of all persons in the protected premises, and for protecting against losses to his own property or the property of others in the protected premises, Customer agrees to indemnify, defend and hold harmless Integrated Security Systems from any and all such claims and lawsuits including the payment of all damages, expenses, costs, and attorney fees incurred by Integrated Security Systems, its employees and agents, from and against all claims, lawsuits and losses, by persons not a party to this Agreement, against Integrated Security Systems for failure of its equipment or services in any respect, alleged to be caused by the improper operation of the system, whether due to malfunctioning or non-functioning of the system, or by the negligence, active or passive, of Integrated Security Systems. 13. RENEWAL: a. The Service Agreement portion of these conditions is self -renewing for the term provided herein and at the prices in effect as of the date of renewal unless modified or canceled by either party in writing not less than thirty (30) days prior to the expiration date of this Agreement. 14. TERM INATIO NIPAYM ENT: a. Integrated Security Systems has the option to terminate this agreement for cause should any payment due from Customer to Integrated Security Systems remain overdue for a period of more than thirty (30) days. Should Integrated Security Systems elect to exercise such cancellation option, said exercise shall be in writing, sent by certified mail, return receipt requested, and such cancellation shall be effective upon receipt. 15. SUCCESSORS: a. The Agreement is not assignable by Customer except upon the written consent of Integrated Security Systems, which consent will not unreasonably be withheld. 16. ENTIRE AGREEMENT: a. This Agreement is to govern the providing of services by Integrated Security Systems to Customer as described herein. Nothing in this Agreement is to be construed as creating a lease or a leasehold agreement between the parties. This Agreement is not binding unless approved in writing by an authorized representative of Integrated Security Systems. If approval is not obtained, the only liability of Integrated Security Systems shall be to return to Customer the amount, if any, paid to Integrated Security Systems upon the signing of the Agreement by its Sales Representative. b. This writing, together with any individually signed acceptance of Proposals, rider, other attachments pertaining to this Agreement is intended by the parties as the final expression of their agreement with respect to the subject matter contained herein and also as the complete and exclusive statement of the terms and such Agreement, notwithstanding any prior, contemporaneous or subsequent purchase order or other document relating to said subject matter. There is no course of dealing or usage of the trade what would supplement or conflict with its terms. This Agreement may only be amended in writing signed by both parties. 17. JURISDICTION: a. This Agreement will be governed by the laws of the State of Florida. 18. EXCLUSIONS: a. Permit and Processing fees are exc#uded from this proposal. b. 110 VAC. c. Network drops. d. System programming beyond initial programming required for system start and testing. 00 6 IL d Y (i IL q N 00 (swe}sAS A1!.an39S pa;ea6a;ul : £99Z) >IaoM }o adooS SSI :e'Z'f '83uauayoenv ISS is�e�Eyr RAT D n. Signature Page Proposal Number: 6819.6.0-3795 0511512015 CONTACT INFO: BILL TO: Greg White St. Lucie County Parks, Recreation and Facilities 2300 Virginia Ave Fort Pierce, FL, 34982 772-462-1249 whiteg@stlucieco.org Project: St, Lucie West DVR Replacement Quote #: 6819-6-0-3795 Total System Investment: $27, 237.00 Where Applicable Tax has been included $ 0.00 Based on 0 month Lease and $0.00 deposit. ISS Total Protection Plan: $177.00 Monthly in Advance. 5 Year Agreement Remarks Work will be scheduled upon the receipt of an authorized signature and purchase agreement. An invoice from Integrated Security Systems (ISS) will be submitted for 50% of the project upon award for mobilization and equipment purchase. ISS will perform all work during normal business hours (8am - 5pm) Monday through Friday. Work requested outside of these days and times will be charged at the then current rates for overtime, premium time and Holiday Time. As a condition of performance, payments are to be made on a progress basis. Invoice payment must be made within thirty (30) days of receipt. Any alteration or deviation from the proposal involving extra cost of material or labor will become an extra charge over the sum stated above. The proposal will become a binding agreement only after the acceptance by Customer and approved by an authorized employee of Integrated Security Systems. as evidence by their signatures below. This agreement sets forth all of the terms and conditions binding upon the parties hereto; and no person has authority to make any claim, representation, promise, or condition on behalf of Integrated Security Systems. which is not expressed herein. ❑ Proposal Accepted: Integrated Security Systems, Inc. is authorized to proceed with the work as proposed. Company: Signature: Name: Title: Date: Proposal Submitted by: Company: Integrated Security Systems, Inc Signature: Name: Title: Date: This proposal shall remain valid for 60 days from 05/15/2015 8.M.1 ITEM NO. (ID # 2846) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Michael Powley, County Engineer Engineering DATE 06/02/2015 *CONSENT AGENDA\PUBLIC WORKS Additions to Stormwater Capital Improvement Plan (CIP) - Culvert Replacements During routine culvert inspections the following culverts were identified for future work: Midway Road @ Shinn Road Culvert Replacement (CIP 15-038), Midway Road @ North St. Lucie River Water Control District (NSLRWCD) Canal 92 Culvert Replacement (CIP 15-039), Ideal Holding Road at NSLRWCD Canal 78 Culvert Replacement (CIP 15-040), Ideal Holding Road at NSLRWCD Canal 77 Culvert Replacement (CIP 15-041), Ideal Holding Road at NSLRWCD Canal 76 Culvert Replacement (CIP 15-042), S. Header Canal Road at NSLRWCD Canal 68 Culvert Repair (CIP 15-043), Selvitz Road at NSLRWCD Canal 102 Culvert Replacement (CIP 15-044), S. Header Canal Road at NSLRWCD Canal 72 Culvert Repair (CIP 15-045) and Woodlands Drive at NSLRWCD Canal 27 Culvert Repair (CIP 15-046). These locations are not presently included in our Capital Improvements Plan (CIP). Before funds can be expended on any repair activities, such as survey or design services, these culverts must be authorized in the CIP. Funds allocated towards these improvements are estimated at $825,000. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds are available in 5th Cent Fuel -Capital Reserves (316001-9910-599300-800) for the culvert projects listed herein. Staff recommends Board approval to add nine Culvert Replacement Projects to the FY15-FY16 budget and amend the CIP accordingly. Packet Pg. 80 8.M.1 COMMISSION ACTION: Coordination/Signatures On West, Public Works Directo - 2015 ti A anie S .McIntyre, C my ttorney 5/21/2015 Updated: 5/20/2015 10:57 AM by Linda Buchanan Page 2 Packet Pg. 81 ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: I Midway Road at Shinn Road Culvert Replacement PROJECT #: 1905 19/2015 DEPARTMENT: Public Works lr=jDATE PREPARED: 5/ DIVISION: I Engineering PROJECT MGR: Michael Powley TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES X NO RENOVATION: APPROVED: YES NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION, SCOPE & JUSTIFICATION: Culvert Replacement THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO FX LEVEL OF SERVICE IMPACT: DEPARTMENT PRIORITY LEVEL �1 1 - High Priority, not completing would negatively affect critical service &/or safety 2 - Medium Priority, not completing would have some effect on service; grant award/availability; long range expansion goals 3 - Other FUNDING USES CARRYOVER FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR FROM FY 14 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 0 0 Buildings 0 0 Imp O/T Bldgs 10,0001 10,000 50,0001 1 1 60,000 TOTAL: 0 10,000 10,000 50,000 0 0 0 60,000 FUNDING SOURCES & AMOUNTS FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR NEW BUDGET PLAN PLAN PLAN PLAN TOTAL 316001-5th Cent Fuel Capital 10,0001 10,0001 50,0001 1 609000 0 0 TOTAL: 10,000 10,000 50,000 0 0 0 60,000 PRIOR PROJECT FUNDING TOTAL LIFE TO DATE BUDGET 0 TOTAL LIFE TO DATE EXPENDITURE 0 OPERATING IMPACT (Includes add'l personnel needs as well as any other FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed 0 1 1 1 1 0 Estimated Operating Impact 01 1 1 10 REMARKS: CAPITAL IMP REQ # : 15-038 ACCOUNT #: 316001 9910 599300 800 (additional lines for multiple fund sources) Packet Pc IL v 0 N V d O L a c m E 0 U R Q. N N 3 V i W ao N Q M 0 3 Z LO U- id C N E s 0 r r Q ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: I Midway Road at NSLRWCD Canal 92 Culvert Replacement PROJECT #: 4 DEPARTMENT: Public Works DATE PREPA�7F5/19/2015 DIVISION: I Engineering PROJECT MGR: Michael Powley TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES X NO RENOVATION: APPROVED: YES NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION, SCOPE & JUSTIFICATION: Culvert Replacement THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO F7X LEVEL OF SERVICE IMPACT: DEPARTMENT PRIORITY LEVEL �1 1 - High Priority, not completing would negatively affect critical service &/or safety 2 - Medium Priority, not completing would have some effect on service; grant award/availability; long range expansion goals 3 - Other FUNDING USES CARRYOVER FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR FROM FY 14 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 0 0 Buildings 0 0 Imp O/T Bldgs 10,0001 10,000 50,0001 1 1 60,000 TOTAL: 0 10,000 10,000 50,000 0 0 0 60,000 FUNDING SOURCES & AMOUNTS FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR NEW BUDGET PLAN PLAN PLAN PLAN TOTAL 316001-5th Cent Fuel Capital 10,0001 10,0001 50,0001 1 609000 0 0 TOTAL: 10,000 10,000 50,000 0 0 0 60,000 PRIOR PROJECT FUNDING TOTAL LIFE TO DATE BUDGET 0 TOTAL LIFE TO DATE EXPENDITURE 0 OPERATING IMPACT (Includes add'l personnel needs as well as any other FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed 0 1 1 1 1 0 Estimated Operating Impact 01 1 1 10 REMARKS: CAPITAL IMP REQ # : 15-039 ACCOUNT #: 316001 9910 599300 800 (additional lines for multiple fund sources) Packet Pc IL v 0 N V d O L a c m E 0 U R Q. N N 3 V i W ao N Q M 0 3 Z LO U- id C N E s 0 r r Q ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: I Ideal Holding Road at NSLRWCD Canal 78 Culvert Replacement PROJECT #: 1905 DEPARTMENT: Public Works DATE PREPARED: 5/19/2015 DIVISION: Engineering PROJECT MGR: Michael Powley TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES X NO RENOVATION: APPROVED: YES NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION, SCOPE & JUSTIFICATION: Culvert Replacement THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO FX LEVEL OF SERVICE IMPACT: DEPARTMENT PRIORITY LEVEL �1 1 - High Priority, not completing would negatively affect critical service &/or safety 2 - Medium Priority, not completing would have some effect on service; grant award/availability; long range expansion goals 3 - Other FUNDING USES CARRYOVER FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR FROM FY 14 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 0 0 Buildings 0 0 Imp O/T Bldgs 10,0001 10,000 50,0001 1 1 60,000 TOTAL: 0 10,000 10,000 50,000 0 0 0 60,000 FUNDING SOURCES & AMOUNTS FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR NEW BUDGET PLAN PLAN PLAN PLAN TOTAL 316001-5th Cent Fuel Capital 10,0001 10,0001 50,0001 1 609000 0 0 TOTAL: 10,000 10,000 50,000 0 0 0 60,000 PRIOR PROJECT FUNDING TOTAL LIFE TO DATE BUDGET 0 TOTAL LIFE TO DATE EXPENDITURE 0 OPERATING IMPACT (Includes add'l personnel needs as well as any other FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed 0 1 1 1 1 0 Estimated Operating Impact 01 1 1 10 REMARKS: CAPITAL IMP REQ # : 15-040 ACCOUNT #: 316001 9910 599300 800 (additional lines for multiple fund sources) Packet Pc IL v 0 N V d O L a c m E 0 U R Q. N N 3 V i W ao N Q M 0 3 Z LO U- id C N E s 0 r r Q ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: I Ideal Holding Road at NSLRWCD Canal 77 Culvert Replacement PROJECT #: 1905 DEPARTMENT: Public Works DATE PREPARED: 5/19/2015 DIVISION: Engineering PROJECT MGR: Michael Powley TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES X NO RENOVATION: APPROVED: YES NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION, SCOPE & JUSTIFICATION: Culvert Replacement THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO FX LEVEL OF SERVICE IMPACT: DEPARTMENT PRIORITY LEVEL �1 1 - High Priority, not completing would negatively affect critical service &/or safety 2 - Medium Priority, not completing would have some effect on service; grant award/availability; long range expansion goals 3 - Other FUNDING USES CARRYOVER FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR FROM FY 14 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 0 0 Buildings 0 0 Imp O/T Bldgs 10,0001 10,000 50,0001 1 1 60,000 TOTAL: 0 10,000 10,000 50,000 0 0 0 60,000 FUNDING SOURCES & AMOUNTS FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR NEW BUDGET PLAN PLAN PLAN PLAN TOTAL 316001-5th Cent Fuel Capital 10,0001 10,0001 50,0001 1 609000 0 0 TOTAL: 10,000 10,000 50,000 0 0 0 60,000 PRIOR PROJECT FUNDING TOTAL LIFE TO DATE BUDGET 0 TOTAL LIFE TO DATE EXPENDITURE 0 OPERATING IMPACT (Includes add'l personnel needs as well as any other FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed 0 1 1 1 1 0 Estimated Operating Impact 01 1 1 10 REMARKS: CAPITAL IMP REQ # : 15-041 ACCOUNT #: 316001 9910 599300 800 (additional lines for multiple fund sources) Packet Pc IL v 0 N V d O L a c m E 0 U R Q. N N 3 V i W ao N Q M 0 3 Z LO U- id C N E s 0 r r Q ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: I Ideal Holding Road at NSLRWCD Canal 76 Culvert Replacement PROJECT #: 1905 DEPARTMENT: Public Works DATE PREPARED: 5/19/2015 DIVISION: Engineering PROJECT MGR: Michael Powley TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES X NO RENOVATION: APPROVED: YES NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION, SCOPE & JUSTIFICATION: Culvert Replacement THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO FX LEVEL OF SERVICE IMPACT: DEPARTMENT PRIORITY LEVEL �1 1 - High Priority, not completing would negatively affect critical service &/or safety 2 - Medium Priority, not completing would have some effect on service; grant award/availability; long range expansion goals 3 - Other FUNDING USES CARRYOVER FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR FROM FY 14 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 0 0 Buildings 0 0 Imp O/T Bldgs 10,0001 10,000 50,0001 1 1 60,000 TOTAL: 0 10,000 10,000 50,000 0 0 0 60,000 FUNDING SOURCES & AMOUNTS FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR NEW BUDGET PLAN PLAN PLAN PLAN TOTAL 316001-5th Cent Fuel Capital 10,0001 10,0001 50,0001 1 609000 0 0 TOTAL: 10,000 10,000 50,000 0 0 0 60,000 PRIOR PROJECT FUNDING TOTAL LIFE TO DATE BUDGET 0 TOTAL LIFE TO DATE EXPENDITURE 0 OPERATING IMPACT (Includes add'l personnel needs as well as any other FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed 0 1 1 1 1 0 Estimated Operating Impact 01 1 1 10 REMARKS: CAPITAL IMP REQ # : 15-042 ACCOUNT #: 316001 9910 599300 800 (additional lines for multiple fund sources) Packet Pc IL v 0 N V d O L a c m E 0 U R Q. N N 3 V i W ao N Q M 0 3 Z LO U- id C N E s 0 r r Q ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: IS. Header Canal Road at NSLRWCD Canal 68 Culvert Replacement PROJECT #: 1905 DEPARTMENT: Public Works DATE PREPARED: 5/19/2015 DIVISION: Engineering PROJECT MGR: Michael Powley TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES X NO RENOVATION: APPROVED: YES NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION, SCOPE & JUSTIFICATION: Culvert Replacement THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO FX LEVEL OF SERVICE IMPACT: DEPARTMENT PRIORITY LEVEL �1 1 - High Priority, not completing would negatively affect critical service &/or safety 2 - Medium Priority, not completing would have some effect on service; grant award/availability; long range expansion goals 3 - Other FUNDING USES CARRYOVER FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR FROM FY 14 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 0 0 Buildings 0 0 Imp O/T Bldgs 10,0001 10,000 90,0001 100,000 TOTAL: 0 10,000 10,000 90,000 0 0 0 100,000 FUNDING SOURCES & AMOUNTS FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR NEW BUDGET PLAN PLAN PLAN PLAN TOTAL 316001-5th Cent Fuel Capital 10,0001 10,0001 90,0001 1 1009000 0 0 TOTAL: 10,000 10,000 90,000 0 0 0 100,000 PRIOR PROJECT FUNDING TOTAL LIFE TO DATE BUDGET 0 TOTAL LIFE TO DATE EXPENDITURE 0 OPERATING IMPACT (Includes add'l personnel needs as well as any other FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed 0 1 1 1 1 0 Estimated Operating Impact 01 1 1 10 REMARKS: CAPITAL IMP REQ # : 15-043 ACCOUNT #: 316001 9910 599300 800 (additional lines for multiple fund sources) Packet Pc IL v 0 N V d O L a c m E 0 U R Q. N N 3 V i W ao N Q M 0 3 Z LO U- id C N E s 0 r r Q ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: I Selvitz Road at NSLRWCD Canal 102 Culvert Replacement PROJECT #: 4 DEPARTMENT: Public Works DATE PREPA�7F5/19/2015 DIVISION: I Engineering PROJECT MGR: Michael Powley TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES X NO RENOVATION: APPROVED: YES NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION, SCOPE & JUSTIFICATION: Culvert Replacement THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO F7X LEVEL OF SERVICE IMPACT: DEPARTMENT PRIORITY LEVEL �1 1 - High Priority, not completing would negatively affect critical service &/or safety 2 - Medium Priority, not completing would have some effect on service; grant award/availability; long range expansion goals 3 - Other FUNDING USES CARRYOVER FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR FROM FY 14 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 0 0 Buildings 0 0 Imp O/T Bldgs 10,0001 10,000 215,0001 1 1 225,000 TOTAL: 0 10,000 10,000 215,000 0 0 0 225,000 FUNDING SOURCES & AMOUNTS FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR NEW BUDGET PLAN PLAN PLAN PLAN TOTAL 316001-5th Cent Fuel Capital 10,0001 10,0001 215.0001 1 2259000 0 0 TOTAL: 10,000 10,000 215,000 0 0 0 225,000 PRIOR PROJECT FUNDING TOTAL LIFE TO DATE BUDGET 0 TOTAL LIFE TO DATE EXPENDITURE 0 OPERATING IMPACT (Includes add'l personnel needs as well as any other FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed 0 1 1 1 1 0 Estimated Operating Impact 01 1 1 10 REMARKS: CAPITAL IMP REQ # : 15-044 ACCOUNT #: 316001 9910 599300 800 (additional lines for multiple fund sources) Packet Pc IL v 0 N V d O L a c m E 0 U R Q. N N 3 V i W ao N Q M 0 3 Z LO U- id C N E s 0 r r Q ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: IS. Header Canal Road at NSLRWCD Canal 72 Culvert Replacement PROJECT #: 1905 DEPARTMENT: Public Works DATE PREPARED: 5/19/2015 DIVISION: Engineering PROJECT MGR: Michael Powley TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES X NO RENOVATION: APPROVED: YES NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION, SCOPE & JUSTIFICATION: Culvert Replacement THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO FX LEVEL OF SERVICE IMPACT: DEPARTMENT PRIORITY LEVEL �1 1 - High Priority, not completing would negatively affect critical service &/or safety 2 - Medium Priority, not completing would have some effect on service; grant award/availability; long range expansion goals 3 - Other FUNDING USES CARRYOVER FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR FROM FY 14 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 0 0 Buildings 0 0 Imp O/T Bldgs 10,0001 10,000 90,0001 100,000 TOTAL: 0 10,000 10,000 90,000 0 0 0 100,000 FUNDING SOURCES & AMOUNTS FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR NEW BUDGET PLAN PLAN PLAN PLAN TOTAL 316001-5th Cent Fuel Capital 10,0001 10,0001 90,0001 1 1009000 0 0 TOTAL: 10,000 10,000 90,000 0 0 0 100,000 PRIOR PROJECT FUNDING TOTAL LIFE TO DATE BUDGET 0 TOTAL LIFE TO DATE EXPENDITURE 0 OPERATING IMPACT (Includes add'l personnel needs as well as any other FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed 0 1 1 1 1 0 Estimated Operating Impact 01 1 1 10 REMARKS: CAPITAL IMP REQ # : 15-045 ACCOUNT #: 316001 9910 599300 800 (additional lines for multiple fund sources) Packet Pc IL v 0 N V d O L a c m E 0 U R Q. N N 3 V i W ao N Q M 0 3 Z LO U- id C N E s 0 r r Q ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: lWoodlands Drive at NSLRWCD Canal 27 Culvert Replacement PROJECT #: 1905 DEPARTMENT: Public Works DATE PREPARED: 5/19/2015 DIVISION: I Engineering PROJECT MGR: Michael Powley TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES X NO RENOVATION: APPROVED: YES NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION, SCOPE & JUSTIFICATION: Culvert Replacement THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES =NO FX LEVEL OF SERVICE IMPACT: DEPARTMENT PRIORITY LEVEL �1 1 - High Priority, not completing would negatively affect critical service &/or safety 2 - Medium Priority, not completing would have some effect on service; grant award/availability; long range expansion goals 3 - Other FUNDING USES CARRYOVER FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR FROM FY 14 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 0 0 Buildings 0 0 Imp O/T Bldgs 10,0001 10,000 90,0001 100,000 TOTAL: 0 10,000 10,000 90,000 0 0 0 100,000 FUNDING SOURCES & AMOUNTS FY14-15 FY 14-15 FY 15-16 FY 16-17 FY17-18 FY18-19 5-YEAR NEW BUDGET PLAN PLAN PLAN PLAN TOTAL 316001-5th Cent Fuel Capital 10,0001 10,0001 90,0001 1 1009000 0 0 TOTAL: 10,000 10,000 90,000 0 0 0 100,000 PRIOR PROJECT FUNDING TOTAL LIFE TO DATE BUDGET 0 TOTAL LIFE TO DATE EXPENDITURE 0 OPERATING IMPACT (Includes add'l personnel needs as well as any other FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed 0 1 1 1 1 0 Estimated Operating Impact 01 1 1 10 REMARKS: CAPITAL IMP REQ # : 15-046 ACCOUNT #: 316001 9910 599300 800 (additional lines for multiple fund sources) Packet Pc IL v 0 N V d O L a c m E 0 U R Q. N N 3 V i W ao N Q M 0 3 Z LO U- id C N E s 0 r r Q 8.M.2 ITEM NO. (ID # 2872) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Christopher Lestrange, Manager Road & Bridge Division DATE 06/02/2015 *CONSENT AGENDA\PUBLIC WORKS Award of Bid No. 15-034 - Purchase and Installation of Guardrail The purpose of the bid is to enter into an as -needed fixed line item pricing contract to utilize the services for guardrail installation and repair services. On May 6, 2015, submittals to Bid No. 15-034, Purchase and Installation of Guardrail were opened. One (1) bid was received, 207 companies were notified, and 10 documents were distributed. Bid No. 15-034 was bid in accordance with Local Preference Ordinance No. 09-005. This contract will replace Contract C11-05-174 with Southeast Attenuators, Inc., which expired on May 16, 2015. The annual cost for guardrail maintenance is estimated at $30,000.00. PREVIOUS ACTION: N/A FINANCIAL IMPACT: There are sufficient funds in the Road and Bridge Traffic budget (Safety Marker Signs account 101004- 4109-553100-400) to fund the guardrail purchase and installation contract. RECOMMENDATION: Staff recommends Board approval to award Bid # 15-034, to the lowest responsive bidder, Southeast Attenuators, Inc., for a 3-year contract term and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 91 8.M.2 Coordination/Signatures Con West, Public Works Director) 015 Danie 5. McIntyre, Cgifinty ttorney 5/18/2015 Updated: 5/26/2015 8:29 AM by Kelly Phelan Page 2 Packet Pg. 92 8.M.2.a BOARD OF COUNTY COMMISSIONERS BID #15-034 PURCHASE AND INSTALLATION OF GUARDRAIL DATE DUE: 5/6/2015 @ 2:30 P.M. Revised SOUTHEAST ATTENUATOR INC. West Palm Beach FL. Description Unit ofMeasure Unit Price 1 Guardrail Assembly ROADWAY (W-Beam) New (Furnish & Install) LF $18.00 2 Guardrail Assembly BRIDGE (W-Beam) New Furnish & Install LF $35.00 3 Guardrail Assembly ROADWAY (Thrie Beam) New (Furnish & Install) LF $17.50 4 Guardrail Assembly BRIDGE (Thrie Beam) New Furnish & Install LF $55.80 5 Guardrail Post, REPLACED LF $9.00 6 Shop Bent Panels (Radius) (Furnish & Install) LF $11.00 7 Guardrail Post, WOOD ( Furnish & Install) EA $75.00 8 Guardrail Post, METAL (Furnish & Install) EA $95.00 9 Guardrail Post, ENCASED (Furnish & Install) EA $135.00 10 Guardrail Post, Short Timber Break Post (Furnish & Install) EA $65.00 11 Guardrail Post, Steel Anchor (Bridge) (Furnish & Install) EA $100.00 12 Guardrail Post, Special Steel (Single/Double) (Furnish & Install) EA $100.00 13 Offset Blocks, Wood (Furnish & Install) EA $15.00 14 Offset Blocks, Recycled Plastic (Furnish & Install) EA $15.00 15 Special Bridge End Shoes ( Furnish & Install) EA $50.00 16 Terminal Connector, Thrie Beam (Furnish & Install) EA $100.00 17 Reflectors, (Furnish & Install) EA $6.00 18 Guardrail, Single RESET LF $8.50 19 Guardrail Removal & Disposal LF $3.00 20 Extruder Head w/Amber Reflective Sheeting (Furnish & Install) EA $900.00 21 End Section, Flared ( Furnish & Install) EA $50.00 22 End Section, Half Rounded (Furnish & Install) EA $75.00 23 End Section, Full Rounded Buffer ( Furnish & Install) EA $100.00 24 End Anchorage Assembly, Type II (Furnish & Install) EA $650.00 Packet Pg. 93 8.M.2.a SOUTHEAST ATTENUATOR INC. 25 End Anchorage Assembly, Flared (Furnish & Install) EA $2,500.00 26 End Anchorage Assembly, Parallel (Furnish & Install) EA $2,600.00 27 End Anchorage Assembly, Type CRT ( Furnish & Install EA $2,500.00 28 End Anchorage Assembly, ET-2000 (Furnish & Install) EA $1.00 29 End Anchorage Assembly, SRT-350(Furnish & Install) EA $1.00 30 Special Safety Pipe Rail (New) (Furnish & Install) LF $15.00 31 Handrail, Pedestrian, Aluminum 42" ( New) (Furnish & Install) LF $25.00 32 Handrail, Pedestrian, Steel 42" (New) (Furnish & Install) LF $40.00 33 Handrail, Pedestrain, Steel 54" ( New)(Furnish & Install) LF $75.00 34 Handrail, Pedestrain, Aluminum 54" (New) (Furnish & Install) LF $40.00 35 Amber Reflective Sheeting (12% 18") (Furnish & Install) EA $15.00 36 Miscellaneous Asphalt Paving (Cold Patch) SY $25.00 37 Miscellaneous Concrete Paving SY $25.00 38 MOT- Lane Closure Only EA $250.00 39 Emergency Response (per Each call) EA $100.00 40 Delivery Days after receipt of order DAYS 21 41 The Successful Bidder shall warranty labor, materials and parts for a period of year(s), no less than one (1) year for each work request. 1 year Number of companies notified*: 207 Number of bid documents distributed*: Number of bids received: 10 *per demandstar.com Packet Pg. 94 8.M.3 ITEM NO. (ID # 2875) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Ron Harris, County Surveyor Engineering DATE 06/02/2015 *CONSENT AGENDA\PUBLIC WORKS Fort Pierce Kidney Center Holdings, LLC — Conditional Acceptance Fort Pierce Kidney Center Holdings, LLC, developer of the Ft. Pierce Kidney Center, received site plan approval by the Fort Pierce City Commission on November 5, 2012. The project is located on the east side of Hartman Road and approximately 850 feet north of Okeechobee Road. Pursuant to the approved site plan, the developer constructed a six-foot concrete sidewalk along the east right-of-way of Hartman Road. The developer's engineer submitted a certification package on March 19, 2015, and County staff performed a site inspection on April 1, 2015. Deficiencies were noted and correspondence with a punch list was issued to the Developer's engineer on April 3, 2015. The developer's contractor successfully completed all punch list items. The developer's engineer issued a final certification of completion together with record drawings on May 4, 2015 (Attachment). The developer executed the Maintenance Agreement (Attachment). County staff reinspected the project on May 6, 2015 and determined that the constructed improvements met plan requirements and were acceptable. PREVIOUS ACTION: November 26, 2013 - County Administrator approved the Road Improvement Agreement. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the conditional acceptance of the off -site improvements and Maintenance Agreement, release surety in the amount of $21,988.62 and retain $3,880.34 for maintenance. Authorization for the Chair to sign documents as approved by the County Attorney. Packet Pg. 95 8.M.3 Coordination/Signatures Am�slu,�s , ., [ on We t, Public Works Directol —=--a 015 aanWi,eeyS. MAclntyreanie 5. McIntyre, C my ttorney 5/18/2015 updated: 5/14/2015 2:02 PM by Linda Buchanan Page 2 Packet Pg. 96 8.M.3.a E■ STEPHEN COOPER, P.E. & ASSOCIATESO INC. —CONSULTING ENGINEER— • CIVIL ENGINEERING • SITE PLANNING • ENVIRONMENTAL PERMITTING 7450 S. Federal Highways Port St. Lucie, FL 34952 Phone: 772-336-2933 9 Fax: 772-336-2940 FLORIDA CERTIFICATE OF AUTHORIZATION No. 00008856 scooperpe@att.net May 4, 2015 Mr. John Frank, P.E. St. Lucie County Public Works Dept. Right -of -Way Permitting 2300 Virginal Avenue Ft. Pierce, Florida 34982 ***VIA HAND DELIVERY *** RE: Hartman Medical — Driveway Entrance/Right-of-Way Improvements Engineer's Final Certification (REVISED) SCPE Project 08137 Dear Mr. Frank; Based on periodic site observation, the attached Signed and Sealed As -Built Survey completed by Bloomster Land Surveyors and the attached passing LBR/Density Test reports completed by GFA International, please allow this letter to serve as our final certification the proposed improvements located within Hartman Road right-of-way have been completed in substantial conformance with the approved construction plans. There are two minor deviations noted; • The driveway culvert was eliminated as it was the concurrence of all the driveway could become a high point and the runoff south of the driveway would be carried the existing inlet located at Okeechobee and Hartman Road. Runoff North of the driveway will be carried to the NSLRWCD canal via existing offsite roadside conveyance swale. • The Detectible Warning Mats were eliminated from the ramps at the entrance. These mats are not required. It should be noted, the swale conveyance system along Hartman Road, north of the project entrance, is filled in with dirt and is in need of maintenance. Based on discussion with St. Lucie County Road and Bridge staff, this section of the Hartman Road conveyance will be cleaned out to design section, which will enable the offsite road conveyance to function properly. If you or your staff have any questions, comments or concerns regarding this final certification, please do not hesitate to contact us at the above address/phone. Thank you for your assistance in the closeout of this permit. Sincerely, w��e�.... R ��CQo`i; s ..A4..... nZ�oor, E Assoaatds, Inc.: AX Stephen C6gp�'kE5' President PtR�I S-1- I 8.M.3.a MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this day of June 2015, by and between FORT PIERCE KIDNEY CENTER HOLDINGS, LLC (the "Developer") and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"). WITNESSETH: WHEREAS, the Developer has completed the construction of the roadway and drainage improvements (the "Improvements") and desires to convey ownership and maintenance responsibility to the County; and WHEREAS, as a condition for the acceptance of the Improvements by the County, the Developer has agreed to post security in a form acceptable to the County Attorney in the amount of fifteen percent (15%) of the approved cost of the Improvements for a period of at least one (1) year and thirty (30) days from the date of conditional acceptance of the Improvements by the County. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney, in the amount of Three thousand Eight hundred and Eighty dollars and thirty-four cents ($3,880.34), representing fifteen percent (15%) of the cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer and as are more particularly set forth on those certain plans for construction improvements drawn by the Developer's engineers, Steven Cooper, P.E. and Associates, Inc. dated July 3, 2013. This amount shall be retained for a period of one (1) year and thirty (30) days from the date of conditional acceptance as described below to provide for maintenance of the Improvements to be dedicated to the public and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 2. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 1 Packet Pg. 98 8.M.3.a 3. CONDITIONAL ACCEPTANCE. Upon completion of the construction of the Improvements, the Developer's engineer shall certify that the Improvements have been constructed in accordance with applicable County requirements. When the improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all required improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners and recommend that the Improvements be conditionally accepted. 4. RELEASE OF SECURITY. One year from the date the Improvements are conditionally accepted by the Board of County Commissioners, the Developer shall contact the County Engineer for a joint inspection with the Developer's Engineer. If deficiencies appear, the Developer shall correct all deficiencies in an approved manner, except those damages that are not a result of design or construction deficiencies. If the required corrective action cannot be completed by the one year and 30 day expiration date, the County may so notice the Developer that the required security will not be released until all necessary corrective actions have been completed and approved by the County. When all corrections have been made, the County Engineer shall so inform the Board. The Board of County Commissioners shall then act on release of remaining development security, and final acceptance of the Improvements. 5. INTERPRETATION; VENUE. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either parry to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. (THE NEXT PAGE IS THE SIGNATURE PAGE) 2 Packet Pg. 99 8.M.3.a IN WITNESS WHEREOF, the parties have caused this agreement to be made and entered into the day and year first written. WITNESSES: DEPUTY CLERK I: PRINT: Maria T. Flores TITLE: Managing Member, Ft. Pierce Kidney Center Holdings, LLC BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 100 8.M.4 ITEM NO. RES-2015-95 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Michael Powley, County Engineer Engineering DATE: 06/02/2015 *CONSENT AGENDA\PUBLIC WORKS Budget Resolution - Indian River Estates Stormwater Improvements Phase II Bid Award The Indian River Estates (IRE) Phase II project continues the goals of the Phase I pump station built on the corner of Midway Road and Sunset Drive. Phase II replumbs a significant portion of the IRE neighborhood so that gravity drains the neighborhood to the north. The flows towards the pump station are both over land in road side swales and in underground stormwater pipes within the rights -of way of the local neighborhood roads. Although Fountain completed a majority of the project, they did not achieve substantial completion. In January 2015, the County declared Fountain in default and notified Fountain's surety. Our grant from the Federal Emergency Management Administration (FEMA) requires the County to certify this project complete by July 30, 2015. To that end, we have utilized emergency quote procedures to select four contractors who have worked successfully with us in the past: Johnson -Davis Construction, PRP Construction, Mel Bush Construction and Pave -Co Contractors. At the request of our contractors and to ensure the successful construction of the improvements, we have divided the remaining work in the Indian River Estates neighborhood into a north half and a south half resulting in two projects. On May 18, 2015 quotes were solicited from these firms to complete the Indian River Estates Stormwater Improvements Phase II North Section and South Section. These projects were bid in accordance to the Local Preference Ordinance No. 09-005. On May 26, 2015, two quotes (from Johnson -Davis and PRP Construction and two non -quotes from Mel Bush Construction and Pave -Co Contractors) for the north section were received. Johnson -Davis, Inc. of St. Lucie County is the lowest responsive, responsible bidder in the amount of $871,420. Please see the attached tabulation. The budget will be established as follows: Packet Pg. 101 Construction $792,200 10% Contingency $79,220 Total Construction Budget $871,420 Construction Management - Work Authorization not to exceed $100,000. (Consultant to be determined.) On May 26, 2015, two quotes (from Johnson -Davis and PRP Construction and two non -quotes from Mel Bush Construction and Pave -Co Contractors) for the south section were received. PRP Construction of Okeechobee County is the lowest responsive, responsible bidder in the amount of $1,017,412. Please see the attached tabulation. The budget will be established as follows: Construction $ 924,920 10% Contingency 92,492 Total Construction Budget $1,017,412 Construction Management - Work Authorization not to exceed $100,000. (Consultant to be determined.) It will be necessary to replenish the County Capital -Transportation Bond funds in the October 2016 budget. PREVIOUS ACTION: February 9, 2010 - Board approved contract with Inwood Consulting Engineers, Inc. in the amount of $519,903.50. April 26, 2011 - First Amendment for a time extension executed by the County Administrator. June 21, 2011 - Second Amendment to contract in the amount of $171,332. April 3, 2012 - Board approved Federally Funded Sub -Grant Agreement No. 1561-135-R with Florida Department of Emergency Management in the amount of $4,684,610 (75% of funding) for Drainage System Upgrades to the Indian River Estates Stormwater Phase II and Resolution No. 12-053. May 1, 2012 - Board approved contract award to Fountain Engineering, Inc. in the amount of $6,552,568 for IRE Stormwater Improvements Phase II. June 5, 2012 - Board approval of Work Authorization No. 1 (C-09-08-289) with Dunkelberger Engineering & Testing, Inc. for Construction Engineering and Inspection Services in the amount of $1,269,232, Work Authorization No. 6 (C07-07-427) with Ardaman & Associates, Inc. for Geotechnical Testing in the amount of $140,000, Amendment No. 4 (C10-02-280) with Inwood Consulting Engineers for Post Design Services in the amount of $42,704 for Indian River Estates Stormwater Improvements Phase II, approval of CIP 12- 036. January 8, 2014 - First Amendment to Work Authorization 1 with Dunkelberger Engineering & Testing, Inc. and First Amendment to Work Authorization No. 6 with Ardaman & Associates, Inc. for a time extension only executed by the County Administrator. Updated: 5/28/2015 4:33 PM by Linda Buchanan H Page 2 Packet Pg. 102 March 14, 2014 - Deductive Change Order from contingency ($90,000) executed by the County Administrator. April 15, 2014 - Board approved to reallocate $75,000 of the contingency fund and Second Amendment to Work Authorization No. 1 (C09-08-289) with Dunkelberger Engineering & Testing, Inc. for Indian River Estates Stormwater Improvements Phase II. September 16, 2014 - Board approved to increase the contract (C09-08-289) by $300,000 for a total of $1,644,231.75 funding from reserves for the Third Amendment to Work Authorization No. 1 (C09-08-289) with Dunkelberger Engineering & Testing, Inc. for Indian River Estates Stormwater Improvements Phase II. March 3, 2015 - Board declared an emergency and authorized staff to solicit written quotes from at least three firms to complete the project. Board approved Work Authorization No. 58 with C&T in the amount of $149,585 to complete the as -built plans. FINANCIAL IMPACT: Since these grant funds were not anticipated in FY15, funding is not appropriated in the adopted budget; therefore, a budget needs to be established to expend these funds. Funds will be deposited into the Transportation Trust and Stormwater funds (101002-3725-563000-093600, 101003-3725-563000-093600, 102001-3725-563000-093600). Also, funds are available in County Capital -Transportation Bond (318- 4115-563000-114604). RECOMMENDATION: Staff recommends Board approval of contract award to Johnson -Davis, Inc. in the amount of $871,420 for completion of the North Section and contract award to PRP Construction in the amount of $1,017,412 for completion of the South Section of Indian River Estates Stormwater Improvements Phase II and attached Budget Resolution. Authorization for the Chair to sign documents as approved by the County Attorney. Authorization for the County Administrator to execute the two (2) work authorizations for Construction Management Services for an amount not to exceed $100,000 each. COMMISSION ACTION: Updated: 5/28/2015 4:33 PM by Linda Buchanan H Page 3 Packet Pg. 103 8.M.4 Coordination/Signatures V xnllz,. ichael Powley, ounty Enginee �T 5/28/2015 Danie 5. McIntyre, Cgifinty ttorney 5/29/2015 updated: 5/28/2015 4:33 PM by Linda Buchanan H Page 4 Packet Pg. 104 8.M.4.a ITEM NO. (ID # 2708) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners DATE: 03/03/2015 *CONSENT AGENDA\COUNT ATTORNEY PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Indian River Estates Stormwater Improvements Phase II - Request for Declaration of Emergency and Solicitation of Written Quotes; Approval of Work Authorization No. 58 with Culpepper & Terpening (C&T) for Completion of As -Built Plans BACKGROUND: The Indian River Estates (IRE) Phase II project replumbs the majority of the IRE neighborhood so that gravity drains the neighborhood to the north. The flow towards the pump station are both over land in road side swales and in underground stormwater pipes within the right-of-way of local neighborhood roads. The Indian River Estates Stormwater Improvements Phase II project is federally funded to $6,246,147.00 through the Hazard Mitigation Grant Program (HMGP) with Florida Department of Emergency Management (FDEM). The County has received 75% of the funding ($4,684,610.00) in the form of a Federally Funded Sub -Grant Agreement. The local match of 25% is $1,561,537.00 was funded from Drainage Maintenance MSTU Reserves. The difference between grant funding and the actual construction value, or $306,421.00, came from Stormwater Reserves. On April 2, 2012, bids were opened for the project. Sixty-four bid packages were distributed and eight bids were received. The lowest responsive, responsible bidder was Fountain Engineering, Inc., of Miami in the amount of $6,552,568.00. Although Fountain completed a majority of the project, they did not achieve substantial completion as required by May 26, 2014 or final completion required by July 25, 2014. Fountain was given additional time to complete the project but failed to do so. In January, 2015 the County declared Fountain in default and notified Fountain's surety. Fountain has stopped working on the project and Fountain's surety has not yet accepted responsibility for completing the project. According to the County's construction engineering inspection firm the estimated cost of completing the project is $710,928.00 (Please note that this estimate was derived without the benefit of completed as -built plans). In order to properly define the scope of work for the repairs needed to complete the project as -built plans will need to be completed. Attached is a copy of Work Authorization No. 58 with C&T in the amount of $149,585.00 to complete the Packet Pg. 105 8.M.4.a required as -built plans. The County's Public Works staff believes that it is essential to complete this stormwater project before the rainy season begins and is recommending that the Board declare an emergency and solicit written quotes from at least 3 firms to complete the project. PREVIOUS ACTION: February 9, 2010 - Board approved contract with Inwood Consulting Engineers, Inc. in the amount of $519,903.50. April 26, 2011 - First Amendment for a time extension executed by the County Administrator. June 21, 2011- Second Amendment to contract in the amount of $171,332.00. May 1, 2012 - Board approves construction bid award to Fountain Engineering, Inc. in the amount of $6,552,568.00. FINANCIAL IMPACT: N/A RECOMMENDATION: For the reasons set out above staff recommends that the Board declare an emergency and authorize staff to solicit written quotes from at least 3 firms to complete the project. Staff further recommends that the Board approve Work Authorization No. 58 with C&T in the amount of $149,585.00 and authorize the Chair to sign the Work Authorization. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery Coordination/Signatures Danie: S. McIntyre, C my ttorney 2/24/201.5 H❑ and Tipton, Count Administrat❑ 2/25/2015 Updated: 2/24/2015 9:52 AM by Stephanie Bush Page 2 Packet Pg. 106 8.M.4.b Project Name: INDIAN RIVER ESTATES STORMWATER IMPROVEMENT PHASE II REPAIR WORK (NORTH SECTION) Bid No. Project No. 15501 North Section Bid Date: May 27, 2015 Johnson Davis PRP Construction Mel -Bush Construction Pav-Co Contracting' Bid Items Description Units Est. Quantity Unit Price Final Price Unit Price Final Price Unit Price Final Price Unit Price Final Price ITEMS NEEDED FOR SUBSTANTIAL COMPLETION 101-IA Mobilization/Demobilization LS 1.0 $50,000.00 $50,000.00 $35,000.00 $35,000.00 102-IA Maintenance of Traffic LS 1.0 $10,000.00 $10,000.00 $65,000.00 $65,000.00 104-2A Prevention, Control & Abatement of Erosion & Water Pollution LS 1.0 $10,000.00 $10,000.00 $23,000.00 $23,000.00 108-1A As -Built Drawings LS 1.0 $52,000.00 $52,000.00 $48,541.50 $48,541.50 108-1B Construction Layout LS 1.0 $32,000.00 $32,000.00 $45,000.00 $45,000.00 120-1A Swale Re -Grading LF 20,000.0 $22.00 $440,000.00 $21.50 $430,000.00 570-1-2 Performance Turf (Sod) (Match Existing) SY 47,000.0 $4.00 $188,000.00 $4.25 $199,750.00 999-999R Structure Grate Removal EA 9.0 $800.00 $7,200.00 $250.00 $2,250.00 999-999T ISetting Skimmer on S-6002 LS 1 1.0 $3,000.00 $3,000.00 $3,500.00 $3,500.00 Total Base Bid (Based on Bid Unit Prices & Estimated Quantities) (% cliff of Low Bid) $792,200.00 F 7.55 % $852,041.50 999-99 Construction Contingency Allowance (10% of Base Bid) $79,220.00 $85,204.15 TOTAL ESTIMATED AMOUNT (Based on Bid Unit Prices, Estimated Quantities and 10 % Contingency) F S871,420.00 r $917,241.15 Note * - Please see attached Page 1 of 1 Packet Pg. 107 8.M.4.b Project Name: INDIAN RIVER ESTATES STORMWATER IMPROVEMENT PHASE II REPAIR WORK (SOUTH SECTION) Bid No. Project No. 15501 South Section Bid Date: May 27, 2015 PPP Construction Johnson Davis Mel -Bush Construction Pav-Co Contracting Bid Items Description Units Est. Quantity Unit Price Final Price Unit Price Final Price Unit Price Final Price Unit Price Final Price ITEMS NEEDED FOR SUBSTANTIAL COMPLETION 101-1A Mobilization/Demobilization LS 1.0 $35,000.00 $35,000.00 $101,000.00 $101,000.00 102-1A Maintenance of Traffic LS 1.0 $65,000.00 $65,000.00 $15,000.00 $15,000.00 104-2A Prevention, Control & Abatement of Erosion & Water Pollution LS 1.0 $23,000.00 $23,000.00 $15,000.00 $15,000.00 108-1A As -Built Drawings LS 1.0 $52,020.00 $52,020.00 $55,000.00 $55,000.00 108-IB Construction Layout LS 1 1.0 $47,150.00 $47,150.00 $40,000.00 $40,000.00 120-IA Swale Re -Grading LF 22,000.0 $21.50 $473,000.00 $23.00 $506,000.00 524-1-2A Remove & Replace Concrete Ditch Pavement for CS -EASY -I LS 1.0 $6,000.00 $6,000.00 $8,000.00 $8,000.00 570-1-2 Performance Turf (Sod) (Match Existing) SY 52,000.0 $4.25 $221,000.00 $4.00 $208,000.00 999-999R Structure Grate Removal EA 11.0 $250.00 $2,750.00 $800.00 $8,800.00 Total Base Bid (Based on Bid Unit Prices & Estimated Quantities) (% diff of Low Bid) $924,920.00 3.45 % $956,800.00 999-99 Construction Contingency Allowance (10 % of Base Bid) - $92,492.00 $95,680.00 TOTAL ESTIMATED AMOUNT (Based on Bid Unit Prices, Estimated Quantities and 10 % Contingency) $1,017,412.00 $1,052,480.00 Note: * - Please see attached Page 1 of 1 Packet Pg. 108 8.M.4.b Michael Harvey From: Melvin Bush Construction <melvinbushconstr@bellsouth.net> Sent: Tuesday, May 19, 2015 4:00 PM To: Michael Harvey Subject: Indian River Estates Bid Please be advised that we cannot commit any staff to the project that is up for bid. We are not going to place a bid in for this reason. If you have any questions don't hesitate to email or call me! Thank You, Barbara Pawelec Melvin Bush Construction, Inc. P(772)336-0623 F(772)336-0488 Packet Pg. 109 From: Pav-.Co Contracting, Inc.[mailto:pavcocontracting@aol.com] Sent: Tuesday, May 12, 2015 10:21 AM To: Edmund Bas Cc: williamcarpino@aol.com Subject: Indian River Estates Stormwater Improvements Good Morning Edmund, Bill wanted me to let you know that he reviewed the plans for the Indian River Estates Stormwater Improvements. Unfortunately at this time we do not have enough labor to meet your schedule to have the work completed. Thank you for your consideration. We are sorry for any inconvenience. Thank You, Brittany Lynch Office Manager Pav-Co Contracting, Inc. 3290 SE Slater St Stuart FL 34997 State License Number: CGC1522574 Pavcocontractinq a(�aol.com Phone: 772-286-7385 Fax: 772-286-7859 Please see our website at wvvw.pav-cocontractin.g.com Please [Dote: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available is the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and ! or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and -delete all materiels from all computers. 8.M.4.b Packet Pg. 110 RESOLUTION 8.M.4.c WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the State of Florida, Division of Emergency Management Agreement in the amount of $1,038,607 for the Indian River Estates Phase II project. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 2nd day of June, 2015, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2014-2015, and the County's budget is hereby amended as follows: REVENUE 101003-3725-331394-093600 101002-3725-331394-093600 102001-3725-331394-093600 APPROPRIATIONS 101003-3725-563000-093600 101002-3725-563000-093600 102001-3725-563000-093600 Emergency Mgmt. $681,924 Emergency Mgmt. $270,001 Emergency Mgmt. $ 86,682 Infrastructure $681,924 Infrastructure $270,001 Infrastructure $ 86,682 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chair XXX Commissioner Kim Johnson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Frannie Hutchinson XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 2ND DAY OF JUNE 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 111 8.N.1 ITEM NO. (ID # 2879) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: ci inirrT- BACKGROUND: Toby Long, Director Sheriff's Office DATE: 06/02/2015 *CONSENT AGENDA\SHERIFF'S OFFICE Authorization to submit an electronic application for the 2015 Port Security Grant The St. Lucie County Sheriff's Office is requesting authorization to submit an electronic application for the U. S. Department of Homeland Security (DHS) 2015 Port Security Grant Program (PSGP). This grant in the amount of $515,442.74 will be used to enhance the security of the Port of Fort Pierce through the Port Security Regional Enhancement Project. Funding through the DHS Port Security Grant is provided to state, local and private sector partners to increase port -wide management, enhance awareness; training and exercises; and further capabilities to prevent, detect, respond to , and recover from attacks involving improvised explosive devices (IEDs) and other non-coventional weapons. There is a 25% in -kind and/or cash match required. PREVIOUS ACTION: N/A FINANCIAL IMPACT: A grant fund will be established upon approval of the award. The 25% match requirement is included in the Sheriff's Office budget. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2015 Port Security Grant offered by the U. S. Department of Homeland Security. Care ►] "il►�ill;MrIP►I_T411L01]TF Packet Pg. 112 8.N.1 Coordination/Signatures n J. s ,,,Sheriff 5/14/2015 Danie S. McIntyre, C my ttorney 5/21/2015 Updated: 5/14/2015 12:26 PM by Charmayne Davis Page 2 Packet Pg. 113 Homeland Security ND 56 FY 2015 Port Security Grant Program (PSGP) Overview As appropriated by the Department of Homeland Security Appropriations Act, 2015 (Pub. L. No 114-4); the Port Security Grant Program (PSGP) is one of the Department of Homeland Security's (DHS) Fiscal Year (FY) 2015 grant programs that directly support maritime transportation infrastructure security activities. PSGP is one tool in the comprehensive set of measures authorized by Congress and implemented by the Administration to strengthen the Nation's critical infrastructure against risks associated with potential terrorist attacks. The FY 2015 PSGP provides funds for transportation infrastructure security activities to implement Area Maritime Security Plans and facility security plans among port authorities, facility operators, and state and local government agencies required to provide port security services. The FY 2015 PSGP plays an important role in the implementation of the National Preparedness System by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The FY 2015 PSGP's allowable costs support efforts to build and sustain core capabilities across the prevention, protection, mitigation, response, and recovery mission areas. Funding In FY 2015, the total amount of funds that will be distributed under this grant program is $100,000,000. The FY 2015 PSGP is focused on supporting increased port -wide maritime security risk management; enhancing maritime domain awareness; supporting maritime security training and exercises; and to maintaining or reestablishing maritime security mitigation protocols that support port recovery and resiliency capabilities. PSGP investments must address U.S. Coast Guard (USCG) identified vulnerabilities in port security. Eligibility In FY 2015, PSGP will discontinue having two designated groupings; all port areas will be selected for funding through a competitive review process. FY 201 i PSG P Fact Sheet Packet Pg. 114 8.N.1.a The following entities are specifically encouraged to apply: • Owners or operators of federally -regulated terminals, facilities, U.S. inspected passenger vessels or ferries as defined in the Maritime Transportation Security Act (MTSA) and Title 33 of the Code of Federal Regulations (CFR) Parts 101, 104, 105, and 106. • Members of an Area Maritime Security Committee, per 33 CFR Part 103, who are recognized as such by the U.S. Coast Guard's (USCG) Captain of the Port (COTP), and are required to provide port security services. Specifically, eligible applicants include port authorities, port police, local law enforcement agencies, port and local fire departments, and facility fire brigades that have jurisdictional authority to respond to incidents in the port. Certain ferry systems are eligible to apply for FY 2015 PSGP funds. However, any ferry system receiving funds under the FY 2015 PSGP will not be eligible to participate under the FY 2015 Transit Security Grant Program (TSGP). Likewise, any ferry system that participates in the TSGP will not be eligible for funding under the PSGP. Funding Guidelines The FY 2015 PSGP will focus on strengthening governance integration; enhancing Maritime Domain Awareness (MDA); enhancing IED and Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) prevention, protection, mitigation, response, and recovery capabilities; Cybersecurity; port resilience and recovery capabilities; training and exercises; and Transportation Worker Identification Credential (TWIC) Implementation. A maximum of up to five percent (5%) of PSGP funds awarded is retainable by recipients for Management and Administration (M&A) associated with the grant award. The period of performance for the PSGP is thirty-six (36) months from the date of award. Key FY 2015 PSGP Changes • Group Designations: There are no Port Area Group Designations in FY 2015. All Port Areas will be selected for funding through a competitive review process • Cost Match: No distinction will be made between public and private sector applicants. All PSGP award recipients must provide a non -Federal match (cash or in -kind) supporting at least 25 percent of the total project cost for each proposed project. The FY 2015 PSGP Notice of Funding Opportunity includes some general exceptions to this requirement. • Cost Match Waivers: Applicants requesting a cost -share waiver that does not demonstrate new, post -award difficulties and cost -share waivers submitted at the time of application will not be considered. • Requests for Small Boats with CBRNE Capabilities: Vessels failing to identify CBRNE capabilities may be considered for funding under exceptional circumstances verified by the COTP. For a vessel to be considered a CBRNE platform, it must include one or more of following equipment: Radioisotope Identification Device (RIID), Radiation detection backpack(s), Boat -mounted Radiation detection system, or Personal Radiation Detector (PRD) in conjunction with a RIID, backpack, or vessel mounted system. FY 2015 PSGP Fact Sheet Packet Pg. 115 8.N.1.a • Period of Performance: The period of performance is 36 months. Application Process and Evaluation Criteria The Federal Emergency Management Agency (FEMA) will conduct an initial review of all FY 2015 PSGP applications for completion. Field -level reviews will be conducted by the applicable COTP in coordination with the Director of the U.S. Department of Transportation's Maritime Administration's Gateway Office and appropriate personnel from the Area Maritime Security Committee (AMSC), as identified by the COTP. Field review project scores and prioritized lists will be submitted to FEMA for the national review process. The National Review Panel (NRP) will convene with subject matter experts from DHS and other federal partners to identify a final, prioritized list of eligible projects for funding. The NRP will conduct an initial review of the prioritized project listings for each port area submitted by the USCG's COTP to ensure that the proposed projects will accomplish intended risk mitigation goals. The NRP will validate and normalize the Field Review COTP Project Priority List and provide a master list of prioritized projects by port area. A risk -based algorithm will be applied to the NRP's validation and prioritized lists for each port area in all groups. The NRP then will evaluate and validate the consolidated and ranked project list resulting from the application of the algorithm and submit their determinations to FEMA and ultimately to the Secretary of Homeland Security for final approval. PSGP Program Resources There are a variety of resources available to address programmatic, technical, and financial questions, which can assist with the PSGP Program. • The FY 2015 PSGP Notice of Funding Opportunity is located online at: http://www.,fema.,gov/Zrants as well as on http://www.grants.Qov. • For additional program -specific information, please contact the Centralized Scheduling and Information Desk (CSID) help line at (800) 368-6498 orAskCSID@dhs.gov. CSID hours of operation are from 9:00 a.m. to 5:30 p.m. EDT, Monday through Friday. • For financial -related questions, including pre -and post -award administration and technical assistance, applicants may contact the FEMA Grant Programs Directorate Call Center at (866) 927-5646 or via e-mail to ASK-GMD@dhs.gov. FY 201 � PSGP Fact Sheet Packet Pg. 116 8.N.2 ITEM NO. (ID # 2882) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: ci inirrT- BACKGROUND: Toby Long, Director Sheriff's Office DATE: 06/02/2015 *CONSENT AGENDA\SHERIFF'S OFFICE Authorization to submit an application for the 2015 Edward Byrne Memorial JAG Grant The St. Lucie County Sheriff's Office is requesting authorization to submit an electronic application for the U. S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance 2015 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation. This $54,223 grant will be split equally (50/50) between the Ft. Pierce Police Department ($27,111.50) and the St. Lucie County Sheriff's Office ($27,111.50). JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and criminal justice information systems. PREVIOUS ACTION: N/A FINANCIAL IMPACT: A grant fund will be established upon approval of the award. There are no matching funds required for this grant. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriff's Office submission of the electronic application for the 2015 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation offered by the U. S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance. COMMISSION ACTION: Packet Pg. 117 8.N.2 Coordination/Signatures n J. s ,,,Sheriff 5/14/2015 Danie S. McIntyre, C my ttorney 5/21/2015 Updated: 5/14/2015 3:13 PM by Charmayne Davis Page 2 Packet Pg. 118 8.N.2.a 2015 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation Program Overview The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a)) is the primary provider of federal criminal justice funding to state and local jurisdictions. The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement, prosecution and court programs, prevention and education programs, corrections and community corrections, drug treatment and enforcement, crime victim and witness initiatives, and planning, evaluation, and technology improvement programs. Program Areas JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: • Law enforcement programs. • Prosecution and court programs. • Prevention and education programs. • Corrections and community corrections programs. • Drug treatment and enforcement programs. • Planning, evaluation, and technology improvement programs. • Crime victim and witness programs (other than compensation). Packet Pg. 119 8.N.2.b w c� ''L^^ 'V V a •L 0 E d a� c L M� W �D 1 ca r �4 /�DCa �fi0 n S ca Fie EM G... Fw Nip � G, wyyene sae.- Ow,wai.-Fe..e.we_ gwawn,emmFw pwrsarn ]eN Fenenn.ceIDee ®eovyF. '�]wm w:. edge:,- �pFenn.avrtr.vevi FL :POMPANO BEACH CITY Municipal FL SUNRISE g. IT rMumcipa) FL TOAMARAOCITY .Munidual FL LEON,COUNIY °County FL TALLAHASSEE'CITY �Nlunicipal: F•L' PINELLAS COUNTY. County ':'F.L: ST PETERSBURG'CITY ' °Municipal U,NITiY• ST LUCIE CQI. 'County .�'�' ;FLU; 4FORT'PIERCEsCITY'- Murncipal FL ALTAMONTE SPRINGS CITY Municipal FL APOPKA CITY Municipal FL BAY COUNTY County FL BELLE GLADE CITY Municipal FL BOCA RATON CITY Municipal FL BOYNTON BEACH CITY Municipal FL BRADENTON CITY Municipal 3 LU : Gvgei �_..JawKn..l.uw.. N N - $63;996, � +r O ,,_.. N r $106224`- f$l>2822U Q. CL to E , $6163 `65 - $231,4,�OOY E $11M929 N $3529`4�' O $10,643 0 $12,154 N N $23,094 0 $23,895 t $11, 604 Q $26,436 N 00 00 N _ O $24,124 v Q' C9 a Ln r O N N Z 00 _ d E t t� O r Q Packet Pg. 120 8.N.2.b Packet Pg. 121 9.A.1 ITEM NO. ORD-2015-7 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE: 06/02/2015 *PUBLIC HEARINGS\COUNTY ATTORNEY Ordinance - Reauthorizing the Levy of the Ninth Cent Gas Tax On June 20, 1995, the Board adopted Ordinance No. 95-025 providing for the levy of the ninth cent gas tax in St. Lucie County. The levy of this tax expires on August 31, 2015. Attached is copy of draft Ordinance, which, if adopted, would reauthorize the levy of the ninth cent tax upon every gallon of motor fuel and diesel fuel sold in St. Lucie County from September 1, 2015 until repealed. The draft ordinance provides that the proceeds will be distributed to the County and used for transportation expenditures as defined in Section 336.025(7), Florida Statutes, a copy of which is attached. Please note that even with reauthorization of this tax the transportation infrastructure needs of the County will exceed available revenues. Approval of the ordinance requires an extraordinary vote (at least four (4) votes) of the Board. Please note that the time of the hearing is set for 7:00 p.m. or as soon thereafter as the item may be heard. PREVIOUS ACTION: The Board granted permission to advertise on May 19, 2015. Notice of the public hearing was published in the Tribune on May 22, 2015. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board adopt the Ordinance and authorize the Chair to sign the ordinance. COMMISSION ACTION: Packet Pg. 122 9.A.1 Coordination/Signatures anie 5. McIntyre, C my ttorney 5/22/2015 updated: 5/26/2015 11:26 AM by Stephanie Bush Page 2 Packet Pg. 123 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/STATUTES/index.cfm?App_m Select Year: 2014 Go The 2014 Florida Statutes Title XXVI Chapter 336 View Entire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.025 County transportation system; levy of local option fuel tax on motor fuel and diesel fuel.— (1)(a) In addition to other taxes allowed by law, there may be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a 1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option fuel tax upon every gallon of motor fuel and diesel fuel sold in a county and taxed under the provisions of part I or part II of chapter 206. 1. At[ impositions and rate changes of the tax shalt be levied before October 1 to be effective January 1 of the following year for a period not to exceed 30 years, and the applicable method of distribution shalt be established pursuant to subsection (3) or subsection (4). However, levies of the tax which were in effect on July 1, 2002, and which expire on August 31 of any year may be reimposed at the current authorized rate effective September 1 of the year of expiration. Upon expiration, the tax may be relevied provided that a redetermination of the method of distribution is made as provided in this section. 2. County and municipal governments shall utilize moneys received pursuant to this paragraph only for transportation expenditures. 3. Any tax levied pursuant to this paragraph may be extended on a majority vote of the governing body of the county. A redetermination of the method of distribution shall be established pursuant to subsection (3) or subsection (4), if, after July 1, 1986, the tax is extended or the tax rate changed, for the period of extension or for the additional tax. (b) In addition to other taxes allowed by taw, there may be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-cent, 4-cent, or 5-cent local option fuel tax upon every gallon of motor fuel sold in a county and taxed under the provisions of part I of chapter 206. The tax shall be levied by an ordinance adopted by a majority plus one vote of the membership of the governing body of the county or by referendum. 1. All impositions and rate changes of the tax shall be levied before October 1, to be effective January 1 of the following year. However, levies of the tax which were in effect on July 1, 2002, and which expire on August 31 of any year may be reimposed at the current authorized rate effective September 1 of the year of expiration. 2. The county may, prior to levy of the tax, establish by interlocal agreement with one or more municipalities located therein, representing a majority of the population of the incorporated area within the county, a distribution formula for dividing the entire proceeds of the tax among county government and all eligible municipalities within the county. If no interlocal agreement is adopted before the effective date of the tax, tax revenues shall be distributed pursuant to the provisions of subsection (4). If no interlocal agreement exists, a new interlocal agreement may be established prior to June 1 of any year pursuant to this subparagraph. However, any interlocat agreement agreed to under this subparagraph after the initial levy of the tax or change in the tax rate authorized in this section shall under no circumstances materially or adversely affect the rights of holders of outstanding bonds which are backed by taxes I of 5 Packet Pg. 124 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/STATUTES/index.cfm?App_m authorized by this paragraph, and the amounts distributed to the county government and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of establishment of the new interlocal agreement. 3. County and municipal governments shalt use moneys received pursuant to this paragraph for transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive plan or for expenditures needed to meet immediate local transportation problems and for other transportation -related expenditures that are critical for building comprehensive roadway networks by local governments. For purposes of this paragraph, expenditures for the construction of new roads, the reconstruction or resurfacing of existing paved roads, or the paving of existing graded roads shall be deemed to increase capacity and such projects shall be included in the capital improvements element of an adopted comprehensive plan. Expenditures for purposes of this paragraph shalt not include routine maintenance of roads. (c) Local governments may use the services of the Division of Bond Finance of the State Board of Administration pursuant to the State Bond Act to issue any bonds through the provisions of this section and may pledge the revenues from local option fuel taxes to secure the payment of the bonds. Counties and municipalities may join together for the issuance of bonds issued pursuant to this section. (d) If an interlocal agreement entered into under this section does not provide for automatic adjustments or periodic review by the local governmentat entities of the method of distribution of local option fuel tax revenues, the parties to the agreement shall review and hold public hearings on the terms of the agreement at least every 2 years. (2)(a) The tax levied pursuant to paragraph (1)(a) shall be collected and remitted in the same manner provided by ss. 206.41(1)(e) and 206.87(1)(c). The tax levied pursuant to paragraph (1)(b) shall be collected and remitted in the same manner provided by s. 206.41(1)(e). The taxes remitted pursuant to this section shalt be transferred to the Local Option Fuel Tax Trust Fund, which fund is created for distribution to the county and eligible municipal governments within the county in which the tax was collected and which fund is subject to the service charge imposed in chapter 215. The tax shall be distributed monthly by the department in the same manner provided by s. 336.021(1)(c) and (d). The department shall deduct the administrative costs incurred by it in collecting, administering, enforcing, and distributing back to the counties the tax, which administrative costs may not exceed 2 percent of collections authorized by this section. The total administrative costs shall be prorated among those counties levying the tax according to the following formula, which shall be revised on July 1 of each year: Two-thirds of the amount deducted shall be based on the county's proportional share of the number of dealers who are registered for purposes of chapter 212 on June 30 of the preceding state fiscal year, and one-third of the amount deducted shall be based on the county's share of the total amount of the tax collected during the preceding state fiscal year. The department has the authority to prescribe and publish all forms upon which reports shall be made to it and other forms and records deemed to be necessary for proper administration and collection of the taxes levied by any county and shall promulgate such rules as may be necessary for the enforcement of this section, which rules shall have the full force and effect of law. The provisions of ss. 206.026, 206.027, 206.028, 206.051, 206.052, 206.054, 206.055, 206.06, 206.07, 206.075, 206.08, 206.09, 206.095, 206.10, 206.11, 206.12, 206.13, 206.14, 206.15, 206.16, 206.17, 206.175, 206.18, 206.199, 206.20, 206.204, 206.205, 206.21, 206.215, 206.22, 206.24, 206.27, 206.28, 206.41, 206.416, 206.44, 206.45, 206.48, 206.49, 206.56, 206.59, 206.626, 206.87, 206.872, 206.873, 206.8735, 206.874, 206.8741, 206.94, and 206.945 shall, as far as practicable, be applicable to the levy and collection of taxes imposed pursuant to this section as if fully set out in this section. 2 of 5 Packet Pg. 125 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/STATUTES/index.cfm?App_m (b) The provisions of s. 206.43(7) shall apply to the incorrect reporting of the tax levied under this section. (c) The provisions for refund provided in s. 206.625 are not applicable to the tax levied pursuant to paragraph (1)(a) or paragraph (1)(b) by any county. (3) The tax authorized pursuant to paragraph (1)(a) shall be levied using either of the following procedures: (a) The tax may be levied by an ordinance adopted by a majority vote of the governing body or upon approval by referendum. Such ordinance shall be adopted in accordance with the requirements imposed under one of the following circumstances, whichever is applicable: 1. The county may, prior to June 1, establish by interlocat agreement with one or more of the municipalities located therein, representing a majority of the population of the incorporated area within the county, a distribution formula for dividing the entire proceeds of the local option fuel tax among the county government and all eligible municipalities within the county. If no interlocat agreement exists, a new interlocat agreement may be established prior to August 1, 1986, or June 1 of any year thereafter pursuant to this subparagraph. However, any interlocat agreement agreed to under this subparagraph after the initial imposition of the tax, extension of the tax, or change in the tax rate authorized in this section shall under no circumstances materially or adversely affect the rights of holders of outstanding bonds which are backed by taxes authorized by this section, and the amounts distributed to the county government and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of establishment of the new interlocat agreement. 2. If an interlocal agreement has not been executed pursuant to subparagraph 1., the county may, prior to June 10, adopt a resolution of intent to levy the tax allowed in paragraph (1)(a). 3. Notwithstanding subparagraphs 1. and 2., any inland county with a population greater than 500,000 as of July 1, 1996, with an interlocat agreement with one or more of the incorporated areas within the county established pursuant to subparagraph 1. must utilize the population estimates of local governmental units as of April 1 of each year pursuant to s. 186.901, for dividing the proceeds of the local option fuel tax contained in such interlocat agreement. However, any interlocal agreement agreed to under this subparagraph after the initial imposition of the tax, extension of the tax, or change in the tax rate authorized in this section shall under no circumstances materially or adversely affect the rights of holders of outstanding bonds which are backed by taxes authorized by this section, and the amounts distributed to the county government and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of establishment of the new interlocat agreement. (b) If no interlocat agreement or resolution is adopted pursuant to subparagraph (a)1. or subparagraph (a)2., municipalities representing more than 50 percent of the county population may, prior to June 20, adopt uniform resolutions approving the local option tax, establishing the duration of the levy and the rate authorized in paragraph (1)(a), and setting the date for a countywide referendum on whether to levy the tax. A referendum shall be held in accordance with the provisions of such resolution and applicable state law, provided that the county shall bear the costs thereof. The tax shall be levied and collected countywide on January 1 following 30 days after voter approval. (4)(a) If the tax authorized pursuant to paragraph (1)(a) is levied under the circumstances of subparagraph (3)(a)2. or paragraph (3)(b), the proceeds of the tax shall be distributed among the county government and eligible municipalities based on the transportation expenditures of each for the immediately preceding 5 fiscal years, as a proportion of the total of such expenditures for the county and 3 of 5 Packet Pg. 126 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/STATUTES/index.cfm?App_m all municipalities within the county. After the initial levy of a tax being distributed pursuant to the provisions of this paragraph, the proportions shall be recalculated every 10 years based on the transportation expenditures of the immediately preceding 5 years. However, such recalculation shall under no circumstances materially or adversely affect the rights of holders of bonds outstanding on July 1, 1986, which are backed by taxes authorized in paragraph (1)(a), and the amounts distributed to the county government and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of the recalculation. (b) Any newly incorporated municipality which is eligible for participation in the distribution of moneys under parts II and VI of chapter 218 and which is located in a county levying the tax pursuant to paragraph (1)(a) or paragraph (1)(b) is entitled to receive a share of the tax revenues. Distribution of such revenues to a newly incorporated municipality shall begin in the first full fiscal year following incorporation. The distribution to a newly incorporated municipality shalt be: 1. Equal to the county's per lane mile expenditure in the previous year times the lane miles within the jurisdiction or responsibility of the municipality, in which case the county's share shall be reduced proportionately; or 2. Determined by the local act incorporating the municipality. Such distribution shall under no circumstances materially or adversely affect the rights of holders of outstanding bonds which are backed by taxes authorized in this section, and the amounts distributed to the county government and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of the redistribution. (5)(a) By October 1 of each year, the county shall notify the Department of Revenue of the rate of the taxes levied pursuant to paragraphs (1)(a) and (b), and of its decision to rescind or change the rate of a tax, if applicable, and shalt provide the department with a certified copy of the interlocal agreement established under subparagraph (1)(b)2. or subparagraph (3)(a)1. with distribution proportions established by such agreement or pursuant to subsection (4), if applicable. A decision to rescind a tax may not take effect on any date other than December 31 and requires a minimum of 60 days' notice to the Department of Revenue of such decision. (b) Any dispute as to the determination by the county of distribution proportions shall be resolved through an appeal to the Administration Commission in accordance with procedures developed by the commission. Pending final disposition of such proceeding, the tax shall be collected pursuant to this section, and such funds shall be held in escrow by the clerk of the circuit court of the county until final disposition. (6) Only those municipalities and counties eligible for participation in the distribution of moneys under parts II and VI of chapter 218 are eligible to receive moneys under this section. Any funds otherwise undistributed because of ineligibility shall be distributed to eligible governments within the county in proportion to other moneys distributed pursuant to this section. (7) For the purposes of this section, "transportation expenditures" means expenditures by the local government from local or state shared revenue sources, excluding expenditures of bond proceeds, for the following programs: (a) Public transportation operations and maintenance. (b) Roadway and right-of-way maintenance and equipment and structures used primarily for the storage and maintenance of such equipment. 4of5 Packet Pg. 127 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/STATUTES/index.cfm?App_m (c) Roadway and right-of-way drainage. (d) Street lighting installation, operation, maintenance, and repair. (e) Traffic signs, traffic engineering, signalization, and pavement markings, installation, operation, maintenance, and repair. (f) Bridge maintenance and operation. (g) Debt service and current expenditures for transportation capital projects in the foregoing program areas, including construction or reconstruction of roads and sidewalks. (8) In addition to the uses specified in subsection (7), the governing body of a county with a population of 50,000 or less on April 1, 1992, or the governing body of a municipality within such a county may use the proceeds of the tax levied pursuant to paragraph (1 )(a) in any fiscal year to fund infrastructure projects, if such projects are consistent with the local government's approved comprehensive plan or, if the approval or denial of the plan has not become final, consistent with the plan last submitted to the state land planning agency. In addition, no more than an amount equal to the proceeds from 4 cents per gallon of the tax imposed pursuant to paragraph (1)(a) may be used by such county for the express and limited purpose of paying for a court -ordered refund of special assessments. Except as provided in subsection (7), such funds shall not be used for the operational expenses of any infrastructure. Such funds may be used for infrastructure projects under this subsection only after the local government, prior to the fiscal year in which the funds are proposed to be used, or if pledged for bonded indebtedness, prior to the fiscal year in which the bonds wilt be issued, has held a duly noticed public hearing on the proposed use of the funds and has adopted a resolution certifying that the local government has met all of the transportation needs identified in its approved comprehensive plan or, if the approval or denial of the plan has not become final, consistent with the plan last submitted to the state land planning agency. The proceeds shall not be pledged for bonded indebtedness for a period exceeding 10 years, except that, for the express and limited purpose of using such proceeds in any fiscal year to pay a court -ordered refund of special assessments, the proceeds may be pledged for bonded indebtedness not exceeding 15 years. For the purposes of this subsection, "infrastructure" has the same meaning as provided in s. 212.055. (9) Notwithstanding any other provision of this section, the tax on diesel fuel authorized in this section shall be levied in every county at the rate of 6 cents per net gallon. History.-s. 55, ch. 83-3; s. 6, ch. 83-138; s. 8, ch. 83-339; s. 1, ch. 84-369; s. 17, ch. 85-81; s. 33, ch. 85-180; s. 123, ch. 85-342; s. 43, ch. 86-152; s. 29, ch. 86-243; s. 71, ch. 87.99; s. 2, ch. 90-351; s. 9, ch. 92-184; s. 280, ch. 92-279; s. 4, ch. 92-309; s. 55, ch. 92-326; s. 33, ch. 93-164; s. 40, ch. 93-206; s. 8, ch. 94-146; s. 53, ch. 94-237; s. 960, ch. 95-148; s. 40, ch. 95-257; s. 1, ch. 95.343; ss. 118, 119, ch. 95-417; ss. 25, 68, ch. 96-323; ss. 18, 19, ch. 96-397; ss. 17, 18, ch. 97-54; s. 9, ch. 2000-266; s. 35, ch. 2001-201; s. 48, ch. 2002-218; s. 3, ch. 2003.86; s. 24, ch. 2003-254; s. 28, ch. 2007-196; s. 28, ch. 2012-174. Copyright © 1995-2015 The Florida Legislature • Privacy Statement • Contact Us 5 of 5 1 Packet Pg. 1 8 9.A.1.b ORDINANCE NO. 15-XX AN ORDINANCE AMENDING CHAPTER 42 "TAXATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO PROVIDE FOR THE REAUTHORIZATION OF THE "NINTH CENT GAS TAX"; AMENDING SECTION 42-212 "LEVY OF NINTH CENT GAS TAX TO PROVIDE FOR THE REAUTHORIZATION OF THE NINTH CENT GAS TAX UPON EVERY GALLON OF MOTOR FUEL AND DIESEL FUEL SOLD IN ST. LUCIE COUNTY AND TAXED UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA STATUTES; AMENDING SECTION 42-213 "DISTRIBUTION AND USE OF NINTH CENT GAS TAX" TO PROVIDE FOR THE DISTRIBUTION OF THE REAUTHORIZED NINTH CENT GAS TAX; AMENDING SECTION 42.214 "DURATION OF TAX" TO PROVIDE THAT THE REAUTHORIZED NINTH CENT GAS TAX IMPOSED BY THIS ORDINANCE SHALL BE EFFECTIVE FROM SEPTEMBER 1, 2015 UNTIL REPEALED; PROVIDING FOR SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.021, Florida Statutes, authorizes this Board to levy a one cent gas tax ("ninth cent gas tax") upon every gallon of motor fuel and diesel fuel sold in St. Lucie County and taxed under the provisions of Chapter 206, Florida Statutes. 2. On June 20, 1995, the Board adopted Ordinance No. 95-25 providing for the levy of the ninth -cent gas tax through August 31, 2015. 3. The health, safety, and welfare of the residents of St. Lucie County will benefit from the passage of an ordinance reauthorizing the levy of the ninth cent gas tax to fund, in part, necessary transportation expenditures within St. Lucie County. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE V "GAS TAXES" IS AMENDED TO READ AS FOLLOWS: Underlined passages are added. Struck thFaugh passages are deleted. C:\users\pheIank\appdata\local\tem p\m in utetraq\stl u ciefl @stIuciefl.igm2.com\work\attachments\5177.doc 1 Packet Pg. 129 9.A.1.b Section 42-212. LEVY OF NINTH CENT GAS TAX Pursuant to Florida Statutes 336.021, a $0.01 gas tax is reauthorized and imposed upon every gallon of motor fuel and diesel fuel sold in the county, and taxed under the provisions of Florida Statutes, Chapter 206. Section 42-213. DISTRIBUTION AND USE OF NINTH CENT GAS TAX The proceeds of the reauthorized ninth cent gas tax shall be distributed to the county and used to pay the costs and expenses of establishing, operating and maintaining the county's transportation system and related facilities and the cost of acquisition, construction, reconstruction and maintenance of the county's roads and streets. Section 42-214. DURATION OF TAX The initial ninth cent gas tax imposed bV Ordinance No. 95-025 shall be effective from September 1, 1995 through August 31, 2015 both inclusive. The reauthorized ninth cent gas tax imposed bV this division through the adoption of Ordinance No. 15-XX shall be effective from September 1, 2015, until repealed. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portion of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. e1:494MaIIl►[hTiT/1119:IN: 1*0747e1.41►d4►Igo][W] Ifil 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 D. FILING WITH THE DEPARTMENT OF REVENUE. The County Attorney is hereby directed forthwith to send a certified copy of this ordinance to the Florida Department of Revenue, 201 Carlton Building, Tallahassee, Florida, 32301. Underlined passages are added. ctFWGl thFOUgh passages are deleted. C:\users\phelank\appdata\local\temp\minutetraq\stluciefl@stluciefl.igm2.com\work\attachments\5177.doc Packet Pg. 130 9.A.1.b PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Paula A. Lewis, Chair XXX Kim Johnson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery 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 day of , 2015. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. ctFWGl thFOUgh passages are deleted. C:\users\phelank\appdata\local\temp\minutetraq\stluciefl@stluciefl.igm2.com\work\attachments\5177.doc 9 Packet Pg. 131 9.A.2 ITEM NO. ORD-2015-8 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 06/02/2015 *PUBLIC HEARINGS\COUNTY ATTORNEY Ordinance - Reauthorizing the Levy for the Local Option Fuel Tax The Board has previously adopted the six cent ($0.06) local option fuel tax pursuant to Section 336.025(1)(a) Florida Statutes and a five cent ($0.05) local option motor fuel tax pursuant to Section 336.025(1)(b) Florida Statutes. The levy of the local option fuel tax expires on August 31, 2015. Attached is a copy of draft Ordinance, which, if adopted, would reauthorize the levy of the local option fuel taxes from September 1, 2015 through December 31, 2044. The draft ordinance provides that the proceeds of the six cent ($0.06) local option fuel tax will be distributed to the County and the municipalities and used for transportation expenditures as defined in Section 336.025(7), Florida Statutes. Proceeds from the five cent ($0.05) local option fuel tax may only be used for transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive or for expenditures needed to meet immediate local transportation problems and for other transportation related expenditures that are critical for building comprehensive roadway networks. On April 29, 2015, the Management and Budget Director distributed a memorandum explaining the Local Option Gas Tax Allocation Method, a copy of which is attached. Please note that even with reauthorization of this tax the transportation infrastructure needs of the County will exceed available revenues. The percentage of distribution to each entity is set out in an interlocal agreement, approved by the Board on May 19, 2015, where the distribution is based on transportation expenditures for the previous 5 years for the period from September 1, 2015 through December 31, 2017 and thereafter for the period beginning on January 1, 2018 through December 31, 2044 is based on the number of paved roadway miles maintained by the County and the eligible municipalities. Please note that the time of the hearing is set for 7:00 p.m. or as soon thereafter as the item may be heard. PREVIOUS ACTION: The Board granted permission to advertise the draft ordinance on May 19, 2015. Notice of the public hearing was published in the Tribune on May 22, 2015. FINANCIAL IMPACT: N/A Packet Pg. 132 9.A.2 RECOMMENDATION: Staff recommends that the Board adopt Ordinance and authorize the Chair to sign the ordinance. COMMISSION ACTION: Coordination/Signatures anie 5. McIntyre, C my ttorney 5/22/2015 Updated: 5/26/2015 11:27 AM by Stephanie Bush Page 2 Packet Pg. 133 9.A.2.a ORDINANCE NO. 15-XX AN ORDINANCE AMENDING CHAPTER 42 "TAXATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO PROVIDE FOR THE REAUTHORIZATION OF THE IMPOSITION OF A SIX CENT ($0.06) LOCAL OPTION FUEL TAX UPON EVERY GALLON OF MOTOR FUEL AND DIESEL FUEL SOLD IN ST. LUCIE COUNTY AND TAXED UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA STATUTES, PURSUANT TO SECTION 336.025(1)(a) FLORIDA STATUTES AND A FIVE CENT ($0.05) LOCAL OPTION FUEL TAX UPON EVERY GALLON OF MOTOR FUEL SOLD IN ST. LUCIE COUNTY AND TAXED UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA STATUTES PURSUANT TO SECTION 336.025(1)(b); AMENDING SECTION 42-192 "LEVY OF LOCAL OPTION FUEL TAX" TO PROVIDE FOR THE REAUTHORIZATION OF THE SIX CENT ($0.06) LOCAL OPTION FUEL TAX AND THE FIVE CENT ($0.05) LOCAL OPTION FUEL TAX AND TO CLARIFY THE STATUTORY SECTION AND THE USE OF REVENUES RECEIVED PURSUANT TO THE TAX; AMENDING SECTION 42-193 "DISTRIBUTION OF LOCAL OPTION FUEL TAX" TO PROVIDE FOR THE DISTRIBUTION OF THE LOCAL OPTION FUEL TAX BASED ON TRANSPORTATION EXPENDITURES FOR PREVIOUS 5 YEARS THROUGH DECEMBER 31, 2017 AND, THEREAFTER, ON THE NUMBER OF PAVED ROADWAY MILES; AMENDING SECTION 42.194 "DURATION OF TAX" TO PROVIDE THAT THE REAUTHORIZED TAXES IMPOSED BY THIS ORDINANCE SHALL BE EFFECTIVE FROM SEPTEMBER 1, 2015 THROUGH DECEMBER 31, 2044; PROVIDING FOR SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board has previously adopted the six cent ($0.06) local option tax upon every gallon of motor fuel and diesel fuel sold in St. Lucie County pursuant to Section 336.025(1)(a), Florida Statutes and a five cent ($0.05) local option tax upon every gallon of motor fuel sold in St. Lucie County pursuant to Section 336.025(1)(b), Florida Statutes. The levy of these taxes is scheduled to expire on August 31, 2015. 2. The health, safety, and welfare of the residents of St. Lucie County will benefit Underlined passages are added. StFuc'�rrvcr through passages are deleted. C:\users\phelank\appdata\local\temp\minutetraq\stluciefl @stluciefl.igm2.com\work\attachments\5174.doc 1 Packet Pg. 134 9.A.2.a from the passage of an ordinance i.e. reauthorizing the levy of the six cent ($0.06) local option tax on motor fuel and diesel fuel pursuant to Section 336.025(1)(a), Florida Statutes and a five cent ($0.05) local option tax pursuant to Section 336.025(1)(b) Florida Statutes to fund, in part, necessary transportation expenditures within St. Lucie County. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE V (GAS TAXES) OF CHAPTER 42 (TAXATION) IS HEREBY AMENDED TO READ: Section 42-192 LEVY OF LOCAL OPTION MOTOR FUEL TAX (a) Pursuant to Florida Statute, Section 336.02511ICgl, as amended by Senate Bill —31-3 passed by 1046- Florida ' ^^isles+„r^ a $0.06 local option motor fuel tax is reauthorized and imposed upon every gallon of motor fuel and special diesel fuel sold in the county, and taxed under the provisions of Florida Statutes Chapter 206. The revenues received pursuant to the tax levied pursuant to this paragraph (a) shall only be utilized for transportation expenditures as defined in Section 336.025. Florida Statutes. (b) Pursuant to Florida Statutes, Section 336.025(1)(b), Florida Statutes, $0.05 local option motor fuel tax is reauthorized and imposed upon every gallon of motor fuel sold in the county and taxed under the provisions of Florida Statutes Chapter 201, Part 1. The revenues received from the additional $0.05 local option motor fuel tax may only be utilized for transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive plan. For purposes of this subsection, expenditures for the construction of new roads, alternative methods of transportation, or reconstruction or resurfacing of existing paved roads shall be deems to increase capacity and such projects shall be included in the capital improvements element of the adopted comprehensive plan. Expenditures for purposes of this subsection shall not include routine maintenance of roads. Section 42-193 DISTRIBUTION OF LOCAL OPTION FUEL TAX (a) All divisions of tax proceeds shall be determined by the county on or before J44 October 1 of each year during the duration of the tax as set out in Section 42-4�3194 beginning jury 1, 19$4 October 1, 2015. The annual redetermination by the county of the division of the tax proceeds for the period from September 1, 2015 through December 31, 2017 shall be based on transportation expenditures of the county and all eligible municipalities based on the transportation expenditures of each for the five (5) fiscal years preceding the year in which the annual redetermination is made;. For the period from January 1, 2018 through December 31, 2044, the annual re -determination by the County of the division of proceeds shall be based on the number of paved roadway miles maintained by the County and the eligible municipalities, Underlined passages are added. StFwek thFaugh passages are deleted. C:\users\phelank\appdata\local\temp\minutetraq\stluciefl@stluciefl.igm2.com\work\attachments\5174.doc 2 Packet Pg. 135 9.A.2.a as a proportion of the total of such expenditwFes paved roadway miles for the county and all municipalities within the county with a floor of 20% for the amount to be distributed to the County. The county shall notify the department of revenue of the results of the county's redetermination of the tax proceeds by Pdy October 1 of the year the redetermination is made. The annual redetermination shall be effective beginning September January 1 of the year after the redetermination is made. Any dispute as to the determination by the county of the distribution of the tax proceeds shall be in accordance with Section 336.025(5)(b), Florida Statutes. Section 42-194 DURATION OF TAX The initial $0.06 local option gas tax imposed by this article shall be effective from September 1, 1987, through August 31, 2015, both dates inclusive. The first initial additional $0.02 local option motor fuel tax imposed by this article shall be effective from January 1, 1998, through August 31, 2015, both dates inclusive. The remaining initial additional $0.03 local option motor fuel tax imposed by this article shall be effective from January 1, 2000, through August 31, 2015, both dates inclusive. The reauthorized $0.06 local option gas tax imposed by this article through the adoption of Ordinance No. 15-XX shall be effective from September 1, 2015 through December 31, 2044, both dates inclusive. The reauthorized additional $0.05 local option motor fuel tax imposed by this article through the adoption of Ordinance No. 15-XX shall be effective from September 1, 2015 through December 31, 2044 both dates inclusive. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portion of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk 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 D. FILING WITH THE DEPARTMENT OF REVENUE. The County Attorney is hereby directed forthwith to send a certified copy of this ordinance to the Florida Department of Revenue, 201 Carlton Building, Tallahassee, Florida, Underlined passages are added. StFue' hFaug,h passages are deleted. C:\users\phelank\appdata\local\temp\minutetraq\stluciefl@stluciefl.igm2.com\work\attachments\5174.doc 3 Packet Pg. 136 9.A.2.a 32301. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. 7_1:ii�_UZ�I��[�7►! After motion and second, the vote on this ordinance was as follows: Paula A. Lewis, Chair XXX Kim Johnson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery 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 2015. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. StFue' hFaug,h passages are deleted. C:\users\phelank\appdata\local\temp\minutetraq\stluciefl@stluciefl.igm2.com\work\attachments\5174.doc 4 Packet Pg. 137 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/STATUTES/index.cfm?App_m 9 q 2 b Select Year: 2014 Go The 2014 Florida Statutes Title XXVI Chapter 336 View Entire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.025 County transportation system; levy of local option fuel tax on motor fuel and diesel fuel.— (1)(a) In addition to other taxes allowed by law, there may be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a 1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option fuel tax upon every gallon of motor fuel and diesel fuel sold in a county and taxed under the provisions of part I or part II of chapter 206. 1. At[ impositions and rate changes of the tax shalt be levied before October 1 to be effective January 1 of the following year for a period not to exceed 30 years, and the applicable method of distribution shalt be established pursuant to subsection (3) or subsection (4). However, levies of the tax which were in effect on July 1, 2002, and which expire on August 31 of any year may be reimposed at the current authorized rate effective September 1 of the year of expiration. Upon expiration, the tax may be relevied provided that a redetermination of the method of distribution is made as provided in this section. 2. County and municipal governments shall utilize moneys received pursuant to this paragraph only for transportation expenditures. 3. Any tax levied pursuant to this paragraph may be extended on a majority vote of the governing body of the county. A redetermination of the method of distribution shall be established pursuant to subsection (3) or subsection (4), if, after July 1, 1986, the tax is extended or the tax rate changed, for the period of extension or for the additional tax. (b) In addition to other taxes allowed by taw, there may be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-cent, 4-cent, or 5-cent local option fuel tax upon every gallon of motor fuel sold in a county and taxed under the provisions of part I of chapter 206. The tax shall be levied by an ordinance adopted by a majority plus one vote of the membership of the governing body of the county or by referendum. 1. All impositions and rate changes of the tax shall be levied before October 1, to be effective January 1 of the following year. However, levies of the tax which were in effect on July 1, 2002, and which expire on August 31 of any year may be reimposed at the current authorized rate effective September 1 of the year of expiration. 2. The county may, prior to levy of the tax, establish by interlocal agreement with one or more municipalities located therein, representing a majority of the population of the incorporated area within the county, a distribution formula for dividing the entire proceeds of the tax among county government and all eligible municipalities within the county. If no interlocal agreement is adopted before the effective date of the tax, tax revenues shall be distributed pursuant to the provisions of subsection (4). If no interlocal agreement exists, a new interlocal agreement may be established prior to June 1 of any year pursuant to this subparagraph. However, any interlocat agreement agreed to under this subparagraph after the initial levy of the tax or change in the tax rate authorized in this section shall under no circumstances materially or adversely affect the rights of holders of outstanding bonds which are backed by taxes I of 5 Packet Pg. 138 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/STATUTES/index.cfm?App_m 9 q 2 b authorized by this paragraph, and the amounts distributed to the county government and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of establishment of the new interlocal agreement. 3. County and municipal governments shalt use moneys received pursuant to this paragraph for transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive plan or for expenditures needed to meet immediate local transportation problems and for other transportation -related expenditures that are critical for building comprehensive roadway networks by local governments. For purposes of this paragraph, expenditures for the construction of new roads, the reconstruction or resurfacing of existing paved roads, or the paving of existing graded roads shall be deemed to increase capacity and such projects shall be included in the capital improvements element of an adopted comprehensive plan. Expenditures for purposes of this paragraph shalt not include routine maintenance of roads. (c) Local governments may use the services of the Division of Bond Finance of the State Board of Administration pursuant to the State Bond Act to issue any bonds through the provisions of this section and may pledge the revenues from local option fuel taxes to secure the payment of the bonds. Counties and municipalities may join together for the issuance of bonds issued pursuant to this section. (d) If an interlocal agreement entered into under this section does not provide for automatic adjustments or periodic review by the local governmentat entities of the method of distribution of local option fuel tax revenues, the parties to the agreement shall review and hold public hearings on the terms of the agreement at least every 2 years. (2)(a) The tax levied pursuant to paragraph (1)(a) shall be collected and remitted in the same manner provided by ss. 206.41(1)(e) and 206.87(1)(c). The tax levied pursuant to paragraph (1)(b) shall be collected and remitted in the same manner provided by s. 206.41(1)(e). The taxes remitted pursuant to this section shalt be transferred to the Local Option Fuel Tax Trust Fund, which fund is created for distribution to the county and eligible municipal governments within the county in which the tax was collected and which fund is subject to the service charge imposed in chapter 215. The tax shall be distributed monthly by the department in the same manner provided by s. 336.021(1)(c) and (d). The department shall deduct the administrative costs incurred by it in collecting, administering, enforcing, and distributing back to the counties the tax, which administrative costs may not exceed 2 percent of collections authorized by this section. The total administrative costs shall be prorated among those counties levying the tax according to the following formula, which shall be revised on July 1 of each year: Two-thirds of the amount deducted shall be based on the county's proportional share of the number of dealers who are registered for purposes of chapter 212 on June 30 of the preceding state fiscal year, and one-third of the amount deducted shall be based on the county's share of the total amount of the tax collected during the preceding state fiscal year. The department has the authority to prescribe and publish all forms upon which reports shall be made to it and other forms and records deemed to be necessary for proper administration and collection of the taxes levied by any county and shall promulgate such rules as may be necessary for the enforcement of this section, which rules shall have the full force and effect of law. The provisions of ss. 206.026, 206.027, 206.028, 206.051, 206.052, 206.054, 206.055, 206.06, 206.07, 206.075, 206.08, 206.09, 206.095, 206.10, 206.11, 206.12, 206.13, 206.14, 206.15, 206.16, 206.17, 206.175, 206.18, 206.199, 206.20, 206.204, 206.205, 206.21, 206.215, 206.22, 206.24, 206.27, 206.28, 206.41, 206.416, 206.44, 206.45, 206.48, 206.49, 206.56, 206.59, 206.626, 206.87, 206.872, 206.873, 206.8735, 206.874, 206.8741, 206.94, and 206.945 shall, as far as practicable, be applicable to the levy and collection of taxes imposed pursuant to this section as if fully set out in this section. 2 of 5 Packet Pg. 139 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/STATUTES/index.cfm?App_m 9 q 2 b (b) The provisions of s. 206.43(7) shall apply to the incorrect reporting of the tax levied under this section. (c) The provisions for refund provided in s. 206.625 are not applicable to the tax levied pursuant to paragraph (1)(a) or paragraph (1)(b) by any county. (3) The tax authorized pursuant to paragraph (1)(a) shall be levied using either of the following procedures: (a) The tax may be levied by an ordinance adopted by a majority vote of the governing body or upon approval by referendum. Such ordinance shall be adopted in accordance with the requirements imposed under one of the following circumstances, whichever is applicable: 1. The county may, prior to June 1, establish by interlocat agreement with one or more of the municipalities located therein, representing a majority of the population of the incorporated area within the county, a distribution formula for dividing the entire proceeds of the local option fuel tax among the county government and all eligible municipalities within the county. If no interlocat agreement exists, a new interlocat agreement may be established prior to August 1, 1986, or June 1 of any year thereafter pursuant to this subparagraph. However, any interlocat agreement agreed to under this subparagraph after the initial imposition of the tax, extension of the tax, or change in the tax rate authorized in this section shall under no circumstances materially or adversely affect the rights of holders of outstanding bonds which are backed by taxes authorized by this section, and the amounts distributed to the county government and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of establishment of the new interlocat agreement. 2. If an interlocal agreement has not been executed pursuant to subparagraph 1., the county may, prior to June 10, adopt a resolution of intent to levy the tax allowed in paragraph (1)(a). 3. Notwithstanding subparagraphs 1. and 2., any inland county with a population greater than 500,000 as of July 1, 1996, with an interlocat agreement with one or more of the incorporated areas within the county established pursuant to subparagraph 1. must utilize the population estimates of local governmental units as of April 1 of each year pursuant to s. 186.901, for dividing the proceeds of the local option fuel tax contained in such interlocat agreement. However, any interlocal agreement agreed to under this subparagraph after the initial imposition of the tax, extension of the tax, or change in the tax rate authorized in this section shall under no circumstances materially or adversely affect the rights of holders of outstanding bonds which are backed by taxes authorized by this section, and the amounts distributed to the county government and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of establishment of the new interlocat agreement. (b) If no interlocat agreement or resolution is adopted pursuant to subparagraph (a)1. or subparagraph (a)2., municipalities representing more than 50 percent of the county population may, prior to June 20, adopt uniform resolutions approving the local option tax, establishing the duration of the levy and the rate authorized in paragraph (1)(a), and setting the date for a countywide referendum on whether to levy the tax. A referendum shall be held in accordance with the provisions of such resolution and applicable state law, provided that the county shall bear the costs thereof. The tax shall be levied and collected countywide on January 1 following 30 days after voter approval. (4)(a) If the tax authorized pursuant to paragraph (1)(a) is levied under the circumstances of subparagraph (3)(a)2. or paragraph (3)(b), the proceeds of the tax shall be distributed among the county government and eligible municipalities based on the transportation expenditures of each for the immediately preceding 5 fiscal years, as a proportion of the total of such expenditures for the county and 3 of 5 Packet Pg. 140 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/STATUTES/index.cfm?App_m 9 q 2 b all municipalities within the county. After the initial levy of a tax being distributed pursuant to the provisions of this paragraph, the proportions shall be recalculated every 10 years based on the transportation expenditures of the immediately preceding 5 years. However, such recalculation shall under no circumstances materially or adversely affect the rights of holders of bonds outstanding on July 1, 1986, which are backed by taxes authorized in paragraph (1)(a), and the amounts distributed to the county government and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of the recalculation. (b) Any newly incorporated municipality which is eligible for participation in the distribution of moneys under parts II and VI of chapter 218 and which is located in a county levying the tax pursuant to paragraph (1)(a) or paragraph (1)(b) is entitled to receive a share of the tax revenues. Distribution of such revenues to a newly incorporated municipality shall begin in the first full fiscal year following incorporation. The distribution to a newly incorporated municipality shalt be: 1. Equal to the county's per lane mile expenditure in the previous year times the lane miles within the jurisdiction or responsibility of the municipality, in which case the county's share shall be reduced proportionately; or 2. Determined by the local act incorporating the municipality. Such distribution shall under no circumstances materially or adversely affect the rights of holders of outstanding bonds which are backed by taxes authorized in this section, and the amounts distributed to the county government and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principal and interest as required under the covenants of any bond resolution outstanding on the date of the redistribution. (5)(a) By October 1 of each year, the county shall notify the Department of Revenue of the rate of the taxes levied pursuant to paragraphs (1)(a) and (b), and of its decision to rescind or change the rate of a tax, if applicable, and shalt provide the department with a certified copy of the interlocal agreement established under subparagraph (1)(b)2. or subparagraph (3)(a)1. with distribution proportions established by such agreement or pursuant to subsection (4), if applicable. A decision to rescind a tax may not take effect on any date other than December 31 and requires a minimum of 60 days' notice to the Department of Revenue of such decision. (b) Any dispute as to the determination by the county of distribution proportions shall be resolved through an appeal to the Administration Commission in accordance with procedures developed by the commission. Pending final disposition of such proceeding, the tax shall be collected pursuant to this section, and such funds shall be held in escrow by the clerk of the circuit court of the county until final disposition. (6) Only those municipalities and counties eligible for participation in the distribution of moneys under parts II and VI of chapter 218 are eligible to receive moneys under this section. Any funds otherwise undistributed because of ineligibility shall be distributed to eligible governments within the county in proportion to other moneys distributed pursuant to this section. (7) For the purposes of this section, "transportation expenditures" means expenditures by the local government from local or state shared revenue sources, excluding expenditures of bond proceeds, for the following programs: (a) Public transportation operations and maintenance. (b) Roadway and right-of-way maintenance and equipment and structures used primarily for the storage and maintenance of such equipment. 4of5 Packet Pg. 141 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/STATUTES/index.cfm?App_m g q 2 b (c) Roadway and right-of-way drainage. (d) Street lighting installation, operation, maintenance, and repair. (e) Traffic signs, traffic engineering, signalization, and pavement markings, installation, operation, maintenance, and repair. (f) Bridge maintenance and operation. (g) Debt service and current expenditures for transportation capital projects in the foregoing program areas, including construction or reconstruction of roads and sidewalks. (8) In addition to the uses specified in subsection (7), the governing body of a county with a population of 50,000 or less on April 1, 1992, or the governing body of a municipality within such a county may use the proceeds of the tax levied pursuant to paragraph (1 )(a) in any fiscal year to fund infrastructure projects, if such projects are consistent with the local government's approved comprehensive plan or, if the approval or denial of the plan has not become final, consistent with the plan last submitted to the state land planning agency. In addition, no more than an amount equal to the proceeds from 4 cents per gallon of the tax imposed pursuant to paragraph (1)(a) may be used by such county for the express and limited purpose of paying for a court -ordered refund of special assessments. Except as provided in subsection (7), such funds shall not be used for the operational expenses of any infrastructure. Such funds may be used for infrastructure projects under this subsection only after the local government, prior to the fiscal year in which the funds are proposed to be used, or if pledged for bonded indebtedness, prior to the fiscal year in which the bonds wilt be issued, has held a duly noticed public hearing on the proposed use of the funds and has adopted a resolution certifying that the local government has met all of the transportation needs identified in its approved comprehensive plan or, if the approval or denial of the plan has not become final, consistent with the plan last submitted to the state land planning agency. The proceeds shall not be pledged for bonded indebtedness for a period exceeding 10 years, except that, for the express and limited purpose of using such proceeds in any fiscal year to pay a court -ordered refund of special assessments, the proceeds may be pledged for bonded indebtedness not exceeding 15 years. For the purposes of this subsection, "infrastructure" has the same meaning as provided in s. 212.055. (9) Notwithstanding any other provision of this section, the tax on diesel fuel authorized in this section shall be levied in every county at the rate of 6 cents per net gallon. History.-s. 55, ch. 83-3; s. 6, ch. 83-138; s. 8, ch. 83-339; s. 1, ch. 84-369; s. 17, ch. 85-81; s. 33, ch. 85-180; s. 123, ch. 85-342; s. 43, ch. 86-152; s. 29, ch. 86-243; s. 71, ch. 87.99; s. 2, ch. 90-351; s. 9, ch. 92-184; s. 280, ch. 92-279; s. 4, ch. 92-309; s. 55, ch. 92-326; s. 33, ch. 93-164; s. 40, ch. 93-206; s. 8, ch. 94-146; s. 53, ch. 94-237; s. 960, ch. 95-148; s. 40, ch. 95-257; s. 1, ch. 95.343; ss. 118, 119, ch. 95-417; ss. 25, 68, ch. 96-323; ss. 18, 19, ch. 96-397; ss. 17, 18, ch. 97-54; s. 9, ch. 2000-266; s. 35, ch. 2001-201; s. 48, ch. 2002-218; s. 3, ch. 2003.86; s. 24, ch. 2003-254; s. 28, ch. 2007-196; s. 28, ch. 2012-174. Copyright © 1995-2015 The Florida Legislature • Privacy Statement • Contact Us 5 of 5 1 Packet Pg. 1 2 ITEM NO. RES-2015-91 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SIIRIFCT- BACKGROUND: Jeffrey Johnson, Senior Planner Planning Division DATE: 06/02/2015 *PUBLIC HEARINGS\PLANNING & DEVELOPMENT SERVICES QUASI-JUDICIAL Sunset Beach PUD - Major Adjustment to Preliminary Planned Unit Development (PUD) Site Plan CL-RP Hutchinson, LLC is requesting a Major Adjustment to the Sunset Beach Preliminary Planned Unit Development (PUD) Site Plan that was approved by the Board through Resolution 09-026 consisting of 44 single family residential lots on 29.15 acres. A major site plan adjustment is required as per Land Development Code (LDC) Section 11.02.05(E) due to the re -location of the common recreational amenity that exceeds a distance of 100 feet. The subject property is located on South Hutchinson Island, on the east side of South Ocean Drive, approximately 1,700 feet north of the Middle Cove Beach access and lies within the Hutchinson Island Overlay Zoning District which restricts the building height to a maximum of 35 feet. The underlying zoning district is HIRD, Hutchinson Island Residential District which is consistent with the RU, Residential Urban (5 du/acre) and RC, Residential Conservation (1 du/5 acres) future land use. Water service is to be provided by Fort Pierce Utilities Authority and sewer service will be provided by St. Lucie County Utilities. The proposed changes to the site plan include: An increase in the size of land to be developed from 29.15 acres to 34.22 acres due to the change in location of the mean high water line. The reduction of one (1) single family residential lot. The re -location of the access road to directly cross the water body known as Joe's Pond in order to reduce previous approved wetland impacts. The re -location of the common recreational amenity towards the center of the project. The proposed site plan adjustment results in a project with fewer wetland impacts, one less single family residential lot, and a common recreation amenity that is closer in proximity to the residents. GENERAL INFORMATION Packet Pg. 143 Applicant/Property Owner: Agent for the Applicant: Location: Size of Development: Tax Identification Number: Current Zoning: Future Land Uses: Wetlands: Utilities: Urban Services Boundary: Drainage District: Adjacent Land Use/Zoning/Uses: CL-RP Hutchinson, LLC Ladyko Design Group, LLC - Richard Ladyko, PE On South Hutchinson Island, on the east side of South Ocean Drive, approximately 1,700 feet north of the Middle Cove Beach access 34.22 acres 2529-233-0002-000-0 HIRD, Hutchinson Island Residential District RU, Residential Urban - 5 dwelling units per acre RC, Residential Conservation - 1 dwelling unit per 5 acres 13 acres St. Lucie County Water and Wastewater Inside South Florida Water Management District (SFWMD) Department of Environmental Protection (DEP) Direction Future Land Use Zoning Existing Use(s) North RU, Residential Urban - 5 du/acre HIRD, Hutchinson Island Residential District Vacant South RU, Residential Urban - 5 du/acre HIRD, Hutchinson Island Residential District Vacant East N/A N/A Atlantic Ocean West N/A N/A Indian River LAND DEVELOPMENT CODE STANDARDS OF REVIEW FOR SITE PLANS Land Development Code (LDC) Section 11.02.07 establishes the standards of review for site plans. Site plan approval shall be granted only if the applicant demonstrates compliance with the following criteria. The Board of County Commissioners may adopt conditions, limitations and safeguards as deemed necessary to mitigate any impacts the proposed development may have on adjacent uses and to ensure compatibility with the surrounding area. A. Consistency with Local Ordinances and Comprehensive Plan. Updated: 5/21/2015 4:01 PM by Jeffrey Johnson Page 2 Packet Pg. 144 The site plan adjustment complies with LDC Section 7.01.03 - Standards and Requirements for a Planned Unit Developments. The removal of one single family residential lot and the change in location of the mean high water line results in a reduction of the overall density from 1.51 dwelling units per acre to 1.26 dwelling units per acre. Direct impacts to Category 1 wetlands have been eliminated, and the amount of wetland buffer impacts have been decreased from 1.2 acres to 0.49 acres B. Effect on Nearby Properties. The proposed site plan modifications should have no negative impacts to adjacent properties to the north and south. C. Adequacy of Public Facilities, Including Fire Protection and Schools The proposed site plan adjustment has no increased impacts on water/sewer, traffic, fire protection, and schools. D. Environmental Impact. Environmental Resources Department Final Report on the subject application includes the following information and analysis: The project contains 13.0 acres of jurisdictional mangrove wetlands. An Environmental Resource Permit (EI-56-0264272-001) has been issued by the Florida Department of Environmental Protection (FDEP). Per Comprehensive Plan Policy 6.1.14.5, this wetland is considered a Category I and requires a waiver from the Board of County Commissioners for any direct impacts to the wetland or required minimum 50-foot upland buffer. The previously approved site plan permitted 0.67-acres of direct wetland impacts and 1.2-acres of upland buffer impacts. The proposed site plan eliminates all direct wetland impacts, however 0.49-acres of the required 2.08-acre upland buffer will be impacted. This results in a reduction of 0.71-acres of upland buffer impacts. In order to mitigate this impact the applicant has proposed to reconnect the existing wetland impoundment to the Indian River Lagoon via flushing culverts under S.R. A-1-A which result in improved water quality and overall health of the wetland system and has purchased 1 credit of mitigation from the Bear Point Mitigation Bank. The entire wetland and remaining associated buffer will be placed under a conservation easement and preserved, restored, and maintained in perpetuity per the approved Preserve Area Monitoring and Management Plan. No evidence of listed species were observed. A Sea Turtle Protection Plan has been reviewed and approved by the ERD. The beach community comprises approximately 7.74 acres of the project. The dune preservation zone has been delineated and will be placed under a conservation easement. A dune restoration plan has been reviewed and approved by the ERD and will enhance the beach/dune area by removing invasive exotic vegetation and re -vegetating the dune with native species. No intact native upland habitat outside of the dune preservation zone is present. Vegetative cover Updated: 5/21/2015 4:01 PM by Jeffrey Johnson Page 3 Packet Pg. 145 is dominated by Australian pine. All invasive exotic vegetation is required to be removed within 90 days of site plan approval. Conditions of Approval 1. Within 90 days of Final PUD site plan approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required executed Conservation Easement, approved Preserve Area Monitoring and Management Plan (PAMMP) with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney for review and approval [Comprehensive Plan 9.1.4.4]. The applicant shall also provide a GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. A copy of a standard Conservation Easement can be found on the St. Lucie County Environmental Resources Department website at: <http://www.stlucieco.gov/pdfs/Conservation Easement Form.pdf>. 2. The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 3. Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, their successor or assigns, shall conduct a pre -construction meeting with construction personnel and Environmental Resources Department staff, to verify vegetation protection measures have been installed. 4. Within 90 days of Final PUD site plan approval all invasive exotic vegetation shall be removed (Land Development Code Section 7.09.05). 5. All other applicable state or federal permits including but not limited to Florida Department of Environmental Protection Coastal Construction Line permits must be obtained before commencement of the development. June 2, 2009 The Board of County Commissioners granted Preliminary PUD Site Plan approval through Resolution 09-026 for a project consisting of 44 single family residential lots known as Sunset Beach PUD. January 26, 2010 The Growth Management Director through GM Order 10-006 authorized a site plan extension in accordance with Florida Statutes Community Renewal Act which expired on June 2, 2013. February 24, 2014 The Planning and Development Services Director through PDS Order 14-004 granted a site plan extension which expires June 2, 2015. FINANCIAL IMPACT: updated: 5/21/2015 4:01 PM by Jeffrey Johnson Page 4 Packet Pg. 146 N/A RECOMMENDATION: Staff recommends adoption of a Resolution granting approval for a Major Adjustment to Preliminary Planned Unit Development (PUD) Site Plan for the project known as Sunset Beach PUD. COMMISSION ACTION: Coordination/Signatures L e Aon, Plan 11 ng Manager 5/21/2015 kaniiiey�lS. McIntyrMe,orney 5/22/2015 updated: 5/21/2015 4:01 PM by Jeffrey Johnson Page 5 Packet Pg. 147 9.B.a RESOLUTION 2015-XXX File Number: SPMJ 920144814 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR MAJOR ADJUSTMENT TO PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) SITE PLAN KNOWN AS SUNSET BEACH PUD IN ST. LUCIE COUNTY. 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. CL-RP, Hutchinson LLC presented a petition for a Major Adjustment to Preliminary Planned Unit Development (PUD) Site Plan known as Sunset Beach PUD located on the east side of South Ocean Drive, approximately 1,700 feet north of the Middle Cove beach access in the HIRD (Hutchinson Island Residential District) Zoning District, as depicted on the attached map as Exhibit "A" and described in Part "A" below. The Major Site Plan Adjustment results in an increase of land from 29.15 acres to 34.22 acres due to changes in the mean high water line, the reduction of one (1) single family residential lot, the re -location of the common recreation amenity towards the center of the development, and the re -location of the main access road to eliminate direct wetland impacts and reduce wetland buffer impacts. 2. On June 2, 2009, the St. Lucie County Board of County Commissioners through Resolution No. 09-026 granted Preliminary PUD Site Plan approval for a single family residential development consisting of 44 lots. Through this Resolution, the Board approved a Waiver from the provisions of the St. Lucie County Comprehensive Plan (Policies 8.1.14.2 and 8.1.14.15) for the alteration of wetlands and impacts to wetland buffers 3. On January 26, 2010, the Planning and Development Services Director in accordance with Florida Statutes Community Renewal Act authorized a site plan extension which expired on June 2, 2014. 4. On February 24, 2014, the Planning and Development Services Director in accordance with Ordinance No. 2013-43 authorized a site plan extension with an expiration date of June 2, 2015. 5. The St. Lucie County Development Review Committee has reviewed the petition for a Major Adjustment to Preliminary PUD Site Plan for the project and found it to meet all technical requirements and to be consistent with the Future June 2, 2015 File No.: SPMJ 920144814 Page 1 Resolution No. 2015-XXX Packet Pg. 148 9.B.a Land Use Map of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part B of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St Lucie County, Florida: k71-111y/ 4 N 1. The Waiver approved through Resolution No. 09-026 is amended to allow for development of 43 single family residential lots. The 0.67 acres of direct wetland impacts that were previous approved have been eliminated, and the wetland buffer impacts have been reduced from 1.2 acres to 0.49 acres. No direct wetland impacts are permitted. 2. The amended Waiver is for the property described in Part "B", and shall not be valid for a period longer than the approval granted in Part "C". 3. The amended Waiver granted under this Resolution is to enable development of the site as depicted on the site plan drawings prepared by Ladyko Design Group, LLC, dated April 17, 2015 and date stamped received by the Planning and Development Services Department, Planning Division on , 2015. Any increase in the amount of direct wetland or wetland buffer impacts must be approved by the Board of County Commissioners or said Waiver is null and void. SITE PLAN A. Pursuant to Land Development Code, Section 11.02.05, the Major Adjustment to Preliminary PUD Site Plan known as Sunset Beach PUD is hereby approved as shown on the site plan drawings for the project prepared by Ladyko Design Group, LLC, dated April 17, 2015 and date stamped received by the Planning and Development Services Department, Planning Division on 2015 subject to the following conditions- 1. All previous conditions of approval applicable to the subject property, as contained in Resolution No. 09-026 and amended through GM Order 10- 006 and PDS Order 14-004 have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines previously established by LDC, Chapter 11 and the Board of County Commissioners, unless expressly modified herein. ENVIRONMENTAL RESOURCES DEPARTMENT 2. Condition A.2. of PDS Order 14-004 is hereby amended to read. June 2, 2015 Resolution No. 2015-XXX File No.: SPMJ 920144814 Page 2 Packet Pg. 149 9.B.a A. The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal laws. B. All other applicable state or federal permits including but not limited to Florida Department of Environmental Protection Coastal Construction Line permits must be obtained before commencement of the development. C. 9-. Prior to the issuance of a Vegetation Removal Permit or Exemption, the applicant shall revise the Sea Turtle Protection Plan as follows: a. Include the name of the general contractor. b. Include construction schedule. Qd. IRG de a refereR `e r gardiRg GE)MpliaRGe with -all standar set fe th in 04 02 of the QI G I fll- e.IRG Ide a required GRsito mooting and lighting iRspeGtign with ERD cuff. D. E—. Prior to the issuance of a Vegetation Removal Permit or Exemption, the applicant shall revise the HOA/Covenants Conditions and Restrictions documents to include references to the PAMMP, Dune Restoration, and Conservation easement documents. June 2, 2015 File No.: SPMJ 920144814 Page 3 Resolution No. 2015-XXX O L6 T" O N U) W W Packet Pg. 150 9.B.a - ■ - • _ ■ _ r Within 90 days of Final PUD Site Plan approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required executed Conservation Easement, approved Preserve Area Monitoring and Management Plan (PAMMP) with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney for review and approval [Comprehensive Plan 9.1.4.41. The applicant shall also provide a GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. A copy of a standard Conservation Easement can be found on the St. Lucie County Environmental Resources Department website at: http://www.stlucieco.gov/pdfs/Conservation Easement Form.pdf. -_ . �,. •.„- Sol` r r r ► _ r r r _. MI. ��■ . .. I _ ■Mffl-i June 2, 2015 File No.: SPMJ 920144814 Page 4 Resolution No. 2015-XXX m T a� LO 0 N U) W C O 3 O w O U U O m fC m O� C O E t V R Q Packet Pg. 151 9.B.a � aff- ■ �� ��59iim-M A a 3. Condition A.3. of PDS Order 14-004, is hereby amended to read. Within Ninety (90) days of Final PUD Site Plan approval, the developer, successor or assignee shall provide proof of an escrow account or account held in reserve acceptable to the County Attorney, for the cost of total dune reconstruction and perpetual dune maintenance per the approved Preserve Area Management Plan. 4. Prior to issuance of a Veaetation Removal Permit or Exemation, the developers, their successor or assigns, shall conduct a pre -construction meeting with construction personnel and Environmental Resources Department staff, to verify vegetation protection measures have been installed. 5. Within 90 days of Final PUD Site Plan approval all invasive exotic vegetation shall be removed (Land Development Code Section 7.09.05). GROWTH M NinNGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DEPARTMENT, PLANNING DIVISION 6. Condition A.4. of PDS Order 14-004, remains. Prior to expiration of this Preliminary PUD Development Order approval, the developer, successor or assignee shall submit an application for Final PUD Site Plan approval which shall meet the requirements of Section 11.02.05.B; and shall meet the criteria for substantial conformity with this Preliminary PUD Site Plan. 7. Condition A.5.of PDS Order 14-004, remains. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be revised to provide vehicular access to the abutting property to the south; and the developers, their successors or assigns shall enter into a cross -access agreement to provide ingress and egress to the property to the south. 8. Condition A.6. of PDS Order 14-004, remains. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be revised to provide pedestrian, cyclist and vehicular access to the property to the west of South Ocean Drive (So. A-1-A), commonly known as Vitolo Family Park. The developers, their successors or assigns shall June 2, 2015 File No.: SPMJ 920144814 Page 5 Resolution No. 2015-XXX Packet Pg. 152 9.B.a provide an improved, landscaped entry -way for use by the general public to access the park and connect to the Greenways and Trails system. 9. Condition A.7. of PDS Order 14-004, has been satisfied. 1 _ r M. 10. Condition A.B. of PDS Order 14-004, remains. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be revised to illustrate the required fencing and protection along the dune restoration area in accordance with the FDEP Permit Number SL- 233 Final Order Condition 12.3 on page 6 which requires said sign, rope and bollard barriers, or sand fencing to prevent trampling of vegetation and erosion of the dune feature. 11. Condition A.9. of PDS Order 14-004, remains. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be revised to provide best practices of "green development" including but not limited to a cistern system for the collection of rain water for reuse in landscape irrigation; architectural illustrations of the pool and cabana depicting innovative building practices; and the utilization of LEED technology to the greatest extent possible. 12. Condition A.10. of PDS Order 14-004, remains. Prior to issuance of a construction permit for this project, the developers, their successors or assigns, shall have entered into an enforceable utility service agreement with St. Lucie County Utilities to ensure the provision of sewer services. This agreement shall be in a form consistent with St. Lucie County Utility District regulations regarding utility service extensions and service provisions. 13. Condition A.11. of PDS Order 14-004, remains. Prior to issuance of a construction permit for this project, the developers, their successors or assigns, shall have entered into an enforceable utility service agreement with Fort Pierce Utilities Authority to ensure the June 2, 2015 File No.: SPMJ 920144814 Page 6 Resolution No. 2015-XXX Packet Pg. 153 9.B.a provision of water services. This agreement shall be in a form consistent with Fort Pierce Utilities Authority regulations regarding utility service extensions and service provisions. 14. Condition A.12. of PDS Order 14-004, remains. Prior to the Final Plat approval and issuance of building permits for the project, the developer, his successors or assigns, shall submit a County Stormwater application and pay the applicable fees. 15. Condition A.13. of PDS Order 14-004, remains. Prior to the Final Plat approval and issuance of building permits for the project, the developer, his successors or assigns, shall provide proof of receipt of the required South Florida Water Management District Environmental Resource permit. COUNTY ATTORNEY'S OFFICE 16. Condition A.14. of PDS Order 14-004, remains. Prior to Final PUD Site Plan approval the following notations shall be made on the Final Site Plan: a. Sheet L-15 - Irrigation Plan - The street name Joe's Point should read Joe's Pond; b. Sheets 8, 9, 10, 15 - State Road Al A is missing its right-of-way; and C. Environmental Resources Department has made a Conservation Easement a requirement for the Dune Preservation Zone, and Wetland Preserve Areas. On all Site Plan sheets pertaining to the Conservation area, please delineate the Conservation Easement and Preservation & Wetland Areas. 17. Condition A. 15. of PDS Order 14-004, remains. Prior to recordation of the Final plat, all property included in the legal description of the petition shall be subject to a Declaration of Restrictions and Covenants acceptable to the County Attorney's office which shall include the following: a. Formation of a single "master" property owner's association, automatic voting membership in the master association by any party holding title to any portion of the subject property, and assessment of all members of the master association for the cost of maintaining all common areas; June 2, 2015 File No.: SPMJ 920144814 Page 7 Resolution No. 2015-XXX Packet Pg. 154 9.B.a b. All recreation parcels shall be deed restricted to recreation for the use of the residents of the development. At the time of turnover of the POA/HOA, the recreation parcel shall be turned over to the association at no cost to the residents; and, C. The property shall not be subject to the Declaration of Restrictions in phases. Approval of the Declaration must be obtained from the County Attorney's office prior to the recordation of the Final plat for any portion of the planned development; and, d. All sales brochures, sales contracts, and POA/HOA documents shall contain written disclosures of the current CBRA designation at the time of the sale for insurance purposes. MOSQUITO CONTROL 18. Condition A.16. OF PDS Order 14-004, remains. After the completion of construction of this project, the developers, their successors or assigns, or designated HOA/POA shall be responsible for the perpetual maintenance of the mosquito control culverts. The flushing culverts must be maintained in functional order at all times, and undergo maintenance immediately after all catastrophic events to remove debris and sand that accrue to block water exchange after these events. SLC Mosquito Control Department and SLC Public Works will make periodic inspections of these facilities to ensure compliance with this condition. B. The property on which the Major Adjustment to Preliminary PUD Site Plan is being granted is shown on a map in Exhibit "A" and described as follows: GOVERNMENT LOT 2, LESS THE NORTH 938.84 FEET AND LESS THE RIGHT- OF-WAY FOR STATE ROAD A-1-A; AND GOVERNMENT LOT 3, LESS THE RIGHT-OF-WAY FOR STATE ROAD A-1-A, SECTION 29, TOWNSHIP 35S, RANGE 41 E, ST. LUCIE COUNTY, FLORIDA. Parcel Identification Number: 2529-233-0002-000-0 C. The approvals and authorizations granted by this Resolution shall now expire on June 2, 2017 unless a Final PUD Site Plan approval is granted or a site plan extension is granted in accordance with Section 11.02.06(B)(2), St. Lucie County Land Development Code. D. The property owner, including any successors in interest, shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, June 2, 2015 File No.: SPMJ 920144814 Page 8 Resolution No. 2015-XXX Packet Pg. 155 9.B.a and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part A. Issuance of this permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. The conditions set forth in Part A are an integral non -severable part of the site plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. A recorded copy of this Resolution shall be attached to the site plan drawings described in Part B, which plan shall be placed on file with the St. Lucie County Planning & Development Services Department Director. G. ADOPTION After motion and second, the vote on this resolution was as follows: Paula A. Lewis, Chair XXX Kim Johnson, Vice Chair XXX Frannie Hutchinson, Commissioner XXX Chris Dzadovsky, Commissioner XXX Tod Mowery, Commissioner XXX PASSED AND DULY ADOPTED this 2nd day of June, 2015. June 2, 2015 File No.: SPMJ 920144814 Page 9 Resolution No. 2015-XXX Packet Pg. 156 9.B.a BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY June 2, 2015 Resolution No. 2015-XXX File No.: SPMJ 920144814 Page 10 a� LO r O N W d' Packet Pg. 157 9.B.a I :1 UH-- Ill d LOCATION MAP Sunset Beach nN SPMJ-920144814 N a, y . Subject Property w �a. Atlantic 3 d� Ocean L Pd m O FPL` Powe�PlOr�i June 2, 2015 File No.: SPMJ 920144814 Page 11 Resolution No. 2015-XXX LO 0 N U) W w Packet Pg. 158 9.B.b N 40' r REAR LOT LINE 20' r COASTAL CONSTRUCTION I CONTROL ---- --- - LINE (1978) ---------------- 25' REAR SETBACK 30 30 MINIMUM MINIMUM BUILDING BUILDING ENVELOPE ENVELOPE 1,650 S.F. 1,650 S.F. 5' 5' 5' ,_-10' FRONT SETBACK r 5' SIDEWALK TYPICAL LOT DETAIL SIDE SETBACK PROPOSED BUILDING SETBACKS & LOT REQUIREMENTS Proposed Minimum Lot Width 40' Minimum Lot Size 5,000 s.f. Minimum Road Frontage 40' Max. Building Height 35' Setbacks Front 10' Side 5'* Rear 45' * Notes: 1. All Buildings shall be Fire Sprinkled 2. The above setbacks are applicable for all structures, including accesssory structures (pools, decks, screen enclosures) � �a`fl• 11 GOVT LOT 2 11 THE ATLANTIC VACANT '\ S.L.CO. PROJECT PUD_RZ 3200104041 ' UNDER REVIEW t 11 \ �0. PROPOSED ST. WOE COUNTY // F.D.O.T. CULVERTS 1 TO IMPROVE IMPOUNDMENT 1 OLD CCCL II = `\ 1- 24" R.C.P. W/ MITERED ENDS 11 11 (P.B. 16, PG. 32) Z t (RECORDED MARCH 20, 1978) �j NORTH P 1 ' Al N89'52'24"E 1043.43' 1 REQUIRED uP ILNU BUFFER 1 1%� \� 131.74 .6 1 \VO1t 289'52'24"E" \} 589.99 NEW CCCL tl y`^I 11 1 1 r , 4� 11 VV ro. ^81.2' �`\ (P.B. 28, PG. 2'6) 1t'tl �� l �' o 1\ (RECORDED1111 11 1ii1111\ u'3 I o SEPTEMBER 15, 1988) \ 1 I \ \ t t11 11, w.o VACANT t1 11 lt1„11 O SECTION 30 z - - - -- __ PROPOSED ENHANCED MANGROVE 1-1 _'., t ' c 1 t\\ 1 Il 1i11+1i1 ^ m WETLAND SWAMP -�-11 \I t ' 1 1 1 `\ \,\I \ '\111'� C,I Tay o t - rCH yam- �- 1 1 ► 1 1\ t \ \ 1 1 1111 \ 1 b cn �'ooa '�1 + D ._ ; y�-_--- `��JURISDICTiONAL LINE / _!K� L4S FL�\ED IN APRIL 205 \\\ \ O i / MO / /rrl / ` \ 5O\FT• REQUIRED FRi O 1 1 \ \ 1 1 \i 11111 D e e \\\ \ YipC�_ ;; \\ a LINE\e 1L ��it^1 \ 1 111 I \\11 MHWL 1 a / F \ { 0 1 1 It \\ EL=0.52' (NAND 1988) z / \ \ 1\ 1 it \ EX�$T G 1\\t LOCATED AUGUST 2014 Er it Ln m / SHORELINE SCALED �� \• `\\ �\ \ Il �T'1 1 1 1 VEGETA N 1,, �1 P4 FROM 2005 DIGIrAL \ / AERIAL 0'10' 8 It Z ou CC \ 1 11 L�y m 75.73' CVn \ \ ; ) 9� Q \ { 34 1 1 \ •1 \ 1 11 ,11 tJ� to 3 f i I •mod \ 0 6 GUEST SPACES {' 32 \ �a 1 , 1 \ DUNE CROSSOVER POOL DECK AND 400 S.F. RESTROOMS \NOTE,\11j11 DUNE MEAN HIGH WATER FOLLOVIIS THE ,r y! \ w \ \ I' 11 4` \ \ \ \ 1 SHORELINE INTO THE MOSQUITO DITCHES 3 GUEST SPACES 1 PRESERVATION , t 1� , 111\ ZONE / \ THE MHW LINE SHOWN ACROSS THE 'CUT \ \ \ \ 1 1 1111 \ � / ! IS FOR CALCULATION PURPOSES AS IF THE SHORELINE WERE 'NATURAL'. \ \ 1 1 1 1 1 111 rY CdJSTRUCT LEFT TURN LANE O \ i N �y �• CONCRETE HEADWALL W/42' CONC. i PER F.D.O.% STANDARDS X Ajr, / �? + CULVERT PIPE INW-2.02' (0.52') DECORATIVE POOL FENCE DETAIL STATE LANDS NOTES: THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF SURVEYING AND MAPPING, HAS INDICATED THAT ANY OF THE LANDS THAT WERE FILLED WITHIN THAT AREA KNOWN AS MIDDLE COVE OR THE INDIAN RIVER TO FACILITATE THE STATE ROAD DEPARTMENT IN BUILDING THE STATE ROAD A-1-A, IS STILL STATE OWNED LANDS. THIS AREA IS SHOWN ON THE SURVEY BY CROSS HATCHING AND IS LYING BETWEEN THE MIDDLE COVE AND STATE ROAD A-1-A RIGHT OF WAY AND ALSO BETWEEN THE STATE ROAD RIGHT OF WAY AND THE INDIAN RIVER OR MIDDLE COVE WEST OF STATE ROAD A-1-A. 'S ?R / PROJECT SIGN 5fD W/ TOP MOUNTED \ \ 1 1 1 1 1 ti LIGHTING. 32 �a\ --- S.F. MAX) 1 ; 1 , �\ 1 { 1 1\ 1 1 1 o11\, SEASONAL HIGH WATER LINE (SHWL) DRY MODELS �� ; \ ^ \` 1 1 1 ► 11 \\I 1 EL=5.335' (NAVD 1988) LOTS 28-31 /, t-'� \ \ tl 1 1 1 111 • `\ � -Q,� , / z t � �� \ t 1 1 1 1 1 � 11 1 LOCATED AUGUST 2014 CONCRETE HEADWALL W/42' CONC. / , , t CULVERT PiPE. INI�-1.9Y (0.47) �\ // \ \`,�/��\\\ SHORELINE SCALED FROM 2005 DIGITAL �• , , AERIAL 5HORF1INE FIELD SURVEYED 5/9/05 1 >�• \�( %' r'f/ \V ii�' \t\ s \\1 ( PROPOSED FISHING PIER �Q + AND DOCK NEW 0CCL (P.B. 26, PG. 26) Q - I (RECORDED ,, SEPTEi�BER 15,E 1988)11 1t11\1 Z 1 /\ „� \ \ 1 1 1\ 1, , ,t \ i i j { `' Q1 \ 1 1 \ '\ 1 \I 11t 111 jNON. MEAN HIGH WATER LINE } i I `` \ 1 1 \ 1 11 J / EL - Y N�.aY.D. 29 \ \\ +, \ ' ' I 1 �'' ^I 1 1 1 1 t 1 11 '1111t 1 �y' 2 � � � 1 �, � � �� \ 1 , 1 \ \ 1 1 o;tr, 0.0 ELEVATION LINE 19 \Va ' \ I 1 \ ' 11 \it�11 1 N.A.V.D. 1988 O/ Q s9 gy�� \ 1 �l _ 1\y� \\ 11 \\ 1 \ 1 'Exr1 VEGETA GN '11�1111 8' WIDE CONCRETE r - { 18 1 1 , 11 1 4_0� 1 1\ 1\\11\ \1 SIDEWALK PER SECTION 071- PER SIxT10N 7.08.04 \ `'0000 ST. LUCIE 00. L.D.0 / 1' �� \ \ \ \ \ \ t 1 111 1 17 / \ 1 � 1 PROPOSED ST. WOE COUNTY / F.D.O.T. CULVERTS TO IMPROVE IMPOUNDMENT 1- 24' R.C.P. W/ MITERED ENDS G B\ \ m m \vi i t \ 1 ,1 PROP9SED\ENHANCED MANGROVE 1 �� ,,y 11�1 11 ► t '1 ��1 1��1`1 WE.TILAND,.. SWAM.p DUNE PRESERVATON \ 1 1 Jp 1 ZONE oT �` 1 \\ 1�� ^ \1 1 1 \ \I1 , i---`------------ ` 1V-� �' \ 1 \ ' 11 '11111 �. UPLAND BUFFER CALCULATIONS w`�., ` '' {�"- -- a�,. \ 1 ++ t © ��\ IN ACCORDANCE WITH ST. LUCIE COUNTY LAND DEVELOPMENT REGULATIONS, A \\ 1 \ \ 1 ��\ \ \ t 1 1 11tt1 MINIMUM OF 50 FT LANDWARD FROM THE EDGE OF WETLAND SHALL BE PRESERVED AS A REQUIRED UPLAND BUFFER. \ i 50 FT. REQUIRED UPLAND BUFFER ,..LINE REQUIRED UPLAND BUFFER NORTH POLYGON 25,236 S.F. SOUTH POLYGON 65,446 S.F. TOTAL UPLAND BUFFER REQUIRED 90,682 S.F. V PROPOSED ENHANCED MANGROVE \\ ` ly ` \l®-'1 1 \ 1111 '1\1�11111 WETLAND SWAMP 05 UPLAND BUFFER PROVIDED ffF9TFFF\ 1 \ \ 11111 NORTH AREA 3,917 S.F. SOUTH AREA 65,303 S.F. $ \ \\ \ \ it \r 1'cT TOTAL UPLAND BUFFER PROVIDED 69,220 S.F. (1.59 AC.) ^� �\ \ I 11 (D�' EXIST�'N 11111 VEOETA 11111 t LINE�1 111111'1 118'f 344.09' 237.13' 1 1 \ 1 1111h N89'48'16"E 462.32' \\\ N89'4816 E R IRED UPLND BUFFER 711.32' 1 OLD CCCL NEW CCCL \� (P B(RECORDED 2) 1\\\ (P.B. 26, PG. 26) 1 \ MARCH 20, 1978) (RECORDED 1 \ SEPTEMBER 15, 1988) 11 UPLAND BUFFER AREA �\ GOVT LOT 4 t \ VACANT 1 -REVISIONS - BY DATE REVISIONS PER ST. LUCIE COUNTY D.R.C. RML 2-05-15 REVISIONS PER ST. LUCIE COUNTY D.R.C. & FIRE DISTRICT RML 4-17-15 FIELD BK./PG. 4400 BELLE GROVE DRIVE FT. PIERCE, FL. 34981 adyko PHONE: 772-530-8261 esign FAX: 772-464-13S3 roup, LLC enginpod225 @aol. com ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION IF28610 BY DATE DESIGNED RML 8-22-14 CALCS. DRAWN RML 8-22-14 DETAILED CHECKED RML APPROVED GENERAL NOTES 1. PROJECT NAME: SUNSET BEACH P.U.D. 2. GROSS PROJECT SIZE: 1.490,535 Sq. Ft., 34.22 Acres 3. PROPOSED USE: 43 Single Family Units 4. FUTURE LAND USE: Residential Urban (RU) 28.79 Acres Residential Conservation (RC) 5.43 Acres 5. ZONING: H.I.R.D. Hutchinson Island Residential District 6. OVERLAY ZONING DISTRICT Overlay Zone B 7. PARCEL IDENTIFICATION NO.: 2529-233-0002-000/0 8. FLOOD ZONE: Th2 e Property lies In Flood 1Zones, VE(9), AE(7), AE(8), AE(9), AE(10), VE(12) AND VE(14). 9. PARCEL BREAKDOWN Acreage Land Use Area West of S.R. A-1-A (RC) 5.43 Residential Urban (RU) Area East of S.R. A-1-A RU 28.79 Residential Conservation Area Subtotal 34.22 Less State Owned (West of A-1-A) 0.93 Less State Owned (East of A-1-A) 0.92 Area Total 32.37 10, UTILITIES Water Service: Fort Pierce Utilities Authority Sewage Treatment: St. Lucie County Utilities Irrigation Reuse: St. Lucie County Utilities 11. STORM DRAINAGE The storm water management system will consist of an on -site dry detention consisting of a combination of exfiltration trench and dry ponds providing water quality and storm attenuation. Discharge will be to the wetland preservation area adjacent to the property with ultimate discharge to the Indian River (Intracoastal Waterway) with appropriate permitting with the Florida Department of Environmental Protection and the A.C.O.E. 12. PROPOSED OWNERSHIP The single family units will be conveyed via fee simple ownership in accordance with a proposed Record Plat. Common areas will be dedicated to the Homeowners Association along with roadways, drainage areas and wetland preservation and primary dune areas. 13. LEGAL DESCRIPTION: Government Lot 2, less the north 938.84 ft. and less the right-of-way for S.R. A-1-A; and Government Lot 3, less the right-of-way for S.R. A-1-A, Section 29, Township 35S, Range 41E, St. Lucie County, Florida. 14. EXISTING PROJECT LAND COVERAGE: The following table summarizes the existing project Acres % of Net Site Beach & Dune Area (1) 10,36 30.27 Jurisdictional Wetlands 9.29 27.15 Upland Areas 7.22 21,10 Middle Cove Basin 5.50 16.07 State Owned Lands 1.85 5.41 347M T�5 (1) Area from OLD (1978) CCCL (Line to MHW Line 15. APPROVED LAND USE BREAKDOWN: JUNE 2009 APPROVAL Per e�� age Acreage Of Si e Building Lots 5.30 18.18 Pavement & Walks 1.70 5.83 Dry Detention 0.50 1.72 Wetlands 12.80 43.91 Beach, Dune, Common Area 8.85 30.36 TOTAL 29.15 100.00 15. PROPOSED LAND USE BREAKDOWN: THIS APPLICATION Acreage PeofSitege Building Lots 5.09 14.87 Pavement & Walks 1.97 5.76 Dry Detention 0.50 1.46 Wetlands 12.80 37.40 Beach, Dune, Common Area 12.01 35.10 State Owned Lands 1.85 5.41 TOTAL 34.22 100.00 16. PARKING PROVIDED: Single -Family Units will have a minimum oftwo garage spaces provided per unit. Two spaces per unit will be provided immediately in front of the garage spaces. Required Parking (43 units x 2 spaces/unit) 86 Spaces Total Required 86 Spaces Total Provided Garaged Parking (43 units x 2 spaces/unit) 86 Spaces Guest Parking 9 Spaces Total Provided 95 Spaces (1 Handicapped) SUNSET BEACH P.U.D MAJOR ADJUSTMENT TO P.U.D. SITE PLAN DATE: 8 22 14 HORIZ. SCALE: 1 "=100' VERT. SCALE: 1 "=100' JOB No. 14-009 SHEET 2 OF 5 Packet Pg. 159 9.B.c N A = 2 1 /4" 2 1 /4' a r I N M I RAFI 50OX FABRIC SECTION A -A WETLAND A W L L LLL A z a w 10' w CONC. RIP -RAP z 0 a CL PLAN VIEW SPREADER SWALE MIN. PAVEMENT EL. BASE 1' MIN. OVERLAP "DRAINFIELD - ROCK" 15" PERFORATED R.C.P. PIPE MIRAFI 140N FILTER MATERIAL OR EQUAL TOP TRENCH EL. IrYt[r]�■�l;l�■�1� f 6 -off NOTE: NO FILTER MATERIAL ON TRENCH BOTTOM EXFILTRATION TRENCH TYPICAL E E 00 GRATES 00 2" 2" 2» I+N�{ �2 1/21 IN T WOES CTIONS ARE CASTC DIMENSION MAX. SIZE R.C.P. A B C D E 2'-0" 3'-1" 2'-4" 3'-0" 11" 18"/24" 3'-0" 4'-6" 3'-4" 4'-4" 1'-5" 24"/42" 00 00 C 2„ 2; r2 1/2" NOTE: {1) FOR MORE INFORMATION SEE D.O.T. 2004 STANDARDS INDEX NO. 232 PLAN 1 1/2„� „ 5 3/4" A 5 3/4" GRATE 1 1/2 II --- GRATE N GENERAL NOTES 31 2 CL. • cn #4 BARS • BEVELED EDGES: ALL EXPOSED CORNERS AND EDGES TO BE CHAMFERED 3/4" j 12" 0. C. FOUNDATION MATERIAL: WHERE MATERIAL UNSATISFACTORY FOR FOUNDATION do 0 IS ENCOUNTERED AT FLOW LINE, OMIT FLOOR AND CARRY WALLS DOWN TO SATISFACTORY FOUNDATION. BACKFILL TO FLOW LINE WITH CLEAN SAND. GRATES: CAST IRON GRATES TO BE U.S.F. NO. 6212 IN ACCORDANCE WITH FLA. D.O.T. SPECS. FOR TRAFFIC BEARING GRATES. z N SEE GENERAL NOTES SECTION TYPE "C" & "E" INLETS N.T.S. 12" CONCRETE CAP 12" CONCRETE CAP 12 GAUGE ALUMINUM OR SEWALL GRADE ELEVATION VARIES VINYL SHEETING t4.5' NAVD ELEVATION VARIES f4.5' NAVD TURF LINE FLuMj 3'-0" _ O _ I 11 VARIES 0 t5/8�-DIA X 10' LG. TIE ROD 0 6'-0" C/C ELEVATION + - -1.0 GROUND ELEVATION FILTER FABRIC 3"X8" ALUMINUM SITRINGERS 8" BUTT PILING X 12' LG. 06'-0" C/C RETAINING WALL TOP BAFFLE CONST. SECTION C.A.F INV ELEV. !I TOP ELEV. AS CONST. HALF SECTION 24" C.A.P. STORM MANHOLE /EXFILTRATION TRENCH DETAIL RIM EL. PER PLAN 22-1 /4" 0 00 0e e eM e e0 0 0 =C5F_R cp e e e e I_ 24" _I 32" U.S.F. #125 RING & COVER N.T.S. *REF U.S.F. #170E 12 GAUGE ALUMINUM OR SEWALL GRADE VINYL SHEETING 43 —1/2" 0 X 2 1/2" L.G. GALVANIZED BOLTS 4 �6 TO 9 5 7/8 0000 0000 0 0 0 0 2" R 24 5/16 31 0000 17 3/4 0000 QOOO 1 1/4 35 3/4 GRATE 4 - 7/8" DIA. ANCHOR HOLES 6 NOTES: 37 9/16 1- MATERIAL: ASTM-A48 CLASS 30B GRAY IRON. 2- FRAME WT. 195 LBS. APP. 7 3/16 3- GRATE WT. 215 LBS. APP. 4- HOOD WT: 125 LBS. APP. 2 �33 7/8� 36 43 U.S FOUNDRY 5130-6168 HOOD & GRATE N.T.S. NOTES 1. FINAL DESIGN OF RETAINING WALL TO BE DETERMINED PRIOR TO CONSTRUCTION. ONLY MATERIALS TO BE USED SHALL BE NO. 12 GAUGE ALUMINUM OR VINYL. FINAL DESIGN SHALL INCLUDE ALL ALL STRUCTURAL CALCULATIONS. ALL FASTENERS SHALL BE STAINLESS STEEL. RETAINING WALL SECTION 10' UTILITY 30' & PEDESTRIAN RIGHT-OF-WAY EASEMENT ' 4' TYP. 4' 12" HEADER 12" HEADER SIDEWALK CURB VALLEY CURB CURB 2% MIN' j 2� % MIN' 12" PAVEMENT SECTION D e on 1 1/20PR BASE A.' a SUBGRADE #4 BARS CONT. NOTE: ALL CURBS TO BE SAWCUT ® 5' INTERVALS. HEADER CURB N.T.S. NOTE: ALL CURBS TO BE SAWCUT ® 5' INTERVALS. VALLEY CURB N.T.S. Pl1:11�� L 1 1/2" TYPE S-3 A.C.S.C. 8"COQUINA BASE (PRIMED) 12" STABILIZED SUBGRADE (LBR 100 (MIN)) COMPACTED TO 98% OF MAX. DENSITY AS PER AASHTO T-180 TENSAR BX-1100, MINIMUM OVERLAP 18" EACH DIRECTION WETLAND AREA BULKHEAD TYPICAL INTERNAL ROADWAY PAVEMENT SECTION — REVISIONS — BY DATE REVISIONS PER ST. LUCIE COUNTY D.R.C. RML 2-05-15 REVISIONS PER ST. LUCIE COUNTY D.R.C. RML 4-16-15 COMPUTER FII F RFF. FIELD BK./PG.I NOTES 1. TOP PORTION OF FTP 25 & 26 SHALL HAVE A REFLECTIVE BLUE BACKGROUND WITH WHITE REFLECTIVE SYMBOL AND BORDER. 2. BOTTOM PORTION SHALL HAVE A REFLECTIVE WHITE BACKGROUNG WITH BLACK OPAQUE LEGEND AND BORDER, 3. FTP 25 & 26 MAY BE FABRICATED ON ONE PANEL OR TWC. 1 1/2" R 4. FTP 25 IS FOR AREAS WHERE SPACE IS LIMITED. v 1 1/2" Rom- _�� m 1 1/2" R PARKING BY PARKING BY 1.5 8" 1" SERIES 1.5 SERIES "C" DISABLEDISABLED + N e" D PERMIT° 1/2 PERMIT +.8" B ONLY ONLY + " s• $250 FINE $250 FINE MP 25 FTP 26 8" 6" PAVEMENT SECTION - L2!�'R 00 BASE 1? 9 SUBGRADE TYPE "D" CURB 5' SIDFWALK PARKING SPACE DETAIL N.T.S. \11111111&1 3" R 2" R o I 3/4" R (n Z n 8" 2'-0" * NOTE: WHEN USED ON HIGH SIDE OF ROADWAYS, THE CROSS SLOPE OF THE GUTTER SHALL MATCH THE CROSS SLOPE OF THE ADJACENT PAVEMENT AND THE THICKNESS OF THE LIP SHALL BE 6", UNLESS OTHERWISE SHOWN ON PLANS. TYPE "F" CURB 2' FDOT TYPE CONCR BARRIER w 4400 BELLE GROVE DRIVE dyko FT. PIERCE, FL. 34981 Vaa PHONE: 772-530-S261 eslgn FAX: 772-464-1383 roue, LLC enginpod225@aol.com ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO.28610 N.T.S. ADA RAMP WITH 5'x2' DETECTABLE WARNING SURFACE PER DOT INDEX 304 5' SINGLE WHITE 6" STRIPE COMPUTER FII F RFF. FIELD BK./PG.I NOTES 1. TOP PORTION OF FTP 25 & 26 SHALL HAVE A REFLECTIVE BLUE BACKGROUND WITH WHITE REFLECTIVE SYMBOL AND BORDER. 2. BOTTOM PORTION SHALL HAVE A REFLECTIVE WHITE BACKGROUNG WITH BLACK OPAQUE LEGEND AND BORDER, 3. FTP 25 & 26 MAY BE FABRICATED ON ONE PANEL OR TWC. 1 1/2" R 4. FTP 25 IS FOR AREAS WHERE SPACE IS LIMITED. v 1 1/2" Rom- _�� m 1 1/2" R PARKING BY PARKING BY 1.5 8" 1" SERIES 1.5 SERIES "C" DISABLEDISABLED + N e" D PERMIT° 1/2 PERMIT +.8" B ONLY ONLY + " s• $250 FINE $250 FINE MP 25 FTP 26 8" 6" PAVEMENT SECTION - L2!�'R 00 BASE 1? 9 SUBGRADE TYPE "D" CURB 5' SIDFWALK PARKING SPACE DETAIL N.T.S. \11111111&1 3" R 2" R o I 3/4" R (n Z n 8" 2'-0" * NOTE: WHEN USED ON HIGH SIDE OF ROADWAYS, THE CROSS SLOPE OF THE GUTTER SHALL MATCH THE CROSS SLOPE OF THE ADJACENT PAVEMENT AND THE THICKNESS OF THE LIP SHALL BE 6", UNLESS OTHERWISE SHOWN ON PLANS. TYPE "F" CURB 2' FDOT TYPE CONCR BARRIER w 4400 BELLE GROVE DRIVE dyko FT. PIERCE, FL. 34981 Vaa PHONE: 772-530-S261 eslgn FAX: 772-464-1383 roue, LLC enginpod225@aol.com ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO.28610 N.T.S. ADA RAMP WITH 5'x2' DETECTABLE WARNING SURFACE PER DOT INDEX 304 5' SINGLE WHITE 6" STRIPE 3000 P.S.I. CONCRETE W/ FIBERMESH 0 1.5 LB/CY VARIES 4» 2" 2"COMPACTED 2% TYPICAL SUBGRADE - 98% MAX. DENSITY PER AASHTO T 180 1/41/8"1/2" P1 4 R 1 4 R1 4" R6v1/2" PRE-MOLDEDEXPANSION JOINT TYPE"A" TYPE "B" TYPE "C" SIDEWALK JOINTS TYPE LOCATION »A»AT P.O. AND P.T. OF CURVES AND AT JUNCTION OF EXISTING AND NEW SIDEWALKS. "B" 5'-0" CENTER TO CENTER ON NEW SIDEWALKS. .C.,WHERE NEW SIDEWALK ABUTS CONCRETE CURBS, DRIVEWAYS AND SIMILAR STRUCTURES SIDEWALK CONSTRUCTION SIDEWALK CONSTRUCTION DETAILS N.T.S. FnnT TYPE =TE kLL 409 ENTRANCE ROADWAY SECTION NOTES 1. FOR INFORMATIONAL PURPOSES ONLY. FINAL DESIGN OF BRDIGE STRUCTURE TO BE DETERMINED BY DATE DESIGNED RML 6-30-09 CALCS. DRAWN RML 6-30-09 DETAILED CHECKED RML 9-15-14 APPROVED 'ORTED CTURE 'VD THE ATLANTIC P.U.D SITE PLAN DETAILS RICHARD M. LADYKO, P.E.DATE: 6 30 09 HORIZ. SCALE: NONE VERT. SCALE: NONE JOB No. 09-001 SHEET 5 OF 5 M am cEcw cn wcn E0 cna 0m2 6 00 (D E Packet Pg. 160 9.B.d 5F 5 k 114 L Soo MOM ` � cI1R 16 CAM COC ' I 5 SP ' 3 I \ BUR \ ' \ 3 CHR17 \ ' \ SP \ ' 5 1 \ \;C- 0 C, \` 1 OUR \\ Q 1WAVAVAVAVAMI MAVAVAM X TYPICAL LANDSCAPE PLANS 1 NORTH a SPC 44 .11 R ` 31 SP` 5 ` SPC ` 40 CHR` 31 ` O37 \ ` COE ` COP 451 J � � Y � sJ h J ` \ COMPUTE FILF REF• I FIELD BK./PG. BOGGS vow#," PLANNING -I- LANDSCAPE ARCHITECTURE 100 AVENUE A SUITE 2E FORT PIERCE, FLORIDA 34950 ' 5P 5 SPC 42 3 Landscape Notes: Plant Schedule 1. All plants shall conform to established nursery grades and standards, to be Florida No. 1 or better, and shall be free ofdisease sand insects at the time of installation. TREES BOTANICAUCOMMON CONT CAL SIZE 2. Trees shall be a minimum of (12) feet in height and have a caliper of two and one-half BUR Bur5era 51maruba / Gumbo Limbo G5 gal 33"D15I-1 1 2' 1-1T (2 %) inches at four and one half (4 %) feet above the ground when installed. COE Conocarpus erectus 'senceus' / Green Buttonwood 30 gal 2.5" D1511 12' HT' 3. All required trees, except palms, shall have a minimum of five (5) feet of clear trunk and a minimum five (5) foot canopy spread at the time of planting. COR Cordia sebestena / White Geiger G5 gal 4" D1311 12' HT 4. All palm trees shall have a minimum clear trunk of ten (10) feet when installed. Three palm trees are equal to one shade tree having a mature canopy spread of fifteen (15) SP 5abal palmetto / Cabbage Palm B � B 1 G'-20' CT, feet. Staggered HT SHRUBS BOTANICAUCOMMON CONT 5. Shrubs shall be a minimum of twenty-four (24) inches in height above grade CAM Car155a macrocarpa / Emerald Blanket Car155a 3 gal immediately after planting. 25% of all shrubs shall be Florida native. 24" CA 6. Groundcovers, other than grass, shall be planted in a manner as to present a finished Cm Chrysobalanus icaco / Red Tipped Cocoplum 3 gal appearance and reasonably complete coverage within four (4) months after planting. 24" CA, 1`0 7. Turf grass shall be installed using solid sod and shall be either Bahia or St. Augustine sod. COC Coccoloba uvifera / Sea Grape 7 gal 8. All landscape areas other than sod will be provided a mulch cover of at least three (3) 4' 11Tx3' W Min, Full to Bottom inches. Cypress mulch shall not be used. MYC Myrica cerifera / Wax Myrtle 7 gal 9. All landscaping within vehicular use areas shall be protected by a six inch non -mountable curb NEO Nerium oleander 'Calypso' / Oleander 3 gal 10. All existing native vegetation found on the site and is not in direct conflict with the 24" OA, FULL proposed building or parking areas shall be left undisturbed. A suitable protective 511RUB AREAS BOTANICAUCOMMON CONT barrier, constructed of metal, wood, safety fencing, or other durable material will be 11ED 1-ichanthu5 debilis / Dune Sunflower I gal@ 1 8' oc placed around the staked out locations of existing native vegetation. IPO Ipomoea imperati / Beach Morning Glory 3 gal@ 3G" oc 11. No fill materials, construction materials, concrete, paint, chemicals, or other foreign materials shall be stored, deposited, or disposed of within any areas that have been Muc Muhlenbergia capallaris / Muhley Grass I gal@ 30 oc staked or fenced off as being undisturbed native vegetation areas. 12. Existing understory shall be maintained in areas of undisturbed native vegetation. SPC Spartina bakers / Spartina Cordgrass 3 gal@ 42" oc 13. All Category 1 exotic plant species will be eradicated from the site. SOD Paspalum notatum 'Pensacola' 14. Conspicuous, durable barricades will be erected around each individual tree or areas of vegetation that are to be preserved. In the event that any protective barricades are removed or altered and land clearing or construction work is being conducted on the site, all work at the site will be stopped until the barriers are restored and any necessary corrective actions taken to repair or replant any vegetation removed or damaged as a result of these encroachments. )16"E 111111111014 COC 101 ` ' SF) 5P 5P 5P 5P 51" ' 3 3 3 3 3 3 o'I'1.3 2' mom101010 Note: Landscape treatment shown In typical enlargements 15 indicative of the overall landscape treatment planned for the entire site. Detailed landscape plans will be submitted at the time of final development plan approval. —REVISIONS — BY DATE REVISED PER STAFF COMMENTS DH 4-19-15 BY DATE DRAWN CHECKED APPROVED SUNSET BEACH I0404DI085)88Llr�ltroRMLlII •Yi���0=9Mil L,1 DATE: 02-26-14 HORIZ. VERT. SCALE:1"=30' SCALE: N \A JOB No. SHEET 2 OF 2 c a 0 a L E L a 0 c Z a L 0 a 0 m N C 3 LO 0 N W W N d a m Q. c J m C a Packet Pg. 161 9.B.e GENERAL NOTES 1. PROJECT NAME: SUNSET BEACH P.U.D. 2. GROSS PROJECT SIZE: 1,490,535 Sq. Ft., 34.22 Acres 3. PROPOSED USE: 43 Single Family Units 4. FUTURE LAND USE: Residential Urban (RU) 28.79 Acres Residential Conservation (RC) 5.43 Acres 5. ZONING: H.I.R.D. Hutchinson Island Residential District )ANTN 30 I I? `` \��y` �( - \iORTH\\�\\/� ©/^ ` //�G//� \ \ \\ 6. OVERLAY ZONING DISTRICT Overlay Zone B MASTER LANDSCAPE PLAN NORTH COMPUTE FILF RIFF.I FIELD BK./PG. BOGGS vow#," PLANNING -I- LANDSCAPE ARCHITECTURE 100 AVENUE A SUITE 2E FORT PIERCE, FLORIDA 34950 DUNE CROSSOVER CUL-DE-SAC 7. PARCEL IDENTIFICATION NO.: 2529-233-0002-000/0 8. FLOOD ZONE: F.I.R.M. Panel No. 12111CO194 G The Property lies in Flood Zones; VE(9), AE(7), AE(8), AE(9), AE(10), VE(12) AND VE(14). 9. PARCEL BREAKDOWN Future Acreage Land Use Area West of S.R. A-1-A (RC) 5.43 Residential Urban (RU) Area East of S.R. A-1-A RU 28.79 Residential Conservation Area Subtotal 34.22 Less State Owned (West of A-1-A 0.93 Less State Owned (East of A-1-A 0.92 Area Total 32.37 10. UTILITIES Water Service: Fort Pierce Utilities Authority Sewage Treatment: St. Lucie County Utilities Irrigation Reuse: St. Lucie County Utilities 11. STORM DRAINAGE The storm water management system will consist of an on -site dry detention consisting of a combination of exfiltration trench and dry ponds providing water quality and storm attenuation. Discharge will be to the wetland preservation area adjacent to the property with ultimate discharge to the Indian River (Intracoastal Waterway) with appropriate permitting with the Florida Department of Environmental Protection and the A.C.O.E. 12. PROPOSED OWNERSHIP The single family units will be conveyed via fee simple ownership in accordance with a proposed Record Plat. Common areas will be dedicated to the Homeowners Association along with roadways, drainage areas and wetland preservation and primary dune areas. 13. LEGAL DESCRIPTION: Government Lot 2, less the north 938.84 ft. and less the right-of-way for S.R. A-1-A; and Government Lot 3, less the right-of-way for S.R. A-1-A, Section 29, Township 35S, Range 41E, St. Lucie County, Florida. 14. EXISTING PROJECT LAND COVERAGE: The following table summarizes the existing project Beach & Dune Area (1) 10.36 30.27 Jurisdictional Wetlands 9.29 27.15 Upland Areas 7.22 21.10 Middle Cove Basin 5.50 16.07 State Owned Lands 1.85 5.41 T4=. iucrw 0.0 ELEVATION LINE (1) Area from OLD (1978) CCCL ILine to MHW Line N. A. V. D. 1988 OLD CCCL \ (P.B. 16, PG. 32) (RECORDED 15. APPROVED LAND USE BREAKDOWN: JUNE 2009 APPROVAL Acreage Pere age Building Lots 5.30 18.18 Pavement & Walks 1.70 5.83 Dry Detention 0.50 1.72 Wetlands 12.80 43.91 Beach, Dune, Common Area 8.85 30.36 TOTAL 29.15 100.00 15. PROPOSED LAND USE BREAKDOWN: THIS APPLICATION Acreaae Pere age Building Lots 5.09 14.87 Pavement & Walks 1.97 5.76 Dry Detention 0.50 1.46 Wetlands 12.80 37.40 Beach, Dune, Common Area 12.01 35.10 State Owned Lands 1.85 5.41 TOTAL 34.22 100.00 16. PARKING PROVIDED: Single -Family Units will have a minimum oftwo garage spaces provided per unit. Two spaces per unit will be provided immediately in front of the garage spaces. Required Parking (43 units x 2 spaces/unit) Total Required Total Provided Garaged Parking (43 units x 2 spaces/unit) Guest Parking Total Provided 86 Spaces 86 Spaces 86 Spaces 9 Spaces 95 Spaces (1 Handicapped) See Sheet 2 of 2 for Landscape Specifications for the highligted areas. -REVISIONS - BY DATE REVISED PER STAFF COMMENTS DH 4-19-15 BY DATE DRAWN DH 2-26-14 CHECKED DH 2-26-14 APPROVED I0IOR D1085)88LlFVIF�i�iYAL,111-ai�AA0=9 Mil L,1 DATE: 02-26-14 HORIZ. VERT. SCALE:1"=100' SCALE: N \A JOB No. SHEET 1 OF 2 Packet Pg. 162 9.B.f 0 A V PROPOSED ST. LUCIE COUNTY F.D.O.T. CULVERTS To IMPROVE MrlPOUNDMENT 1- 24' R.C.P. W/ MITERED ENDS S29'28'47"E 399.50' ------ ------------ n - --- W m------------ ------ ------------------------------ er -- TLANTIC oCJUL N MEAN HIGH WATER LINE (MWL) EL-0.62' (NAVD 19%) LOCATED AUGUST 2014 N20 39'30"w 173.181 � '~~` `�iy N2i104'04„W _--� � -�_ _5.00, i= �F� lc �'38 „W 9rf SEASONAL HIGH WATER LINE (SHWL) 3'Us1) ~ N2026'01'W LOCATED 240.0 ELEVATION LINE r��0N.A.VD. 1988 ,ss, p Ex \ __ �VE GETATIIOON--- ~~ DU-NE`MOQOVER o _--__ ATrA N2 6„W - - DUNE ~��� -��� `- `�`��~s ().v���i/ Q? I \ - -PRESERVATION -` 2T 0' i1 ZONE -TIC o C &A Q"Q OLD CCCL _ __ �' (P.B. 18, PG. 32) 0 E ~ ~ '1~-'+' N194g'211, - VE E TIN '-~� �+ `� _ 204.57P 0 57 W (RECORDED �, z �`_ i /����J Q� MARCH 20, 1978 VEGETAT1dN' LINE �zs Q�- N18S0'30"W ^� ` L E DUNE ( NORTH POLYGON ,\, - ZONE PRESERVATION ` REQUIRED BUFFER ~ PROP. FIRP r.•a .. NEW CCCL HYDR NT 7 O � ^� s �.¢ s'.x,; rM •. (P.B. 26, PG. 26) TYP./~- ' _ _ SEPTEMBE RECORDED15, 1988) PROP. 8" 8" N. O` WATE MAIN SE R (TYP.) ^� O -�_ -- DOUBLE-- - _ WATER ' ` SERVICE - - CONST. 8" G.V. ^ 2" BLOWOFFr : d" STRUCTURE /1 PROP Is* STORM a E* LTRATION TRENCH OLD CCCL _ JURISDICTIONAL LINE AS 54 F REgUIRED ~ ^i h''-�'. PR 8" - (P.B. 16, D 32) b� FLAGGED IN APRIL 2005 - - f IrPLAND BUFFER / / ~" WA MAIN DOUBLE ` ,� � O (RECORDED ` \ WATER % ~ MARCH 20, 1978) LINE ' l - -�% `,Q� —3� V r ,~�pp SERVICE TYP.) C7' - ° 'PROP. FIRE - ----- -�-- IJI�CH , '� `~- B" AN. HYDR T--� - - y ~ SE R (TYP.) %/ CONST. , 2"x 8 L ��,� � � � � \ - � _ _ & 2-8" GATE VA S \ PROPOSED •♦ -BULKHEAD PR Ocz- O ,rye ZO ";Z- L 4 PROPOSED ST. LUCIE o DUCT MIDDLE COVE TIDAL SALT WATER BASIN SHORELINE FIELD aA� SURVEYED 5/9/05 ` — I /, Jlll �-7 SHORELINE SCALED FROM 2005 DIGITAL AERIAL EX. CONC HEADWALL Y � / f / ; CULVERT INV. = 0.52 Y STATE FILLED LANDS~ y �\ INE - t1L 1i-- EASTERLY'R/W _ - -�k t � � ~�- ---- '" � � LIFT STATIUPLAND BUFFER ON 50 FT. REQUIRED f LINE �\ IN\ \ ^7ry \ \ \ ■ / PROP. 12" WATER MAIN \`.\\ /I / / // SINGLE 50 FT. REgUIREDWATER UPLAND BUFFER S RMCE (TYP.) / / / LINE SHORELINE FIELD SURVEYED 5/9/45 Cy SOUTH POLYGON JLfASDICTIONAL�IIL 0 y PROP. 4" FLAGGED IN APPRRIL 2005 REQUIRED UPLND BUFFER FORCE MAIN MANGROVE WETLAND SWAMP SHORELINE SCALED _ FROM 2005 DIGITAL AERIAL IN I\ FILLED STATE LANDS: OONTRO _ - / ` - - ' ----------- --- - - DRY DETENTION AREA - - - � - - -s - - - -- - - � it - - - - WESTERLY R/W LINE 7293' t 1 \ 1 1 1 1 1 t STATE FILLED LANDS 1 SHELL 1 43 TOP ROAD MANGROVE ETLAND SWAMP °<zQ1 F � ti 9 0 � IN 1�0.44124A6, "W t4.94' to .42' 4�y 2 �g549 � 7Z EX, CONC HEADWALL W/ 42" CONC.- CULVERT INV. - 0.47 NOTE- CVV ,\ \\� ��/ •Z�. MEAN HIGH WATER FOLLOWS THE SHOINTO THE MOSQUITO DITCHES. THEMHWRELINE SHOWN ACROSS THE CUT' ^O Y IS THE FOR SHOREUNEAT10N PURPOSES AS IF WERE 'NATURAL', °s s y \ 26 `s to 00 7* M N, 1 1 1 I 1 MOSQUITO/PARK CONTROL DOCK I I I STATE ROAD A-1- 00.00' RIGHT-OF-WAY --$;- 3" FORCE MAIN N29'10'32"W 307.92' 61' N04'4O'15"W CONNECT TO EXIST. 51.50' F.P.U.A. 16" WATER MAIN MEAN HIGH WATER LINE OCTOBER, 2005 EL - 0.82' N.G.V.D. 29 PROPOSED FISHING PIER AND DOCK MIDDLE COVE NDIAN RIVER -REVISIONS - BY DATE REVISIONS PER ST. LUCIE COUNTY D.R.C. & FIRE DISTRICT RML 4-17-15 COMPUTER FII IF RFF- FIELD BK./PG. STATE FILLED LANDS` , N27-13-40"W 171.68' Y PROPOSED ST. LUCIE COUNTY/ F.D.O.T. CULVERTS TO IMPROVE IMPOUNDMENT 1- 24" R.G.P. W/ MITERED ENDS RIGHT OF WAY LINE 1125 87' yr 1r f f 1r f ;y 0 MANGROVE WETLAND SWAMP UPLAND BUFFER CALCULATIONS u+. yr O �P IN ACCORDANCE WITH ST. LUCIE COUNTY LAND DEVELOPMENT REGULATIONS, A MINIMUM OF 50 FT LANDWARD FROM THE EDGE OF WETLAND SHALL BE PRESERVED y AS A REQUIRED UPLAND BUFFER. REQUIRED UPLAND BUFFER j� NORTH POLYGON 25,236 S.F. `'sue SOUTH POLYGON 65,446 S.F. f TOTAL UPLAND BUFFER REQUIRED 90,682 S.F. UPLAND BUFFER PROVIDED �r NORTH AREA 3,917 S.F. SOUTH AREA 65,303 S.F. TOTAL UPLAND BUFFER PROVIDED 69,220 S.F. (1.59 AC.) 4400 BELLE GROVE DRIVE adyko FT. PIERCE, FL. 34981 PHONE: 772-530-8261 esign FAX: 772-464-1383 roup, LLC enginpod225 @aol. cam ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION �/2S610 BY DATE DESIGNED RML 8-22-14 CALCS. DRAWN RML 8-22-14 DETAILED CHECKED RML 9-15-14 APPROVED RICHARD M. LA . NO. SUNSET BEACH P,U..D CONCEPTUAL DRAINAGE & UTILITIES PLAN DATE: 8 22 14 HORIZ. SCALE: VERT. SCALE: JOB No. 14-009 SHEET 3 OF 5 Packet Pg. 163 9.B.g in N 40' r REAR LOT LINE 20' COASTAL CONTROL CONSTRUCTION LINE (1978) 25' REAR SETBACK 30 30 on MINIMUM MINIMUM BUILDING BUILDING ENVELOPE ENVELOPE 1,650 S.F. 1,650 S.F. 5' 5' 5' ,,-10' FRONT SETBACK 5' SIDEWALK 5' SIDE SETBACK QQ. 1 • , �• GOVT LOT 2 THE ATLANTIC \ ��• VACANT 1 I F , S.L.CO. PROJECT PUD_RZ 3200104041 UNDER REVIEW + 1 I OLD CCCL �t + (P.B. 16, PG. 32) (RECORDED 1 4 MARCH 20, 1978) \ N89'52'24"E 1043.43' 589.99, 131.74 t c 81.26' M \ I' (P.B. 6, EW CCCL 26) (RECORDED c\ SEPTEMBER 15, 1988) VACANT SECTION 30 I z 7----- ' m \ _MANGROVE WETLAND SWAMP 41 U1 __ CIS ��lURISDIC11ONAL LINE —Q(k``- = _ _ =—_ AS FLA�O IN APRIL 2005 I / SHORELINE SCALED FROM 2005 DIGITAL \ AERIAL \ `\\ \\ \1 1 3fi 1 0,10, 8"i} / �\ \\per\� O-_A 14 v II 1 M � 4' \ ` C) 6 GUEST SPACES `�. , ` 'tv� %-t; . li; °+r POOL DECK AND \ .- 1 o I \ �t1� 400 S.F. RESTROOMS ' NOTE MEAN HIGH WATER FOLLOWS THE c \ 1 / 1 SHORELINE INTO THE MOSQUITO DITCHES. THE MHW LINE SHOWN ACROSS THE 'CUT \ I 1 IS FOR CALCULATION PURPOSES AS IF THE SHORELINE WERE 'NATURAL'. \ i 1 .�- ��O CONCRETE HEADWALL W/42' CONC, CULVERT PIPE, INVW-1.97' (0.47* TYPICAL LOT DETAIL PROPOSED BUILDING SETBACKS & LOT REQUIREMENTS Proposed Minimum Lot Width 40' Minimum Lot Size 5,000 s.f. Minimum Road Frontage 40' O Max. Building Height 35' Setbacks Front 10' Side 5'* Rear 45' * Notes: 1. All Buildings shall be Fire Sprinkled 2. The above setbacks are applicable for all structures, including accesssory structures (pools, decks, screen enclosures) LIGHTING NOTES: 1. NO LIGHTS SHALL BE PERMITTED ON DUNE WALKOVERS OR ELEVATED WALKOVERS TO THE BEACH AS STATED IN F.D.E.P. 62B-34.070. 2. ALL LIGHTING INCLUDING CONSTRUCTION, TEMPORARY, SECURITY, OPERATION AND PERMANENT RESIDENTIAL SHALL BE POSITIONED TO MINIMIZE LIGHTING ON THE FRONTAL DUNE WITHIN THE LINE OF SIGHT OF THE BEACH. 3. TEMPORARY NIGHT TIME SECURITY LIGHTING SHOULD BE LIMITED TO THE FEWEST NUMBER OF LIGHTS NECESSARY TO PROVIDE ADEQUATE SECURITY. THOSE LIGHTS WHICH ARE USED SHALL NOT; A) BE MOUNTED MORE THAN 15' ABOVE THE GROUND, B) ILLUMINATE AREAS OUTSIDE THE SUBJECT PROPERTY, C) DIRECTLY ILLUMINATE AREAS SEAWARD OF THE PRIMARY DUNE UNLESS APPROPRIATELY COORDINATED WITH THE REGULATORY AGENCIES. 4. THE USE OF HIGH INTENSITY LIGHTING FOR DECORATIVE OR ACCENT PURPOSES SUCH AS EMANATING FROM SPOT LIGHTS OR FLOOD LIGHTS IS PROHIBITED UNLESS BUFFERED APPROPRIATELY SO AS TO NOT DIRECTLY ILLUMINATE AREAS SEAWARD OF THE PRIMARY DUNE AND THE SOURCE OF LIGHT IS NOT DIRECTLY VISIBLE FROM THE BEACH AND DOES NOT CONTRIBUTE TO CUMULATIVE GLOW. 5. LOW INTENSITY LIGHTING SHALL BE USED IN PARKING LOTS WITHIN LINE OF SIGHT OF THE BEACH. SUCH LIGHTING SHALL BE: — SET ON A BASE WHICH RAISES THE SOURCE OF THE LIGHT NO MORE THAN 48" ABOVE EXISTING GRADE. — POSITIONED AND/OR SHIELDED SUCH THAT THE SOURCE OF THE LIGHT IS NOT DIRECTLY VISIBLE FROM THE BEACH. 6. ALL WINDOWS AND GLASS DOORS ON THE SEAWARD AND SHORE —PERPENDICULAR SIDES OF ANY NEW DWELLING OR ADDITIONS SHALL BE TINTED TO TRANSMITTANCE VALUE (LIGHT TRANSMISSION FROM INSIDE TO OUTSIDE) OF 45% OR LESS THROUGH THE USE OF TINTED GLASS OR WINDOW FILM ON SCREENS. 7. IN ADDITION TO THE DUNE RESTORATION PLANTING, NATURAL VEGETATION OR STRUCTURES SHALL BE ENCOURAGED TO BUFFER LIGHTING OR POTENTIAL NOISE IMPACTS ON THE FRONTAL DUNE, AS APPROPRIATE. 8. ALL BALCONIES SHALL UTILIZE LOW INTENSITY LIGHTS AND SHALL BE SHIELDED FROM THE LINE OF SIGHT OF THE BEACH. 9. PRIOR TO OBTAINING A CERTIFICATE OF OCCUPANCY, A REGISTERED FLORIDA ARCHITECT OR PROFESSIONAL ENGINEER SHALL CONDUCT A SITE INSPECTION WHICH INCLUDES A NIGHT SURVEY OF ALL BEACHFRONT LIGHTEN ON SITE. THE INSPECTOR SHALL PREPARE A REPORT OF FINDINGS IN ACCORDANCE WITH ST. LUCIE COUNTY'S LAND DEVELOPMENT REGULATIONS AND SUBMIT A FINAL CERTIFICATION TO THE FLORIDA DEPT. OF ENVIRONMENTAL PROTECTION IN ACCORDANCE WITH 628-33 FAC, 10.ANY TEMPORARY CONSTRUCTION SECURITY LIGHTING SHALL BE GOVERNED BY THE SAME REGULATIONS AS STATED ABOVE. CONSTRUCT LEFT TURN LANE PER F.D.O.T. STANDARDS MEAN HIGH WATER LINE OCTOBER, 2005 EL - 0.Or N.G.V.D, 29 V WADE CONCRETE SIDEWALK PER SECTION PER SECTION 7.05.04 ST. LUCIE CO. L.D.C. -CONCRETE HEADWALL W/4r CONC, CULVERT PIPE, INV--2 3 GUEST SPACES- \11t,1 I 1111 t 1 I 1 \ 1I\ 1 I111,1 t 1 I + 1 b 4 \\ Ill 1 t111 1 1 \\ 1 \ 0!, 11'1 ►1;�\ EL=0.52M (NAVD 1988) II \ *T GH ,1 LOCATED AUGUST 2014 VEGN 1 LII,� 11+11 x IV 1 1 r 10 , jD 1 1 + \ 1111 \ll NNO, 1 \+ 1 1 1V\,I 'r +;;;1 ' t t 1 1 I +1 1 lllll 1 DUNE CROSSOVER { ,1 1 DUNE 1 1 1 1 I 1 PRESERVATION ZONE SEASONAL HIGH WATER LINE (SHWL) �.� EL=5.335' (NAVD 1988) / � , \�.� \ \\ \ 11 1�t 1 LOCATED AUGUST 2014 \0 � 0. UP I l All A, A,NEW,iCCL l z (P.B. 26, PG. 26) (RECORDED j 1, 21 SEPTEYBER 15 1988)Ad 0.0 ELEVATION LINE N.A.V.D. 1988 VEGETA N r, r, r. 15 A, A, IL 'L13 MANGRO\VE\WETLAND SWAMP 1 y �` 1 \ + I 1 't \`1 0%j1 DUNE PRESERVATION \ oT \\ \\ 1 \ t+ 1' 1 11 11111+\ ZONE 1 '; 11 � r�-- -- ----\'111111*'dwool \1 1 A_ A MANGROVE WETLAND SWAMP i r r r r \ \ \�\ f ,, ! 1 ��� t t+ \\ 1 1 111;1111j,Ply'. �' \ vv ��• ' V 1 , 1 t ' 1 VEGETA A 111+'1 LINE\ 118'f 344.09' \ 237,13' / + I ,4W N 11+ IS N89'48'16"E 462.32' \ N89'4816 E 711.32' OLD CCCL \ \ NEW CCCL `+ (P.B. 16, PG. 32) (P.B. 25, PG. 26) ` y- (RECORDED \ (RECORDED \ MARCH 20, 1978) \ SEPTEMBER 15, 1988) e GOVT LOT 4 VACANT SHORELINE SCALED FROM 2005 DIGITAL AERIAL SHORELINE FIELD SURVEYED 5/9/05 �A A, A, A, I& I& - R E V I S 1 0 N S- BY DATE REVISIONS PER ST. LUCIE COUNTY D.R.C. RML 2-05-15 REVISIONS PER ST. LUCIE COUNTY D.R.C. RML 4-17-15 COMPUTER FIELD BK. PG. FILE REF_ / 4400 BELLE GROVE DRIVE FT. PIERCE, FL. 34981 adyko PHONE: 772-530-826I esign FAX: 772-464-1383 roue, LLC enginpod225@aot.com ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION #28610 BY DATE DESIGNED RML 8-22-14 CALCS. DRAWN RML 8-22-14 DETAILED CHECKED RML APPROVED LUMINAIRE SEE LIGHTING FIXTURE SCHEDULE GROUNDING BUSHING SUITABLE MOUNT 12'X12'X12• CONCRETE HARDWARE FURN. PAD WITH Fl%TURF GRADE SIDEWALK 5/8' X 8' COPPER CLAD GROUND ROD. GALVANIZED CONDUIT BOLTED GROUND W8 GROUND BOND TO CLAMP Fl%TURE HOUSING BOLLARD LIGHTING DETAIL NOT m We LUMINAIRE SEE LIGHTING FIXTURE SCHEDULE SUITABLE MOUNT HARDWARE FURN, WITH FIXTURE FACE OF WALL FINISHED GRADE WALL MOUNTED SLIGHTING DETAIL DECK WATER LINE FROM POWER SUPPLY 3/4' CONDUIT LIGHT NICHE AMERLITE #79928500 112 VOLT — 300 WATT UNDERWATER LIGHT APPROVED GROUND CLAMP NOTE: LIGHT MUST HAVE OVERHEATING PROTECTION WHEN NOT SUBMERGED IN —POOL LIGHTING DETAIL xm To xa.e LIGHTING LEGEND FIXTURE (NAME OR TOTAL NUMBER OF BULB SYMBOL STOCK EACH WATTAGE AND TYPE TYPE OF MOUNT MOUNTING HEIGHT NUMBER) FIXTURE SEA GULL 35 WATT LIGHTING 6 LOW PRESSURE WALL 72" SGL-8338 SODIUM MOUNT KIM LIGHTING 50 WATT ® CB32/50MH120/ 33 LOW PRESSURE BOLLARD 32" BL—P SODIUM AMERLITE 18" #78928500 4 300 WATT FLUSH BELOW UNDERWATER MOUNT WATER RC+1ae1:7D•M. LADYKO, P.E. FL. REG. ]■NO. !K3►M:I:MI SUNSET BEACH R.U.D CONCEPTUAL SITE LIGHTING PLAN DATE: 8 22 14 HORIZ. SCALE. 1 "=100' VERT. SCALE: 1 "=100' JOB No. 14-009 SHEET 4 OF 5 c cn a i C E ILL_ 0 m E 7 Q 0 a t v lC m m 0 N c In 0 N In LU C lC EL Tm c t M J R 3 Q m C 0 U Q1 m ci C d t v R Q Packet Pg. 164 9.B.h IN COUNTY 0 R 1 D A Environmental Resources Department Final Report TO: Jeffrey Johnson, Planning & Development Services Department THROUGH: Amy Griffin, Environmental Resources Manager FROM: Jennifer Evans, Senior Environmental Planner DATE: May 11, 2015 SUBJECT: Sunset Beach Major Adjustment to a PUD SPMj 920144814 Background The Environmental Resources Department (ERD) is in receipt of the May 11, 2014 electronic submittal. The applicant requests approval of a major adjustment to a PUD in order to modify the existing approved layout (Resolution 09-026). The proposed PUD consists of 43 single family lots with associated recreational pool area, landscaping, access, conservation areas, and parking. Environmental Resources staff has completed a site visit and review. The 34.37-acre parcel is located east and west of State Road Al and south of St. Lucie County's Frederick Douglas Park on South Hutchinson Island (Section 15 Township 35 South, Range 41 East, St. Lucie County, Florida). Findings The project contains 13.0 acres of jurisdictional mangrove wetlands. An Environmental Resource Permit (EI-56-0264272-001) has been issued by the Florida Department of Environmental Protection (FDEP). Per Comprehensive Plan Policy 6.1.14.5, this wetland is considered a Category I and requires a waiver from the Board of County Commissioners for any direct impacts to the wetland or required minimum 50-foot upland buffer. The previously approved site plan permitted 0.67-acres of direct wetland impacts and 1.2-acres of upland buffer impacts. The proposed site plan eliminates all direct wetland impacts, however 0.49-acres of the required 2.08-acre upland buffer will be impacted. This results in a reduction of 0.71-acres of upland buffer impacts. In order to mitigate this impact the applicant has proposed to reconnect the existing wetland impoundment to the Indian River Lagoon via flushing culverts under S.R. A-1-A which result in improved water quality and overall health of the wetland system and has purchased 1 credit of mitigation from the Bear Point Mitigation Bank. The entire wetland and remaining associated buffer will be placed under a conservation easement and preserved, restored, and maintained in perpetuity per the approved Preserve Area Monitoring and Management Plan. No evidence of listed species were observed. A Sea Turtle Protection Plan has been reviewed and approved by the ERD. The beach community comprises approximately 7.74 acres of the project. The dune preservation zone has been delineated and will be placed under a conservation easement. A dune restoration rn LO 0 N W Packet Pg. 165 9.B.h Environmental Resources Department Final Report Sunset Beach May 2015 plan has been reviewed and approved by the ERD and will enhance the beach/dune area by removing invasive exotic vegetation and re -vegetating the dune with native species. No intact native upland habitat outside of the dune preservation zone is present. Vegetative cover is dominated by Australian pine. All invasive exotic vegetation is required to be removed within 90 days of site plan approval. Recommendation Staff recommends approval of the wetland waiver and major adjustment to the Planned Unit Development. Conditions of Approval 1) Within 90 days of site plan approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required executed Conservation Easement, approved Preserve Area Monitoring and Management Plan (PAMMP) with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney for review and approval [Comprehensive Plan 9.1.4.4]. The applicant shall also provide a GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. A copy of a standard Conservation Easement can be found on the St. Lucie County Environmental Resources Department website at: http://www.stlucieco.gov/pdfs/Conservation Easement Form.pdf. 2) The issuance of County development permit does not in any way create any rights on the part a� of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations in imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. rn LO 3) Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, their successor N or assigns, shall conduct a pre -construction meeting with construction personnel and w Environmental Resources Department staff, to verify vegetation protection measures have been installed. V_ 4) Within 90 days of site plan approval all invasive exotic vegetation shall be removed (Land Development Code Section 7.09.05). 5) All other applicable state or federal permits including but not limited to Florida Department of Environmental Protection Coastal Construction Line permits must be obtained before commencement of the development. Please contact Jennifer Evans at 772-462-3862 if you have any questions. Page 2 Packet Pg. 166 9.B.i SUNSET BEACH P.U.D. In Section 29, Township 35 S, Range 41 E St. Lucie County, Florida ENVIRONMENTAL IMPACT REPORT Prepared for CL-RP Hutchinson, LLC 2970 Peachtree Road Unit 176 Atlanta, Georgia 30305-2918 Prepared By Ladyko Design Group, LLC 4400 Belle Grove Drive Ft. Pierce, FL 34981 (P) 772-530-8261 (F) 772-464-13 83 M Peter J. Krinsky, C.E.P. Environmental Planner 1672 S.W. Sandtrap Crescent Palm City, Florida 34990 (PIF) 772-220-4039 (C) 772-285-4886 February 2015 1 Packet Pg. 167 9.B.i TABLE OF CONTENTS Section Description Page I.00 INTRODUCTION...........................................................................................................3 1.01 Project Location.............................................................................................. 3 1.02 Purpose............................................................................................................3 2.00 METHODOLOGY..................................------------------------------------------------------------------------ 3 2.01 Vegetation (FLUCFCS).................................................................................. 3 2.02 Topography..................................................................................................... 3 2.03 Wetlands Determination..................................................................................4 2.04 Threatened and Endangered Wildlife Species Survey....................................4 2.05 Preliminary Agency Coordination...................................................................4 3.00 VEGETATION AND SUBSTRATE 3.01 Vegetative Communities.................................................................................4 3.02 Soils.................................................................................................................5 4.0 WETLANDS AND OTHER SURFACE WATERS........................................................ 6 5.0 JURISDICTIONAL CONTROL......................................................................................7 6.0 BUILDING ELEVATION.......................................................... --------_-.-........ I ....... I.,... 8 TO STORM OVERWASH/DUNE BREACHING ............. ............................ ............ I.......... 8 8.0 FEDERAL AND STATE PROTECTED SPECIES SURVEY---------------------------------------- 8 9.0 ENDANGERED, THREATENED AND SPECIES OF SPECIAL CONCERN ............. 8 10.0 SURFACE WATER MANAGEMENT PLAN................................................................ 9 11.0 SEA TURTLE PROTECTION PLAN (STPP)............... ............................. ...... I............. 9 12.0 SHORELINE STABILIZATION PLAN......................................................................... 9 13.0 GOPHER TORTOISE PROTECTION PLAN.............................................I__ ............. 9 14.0 IMPACT ASSESSMENT 14.01 Vegetation........................................................................................•--..........10 14.02 Wildlife ............................... .................................................... I..................... 10 14.03 On-Site..........................................................................................................10 14.04 Off-Site..........................................................................................................10 14-05 Impact Minimization ............................. ............ .....--------------------------------- ......10 14.06 Impact Mitigation.......................................................................................... I 1 LIST OF FIGURES Fi ure# Description Figure 1 Location Map Figure 2 Land Use (FLUCFCS) Map Figure 3 Proposed Site Plan Figure 4 FEMA Firm Map APPENDIX _Appendix Description Appendix A SHPO Concurrence Letter Appendix B FNAI St. Lucie County Species Tracking List Appendix C F.D.E.P. ERP #EI-56-0264272-001 Appendix D Mitigation Bank Credit Reservation 2 Packet Pg. 168 9.B.i ENVIRONMENTAL IMPACT REPORT SUNSET BEACH P.U.D. 1.0 INTRODUCTION 1.01 Project Location The project site is located in Section 29, Township 35 South, Range 41 East, on South Hutchinson Island, approximately 1,700 feet north of the Middle Cove beach access, in St. Lucie County, Florida (see Figure 1). The site is divided by State Road A-1-A and is located between the Atlantic Ocean and the Indian River Lagoon (IRL) Sunset Beach is a proposed 34.22 acre residential Planned Unit Development (PUD) with 43 single-family townhome units. 1.02 Purpose This report documents and characterizes the natural resources found on -site, discusses the current regulatory status, and identifies potential impacts that may result from the construction of the proposed oceanfront residential development. This report also provides a description of the approach used to conduct the natural resources survey and to evaluate the impacts of the proposed project. �i�l _u I.1ll_Il_C_CI7 ZI77CII� Ladyko Design Group, LLC., along with Peter J. Krinsky, C.E.P., Environmental Planner, conducted site visits, preliminary regulatory agency coordination and reviewed readily available documentation to prepare this report in accordance with Section 11.02.00(A)(5) of the St. Lucie County Comprehensive Plan. A description of the methodology used to complete these tasks is provided below. In compilation of this report, where appropriate and upon recent field verification, previous Kimley Horn (2006) EIR excerpts and documentation may be referenced and included accordingly. Vegetation (FLUCFCS) Environmental staff conducted a field reconnaissance at the subject site in February 2015. The purpose of the field reconnaissance was to review the existing wetland boundaries and vegetative cover previously located and documented by Kimley Horn and Associates, Inc. in 2006, and permitted by the governing agencies (FDEP) in 2012, as well as_to determine the potential for utilization of the site by the listed species. The Florida Department of Transportation's (FDOT) Florida Land Use Cover and Forms Classification System (FLUCFCS)(1999) was used to classify the existing vegetative communities and land use cover within the site. Each vegetative community occurring within the site was delineated using aerial photograph interpretation and ground truthing techniques. Please refer to Figure 2. 3 Packet Pg. 169 9.B.i 2.1 Top gro aphy Site topography and average elevation was identified using a United State Geological Survey (USGS) 7.5 minute series topographic map and a boundary and topographic survey prepared by Christian Fenex and Associates that was updated on October 2014. The elevation of the site ranges from 0.0 to approximately 10.0 feet on the dune. 2.2 Wetlands Determination Kimley-Horn and Associates, Inc. delineated State and Federal jurisdictional wetland locations within the portions of the site using statewide methodologies as described in Chapter 62-340, F.A.C., as well as the 1987 Corps of Engineers Field Guide for Wetland Delineation. The methods take into account prevalence of wetland vegetation, hydric soil indicators and wetland hydrology. The wetland boundaries were subsequently surveyed by Christian Fenex and Associates, which became the line verified by state and federal agencies during the regulatory process in 2005 and 2006. The FDEP has issued a permit in 2012 based on this data (attached to this report as Appendix C). The U.S. Army Corps of Engineers permit is pending. 2.3 Threatened and Endangered Wildlife Species Survey Information from the Florida Natural Areas Inventory (FNAI), Appendix B, as well as the Florida Fish and Wildlife Conservation Commission (FWC) bald eagle nest locator and water bird colony roosting/nesting locator databases were reviewed and consulted. No documented eagle nests or water bird colonies are located within the vicinity of the site. 2.4 PreliminarV Agency Coordination Previous coordination was conducted with FWC, USFWS and FNIA to obtain information from their databases regarding known occurrences of protected species within the project vicinity. Coordination was conducted with the Florida State Historic Preservation Office (SHPO) for a Preliminary Investigation of Previously Recorded Cultural Resources and no cultural resources were identified on the site. A letter from SHPO dated June 2, 2005 is included within this report_(please refer to Appendix 3.0 VEGETATIVE AND SUBSTRATE 3.1 Vegetative Communities Land Use within the site boundaries was identified through aerial photographic interpretation and random pedestrian transects. Land Uses were classified according to the Florida Department of Transportation's 1999 Florida Land Use, Cover and Forms Classification System (FLUCFCS). A FLUCFCS map of the site is included as Figure 2. The acreages provided for each land use cover are based upon survey information and aerial interpretation. The site contains, Australian Pine (FLUCFCS 437), Mangrove Swamps (FLUCFCS 612), Beaches other than Swiniming Beaches (FLUCFCS 710) and Disturbed Land (FLUCFCS 740). Descriptions of land covers are provided below; 4 Packet Pg. 170 9.B.i FLUCFCS 437 Australian pine (11.6 +/- acres). The length of contiguous property located to the east and west of AlA is dominated by invasive and exotic vegetation, primarily Australian pine (Casuadruan equisetfolia). Australian pine also dominates the dikes around the mangrove swamps (which are virtually impenetrable due hurricanes and fallen pines), as well as the uplands located between the mosquito impoundments/mangrove swamp and the landward or western limits of the beach dune system. This area is highly disturbed and dominated by an invasive canopy of Australian Pine, a subcanopy of Brazilian Pepper and Scaevola (beach naupaka), and a ground cover of pine needles_ This is the main upland area proposed for development. FLUCFCS 612 Mangrove Swamps (13.0 +/- acres) There are two mosquito impoundments located on the east side of S.R. A-1-A that are actively managed by St_ Lucie County. The mosquito impoundments are hydrologically separated from a saltwater basin by a man-made berm_ The basin is connected to the Indian River Lagoon via an on -site culvert that allows tidal flow to occur under A-1- A. The two mosquito impoundments have no direct on -site connection to the Lagoon. Water quality in these impoundments is poor. Culverts are proposed as part of this project to improve water quality in these areas. The primary species observed in the impoundments are red and black mangroves, and less than one percent white mangroves. The mangroves observed within these areas are smaller in size and of lesser vitality compared to the mangroves located adjacent to the basin and lagoon. There are two mosquito impoundments within the western portion of the project areas that are connected to the Lagoon via an off -site culvert. These mosquito impoundments are predominantly composed of red, black and white mangroves FLUCFCS 710 — Beaches Other Than Swimming Beaches (7.74+/- acres) The beach community comprises 9.12 +/- acres of the project site and is located between the Atlantic Ocean and the Australian Pine uplands, east of the impoundment mangrove swamp_ The dune has experienced erosion from wind and water. This has resulted in over -wash and the migration of sand into the Australian pine uplands and possibly the impoundments. The back -dune area has been greatly impacted by the invasion of Australian Pine_ The shading effect of these pines along with a dense mat of needles covering the ground, have restricted the growth of most native vegetation_ No wildlife tracks or sea turtle nests have been observed during site reconnaissance, however, sea turtle nesting occurs on the beach. FLUCFCS 740 — Disturbed Land (0.1+/- acres) The area of disturbed land is located west of S.R. A- 1-A in the northeast corner of the subject site. The St_ Lucie County Mosquito Control District accesses their impoundments from this disturbed area_ 3.2 Soils The 1980 U.S. Department of Agriculture (USDA)/ Soil Conservation Service (SCS) Soil Survey of St. Lucie County Area, Florida maps the following primary soil types on the subject site, Beaches, Canaveral Fine Sand 0-5% slopes and the Pompano Variant-Kaliga Variant association. A soils map of the site is included within the Appendixes. A description of the soil types excerpted from the SCS Soil Survey are included below; Beaches (9) — Consist of narrow strips of tide washed, very rapidly permeable sand along the Atlantic Coastline, which range from less than 100 feet to more than 500 feet in width. As much as half of the beach can be covered by water during daily high tides and all can be covered during storm events. The slope and shape commonly changes with every storm, but most have a uniform gentle slope to the water's edge. The water table ranges from a depth of 0 to 6 feet or more and the depth is highly variable depending on the distance from the water, height of the beach and effect of storms each year. Near the water's edge the sand is firm or compact, but further back it is drier and loose. Packet Pg. 171 9.B.i Beaches are made up of pale brown to light gray uncoated quartz sand grains, with some pockets or lenses of coquina shell or larger shell fragments. Canaveral Find Sand (10) — This moderately well drained to somewhat poorly drained, nearly level to gently sloping soil with 0 to 5% slopes is on low dune like ridges and side slopes that border depressional areas and sloughs near the coast. Sloes are smooth to concave in the sloughs and smooth to convex on the low dune like ridges. Surface layer is typically dark brown fine sane about 6 inches thick. The underlying material extends to a depth of 80 inches or more. The water table is between 10 to 40 inches for 2 to 6 months or more and is within a depth of 60 inches in most of the rest of the year. Available water capacity is very low and permeability is very rapid. Pompano Variant/Kaliga Variant (35) — This association consists of very poorly drained soils in tidal mangrove swamps in the Indian River. Kaliga is generally in the center of the swamps where organic material is the thickest and Pampano is on the outer edges. Slopes is less than 2%. Pompano Variant is fine sand that contains shell fragments and the surface is over an inch of undecomposed leaves and twigs. Below this surface layer is 8 inches thick, with the underlying material to a depth of 80 inches, which has low water capacity and rapid permeability_ The surface layer of Kaliga is black muck about 35 inches thick, which has high available water capacity and slow permeability. The water table is at or above the surface for most of the year. The occurrence of hydric soils is one characteristic used to define wetlands. According to the Hydric Soils of Florida Handbook (Florida Association of Environmental Soil Scientists, 1995), Beaches and Pompano Variant/Kaliga Variant association are generally considered Hydric. 4.0 WETLANDS AND OTHER SURFACE WATERS The presence or absence of wetlands was determined using the State Unified Methodologies in accordance with Chapter 62-340, FAC and 1987 Corps of Engineers Field Guide for Wetland Delineation. These methods take into account the prevalence of wetland vegetation, Hydric soil indicators and wetland hydrology. Surface waters include both natural man-made bodies of water, such as streams, lakes, ponds, canals and ditches. Aerial interpretation, ground truthing and soils information were utilized in determining the presence of wetlands on the site. Any impacts to these areas will be addressed during the Environmental Resource Permit Modification process. On -site wetlands total 13.0 acres, which constitute approx. 40% of the site. The on - site wetlands are part of the Mosquito Impoundment Areas that are managed by St. Lucie County. The wetlands are located on both the east and west portions of the site. The eastern wetlands are located in an area that is between State Road A-1-A and the Australian Pine uplands west of the dunes and total approx_ 9.9 acres. Invasive exotic species dominate the road frontage along S.R. A -I -A. A highly disturbed man-made berm (upland area) separates the wetlands from a saltwater tidal basin. There are no on -site connections of the impoundments to the Indian River Lagoon (IRL), however, the Mosquito impoundments are connected via off -site culverts to the north and south of the property. The culverts extend through adjacent properties and eventually cross S.R. A-1-A to the IRL. Water quality in the on site impoundments is very poor. 0 Packet Pg. 172 9.B.i New connections to the lagoon are proposed as part of this project. The saltwater basin is connected to the IRL via a culvert under S.R. A-1-A. There are two impounded mangrove areas within the western portion of the project area that total approx. 3.1 acres. These mangrove areas are connected to the IRL via and off -site culvert and they are predominantly composed of red mangroves, black mangroves and white mangroves. These mangroves are healthier that the mangroves east of S.R. A -I -A due to the tidal inundation of the IRL, however, they are not as healthy as mangrove within the saltwater basin or immediately adjacent to the IRL. 5.0 JURISDICTIONAL CONTROL A current Environmental Resource Permit (ERP) has been issued by the Department of Environmental Protection (FDEP) for this project. The permit number is EI-56- 0264272-001, issued on May 18, 2012, valid until May 17, 2017, (see Appendix Q. Agencies coordinated with pursuant to that permit included the Florida Wildlife Commission, the United States Fish and Wildlife Service (USFWS) and the Florida Dept. of State, Division of Historic Resources. The project site contains approx. 13.0 acres of jurisdictional mangrove wetlands, which constitutes approx. 40 percent of the total site. These wetlands are actively managed mosquito impoundments and basins, for which the basins are hydraulically connected to the Indian River Lagoon via culverts. The impoundments are proposed for connections to improve water quality as part of this project. The original permit authorized approx. 0.60 acres of wetland impacts through the construction of the entrance roadway which paralleled the existing dike along the south side of the saltwater tidal basin. This proposed modification to the existing FDEP ERP will eliminate any direct impacts to the jurisdictional mangrove wetlands through the proposed construction of a bridge spanning the saltwater tidal basin_ As a result, no mitigation for direct wetland impacts as previously considered, will be necessary. However, please refer to Section 14.6 below for a discussion of proposed environmental project improvements accordingly, some of which may be negotiated for the proposed bridge permit modification. Army Corps of Engineers ERP coordination will also be required and is pending, although they have indicated according to personal communications by the property owner that they would have no issues with the project if all wetland impacts were eliminated as discussed and proposed above. The FDEP Bureau of Beaches and Coastal Systems is responsible for administering the State's beach management program to protect and restore the state's beaches and coastal systems. Any structures located east of the current 1988 Coastal Construction Control Line (CCCL) require a permit. The proposed project proposes two (2) major non -habitable structures east of the 1988 CCCL. These structures are the roadway and associated infrastructure and the gazebo at the dune crossover. The dune crossover itself is actually a minor structure. No previous permit was obtained for these improvements, so permitting will need to be initiated. Individual lot owners or program builders will be required to obtain individual CCCL permits for the homes in accordance with the permit issued for the subdivision. VA Packet Pg. 173 9.B.i 6.0 BUILDING ELEVATION A copy of the current Federal Emergency Management Agency Flood Insurance Rate Map is attached as Figure 5. The project is located on Firm Panel 1211C0194G, revised November 4, 1992. The majority of the site is in Zone AE with elevations ranging from 7 to 10 feet during the 100 year storm depending on the location within the project site. The easternmost portion of the site is located in Zone VE (EL 12), where the area is a flood zone with a velocity hazard (wave action) and the base flood elevation has been determined to be 12 feet. House will be constructed in accordance to the FDEP Coastal Construction Control Line Program and the Florida Building Code_ See Figure 4 7.0 STORM OVERWAH/DUNE BREACHING The beach community comprises approx. 7.74 acres of the project site and is located between the Atlantic Ocean and the impoundment mangrove swamp. The dune has experienced significant erosion from wind and water. This has results in over -wash and the western migration of sand into the mosquito impoundment. The dune restoration phase of the project will enhance the beach/dune area by removing invasive exotic vegetation (Australian Pine) and re -vegetating the dune with native species (sea oats and railroad vine). 8.0 FEDERAL AND STATE PROTECTED SPECIES SURVEY FNAI determined that portions of the site appear to be located on or near Potential Habitat for Rare Species. This potential habitat is associated with the known occurrence of Johnson's seagrass (Halophia johnsonii), leatherback turtles (Dermochelys coriacea), green turtles (Chelonia mydas) and loggerhead turtles (Caretta caretta). Johnson's seagrass may or may not exist in the saltwater basin (to be determined during future bridge permitting), and adjacent to the IRL which is not within the limits of construction excluding the proposed dock (to be determined during future permitting). Based upon FWC's website, documented turtle nesting has occurred onsite. During field reconnaissance no indicators, such as turtle tracks or turtle nests, were observed on the site, however, sea turtle nesting occurs on the beach. A Sea Turtle Protection Plan (STPP) has been prepared for the site and is available under separate cover. The Burrowing four-o'clock (Okenia hypogaea) is a State listed endangered plant and is listed by FNAI as occurring on the subject site in 1983. This species was not observed during field reconnaissance. The existing area is dominated by Australian Pine, other non-native and exotic vegetation and less than one percent (i%) coverage of native plants such as the rare outlier mangrove (Rhizophora mangle) located outside of wetland jurisdictional limits, buttonwood (Conocarpus erectus) and sea grape (Coccoloba uvifera) occur. Based upon observation made during the site reconnaissance, it is likely that several species of State and/or Federally listed wading birds utilize the site, however, no nesting was observed during the field reconnaissance. 8 Packet Pg. 174 9.B.i 9.0 ENDANGERED, THREATENED AND SPECIES OF SPECIAL CONCERN Prior to field reconnaissance, the following documents were reviewed; • A listing of state and federal protected species known to occur in St. Lucie County per the Florida Natural Areas Inventory (FNAI). • A listing compiled by the Florida Fish and Wildlife Conservation Commission (FWC) and • the US Fish and Wildlife Service (USFWS) of federal & state protected species. • Eagle nest and wading bird data compiled by the FWC Information from the FNAI website, a listing of federally and state listed species known to occur in St. Lucie County is included within Appendix b. The FNAI, the Florida Dept. of Agriculture and Consumers Services Notes on Florida Threatened and Endangered Plants, and Richard Wunderlin's Guide to Vascular Plants of Florida were consulted to assess habitat requirements for each protected species. Based upon review of the FNAI and FWC data and an assessment of habitat availability, listed species may occur on the project site. 10.0 SURFACE WATER MANAGEMENT PLAN The proposed project will be permitted through the FDEP as a modification to the permit issued in 2012 and designed under the criteria established in Section 62- 330(4) for stormwater quality and peak discharge. The post development peak discharge from the site will not exceed the pre -development discharge rates established within the existing permit for the 25 years, 3 day storm event. The site will provide water quality for the greater of the lst inch of runoff or 2.5 times the percent impervious. A combination of dry swales, exfiltration trench and dry detention ponds are proposed to meet the water quality and quantity requirements. The discharges will be to on -site wetlands, which will then be hydraulically connected to the IRL. The project will also be presented to the U.S. Army Corps of Engineers along with the existing F.D.E.P. E.R.P. (and the future bridge access and dock modification) showing State Water Quality Certification for sign off. A conceptual site plan for the project, as well as a conceptual drainage plan, with site data is attached to the EIR as Appendix C. 11.0 SEA TURTLE PROTECTION PLAN (STPP) A Sea Turtle Protection Plan (STPP) has been prepared for the project and is available under separate cover. 12.0 SHORELINE STABILIZATION PLAN There are no activities proposed that would result in shoaling or erosion on or in the vicinity of the project site. Best Management Practices (BMP) will be utilized to control erosion during construction. Erosion Control measures utilized during site grading activities will include silt fences, hay bales and floating turbidity barriers. The proposed dune crossover will be designed in accordance with FDEP guidelines. The applicant proposes to restore the dune to an elevation of approx. 15 feet along the entire length of the property. The dune will also be planted with native species to prevent further erosion. 0 Packet Pg. 175 9.B.i 13.0 GOPHER TORTOISE PROTECTION PLAN No gopher tortoises or burrows were observed on -site. No additional surveys are recommended due to the lack of suitable gopher tortoise habitat on the site. 14.0 IMPACT ASSESSMENT 14.1 Vegetation Approximately 11.6 acres of Australian Pine will be impacted on -site for the construction of project access and the construction the building lots. There will be no impacts to the jurisdiction wetland swamp proposed with the project layout. 142 Wildlife The mosquito impoundments may be utilized by fish, wading birds, osprey, raccoons, bobcats, mangrove and land crabs, etc. Based upon observations made during site reconnaissance, it is likely that several species of State and/or Federally listed wading birds and sea turtles will utilize the site as well. Although expected to be minimal and of no impact, potential disturbance to those species will be addressed during the balance of the permitting process. 14.3 On -Site There are no proposed impacts to the jurisdictional wetland swamp. 14.4 Off -Site No off site impacts are proposed 14.5 Impact minimization Federal, State and Local requirements have been considered during the preparation of the site plan. The Coastal Construction Control Line precludes use of the portion of the site from the 1988 CCCL to the Atlantic Ocean, which essentially precludes the use of approx. 7.74 acres of the site. Lot sizes, building setbacks, zoning, landscape and buffering requirements have been considered based upon the St. Lucie County Land Development Code and Comprehensive Plan_ The site plan demonstrates the elimination of wetland impacts through the design of a bridge structure spanning the saltwater tidal basin and reducing the north -south roadway from 50 ft. to 30 ft. Bulkheads will be used to further minimize direct wetland impacts that required sloped fill from the limits of the construction area to the edge of the wetlands. [K Packet Pg. 176 9.B.i 14.6 Impact mitigation. The project as re -designed has no direct impacts to the jurisdictional wetlands located on site at this time. The proposed bridge and dock, and any effects, will be addressed in future permitting modifications. The only impacts that have resulted in the re -design of the project is a loss of upland buffer (±0_57 acres) required adjacent to the jurisdictional wetlands by the St. Lucie County Land Development Code and Comprehensive Plan (refer to Appendix F, conceptual drainage plan for buffer site data). The applicant is proposing to conduct the restoration activities listed below which includes the following mitigation in anticipation of the proposed bridge and dock, as well as the shortfall in acreage for the County buffer requirement; • Removal of all invasive exotic vegetation on -site and within the wetlands. • Connect the existing wetland impoundment -north of the saltwater tidal basin on the east side of S.R. A-1-A to the tidal basin on the west side of S.R. A-1-A to increase flushing and improve water quality. • Connect the existing wetland impoundment south of the saltwater tidal basin on the east side of S_R. A-1-A to the tidal basin on the west side of S.R. A-1-A to increase flushing and improve water quality. • The existing purchase of 1.0 dual credit in the Bear Point Mitigation Bank (Appendix M • Restoration and re -planting of the required upland buffer adjacent to the wetlands in accordance with St. Lucie County requirements. 11 Packet Pg. 177 I 9.B.1 I 1 1 � nUCFCS 740 __ ---- -- 1 UARCH 2A 1916} ' n CFCS 612, PKPOSEO ENiW4W 6 NkNOVE o swum as 00 .� oZ o� e�m� na>xuoavfMe�+�+�i TIYZEY4Ctl6 (nrlk Wuw-xl wbiwiYi+w�iml.ncl - .Mm6muYy.nm PF"TF,R J. K/2IIVSKY, C.L4 p. .F wm M-6%-0-1F mom. „w, 2014 �r n 4 vs 1 L�KAN= HlJIG7iWE \wt7L44O. SWAMP kLUCFCS 612\` �PROP054O oiruuuE�o - - - - KkAMD swat nuCFCS .612 e't a 711 Nex as (rs. P. xa) sTrrweLr+ +s. ,seal COVE LOT YACIJIE 4400 BELLE GROVE DMV E FI. PIERCE, FL 34981 PHONE: 772-530-8761 Vadyko eslgn coup, LLC FAX: 772-464-1393 englnpod225@aol.com C.A. No. 28610 ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS 5£A.ANAL - WATER LWE (SIEML, EL-5. (NAW 4 — L9CATLp A�Na�sT an1 FIGURE SUNSET BEACH P. 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ENVIRONMENTAL IMPACT REPORT PROPOSED SITE PLAN a Packet Pg. 180 1 92.1 LkA" a m vn 0 a c E a 0 r c SITh a L 0 �. m r r � O U) Lu Q N V i iF cif tii• � 1►li111i�. u an,.swrr+wr...rr Q. *� E E r- 0 L W '1]+ 2Hi.nal0ld....T.e1 Yrz�ln�ayxry lt.11 uhu�l � .� Yclniai:lekw'tiw„wm �� � �� �� m PG77;'RI KRINSK Y, C.B'.P-' "LPN a:vmf56', 9MRA� W: �o E i�� A.+,'iw4+Y'v��rylk„kl %x u,u,�. (n�wul P[rminni@ `„i cu 4400 BELLE CiROVf'])IU'VL SUNSET BEACH P. U. D. a FT. PIERCE, FL. 34981 Vadyko PHONE:772,530.8261 ENVIRONMENTAL IMPACT REPORT eszgn FAX 772-46,4-1383T2 coup, LLC enginpod5@aolcom C.A. Nu. 28610 F. E. M. A FIRM MAP ENGINEERS, PLANNERS &- CONSTRt-CTIC?N MAIVA(iERS Packet Pg. 181 9.B.i APPENDIX A SHPO LETTER 12 Packet Pg. 182 FLORIDA i)EFW7viEFTT C7FW'A"�E M Glonda �E Hood : lei iaxv.of;Staie a Mr. Thomas J-. Carty June 2, 2005 Panamerican Consultants, Inc. 591:.0 i3enjamin Center Drive, Suite 120 Tampa, FL 33£34 Re:. DH.R Projzot t''i e No . 20Q 52W{2W5-2922_ Ree ved by N1a r 25 I} ' An Archaeological Reeonria'ss me.,Surue}t 4me. ift-St Lt iir Coumy, r1oriria vep:arttnettt of nViM. rXtal I otwitm Appl oatro>t l o ,?6 MOW. Carty: Gor°Wise reeoived and re,6ewo the above referenced serve ��ft- x�orda��rs:W1 procod4rcs outlined .in. Chapters 267 and 3-73: of the .Tlorida Statures, for Oe�e it o'dit es!Wespb �aic (any+.prehi.storie or historic cli trret, t rti d s eiuro, or t i r ;Ti tttid _or olob -tor.l to is-tho- ,Iat atrizf-keg tet tzf Z�istor€c ayes (1ti�F�t'�, LLM? t r and.Iulilstern rxog� ; (Tax 1?�l ut e> 25 1 1 a i 3-1 4f 1 c� g:tlte nvetige#ion. pardon ofthtSouth Beach #t`i Si%{S LI j; apielrrsl4r[cs l.MM the dj r eet: area:: iC'I was.unabkto relocate. -portions of-M15 du m Mt V opinion of:PCI that-SSL15 consistcd-of spoil Hiles mistaken for at 0 im:i bun& or shetl4iii a ,. X is the opinion of PC[ that the posed developiaient will have no eflM da' ,.00 fit res gees �tot�d: or. : elrgiblc for. listing :in the lWl ' or ot°hemise of:hWoriba1, aIS Wg-,1 �F'd� �W*OOtGf R1gjWcva1ue. M 0 recommends no further investrgation of :the subject Parcel. � Based on the information-provid(4- our -office concurs whir thew deter inatsons gnd Mds th6 sab'' 'twd M-P �----oomplete.and suffreieirt nr a eft 'r itli .. to IAA-6-� co 0. E if ycs°u. Dave auy quesh oil conCeriii czar uortrien#s, please Carr I�ttif iOrtc rtss — Specialist, by phone at {.$5D},245-6M. ) dx by ele&-onk mail- tetrad t f sA ocir writ need > c intmest lies ProtectingIt'lo MS' histet o-pxt perties 10, apprectato&- - - -: ieely, c c L .�r�£s+Fii.a..- - Y-)_. •ir -s •`-, �-A-v..,1R-44..J'L.... -' - W 1 ,P - FredpOrick. P. l-Jaske, Director ialr( F o0 i 'State-Mstorir- Preservation iif ar - E 500 S. iiroitomgb-$trOet .:- `t'alhihassee;...� f 323994290•: fifth,/ sFw• *eIrit :. [T-M eWes-Office MAx6aealusiml-Reaemb � sHoz}c�t�e�a�u�t� �3.��inr�ea�i57iuse�ms: M Q (85t#)3�-63Citt • TAX: 25 r,43G (BQ)b. i;3C: 25646 (8�63-25-b3 :a7 1j:25 fEi OAX .3 €3:Southeast.Regional(jffiee i31VUztheast iiewonal.Office (roe: C �[l. (954) 4674990 -:rA).,: 467-49% (9041.5 SQ45:• PAX 825= i144 40 Packet Pg. 183 9.B.i APPENDIX B FNAI ST. LUCIE CO. SPECIES TRACKING LIST Packet Pg. 184 FNAI - Search Pa tracking list ABOUT FNAI STAFF PARTNERSHIPS CONTACT US tracking list ST. LUCIE COUNTY 102 Total Elements Found Last Updated: 3une 2014 Key Scientific Name is linked to the FNAI Online Field Guides when available. 4 - links to NatureServe Explorer, an online encyclopedia of more than 55,000 plants, animals, and natural communities in North America, compiled by the NatureServe network of natural heritage programs, of which the Florida Natural Areas Inventory is a member. - links to a species distribution map (Adobe SVG viewer required). If your browser does not support Adobe SVG, try this link New Search SEARCH RESULT'S NOTE: This is not a comprehensive list of all species and natural communities occurring in the location searched Only elements documented in the FNAI database are included. Plants and Lichens Scientific Name Argusia gnaphalodes Chamaesyce cumulicola Coelorachis tuberculosa Conradina grandiflora Dicerandra immaculata Glandularia maritima Halophila iohnsonii Harrisia fragrans EXPLANATION Global State Federal State Common Name Rank Rank Status Status Sea Lavender G4 S3 N LE —� Sand -dune Spurge G2 S2 N LE Piedmont Jointgrass G3 S3 N LT a Large -flowered Rosemary G3 S3 N LT Lakela's Mint G1 S1 LE LE •,� Coastal Vervain G3 S3 N LE Johnson's Seagrass G2 S2 LT N Fragrant Prickly Apple G1 Sl LE LE Packet Pg. 185 http://fnai.org/biotiessearch.cfm D FNAI - Search Lechea cernua Okenia hypogaea Peperomia obtusifolia Polygala smallh Pteroglossas,ois ecristata Schizachyrium niveum Tephrosia angustissima var. curtissh -� Nodding Pinweed G3 S3 N LT -� Burrowing Four-o'clock G3? S2 N LE -� Blunt -leaved Peperomia G5 S2 N LE -, Tiny Polygala G1 S1 LE LE Giant Orchid G2G3 S2 N LT Scrub Bluestein G1G2 S1S2 N LE Coastal Hoary -pea G1T1 S1 N LE Clams and Mussels EXPLANATION Global State Federal State Scientific Name Common Name Rank Rank Status Status n Florida Rainbow G3 S3 N N Villosa amygdala Crabs, Crayfishes, and Shrimps EXPLANATION Scientific Name Common Name Global State Federal State Rank Rank Status Status Goniopsis cruentata '� Mangrove Crab G5 S3S4 N N Mayflies EXPLANATION Scientific Name Common Name Global State Federal State Rank Rank Status Status A Mayfly G3G4 S3S4 N N Stenacron floridense � � Grasshoppers and Allies EXPLANATION Scientific Name Common Name Global State Federal State Rank Rank Status Status Melanoplus indicifer East Coast Scrub G1G2 S1S2 N N Grasshopper Beetles EXPLANATION Scientific Name Geopsammodius hydropicus Global State Federal State Common Name Rank Rank Status Status -- Atlantic Dune Tiny Sand- G2G3 S1S2 N N loving Scarab Sand Pine Scrub Ataenius G3G4 S354 N N http://fnai.org/blotiessearch.cfm Packet Pg. 18E FNAI - Search Pa' Haroldiataenius saramari Phyllophaga elizoria Fishes -� Beetle Elizoria June Beetle G2 S2 N V EXPLANATION Scientific Name Common Name Global State Federal State Rank Rank Status Status Awaous banana River Goby G5 SiS2 N N Balydiella sanctaeluciae � � Striped Croaker G5 S2 Sc N Gobiomorus dormitor +� � '1 Bigmouth Sleeper G4 S2 N N Microphis brachyurus Opossum Pipefish G4G5 SZ SC N Rivulus marmoratus Mangrove Rivulus G4GS S3 SC SSC Amphibians EXPLANATION Scientific Name Common Name Global State Federal State Rank Rank Status Status Lithobates capito Carolina Gopher Frog G3 S3 N SSC ies Scientific Name Alligator mississippiensis Caretta caretta Chelonia mydas Crotalus adamanteus Dermochelvs coriacea Drymarchon couperi Eretmochelys imbricata Gonheras DolvDhemus Lampropeltis getula EXPLANATION Global State Federal State Common Name Rank Rank Status Status American Alligator G5 S4 SAT FT (S/A) Loggerhead Sea Turtle G3 S3 LE, LT FT Green Sea Turtle G3 S2 LE FE Eastern Diamondback G4 S3 N N Rattlesnake -� Leatherback Sea Turtle G2 SZ LE FE Eastern Indigo Snake G3 S3 LT FT •� Hawksbill Sea Turtle G3 S1 LE FE -,� Gopher Tortoise G3 S3 C ST Common Kingsnake G5 S2S3 N N Kemp's Ridley Sea Turtle G1 S1 LE FL bttp://fnai.org/biotiessearch.cfm Packet Pg. K7 3/21201 > FNAI - Search Lepidochelys kempii Pituophis melanoleucus muoitus Sceloporus woodi Birds Scientific Name Anhelocoma coerulescens Aramus Auarauna Ardea alba Ardea herodias occidentalis Athene cunicularia floridana Buteo brachyurus Caracara cheriway Charadrius melodus Egretta caerulea Egretta thula Egretta tricolor Elanoides forficatus Eudocimus albus Falco columbarius Falco peregrinus Falco s arverius paulus Fregata magnificens Grus canadensis pratensis Haemato us palliatus Florida Pine Snake Florida Scrub Lizard G4T3 S3 N SSC G3 S3 N N EXPLANATION Common Name Global State Federal State Rank Rank Status Status Florida Scrub -Jay G2 S2 LT FT Limpkin G5 S3 N Great Egret G5 S4 N Great White Heron G5T2 S2 N Florida Burrowing Owl G4T3 S3 N Short -tailed Hawk G4G5 S1 N Crested Caracara G5 S2 LT -� Piping Plover G3 S2 LT Little Blue Heron G5 S4 N -,� Snowy Egret G5 S3 N Tricolored Heron G5 S4 N Swallow-tailed Kite G5 S2 N -' White Ibis G5 S4 N -� Merlin G5 S2 N •,� Peregrine Falcon G4 S2 N Southeastern American GST4 S3 N Kestrel -� Magnificent Frigatebird G5 S1 N •,� Florida Sandhill Crane G5T2T3 S2S3 N American Oystercatcher G5 S2 N Bald Eagle G5 S3 N SSC N N SSC N FT FT SSC SSC SSC N SSC N N ST N ST SSC N Packet Pg. 188 http :/1£nai. orglbiotics search. cfm FNAI - Search Haliaeetus leucocephalus a Helmitheros vermivorum '� Worm -eating Warbler G5 S1 N N Hydroprogne caspia 4 `1 Caspian Tern G5 S2 N N Ixobrychus exNis �4 F1 Least Bittern G5 S4 N N Laterallus jamaicensis Black Rail G3G4 S2 N N 6Wood Stork G4 SZ LE FE Mycteria americana NyCtanassa violacea Yellow -crowned Night- G5 S3 N N heron Black -crowned Night- G5 S3 N N Nycticorax nycticorax heron � � Osprey G5 S3S4 N SSC* Pandlon haliaetus Pelecanus occidentalis � Brawn Pelican G4 53 N SSC Bachman's Sparrow G3 S3 N N Peucaea aestiva!!s Hairy Woodpecker G5 S3 N N Picoides villosus Roseate Spoonbill G5 S2 N SSC Platalea aiaia z !� � Glossy This G5 S3 N N Plegadls falclnellus -,� Florida Clapper Rail G5T3? S3? N N Rallus longirostris scotdi '` Snail Kite G4G5T2 SZ LE FL Rostrhamus sociabilis plumbeus Black Skimmer G5 S3 N SSC Rynchops niger Setophaga discolor paludicola Florida Prairie Warbler G5T3 S3 N N American Redstart G5 S2 N N Setophaga ruticilla !� '1 Least Tern G4 S3 N ST Sternula antillarum Royal Tern G5 S3 N N Thalasseus maximus Sandwich Tern G5 S2 N N Thalasseus sandvicensis � � Black -whiskered Vireo G5 S3 N N Vireo altiloquus Mammals EXPLANATION I Scientific Name Common Name Global State F http:// fnai.org/biotiessearch.cfm Packet Pg. 189 5 FNAI - Search Pa 9.B.i Rank Rank Status Status Neofiber alleni Perom scus i2olionotus niveiventris Podomvs floridanus Sciurus niger shermani Trichechus manatus -� Round -tailed Muskrat G3 S3 N N Southeastern Beach G5T1 S1 LT FT Mouse a -.1 Florida Mouse G3 S3 N SSC 0 Sherman"s Fox Squirrel G5T3 S3 N SSC a Manatee G2 S2 LE FE E Natural Communities DESCRIPTION EXPLANATIO Scientific Name Common Name Global State Federal State Rank Rank Status Status Basin marsh G4 S3 N N Basin swamp `j G4 S3 N N Beach dune G3 S2 N N Blackwater stream '� G4 S3 N N Coastal strand G3 S2 N N Depression marsh '1y G4 S4 N N Floodplain marsh G3 53 N N Hydric hammock ''� G4 S4 N N Mangrove swamp ` G5 S4 N N Maritime hammock G3 S2 N N Mesic flatwoods G4 S4 N N Scrub G2 S2 N N Wet flatwoods G4 S4 N N Other Elements EXPLANATION Scientific Name Common Name Global State Federal StateRank Rank Status Status Sind Rookery G5 SNR N N Manatee Aggregation Site 'il GNR SNR N N httpJ/fnai.org/bioticssearch.cfm Packet Pg. 190 3/2/2015 FNAI - Search Pa� 9.B.i w IL z m m m T m c Cn T LO T 0 N Co W O N r t� m C. E c� C d E C O L C W m yr d E s u m Q Packet Pg. 191 http:l/fnai.org/biotiessearch.cfrn 3/2/2015 9.B.i APPENDIX D MITIGATION BANK CREDIT RESERVATION Lo r O N W d' 15 Packet Pg. 192 9.B.i � -4 0 -�-1 � WaTIGATION BANK CREDIT NATION GRIT TWS made and entered into this 477'f� day of AkRc , 2M6, by and between ST. LUCM COUNTY, a political subdivision Of the State of Florida, MGUn , whose address is 2300 V-vgtnm Avenue, Fort Fierce, Florida, 34982, and SINSW MACH XXV LJLC� , a Georgia limited liabxfity corporation,, eloper"), whose address is 207 Carson's Creek Drive, DawsonviIle, GA 30534. ,-11111111111 �$i��' _ _ t- r r * e' er i'ril :•. f I '07 I'm s r•:r7.1re r ■ WHERFA►8, the Developer is the owner of certWn property lymg is the Ba"s Mi igalion Service Area,Mite'j; and, the Dcvek4xw intends to develop the Site in a manner - consistent with ail Ideal, state, arid federal regtdabons; and, the Devdoper desires to reserve one dusi State and Federal tr r.�; e.a e M .r r, t !f - � a:-■ =��+i a rrr �:- s' r � � w r a a:� r At r too .:.e r' r f s� ai a ■:� `t r �-i• 3 e.r .3 ='i: lE - .i�r sf ilr,� a :..�.� - •re :..r - a. re - t • r r a rr - ea ee � E.■ t� E fr r E_ ► ri �, �- �!_ t;,.. i. The � ty Project as set forth I s . a u%dge aL7- _ -XI to Jan -nary i, or ar)m-oval of the Plotida Deb, 0 reservation- Shah begin on fn-ht i venod of two F2l veers from the date o Chas the Driior written amVement of the des. State Credits for the 4 LJ-C._ The parties 3 Protection. `-`he, term of this above and shall vcmtmue for a A2rcement. subiect to extension -anon 2.. In consideration of such reservation. the -oar-ties acknowledge and agree that the Develorwer has rand the County a non-refundable reservation fee _}_ Packet Pg. 193 9.B.i ("Reservation Feel in the tatai amount of twenty-one thousand nine hundred and 001100 dollars ($21,900.00) based upon twenty-five percent (250/)of the current price of the reserved Credits upon the date of this Agreement as set forte in the Reserved Credit Allocation. 3. It shall be the responsibility of the Developer to provide the regulatory agencies with a copy of the receipt or other acceptable proof kdicati ng rlesexvat m Of the Credits. 4. In the event the permits for the Property are issued, the parties shall enter into a M'idgation Bank Credit Purchase Agreement for the required number of Credits. The amount of the Reservation Fee shall be cre&ted against the Credit pum ase price. In the evert the permits for the Project are not issued, the County shall Mtain the ReserVaWa Fee and the Developer shall have no claim against the County for the Reservation Fee or the rMervied Credits. 5- Any disputes relating to interpretation of the terms of this Ament or a question of fact or arising under finis dement shall be resolved through good faith efforts upon the part of the Developer and the County. Any dispute which is not resolved by .mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent ,jurisdiction to be f-audulent, c'ouC , itrary, so grossly erroneous as to raecess�-LriiYPIY d►tY try substantial evidence. -r� S_ Prior to initiate v 1i�tioA4i"-n r ;\,� t,k;s agree to submit th mediation- The - i " - _ • a too 11 4' .a testimony i 11 C i !i • ■" :.• !+f ea �f r+ Ag'�-rrezxt, a parties for non -binding F a list of -certified ty. The fee of the owed by law, the mediation or any be admissible as disputed issue. Cleat between the pales with respect to the subject tttr(Cere4K� ., es al priorverbal or -written agreements between the partiesfereto. This Agreement may.anly be amended by written document, properly authMiZed, executed and delivered by both parties hereto. This Agreement shah be interpreted as a whole unit All interpretations shall be governed by the laws of the State of Florida. In t c event it is necessary for either- party to initiate legal action regarding this Agreement, t, venue shaII be in the Nineteenth Judia& G4mmt for 3L Lucie County, Florida, for _2- Packet Pg. 194 9.B.i claims under state law and the Southern Distniet of Florida for any dims which are justiciable in federal court. W WnM= W F, the Parties have used this Agreement tD be executed on the day first above wn iten. A'i'Y'E89: ATTBGT: ;1 i:R "CRETAR'!t"+. s U -3- 4. C.4UNrY rn LO r O N U) LU 0 a - CD U 0 0. E c CD c 0 L C LU W C CD E m U 2 Y Y Q Packet Pg. 195 9.B.i EXHIBIT "A" Dual cmmts IResery a Fee Remaining Cosh Fatal Cost 1.0 $21,900-00 . $65,700,00 $57, .00 Packet Pg. 196 9.B.j APPENDIX C F.D.E.P. ERP #EI-56-0264272-001. 14 Packet Pg. 197 9.B.j Florida Department of Environmental Protection Southeast District Office 400 X Congress Avenue, Suite 200 West Palm Beach, FL 33401 561-681-6600 Permittee/Authorized Entity: Sunset Beach Investments, LLC c/o Cliff Kennedy, Managing Member 1815 Satellite Blvd., Suite 504 Duluth, Georgia 30097 Project Name: Sunset Beach Residential Development Authorized Agent: Jennifer Simkins Kimley-Horn and Associates, Inc., 10521 SW Ctr. Drive Port St. Lucie, FL 34987 email.: leruufer.Simpkins@kirinley-horn.com. ERP Processor. Indoit Jagnarine, P.E. Consolidated Environmental Resource Permit Rick Scott Governor Jennifer Carroll Lt_ Governor Herschel T. Vinyard Jr. Secretary State-owned Submerged Lands Authorization - The activity qualifies for a letter of consent to use sovereignty, submerged lands. U.S. Army Corps of Engineers Authorization - Applicable - The i SACE may require a separate permit. Permit Number: EI-56-0264272-001 Permit Issuance Date: May 18, 2012 Permit Construction Phase Expiration Date: May 17, 1017 wF mdep state fT.us Packet Pg. 198 9.B.j CONSOLIDATED ENVIRONMENTAL RESOURCE PERMIT AND SOVEREIGNTY SUBMERGED LANDS AUTHORIZATION Permittee: Sunset Beach Investments, LLC Permit No: EI,56-0264272-001 Project Name: Sunset Beach Residential Development AUTHORIZATIONS This permit is issued under the authority of Part W of Chapter 373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.). The activity is not exempt from the requirement to obtain an Environmental Resource Permit_ Pursuant to operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C., the Department is responsible for reviewing and taking final agency action on this activity. ACTIVITY DESCRIPTION: The purpose of the project is to perform the following activities: (1) construct and operate a surface water management system designed to serve a 44--lot single family residential subdivision within a 29.15-acre parcel; (2) restore and preserve approximately seven acres of coastal dune habitat and construct an access walkway across it; and (3) permanently fill 0.67 acre of mangrove wetlands and temporarily impact 0.24 acre of mangrove wetlands for the construction of an access road with Z570 linear feet of bulkhead, drainage structures, and mosquito control structures. Approximately 22.7+/- acres of wetlands shall remain on -site. The project is located within the limits of the Coastal Construction Control Line (CCCL). In order to offset 0.91 acre of permanent and temporary impacts to mangrove wetlands, the permittee shall complete the following mitigation activities: (1) The permittee shall purchase one mitigation credit from the St. Lucie County Bear Point Mitigation Bank prior to commencement of construction. (2) The permittee shall enhance 7.8 acres of mangrove wetlands on the cast side of State Road AlA (M-East) by performing the following activities in accordance with the attached Exhibit 16/54 within two years following commencement of construction: A. install one, 24-inch C,A.P. culvert with a tide gate weir under the berm on the north and south side of the saltwater basin to provide tidal flow between the northern mangrove wetland impoundment and the tidal basin; B. install three, 24-inch R.C.F. culverts underneath State Road AIA and construct a pump station to facilitate enhancement activities by Packet Pg. 199 9.B.j Sunset Beach Investments, LLC Permit/Authorization No.: E1-56-0264272-001 Page 2 of 22 the St. Lucie Mosquito Control District, improve flushing of the wetlands in the impoundment south of the tidal basin east of State Road AlA, and improve flushing and tidal exchange between the wetlands east and west of State Road AlA, C. remove all exotic and nuisance plant species listed on the current version of "The Florida Exotic Pest Plant CounciFs List of Invasive Plant Species" (2007 version attached) from all on -site wetland areas and replant the areas with appropriate native wetland vegetation. (3) The permittee shalt enhance 4.1 acres of mangrove wetlands on the west side of State Road AlA (M-West2) by installing three, 24--inch R.C.P. culverts north of the saltwater basin per Exhibit 16/54 within two years following commencement of construction that will create a connection to the wetlands east of State Road AlA. Furthermore, the permittee shall remove all exotic and nuisance plant species listed on the current version of "The Florida Exotic Pest Plant Council's List of Invasive Plant Species" (2007 version attached) and replant the areas with appropriate native wetland vegetation per Exhibit 23/54 within two years following commencement of construction. (4) The permittee shall create 1.2 acres of upland buffer (M-Upland) per Exhibit 16/54, located adjacent to the wetlands east of State Road AlA and surrounding the saltwater basin by removing all exotic and nuisance plant species listed on the current version of "The Florida Exotic Pest Plant Council's List of Invasive Plant Species" (2007 version attached) and replanting the area with appropriate native upland vegetation in accordance with the attached mitigation and planting plan (Exhibits 17 through 22/54) within two years following commencement of construction- (5) The permittee shall restore 1.3 acres of mangrove wetlands on previously altered sovereignty submerged lands (M-West), located west of State Road AlA, by removing all exotic and nuisance plant species listed on the current version of "The Florida Exotic Pest Plant Council's List of Invasive Plant Species" (2007 version attached), scraping down the land to intertidal elevations contiguous with adjacent mangrove wetlands, and replanting the area with appropriate native wetland vegetation in accordance with the attached mitigation and planting plan (Exhibits 16, 23/54) within two years following commencement of construction. (6) Prior to any construction activities in uplands or within wetlands or surface water, the permittee shall record with St. Lucie County the attached conservation easement granted to the State of Florida Department of Environmental Protection encompassing 20.23 acres of on - site existin& restored, and enhanced wetlands and coastal dune habitat. "More Protection, Less Process " www dep.stafe. f7.us Packet Pg. 200 9.B.j Sunset Reach Investments, LLC Permit/Authorization No.: EI-56-0264272-001 Page 3 of 22 (7) The permittee shall monitor and maintain all mitigation areas in strict accordance with the attached "Sunset Beach Maintenance and Monitoring Plan" (Exhibits 34 through 40/54). (S) All wetland areas and water bodies outside the specific limits of construction authorized by this permit shall be protected from erosion, siltation, scouring and/or dewatering. Erosion barriers shall be installed prior to any excavation or placement of fill material and shall be maintained in effective condition at all locations until construction is completed and disturbed areas are stabilized. Environmental Review: The 29.15-acre property is located on a barrier island approximately 4.75 mites south of Fort Pierce Inlet and 3.75 mules north of the St. Lucie Nuclear Power Plant. The project site is on the east and west side of State Road A1A, between the Atlantic Ocean and the Jensen Beach to Jupiter Inlet Aquatic Preserve (Outstanding Florida Waters). The residential development and surface water management system will be located on the east side of State Road A1A. The outfall from the surface water management system will discharge into a saltwater tidal basin east of State Road A1A and within the Jensen Beach to Jupiter Inlet Aquatic Preserve via its connection by a culvert through State Road Al A. Fill for an access road shall be placed on a man-made berm and adjacent wetlands on the south side of the tidal basin Minor activities associated with culvert installation and turbidity screen placement will occur along the shoreline of the saltwater tidal basin adjacent to the berth. Mitigation enhancement and restoration activities will occur on the east and west sides of State Road A1A. Upland fill removal and exotic/nuisance vegetation removal will occur on disturbed uplands adjacent to the tidal basin and the Indian River. SURFACE WATER SYSTEM DESIGN: Background: The applicant, Sunset Beach Investments, LLC applied on Apri15th, 2006, to the Department of Environmental Protection for a permit/water quality certification to construct and operate a surface water management system to serve the proposed residential development. The Department has jurisdiction of Environmental Resource Program (ERP) permitting because the project is, in part, located seaward of the Coastal Construction Control Line. A permit is also required from the Departrnent's Office of Beaches and Coastal Systems. Total Applicant -Owned Area: 29.15 acres Drainage Area:10.6 acres Drainage Basin: Atlantic Ocean `More Protection, Less Process " wwiv.dep.statefl.us Packet Pg. 201 9.B.j Sunset Beach Investments, LLC Permit/Authorization No.: EI-56-0264272-001 Page 4 of 22 Existing Drainage: The site is currently undeveloped and runoff sheet flows towards the Middle Cove saltwater basin a.k.a. Joe's Point which outfalls into the Indian River Lagoon via an. existing 42 inch culvert. Proposed Facilities: The purpose of the proposed work is for construction and operation of a surface water management system to serve the 44-unit single family residential subdivision. The proposed surface water management system includes an exfiltration trench system and two dry detention systems that will provide for water quality treatment and attenuation prior to discharge into on -site wetlands and to Joe's Point. The site discharges ultimately via the existing 42-inch culvert to the Indian River Lagoon. Basin Information Area ISTT Elevation Normal/ Dry Ctrl Method of Sarin (acres) (feet Elevation Determination (feet N.G. D.) N.G.V.D. Developed site 10.6 2.0 2.0 Soil Surve /Tidal Discharge Rate: The proposed surface water management system has been designed for the 25-year, 3-day storm with discharge to on -site mangrove wetlands and to Joe's Point at the pre -developed rate. Design Storm Frequency: 25-year, 3-day Rainfall:10.0 inches Design Allowable Method of Design Design Stage Basin Discharge Determination Discharge (feet N_G_V.D.) cfs cfs Developed site 1 24.5 1 Pre -developed 24.3 7.25 rnax Discharge Structure: Structure No. Description Elevation (feet N.G.V.D.) Discharge Culvert C501 Modified Top of Grate (0 7.0 feet 35 linear feet of 30- Inlet 12-inch weir w/invert @ 5.0 feet inch culvert to Joe's 3-inch circular bleeder w/invert @ 2.0 Pond feet CS# 2 Modified Top of Grate @ 39 feet 17 linear feet of 15- Inlet 12-inch weir w invert 0 3.75 feet inch RCP culvert to "More Protection, Less Process wwi1.dep.state fl.us Packet Pg. 202 9.B.j Sunset Beach Investments, LLC Permit/Authorization No._ EI-56-0264272-001 Page 5 of 22 3-inch circular bleeder w/invert @ 12.0Fwetlands.feet CS# 3 Manhole 15-inch wear w/invert @ 5.5 feet linear feet of 15- 3-inch circular bleeder w/invert @ h CMP to Joe's 2.0 feet d Water Quality: Water quality treatment volume of 150% of the required treatment volume is provided in exfiltration trenches and dry detention basins, Area Volume Volume Site (acres) Treatment Method Required Provided (acres-feet)acres-feet Basin 1 6.47 dry detention 0.610 0.610 Basin 2 1,00 dry detention 0.100 0.100 Basin 3 3,10 350 linear foot exfiitration 0.291 0.241 trenches Finished Floors: Proposed rninimurn finished floor elevations have been set at or above the 100-year, 3-day stage calculated at 8.5 feet N.G_V.D, or the elevation dictated by the Bureau of Beaches and Coastal System whichever is greater. Cultural and Historical Resources: The State Historic Preservation Officer has determined that the project will not have an effect on cultural resources of historic, architectural, or archaeological value. Proposed Land Use: Forty-four (44) single-family residential lots. System Operation: Sunset Beach Homeowner's Association, Inc. Water Use Permit Status: A water use permit has not been applied for. Potable Water and Wastewater Systeni/Supplier: Fort Pierce Utilities Authority will provide potable water service and St. Lucie County Utilities will provide wastewater service. Save Our Rivers: This project is not within or adjacent to lands under consideration by the Save Our Rivers program, Swim Basin: This project is located within the Indian River Lagoon Swim Basin and Jensen Beach to Jupiter Inlet Aquatic Preserve. "More Protection, Less Process " www.dep.stafefl.us fl.us Packet Pg. 203 9.B.j Sunset Beach investments, LLC Permit/Authorization No.: El-56-0264272-001 Page 6 of 22 Right -of -Way Permit Status: A Bight -of -Way permit is not required from the South Florida Water Management District. A Right -of Way, utility crossing, drainage, and driveway access permits have been submitted to the Florida Department of Transportation (FDOT) for the work within or dewat:ering to the State Road A1A Right - of -Way, Well Field Zone of Influence: This project is not located within the zone of influence of a wellfield. Primary Issues Resolved: Water quality, marine turtles, and mangrove mitigation_ The permittee is authorized to construct the activities described herein and as depicted in the attached exhibits 1-54. No construction shall commence at the project site prior to the recordation of the conservation deed The project described above may be conducted only in accordance with the terms, conditions and attachments contained in this permit. The issuance of this permit does not infer, nor guarantee, nor imply that future permits or modifications will be granted by the Department. State-owned Submerged Lands Authorization This activity also requires a proprietary authorization, as a portion of the activity is located on sovereignty submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund, pursuant to Article X, Section 11 of the Florida Constitution, and Sections 253.002 and 253.7 F.S. The activity is not exempt from the need to obtain a proprietary authorization. As staff to the Board of Trustees, the Department has reviewed the activity described above, and has determined that the activity qualifies for a letter of consent to use sovereignty, submerged lands, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. Therefore, consent is hereby granted, pursuant to Chapter 253.77, F.S., to perform the activity on the specified sovereignty submerged lands. Federal Authorization A copy of this permit has been sent to the US. Army Corps of Engineers (USAGE). The USAGE may require a separate permit. Failure to obtain any required federal permits prior to construction could subject you to enforcement action by that agency. Water Quality Certification This permit constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C.1341. ":More Protection, Less Process " wwsvdep.state fl.us Packet Pg. 204 9.B.j Sunset Beach Investments, LLC Permit/Authorization No.: E1-56-0264272-001 Page 7 of 22 Qthex Authorizations You are advised that authorizations or permits for this project may be required by other federal, state or local entities including but not limited to local governments and homeowner's associations. This permit does not relieve you from the requirements to obtain allother required permits or authorizations. In addition, you are advised that your project may require additional authorizations or permits from the municipality/county in which the project is located. Please be sure to contact the local county building and environmental department to obtain these required authorizations. PROJECT LOCATION The project is located adjacent to the Atlantic Ocean, Indian River, Middle Cove, and Joe's Pond, Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida Waters, Class III and Class II Waters, east and wrest of State Road AM approximately 1700 feet north of the Middle Cove beach access on South Hutchinson Island (Section 29, Township 35 South, Range 41 East), in St. Lucie County (27" 24' 13" North Latitude, 80° 16' 10" West Longitude). PERMIT The activities described herein must be conducted in accordance with: • The Specific Conditions • The General Conditions • The limits, conditions and locations of work shown in the attached drawings (Exhibits 1-54) • The term limits of this authorization You are advised to read and understand these conditions and drawings prior to commencing the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings. If you are utilizing a contractor, the contractor also should read and understand these conditions and drawings prior to commencing the authorized activities. Failure to comply with these conditions, including any mitigation requirements, shall constitute grounds for revocation of the Permit and appropriate enforcement action by the Department. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit/certification as specifically described above. SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION "More Protection, Less Process " www. dep.state.}l. as Packet Pg. 205 9.B.j Sunset Beach Investments, LLC Permit/Authorization No.: EI-56-0264272-001 Page S of 22 (1) Pre -construction Meeting: After selection of the contractor to perform the authorized activities and prior to the initiation of any work authorized by this permit, the permittee (or authorized agent) and the contractor shall attend a pre -construction conference with a representative of the Department. The permittee shall contact the Department of Environmental Protection, Southeast District Branch Office, Submerged Lands & Environmental Resources Program, Compliance/Enforcement Section, Attention: Cynthia Lott, 1801 SE Hillmoor Drive, Suite C 204, Port St. Lucie, Florida 34952 (phone: 772/398-2806) in writing to schedule the conference. (2) NPDES Permit. Please contact the FDEP Stormwater Section in Tallahassee, FL at (850) 921-9904, or the NPDES Stormwater Notices Center at (866) 336- 6312 for NPDES permiting formation, if applicable. (3) At all times during the construction, the permittee shall use best management techniques for erosion and sedimentation control. Silt screens, or other sediment control measures shall be used during construction_ The selected sediment control measures shall be installed and maintained throughout the period to prevent offsite tracking of sediments and protect adjacent surface waters. All graded areas shall be stabilized and vegetated immediately after construction to prevent erosion. SPECIFIC CONDITIONS -- CONSTRUCTION ACTIVITIES (4) Drawings and Attachments- The 3-page permit review checklist; the Project drawings, Exhibits 1 through 33 ; the 7-page "Sunset Beach Maintenance and Monitoring Plan", Exhibits 34 through 40; the 4-page "Mitigation Bank Credit Reservation Agreement", Exhibits 41 through 44; the 4-page "Florida Exotic Pest Plant Council's 2007 List of Invasive Plant Species", Exhibits 45 through 48; the 6-page "Deed of Conservation Easement", Exhibits 49 through 54; and DEP forms 62.343.900(3), (4), (5), (6), (7), and (8) are attached to and become part of this permit. If the attached pernRit drawings conflict with the specific conditions, then the specific Conditions shall prevail. (5) Compliance with General Conditions: The permittee shall be aware of and operate under the attached general limiting conditions. General conditions are binding upon the permittee and enforceable pursuant to Chapters 403 and 373 of the Florida Statutes. (6) General and Specific Conditions/Construction Personnel The permittee shall be responsible for ensuring that the permit conditions are explained to all construction personnel working on the project, and for providing each contractor and subcontractor with a copy of this permit before construction begins. (7) Coastal Construction: Construction shall not occur seaward of the Coastal Construction Control Line (CCCL) prior to obtaining all necessary approvals from the "More Protection, Less Process" wwm dep.staie; f I. us Packet Pg. 206 9.B.j Sunset Beach investments, LLC Permit/Authorization No.: EI-56-0264272-001 Page 9 of 22 Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems. Prior to commencement of construction seaward of the CCCL, the permittee shall submit a copy of the CCCL Permit to the Department of Environmental Protection, Southeast District Branch Office, Submerged Lands & Environmental Resources Program, Compliance/ Enforcement Section, Attention: Eric Shea, 1601 SE Hillmoor Drive, Suite C 204, Port St. Lucie, Florida 34952 (phone: 772/398-2806). (8) State Road AiA Right -of Way Construction: Construction shall not occur within the State Road A1A Right -of -Way prior to obtaining all necessary approvals from the Florida Department of Transportation. Prior to commencement of construction with the State Road AlA Bight -of -Way, the permittee shall submit a copy of the FDOT Right -of -Way Permit to the Department of Environmental Protection, Southeast District Branch Office, Submerged Lands & Environmental resources Program, Compliance/ Enforcement Section, Attention: Eric Shea,1801 SE Hillmoor Drive, Suite C-204, Port St. Lucie, Florida 34952 (phone: 772/398-2806). (9) On -site Construction: The work authorized by this permit shall not be conducted on any property, other than that owned by the permittee, without the prior written approval of that property owner. (10) Staging & Material Storage Restrictions: There shall be no staging of equipment and/or machinery or storage and/or stockpiling of tools and materials (i.e., lumber, pilings, debris) within wetlands, unless specifically approved in the permit. (11) Fill Material: All fill material to be used in the authorized 0.67-acre permanent impact area shall be clean fill and free of vegetative matter, trash, rebar, garbage, toxic or hazardous waste or any other unsuitable materials. (12) Surface Water Management System: The surface water management system shall be constructed in accordance with the attached exhibits and described herein. The permittee shall ensure that the permit conditions are explained to all construction personnel working on the project and for providing each contractor and subcontractor with a copy of this permit before the authorized work begins. This permit must be attached to the Sunset Beach Homeowner's Association rules and regulations as an exhibit. The registered agent for the Association shall maintain copies of all further permitting actions for the benefit of the Association. (13) Additional Water Quality Requirement: The Department reserves the right to require that water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. (14) Perimeter Grade: Perimeter grades around the proposed site shall be set at the minimum elevation in order to prevent runoff from the developed areas of the "More Protection, Less Process" wmv. dep, state. ft, us Packet Pg. 207 9.B.j Sunset Beach investments, LLC Perm ft/Ruthorization No.: E1-56-0264272-001 Page 10 of 22 project from short-circuiting the SWMS, and draining off -site. A FDOT or Municipal Connection permit may be required if stormwater from the driveway areas is not fully retained. (15) Wetland Impacts: Approximately 12.7 acres of wetlands shall remain undisturbed. This permit authorizes permanent and temporary impacts to the wetland fill areas shown on the attached Exhibit 3/ 54 only (0.91 acres). No other areas are authorized to be impacted, which includes but is not limited to clearing with the use of heavy equipment, filling, or excavation. (16) Wetland/Construction Separation: As part of site preparations and prior to construction, the bulkhead lines and boundaries of all upland buffer areas, as shown on the attached Exhibit 3/54, shall be clearly staked in the field, in a way which is visible and obvious to anyone performing work on -site, including someone operating heavy equipment. A clearly visible temporary, effective construction barrier shall be placed along the staked lines to isolate the construction areas from the wetlands that are to remain undisturbed. Turbidity fences shall be installed no further waterward than a four -foot offset from the bulkhead. (17) Sedimentation/Erosion Controls: All wetland areas or water bodies which are outside the specific limits of construction authorized by this permit must be protected from erosion, siltation, scouring, and/or dewatering. Prior to any work in wetlands, turbidity control devices shall be installed to completely enclose all construction activities. The permittee shall ensure that erosion and turbidity control devices/procedures are inspected and maintained daily so that they are operating effectively during all phases of construction authorized by this permit. At no time shall there be any discharge in violation of the water quality standards in Chapter 62-302, Florida Administrative Code. Once all areas that were disturbed during construction are sufficiently stabilized to prevent erosion, siltation, and turbid discharges, the turbidity and erosion control devices shall be removed within 14 days. (18) Dewatering: No dewatering shall be conducted without the appropriate authorization. Dewatering activity may require an Industrial Wastewater permit (Tim Powell at 561/681-6684, DEP/ West Palm Beach) and SFWMD approval. Within 30 days of receipt of a dewatering permit, the permittee shall submit a copy of the permit to the Department of Environmental Protection, Southeast Distract Office, Attention: Indar Jagnarine, Stormwater Section, 400 North Congress Avenue, Suite 200, West Palm Beach, Florida 33401. (19) Spoil Disposal: Spoil and removed soils that will not be used as fill shall be properly contained to prevent runoff into wetlands and surface waters and shall be properly disposed of within uplands. "More Protection, Less Process " mviv.dep.state-fl us Packet Pg. 208 9.B.j Sunset Beach Investments, LLC Permit/Authorization No.: Et -SE: 0264272-001 Page 11 of 22 (20) Land and "Vegetation Clearing: Herbicides shall not be used for vegetation clearing. Cleared vegetation and garbage removed from the site shall be properly disposed according to local, state, and federal regulations. (21) Operation and Maintenance Entity: Prior to the commencement of the operation of any part of the surface water management system, the permittee shall provide to the Department a recorded Derlaratidn for the Sunset Beach Homeowner's Association, Inc. (22) Perpetual Maintenance: The Sunset Beach Homeowner's Association, Inc. shall be responsible for perpetual operation and maintenance of the surface water management system.. The applicant shall maintain the stormwater system to insure that it operates as designed. The detention basins and exfiltration trench system shall be maintained (cleaned out) by the operator on an annual basis. The operator is responsible for maintaining a maintenance log that documents when maintenance work was last performed (see attached Farm # 62 343.900(b) FAC). (23) Exotic/Nuisance Plant Species: The permittee shall maintain, in perpetuity, the entire property, including the dune, construction site, and wetlands free from the invasion or establishment of the plants listed on the current version of "The Florida Exotic Pest Plant Council's List of Invasive Plant Species" (2007 version attached). The landscaping within the project site shall not include plants that are on the EPPC list and the permittee shall ensure that environmentally safe application measures are upheld if herbicides are used. (24) Mitigation for Wetland Impacts: To offset permanent impacts to 0.67 acre of mangrove wetlands and temporary impacts to 0.24 acre of mangrove wetlands (0.91 acre total impacts), the permittee shall complete the following mitigation activities: (I) The permittee shall purchase one mitigation credit from the St. Lucie County Bear Point Mitigation Bank prior to commencement of construction. (11) The permittee shall enhance 7.8 acres of mangrove wetlands on the east side of State Road A1A (M-East) by performing the following activities in accordance with the attached Exhibit 16/54 within two years following commencement of construction: A. install one, 24-inch C.A.P. culvert with a tide gate weir under the berm on the north and south side of the saltwater basin to provide tidal flow between the northern mangrove wetland impoundment and the tidal basin; "More Protection, Less Process " wu w, dep.state fl us Packet Pg. 209 9.B.j Sunset Beach Investments, LLC Permit/Authorization No.: EI-56-0264272-0it Page 12 of 22 B. install three, 24-inch R.C.P, culverts underneath State Road A1A and construct a pump station to facilitate enhancement activities by the St. Lucie Mosquito Control District, improve flushing of the wetlands in the impoundment south of the tidal basin east of State Road AIA, and improve flushing and tidal exchange between the wetlands east and west of State Road A1A; C. remove all exotic and nuisance plant species listed on the current version of "The Florida Exotic Pest Plant Councii's List of Invasive Plant Species" (2007 version attached) from all on -site wetland areas and replant the areas with appropriate native wetland vegetation. (III) The permittee shall enhance 4.1 acres of mangrove wetlands on the west side of State Road A1A (M-West2) by installing three, 24-inch R.C.P. culverts north of the saltwater basin per Exhibit 16/54 within two years following commencement of construction that will create a connection to the wetlands east of State Road A1A. Furthermore, the permittee shall remove all exotic and nuisance plant species listed on the current version of "The Florida Exotic Pest Plant Council's List of Invasive Plant Species" (2007 version attached) and replant the areas with appropriate native wetland vegetation per Exhibit 23/54 within two years following commencement of construction. (M The permittee shall create 1.2 acres of upland buffer (M-Upland) per Exhibit 16/54, located adjacent to the wetlands east of State Road A1A and surrounding the saltwater basin by removing all exotic and nuisance plant species listed on the current version of "The Florida Exotic Pest Plant Council's List of Invasive Plant Species" (2007 version attached) and replanting the area with appropriate native upland vegetation in accordance with the attached mitigation and planting plan (Exhibits 17 through 22/54) within two years following commencement of construction. (V) The permitkee shall restore 1.3 acres of mangrove wetlands on previously altered sovereignty submerged lands (M-West), located west of State Road AM by removing all exotic and nuisance plant species listed on the current version of "The Florida Exotic Pest Plant Council's List of Invasive Plant Species" (2007 version attached), scraping down the land to intertidal elevations contiguous with adjacent mangrove wetlands, and replanting the area with appropriate native wetland vegetation in accordance with the attached mitigation and planting plan (Exhibits 16, 23/54) within two years following commencement of construction. (VI) Prior to any construction or alteration in, on or over uplands, surface water, wetlands, or sovereign submerged lands, the pern-dttee shall record the conservation easement (the attached "Conservation Easement Package") in "More Protection, Less Process " ivmv. dep. state_fi_ us Packet Pg. 210 9.B.j Sunset Beach investments, LLC Permit/Authorization No.: ER-56-0264272-001 Page 13 of 22 the St. Lucie County land records granting the State of Florida Department of Environmental Protection approximately 20.23 acres of on -site existing, restored, and enhanced wetlands and coastal dune habitat. (VII) The perntittee shall provide the Department with a copy of the executed and recorded conservation easement within thirty (30) days of recordation. (25) Mitigation Maintenance and Monitoring. The permittee shall monitor all mitigation areas in strict accordance with the attached "Sunset Beach Maintenance and Monitoring Plan" (Exhibits 34 through 40/54). Within 30 days after completing the removal of all exotic and nuisance plant species and subsequent enhancement plantings, the permittee shall submit to the Department a baseline ("time zero") report. The report skull include the number of individuals planted, species planted, and the date of the plantings. The report shall contain photographs, taken from referenced locations, to represent the entire site. Additionally, a drawing shall be included to show the location and direction of the camera_ Subsequent monitoring reports shall be submitted annually for a period of five years, the first report being due 90 days after the baseline report_ The annual reports shall include the number of plants surviving from the initial planting, additional seedlings planted, and explanations if survivorship is trending toward failure. The reports shall include photographs from the locations referenced in the baseline report. The reports shall be sent to the Department of Environmental Protection, Southeast District Branch Office, Submerged Lands & Environmental Resources Program, Compliance/Enforcement Section, Attention: Eric Shea, 1801 SE Hillmoor Drive, Suite C-204, Port St. Lucie, Florida 34952 (phone: 772/ 398-2806). (26) Mitigation Success Criteria: In order for the exotic and nuisance plant species removals and enhancement plantings to be deemed successful, the planted native upland, obligate, facultative wet, and facultative species must achieve a minimum 80% survival rate by the end of the first five years after planting. The responsibility to determine if the exotic/nuisance plant species removals and enhancement plantings are meeting the permit -specified success criteria shall not fall solely on the Department. Within the first two years after planting, if the permittee becomes aware that the project is not meeting the success criteria and probably will not meet the criteria based on site observations, then the permittee shall notify the Department at the address in Specific Condition Number 23. The permittee shall then submit an alternative planting plan to the Department for review and approval. The exotic/nuisance plant species removals and enhancement plantings shall be determined to be successful when the requirements of Specific Conditions Numbers 22, 23, and 24 of the permit have been met. "More Protection, .Less Process " wsvw.dep. state. ff.us Packet Pg. 211 9.B.j Sunset Beach Investments, LLC Permit/Authorization No.: EI!-56-0264272-001 Page 14 of 22 (27) Mitigation Bank Payment Receipt: in accordance with the attached "Mitigation Bank Credit Reservation Agreement" dated March 3, 2006 (Exhibits 41. through 44/54), the permittee shall make a final financial contribution of $87,600 for one (1) credit to the St. Lucie County Bear Point Mitigation Bank for acquisition, enhancement, and management of 1.0 acre of mangrove wetlands within the mitigation bank. The check (or other form of payment) shall include the permit number for this project (EI-5640264272-001) and be made out to St. Lucie County. Prior to construction, the permittee shall provide documentation to the Department of the financial contribution in the form of a receipt from the St. Lucie County Bear Point Mitigation Bank to the Department of Environmental Protection, Southeast District Branch Office, Submerged Lands & Environmental Resources Program, Compliance/Enforcement Section, Attention: Eric Shea, 1801 SE Hillmoor Drive, Suite C 204, Port St. Lucie, Florida 34952 (phone: 772/3982806). The receipt shall include the permit number for this project (EI-56-0264272-001). (28) Conservation Easement: Prior to any construction or alteration in, on or over uplands, surface water, wetlands, or sovereign submerged lands, the permittee shall record with St. Lucie County a 20.23-acre conservation easement granted to the State of Florida Department of Environmental Protection (Exhibits 49 through 54/54). The permittee shall maintain, in perpetuity, the 20.23-acre conservation easement with less than 5% establishment or invasion of any plants listed on the current version of "The Florida Exotic Pest Plant Council's List of Invasive Plant Species" (2007 version attached). Monitoring and maintenance of the conservation easement area shall be maintained in perpetuity for the life of the facility with annual monitoring and maintenance plans submitted to the Department for the first five years from the time of each phase of project commencement. If for any reason the permittee elects not to carry out any of the activities for which the permit was required, then the conservation easement shall be released by the grantee. To obtain a release, the permittee must acknowledge that this permit is no longer required and must formally surrender the permit. Once the applicant formally surrenders the permit, the Department will prepare a Release of Conservation Easement for the permittee to record in the County's land records at their own cost. (29) Mosquito Control Activities: Any activities conducted on -site for maintenance or operation of mosquito control facilities shall be accomplished without additional adverse impacts to wetlands. This includes preparation of the berm surface for maintenance access that may require soil removal and sod placement. (30) Protection of Marine Turtles: Prior to commencement of construction, the applicant shall submit a copy of the "Sea Turtle Protection Plan", including a "Lighting Plan", approved by the Florida Fish and Wildlife Conservation Commission to the Department of Environmental Protection, Southeast District Branch Office, Submerged Lands & Environmental Resources Program, Compliance/Enforcement Station, "More Protection, Less Process " www_dep_statefl. us Packet Pg. 212 9.B.j Sunset Beach Investments, LLC Permit/Authorization No_: E1-56-0264272-001 Page 15 of 22 Attention: Compliance and Enforcement Section, 1801 SE Hillmoor Drive, Suite C-204, Port St. Lucie, Florida 34952 (phone; 772/398-2806). All permanent exterior lighting shall be installed and maintained as depicted on the FFWCC approved lighting schematic and cut sheets. (31) Protection of Marine Turtles. Additional exterior lighting is not authorized on any structure or in the landscape in the project area. If any of the lights become visible from the beach or disorient nesting or hatching sea turtles at any time, they must be modified such that they are no longer visible from the beach. (32) Protection of Marine Turtles: Operation, transportation, or storage of equipment or materials is not authorized seaward of the dune crest or rigid coastal structure during the marine turtle nesting season. The marine turtle nesting season is May 10 through October 31,11 in all counties except Brevard, Indian River, St. Lucie, Martin, Palm Beach, and Broward counties where leatherback turtle nesting occurs during the period of March 15t through October 319t. (33) Protection of Gopher Tortoises. If any gopher tortoises or burrows are found during on -site activities, contact the Florida Fish and Wildlife Conservation Commission, Attention: Chance Cohere, 255 154th Avenue, Vero Beach, Florida 32968 (phone: 772/778-054) for a relocation permit. GENERAL CONDITIONS (34) All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part 1V, Chapter 373, F.S. (35) This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by the Department staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. (36) Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with "Mare Protection, Less Process " tiv iwdep.state fl. trs Packet Pg. 213 9.B.j Sunset Beach Investments, LLC Permit/Authorization No.: E1-56-0264272-001 Page 16 of 22 the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation,1988), unless a project -specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erasion or shoaling that causes adverse impacts to the water resources. (M The permittee shall notify the Department of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the Department an "Environmental Resource Permit Construction Commencement" notice (Form No. 62-343.900(3), F.A.C.) indicating the actual start date and the expected completion date. (38) When the duration of construction will exceed one year, the permittee shall submit construction status reports to the Department on an annual basis utilizing an "Annual Status Report Form" (Form No. 62r343.900(4), F.A.C.). Status Report Forms small be submitted the following June of each year. (39) Within 30 days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the supplied "Environmental Resource Permit As -Built Certification by a Registered Professional" (Form No. 62-M.900(5), F.A.C.). The statement of completion and certification shall be based on on -site observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the Department that the system is ready for inspection. Additionally, if deviation from the attached drawings is discovered during the certification process, the certification must be accompanied by a copy of the attached permit drawings with deviations noted. Both the original and revised specifications must be clearly shown - The plans must be clearly labeled as "as -built" or "record" drawing_ All surveyed dimensions and elevations shall be certified by a registered surveyor. (40) The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition 16 above, has submitted a "Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase" (Form No. 62-343.900(7'), F.A.C.); the Department determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the Department in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District - August 1995, accepts responsibility for operation and maintenance of the system.. The permit shall not be transferred to such approved operation and maintenance entity until, the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the Department, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is `More Protection, Less Process ►v nv,dep.state,fi.us Packet Pg. 214 9.B.j Sunset Beach investments, LLC Permit/Authorization No.. EI-56-0264272-001 Paige 17 of 22 transferred pursuant to Section 62-343.110(1)(d), F.A.C., the permittee shall be liable for compliance with the terms of the permit. (41) Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. (42) For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this perrnit, such easement or deed restriction must be recorded in the public records and submitted to the Department along with any other final operation and maintenance documents required by sections 9.0 and 10.0 of the Basis of review for Environmental Resource Permit Applications Within the South Florida Water Management District - August 1995, prior to lot or unit sales or prior to the completion of the system, whichever occurs first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State where appropriate. For those systems which are proposed to be maintained by the county or municipal entities, final operation and maintenance documents must be received by the Department when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. (43) Should any other regulatory agency require changes to the permitted system, the permittee shall notify the Department in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. (44) This permit does not chminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the perrnittm, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, F.A.C. (45) The permittee is hereby advised that Section 2.53.77, F.S. states that a person may not commence any excavation,, construction, or other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use_ Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board "More Protection, Less Process" wmv. dep.state, fl.us Packet Pg. 215 9.B.j Sunset Beach Investments, LLC Permit/Authorization No.: EI-56-0264272-001 Page 18 of 22 of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. (46) The permittee is advised that the rules of the South Florida Water Management District require the permittee to obtain a water use permit from the South Florida Water Management District prior to construction dewatering, unless the work qualifies for a general permit pursuant to subsection 40E-20.302(4), F.A.C., also known as the "No Notice" rule. (47) The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. (48) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under section 373.421(2), F.S., provides otherwise. (49) The permittee shall notify the Department in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on -which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of section 62-343.130, F.A.C. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. (50) Upon reasonable notice to the permittee, Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. (51) If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate Department office. NOTICE OF RIGHTS This Permit is hereby final unless a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57 of the Florida Statutes (F.S.) as provided below. The procedures for petitioning for a hearing are set forth below. Mediation is not available. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. "More Protection, Less Process " x,n,rv. dep.state, f f. us Packet Pg. 216 9.B.j Sunset Beach Investments, LLC Permit/Authorization No.: EI-56-0264272-001 Page 19 of 22 Because the administrative hearing process is designed to re -determine final agency action on the application, the filing of a petition for an administrative hearing may result in a modification of the permit or even a denial of the application. If a sufficient petition for an administrative hearing or request for an extension of time to file a petition is timely filed, this permit automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Accordingly, the applicant is advised not to commence construction or other activities under this permit until the deadlines noted below for filing a petition for an administrative hearing, or request for an extension of time has expired. Under Rule 62-110.106(4), Florida Administrative Code (F.A.C.), a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect. In the event that a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Any intervention will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. In accordance with Rule 62-110.106(3) F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3) of the Florida Statutes must be filed within 21 days of publication of the notice or within 21days of receipt of the written notice, whichever occurs first. Under section 120.60(3) of the Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of "More Protection, Less Process" www dep.statefl us Packet Pg. 217 9.B.j Sunset Beach Investments, LLC Permit/Authorization No.: EI-56-0264272-001 Page 20 of 22 that person's right to request an administrative determination (hearing) under sections 120.569 and 120.57 of the Florida Statutes. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; - • and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; and (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action; (g) A statmmnt of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301, F.A.C. Under Sections 120.569(2)(c) and (d), F.S., a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. This action is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this order will not be effective until further order of the Department. This permit constitutes an order of the Department. The applicant has the right to seek judicial review of the order under Section 120.68, F.S., by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the final order is "More ,Protection, Less Process' wwm.dep.state fl. us Packet Pg. 218 9.B.j Sunset Beach Investments, LLC Perm it/Authorization No.: E]-56-0264272-001 Page 21 of 22 filed with the Clerk of the Department. The applicant, or any party within the meaning of Section 373.114(1)(a), F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1), F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the final order is filed with the Clerk of the Department. Executed in West Palm Beach, Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION j K.Smi Date E�n2tental A ' trator Submerged Lands & Environmental Resources Program Js/ij Copies furnished to: FDEP Compliance and Enforcement, Cynthia Lott, QMtJua.lott@deV.state.fl.us FDEP Bureau of Beaches and Coastal Systems, Tohn.Wettstein@dep.state.fl.us FDEP Coastal and Aquatic Managed Areas, Laura.Herren@dep.state.fl.us USACOE, Alisa Zarbo, Ahsa.A.Zarbo@usace.amy.mil SFWMD, Donald Loving, DLoving�sfrmd.gov FFWCC, Division of Habitat and Species Conservation, Vicki.Rarngt2Myfwc.com FDOS Division of Historical Resources, amwestPr,nan@dos.state.fl.us 5t. Lucie County Mosquito Control District, TDavid@?co.st-lucie.fl.us Kinley-Horn. and Associates, Inc., jenmifer.Sim kins@kimley--horn.com Sunset Beach Investments, LLC, Cliff Kennedy, trneckennedsoutb net CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and authorization to use sovereignty submerged lands, including all copies, were mailed before the close of business on , to the above listed persons. FILING AND ACKNOWLEDGMENT FILED, on this date, under 120.52(7) of the "More Protection, Less Process ivwx,. dep. state..}l. us Packet Pg. 219 9.B.j Sunset Beach Investments, LLC Permit/Authorization No.: EI-56-0264272-001 Page 22 of 22 Florida Statures, with the designated Department Clerk, receipt of which is i a nowledged. t r"jl 'Clerk Date Prepared by Indar Jagnarine 63 pages attached. "Afore Protection, Less Process " rvtt mdep..state fI_us Packet Pg. 220 E j �. Curb r vrlro Bfeai�! r° QM ASMB`h1 F= 7iM Furl Pkrce In* 5t Rft .i"6&W Eid e�7A• A t j rn!#r Pori Plame i" ens- ,.i.,:�. F L 0 R I D A } 1 + 618 EDHA. W&' S T L U I x A1A 7:a " PROJECT VICINITY (SEE BELOM OekHamma .o , to M..km n A cn 9" Park 0 N8 S� �. C) AI � s' �. Fart Pierce 718' 9.B.k 32 a 0 N Awl T10 A t r ! n t i c 0 e'& a d i r FAL.¢111DA 41A PROJECT LOCATION s� e a? S T. 4 U. C I E A16 712 Jac Es �o 0 N U) W W X I Lucie 81SI VICINITY MAP N a ftley Ham and A,ssacates, I= C 2006 KIMLEY--HORN AND ASSOCIATES, INC. " 10521 SW VLG CTR OR, STE 103, PORT ST. LUC[E. FL 34887 E TEL:(772) 345-3800 FAk(772) 286-0138 c WNW.K1%ILEY—H0FaWXDM CA OD090696 F fl7 urynsd !y a— E}f U +en �K SCAtE: KHA il5A ics L LOCATION MAP c SUNSET BEACH Section 29, Township 35 S, Range 41 E ST. LUCIE COUNTY, FLORIDA J I Fitarcr x o-�: a N-T"s. p41124000 ► m zoos FIGURE 1 � Packet Pg. 221 1 9.B.k LEGEND Cade Community, 437 Australian Pine 11.2 .2 AC 612 Mangrove Swamps 13.4± AC 710 Beaches (other than swimming beaches) 4•4± AC 740 Disturbed Areas 0.1t AC TOTAL: 29.1 ± AC �r� i{imley-Hom and Associates, Inc, l 2008 KIMLEY•-HON AND ASSOCIATES, INC. m 10521 SW MG OR OR. ST 103, PORT 5T. LUC1£. FL 34W7 TEL.-(772) 345•-380D FA)t(772) 286--0138 Mlni � d� � m.dYA Bfc MAY 200T K11A A z 0 p f5n 3t70 eGLLE AS SHOWN VEGETATION (FLUCFCS) MAP SUNSET BEACH Section 29, Township 35 S, Range 41 E ST. 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LO 0 N U) W Packet Pg. 253 1 9.B.1 PRESERVE AREA MANAGEMENT PLAN For SUNSET BEACH P.U.D. IN St. Lucie County Prepared for CL-RP Hutchinson, LLC 2870 Peachtree Road Unit 176 Atlanta, Georgia 30305-2918 Prepared By Ladyko Design Group, LLC 4400 Belle Grove Drive Ft. Pierce, FL 34981 January 2015 Revised April 2015 Packet Pg. 254 9.B.1 TABLE OF CONTENTS 1.0 INTRODUCTION....................................................................................................................1 2.0 EXISTING SITE VEGETATION............................................................................................1 3.0 DELINEATION OF NATIVE HABITAT................................................................................2 4.0 SURVEY REQUIREMENTS...................................................................................................2 5.0 RESTORATION, MANAGEMENT & MAINTENACE.......................................................4 6.0 MISCELLANEOUS PROVISIONS & RESTRICTIONS.........................................................6 7.0 MONITORING AND MAINTENANCE PLAN....................................................................... 7 LIST OF FIGURES FIGURE I LOCATION MAP FIGURE 2 FLUCFCS MAP FIGURE 3 SITE PLAN FIGURE 4 PRESERVE AREA SIGN FIGURE 5 SEA TURTLE PROTECTION SIGN FIGURE 6 FRONTAL DUNE PLANTING PLAN FIGURE 7 BACK SIDE (STRAND) DUNE PLANTING PLAN FIGURE 8 MONITORING PLAN Packet Pg. 255 9.B.1 SUNSET BEACH P.U.D. PRESERVE AREA MANAGEMENT AND MONITORING PLAN (PAMMP) St. Lucie County, Florida The following Preserve Area Management and Monitoring Plan has been prepared by Ladyko Design Group, LLC and is being provided to St. Lucie County in order to satisfy the requirements set forth in Chapter 6.04.00 of the County's Land Development Code for the Sunset Beach, P.U.D. project. 1.0 INTRODUCTION The Sunset Beach P.U.D. project site consists of approximately 34.22 acres of land located on the east and west sides of S.R. A-1-A, west of the Atlantic Ocean and cast of the Indian River on South Hutchinson Island, approx. 1,700 ft. north of the Middle Cove Beach access. The site is located in Section 29, Township 35S, Range 41E, St. Lucie County, Florida. See Figure 1. Ladyko Design Group, LLC, has been retained by the Applicant to prepare this Preserve Area Management and Monitoring Plan (PAMMP) for the proposed on -site upland and wetland preserve areas. The following addresses delineation of the preserve areas, prohibited activities, and monitoring and maintenance plans for the proposed preserve areas. 2.0 EXISTING SITE VEGETATION Existing vegetative communities within the site boundaries were identified through aerial m T photograph interpretation and random pedestrian transects. Land Uses were classified according y to the Florida Department of Transportation's 1999 Florida Land Use, Cover, and Forms Classification System (FLUCFCS). A FLUCFCS map of the site is included on Figure 3. The acreage for each land cover is based upon survey information and aerial interpretation. an The site contains, Australian Pine (FLUCFCS 437), Mangrove Swamps (FLUCFCS 612), N Beaches other than Swimming Beaches (FLUCFCS 710) and Disturbed Land (FLUCFCS 740). y Descriptions of land covers are provided below. FLUCFCS 437 Australian pine (11.6 +/- acres) The length of property located to the east and west of A1A is dominated by invasive and exotic vegetation. This area is dominated by Australian pine (Casuadruan equisetfolia). Australian pine also dominates the uplands located between the mosquito impoundments and the Atlantic Ocean. FLUCFCS 612 — Mangrove Swamps (13.0 +/- acres) There are two mosquito impoundments located on the east side of S.R. A-1-A that are actively managed by St. Lucie County. The mosquito impoundments are hydrologically separated from a saltwater basin by a man-made berm. The basin is connected to the Indian River Lagoon via an on -site culvert that allows tidal flow to occur under A -I -A. The two mosquito impoundments have no direct on -site connection to the Lagoon. The primary species observed in the impoundments are red mangroves and less than one percent white mangroves and black mangroves. The mangroves observed within these areas are smaller in size and are less dense compared to the mangroves located adjacent to the basin. The are two mosquito impoundments within the western portion of the project areas that are connected to the Lagoon via an off site culvert. These mosquito impoundments are predominantly composed of red, black and white mangroves Packet Pg. 256 9.B.1 FLUCFCS 710 — Beaches Other Than Swimming Beaches (7.74+/- acres) The beach community comprises 9.12 +/- acres of the project site and is located between the Atlantic Ocean and the impoundment mangrove swamp. The dune has experienced erosion from wind and water. This has resulted in over - wash and the migration of sand into the mosquito impoundment. The back -dune area has been greatly impacted by the invasion of Australian Pine_ The shading effect of these pines along with a dense mat of needles covering the ground, have restricted the growth of most native vegetation. No wildlife tracks or sea turtle nests have been observed during site reconnaissance, however, sea turtle nesting occurs on the beach. FLUCFCS 740 — Disturbed Land (0.1+/- acres) The area of disturbed land is located west of S.R. A-1-A in the northeast corner of the subject site. The St. Lucie County Mosquito Control District accesses their impoundments from this disturbed area. 3.0 DELINEATION OF NATIVE HABITAT & PRESERVE AREAS For the purposes of the PAIVIMP, Preserve Areas shall be defined as Preserve Areas, as shown on the Master Site Plan for Sunset Beach, P.U.D. as prepared by Ladyko Design Group, LLC (LDG). See Figure 2. The 13.0 acres of mangrove wetland constitute the only native on -site vegetation. As depicted on Figure 3, 13.0 acres of wetland will be preserved and enhance through the removal of exotics. These wetlands will be referred to as the Wetland Preserve Areas. Cl- RP Hutchinson, LLC will restore 7.74 acres of the dune system. The Dune Preservation Zone (7.74 acres) extends from mean high water to the 1978 CCCL. The Sunset Beach Property Owners Association, Inc. will be responsible for the maintenance and monitoring of the Wetland and Dune Preserve Areas. The Association's responsibilities are detailed in the Covenants and Restrictions. Currently, the total native upland habitat (Australian Pine) on the site consists of +/- 11.6 acres of disturbed coastal dune. The project proposes development on 6.64 acres of this � area. Upland habitat adjacent to the wetlands to be preserved will be replanted to the extent of +/- 1.35 acres or 39%. LO 0 The dune preservation area will be enhanced by strand and dune planting plantings. The N to strand (backside of the dune) will be enhanced by replanting +/- 1.34 acres of coastal w strand from the area that was highly disturbed by the Hurricanes of 2004 and 2005, and coastal dune (front side) will restore +/- 0.86 acres of coastal dune. Wetland and upland preservation exceed the 25% native plant community requirements of Section 6.02.01(D) of the St. Lucie County Land Development Regulations (SLCLDR). 4.0 SURVEY EQUIREMENTS All preserve areas shall be surveyed and staked based upon the Master Site Plan for the Sunset Beach P.U.D. project (Figure 2). No plant material shall be removed from the Preserve Areas to surveying, fencing or soil boring samples without prior permission from the St. Lucie County Environmental Resources Division. Packet Pg. 257 9.B.1 4.01 Barricading Requirements. The Applicant will ensure that all Preserve Areas are protected with physical barriers during all clearing and construction activities in accordance with the following guidelines. a) Preserve area signs shall be in place and accepted by St. Lucie County Environmental Resources Division staff prior to issuance of a Certificate of Occupancy. b) Barricades (not including turbidity screen) will be high -visibility orange safety fence with a final height of at least four feet above the ground. Barricades shall not be attached to vegetation. c) All barricades and turbidity screen will be upright and maintained intact for the duration of construction. d) Where areas are proposed for clearing (i.e. building envelope, utilities, drainage, road right-of-way, etc.) the bright orange barricades must be offset at least 10 feet outside of the Preserve Area or placed at the dripline of the canopy trees, whichever is greater. e) All native vegetation (not slated for removal as part of the development plans) shall be retained in their undisturbed state and will be barricaded at or outside the dripline of the trees. f) Cut or Fill will meet existing grade without encroaching into Preserve Areas. Ui g) In the event that any protective barriers are removed or altered and land clearing or construction work is being conducted on -site. All work at the site will be stopped until the barriers are restored and any necessary corrective actions taken to repair of replanting of any vegetation removed or damaged as a result of encroachments. T h) Additional measures, such as split rail fence, will be installed following construction c activities to provide continuous protection of preserve areas both for wetland and c� beach dune_ co w i) Preserve Areas will be posted with signs marked "Preserve Area" (Figure 4). j) Two (2) Sea Turtle Protection Signs will be placed at the front of the dune cross -over and as shown on Figure 5. k) Ropes and Bollards will be placed along the dune line to assure that residents utilize the dune cross -over to access the beach. 4.02 PROHIBITED ACTMTIES. Prohibited activities in the Preserve Areas or casements within Preserve Areas include, but are not limited to; construction or placing building materials on or above the ground, dumping or placing soil or other substances such as garbage, trash, cuttings; removal or destruction of native trees, shrubs or other natural vegetation; any planting within the 3 Packet Pg. 258 9.B.1 preserve areas except as provided for by the permit; excavation or removal of soil materials, diking or fencing; vehicular traffic including recreational vehicles and off -road vehicles; any unauthorized pedestrian or motorized use of the conservation easement shall be punishable by applicable Federal, State and County Regulations; permanent irrigation, trimming, pruning or fertilization; or any other activities detrimental to drainage, flood control, water conservation, erosion control or fish or wildlife conservation and preservation . To best protect listed sea turtle species, a copy of the Sea Turtle Protection Plan will be attached to the Homeowners Association documents. No hazardous material other than fuel for re -fueling on -site heavy equipment will be stored on -site during the construction phases. On -site fuel tanks will not be located within 25 ft. of any Preserve Area and shall be removed upon completion of construction work. Development activities, such as the construction of building pads for associated structures, swales, or culverts for surface water management will not alter the hydrology of adjacent preserve areas, nor should any activities increase non -point source pollution in the preserves. Best Management Practices (BMP's), as well as Florida Yards and Neighborhood Program handbook will be included in the Homeowners Association Documents to prevent residents from polluting preserve areas. 5.0 RESTORATION, MANAGEMENT & MAINTENANCE ACTIVITIES Except for approved restoration, management and maintenance activities, Preserve Areas will be left undisturbed. All maintenance of Preserve Areas will be in accordance with this PAMMP. Maintenance and management activities will be performed by or under the direct supervision of a qualified environmental professional. The Sunset Beach P.U.D. Homeowners Association shall except responsibility for perpetual maintenance and management of the conservation easements and shall agree to take action against owners as necessary to enforce the conditions of the conservation easement, environmental resource permit and all other conditions of this PAMMP. The following activities shall be allowed within the Preserve Areas with prior written approval from St. Lucie County. T LO a) Exotic plant removal and exotic plant removal maintenance activities. N co b) Re -vegetation -planting native vegetation as necessary w W c) Removal of dead, diseased or safety hazard plant material d) installation and maintenance of culverts for increased tidal flushing. 5.01 EXOTIC SPECIES Exotic vegetation in Preserve Areas shall be removed by the least ecologically damaging method available. Such methods including hand pulling, hand spading, chainsaw and/or treatment with an appropriate herbicide. No debris, such as plant clippings or woods scraps, shall be allowed in the Preserve Areas. All exotic species will be removed within 6 to 9 months of receipt of the first Building Permit. Exotic and invasive species will continually be eradicated in perpetuity, as required. 4 Packet Pg. 259 9.B.1 5.02 RE -VEGETATION Any re -vegetation which might be necessary as a result of exotic vegetation removal or where site construction activities create areas void of vegetation shall consist of native plant species indicative of the existing plant communities (Figures 6 and 7). This will ensure that the Preserve Areas maintain indigenous plant associations. Re -vegetation plans shall be submitted to St. Lucie County for approval prior to implementation, which will include the species listed in Tables 1 and 2. Areas within the dry detention areas that fall within the wetland buffer area shall be plated with native grasses. 5.03 REMOVAL OF PLANT MATERIAL No native plant material shall be removed from the Preserve Areas. Dead or diseased plant material may be removed only upon a written fording by St. Lucie County that the material creates a safety hazard to buildings within the fall zone of the material or the material does not add to the continued health of the Preserve Area. Re -vegetation may be required for any removed plant material. TABLE I. BACK DUNE PLANT LIST (FIGURE 6) Common Name Scientific Name Cocoplum Chrysobolanus icaco Bay Cedar Suriana Maritima Sea Grape Coccoloba uvifera Beach Creeper Ernodia littoralis Coastal Panic Grass Panicum amarun Seashore Saltgrass Distichlis spicata Saw Palmetto Serenoa repens FRONTAL DUNE PLANT LIST (FIGURE 7) Common Name Scientific Name Salt►neadow Cordgrass Spartina patens Sea Oats Uniola paniculata Railroad Vine 1pomoea pes-caprae Sea Purslane Sesuvium portulascastrum Dune Sunflower Helianthus debilis Coastal Panic Grass Panicum amarum Seashore Paspalum Paspalum vaginatum TABLE 2. Common Name Red Mangrove Leather fern ENHANCED WETLAND PLANT LIST Scientific Name Rhizophora mangle Acrosticlum danaefolium co w 5 Packet Pg. 260 9.B.1 6.0 MISCELLANEOUS PROVISIONS AND RESTRICTIONS 6.01 DUST During construction, dust annoyance to adjacent properly owners and Preserve Areas shall be eliminated via application or water or other approved means. 6.02 NOISE Noise resulting from project site construction shall not exceed the noise levels and other requirements stated in St. Lucie County Ordinances. 6.03 PERIODIC CLEANUPBASIC SITE RESTORATION During construction, all accumulated debris and cleared vegetation will be removed from the project site on a regular basis, and as ordered by the Environmental Consultant and/of Project Engineer. NO construction debris or cleared vegetation shall be moved or stored within the Preserve Areas. 6.04 WATER QUALITY Turbidity curtains and erosion control structures will be installed around all Preserve Areas to prevent siltation and encroachment or turbid waters. All turbidity curtains and erosion control structures installed will be inspected by the Project Engineer or Environmental Consultant prior to construction activities. Additionally, the number, verbiage and location of signs and fences will be accepted by SLC ERD staff prior to the issuance of a Certificate of Occupancy. 6.05 CHEMICAL, FUEL AND OTHER HAZARDOUS MATERIALS T T LO All chemicals, fuel, or other hazardous materials used on -site during construction 0 y activities, whether herbicide, pesticide, solvent or reactant of other classification, W will be required to have Environmental Protection Agency (EPA) and Housing and Urban Development (HUD) approval. The handling, use, storage and disposal of such materials, containers or residues shall be in strict conformance with the a manufacturers and/or suppliers instructions. NO chemicals, fuel, or other a hazardous materials will be stored within the Preserve Areas. A hazardous m substance cleanup kit will be kept on -site during construction activities. NO chemical, fuel, or other hazardous materials will be stored within 25 ft of a Preserve Area. 6.06 CONSTRUCTION EQUIPMENT NO heavy equipment or construction equipment shall be stored, cleaned, repaired or fueled in or within 25 feet of a Preserve Area. Packet Pg. 261 9.B.1 7.0 MONITORING AND MAINTENANCE PLAN The proposed Preserve Areas of the Sunset Beach P.U.D. project site will be monitored annually for a five (5) year period. The Preserve Areas will be placed in a conservation easement in favor of St. Lucie County and be maintained by the Homeowners Association. A time zero monitoring report will be completed prior to construction. Monitoring will be conducted annually and annual reports, documenting the results of the annual monitoring iterations, will be prepared to document the progress of the Preserve Areas located on site. The reports will include vegetation analysis, wildlife utilization, panoramic photographs and conclusions of the annual monitoring iterations. 7.01 MONITORING SET-UP Seven (7) monitoring transects will be established within the Sunset Beach P.U.D project Preserve Areas. The beginning of the transect will be marked with a 3" Schedule 40 PVC pipe filled with concrete. The concrete filled PVC monuments will also serve as the panoramic photograph locations. A compass bearing from the concrete filled PVC monuments will be established for each transect. A metal plate will be engraved with the transect number, compass bearing and date. The metal plates will be attached to the concrete filled PVC monuments with a stainless steel bolt. The concrete filled PVC monuments will be field located with a hand held GPS unit, and the latitude and longitude recorded. See Figure 8. 7.02 VEGETATION SURVEY T T LO Biologists will conduct annual vegetation surveys of the transects for a period of 0 N co five (5) years. Each vegetative community type will be represented in the transect W and major vegetation zones will be identified. Sample quadrants, 10 meters x 10 meters (10 sq. meters) will be established along the transects. Vegetation inside quadrants will be identified to species level when possible. The percent coverage a of each species will be recorded. a 7.03 PANORAMIC TRANSECT AND QUADRAT PHOTOGRAPHS During each sample iteration, color panoramic photograph (180 degrees) of each transect will be taken. A range pole marked in 12" intervals will be provided in each photograph for scaling vegetation growth. A single photograph will be taken of each quadrat. The photographs will provide physical documentation of the conditions within the Preserve Areas. Photographs of the annual monitoring iterations will be included in each of the annual reports. 7 Packet Pg. 262 9.B.1 7.04 WILDLIFE UTILIZIATION A qualitative study of wildlife utilization (birds, mammals, amphibians and reptiles) will be conducted during each sample iteration. Wildlife utilization will be determined by sighting, scat, calls, nests, burrows, tracks, etc. A species list of observed wildlife from each of the monitoring iterations will be complied and included within the annual report. 7.05 FISH AND AQUATIC MACROINVERTEBRATE SAMPLING Qualitative sampling for the presence of fish and macroinvertebrate will be conducted by biologists during each sample iteration and a species list will be compiled. Fish and macroinvertebrates may be collected with cast nets, seines, dipnet and/or dredge depending upon site conditions at the time of sampling. I F1 0 5 ._1./ 1 .: 17MTWJ One (1) water level monitoring well data logger will be installed in the wetland. The data logger will be installed on a 3" dia., Schedule 40, PVC pipe. Elevation c of the data logger will be located by a professional survey and referenced to a NAVD. One (1) rain gauge data logger will be installed within the Preserve Area to record the daily rainfall on -site and it shall be installed on the same PVC pipe as the water level logger. The rain collector which attaches above the self m emptying tipping bucket measures 8.5" diameter by 9.5" high and meets the guidelines and standards of the World Meteorological Organization. Data stored in the water level data logger memory and the rain gauge data logger memory will Cn be downloaded to a computer during each annual report and graphed. T 7.07 EXOTIC PLANT SPECIES 0 CO) Exotic and nuisance plant species will be removed, in perpetuity, with the w Preserve Areas. Exotic species currently located with the Sunset Beach P.U.D. property will be removed from the site. Other exotic and nuisance species will be a treated with a approved herbicide, (i.e. Rodeo) or pulled by hand. Exotic maintenance will be performed on an as needed basis, depending on the existing m conditions during each annual monitoring iteration. The Preserve Areas will be maintained at <5% of listed exotic and nuisance vegetation as defined by the Exotic Pest Plant Council. Maintenance will be conducted in perpetuity and run with the land. 8 Packet Pg. 263 1 93.1 1 1 \ nUCFCS 740 m (FECM.OxO BM) Hex xa 1 - L ' FI.UCFCS 612. �' n. —) o PRUPOS o ewwu¢D MANGR E j • rEC"C" SWAMP ` xs "`can auos wauno r /- 12- Ne" 3 a `moo � 1 - \ wEriu�D.sweuP - - \ i FLUCFCS 8i2� �Tli�PO6ED UA}IGRO � �,4, - • i 11 - _ FLUCFCS _Bi 4400 BELE• GROVE, DRIVE FE. PIERCE, FL 34981 PHONE-772-530-8261 Vady�ko e sign oup,T T LL FAX: 772.464-11S3 mginpod225f)aoLcnm C-A_ Nu. 286I0 ENGINEERS, PL ANC 1ERS & CONSTRUCTION MANAGERS � . - ) mom 1 GM IDe xvhcmo 1 1 FIGURE 2 SUNSET BEACH P. U. D. PRESERVE AREA MANAGEMENT PLAN FLUMS MAP rn 0 N U) w w a. m E m 2 a Packet Pg. 265 1 -E Aaw - SF'RCACT PUDJU 32EID 04"l UNDER RENEW 71 PG 32) W. WETLAND S"f is % M NR4 4D 1 a 9 \S 0.1FSf !TMFS � p��r_smvrnon go FQiSEWCT FFFi IKVE PER FA.0.T. g (.NJ ISM.` m H ST M4 of Im l fir. Q � �lli .gPE�eEels�,aa�s:- � A \ ® QD •FTEMAEEfEb YANf1dDVE . _ WVLANU SWAMP UNE 18's • _ _ x� . sea�x n13 OtD CCCI NEIr oL+a (PP. I6, PG 3R) (P8( 9 iJl� Imf9BB) UPLAND BUFFER AREA FIGURE 3 4460BE=GROVE DRIVE SUNSET BEACH P.U.D. adyko � ON 772,�� 6 61 PRESERVE AREA MANAGEMENT PLAN esign FAX: M-464.1383 �oup� T T LL � engiE)pod?25LaaoLcom C.A. No. 28610 PROPOSED SrrE PLAN FNC;INFFRS PIANNFRSFq-C:CINSTRiTCTTONMANACERS rn L0 0 N W W w d d m ci Y Y Q Packet Pg. 266 1 1 93.1 1 PRESERVE AREA NO CLEARING, TRIMMING MOWING, OR DUMPING IS PERMITTED WITHIN THIS PRESEERVE AREA BY ORDER OF ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS R LADYKO DESIGN GROUP, LLC 19" 4'x4'X&' PRESSURE TREATED TIMBER POST 4400 BELLE GROVE DRIVL FP. PIERCE, FL 34981 Vadyko PHONE: 772-530-8261 eszgn LL Ou�' LLC FAX: 772-464-1383 enginpod?25Caaol.com C A- No 28610 ENTGIi LEERS, PLANNERS & CONSTRUCTION MANAGERS 12" PRESERVE AREA NO CLEARING, TRIMMING MOWING, OR DUMPING IS PERMITTED WITHIN THIS PRESEERVE AREA BY ORDER OF ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS .:I LADYKO DESIGN GROUP, LLC ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS 4400 BELLE GROVE DRIVE FT. PIERCE, FLORIDA 34981 (P) 772-530-8261 (F) 772AO42-1383 1 811 FIGURE 4 SUNSET BEACH P. U. D. PRESERVE AREA MANAGEMENT PLAN PRESERVE AREA SIGN Packet Pg. 267 1 9.13.1 1 HELP PROTECT ST. LUC3E COUNTY'S SEA TURTLES SEA TURTLE NESTI NGfHATCHING SEASON MARCHI- NOVEMBER 15 ❑O NOT INTERFERE VATH NESTING FEMALES, EGGS OR HATQ> UNGS LEAVE NESTS, MARKERS. SIGNSAND PROTECTWE SCREENS UNDISTURBED SHIELD OR TURN OFF ALL UCdiTS THAT SHINE ON THE 13EACH OR ARE VISIBLE FROM THE BEACH. THIS INCLUDES CAR HEADLIGHTS. RSHVNG LAMPS. FLASHBULBS AND FLASHLIGHTS KEEP PETS OFF OF THE BEACH CAMPFIRES AND MOTOR=VEHICLES ARE PROHIBITED ST. LUCIE COUNTY 1T 4'X4'XS' PRESSURE TREATEDTIMBER POST 4400 BELLE GROVE DRIVE FT. PIERCE, FL .34981 PHONE: 772-530-8261 Vadyko esign T TT � LLC FAX: M-464-1383 CA -No 28610aol.coD cngroup, C A_ No. 26610 ENGINEERS, PLANN 'RS & CONSTRUCTION MANAGERS 12" HELP PROTECT ST. LUCIE COUNTY'S SEA TURTLES SEA TURTLE NESTING/HATCHING SEASON MARCH 1 - NOVEMBER 15 DO NOT INTERFERE WITH NESTING FEMALES, EGGS OR HATCHLINGS LEAVE NESTS, MARKERS, SIGNS AND PROTECTIVE SCREENS UNDISTURBED SHIELD OR TURN OFF ALL LIGHTS THAT SHINE ON THE BEACH OR ARE VISIBLE FROM THE BEACH, THIS INCLUDES CAR HEADLIGHTS, FISHING LAMPS, FLASHBULBS AND FLASHLIGHTS KEEP PETS OFF OF THE BEACH CAMPFIRES AND MOTORIZED VEHICLES ARE PROHIBITED THE HARRASSMENT OR DISTURBANCE OF A SEA TURTLE, ITS NEST OR EGGS IS A FEDERAL OFFENSE, PUNISHABLE BY UP TO 1 YEAR IN JAIL, A FINE OR BOTH. ST. LUCIE COUNTY ENVIRONMENTAL RESOURCES DIVISION 2300 VIRGINIAAVENU FT. PIERCE, FLORIDA 34982 (P) 772462-2526 (F) 772-462-1684 1811 FIGURE 5 SUNSET BEACH P.U.D. PRESERVE AREA MANAGEMENT PLAN SEA TURTLE PROTECTION SIGN r Ln r O N W w Packet Pg. 268 TYPICAL SECTION 1 9.113.1 1 25' PLANT SCHEDULE PLANT BOTANICAWOMMON CONT Rv Ipomoea Pe5--Caprae / Railroad Vine I Gallon @ 30 oc D5 delianthus Delbih5 / Oune Sunflower Liner @ 36" oc 50 Uruofa Paniculata / Sea Oats' Liner @ 30 oc 5PP Pa5palum Vagmatum /'5ea5hore Pa5Palum Liner @ 3G" oc 5PC 5partma Patens / 5partma Cordgra55 BIZ @ 30' oc ` Uniola Paniculata to be planted or 3' centers along entire frontal dune with other species interspersed throughout 1. PLANTS NATIVE TO FLORIDA MAY BE SUBSTITUTED FOR THOSE LISTED, ACCORDING TO AVAILABILITY AND SIZE, WITH THE WRITTEN AUTHORIZATION OF THE AGENCIES AND THE ENVIRONMENTAL CONSULTANT. 2. LOCATION OF PLANTS MAY BE FIELD ADJUSTED IN ORDER TO PROVIDE THE BEST GROWING CONDITIONS. 3_ PLANT MATERIAL, SHALL BE INSPECTED BY THE ENVIRONMENTAL CONSULTANT PRIOR TO INSTALLATION. 4. ALL PLANTS SHALL BE INSTALLED IN HEALTHY AND VIGOROUS CONDITION, AND SHALL BE FREE OF WEEDS, DISEASE AND INSECT EGGS OR LARVAE. 5. CONTRACTOR IS RESPONSIBLE FOR THE PROPER WATERING AND FERTILIZATION OF THE INSTALLED PLANTS FOR A PERIOD OF NOT LESS THAN ONE (1) YEAR. 6. ROOT BOUND CONTAINER PLANTS WILL NOT BE ACCEPTED. 7. USE FLORIDA GOLD NO —FLOAT CYPRESS MULCH OR EQUIVALENT. 4400 $EU-F GROVE DRIVE 481 HOME 772- 038261 Vadyko esign LLC FAX: 772-4"-1383 C C_�AinPod?Z50ol.com cngroup, _ No.28b10 ENGINEERS, PLANNERS & CONSTRUCTION NL4NAGERS FIGURE 6 SUNSET BEACH P. U. D. PRESERVE AREA MANAGEMENT PLAN FRONT DUNE PLANTING PLAN Packet Pg. 269 TYPICAL 5ECTION 1 9.113.1 1 vp 'v. 0 P 251 80 PLANT SCHEDULE 5YMBOL PLANT BOTANICAL/COMMON CONT 55' Di5tichik5 5picata / 5ea5hore 5altgra55 Liner @ 3G" cc CP' Panicum Amarum / Coastal Panigra55 Liner. @ 3G"' oc BC" Urnodia Littorali5 / Beach Creeper Liner @ 36" oc 5P 5erenoa Repen5/ Saw Palmetto I Gal. @ G' oc ACk BG 5uriana Maritima / Bay Cedar I Gal. @ G' oc CP Chry5obalanu5cac0 Icaco / Cocoplum I Gal. @ f or, oc 49> UY 5G Coccoloba Uvifera / Sea Grape 3 Gal. @ I O" oc " GROUNDCOVPR PLANT MIX 1. PLANTS NATIVE TO FLORIDA MAY BE SUBSTITUTED FOR THOSE LISTED, ACCORDING TO AVAILABILITY AND SIZE, WITH THE WRITTEN AUTHORIZATION OF THE AGENCIES AND THE ENVIRONMENTAL CONSULTANT. 2. LOCATION OF PLANTS MAY BE FIELD ADJUSTED IN ORDER TO PROVIDE THE BEST GROWING CONDITIONS. 3. PLANT MATERIAL, SHALL BE INSPECTED BY THE ENVIRONMENTAL CONSULTANT PRIOR TO INSTALLATION. 4. ALL PLANTS SHALL BE INSTALLED IN HEALTHY AND VIGOROUS CONDITION, AND SHALL BE FREE OF WEEDS. DISEASE AND INSECT EGGS OR LARVAE. 5. CONTRACTOR IS RESPONSIBLE FOR THE PROPER WATERING AND FERTILIZATION OF THE INSTALLED PLANTS FOR A PERIOD OF NOT LESS THAN ONE (1) YEAR. 6. ROOT BOUND CONTAINER PLANTS WILL NOT BE ACCEPTED. 7. USE FLORIDA GOLD NO --FLOAT CYPRESS MULCH OR EQUIVALENT. 4400 BELLE GROVE DRIVE FE_ PIERCE, FL 34981 Vadyko PHONE: TP--.;30-13MI eszgn coup, LLC FAX: 772-464-1383 cngin pod22-Claol.com C.A. No. 78620 ENGINEERS. PLANNERS & CONSTRI ICTION MANAGERS FIGURE 7 SUNSET BEACH P.U.D. PRESERVE AREA MANAGEMENT PLAN BACK DUNE (STRAND) PLANTING PLAN LO 0 N Cn W W d a a m as C N E t v R Q Packet Pg. 270 1 I 93.1 I \ OLD GCCL 9��l 1 (P. . 16, PG. 321 RECORDED M 20, 1978) ri \ _ NEW CCCL SEPiEM6ER 15. 1968� � '4p5Ep ElAiApCEU YAN6ROVL � � � - M4TI.AN0 SWAMP a ./- — arty♦ ' _ _ JIIRISOICTIONAL LINE A T5 \41 _ - A FLAGC�.IN APRIL 7D05 - ® r�y idi+ APPROX. MEAN (� "GH wnTER LINE gQ$ UNE (EL = 0.52 NAVO) Q CD (L PRESERVE AREA SIGN � \ t" \ \ 4 \ •@ \ moo L- IQ Q AREA SIGN ® DUNE CROSSOVER RESERVATION ++ ZONE � � m r_ E T3 ® T� B(C 01 i PHOTO LOCATION LEGEND ` 1 - �^ ENlIAIICED YANCR6VE � ry LEGEd ME11A�a r1lAfAP Y� � PT% RE5 \ _ ZONE. dT10lt 0 UPLAND BUFFER AREA 1.59 AC.} 1 - o U) WETLAND PRESERVE AREA (13.0 AC.) - 1 1 Lu DUNE PRESERVATION AREA (7.74 AC.)E400; MAN- 1 o STATE OYMED LANDS (1.18 AC.) I J I Pam' °VE �_D T1 - - m a TRANSECT (NO.) p m ■ ^ _ - T1 ` m PRESERVE SIGN LOCATION - - - - _ _ _ _ - �•' GccL � N (P.(( 16. PG. J2} Q (Pei 16 IB) (RECORDED E MARPI 30. PHOTO LOCATION \°0,s, Imo) q 1 ` u QUADRAT NO. Q FIGURE 8 ,;400BE=GROVE DRIVE SUNSET BEACH P. U. D. adyko F102VE:7n-530 829 61 PRESERVE AREA MANAGEMENT PLAN esign FAX 772-464-1383 eng9npod225C�aol.mm �'011p, LLC C.A. No. 28610 MONPP(?RING PI,M ENGINEERS, PLANNERS CONSTRUCTION MANAGERS �Pg. 9.B.m SUNSET BEACH P.U.D. In St. Lucie County SEA TURTLE PROTECTION PLAN Prepared for CL-RP Hutchinson, LLC 2870 Peachtree Road Unit 176 Atlanta, Georgia 30305-2918 Prepared By Ladyko Design Group, LLC 4400 Belle Grove Drive Ft. Pierce, FL 34981 (P) 772-530-8261 (F) 772-464-1383 September 2014 1 Packet Pg. 272 9.B.m C 11��IITr►� �►��." Section Description page 1.00 INTRODUCTION..................................................................................... 3 2.00 PROPERTY OWNERSHIP....................................................................... 3 3.00 LEGAL DESCRIPTION...........................................................................4 4.00 .................. LIGHTING INFORMATION .............................................. ...4 4.01 SLCLDC Section 6.04.02(1).......................................................5 4.02 Outdoor Sources.......................................................................... 8 4.03 Indoor Sources.............................................................................9 5.00 DEVELOPMENT INFORMATION 5.01 Construction Schedule.................................................................9 5.02 Shore -Line Impacts (Beach)........................................................9 5.03 Construction Materials Seaward of Dune Line (Beach) ............. 9 5.04 Temporary Lighting/Construction Lighting Seaward of Dune Line (Beach).................................................10 5.05 Marine Turtle Protective Measures...........................................10 5.06 Record Keeping & Maintenance ............................................... I I LIST OF FIGURES'E F, igure# Description Page 1 of 4 Location Map............................................................................ .......12 2 of 4 Proposed Site Plan...................................................................................13 3 of 4 Sea Turtle Information Sign Data........................................................14 2 o� 0 N N W W Packet Pg. 273 9.B.m SEA TURTLE PROTECTION PLAN QUEENS ISLAND PRESERVE 1.0 INTRODUCTION The following Sea Turtle Protection Plan (STPP) for the Sunset Beach P.U.D. project site is provided in compliance with section 6.04.02 of the St. Lucie County Land Development Code (LDC), and the rules and regulations regarding development activity on a barrier island where sea turtles are known to habitat as set forth by the Florida Fish and Wildlife Conservation Commission (FFWCC), Florida Department of Environmental Protection (FDEP) and the South Florida Water Management District (SFWMD). The project site consists of approximately 32.44 acres of land located east and west of State Road A 1 A (S.R. A-1-A), and south of St. Lucie County's Frederick Douglas Park on South Hutchinson Island (Figures 1 and 2 of 4). The project site is located in Section 15 Township 35 South, Range 41 East, St. Lucie County, Florida. N co LU The purpose of this Sea Turtle Protection Plan is to protect sea turtles from disruption of "sea c finding" due to adjacent light pollution during nesting and hatching season which occurs from March 1 a c through November 15. Location of the proposed project is consistent with adjacent structures located ° as north and south of the project site, and west of the 1988 Coastal Construction Control Line (CCCL). a 2.0 PROPERTY OWNERSHIP The property is owned by CL-RP HUTCHINSON, LLC having its principal place of business at 2870 Peachtree Road, Unit 176, Atlanta, Georgia 30309. 3 Packet Pg. 274 9.B.m 3.0 LEGAL DESCRIPTION The legal description(s) for the Sunset Beach P.U.D. project site, as depicted on the Site Plan prepared by Ladyko Design Group, LLC. (LDG, LLC is as follows: Parcel ID #2529-233-0002-000/0 Government Lot 2, less the north 938.84 ft. and less the right-of-way of State Road A-1-A and Government Lot 3, less the right-of-way of State Road A-1-A, lying in Section 29, Township 35 S, Range 41 East, St. Lucie County, Florida. 4.00 LIGHTING INFORMATION The following lighting plan will be employed by the Sunset Beach P.U.D. to reduce any impacts to marine turtles. Please refer to the lighting plan and details to be submitted under separate cover. Installation of all exterior lighting will adhere to guidelines as set forth in Information Form to aD Lh Access and Reduce Impacts to Marine Turtles, published by the FDEP and Understanding, Assessing N and co w W Resolving Light -Pollution Problems on Sea Turtle Nesting Beaches, FMRI Technical Report 4TR-3, published and revised by the FFWCC, 2000. The roadways and common areas shall have the correct lighting sources provided by the Developer. Residents purchasing, building or moving into single family homes within the development, as well as the Property Owner's Association, will be notified of the strict lighting requirements, required by St. Lucie County and the Florida Department of Environmental Protection (FDEP), such that the entire project site will stay consistent with this Sea Turtle Protection Plan. M Packet Pg. 275 9.B.m 4.01 SLCLDC Section 6.04.02(1) All lighting required for the coastal development activities specified in Section 6.04.02(E)(1)(a), installed after December 1, 1986, shall comply with the following standards, as applicable, and shall be incorporated into a Sea. Turtle Protection Plan (STPP). General Prohibition No artificial public or private light source shall directly or indirectly illuminate areas seaward of the primary dune where it may deter adult female sea turtles from nesting or disorient hatchlings 2. Permanent Lighting The installation of permanent lighting should reflect the standards and mitigative measures published in the current state of the art manual pertaining to coastal lighting and sea turtle conservation. 3. Reference Availability The Community Development Director shall have copies of the current 2 state -of- the -art manuals available for review. As design and/or performance CO standards are developed or upgraded and become available, the Community Development Director may provide additional reference. CP 0 N CO W 4. Controlled Use Desian and Positionin of High Intensity Lighting a. The use of high intensity lighting for decorative and accent purposes, such as emanating from spotlights or floodlights, is prohibited. b. The use of high intensity lighting for safety and security purposes shall be limited to the minimum number required to achieve their functional role(s). C. Fixtures containing high intensity lights shall be designed and/or positioned such that they do not cause direct or indirect illumination of areas seaward of the primary dune and the source of light is not directly visible from the beach. Packet Pg. 276 9.B.m 5. Desigq and Positioning of Low Intensity.Lighting a. Wall -mount fixtures, landscape lighting and other sources of low intensity lighting shall be designed and/or positioned such that light does not directly or indirectly illuminate areas seaward of the primary dune. b. Balcony lighting is prohibited above the second level, (with the ground level being level one) on the beach and shore perpendicular side of the structure c. Low intensity lighting shall be used in parking lots within line of sight of the beach. Such lighting shall be: 1. Set on a base which raises the source of the light no higher than 42 inches off of the ground. 2. Positioned and/or shielded such that the source of the light is not visible directly or indirectly from the beach. 6. Installation of Tinted Glass or Window Tint The plan shall reflect that tinted glass or film with a visible light transmittance value of forty-five (45) percent or less shall be applied to all c windows and doors within the line of sight of the beach_ This includes the in seaward and shore perpendicular side of the structure. aP 7. Design of Vehicular Circulation by rovements and Parkin Areas: N CO LU a. Parking lots and roadways, including any paved or unpaved area upon W which motorized vehicles will operate, should be designed and/or C positioned such that vehicle headlights do not cast light towards the beach. a b. Vehicular lighting shall be shielded from the beach through the use of hedges, dune vegetation and/or other ground level barriers. Lighting for Pedestrian Traffic: a. Beach access points, dune crossovers, beach walkways, piers or any other structure on or seaward of the primary dune designed for pedestrian traffic shall use the minimum amount of light necessary to ensure safety. b. Pedestrian lighting shall be of low intensity and recessed or shielded so that the source of the light is not directly visible from the beach. 0 Packet Pg. 277 9.B.m 9. Beachfront Lighting Approval: Prior to the issuance of a Certificate of Occupancy, compliance with the beachfront lighting standards set out in the Sea Turtle Protection Plan (STPP) shall be approved as follows; a. Upon completion of the development activities, a registered Florida architect or engineer shall conduct a site inspection which shall include a night survey with all of the beachfront lighting turned on- b. The inspector shall prepare and report the inspection findings in writing to the Community Development Director identifying; 1. The date and time of initial inspection. 2. The extent of compliance with this section. 3. All areas of potential and observed non-compliance with this Section 4. Any action(s) taken to remedy observed non-compliance, if applicable S. The date(s) and time(s) of remedial inspections, if applicableWo aP c. The inspector shall sign and seal the inspection report which includes a N certification that: co w W 1. The beachfront lighting has been constructed in substantial accordance with the Sea Turtle Protection Plan (STPP). 2. The beachfront lighting does not illuminate areas seaward of the primary dune at the time of night inspection. 3. The beachfront light sources are not directly visible from the beach at the time of the night inspection. 10. Approval Not Exclusive Determination of compliance with the beachfront lighting standards set out in the STPP shall not relieve person(s) from complying with all other applicable conditions set forth in this Section or from mitigating against subsequent negative impacts to sea turtles, their nests or eggs resulting from the approved activity 7 Packet Pg. 278 9.B.m 4.02 Outdoor Sources In order to provide protection to nesting sea turtles and hatchlings. the following exterior lighting standards shall be utilized: All exterior light fixtures shall be designed and positioned so that: 1. The point source of light or any reflective surface of the light fixture is not directly visible from the beach. 2. Areas seaward of the frontal dune are not directly or indirectly illuminated, and 3. Areas seaward of the frontal dune are not cumulatively illuminated. • All exterior lighting within the project area shall be completely shielded downlight fixtures or recessed fixtures having low wattage (i.e., 50 watts o less) bulbs and non -reflective interior surfaces. a • Up -lights are prohibited in all areas of the project area. • Lamps/bulbs on shore and shore perpendicular side of structure, and on as m landward side of structure, if visible from any section of beach, shall be 570 nanometers or longer. Co All fixtures shall be mounted as low in elevation as possible through the use CD of low -mounted wall fixtures, low bollards and ground level fixtures.Lh • Exterior lights used expressly for safety or security purposes shall be 0 N Co limited to the minimum number and configuration required to achieve their W functional roles. c • Only low intensity lighting shall be used in parking areas within the line -of- 2 a sight of the beach and positioned or shielded so that the light cast o downward and the source of the light or any reflective surface of the light fixture is not visible from the beach and does not directly or indirectly c illuminate the beach. a` In general, shielded low pressure sodium vapor lamps and fixtures shall be used to provide security lighting within the parking lot and access areas. Placement of fixtures will not allow any illumination on the nesting beach, either through direct or reflective illumination. Security lighting during construction shall be limited in number, shielded and low -mounted. Security lighting will not be directed towards the beach. Best Available Technology (BAT) will be employed. 8 Packet Pg. 279 9.B.m 4.03 Indoor Sources In order to provide protection to nesting sea turtles and hatchlings, the following interior lighting standards shall be utilized within homes facing the Atlantic Ocean.: • Lights shall be turned off in rooms that are not in use. 0 Window treatments (e.g_; blinds, curtains) shall be used to shield interior lights form the beach. Moveable lamps shall be placed away from windows that are visible from the beach. • Windows will be tinted so that light passing from inside to outside is substantially reduced, tinted windows/treatment will reduce visible light from the inside to 45% or less (transmittance less than or equal to 45%). • Best Available Technology (BAT) will be employed by the project. 5.00 DEVELOPMENT INFORMATION 5.01 Construction Schedule aP Coastal Development shall be limited to the maximum extent possible to the non - nesting season (November 15 through February 29). Coastal Development occurring during any N portion of the nesting season (March 1 through November 15) shall be conducted during daylight w hours W 5.02 Shore -Line Impacts (Beach) No construction will occur seaward of the 1988 CCCL; except for one (1) raised dune cross -over structure for pedestrian access to the beach (Figure 3 of 4). 5.03 Construction Materials Seaward of the Dune Line Beach No construction vehicles or construction will occur seaward of the dune line. E Packet Pg. 280 9.B.m 5.04 Temnorary_LightingjConstruction LiahtinM Seaward of Dune Line (Beach) No temporary construction lighting is anticipated for this project. if temporary lighting is required during the nesting season, it shall be restricted to the minimal amount necessary and shall incorporate all of the standards in Section 4.01 of this Sea Turtle Protection Plan_ 5.05 Marine Turtle Protective Measures c E • All private single family homes must obtain an approved lighting plan 'L through FDEP prior to the installation of any lighting on any part of the a private lot. This applies to all lots for the project, including lots on the Westside of S.R. A-1-A. c d • No infrastructure or public area lighting may be installed without prior E approval from FDEP. This includes temporary construction lighting. a • Four -foot (4') high day -glow fencing will be installed at the site along the o 1988 CCCL to prevent access of equipment and personnel. • A permanent marine turtle information sign (Figure 4 of 4) will be posted M along the dune crossover structure (Figure 3 of 4). a • There will be no direct or indirect lighting on the beach. All lighting will be m shielded, low mounted and low -wattage. • No trash or debris will be allowed from the construction site onto the beach CO or dune area. • Proper window treatments will be employed by the Applicant. aP • Development activity shall be limited to the maximum extent possible to the CO N CO non -nesting seasons. W Development activities proposed landward of the CCCL during nesting season (March 1 to November 15) shall be conducted during daylight hours whenever possible. No development activities are proposed seaward of the CCCL, except for one (1) raised dune cross -over structure for pedestrian access to the beach. No nighttime construction is proposed for the project site that would require any protective/mitigative measures regarding light impacts. • Through the nesting seasons, any exterior lights visible from the beach shall be turned off between sunset and sunrise. Residents shall be educated regarding sea turtles nesting and lighting requirements. Best Available Technology (BAT) will be employed at all times. 10 Packet Pg. 281 9.B.m 5.06 Record Keeping & Maintenance Daily Nesting Surveys shall be conducted in accordance with all Federal, State and St. Lucie County Land Development Code, Section 6.04.02(G)(6)(e). Daily Records shall include the following information and shall be provided to the St. Lucie County Growth Management Director by the person(s) identified in Section 6.04.02(F)(1)(a)(1) of the St. Lucie County Land Development Code upon completion of the Development Activities, or at the end of the Sea Turtle Nesting Season, whichever comes first. • Date of the Preliminary Site Survey. • Date(s) of the Daily Nesting Survey. • Date(s) of the Exclusion Fence Monitoring. • The Observed Nesting Activity within the Development Area. • The Number of Nests Relocated. • The Number of Eggs per Nest Relocated. • The Nest Relocation Area(s). • The Hatch Success if Required. • The Effectiveness of the Exclusion Fence(s). The Names) of the Permitted Agent of the State performing the Monitoring in Program. aP If Nests are known to be present during a Preliminary Site Survey and cannot be located or removed to a safe habitat, development shall be delayed for sixty (60) N days or until all potentially affected nests have hatched. w A Permitted Agent of the State shall conduct Daily Nesting Surveys of the development area seaward of the primary dune, and shall cage sea turtle nests or relocated the nests to a safe habitat, beginning with the Preliminary Site Survey pr a the Nesting Season, as applicable, until one (1) of the following occurs; o Exclusion Fences, if permitted by the FDEP, are erected pursuant to Section 6.04.02(G)(6)(1) of the St. Lucie County Land Development Code. Development Activities are completed. • The Nesting Season has ended. 11 Packet Pg. 282 I 9.B.m I C@ 0. 1 THE ATEANIIC SLCO. PROJECT PUD-RZ 3200104041 UNDER RENEW 1 1 OIA OCC 1 C MMQ+ 30. IYm I smloleat to lase) 1 UANEROVE WETL4ND SWAMP `--� t' M4w lees) Auwer xma LOCA1m AU0.15r zm+ Il (A) �• ', Nl-1 �(1 y o"ROVE ..WETLAND SWAMP ® } MANGROVE WETLAND SWAMP C<D 4400 BELLE GROVE DRSV£ adyko FT. PIERCE, FL 34981 PHONE: 772-530 8261 e�]n T r 1._. roue, LC FAX: 772-464-1383 enginpod225C�aolcom C.A. No. 28610 ENGINEERS, PLANNERS &C CONSTRUCTION MANAGERS A It \ {Pa aa,�m) � M4xw4rFc a) FIGURE 2 SUNSET BEACH P.U.D. SEA TURTLE PROTECTION PLAN PROPOSED SITE PLAN rn 0 N co W w Packet Pg. 284 1 I 9.B.m I HELP PROTECT. LUCIE COUNWS SEA:RTLES SEA TURTLE NESTINGIHATCHING SEASON MARCH 1-NOVEMBER 15 DO NOT INTERFERE VNTH NESTING FEMALES. EGGS OR MA.TCHLINGS LEAVE NESTS, MARKERS, SIGNS AND PROTECTIVE SCREENS UNDISTURBED SHIELD OR TURN OFF ALL LIGHTSTHAT SHINE ON THE BEACH OR ARE VISIBLE FROM THE BEACH. THIS INCLUDES CAR HEADLIGHTS HSHINGIAMPS, FLASHBULBS AND FLASH➢JGHTS KEEP PETS OFF OF THE BEACH CAMPHRES AND MOTORIZED VEHICLES ARE PROHIBITED ST. ONE COUNTY ZB' 4'x4'X8' PRESSURE TREATEDTiMBER POST 4400 SEIZE GROVE 1)1Z1VL FT- PIERCE, FL 34981 PHONE. 772-530-8261 Vadyko esgn roup, LT—C FAX 772-464-1383 cuginpai225PaOI com C.A. No. 286I0 ENGINEERS, PLANNERS & CONSTRUCTION MANAGERS 1211 HELP PROTECT ST. LUCIE COUNTY'S SEA TURTLES SEA TURTLE NESTING/HATCHING SEASON MARCH 1 - NOVEMBER 15 DO NOT INTERFERE WITH NESTING FEMALES, EGGS OR HATCHLINGS LEAVE NESTS, MARKERS, SIGNS AND PROTECTIVE SCREENS UNDISTURBED SHIELD OR TURN OFF ALL LIGHTS THAT SHINE ON THE BEACH OR ARE VISIBLE FROM THE BEACH. THIS INCLUDES CAR HEADLIGHTS, FISHING LAMPS, FLASHBULBS AND FLASHLIGHTS KEEP PETS OFF OF THE BEACH CAMPFIRES AND MOTORIZED VEHICLES ARE PROHIBITED THE HARRASSMENT OR DISTURBANCE OF A SEA TURTLE, ITS NEST OR EGGS IS A FEDERAL OFFENSE, PUNISHABLE BY UP TO 1 YEAR IN JAIL, A FINE OR BOTH. ENVIRONMENTAL RESOURCES DIVISION 2300 \A RGI NIA AVENU FT. PIERCE, FLORIDA 34962 (P) 772-462-2526 (F) 772462-1684 FIGURE 1814 SUNSET BEACH P.U.D. SEA TURTLE PROTECTION PLAN SEA TURTLE PROTECTION SIGN 3 O� O N N W w Packet Pg. 285 1 9.B.n • Development Review Committee Site Plan Sign -Off Sheet Site Plan Name: Sunset Beach PUD Site Plan Number: PUD-06-023 Division: Saint Lucie County Fire District DRC Member: Captain Derek Foxx Phone #: 772-621-3322 Review Date: 12/28/06 & 07/17/2007 & 05/12/2008 & 02/27/2008 & 03/25/2009 & 04/06/2009 & 03/24/2015 I have reviewed the above referenced site plan and determined the following: Site Plan Approved F-I Site Plan Approved with Conditions: FXI (List all conditions in full format on how you wish for them to be listed in the development order) Site Plan Rejected (give reasons): ❑ Required revisions or reasons for rejection (attach additional sheets if necessary): The Following Revisions Are Necessary: Packet Pg. 286 9.B.n 4. Plans indicate a minimum side setback as 5ft. This does not meet the requirements of the fire district. Minimum side set -back required is Eft or 12 ft total between exterior walls. Please revise. (NOT SATISFIED) Is the applicant proposing to fire sprinkler all buildings within this project? If so, the applicant needs to record that note as a part of the site plan as well as in the Development Order. Without this requirement the setback requirements shall be maintained. 7. Having spoken with the applicant representative regarding requirement 4. The project is approved with the condition that comment 4 is satisfied by the owners. By means of fire sprinklers or meeting the minimum setback requirements. 8. at). Packet Pg. 287 9.B.o N U Wig} O r KAI Ca V . I / I � E (1) 3 I CL I ro 4 n C0 r^ I I I Lagaps, j� > I E I 1a9p0r, v sis� I? 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I i I I I I I I I II I -------------------------- ----------------------------------- "tuna aagogsaa>lp --------------------- w IL a T— Cp N Cn NW N Q. m 0 00 of c m t V Q Packet Pg. 288 I 9.B.o I / ' � f 1 � ' 1 I • `4,___.!_.-* rid i QD U O C t� Cn O {�4 C O o " U � 2 m� ry U2 m IL Eta U = Q j a) c� O _U b c OL 0 U a) � p o CO Lo 1 1 1 ! 1 1 Packet Pg. 290 9.B.o N N z C C� o (N _1 a ^:r= N LL T-- ^- a a m n m L CU Q O Q to U I 00 I10 to go r� I� � 1 (B O� co 40 L 0 Q 1 dG��NO 1 0 Q Of ia 1 = o�-Q U} ♦ m [r U I m � m U U a o L c N Q U O CL O U (U i= � p O 1 1 1 r r Packet Pg. 291 9.B.p ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA JUNE 2, 2015 NOTICE OF PROPOSED MAJOR ADJUSTMENT TO PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) SITE PLAN The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by resolution: RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A MAJOR ADJUSTMENT TO A PREVIOUS APPROVED PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) SITE PLAN KNOWN AS SUNSET BEACH PUD APPLICANT: CL-RP Hutchinson, LLC FILE NUMBER: SPMJ 920144814 PURPOSE: The proposed adjustment to the Preliminary PUD Site Plan includes the following: • An increase in the size of land to be developed from 29.15 acres to 34.22 acres due to a change in the location of the mean high water line. • The reduction of one (1) single family lot. • The re -location of the common recreational amenity towards the center of the project. • The re -location of the access road to reduce wetland impacts. LOCATION: East side of South Ocean Drive, approximately 1,700 feet north of the Middle Cove Beach access on South Hutchinson Island. PARCEL ID NUMBER: 2529-233-0002-000-0 (PLACE MAP HERE) The public hearing on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on June 2 2016 beginning at 6.00 p.m. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to Form 11-04 BOCC Display Ad Packet Pg. 292 9.B.p the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department — Planning offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, FL during regular business hours. Please call (772)462-2822 or TDD (772)462-1428 if you have any questions or require additional information about this petition. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time to a date - certain. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T. D.D. (772)462-1428. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ISI PAULA LEWIS, MADAME CHAIR PUBLISH DATE: MAY 20, 2015 18 pt. type for heading No smaller than 2 column inches wide by 10 inches long Send Proof to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 Send Bill to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 LO 0 N , U) w W Form 11-04 BOCC Display Ad Packet Pg. 293 9.B.p Sunset Beach - N SPMJ-920144814 A c ?an a� 0 N Cn W w Form 11-04 BOCC Display Ad Packet Pg. 294 Public Hearing Date: June 2, 2015 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM Applicant CL-RP Hutchinson, LLC 2870 Peachtree Rd, Ste 170 Atlanta, GA 30305 Accent for Applicant Ladyko Design Group, LLC 4400 Belle Grove Drive Fort Pierce, FL 34981 Property Location East side of South Ocean Dr., approximately 1,700 ft. north of the Middle Cove Beach access on South Hutchinson Island. Zonincl HIRD (Hutchinson Island Residential District) Future Land Use RU (Residential Urban - 5 dwelling units/acre) Staff Recommendation Approval. Location i L PUBLIC HEARING NOTICE Notice of Proposed Major Adjustment to Preliminary Planned Unit Development (PUD) Site Plan File Number: SPMJ 920144814 4Y t Sunset Beach SPMJ-920144814 Subject Atlantic Ocean � FPl? P'��erpkifil � Public Hearing Description All interested persons will be given an Petition of CL-RP Hutchinson, LLC for opportunity to be heard. Written a Major Adjustment to a previous comments received in advance of the Planned Unit Development (PUD) Site public hearing will also be considered. Plan that was approved by the Board Written comments to the BOCC should of County Commissioners (BOCC) on be received by the Planning and June 2, 2009 for 44 single family Development Services (PDS) Department residential lots. - Planning Division at least three (3) days prior to the scheduled public hearing. The proposed site plan adjustment includes the following: Further details are available in the PDS Department, Planning Division. 1) An increase in size of land to be Please contact: developed from 29.15 acres to 34.22 acres due to a change in the Jeffrey Johnson, Senior Planner location of the mean high water Telephone: 772-462-1580 (direct) line; Email johnsonj@stlucieco.org 2) The reduction of one (1) single family residential lot; Anyone with a disability requiring 3) The re -location of the common accommodations to attend this meeting recreational amenity towards the may contact the St. Lucie County center of the project; and Community Risk Manager in advance @ 4) The re -location of the main access 772-462-1546 or TDD 772-462-1428. road to reduce wetland impacts. 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M N N M N N N N- N N N N N N M N M N M M 0- N M Ln Ln In in Ln Ln Ln Ln Ln m Ln m m Ln Ln m In In m Il] 0- 0O 9,.j fV N N N N N N N N N N N N N N N N N N N Q Q Packet Pg. 296 9.B.p Form 08-47 Project Name Applicant: PLANNING & DEVELOPMENT SERVICES PLANNING DIVISION PUBLIC NOTICE SIGN CONTENT Sunset Beach PUD CL-RP Hutchinson, LLC Public Hearing Body: Board of County Commissioners Public Hearing Date: June 2, 2015 This Sign must be installed no later than May 20, 2015 Required sign content: Heading: NOTICE OF PUBLIC HEARING Body: Petition of CL-RP Hutchinson, LLC for a Major Adjustment to a previous approved Preliminary Planned Unit Development (PUD) Site Plan known as Sunset Beach PUD. The meeting is to be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on, Tuesday, June 2, 2015 @ 6:00 p.m. or as soon thereafter as possible before the Board of County Commissioners. Copies of the petition are available at the front desk in the Planning and Development Services Department, County Administration Building, 2300 Virginia Avenue, Fort Pierce. If you have any questions please call the Planning Division at 772-462-2822. r O� 0 N w 0 r :r 0 z E oli a� r c as E a Packet Pg. 297 9.B.q ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft_ Pierce, FL 34982 Office: 772-462-2822 -- Fax., 772-462-1581 4ttp://AAivvw.stiucieco.org/plannin.qlplanning.htm DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Tvve rcheck each that ap Ip ies Site Plan Rezonin s ❑ Major Site Plan � Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) 0 Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ElMajor Adjustment to Minor Site Plan Comprehensive Plan Amendment a ' Major Adjustment to PUD/PNRD/PMUD ., i Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan :-i Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) C Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) Prelim. Planned Unit Develop. (PUD) Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop_ (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' L, Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variances ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home 5 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants Extension to Development Order ❑ Historical Designation/Change6 ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # $ ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights Waiver to LDC/Comp- Plan Requirements 9 ❑ Appeal of Decision by Administrative Officiai'0 ❑ Eminent Domain Waiver" Aoolication Suonlement Packages.... 1. Conditional Use 6. Historical Designation/Change 10_ Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning 1 Zoning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp- Plan 5_ Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable €ee(s). Page 1 of 6 Revised May 6, 2013 rn LO 0 N N w W Packet Pg. 298 9.B.q FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: %a0r r i , r�T °L� ' & Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) BASE REVIEW FEE: CONCURRENCY FEE: ERD REVIEW FEE: UTILITIES ❑ PER ACREAGE CHARGE: ❑ RESUBMITTAL FEE: (if applicable) ❑ OTHER SUBTOTAL OF BASIC FEES ❑ PRE -APPLICATION MEETING FEE: (F) Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ -,Q 000. c+c(A) $ 0 OP (B) $ /C cp(C) $�u $(- � _) deduction d SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (if Applicable) Additional fees will be due if a 3`" party traffic study review is needed_ These services will be invoiced to applicant upon receipt of quote of services from 3 d party_ • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures"_ Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting �� ��uRe est 7Ct�I�.S T� + C C ptL-)a_ Armlicant Name (Printed) Signature of applicant TIZ�L.� (For office use only) INTAKE REVIEWER - SIGNATURE VERIFIED BY - SIGNATURE File Number: Page 2 of 6 Revised February 13, 2014 DATE DATE Number: Packet Pg. 299 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) Aerial Photograph — property outlined (available from Property Appraiser's office Property Deed Legal description, in MS Word format, of subject property " Property Tax Map — property outlined (electronic copy not required) Survey (24x36) 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: `o Site Plan 24"x36" at a scale of 1"=50' (12 copies- folded, not rolled) Boundary Survey (24x36) — Signed and Sealed (12 originals) Topographic Survey (24x36) — Signed and Sealed (12 originals) Landscape Plan —Signed and Sealed (12 originals) rL Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units m o Development on N_ or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if -.(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; rn o The property is identified on the "Native Habitat Inventory for SLC'; 'O o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; N o Development on N. or S, Hutchinson Island N w Development Order Extension Applications only require the following: v c ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) 2 r ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order 0- Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval Four (4) Original Molars are due following final staff review. *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser'a website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing (s). Page 3 of 6 Revised February 13, 2014 Packet Pg. 300 Project Information Project Name: Site address: Parcel ID Number(s): _ Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) Z_07 a3 Z`��S" 7W&_ Property location — Section/Township/Range: 9 Property size — acres: Square footage-_ % Future Land Use Designation. - Zoning District:���/ Description of project: (Attach additional sheets if necessary) 7Xi6,�-7- l t�r'�Gf" �► � "4"DP'P_c1 �svcT tc ,�iJ L�, 7l�f s1'1 ? Lvrre9 irc r ThF >� :�t� � % L? lei CrZ y C`.,20,S„ " G:pJr "% ice r� iD / `� % � �d "! D / D /' T o ,Z i�+ir if7" �Q. ss�i6>�rfs rV Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing Residential No. of residential units: Existing No. of subdivided lots: Existing ❑ Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised February 13, 2014 Proposed: Proposed: 44- Proposed: *13 Proposed: Packet Pg. 301 9.B.q SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St- Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information Property Developer): �) Agent Information: Business Name: C L.� f`� U-rW 10 w - Business Name: ZAo- ke Dc—s&- Sf - , mv- L ei Name: Name: 67/nq a ' P. - Address: 'Z870 P_A6WT_KZEC Address: -00 4�C/c 6114 e_ (Please use an address that can accept-overn ght (Please use an address that can accept overnight packages) packages) Phone: :._.� Phone: Fax: Fax: 77C2 - Email: 13`� L�r�nr r G lit ,i�t �'l�C, Email: if n% OC 6Q r'�• _C1 Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized m signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on beh_alf of said property owner- � � 1�1c [i i. rn C L - R' Progeny caner Signature Prop Owner Name (Printed) O Mailing Address: Z T(27F__&_ OPPhone: d ��+ ` - C� If more than one o ner, please submit additional W `1 , RD pages � J j jC� r STATE OF e r- r COUNTY OF 2 a The foregoing instrument was acknowledged before me this day of 20 '- a r c by L6td( 0 L r a who is personally known to me or who has produced Page 5 of 6 Revised February 13, 2014 Packet Pg. 302 9.B.q Required Document Naming List All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document_ Document Document Fonnat Required Name on CD Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev_ df Boundary 1 Topographic Survey PDF BoundaryTopo.pdf Drainage 1 Stormwater Plan PDF Draina ePin_ df Easements PDF Easements.pdf Environmental Impact Report PDF or Word EIR.pdf or EIR.doc Existing Condition Plan PDF Existin Cond.pdf Flood Plain PDF or Word Flood. df or Flood_ Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit (External) PDF Permit. df plat PDF Plat.pdf or Plat.doc Property Deed PDF Deed. df Site Plan PDF SitePlan. df Traffic Impact Report PDF or Word TIR. df or TIR.doc Tree 5urve PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle_doc Utility Plan PDF Utiliit . df Vegetation Removal A lication PDF Ve etation. df Page 6 of 6 Revised February 13, 2014 do rn LO 0 N CO w W is m rn r c m E R r a Packet Pg. 303 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 3967641 OR BOOK 3644 PAGE 2113, Recorded 06/20/2014 at 08:38 AM Doc Tax: $28350.00 9.B.r When S ann lHadley Stump Dietri 10 1 est Morse Blvd., Ste Wi ter Park. FL 32789— (Space above is for Recorder's use) QUITCLAIM DEED KNOW ALL PERSONS BY THESE PRESENTS, that Synovus Bank, a Georgia banking corporation ("Grantor"), whose address is 8025 Westside Parkway, Alpharetta, Georgia 30009, Attention: Joe Sumner, for and in consideration of Ten and 00/100 Dollars ($10.0 and of g d and uable siderat' n, o ran aid - H c ins , LL , a D limit d lia lit ny ran "), ddre i 70 ach e R , Un t l7 ,Atlanta, Ge rgi 30 5-2918, ttn: Patric Le nard, t re eipt f is is reby ac o ledged, does er by grant, bargai , ell, r is , relea d fore er itc im to G nt e, its successors a d a signs forever, all the ri lit, i e, mtere ,claim or em d which G nt has or may have ha in and to a th t tract of any, described n xhibit A, att he ereto and ea art ereof e " op "), ogether with all the rig ts, asements, privi es, enements here 'tam and ppurt nances t er to belongi or in any way appertai operty does e the pri feside e of Grantor. TO HAVE AND TO HOLD the Property and all rights, easements, privileges, tenements, hereditaments and appurtenances thereto in fee simple. IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name, by its proper officer thereunto duly authorized, this 16 day of June, 2014. Q Packet Pg. 304 OR BOOK 3644 PAGE 2114 9.B.r Signed, Sealed and Delivered GRANTOR: in the presence of: SY] ACKNOWLEDGMENT STATE OF U ) ss: COUNTY OF Chtypt. ) B i d f Cou tyyad s da of ne, 2014, er n y a peared o e known to es w o s bscribed the name f t e Grantor to e regoi g i strume as ' ac o ledged before me hat e executed t e s e as is ree and vo nand as th fre and voluntary act nd eed of SYN V S BA K, ses ain set fo ROE J. C oTAR,. Publ [SEAL] IsvPIRFIS , GEOIIGIA ' NOV.2.2015 C"s' •'�•A.UI3L1G•..� 2~� •RCKEE G0 fit Q Packet Pg. 305 OR BOOK 3644 PAGE 2115 9.B.r EXHIBIT "A" Government Lot 2, less the North 938.84 feet and less the right of way of State Road A-1-A; and Government Lot 3, less the right of way of State Road A-1-A, Section 29, Township 35 South, Range 41 east, St. Lucie County, Florida Packet Pg. 306 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3i 32 33 34 35 36 37 38 39 4C JOSEPH E. SIAIT" CLERK OF THE CIRCUIT COURT SAINT LUCJE C TY == ww -C PDS14-004 (File No. BCC 120144715) AN ORDER GRANTING A TWO-YEAR LAND DEVELOPMENT CODE ADMINISTRATIVE EXTENSION TO SITE PLANS PROVIDED BY SECTION 11.02.06.13.4 TO THE SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY APPROVED PRELIMINARY PLANNED UNIT DEVELOPMENT SITE PLAN FOR THE PROJECT KNOWN AS SUNSET BEACH - PUD. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for Development Order administrative extension timely submitted and in accordance with the provisions of Section 11.02,06.B.4 of the St. Lucie County Land Development Code on behalf of Synovus Bank and has made the following determinations: 1. On, June 2, 2009, the St. Lucie County Board of County Commissioners granted approval, through Resolution No. 09-026, to the petition of Sunset Beach Investments, LLC, for the Preliminary Planned Unit Development Site Plan approval for the project known as Sunset Beach-PUD, on property located on the east side of South Ocean Drive, approximately 1,700 feet north of the Middle Cove Beach access, and more particularly described in Part D below. 2. On January 26, 2010, the Planning and Development Services Director in accordance with Florida Statutes Community Renewal Act authorized a site plan extension which expired on June 2, 2013. 3. On December 17, 2013 the St. Lucie County Board of County Commissioners adopted Ordinance 2013-43 amending the text of the Land Development Code to provide for a two year administrative extension of approved site plans. 4. The amendment provides that in recognition of the real estate market conditions, any local government issued site plan that has an expiration date of January 1, 2013 through December 31, 2014, may be eligible to be extended and renewed for a period of two (2) years following its date of expiration. 5. The amendment further provides that for all site plans expired between the dates of January 1, 2013 and February 29, 2014, the request for the Land File No.: BCC 120144715 February 24, 2014 PDS 14-004 Page 1 Packet Pg. 307 9.B.s 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Development Code extension must be timely made in writing by February 28, 2014; identify the specific authorization for which the extension is requested, the intended use of the extension and the anticipated time frame for acting on the authorization. 6. Further, pursuant to Section 11.02.06, the request for the Land Development Code administrative extension must be reviewed by Planning and Development Services staff and found not to be in significant noncompliance with the original St. Lucie County development order granting approval. 7. Planning Staff has performed a detailed analysis of the project and determined the administrative extension is consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the memorandum titled Preliminary Sunset Beach PUD Administrative Extension, dated January 29, 2014, NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to the provisions of Section 11.02.06.B.4, the Preliminary Planned Unit Development Site Plan approval for the project known as Sunset Beach-PUD has been found to be eligible for and consistent with the provisions contained in administrative extensions to site plans such that the approval granted under Resolution No. 09-026 and further extended under GM 10-026 is extended for two years from its scheduled expiration date of June 2, 2013 and shall now expire June 2, 2015, subject to the following conditions: 1. All previous conditions of approval applicable to the subject property, as contained in Resolution No. 09-026 have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines previously established by Chapter 11 of the LDC and the Board of County Commissioners unless expressly modified herein. ENVIRONMENTAL RESOURCES DEPARTMENT 2. Condition F-1 of Resolution No. 09-026, is hereby amended to read: •. ... w a . .ow.. r . File No.: BCC 120144715 February 24, 2014 PDS 14-004 Page 2 Packet Pg. 308 9.B.s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 and provided With all req6iireedd feedderal and state peFFRits,, inGluding these age r S development plans, the approval aSrequared^b"-the I=D(;. The appliGaRt Will nnf 616e the Ong ty'S development approval to prevent GempliaRGe with aRY fedeFal or state ageRG The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any_ liability on the part of the County_ if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. - - • • - ■ • . - ■ - w - Em.11 rOn • A . . ■Bureauof BeaGhes ■ . Coastal■ . • fo GGRStFU4011 seawaFd of the G . a G t a I GORG46140—A.. Comprehensive Plan 2. commencementAll other applicable state or federal permits must be obtained before of develoloment. C, Prior to the issuance of a Veaetation Removal Permit or Exemption, the applicant shall revise the Preserve Area Monitoring and Management Plan �PAMMP) as follows: a. Include the maintenance and restoration of the dune will be performed as required "in order to maintain the dune as specified in the dune restoration plan" b. Include proposed preserve area signage and posting plan. D. Rer-a;GLDC 6�2i Prior to the issuance of a Vegetation Removal Permit or Exemption, the applicant shall revise the Sea Turtle Protection Plan as follows: a. Include the name of the general contractor b. Include construction schedule c. Include a copy of proposed signage d. Include a reference regarding compliance 6.04.02 of the SLC LDC. with all standards set forth in e. Include a required onsite meeting and lighting inspection with ERD staff E. Prior to the issuance of a Vegetation Removal Permit or Exemption, Tthe applicant shall revise the HOA/Covenants Conditions and Restrictions File No.: BCC 120144715 February 24, 2014 PDS 14-004 Page 3 LO 0 N U) w W Packet Pg. 309 9.B.s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 documents to include references to the PAMMP, Dune Restoration, and Conservation easement documents. F. Prior to _issuance of any Vegetation Removal Permit or Exemption copies of the approved_ Preserve Area Monitoring and Management Plan (PAMMP) and Sea Turtle Protection Plan (STPP) with an attached affidavit attesting to the existence of these documents and their applicability to the property along with a cashier's check (payable to the Clerk of Court) for recording fees shall be provided to the County. The affidavit attesting to the existence of these documents and their applicability to the proPerty shall be recorded in the lands records of St. Lucie Coun and the documents shall be kept of file with the St. Lucie County Planning and Development Services Department and the St. Lucie County Environmental Resources Department. The terms of this condition shall not apply for any Vegetation Removal Permit or Exemption, for the property associated with the lawfully authorized dune restoration works as permitted by the Florida Department of Environmental Protection. G. Prior to the issuance of a_Vegetation Removal Permit or Exemption the applicant shall provide the St. Lucie County Environmental Resources Department with an updated Environmental Impact Report (EIR). H. Within 90 days of Final PUD Site Plan approval or prior to approval of a Notice of Vegetation Removal, whichever comes first, the applicant shall provide all required executed SLC conservation (or SFWMD) easements, with a PAMP to be recorded as affidavit to the easement, for all preserves onsite, including the dune preservation zone and wetland with associated buffer as depicted on the site plan, along with a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. No easement will be approved if there are modifications made to the SLC or SFWMD easement form without prior approval of the County Attorney and ERD. Failure to perform this condition within the specified timeframe may result in revocation of the site plan approval. I. Prior to the issuance of a Vegetation Removal Permit or Exemption the Landscape Plan shall be revised as follows: a. Include statement that all installed plant materials shall be irrigated "in accordance with SLC LDC 7.09.03(C); File No.: BCC 120144715 February 24, 2014 PDS 14-004 Page 4 LO 0 N U) LU W Packet Pg. 310 9.B.s 1 2 3 4 5 6 7 8 9 10 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 b. Include statement that all plant materials specified as Florida No. 1 grade or better Per SLC LDC 7.09.03(E); c. Include statement that cypress mulch is prohibited per SLC LDC 7.09.04(L)3.a, on the Landscape Plan. • _ . •w • . . •• . • • r •• r _ • • • • • 3. Condition F-2 of Resolution No. 09-026, remains. Within Ninety (90) days of Final PUD Site Plan approval, the developer, successor or assignee shall provide proof of an escrow account or account held in reserve acceptable to the County Attorney, for the cost of total dune reconstruction and perpetual dune maintenance per the approved Preserve Area Management Plan. GROWTH MANAGEMENT DEPARTMENT 4. Condition F-3 of Resolution No. 09-026, remains, Prior to expiration of this Preliminary PUD Development Order approval, the developer, successor or assignee shall submit an application for Final PUD Site Plan approval which shall meet the requirements of Section 11.02,05.6; and shall meet the criteria for substantial conformity with this Preliminary PUD Site Plan. 5. Condition F-4 of Resolution No. 09-026, remains. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be revised to provide vehicular access to the abutting property to the south; and the developers, their successors or assigns shall enter into a cross -access agreement to provide ingress and egress to the property to the south. 6. Condition F-5 of Resolution No. 09-026, remains. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be revised to provide pedestrian, cyclist and vehicular access to the property to the west of South Ocean Drive (So. A-1-A), commonly known as Vitolo Family Park. The developers, their successors or assigns shall provide an improved, landscaped entry -way for use by the general public to access the park and connect to the Greenways and Trails system. File No.: BCC 120144715 February 24, 2014 PDS 14-004 Page 5 Packet Pg. 311 9.B.s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 7. Condition F-6 of Resolution No. 09-026, remains. Prior to Final PUD Development Order approval, the developers, their successors or assigns shall enter into an agreement, in a form acceptable to the County Attorney, to pay a $30,000 fee in lieu of providing a sidewalk along the entire east side of the right of way line for South Ocean Drive (So. A-1-A). This fee, or a portion thereof, may be pledged to the provision of the pedestrian access required in Condition Number 5 to the Vitolo Family lands. 8. Condition F-7 of Resolution No. 09-026, remains. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be revised to illustrate the required fencing and protection along the dune restoration area in accordance with the FDEP Permit Number SL-233 Final Order Condition 12.3 on page 6 which requires said sign, rope and bollard barriers, or sand fencing to prevent trampling of vegetation and erosion of the dune feature. 9. Condition F-8 of Resolution No. 09-026, remains. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be revised to provide best practices of "green development" including but not limited to a cistern system for the collection of rain water for reuse in landscape irrigation; architectural illustrations of the pool and cabana depicting innovative building practices; and the utilization of LEED technology to the greatest extent possible. 10.Condition F-9 of Resolution No. 09-026, remains. Prior to issuance of a construction permit for this project, the developers, their successors or assigns, shall have entered into an enforceable utility service agreement with St. Lucie County Utilities to ensure the provision of sewer services. This agreement shall be in a form consistent with St. Lucie County Utility District regulations regarding utility service extensions and service provisions. 11.Condition F-10 of Resolution No. 09-026, remains. Prior to issuance of a construction permit for this project, the developers, their successors or assigns, shall have entered into an enforceable utility service agreement with Fort Pierce Utilities Authority to ensure the provision of water services. This agreement shall be in a form consistent with Fort Pierce Utilities Authority regulations regarding utility service extensions and service provisions. File No.: BCC 120144715 February 24, 2014 PDS 14-004 Page 6 Packet Pg. 312 9.B.s 1 2 3 4 5 6 7 8 9 1a 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 12.Condition F-11 of Resolution No. 09-026, remains. Prior to the Final Plat approval and issuance of building permits for the project, the developer, his successors or assigns, shall submit a County Stormwater application and pay the applicable fees. 13, Condition F-12 of Resolution No. 09-026, remains. Prior to the Final Plat approval and issuance of building permits for the project, the developer, his successors or assigns, shall provide proof of receipt of the required South Florida Water Management District Environmental Resource permit. COUNTY ATTORNEY'S OFFICE 14. Condition F-13 of Resolution No. 09-026, remains. Prior to Final PUD Site Plan approval the following notations shall be made on the Final Site Plan: a. Sheet h-15 - Irrigation Plan - The street name Joe's Point should read Joe's Pond; b. Sheets 8, 9, 10, 15 - State Road A1A is missing its right-of-way; and, c. Environmental Resources Department has made a Conservation Easement a requirement for the Dune Preservation Zone, and Wetland Preserve Areas. On all Site Plan sheets pertaining to the Conservation area, please delineate the Conservation Easement and Preservation & Wetland Areas. 15. Condition F-14 of Resolution No. 09-026, remains. Prior to recordation of the Final plat, all property included in the legal description of the petition shall be subject to a Declaration of Restrictions and Covenants acceptable to the County Attorney's office which shall include the following: a. Formation of a single "master' property owner's association, automatic voting membership in the master association by any party holding title to any portion of the subject property, and assessment of all members of the master association for the cost of maintaining all common areas; b. All recreation parcels shall be deed restricted to recreation for the use of the residents of the development. At the time of turnover of the POA/HOA, the recreation parcel shall be turned over to the association at no cost to the File No.: BCC 120144715 February 24, 2014 PDS 14-004 Page 7 Packet Pg. 313 9.B.s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 residents; and, c The property shall not be subject to the Declaration of Restrictions in phases. Approval of the Declaration must be obtained from the County Attorney's office prior to the recordation of the Final plat for any portion of the planned development; and, d. All sales brochures, sales contracts, and POA/HOA documents shall contain written disclosures of the current CBRA designation at the time of the sale for insurance purposes. MOSQUITO CONTROL 16, Condition F-15 of Resolution No. 09-026, remains. After the completion of construction of this project, the developers, their successors or assigns, or designated HOA/POA shall be responsible for the perpetual maintenance of the mosquito control culverts. The flushing culverts must be maintained in functional order at all times, and undergo maintenance immediately after all catastrophic events to remove debris and sand that accrue to block water exchange after these events. SLC Mosquito Control Department and SLC Public Works will make periodic inspections of these facilities to ensure compliance with this condition. B. The property on which this development order extension is being granted is described as follows: GOVERNMENT LOT 2, LESS THE NORTH 938.84 FEET AND LESS THE RIGHT OF WAY OF STATE ROAD A-1-A; AND GOVERNMENT LOT 3, LESS THE RIGHT OF WAY OF STATE ROAD A-1-A, SECTION 29, TOWNSHIP 35S, RANGE 41 E, ST. LUCIE COUNTY, FLORIDA. Parcel ID# 2529-233-0002-000/0 LOCATION: On the east side of South Ocean Drive on South Hutchinson Island, 1700 ft north of Middle Cove Beach access. C. The conditions set forth in Part A are an integral non severable part of the site plan approval granted by Resolution No. 09-026. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, this development order extension approval granted by this resolution shall become null and void. D. The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause notation of this Order to be made on the Official File No.: BCC 120144715 February 24, 2014 PDS 14-004 Page 8 Packet Pg. 314 9.B.s 1 2 3 4 5 6 7 8 9 10 11 22 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Zoning Map of St. Lucie County Florida and to make notation of reference to the date of adoption of this Resolution. E. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 24th day of February, 2014. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA -4 BY /'za��= Mark Satterle , AICP, Director APPROVED AS TO FORM AND COR CTNESS: County Attorney LAP GAPlanninglPROJECT FILESISunset Beach LDC Extension File No.: BCC 120144715 February 24, 2014 PDS 14-004 Page 9 Packet Pg. 315 9.B.t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 GM-10-006 (File No. PUD 06-023) AN ORDER GRANTING A TWO-YEAR STATUTORY EXTENSION PROVIDED BY THE COMMUNITY RENEWAL ACT TO THE SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY APPROVED PRELIMINARY PLANNED UNIT DEVELOPMENT SITE PLAN FOR THE PROJECT TO BE KNOWN AS SUNSET BEACH - PUD. WHEREAS, the St. Lucie County Growth Management Director has reviewed the request for Development Order extension timely submitted and in accordance with the provisions of The Community Renewal Act on behalf of Sunset Beach Investments, LLC and has made the following determinations: 1. On, June 2, 2009, the St. Lucie County Board of County Commissioners granted approval, through Resolution No. 09-026, to the petition of Sunset Beach Investments, LLC, for the Preliminary Planned Unit Development Site Plan approval for the project to be known as Sunset Beach-PUD, on property located on the east side of South Ocean Drive, approximately 1,700 feet north of the Middle Cove Beach access, and more particularly described in Part D below. 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009- 96, Laws of Florida, more commonly known as the "Community Renewal Act" (the "ACT"). 3. The Act provides that in recognition of the 2009 real estate market conditions, any local government issued development order or permit that has an expiration date of September 1, 2008 through January 1, 2012, may be eligible to be extended and renewed for a period of two (2) years following its date of expiration. 4. The Act further provides that the request for statutory extension must be timely made in writing by December 31, 2009; identify the specific authorization for which the extension is requested, the intended use of the extension and the anticipated time frame for acting on the authorization. 5. Further, pursuant to the Act, the request for statutory extension must be reviewed by Growth Management staff and found not to be in significant noncompliance File No.: PUD 06-023 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT January 26, 2010 SAINT LUCIE COUNTY FILE # 3439437 02/0812010 at 10$ 3 D Type: ORD OR BOOK 3169 RECORDING: $27.00E 1782 GM Order 10-006 Page 1 Packet Pg. 316 9.B.t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 with the original St. Lucie County development order granting approval. 6. Any extension granted pursuant to the Act, is the result of the St. Lucie County Board of County Commissioners' good faith interpretation of the Act. By accepting this extension, the applicant acknowledges that there are portions of the Act that are ambiguous, and that there are contrary interpretations of the Act. The applicant also acknowledges that the constitutionality of the Act has been challenged. Accordingly, by accepting this extension, the applicant agrees to hold St. Lucie County harmless in the event a court of competent jurisdiction determines that the extension granted by St. Lucie County were not legally granted, or in the event that the extension is subsequently revoked based on the constitutional challenge to the Act. 7. This statutory extension is exclusive of and runs concurrently with any request for approval extension that may be provided by the St Lucie County Land Development Code. Any Land Development Code extension must be applied for, reviewed and approved in accordance with the provisions of the Land Development Code. NOW, THEREFORE, BE IT ORDERED by the St. Lucie county Growth Management Director for County Commissioners of St. Lucie County, Florida: A. Pursuant to the provisions of the "Community Renewal Act" of 2009, the Preliminary Planned Unit Development Site Plan approval for the project to be known as Sunset Beach-PUD has been found to be eligible for and consistent with the provisions contained in Section 14 of SB 360 such that the approval granted under that Resolution No. 09-026 is extended for two years from its scheduled expiration date of June 2, 2011 and shall now expire June 2, 2013. B. All terms and conditions of Resolution No. 09-026, shall continue to remain in full force and effect unless otherwise amended. C. In the event that a court determines that the Act is unconstitutional, the extension granted by this order shall become null and void. D. The property on which this development order extension is being granted is described as follows: GOVERNMENT LOT 2, LESS THE NORTH 938.84 FEET AND LESS THE RIGHT OF WAY OF STATE ROAD A-1-A; AND GOVERNMENT LOT 3, LESS THE RIGHT OF WAY OF STATE ROAD A-1-A, SECTION 29, TOWNSHIP 35S, RANGE 41 E, ST. LUCIE COUNTY, FLORIDA. File No.: PUD 06-023 January 26, 2010 GM Order 10-006 Page 2 Packet Pg. 317 9.B.t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Parcel ID# 2529-233-0002-000/0 LOCATION: On the east side of South Ocean Drive on South Hutchinson Island, 1700 ft north of Middle Cove Beach access. E. The conditions set forth in Part B are an integral non severable part of the site plan approval granted by Resolution No. 09-026. If any condition set forth in Part B is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, this development order extension approval granted by this resolution shall become null and void. F. The St. Lucie County Growth Management Director is hereby authorized and directed to cause notation of this Order to be made on the Official Zoning Map of St. Lucie County Florida and to make notation of reference to the date of adoption of this Resolution. G. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 26th day of January, 2010. GROWTH MANAGEMENT DIRECTOR ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: LAP G:\Planning\PROJECT FILES\Sunset Beach\SB360\GMOrder 10-006.SB360.docX File No.: PUD 06-023 January 26, 2010 GM Order 10-006 Page 3 Packet Pg. 318 3 s RESOLUTION NO. 09-026 FILE NO.: PUD 06-023 �rIYJ Received By mfcW JUN 3 0 2009 Growth Management 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 7 ST. LUCIE COUNTY, FLORIDA, GRANTING A WAIVER FROM THE 8 COMPREHENSIVE PLAN POLICY 8.1.14.2 AND 8.1.14.5; AND, 9 GRANTING PRELIMINARY PLANNED UNIT DEVELOPMENT SITE 10 PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS SUNSET 11 BEACH--PUD ON 29.15 ACRES OF LAND SITUATE IN ST. LUCIE 12 COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: WAIVER Sunset Beach, Investments, LLC, a Georgia Limited Liability Company, presented a petition for a waiver from the Comprehensive Plan Policy 8.1.14.2 for 0.67 acres of direct impact in a Category 1 wetland to allow the construction of an access roadway and mosquito control improvements, and, Policy 8.1.14.5 to allow the encroachment of a 0.02 turf block emergency vehicle turnaround area, access roadway, pool parking, and a 0.02 acre lift station and turnaround area, in the 50 foot buffer required between the wetland and the residential development activity, located on South Hutchinson Island for certain property in St. Lucie County, Florida. The purpose is to provide for Preliminary Planned Unit Development Site Plan approval for the project to be known as Sunset Beach —PUD which is a proposed 44 unit residential -subdivision on the East side of South Ocean Drive approximately 1,700 feet north of the Middle Cove Beach access in the HIRD (Hutchinson Island Residential District) Zoning District. 2. On June 2, 2009, this Board held a public hearing on the petition of Sunset Beach Investments, LLC, after publishing a notice of such hearing in the St. Lucie News Tribune and notifying by mail all property owners within 500 feet at least 10 days prior to the hearing, for the property depicted on the attached Maps as Exhibit "A" and described in Section "G" below. 3. After consideration of the testimony presented during the June 2, 2009 public hearing, including staff comments and the standards of review for granting a waiver as set out in Policy 8.1.14.2(d), St. Lucie County Comprehensive Plan, the Board of County Commissioners has made the following determination: a. The requested waiver, subject to the conditions in Section F below meets the standards of review as set forth in Policy 8.1.14.2(d) of the St. Lucie County Comprehensive Plan. 47 b. The waiver granted will not impair other property or improvements in the neighborhood. Y7 r LO 0 N co w JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3360678 06/24/2009 al 04:26 PM June 2, 2009 OR BOOK 3102 PAGE 2008 - 2019 Doc Type: RESO Resolution No. 09-026 Page 1 of 9 RECORDING: $103.50 Sunset Beach PUD 06-023 Packet Pg. 319 9.B.0 c. The waiver granted is the minimum needed to allow for access to the proposed planned unit development and to provide for the retaining wall, access road, parking, turnaround located at the north end of Joe's Pond Drive and structures east of Sea Pearl Drive. d. The waiver granted meets the general spirit and intent of the St. Lucie County Land Development Code and the St. Lucie County Comprehensive Plan. SITE PLAN 4. Sunset Beach Investments LLC a Georgia Limited Liability Company, presented a petition for Preliminary Planned Unit Development Site Plan approval for the project to be known as Sunset Beach PUD which is a proposed 44 unit residential subdivision on the East side of South Ocean Drive approximately 1,700 feet north of the Middle Cove beach access in the HIRD (Hutchinson Island Residential District) Zoning District. 5. On June 2, 2009, this Board held a public hearing on the petition of Sunset Beach Investments, LLC, after publishing a notice of such hearing in the St. Lucie News Tribune and notifying by mail all property owners within 500 feet at least 10 days prior to the hearing, for the property depicted on .the attached Maps as Exhibit "A" and described in Section "G" below. 6. On April 16, 2009, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition of Sunset Beach Investments, LLC, after publishing a notice of in such hearing in the St.. Lucie News Tribune and notifying by mail all property owners within 500 feet at least 10 days prior to the hearing, and recommended that the Board of T County Commissioners approve the Preliminary Planned Unit Development for the r project to be known as Sunset Beach-PUD for the property depicted on the attached N Maps as Exhibit "A" and described in Section "G" below. Cn w W 4. The Development Review Committee has reviewed the Preliminary Planned Unit N Development Site Plan for the proposed project and found it to meet all technical o requirements and to be consistent with the future land use maps of the St. Lucie o County Comprehensive Plan, subject to the conditions set forth in Section "F" of this o Resolution. 5. The proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. 6. 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. 7. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. June 2, 2009 Resolution No. 09-02 Page 2 of 9 Sunset Beach PUD 06-02 Packet Pg. 320 9.B.0 8. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 9. The proposed project will be served by the Fort Pierce Utilities Authority for potable water and the St. Lucie County Utilities for wastewater services. 10. The applicant has demonstrated that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: WAIVER A. The petition for a Waiver from the Provisions of Policy 8.1.14.2 and 8.1.14.5, St. Lucie County Comprehensive Plan, for the alteration of wetlands and impacts to wetland buffers when no other reasonable alternative exists and avoidance and minimization of impacts cannot otherwise be achieved, submitted by Sunset Beach Investments, LLC, a Georgia Limited Liability Company is granted for the property described below, subject to the following conditions described in Section "F": B. The property on which this waiver request is being approved is described in Section ."G". C. This waiver will allow for the access road for the project to be known as Sunset Beach to directly impact 0.67 acres of a Category 1 wetland. Due to the size of the wetland, the impacts from the ingress -egress road, parking, turnaround and buildings are unavoidable. r O N D. This waiver shall not be valid for a period longer than the approval granted in Section cis LU "H" of this Resolution. W E. The Waivers granted under this Resolution are to enable development of the site as depicted on the Preliminary Planned Unit Development Site Plan drawings prepared by Kimley-Horn and Associates, Inc., dated April 2008 and date stamped received by the St. Lucie County Growth Management Director on May 5, 2009 and is limited to the uses and site design approved by the Board of County Commissioners on June 2, 2009. Any modifications that have an environmental impact must be approved by the Board of County Commissioners or said Waiver is null and void (unless the proposed changes are required to meet conditions of approval.) SITE PLAN F. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Preliminary Planned Unit Development Site Plan for 44 residential units to be known Q as Sunset Beach-PUD, is hereby approved as shown on the site plan drawings for the project prepared by Kimley-Horn and Associates, Inc., dated April 2008 and date June 2, 2009 Resolution No, 09-026 Page 3 of 9 Sunset Beach PUD 06-02 Packet Pg. 321 9.B.0 stamped received by the St. Lucie County Growth Management Director on May 5, 2009 subject to the following conditions: ENVIRONMENTAL RESOURCES DEPARTMENT Prior to issuance of a SLC Vegetation Removal Permit or Exemption, the following conditions must be met: A. The applicant will comply with all state and federal agency regulations and L requirements including but not limited to Florida Fish and Wildlife Service, c Florida Fish and Wildlife Conservation Commission, U.S. Army Corps of E Engineers, and Florida Department of Environmental Protection. Prior to L approval of a Notice of Vegetation Removal, the applicant shall have a obtained and provided SLC with all required federal and state permits, w including those for wetland impacts and endangered species permits. If federal or state agency compliance requires modification to the development E plans, the applicant will promptly modify the plans and submit to SLC for = review and approval as required by the LDC. The applicant will not use the Q County's development approval to prevent compliance with any federal or o state agency requirements. F B. The applicant shall provide written authorization from Florida Department of Environmental Protection Bureau of Beaches and Coastal Division for construction seaward of the Coastal Construction Line per SLC a Comprehensive Plan Policy 7.1.5.1. C. The applicant shall revise the PAMP as follows: CU a. Include the maintenance and restoration of the dune will be performed m as required "in order to maintain the dune as specified in the dune restoration plan" in b. Include proposed preserve area signage and posting plan D. Per SLC LDC 6.04.02, the applicant shall revise the Sea Turtle Protection Plan as follows r a. include the name of the general contractor N b. Include construction schedule LU w c. Include a copy of proposed signage W d. Include a reference regarding compliance with all standards set forth N in 6.04.02 of the SLC LDC. o e. Include a required onsite meeting and lighting inspection with ERD o staff 0 E. The applicant shall revise the HOAICovenants Conditions and Restrictions documents to include references to the PAMP, Dune Restoration, and 0 Conservation easement documents. o: F. Within 90 days of Final PUD Site Plan approval or prior to approval of a 3 Notice of Vegetation Removal, whichever comes first, the applicant shall o0 provide all required executed SLC conservation (or SFWMD) easements, with a PAMP to be recorded as affidavit to the easement, for all preserves onsite, including the dune preservation zone and wetland with associated buffer as' depicted on the site plan, along with a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Q Attorney for review and approval. No easement will be approved if there are modifications made to the SLC or SFWMD easement form without prior approval of the County Attorney and ERD. Failure to perform this condition June 2, 2009 Resolution No. 09-0 Page 4 of 9 Sunset Beach PUD 06-0 Packet Pg. 322 9.B.0 within the specified timeframe may result in revocation of the site plan approval. G. The applicant shall provide a copy of the Stormwater Pollution Prevention Plan issued through Florida Department of Environmental Protection per SLC LDC 6.00.05(C)14 and 6.02.01(C)2. H. Landscape Plan shall be revised as follows: a. Include statement that all installed plant materials shall be irrigated "in accordance with SLC LDC 7.09.03(C); b. Include statement that all plant materials specified as Florida No. 1 grade or better Per SLC LDC 7.09.03(E); c. Include statement that cypress mulch is prohibited per SLC LDC 7.09.04(L)3.a, on the Landscape Plan. I. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall execute an improvement agreement for all required landscaping and tree mitigation, including on -site and off -site preservation and/or relocation. 2. Within Ninety (90) days of Final PUD Site Plan approval, the developer, successor or assignee shall provide proof of an escrow account or account held in reserve acceptable to the County Attorney, for the cost of total dune reconstruction and perpetual dune maintenance per the approved Preserve Area Management Plan. GROWTH MANAGEMENT DEPARTMENT 3. Prior to expiration of this Preliminary PUD Development Order approval, the developer, successor or assignee shall submit an application for Final PUD Site Plan approval which shall meet the requirements of Section 11.02.05.13; and shall meet the criteria for substantial conformity with this Preliminary PUD Site Plan. 4. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be T revised to provide vehicular access to the abutting property to the south; and the r developers, their successors or assigns shall enter into a cross -access N agreement to provide ingress and egress to the property to the south. w W 5. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be N revised to provide pedestrian, cyclist and vehicular access to the property to the o west of South Ocean Drive (So. A-1-A), commonly known as Vitolo Family Park. o The developers, their successors or assigns shall provide an improved, o landscaped entry -way for use by the general public to access the park and connect to the Greenways and Trails system. o 6. Prior to Final PUD Development Order approval, the developers, their successors or assigns shall enter into an agreement, in a form acceptable to the County Attorney, to pay a $30,000 fee in lieu of providing a sidewalk along the entire east side of the right of way line for South Ocean Drive (So. A-1-A). This fee, or a portion thereof, may be pledged to the provision of the pedestrian access required in Condition Number 5 to the Vitolo Family lands. 7. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be revised to illustrate the required fencing and protection along the dune restoration area in accordance with the FDEP Permit Number SL-233 Final Order Condition June 2, 2009 Resolution No. 09-0215 Page 5 of 9 Sunset Beach PUD 06-02 Packet Pg. 323 9.B.0 12.3 on page 6 which requires said sign, rope and bollard barriers, or sand fencing to prevent, trampling of vegetation and erosion of the dune feature. 8. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be revised to provide best practices of "green development" including but not limited to a cistern system for the collection of rain water for reuse in landscape irrigation; architectural illustrations of the pool and cabana depicting innovative building practices; and the utilization of LEED technology to the greatest extent possible. 9. Prior to issuance of a construction permit for this project, the developers, their successors or assigns, shall have entered into an enforceable utility service agreement with St. Lucie County Utilities to ensure the provision of sewer services. This agreement shall be in a form consistent with St. Lucie County Utility District regulations regarding utility service extensions and service provisions. 10. Prior to issuance of a construction permit for this project, the developers, their successors or assigns, shall have entered into an enforceable utility service agreement with Fort Pierce Utilities Authority to ensure the provision of water services. This agreement shall be in a form consistent with Fort Pierce Utilities Authority regulations regarding utility service extensions and service provisions. 11. Prior to the Final Plat approval and issuance of building permits for the project, the developer, his successors or assigns, shall submit a County Stormwater application and pay the applicable fees. 12. Prior to the Final Plat approval and issuance of building permits for the project, the in developer, his successors or assigns, shall provide proof of receipt of the required South Florida Water Management District Environmental Resource oP permit. LO r O N COUNTY ATTORNEY'S OFFICE w o: 13. Prior to Final PUD Site Plan approval the following notations shall be made on N the Final Site Plan: O a. Sheet L-15 - Irrigation Plan - The street name Joe's Point should read Joe's Pond; b. Sheets 8, 9, 10, 15 - State Road A1A is missing its right-of-way; and, C. Environmental Resources Department has made a Conservation Easement a requirement for the Dune Preservation Zone, and Wetland Preserve Areas. On all Site Plan sheets pertaining to the Conservation area, please delineate the Conservation Easement and Preservation & Wetland Areas. 14. Prior to recordation of the Final plat, all property included in the legal description of the petition shall be subject to a Declaration of Restrictions and Covenants acceptable to the County Attorney's office which shall include the following: June 2, 2009 Resolution No. 09-02 Page 6 of 9 Sunset Beach PUD 06-02 Packet Pg. 324 9.B.0 a. Formation of a single "master" property owner's association, automatic voting membership in the master association by any party holding title to any portion of the subject property, and assessment of all members of the master association for the cost of maintaining all common areas; b. All recreation parcels shall be deed restricted to recreation for the use of the residents of the development. At the time of turnover of the POAIHOA, the recreation parcel shall be turned over to the association at no cost to the residents; and, C. The property shall not be subject to the Declaration of Restrictions in phases. Approval of the Declaration must be obtained from the County Attorney's office prior to the recordation of the Final plat for any portion of the planned development; and, d. All sales brochures, sales contracts, and POAIHOA documents shall contain written disclosures of the current CBRA designation at the time of the sale for insurance purposes. MOSQUITO CONTROL 15. After the completion of construction of this project, the developers, their successors or assigns, or designated HOAIPOA shall be responsible for the perpetual maintenance of the mosquito control culverts. The flushing culverts must be maintained in functional order at all times, and undergo maintenance immediately after all catastrophic events to remove debris and sand that accrue to block water exchange after these events. SLC Mosquito Control Department and SLC Public Works will make periodic inspections of these facilities to ensure compliance with this condition. GENERAL PROVISIONS G. The property on which this Preliminary Planned Unit Development Site Plan approval is being granted is described as follows: 38 GOVERNMENT LOT 2, LESS THE NORTH 938.84 FEET AND LESS THE 39 RIGHT OF WAY OF STATE ROAD A-1-A; AND GOVERNMENT LOT 3, LESS 40 THE RIGHT OF WAY OF STATE ROAD A-1-A, SECTION 29, TOWNSHIP 41 35S, RANGE 41 E, ST. LUCIE COUNTY, FLORIDA. 42 43 LOCATION: On the east side of South Ocean Drive on South Hutchinson 44 Island, 1700 ft north of Middle Cove Beach access. 45 46 H. This Preliminary Planned Unit Development Site Plan approval shall expire on June 47 2, 2011, unless an extension is granted in accordance with Section 11.02.06(B)(3), 48 St. Lucie Land Development Code or Final Planned Unit Development Site Plan approval is granted. a� LO r O N Cn w W June 2, 2009 Resolution No. 09-026 Page 7 of 9 Sunset Beach PUD 06-02 Packet Pg. 325 9.B.0 I. The Preliminary Planned Unit Development Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Sunset 3 Beach Investments, LLC, including any successors in interest, shall obtain all 4 necessary development permits and construction authorizations from the appropriate 5 State and Federal regulatory authorities, including but not limited to; the United 6 States Army Corp of Engineers, the Florida Department of Environmental Protection, 7 and the South Florida Water Management District, prior to the issuance of any local 8 building permit or authorizations to commence development activities on the property 9 described in Section "G". 10 11 J. The conditions set forth in Section "F" are an integral non -severable part of the 12 Preliminary Planned Unit Development Site Plan approval granted by this 13 Resolution. If any condition set forth in Section "F" is determined to be invalid or 14 unenforceable for any reason and the developer declines to comply voluntarily with 15 that condition, the Preliminary Planned Unit Development Site Plan approval granted 16 by this resolution shall become null and void. K. A Concurrency Deferral Affidavit, a copy of which is attached to the Resolution, was granted by the Growth Management Director on June 2, 2009. L. The petition includes a request for an Amendment to the Official Zoning Atlas to change the zoning from the HIRD (Hutchinson Island Residential) Zoning District to the PUD (Planned Unit Development - Sunset Beach) Zoning District; however, that will not be effective until such time as the property owner petitions for Final Planned Unit Development Site Plan approval and it is ultimately granted by the Board of County Commissioners. M. Upon approval of the Final PUD Site Plan, the Board of County Commissioners shall in direct the Growth Management Director to amend the Official Zoning Atlas to reflect Planned Unit Development (PUD) Zoning for the approved development. c, LO T.- N. A copy of this Resolution shall be attached to the site plan drawings described in N Section "F", which plan shall be placed on file with the St. Lucie County Growth w Management Director. W O. A copy of this Resolution shall be mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. P. This Resolution shall be recorded in the public Records of St. Lucie County, Florida. (THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) June 2, 2009 Resolution No. 09-026 Page 8 of 9 Sunset Beach PLED 06-02 Packet Pg. 326 9.B.0 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 J/ Q. ADOPTION: After motion and second, the vote on this resolution was as follows: a a� r Chair Paula A. Lewis AYE W 0 D Vice -Chair Charles Grande AYE a Commissioner Doug Coward AYE Commissioner Chris Craft AYE a` O .r Commissioner Chris Dzadovsky AYE E PASSED AND DULY ADOPTED this 2nd day of June 2009. a a BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA .° 1' a BY o Chair ' m LO APPROVED AS TO FORM c i r O LO r O N co W t0 N O O O C O 7 O N N R m a+ C N E t V Q June 2, 2009 Page 9 of 9 Resolution No. 09-026 Sunset Beach PUD 06-02 Packet Pg. 327 9.B.0 r O LO r O N Co W w r r n Packet Pg. 328 1 9.B.0 2 T r2 o �vm 0 r (D =r CL ro a 0 � 0 V p�-u " O 'CL rr " ����6 " r�i- ■ N V} d ro �: r W �* (D 0) 0 13 �. n N 0 Packet Pg. 329 9.B.0 ;3?:Ro �oT-co X r ww�.2 �G N j N � l� a � w w� aR lip I M w } 0 f r f �QaO� >�� - '01, r Cl) c D N ri- 03 n (D m o �n o W r C7 ro a) n C IL CU �n 0 D a c� c E IL` 0 c m N 7 Q O .C� G 0 a t m m Lo r O CV co W to N O cn O r_ O 0 R m L V a+ CD r C rn Packet Pg. 330 I 9.B.v I 0 Q) E 0 66 0-) N 0 :5 LLJ cn Li u� ry un N cn LLJ CD 0 0 -t- 0 CD 0 d- N 0 m 0- Q) E C v% SITE DATA TABLE ZONING ON ADJACENT APPLICANT/OWNER: SUNSET BEACH INVESTMENTS, LLC. PARCEL = HIRD 0 100 200 300 207 CARSON'S CREEK DRIVE L \ I I I ITEM -R� AREA % OF SITE MOSQUITO CONTRO FUTURE LAND USE RU DAWSONVILLE, GA 30534 E CULVERTS z PLAN ACREAGE PH.(706) 429-6278 0 %NNAM SAND AMPLE 0 SCALE IN FEET x CONTACT- CLAUDE SIMS, MANAGING MEMBER TI 1 �LOCA P.U.D ACREAGE 29.15 ACRES 100.0% Aw 7 PROPOSED ENHANCED (TO MEAN HIGH WATER) v x '�; . \ b'`\ WETLAND AREA ENGINEER: KIMLEY-HORN AND ASSOCIATES, INC., A. FEE SIMPLE ACREAGE S-14 APPROX. MEAN HIGH WATER LINE (1.97'/0.47') (DEVELOPABLE LOTS) 5.3 ACRES 18.2% 21 10521 S.W. VILLAGE CENTER DRIVE v (4 1.�) Ilk RI SUITE 103 (APRIL 2005) PORT ST. LUCIE, FL. 34987 S-13 B.BEACH ACCESS 0.1 ACRES 0.3% % PH. (772) 345-3800 A % PPROX. SEASONAL FAX (772) 286-0138 %\ 3, \xl HIGH WATE R LINE (6.76'/5.26') C. COMMON AREA ADJACENT TO ROAD 0.9 ACRES 3.1% CONTACT- JENNIFER SIMPKINS, R.E.P. '�)ROPOSED (APRIL 2005) V D.ROADWAYS & WALKWAYS 1.7 ACRES 5.8% /A�tVETLAND INIHANCED PROPOSED EXFILTRATION 39,,�' AREA IRENCH SURVEYOR CHRISTIAN FENEX A E. COMMON AREAS (WEST OF DUNE) 0.8 ACRES 2.7% MOSQUITO CON 1657 S. DIXIE HIGHWAY, STUART, FLORIDA TRO PROFESSIONAL SURVEYOR AND MAPPER STRUCTURE V' VI F. DUNE RESTORATION 3.7 ACRES 12.7% < P.O. BOX 2533, PALM CITY, FL 34991 PROPOSED PVC -2977 30 , 1�1 WATER MAIN N; 7 PH. (772)283 S-1 G. COMMON AREAS (EAST OF DUNE) 3.4 ACRES 11.7% -2979 E FAX (772)283 bqg I\ \U6 H. STORM WATER DETENTION AREA 1 II /,\, \ I TAX /\ Ili /I \� Y ID# 2529-233-0002-000/0 I /' 11 . \R\\11 I PROPOSED PVC (POND BOTTOM) 0.3 ACRES 1.0% A APPROXIMATE WATER'S -`��SANITARY SEWER EDGE v S SITE ADDRESS TO BE DETERMINED I. STORM WATER DETENTION AREA 2 (POND BOTTOM) LEGAL DESCRIPTION: 7 V7 0.2 ACRES 0.7% PROPOSED REAR LOT LINE GOVERNMENT LOT 2, LESS THE NORTH 938.84 FEET AND LESS THE 0 K- A (EL.=9.3'/7.8') - J. WETLANDS 12.8 ACRES 43.9% RIGHT OF WAY OF STATE ROAD A-1-A; AND GOVERNMENT LOT 3, JOE'S POND S-9 V LESS THE RIGHT OF WAY OF STATE ROAD A-1-A, SECTION 29, TOWNSHIP 35S, RANGE 41E, ST. LUCIE COUNTY, FLORIDA. A q 302 o OPEN SPACE (B+C+E+F+G+H+I+J) 22.2 ACRES 76.0% % -8 % 00t, S 11 -1� - �C, FLOOD ZONES y'\ "S SANk, AMPLE NI'l 03�rf A o LIFT A ON 2 '0 AN DUNE 12,000 CUBIC YARDS tv�, Vf FILL SEAWARD OF THE 1988 CCCL 1. FLOOD ZONES WERE SCALED FROM DIGITAL FEDERAL EMERGENCY STATION v MANAGEMENT AGENCY (FEMA) FLOOD ZONE MAP #1211CO194G, �vv Vv. N1�4 DEVELOPMENT BULKHEAD O\ 11,000 CUBIC YARDS DATED NOVEMBER 4, 1992. 2. THE SUBJECT PROPERTY IS IN FLOOD ZONES VE (EL.9), AE V (TYP.) 0 EXCAVATION SEAWARD OF THE 1988 CCCL ?D9 v L SIDEWAL (EL.7), AE (EL.8), All (EL.9), AND AE (EL.10) 5' SIDEWAL DRY DETENTION POND 1 275 CUBIC YARDS "A \xh 7 RAMPS AND A 0 ZONING AND LAND USE CROSS WALK NET=FILL-EXCAVATION=22,725 CUBIC YARDS E STATE OWNED LANDS 7 NOT INCLUDED IN THE �7 V7 ZONING: EXISTING PROPOSED 6' SIDEWALt "'A CONSERVATION EASEMENT) 7 -A HIRD PUD % V� FUTURE 40' GENERAL DUNE CROSSOVER LAND USE: RU (VACANT) RU Y\ REA R LOT LINE MOSQUITO CONTROL APPROXIMATE CONSTRUCTION DATES ARE OCTOBER 2008 ZONING REQUIREMENTS o 9 �7,37, 8 STRUCTURE �i %�'� ` \\\ \ \ \�� M- 2 TO OCTOBER 2009. 1. LOT DIMENSIONS CODE PROPOSED 04 N 1978 CCCL Alp x m e�% \ \STATEMENT OF ACCESS: MIN. WIDTH: 75' 40' 93 �\ x" MIN. SIZE S.F.(: //-BLDG. REI4R 8,000 5,000 ACCESS TO SUBJECT PROPERTY IS FRONTED DIRECTLY ON MIN. ROAD FRONTAGE: 30' 40' C\l SETBACK FROM I <2 \ AAND FROM STATE ROAD A-1-A (SOUTH OCEAN DRIVE). 1978 CC 9.2'/7.7- MAX. BLDG. HEIGHT: 35' 35' L EST. F.F.E. 20'± (NGVD) Nk DRAINAGE SITE TOPO SUMMARY 2. SETBACKS THE PROPOSED SITE DEVELOPMENT CONSISTS OF THE v�\l ZONING: 25' 10' 0 TREATMENT AND ATTENUATION OF STORM WATER RUNOFF SIDE: 7.5' 5 VIA A DRY DETENTION AND EXFILTRATION SYSTEM. 0 SHORELINE SIDE (CORNER LOT) 20' N/A z-am" V v-, (APRIL 2005) REAR: 'A S-18 W ig 15' 45' vfv 0 1 � -; '\ '\ WATER & WASTEWATER SERVICE 4 3. MAX. BLDG. COVERAGE: 30% 50% WATER: TILITY V FORT PIERCE U HOUSE PAD HOUSE PAD J�, 'y\ AUTHORITY (PROPOSED) 4. RIGHT-OF-WAY WIDTH: 50' 5' PROPOSED ROAD 5w 5' 5' A %\ cm 1/ 30' --\\ L-Z- 30' ENTRANCE SIGN WITH L SNE (ELEVATIONS VARY '5 WASTEWATER: ST. LUCIE COUNTY UTILITIES DENSITY TOP MOUNTED LIGHTING PER SECTIONS (26) o 7.9 6.4 .7'/7.2'i (PROPOSED) CODE PROPOSED N DRAINAGE LEVEL 2 S-HIRD-N: 100% V526% FRONT BL)G. STRUCTURE Al REUSE: ST. LUCIE COUNTY UTILITIES MAX. 8.7'/7.2' BOLLARD STYLE SF-T-RACK,.L,- BULKHEA (v - . I I I V -- "IX (PROPOSED) DENSITY LIGHTING WITH BEACH SIDEWALK: X A oi4 SIDE SHIELDING (TYP.) S-19 Z FIRE PREVENTION CODE 5 UNIT ACRE 1.5 UNITS/TOTAL ACRE, V S- 2.8 DU PER UPLAND ACRE 21 ST. LUCIE COUNTY FIRE DISTRICT SAND� I rP� It FIRE PREVENTION CODE 442-04 TOTAL ALLOWED: 145 DU ROADWAY- MOSQUITO CONTROL PUMP 44 DU 'K, STATION OR PUMPS (NECESSITY �\V SECTION 191.b. (SPECIAL HAZARD ��'�,%-AhVi 11 STRUCTURE TABLE EAST OF 1988 CCCL MPLE TIALDPROVISIONS) "ALL RESIDEN3THE DIRECTOR OF THE 81PROPOSED ENHANCEDAND LOCATION ON SITE TBD BY ��l (D 21 LO�ATIO PROPOSED TOP OF UNITS SHALL BE PROVIDED WITH AN R MOSQUITO CONTROL DISTRICT TION DIMENSION 7 DUNE RESTORATION APPROVED AUTOMATIC SPRINKLER NUMBER. TYPE GRATE 0 ql WETLAND AREA �gy \,/ vI SYSTEM IN ACCORDANCE WITH NFPA IS-8 STORM INLET US IF 510&6149 4 0 NCR TYPICAL LOT PLAN (EL. = 15. 0'/l 3.5') Ml "NW (LOTS 1-44) MOSQUITO CONTROL�Cz 'A I 'A Z 13, 13D, OR 13R AS APPROPIATE." CULVERTS ESTABLISHED BUILDING V CONSTRUCTION LINE _,.,.. _.,_. \DRAINAGE' (1978 CCCL) V, w� S-23 i� . . .. NP I -\ m STRUCTURE ". 3) \ j , - '\ Vl� kX, O'V x V11 % 0 LEGEND RESTROOMS X W, I/ �5) m 1988 CCCL PROPOSED NG- o EXISTING WETLAND \V� \ \ PROPOSED GRADE SWIMMI N& , k 40 V1, NGVD/NAVD ENHANCED \Vv POOL WETLAND AREA- W. EL=7.5'± 6.0± NGVD NGVD FILL SEAWARD OF �� \\, s\;. \°� S-24 _-.w_.._:_._: ,v :� , r .�,' 0 A U APPROX. 30YR EROSION % % L_Z THE 1988 CCCL OJECTION LINE (APRIL 2005) WETLAND IkAr)Af'TC 'k 0 A UPLAND BUFFER MOSQUITO CONTROL A V IMPROVEMENTS (0.07 AC) (1.3 AC, AVG. 4; WIDTH 30 N WETLAND IMPACTS - ROADWAY & DRAINAGE WETLAND SECONDARY ZONING ON ADJACENT 50' TURNING IMPACT AREA (0.60 AC) IMPACTS, AS REQUESTED PARCEL HIRD RADIUS BY THE FDEP (0.24 AC) FUTURE LAND USE= RU E 0 SCALE AS NOTED DATE DESIGN ENGINEER: A4 REVISED PER PUD COMMENTS MAY 2009 FHH DESIGNED BY Kimley-Horn APRIL 2 008 KEVIN M. SCHANEN, P.E. and Associates, Inc. FHH FLORIDA REGISTRATION'NUMBER: ,3\ REVISED PER PUD COMMENTS FEB 2009 FHH DRAWN BY 2009 KIMLEY-HORN AND ASSOCIATES, INC. SUNSET rb%EACH C. REVISED PER FIDEP COMMENTS �APRIL 2008 FHH PROJECT NO. 60251"' YM 4431 EMBARCADERO DRIVE, WEST PALM BEACH, FL 33407 REVISED AND COMBINED PLAN SET FOR FINAL SUBMITTAL FEB 2008] FHH CHECKED BY PHONE (561) 845-0665 FAX (561) 863-8175 SOUTH HUTCH SON ISLAND 041124000 No. REVISIONS DATE BY KMS WWW.KI M LEY- HORN, COM CA 00000696 ST. LUCIE COUNTY FLORIDA DATE: MAY 0 1, 2,0 S-9 STORM INLET USF 5106-6149 5'0 S-10 STORM MANHOLE U S IF 420 -C 4! X 8' S-11 STORM INLET USF 5106-6149 v S-12 STORM INLET USF 5106-6149 0 S-13 STORM INLET USF 5106-6149 4' 0 S-1.4 STORM INLET USF 5106-6149; 5'0 S-15 STORM INLET US F 510 6-6149 5'0 S-16 STORM INLET USF 5106-6149 4' 0, S-1.7 STORM INLET USF 5106-6149 0 S-13 -9 STORM INLET USF 5106-6 150 4'0 FS -1 FDOTTYPE"D` INLET USF6607 S-2,0 STORM INLET USF 5106-61.49 6'0 S-21 STORM INLET USF 51015-6149 4 0 S-22 STORM INLET USF 51015-6149: & 0 S23 STORM INLET U S IF 5106-6149 4' 0 S-24 STORM INLET USF 5106-6149 90 S-25 STORM INLET USF 5106-6149 4' 0 CS-3 CONTROL S TRU CTU RE USF7641 SEE DETAIL NOT FOR CONSTRUCTION PERMIT SUBMITTAL ONLY SHEET NUMBER PRELIMINARY PUD SITE PLAN 2 'PRELIMINARY PLANNFr) i- i�,iij p2\4LIgpMENT APPROVED DATF tol 2-�.. C C) BOARD OF COUNTY COMMISSION I Packet Pg. 331 9.C.1 ITEM NO. RES-2015-92 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Barbara Guettler, MSBU Project Manager MSBU Program DATE: 06/02/2015 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - Meadowood Street Lighting District Annual Assessment Resolution The assessment amount for each parcel within a Street Lighting District (SLD) is calculated by dividing the total estimated cost to provide street lighting services to the district by the number of parcels contained in each district. Per County Ordinance, Chapter 40 Section V, in the event the proposed assessment for any parcel of property exceeds the maximum amount noticed as provided pursuant to Section 40-135, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. Due to increases in the cost to provide street lighting services, the Meadowood SLD requires a public hearing to be held prior to the adoption of the 2015 assessment roll. The maximum annual assessment amount, as established in Resolution No. 10-177, was $61.72 per dwelling unit. The proposed annual assessment amount to be levied on the November 2015 tax roll is $70.44. Notice of this public hearing was published in the Ft. Pierce Tribune, as well mailed to affected property owners on May 12, 2015. PREVIOUS ACTION: March 10, 1987 - Approved Resolution No. 87-21 creating the Monte Carlo SLD December 12, 1989 - Approved Resolution No. 89-393 changing the name of the Mote Carlo SLD to Meadowood SLD. August 24, 2010 - Approved Resolution No. 10-177 converting the method of assessment for the Meadowood SLD from ad valorem to non -ad valorem based special assessments. FINANCIAL IMPACT: The revenue generated by the collection of special assessments for the Meadowood SLD will be utilized to pay the cost of providing street lighting services within the SLID. Funds will be deposited into the Meadowood SLD, Utilities/Street Lights/Traffic account (136-4115-543020-400). Packet Pg. 332 9.C.1 RECOMMENDATION: Staff recommends Board approval of the Meadowood SLD Annual Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures banie 5. McIntyre, C my ttorney 5/7/2015 Updated: 5/21/2015 9:54 AM by Kelly Phelan Page 2 Packet Pg. 333 9.C.1.a RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES IN THE MEADOWOOD STREET LIGHTING DISTRICT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON -AD VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING COUNTY RESOLUTION NO. 87-21 and 10-177; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE STREET LIGHTING SERVICES; APPROVING THE METHOD OF ASSESSING THE COST OF SUCH SERVICES AGAINST THE REAL PROPERTY SPECIALLY BENEFITTED THEREBY; APPROVING THE ASSESSMENT ROLL AND DIRECTING CERTIFICATION THEREOF TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article V, Chapter 40 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Resolution No. 87-21 and 10-177, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) On March 10, 1987, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") adopted Resolution No. 87-21 which established the Meadowood Street Lighting District (the "District') as a special improvement service district and provided for the imposition of special assessments to fund the cost of providing street lighting services, improvements and facilities therein. A map describing the boundary of the District is attached hereto as Appendix A. (B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which special assessments are imposed within special improvement service districts for purposes of funding street lighting services. Such revised procedure requires adoption of an Annual Assessment Resolution each Fiscal Year approving the Assessment Roll for the District. Packet Pg. 334 9.C.1.a Meadowood Street Lighting District Annual Assessment Resolution (C) The Ordinance generally provides that in the event the proposed assessment for any parcel of property exceeds the maximum amount established in the notice provided pursuant to Section 40-135, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. (D) As required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices B and C respectively. (E) The Assessment Roll for Fiscal Year 2015-16 has heretofore been filed and made available for public inspection at the offices of the Assessment Coordinator. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The parcels of real property located within the District and described in the Assessment Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of affected parcels. (H) The special benefits derived from the Street Lighting Services programs contemplated herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The Assessment for any parcel of property within the District does not exceed the proportional benefits that such parcel will receive compared to any other parcel therein subject to the Assessment. (1) The apportionment methodology approved herein bears a reasonable relationship to the cost of providing Street Lighting Services and is hereby approved. (J) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of providing such services among specially benefited property 2 Packet Pg. 335 9.C.1.a Meadowood Street Lighting District Annual Assessment Resolution SECTION 4. APPORTIONMENT METHODOLOGY. (A) The following apportionment methodology was utilized in preparing the Fiscal Year 2015- 16 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street Lighting Services among the parcels of real property described therein: (1) The District is substantially composed of similarly -sized single family residential parcels. Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for purposes of allocating the cost of providing the Street Lighting Services therein. (2) Individual multifamily units within the District are specially benefitted by Street Lighting Services in the same manner and to substantially the same extent as single family residential parcels, such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily units shall be assigned one EDU per multifamily unit. (3) The amount of the Assessment per EDU shall be calculated by dividing the total estimated cost of providing the Street Lighting Service by the number of EDUs in the District. (4) As of the date hereof, there are 499 EDUs located within the District. (5) For the Fiscal Year beginning October 1, 2015, the estimated cost of providing Street Lighting Services in the District is $33,318.78. Such estimated cost includes a component to fund or otherwise reimburse the County for costs incurred in administering and maintaining the Assessment program as authorized by Section 40-140 of the Ordinance. (6) The maximum amount of the Assessments to be assessed and apportioned among the parcels of real property within the District is hereby established in the amount of $70.44 per EDU for the Fiscal Year 2015-16. (B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed 10% of the amount approved hereunder, or a total annual Assessment of $77.48, without requiring additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as authorized by Section 40-137 of the Ordinance. (C) The apportionment methodology approved herein shall be utilized in preparing the Assessment Roll for the District for subsequent Fiscal Years. 3 Packet Pg. 336 9.C.1.a Meadowood Street Lighting District Annual Assessment Resolution SECTION 5. RATIFICATION AND CONFIRMATION OF DISTRICT BOUNDARY AND RESOLUTION NO. 87-21 and 10-177. The legal description of the boundary of the District as set forth in Resolution No. 87-21 and 10-177, including any amendment thereto, is hereby ratified, confirmed and incorporated herein by reference. Except as otherwise modified herein, Resolution No. 87-21 and 10-177 is hereby ratified and confirmed. SECTION 6. IMPOSITION OF ASSESSMENTS. (A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Roll are hereby levied and imposed on all parcels of property described in such Assessment Roll for the Fiscal Year beginning October 1, 2010. (B) Assessments shall constitute a lien upon the parcels of real property subject thereto equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to the Uniform Assessment Collection Act as provided in Section 40-140 of the Ordinance. The Assessment Roll, as delivered to the Tax Collector shall be accompanied by a Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix D. SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act as provided for in Section 40-139 of the Ordinance. SECTION 9. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the special benefit conveyed to assessed property by the Street Lighting Services, the apportionment methodology by which the Assessments are calculated, the Assessment Roll and the levy and lien of the Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief within twenty (20) days from the adoption date hereof. 4 Packet Pg. 337 9.C.1.a Meadowood Street Lighting District Annual Assessment Resolution SECTION 10. SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affection the validity of the other provisions of this resolution. SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. DULY ADOPTED this 2"d day of June, 2015. (SEAL) ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: Chair Approved as to Form: Deputy Clerk County Attorney 5 Packet Pg. 338 9.C.1.a Meadowood Street Lighting District Annual Assessment Resolution APPENDIX A BOUNDARY MAP OF THE DISTRICT Street Lighting District: Meadowwood " 4p,;2019 o us �a i.�w -ns za�o� 8 Packet Pg. 339 9.C.1.a APPENDIX B PROOF OF PUBLICATION Meadowood Street Lighting District Annual Assessment Resolution Packet Pg. 340 9.C.1.a Meadowood Street Lighting District Annual Assessment Resolution APPENDIX C AFFIDAVIT OF MAILING This is to certify that on May 12, 2015, a total of 473 notices of "Non -Ad Valorem Assessments" for the Meadowood Street Lighting District were mailed duly notifying the affected property owners of the Public Hearing to be held on June 2, 2015, at 6:00 p.m. in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners approved the 2015 Assessment Roll. A sample copy of the notice is hereby attached. Barbara Guettler, MSBU Project Manager St. Lucie County Sworn to and subscribed before me this _ day of , 2015, by Barbara Guettler who is personally known to me. Notary Public, State of Florida Packet Pg. 341 9.C.1.a Meadowood Street Lighting District Annual Assessment Resolution APPENDIX D FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL HEREBY CERTIFY that I am the Chair of the Board of County Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the Non -Ad Valorem Assessment Roll for such county is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non -ad valorem assessments attributable to the property listed therein have been made pursuant to law. FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2015. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non -Ad Valorem Assessment Roll this day of 2015. ST. LUCIE COUNTY, FLORIDA By: Barbara Guettler, MSBU Project Manager Packet Pg. 342 9.C.2 ITEM NO. RES-2015-93 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Project Manager MSBU Program DATE: 06/02/2015 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - Southern Oaks Street Lighting District Annual Assessment Resolution The assessment amount for each parcel within a Street Lighting District (SLD) is calculated by dividing the total estimated cost to provide street lighting services to the district by the number of parcels contained in each district. Per County Ordinance, Chapter 40 Section V, in the event the proposed assessment for any parcel of property exceeds the maximum amount noticed as provided pursuant to Section 40-135, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. Due to increases in the cost to provide street lighting services, the Southern Oaks SLD requires a public hearing to be held prior to the adoption of the 2015 assessment roll. The maximum annual assessment amount, as established in Resolution No. 10-186, was $64.65 Per dwelling unit. The proposed annual assessment amount to be levied on the November 2015 tax roll is $68.57. Notice of this public hearing was published in the Ft. Pierce Tribune, as well mailed to affected property owners on May 12, 2015. PREVIOUS ACTION: March 28, 1995 - Approved Resolution No. 95-54 creating the Southern Oaks SLD August 24, 2010 - Approved Resolution No. 10-186 converting the method of assessment for the Southern Oaks SLDs from ad valorem to non -ad valorem based special assessments. April 21, 2015 - Authorized notice of this public hearing. FINANCIAL IMPACT: The revenue generated by the collection of special assessments for the Southern Oaks SLID will be utilized to pay the cost of providing street lighting services within the SLD. Funds will be deposited into the Southern Oaks SLD, Utilities/Street Lights/Traffic account (126-4115-543020-400). Packet Pg. 343 9.C.2 RECOMMENDATION: Staff recommends Board approval of the Southern Oaks SLD Annual Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures banie 5. McIntyre, C my ttorney 5/21/2015 Updated: 5/21/2015 10:47 AM by Kelly Phelan Page 2 Packet Pg. 344 9.C.2.a RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES IN THE SOUTHERN OAKS STREET LIGHTING DISTRICT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON -AD VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING COUNTY RESOLUTION NO. 95-54 and 10-186; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE STREET LIGHTING SERVICES; APPROVING THE METHOD OF ASSESSING THE COST OF SUCH SERVICES AGAINST THE REAL PROPERTY SPECIALLY BENEFITTED THEREBY; APPROVING THE ASSESSMENT ROLL AND DIRECTING CERTIFICATION THEREOF TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article V, Chapter 40 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Resolution No. 95-54 and 10-186, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) On March 28, 1995, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") adopted Resolution No. 95-54 which established the Southern Oaks Street Lighting District (the "District') as a special improvement service district and provided for the imposition of special assessments to fund the cost of providing street lighting services, improvements and facilities therein. A map describing the boundary of the District is attached hereto as Appendix A. (B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which special assessments are imposed within special improvement service districts for purposes of funding street lighting services. Such revised procedure requires adoption of an Annual Assessment Resolution each Fiscal Year approving the Assessment Roll for the District. Packet Pg. 345 9.C.2.a Southern Oaks Street Lighting District Annual Assessment Resolution (C) The Ordinance generally provides that in the event the proposed assessment for any parcel of property exceeds the maximum amount established in the notice provided pursuant to Section 40-135, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. (D) As required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices B and C respectively. (E) The Assessment Roll for Fiscal Year 2015-16 has heretofore been filed and made available for public inspection at the offices of the Assessment Coordinator. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The parcels of real property located within the District and described in the Assessment Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of affected parcels. (H) The special benefits derived from the Street Lighting Services programs contemplated herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The Assessment for any parcel of property within the District does not exceed the proportional benefits that such parcel will receive compared to any other parcel therein subject to the Assessment. (1) The apportionment methodology approved herein bears a reasonable relationship to the cost of providing Street Lighting Services and is hereby approved. (J) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of providing such services among specially benefited property 2 Packet Pg. 346 9.C.2.a Southern Oaks Street Lighting District Annual Assessment Resolution SECTION 4. APPORTIONMENT METHODOLOGY. (A) The following apportionment methodology was utilized in preparing the Fiscal Year 2015- 16 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street Lighting Services among the parcels of real property described therein: (1) The District is substantially composed of similarly -sized single family residential parcels. Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for purposes of allocating the cost of providing the Street Lighting Services therein. (2) Individual multifamily units within the District are specially benefitted by Street Lighting Services in the same manner and to substantially the same extent as single family residential parcels, such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily units shall be assigned one EDU per multifamily unit. (3) The amount of the Assessment per EDU shall be calculated by dividing the total estimated cost of providing the Street Lighting Service by the number of EDUs in the District. (4) As of the date hereof, there are 33 EDUs located within the District. (5) For the Fiscal Year beginning October 1, 2015, the estimated cost of providing Street Lighting Services in the District is $2,262.77. Such estimated cost includes a component to fund or otherwise reimburse the County for costs incurred in administering and maintaining the Assessment program as authorized by Section 40-140 of the Ordinance. (6) The maximum amount of the Assessments to be assessed and apportioned among the parcels of real property within the District is hereby established in the amount of $68.57 per EDU for the Fiscal Year 2015-16. (B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed 10% of the amount approved hereunder, or a total annual Assessment of $75.43, without requiring additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as authorized by Section 40-137 of the Ordinance. (C) The apportionment methodology approved herein shall be utilized in preparing the Assessment Roll for the District for subsequent Fiscal Years. 3 Packet Pg. 347 9.C.2.a Southern Oaks Street Lighting District Annual Assessment Resolution SECTION 5. RATIFICATION AND CONFIRMATION OF DISTRICT BOUNDARY AND RESOLUTION NO. 95-54 and 10-186. The legal description of the boundary of the District as set forth in Resolution No. 95-54 and 10-186, including any amendment thereto, is hereby ratified, confirmed and incorporated herein by reference. Except as otherwise modified herein, Resolution No. 95-54 and 10-186 is hereby ratified and confirmed. SECTION 6. IMPOSITION OF ASSESSMENTS. (A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Roll are hereby levied and imposed on all parcels of property described in such Assessment Roll for the Fiscal Year beginning October 1, 2015. (B) Assessments shall constitute a lien upon the parcels of real property subject thereto equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to the Uniform Assessment Collection Act as provided in Section 40-140 of the Ordinance. The Assessment Roll, as delivered to the Tax Collector shall be accompanied by a Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix D. SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act as provided for in Section 40-139 of the Ordinance. SECTION 9. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the special benefit conveyed to assessed property by the Street Lighting Services, the apportionment methodology by which the Assessments are calculated, the Assessment Roll and the levy and lien of the Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief within twenty (20) days from the adoption date hereof. 4 Packet Pg. 348 9.C.2.a Southern Oaks Street Lighting District Annual Assessment Resolution SECTION 10. SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affection the validity of the other provisions of this resolution. SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. 0 J DULY ADOPTED this 2"d day of June, 2015. Y O BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE i COUNTY, FLORIDA 0 By: Chair T (SEAL) "O r O N ATTEST: Approved as to Form: (n O U) Deputy Clerk County Attorney Ln 5 Packet Pg. 349 9.C.2.a Southern Oaks Street Lighting District Annual Assessment Resolution APPENDIX A BOUNDARY MAP OF THE DISTRICT _ Street Lighting District: Southern Oaks " Apn! 2010 42DF � s CANOE CREEK LN District Boundary Parcel Boundary i N U7 N Q O J Uj N GRAND OAK AVE a 0 y ILI Q y H c7 lL 2 li Korth Fark St. Luce !7. r� i Packet Pg. 350 9.C.2.a APPENDIX B PROOF OF PUBLICATION Southern Oaks Street Lighting District Annual Assessment Resolution M O Lf� r O N U) W w O U) r O N O N N E N N Q R 7 C C Q R N U ai .r c a� E M v c� Q Packet Pg. 351 9.C.2.a Southern Oaks Street Lighting District Annual Assessment Resolution APPENDIX C AFFIDAVIT OF MAILING This is to certify that on May 12, 2015, a total of 33 notices of "Non -Ad Valorem Assessments" for the Southern Oaks Street Lighting District were mailed duly notifying the affected property owners of the Public Hearing to be held on June 2, 2015, at 6:00 p.m. in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners approved the 2015 Assessment Roll. A sample copy of the notice is hereby attached. Barbara Guettler St. Lucie County MSBU Project Manager Sworn to and subscribed before me this _ day of , 2015, by Barbara Guettler who is personally known to me. Notary Public, State of Florida Packet Pg. 352 9.C.2.a Southern Oaks Street Lighting District Annual Assessment Resolution APPENDIX D FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL HEREBY CERTIFY that I am the Chair of the Board of County Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the Non -Ad Valorem Assessment Roll for such county is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non -ad valorem assessments attributable to the property listed therein have been made pursuant to law. FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2015. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non -Ad Valorem Assessment Roll this day of 2015. ST. LUCIE COUNTY, FLORIDA By: Barbara Guettler, MSBU Project Manager Packet Pg. 353 9.C.3 ITEM NO. RES-2015-94 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Barbara Guettler, MSBU Project Manager MSBU Program DATE: 06/02/2015 *PUBLIC HEARINGS\PUBLIC WORKS Resolution - Palm Grove SLD Annual Assessment Resolution The assessment amount for each parcel within a Street Lighting District (SLD) is calculated by dividing the total estimated cost to provide street lighting services to the district by the number of parcels contained in each district. Per County Ordinance, Chapter 40 Section V, in the event the proposed assessment for any parcel of property exceeds the maximum amount noticed as provided pursuant to Section 40-135, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. Due to increases in the cost to provide street lighting services, the Palm Grove SLD requires a public hearing to be held prior to the adoption of the 2015 assessment roll. The maximum annual assessment amount, as established in Resolution No. 10-185, was $35.74 Per dwelling unit. The proposed annual assessment amount to be levied on the November 2015 tax roll is $37.80. Notice of this public hearing was published in the Ft. Pierce Tribune, as well mailed to affected property owners on May 12, 2015. PREVIOUS ACTION: May 12, 1992 - Approved Resolution No. 92-128 creating the Palm Grove SLD September 7, 2010 - Approved Resolution No. 10-185 converting the method of assessment for the Palm Grove SLD from ad valorem to non -ad valorem based special assessments. April 21, 2015 - Athorized notice of this public hearing. The revenue generated by the collection of special assessments for the Southern Oaks SLD will be utilized to pay the cost of providing street lighting services within the SLD. Funds will be deposited into the Southern Oaks SLD, Utilities/Street Lights/Traffic account (126-4115-543020-400). RECOMMENDATION: Packet Pg. 354 9.C.3 Staff recommends Board approval of the Palm Grove SLD Annual Assessment Resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures anie s. McIntyre, C my ttorney 5/21/2015 Updated: 5/21/2015 11:23 AM by Barbara Guettler Page 2 Packet Pg. 355 9.C.3.a RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES IN THE PALM GROVE STREET LIGHTING DISTRICT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON -AD VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING COUNTY RESOLUTION NO. 92-129 and 10-185; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE STREET LIGHTING SERVICES; APPROVING THE METHOD OF ASSESSING THE COST OF SUCH SERVICES AGAINST THE REAL PROPERTY SPECIALLY BENEFITTED THEREBY; APPROVING THE ASSESSMENT ROLL AND DIRECTING CERTIFICATION THEREOF TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article V, Chapter 40 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Resolution No. 92-129 and 10-185, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) On May 12, 1992, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") adopted Resolution No. 92-129 which established the Palm Grove Street Lighting District (the "District') as a special improvement service district and provided for the imposition of special assessments to fund the cost of providing street lighting services, improvements and facilities therein. A map describing the boundary of the District is attached hereto as Appendix A. (B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which special assessments are imposed within special improvement service districts for purposes of funding street lighting services. Such revised procedure requires adoption of an Annual Assessment Resolution each Fiscal Year approving the Assessment Roll for the District. Packet Pg. 356 9.C.3.a Palm Grove Street Lighting District Annual Assessment Resolution (C) The Ordinance generally provides that in the event the proposed assessment for any parcel of property exceeds the maximum amount established in the notice provided pursuant to Section 40-135, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. (D) As required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the 0 opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as —J U) m Appendices B and C respectively. o ,L^ V (E) The Assessment Roll for Fiscal Year 2015-16 has heretofore been filed and made E available for public inspection at the offices of the Assessment Coordinator. a rn (F) A public hearing has been duly held and comments and objections of all interested uO 0 persons have been heard and considered as required by law. N v� w (G) The parcels of real property located within the District and described in the Assessment W Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of affected parcels. (H) The special benefits derived from the Street Lighting Services programs contemplated herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The Assessment for any parcel of property within the District does not exceed the proportional benefits that such parcel will receive compared to any other parcel therein subject to the Assessment. (1) The apportionment methodology approved herein bears a reasonable relationship to the cost of providing Street Lighting Services and is hereby approved. (J) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of providing such services among specially benefited property 2 Packet Pg. 357 9.C.3.a Palm Grove Street Lighting District Annual Assessment Resolution SECTION 4. APPORTIONMENT METHODOLOGY. (A) The following apportionment methodology was utilized in preparing the Fiscal Year 2015- 16 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street Lighting Services among the parcels of real property described therein: (1) The District is substantially composed of similarly -sized single family residential parcels. Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for 0 purposes of allocating the cost of providing the Street Lighting Services therein. U) m (2) Individual multifamily units within the District are specially benefitted by Street Lighting o ,L^ V Services in the same manner and to substantially the same extent as single family residential parcels, E such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily a rn units shall be assigned one EDU per multifamily unit. uO 0 (3) The amount of the Assessment per EDU shall be calculated by dividing the total N v� w estimated cost of providing the Street Lighting Service by the number of EDUs in the District. W (4) As of the date hereof, there are 364 EDUs located within the District. (5) For the Fiscal Year beginning October 1, 2015, the estimated cost of providing Street Lighting Services in the District is $13,760.28. Such estimated cost includes a component to fund or otherwise reimburse the County for costs incurred in administering and maintaining the Assessment program as authorized by Section 40-140 of the Ordinance. (6) The maximum amount of the Assessments to be assessed and apportioned among the parcels of real property within the District is hereby established in the amount of $37.80 per EDU for the Fiscal Year 2015-16. (B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed 10% of the amount approved hereunder, or a total annual Assessment of $37.80, without requiring additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as authorized by Section 40-137 of the Ordinance. (C) The apportionment methodology approved herein shall be utilized in preparing the Assessment Roll for the District for subsequent Fiscal Years. 3 Packet Pg. 358 9.C.3.a Palm Grove Street Lighting District Annual Assessment Resolution SECTION 5. RATIFICATION AND CONFIRMATION OF DISTRICT BOUNDARY AND RESOLUTION NO. 92-129 and 10-185. The legal description of the boundary of the District as set forth in Resolution No. 92-129 and 10-185, including any amendment thereto, is hereby ratified, confirmed and incorporated herein by reference. Except as otherwise modified herein, Resolution No. 92-129 and 10-185 is hereby ratified and confirmed. SECTION 6. IMPOSITION OF ASSESSMENTS. 0 (A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Roll _J U) m are hereby levied and imposed on all parcels of property described in such Assessment Roll for the Fiscal o ,L^ V Year beginning October 1, 2010. E (B) Assessments shall constitute a lien upon the parcels of real property subject thereto a rn equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad uO 0 valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all N v� w other liens, titles and claims, until paid. W SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to the Uniform Assessment Collection Act as provided in Section 40-140 of the Ordinance. The Assessment Roll, as delivered to the Tax Collector shall be accompanied by a Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix D. SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act as provided for in Section 40-139 of the Ordinance. SECTION 9. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the special benefit conveyed to assessed property by the Street Lighting Services, the apportionment methodology by which the Assessments are calculated, the Assessment Roll and the levy and lien of the Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief within twenty (20) days from the adoption date hereof. 4 Packet Pg. 359 9.C.3.a Palm Grove Street Lighting District Annual Assessment Resolution SECTION 10. SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affection the validity of the other provisions of this resolution. SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. DULY ADOPTED this 2"d day of June, 2015. (SEAL) ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: Chair Approved as to Form: County Attorney 5 Packet Pg. 360 9.C.3.a Palm Grove Street Lighting District Annual Assessment Resolution APPENDIX A BOUNDARY MAP OF THE DISTRICT Street Lighting District. Palm Grove AP62010 0 175 3 0 70C 1,050 1,400 .S Feat PONDEROSA DR al% S--'Mr$ V?,g F4 6%� l a9:211—iloitalwil"f 41,101 ■NIN District Boundary Parcel Boundary Packet Pg. 361 9.C.3.a APPENDIX B PROOF OF PUBLICATION Palm Grove Street Lighting District Annual Assessment Resolution r 0 N N W d LO O N O N d r E N N a a M U ci r c m E t v cv r r Q Packet Pg. 362 9.C.3.a Palm Grove Street Lighting District Annual Assessment Resolution APPENDIX C AFFIDAVIT OF MAILING This is to certify that on May 12, 2015, a total of 364 notices of "Non -Ad Valorem Assessments" for the Palm Grove Street Lighting District were mailed duly notifying the affected property owners of the Public Hearing to be held on June 2, 2015, at 6:00 p.m. in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners approved the 2015 Assessment Roll. A sample copy of the notice is hereby attached. Barbara Guettler, MSBU Project Manager St. Lucie County Sworn to and subscribed before me this day of , 2015, by Barbara Guettler who is personally known to me. Notary Public, State of Florida Packet Pg. 363 9.C.3.a Palm Grove Street Lighting District Annual Assessment Resolution APPENDIX D FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL HEREBY CERTIFY that I am the Chair of the Board of County Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the Non -Ad Valorem Assessment Roll for such county is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non -ad valorem assessments attributable to the property listed therein have been made pursuant to law. FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2015. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non -Ad Valorem Assessment Roll this day of 2015. ST. LUCIE COUNTY, FLORIDA By: Barbara Guettler, MSBU Project Manager Packet Pg. 364 ITEM NO. RES-2015-96 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 06/02/2015 *REGULAR AGENDA\COUNTY ATTORNEY Local Option Gas Tax Resolution - Notice of Intent to Levy As the Board is aware, the Port St. Lucie City Council determined not to approve the Interlocal Agreement that was approved by the Board on May 19, 2015 pertaining to distribution of proceeds from the levy of local option gas taxes. Based on recent correspondence from the State of Florida Department of Revenue it appears that the County and the City of Port St. Lucie have at least until July 1, 2015 (not June 1) to enter into an interlocal agreement. It is County staff's intention to continue to try to negotiate an acceptable interlocal agreement with the City of Port St. Lucie. If the parties are unable to negotiate an interlocal agreement, state law requires that the County adopt a resolution of intent to levy the local option gas tax prior to June 10, 2015. In an effort to preserve the Board's options, staff has drafted a proposed resolution of intent for consideration by the Board. A copy of the draft resolution of intent is attached. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the resolution and authorize the Chair to sign the resolution. COMMISSION ACTION: Packet Pg. 365 Coordination/Signatures A Heather Young, A55t. County Attorney 6%15 Updated: 6/1/2015 11:45 AM by Heather Young Page 2 Packet Pg. 366 10.A.a RESOLUTION NO. 15-XX (NOTICE OF INTENT TO LEVY THE LOCAL OPTION FUEL TAX AUTHORIZED BY SECTION 336.025(1), FLORIDA STATUTES) WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board has previously adopted the six cent ($0.06) local option tax upon every gallon of motor fuel and diesel fuel sold in St. Lucie County pursuant to Section 336.025(1)(a), Florida Statutes and a five cent ($0.05) local option tax upon every gallon of motor fuel sold in St. Lucie County pursuant to Section 336.025(1)(b), Florida Statutes. The levy of these taxes is scheduled to expire on August 31, 2015. 2. The health, safety, and welfare of the residents of St. Lucie County will benefit from the passage of an ordinance i.e. reauthorizing the levy of the six cent ($0.06) local option tax on motor fuel and diesel fuel pursuant to Section 336.025(1)(a), Florida Statutes and a five cent ($0.05) local option tax pursuant to Section 336.025(1)(b) Florida Statutes to fund, in part, necessary transportation expenditures within St. Lucie County. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. LEVY OF LOCAL OPTION MOTOR FUEL TAX (a) Pursuant to Florida Statute, Section 336.025(1)(a), this Board intends to levy a $0.06 local option motor fuel tax upon every gallon of motor fuel and diesel fuel sold in the county, and taxed under the provisions of Florida Statutes Chapter 206. If adopted, the revenues received pursuant to the tax levied pursuant to this paragraph (a) shall only be utilized for transportation expenditures as defined in Section 336.025, Florida Statutes. (b) Pursuant to Florida Statutes, Section 336.025(1)(b), Florida Statutes, this Board intends to levy a $0.05 local option motor fuel tax upon every gallon of motor fuel sold in the county and taxed under the provisions of Florida Statutes Chapter 201, Part 1. If adopted, the revenues received from the additional $0.05 local option motor fuel tax may only be utilized for transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive plan. For purposes of this subsection, expenditures for the construction of new roads, alternative methods of transportation, or reconstruction or resurfacing of existing paved roads shall be deems to increase capacity and such projects shall be included in the capital improvements element of the adopted comprehensive plan. Expenditures for purposes of this subsection shall not include routine maintenance of roads. 2. DISTRIBUTION OF LOCAL OPTION FUEL TAX (a) All divisions of tax proceeds shall be determined by the County on or before October 1 Packet Pg. 367 10.A.a of each year during the duration of the tax beginning October 1, 2015. The annual redetermination by the County of the division of the tax proceeds shall be based on transportation expenditures of the county and all eligible municipalities based on the transportation expenditures of each for the five (5) fiscal years preceding the year in which the annual redetermination is made. As a proportion of the total of such expenditures for the county and all municipalities within the county. The County shall notify the department of revenue of the results of the county's redetermination of the tax proceeds by October 1 of the year the redetermination is made. The annual redetermination shall be effective beginning January 1 of the year after the redetermination is made. Any dispute as to the determination by the County of the distribution of the tax proceeds shall be in accordance with Section 336.025(5)(b), Florida Statutes. 3. DURATION OF TAX The duration of the tax shall be established in the ordinance imposing the tax. 4. EFFECTIVE DATE. This resolution shall take effect upon adoption. 5. ADOPTION. ATTEST: After motion and second, the vote on this resolution was as follows: Paula A. Lewis, Chair XXX Kim Johnson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 2nd day of June, 2015 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 368