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HomeMy WebLinkAboutAgenda Packet 09.01.2015T. ®lI COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, September 1, 2015 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 3, Chair PAULA A. LEWIS District No. 5, Vice -Chair KIM JOHNSON District No. 1 CHRIS DZADOVSKY District No. 2 TOD MOWERY District No. 4 FRANNIE HUTCHINSON Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Generated 81311201510:25 AM Regular Meeting Tuesday, September 1, 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, September 1, 2015 6:00 PM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board of County Commissioners minutes for the meeting of Tuesday, August 18, 2015 5. PUBLIC COMMENT (excluding Public Hearing items) 6. PROCLAMATIONS APPROVAL A. Resolution - Proclaiming the month of September 2015 as "Hunger Action Month" in St. Lucie County, Florida. B. Resolution - Adoption of a resolution proclaiming the month of September 2015 as "Myositis Awareness Month" in St. Lucie County, Florida. C. Resolution - Adoption of a resolution proclaiming September 17-23, 2015 as "CONSTITUTION WEEK" in St. Lucie County, Florida. 7. PRESENTATIONS Erika Update- Tom Daly, Coordinator of Emergency Management Add -On 8. CONSENT AGENDA A. WARRANTS BOCC Warrant Lists 46 - 47 B. ADMINISTRATION State Legislative Program Staff recommends Board acceptance of the State Legislative Program. C. COUNTY ATTORNEY 3 1 P a g e Regular Meeting Tuesday, September 1, 2015 6:00 PM 1. Eighth Amended Agreement between St. Lucie County and Satellite Tracking of People, LLC (S.T.O.P.) County Staff is recommending that the Board enter into an extension with S.T.O.P. for the next fiscal year (October 2015 - September 30, 2016). The daily cost ($3.10 per day) remaining the same as last year. 2. Resolution - Award of the 2014/15 Alcohol and Other Drug Abuse Treatment Fund Grant to the St. Lucie County Drug Screening Lab Staff recommends that the Board adopt the attached Resolution and award the 2015/2016 funds collected from the Alcohol and Other Drug Abuse Trust Fund to the St. Lucie County Drug Screening Lab. Once approved, the FY15/16 budget will be revised to reflect this annual allocation. 3. Amendment to the Siemens Healthcare Diagnostics, Inc. Easy Access four (4) year Agreement for the St. Lucie Drug Screening Lab Staff recommends that the Board approve the Amendment to the Siemens Healthcare Diagnostics, Inc. Agreement for the St. Lucie County Lab. The Amendment will allow the Lab to purchase a calibrator (UTAK Calibrator Level 1 Kit) which will be included in the original master products and equipment agreement. The St. Lucie County Lab has a standing agreement in place with Siemens since 2008 as the Lab's provider, and F.S. 287.057(1)(f)(5)(b) exempts the Lab from the competitive bid process as specified in testing substance and mental health defendants. 4. Revocable License Agreement - Lakewood Park - Parcel ID 1301-610-0092-000-1 - Douglas Walker Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. Walker to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 5. Airport Industrial Park - Release of Reservation Rights to Pai-Lar, LLC Staff recommends that the Board approve the County Quit -Claim Deed releasing the County's right of reservation in Lots 16 and 17, Block 4, Airport Industrial Park, and Lots 5, 7, and 8, Block 6, Airport Industrial Park, to Pai-Lar, LLC. 6. Assignment of Note - Capital Improvement Refunding Revenue Note - Series 2011 Staff recommends that the Board approve the new Note in favor of Key and the Agreement regarding Substitute Note as drafted by the County's bond counsel and authorize the Chair to sign the Note and the Agreement. D. COMMUNITY SERVICES 4 1 P a g e Regular Meeting Tuesday, September 1, 2015 6:00 PM 1. State Aid to Libraries Staff recommends Board approval to submit the annual State Aid to Libraries Grant, approval of the Library's required Annual Service Plan and authorization for the Chair to sign documents as approved by the County Attorney. 2. Resolution - SHIP Program Income Staff recommends Board approval of the Resolution and authorization for the Chair to sign documents as approved by the County Attorney. E. PARKS, RECREATION & FACILITIES "Waggin' It for TJ and MY' Dog Walk Staff recommends Board approval to waive the facility rental fee of $79.88 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. F. PUBLIC WORKS Budget Resolution 2015-119 - Paradise Park System 4 - Phase 5 Stormwater Retrofit - Scrivener Error Correction Staff recommends Board approval of an amendment to Budget Resolution 2015-119 for the Paradise Park System 4 - Phase 5 Stormwater Retrofit due to scrivener error. G. TRANSPORTATION PLANNING ORGANIZATION 1. Approval of Florida Commission for the Transportation Disadvantaged (TD) Planning Grant for FY 2015 Staff recommends Board approval of a Budget Resolution, and authorization for the Chair to sign documents as approved by the County Attorney's office in the amount of $24,889.00 to amend the County budget for receipt of Transportation Disadvantaged (TD) funds on behalf of the St. Lucie TPO. 2. Approval of the Florida Safe Routes to School Program Award for FY15/16 Staff recommends Board approval and authorization for the Chair to sign as approved by the County Attorney a Budget Resolution in the amount of $65,000.00 to amend the County budget for receipt of Florida Safe Routes to School Program funds on behalf of the St. Lucie Transportation Planning Organization. Budget Resolution in the amount of $65,000.00 to amend the County budget for receipt of Florida Safe Routes to School Program funds on behalf of the St. Lucie Transportation Planning Organization. 9. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES 5 1 P a g e Regular Meeting Tuesday, September 1, 2015 6:00 PM 1. Ordinance - Amending the Text of the Land Development Code Pertaining to the Eminent Domain Waiver Process - 2nd Hearing Staff recommends adoption of the proposed text amendment amending provisions of the Eminent Domain Waiver section of the Land Development Code. 2. Resolution - Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential — 1) to PNRD (Planned Non -Residential District), Preliminary/Final PNRD Site Plan, and a Conditional Use Permit for a Specialty Hospital (Drug Addiction and Alcoholism Rehabilitation) on 12.7 acres located approximately % mile north of Midway Road on the east side of South 25th Street Staff recommends approval to the Board of County Commissioners for an Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential -1) to PNRD, Preliminary/Final PNRD Site Plan and Conditional Use Permit for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation). B. COUNTY ATTORNEY Solid Waste Final Assessment Resolution This item was moved from the Regular Agenda. Staff recommends the Board adopt the Solid Waste Final Assessment Resolution and authorize the Chair to sign the Resolution. 10. REGULAR AGENDA COUNTY ATTORNEY Solid Waste Final Assessment Resolution This item was moved under Public Hearings. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 3, 2015 at 6:00 p.m. in the County Commission Chambers. B. The St. Lucie County offices will be closed on Monday, September 7, 2015 to observe Labor Day. C. The Board of County Commissioners will hold an Informal Meeting on Tuesday, September 8, 2015 at 9:00 a.m. in Conference Room #3 on the third floor of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 6 1 P a g e Regular Meeting Tuesday, September 1, 2015 6:00 PM D. The Board of County Commissioners will hold a Joint Meeting with The TCERDA Board of Directors on Thursday, September 10, 2015 at 3:00 p.m. at the Treasure Coast Research Lab. E. The Board of County Commissioners will hold a Regular Board Meeting on Tuesday, September 15, 2015 at 9:00 a.m. in the County Commission Chambers on the third floor of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. F. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 17, 2015 at 6:00 p.m. in the County Commission Chambers. 12. 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 August 18, 2015 Convened: 9:00 AM Adjourned: 9:30 AM 1. CALL TO ORDER The meeting was called to order at 9:00 AM by District No. 3, Chair Paula A. Lewis Attendee Name I Title Status Arrived District No. 3, Chair Present 9:00 AM District No. 5, Vice -Chair Present 9:00 AM District No. 1 Present 9:00 AM District No. 2 Present 9:00 AM Paula A. Lewis Kim Johnson Chris Dzadovsky Tod Mowery Frannie Hutchinson District No. 4 Absent Howard Tipton Administrator Present 9:00 AM Bob Adolphe 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 Laurie Waldie Utility Director Present 9:00 AM Beth Ryder Community Services Director 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 Ceretha Leon Human Resources Director Present 9:00 AM Shai Francis Director Present 9:00 AM Ron Roberts Solid Waste Director Present 9:00 AM Joseph E. Smith Clerk of Circuit Court Present 9:00 AM Sue Korunow Clerk to the Board Present 9:00 AM Cn W Z U- O J Q O W IL a Q Generated 812012015 11:53 AM Packet Pg. 8 Regular Meeting Tuesday, August 18, 2015 9:00 AM 2 3. T 5. Angela Riggins Clerk to the Board Present 9:00 AM INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Board of County Commissioners minutes for the meeting of Tuesday, August 04, 2015 RESULT: ACCEPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Tod Mowery, District No. 2 AYES: Paula A. Lewis, Kim Johnson, Chris Dzadovsky, Tod Mowery ABSENT: Frannie Hutchinson PUBLIC COMMENT (excluding Public Hearing items) There were no comments from the public. C1 7. PROCLAMATIONS APPROVAL There are no items scheduled. PRESENTATIONS St. Lucie County Public Library Update - Susan Jacob, Manager of the Library Division St. Lucie County Manager of Library Services provided a presentation and update to the Board which included an overview on "where we are right now", Operating hours, Operating Spending per Capita, where St. Lucie County Ranks in the State "25th", the Return on Investment (ROI) - for every $1.00 = ROI of $10.18 to taxpayers. She emphasized libraries are about more than books. They support business, education and recreation; promote lifelong learning; facilitate early childhood literacy and development; provide access to digital technology and instruction; and collaborative learning spaces. She spoke about how funding is being spent in the community such as e-books, downloadable books and music; books by mail; Book Club in a box and use of the library anywhere you go via database and electronic devices. She provided statistics regarding literacy skills and reading actual books as opposed to tablets; attendance at programs provided by the library geared to further literacy and the love of reading; and how many people utilized the library's Wi-Fi service throughout the year. She noted libraries are not just about books and reading but are also places to gather, converse, receive exposure to digital technology, collaborate, learn and imagine. She provided an update on the library's future a w z LL O J O W a a Q 2 1 P a g e Packet Pg. 9 Regular Meeting Tuesday, August 18, 2015 9:00 AM including plans for the Rosser Boulevard Branch it's proposed layout, projected cost, project funding and collaborations. Commissioners spoke in favor of the library and services it provides while noting how useful it will be to have the law library portion included in the Rosser Blvd. Branch as it is utilized quite frequently by the general public and not just attorneys. 8. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Paula A. Lewis, Kim Johnson, Chris Dzadovsky, Tod Mowery ABSENT: Frannie Hutchinson COMMENTS County Attorney noted item 8C9. Amending Tipping Fee Rates must be changed due to a typographical error and reads as follows: Page 2, Item b. Construction and demolition (C & D): Uncovered fee/Unsecured $ 38.00 per ton. The fee amount needs to be changed to read "52.00 per ton" due to state statute and the approved resolution will read as amended. A. WARRANTS Warrant Lists 44 & 45 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 3 1 P a g e Packet Pg. 10 Regular Meeting Tuesday, August 18, 2015 9:00 AM 1. Resolution - Amending the Library System's Patron Code of Conduct 2. Second Amendment to the Facility Use Agreement for the St. Lucie County Health Access Network C10-01-016 3 4 5 6 7 8 9 Revocable License Agreement - Kevin Parker - 5203 South Indian River Drive - Parcel 3401-600-0004-000-0 Interagency Agreement with the Florida Department of Juvenile Justice for the Operation of the Juvenile Assessment Center for FY15 io LU Transit Shelter Agreement - Church of God by Faith, Inc. z Permission to Advertise - Amendment to Alarm Ordinance 2 U- O Resolution - Amendment to the Investment Policy a Resolution - Revisions to the Policy and Procedures of the Accident Review Committee a to add the definition of an Employee Injury a a Resolution - Amended and Restated Solid Waste Tipping Fees Q D. COMMUNITY SERVICES 1. Public Library Construction Grant - Rosser Boulevard Branch Library 2. Resolution - SAFER St. Lucie Community Education and Outreach Agreement 3. Invitation to Bid (ITB) No. 7 E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET 4 1 Packet Pg. 11 Regular Meeting Tuesday, August 18, 2015 9:00 AM 1. Request for Qualifications (RFQ) No. 15-033, Professional Engineering Services for Bridge Evaluation & Design Services - Continuing Contracts 2. Removal of Fixed Assets from Inventory J. PARKS, RECREATION & FACILITIES Waiver of Calvin R. Triplett Field Facility Rental Fees - Girl Scouts of Southeast Florida K. PLANNING & DEVELOPMENT SERVICES 1. Airport Security Improvements Resolution - Board Acceptance of FDOT Funds for Security Improvements at the St. Lucie County International Airport Z 5 2. Airport Hanger and Office Sublease - Between Bell Aircraft, LLC & Fort Pierce FBO, LLC p J L. PUBLIC SAFETY & COMMUNICATIONS 0 o: There are no items scheduled. a a M. PUBLIC WORKS a 0 1. Jenkins Park/Starcher MSBU LO r 2. Bid Award - Indian River Estates Stormwater Improvements Phase II N N. SHERIFF'S OFFICE There are no items scheduled. 4101T%T►110 Bid Waiver and Sole Source Determination FY15-16 P. SUPERVISOR OF ELECTIONS There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. R. UTILITIES 5 1 P a g e Packet Pg. 12 Regular Meeting Tuesday, August 18, 2015 9:00 AM There are no items scheduled. 9. PUBLIC HEARINGS There are no items scheduled. 10. REGULAR AGENDA There are no items scheduled. a w 11. ANNOUNCEMENTS z U- 0 A. The Board of County Commissioners will hold a Regular Board Meeting on Tuesday, September Q 1, 2015 at 6:00 p.m. in the Commission Chambers of the Roger Poitras Administration Annex o located at 2300 Virginia Avenue, Fort Pierce, FL. W a a Q B. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 3, 2015 at 6:00 p.m. in the County Commissioners Chambers. a C. County offices will be closed on Monday, September 7, 2015 to observe Labor Day. D. The Board of County Commissioners will hold an Informal Meeting on Tuesday, September 8, 2015 at 9:00 a.m. in Conference Room #3 on the third floor of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioners will hold a Regular Board Meeting on Tuesday, September 15, 2015 at 9:00 a.m. in the County Commission Chambers on the third floor of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. F. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 17, 2015 at 6:00 p.m. in the County Commissioners Chambers. BOARD OF ADJUSTMENT MEMBER RADIFICATION Motion to: Radification of Derek Fox to the Board of Adjustments Commissioner Lewis asked the Board to ratify the appointment of Derek Fox to the Board of Adjustments. It was moved by Commissioner Dzadovsky, seconded by Commissioner Johnson, to approve the appointment of Derek Fox to the Board of Adjustments, and; upon roll call, motion carried unanimously. 6 1 P a g e Packet Pg. 13 Regular Meeting Tuesday, August 18, 2015 9:00 AM RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Paula A. Lewis, Kim Johnson, Chris Dzadovsky, Tod Mowery ABSENT: Frannie Hutchinson 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. �i w Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Z Circuit Court and available for inspection upon request. U_ 0 J Q 0 W d d Q 7 1 P a g e Packet Pg. 14 6.A ITEM NO. RES-2015-145 COUNTY �. F L Q R I D A - TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: 09/01/2015 AGENDA REQUEST *PROCLAMATIONS APPROVAL Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Resolution - Proclaiming the month of September 2015 as "Hunger Action Month" in St. Lucie County, Florida. David Vaina with Treasure Coast Food Bank has requested that this Board proclaim the month of September 2015 as "Hunger Action Month" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination Signatures LIVE- Na—nieyS. McIntyre, County Attorney 7/23/2015 Packet Pg. 15 RESOLUTION A RESOLUTION PROCLAIMING SEPTEMBER 2015 AS "HUNGER ACTION MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Hunger and poverty remain issues of grave concern in the United States, the State of Florida, the Treasure Coast and St. Lucie County. 2. St. Lucie County is committed to taking steps to raise awareness about the need to combat hunger in every part of our County and to provide additional resources that citizens of St. Lucie County need. 3. St. Lucie County is committed to working with Treasure Coast Food Bank in educating people about the role and importance of food banks in addressing hunger and raising awareness of the need to devote more resources and attention to hunger issues. 4. Food banks and hunger relief organizations across the country, including the Treasure Coast Food Bank —will host numerous events throughout the month of Septemberto shed light on this important issue and encourage involvement in efforts to end hunger in their local community. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of September 2015 as "HUNGER ACTION MONTH" in St. Lucie County, Florida and call this observance to the attention of our citizens. PASSED AND DULY ADOPTED this 15t day of September, 2015. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 16 6.B ITEM NO. RES-2015-146 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 09/01/2015 *PROCLAMATIONS APPROVAL Resolution - Adoption of a resolution proclaiming the month of September 2015 as "Myositis Awareness Month" in St. Lucie County, Florida. Deborah Pizzimenti with the Team Tommy Foundation has requested that this Board proclaim the month of September 2015 as "Myositis Awareness Month" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination Signatures anie 5. McIntyre, 7 my ttorney 7/23/2015 Packet Pg. 17 RESOLUTION A RESOLUTION PROCLAIMING THE MONTH OF SEPTEMBER 2015 AS "MYOSITIS AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Myositis is a chronic auto -immune disease thattriggers the inflammation and degeneration of skeletal muscle tissues, in which inflammatory cells surround, invade, and destroy normal muscle fibers as though they were defective or foreign to the body. 2. Dermatomyositis(DM),Polymyositis(PM),Inclusion-BodyMyositis(IBM) and Juvenile forms of Myositis (JM) are all inflammatory myopathies or diseases where there is swelling and loss of muscle. 3. Although this disease most commonly affects adults in their 40's and 50's, it can also be found in children, some as young as five years of age. 4. Currently, 50,000 cases of Myositis are estimated to exist in the United States. 5. The rareness of this disease and slow progression of symptoms can make it difficult to recognize and diagnose, often leading to years of delay in proper treatment. Research of Myositis is tapered by the disease's limited public recognition. 6. Although there is no known treatment for this debilitating disease, current treatments exist to help slow muscle deterioration and weakness. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of September 2015 as "Myositis Awareness Month" in St. Lucie County, Florida. 2. This Board hereby urges the citizens of St. Lucie County, Florida to recognize this event and participate in its observance. PASSED AND DULY ADOPTED this 15Y day of September 2015. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 18 6.0 ITEM NO. RES-2015-147 COUNTY �. F L Q R I D A - TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: 09/01/2015 AGENDA REQUEST *PROCLAMATIONS APPROVAL Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Resolution - Adoption of a resolution proclaiming September 17-23, 2015 as "CONSTITUTION WEEK" in St. Lucie County, Florida. Karen Evans with the Daughters of the American Revolution has requested this Board proclaim the week of September 17-23, 2015 as "CONSTITUTION WEEK" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination Signatures LIVE- Na-nieyS. McIntyre, County Attorney 7/23/2015 Packet Pg. 19 RESOLUTION A RESOLUTION PROCLAIMING SEPTEMBER 17-23, 2015 AS "CONSTITUTION WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Constitution Week is the commemoration of America's most important document and is celebrated annually during the week of September 17-23. 2. September 17, 2015 is the actual 2281h anniversaryof the signing of the Constitution of the United States of America. The Constitution insures the rights of every American and provides the framework for the administration of our country, yet few know the date or celebrate its importance in any fashion. 3. The United States Constitution stands as a testament to the tenacity of Americans throughout history to maintain their liberties, freedoms and inalienable rights. 4. The celebration of the Constitution was started by the Daughters of the American Revolution. In 1955, DAR petitioned Congress to set aside September 17-23 annually to be dedicated for the observance of Constitution Week. The resolution was later adopted by the U.S. Congress and signed into public law on August 2, 1956 by President Dwight D. Eisenhower. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of September 17-23, 2015 as "CONSTITUTION WEEK" in St. Lucie County, Florida. 2. This Board further urges St. Lucie County residents to attend the annual Constitution Week Flag Ceremony on Saturday, September 12, 2015, being held at the Ft. Pierce Farmers' Market in Fort Pierce, Florida at 9:00 am. to acknowledge together this extremely important national event. PASSED AND DULY ADOPTED this 15Y day of September, 2015. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 20 08./14/15 FZABWARR FUND TITLE 001 001460 001534 .001538 .001550 001560 .001563 001567 001568 001571 101 101001 101002 101003 101004 10-2 102001 102114 10.4003 10'5202 107 107001 107002 107003 10'7006 129 130 130102 130116 130119 140 140375 160 183 183004 183006 185014 1.85015 187 189109 189110 190 310001 316 37008 401 418 451 ST. LUCIE COUNTY - BOARD WARRANT LIST #46- 08-AUG-2015 TO 14-AUG-2015 -FUND SUMMARY General Fund FCTD Planning Grant Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 HUD Shelter Plus Care Section 112/MPO/FHWA/Planning HUD CDBG FY 2013 DHS - CSBG FY 2015 Supp Svcs Veterans Families 2015 Safe Routes to School Transportation Trust Fund Transportation Trust Interlocals Transportation, Trust/80a Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Citrus & Saeger Strmwtr Treatment Hurricane Frances Donations --State Aid to Libraries FY 2015 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5307-ARRA 2009 Capital Projects FTA 5312 VTCLI-II FY14 FTA 5307 FY13 Airport Fund FDOT- Construction Customs Facility Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FHFC SHIP 2013-2014 FHFC SHIP 2014-2015 Boating Improvement Projects Home Consortium 2013 Home Consortium 2014 Sports Complex Fund Impact Fees -Library County Capital Jenkins Park/Starchex) MSBU Sanitary Landfill Fund Golf Course Fund S. Hutchinson'Util-ities Fund EXPENSES 599,698.96 0.00 0.00 100.00 0.00 6,788.23 1,660.55 1,009.18 1,249.92 0.00 711.30 0.00 34,690.95 5, 641.67 35,963.02 8, 822.60 10,466.78 2, 670.39 100.00 5,081.91 237,861.23 3,042.36 0.00 2,311.99 6,252.35 18,650.00 15,303.59 2; 608. 44 56.61 0.00 9,T15.57 1,736.00 8,405,07 6,146.27 1,683.00 1,005.95 207.50 424.95 1,200.00 0.00 545.00 32,292.39 9, 689.17 74,195.00 242.50 158,120.16 7,933.99 13,283.03 PAGE PAYROLL 543,515.84 214.49 2,193.09 1,785.46 215.68 8,097.54 499.34 3,757.19 43'1'.52 1,448.85 33,327.63 1,341.60 46,898.63 14,913.10 16, 632.74 55,630.17 12,004.59 5,341:59 0.00 0.00 150,307.21 1,641.23 1,641.23 0.00 8,931.33 0.00 0.00 0.00 0.00 1,848.63 lit 622.52 0.00 2,804.06 4,897.48 3,275.73 0.00 0.00 1,059.74 0.00 1,107.85 1,010.34 23,587.56 0.00 0.00 0.00 85,394.50 15; 81.6. 61 •6,438.33 Cn z Packet Pg. 21 08/14/15 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #46- 08-AUG-2015 TO 14-AUG-2015 FUND SUMMARY PAGE 2 FUND TITLE EXPENSES PAYROLL 458 SH Util-Renewal & Replacement Fund 0.00 678.86 471 Water & Sewer District Operations 26,702.98 9,157.41 478 Water & Sewer District R&R 2,758.74 1,290.97 4,79 Water & Sewer Dist. -Cap Facilities 17,683.75 1,278.23 491 Building Code Fund 2,069.24 31,066.46 505 Health Insurance Fund 69,110.05 0.00 505001 Risk Management Fund 225.00 2,648.88 505002 Health Insurance Administration 27.66 2-,741.20 611 Tourist Development Trust-Adv Fund 3,138.88 2,487.78 801• Bank Fund 18,979.72 0.00 GRAND TOTAL; 1,468,4631.60 1,120,983.19 Cn z a Packet Pg. 22 08/21/15 FZABWARR FUND TITLE 001 001550 001560 001563 001567 001572 001573 101002 101003 101004 102 102001 102114 107 107001 107003 107005 107006 129 130 130101 130102 130117 140 140001 160 1'8 2 183 183001 183004 185014 188 189203 190 216 218 221 310001 316 316001 382 401 418 451 471 491 505 611 ST. LUCIE COUNTY - BOARD WARRANT LIST #47- 15-AUG-2015 TO 21-AUG-2015 FUND SUMMARY General Fund HUD Shelter Plus Care Section 112/MPO/FHWA/Planning HUD CDBG FY 2013 DHS - CSBG FY 2015 HUD Shelter Plus Chronic HUD Shelter Plus Care Grarit Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Citrus & Saeger Strmwtr Treatment Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA Operating and Capital Assist FTA 5307-ARRA 2009 Capital Projects FTA 5316 2014 JARC Grant Airport Fund Port Fund Plan Maintenance RAD Fund Environmental Land Acquisition Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFC SHIP 2013--2014 Bluefield Ranch Improvements Hardest Hit fund Advisor Services Sports Complex Fund County Capital I&S Transportation-I&S Capital Imp. Rev Bonds 2015 Impact Fees -Library County Capital 5th Cent Fuel -Capital Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Water & Sewer District Operations Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund EXPENSES 159,787.49 3,203.00 2,568.62 14.50 812.00 12,674.20 10,330.98 20,666.94 73,563.46 17,280.00 1,000.00 11,599,00 6,585.87 112,432.68 . 31,319.62 4,314.49 9,294.75 9,059.57 64,707.30 13.63 168.51 14,686.02 24,564.47 4,621.98 148.80 20,285.85 951.80 1,515.07 40.00 1,794.94 22,495.00 1.20 8.87 8,853.65 1,202.00 1,268.42 1,089.63 5,573.44 100,671.00 1,355,155.53 210.77 620,676.83 8, 609.03 42,788.87 80,920.20 290.05 233,068.85 85.24 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.. 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 Cn z Packet Pg. 23 08/21/15 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #47- 15-AUG-2015 TO 21-AUG-2015 FUND SUMMARY FUND TITLE 625 Law Library 650 Agency Fund 801 Bank Fund GRAND TOTAL: EXPENSES 8,157.78 19, 911.52 32,625.56 3,163,668,98 PAGE 2 PAYROLL 0.00 0.00 0.00 796.80 Cn H Z a Packet Pg. 24 ITEM NO. (ID # 3049) TO: PRESENTED BY: AGENDA REQUEST Board of County Commissioners Nicole Fogarty, Legislative Affairs Manager SUBMITTED BY: Administration SUBJECT: State Legislative Program BACKGROUND: DATE: 09/01/2015 *CONSENT AGENDA\ADMINISTRATION Staff is seeking Board acceptance of the issues presented herein to be included in the County's 2016 State Legislative Program. Upon Board acceptance, staff and the contract lobbying teams will pursue all of the legislative issues approved by the Board, and in so doing, place appropriate priority on the issues that the Board directs to receive a special level of attention in 2016. Annually, the Board reviews legislative priorities and gives direction on and approval of priority legislative issues to guide the County's lobbying efforts at both the state and federal level. Typically, the County identifies as priorities only its most pressing issues and then supports the Florida Association of Counties (FAC) in achieving their broader substantive initiatives. FAC will finalize its 2016 legislative program during its legislative conference in November 2015. Each year, the BOCC and staff evaluate the trends and issues affecting all County programs and services to identify potential policy or substantive legislative issues. Staff has provided a draft list of substantive priorities and a list of general issues which we were discussed during the August 11, 2015 informal meeting, that we should monitor for the 2016 state legislative session. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board acceptance of the State Legislative Program. COMMISSION ACTION: Packet Pg. 25 Coordination/Signatures 4A anWi,eyS. McIW,,/ttorney 8/20/2015 rk S er ee, Dept County ministrato 8/27/2015 updated: 8/24/2015 4:05 PM by Donna Calise Page 2 Packet Pg. 26 St. Lucie County 2016 State Legislative Program E L O L- a. J N cC r� N O O M L O L a m Mn N J m - v .r w 04 U a Q Packet Pg. 27 State Legislative Program St. Lucie County Board of County Commissioners COUNTY F L O R I D A CHRIS DZADOVSKI DISTRICT 1 (772)462-1100 dzadovskic@stlucieco.org PAULA LEWIS CHAIR DISTRICT 3 (772)462-1100 lewisp@stlucieco.org FRANNIE HUTCHINSON DISTRICT 4 (772) 462-1100 hutchinsonf@stlucieco.org 13 TOD MOWERY DISTRICT 2 (772) 462-1100 moweryt@stlucieco.org 111111:* 1►� l�ONI►KTU7 VICE CHAIR DISTRICT 5 (772) 462-1100 johnsonk@stlucieco.org Packet Pg. 28 State Legislative Program Table of Contents ECONOMIC DEVELOPMENT................................................................. LEGISLATIVE PRIORITIES................................................................................... Treasure Coast International Airport Expansion ........................... Intermodal Logistics Center Design ............................................... Fisherman's Wharf DesignIAcquisition.......................................... Treasure Coast Research Park/Sunshine Kitchen ......................... Northwest Corridor Neighborhood Revitalization Plan ................. SUPPORT ISSUES............................................................................................... Torrey Pines and Biomedical Research Funding .......................... Navy Seal Museum.......................................................................... .............................................................. 7 .............................................................. 7 .............................................................. 7 ............................................................... 7 ............................................................... 8 ............................................................... 9 ....................... 9 .......................9 ......................9 .....................10 BUDGET & TAXATION POLICY.........................................................................................................................11 LEGISLATIVE PRIORITIES................................................................................................................................................11 Unfunded Mandates/Medicaid Cost Shifts..................................................................................................11 ENVIRONMENTAL/NATURAL RESOURCES...................................................................................................13 LEGISLATIVEPRIORITIES................................................................................................................................................13 Paradise Park Stormwater Improvements Phase 5A $250,000..................................................................13 Culvert Replacement Project $900,000........................................................................................................13 IRL North Hutchinson Island Sewer Project $4,750,000...........................................................................13 North County USI Water Extension$1,875,000..........................................................................................13 St. Lucie River Issues Team.........................................................................................................................13 Beach and Inlet Management Project Appropriation:$1,797,188...........................................................14 Florida Recreation Development Assistance Program...............................................................................14 SUPPORTISSUES............................................................................................................................................................15 Everglades Restoration and Florida Forever: $100 million for Everglades Restoration and Support fundingfor Florida Forever..........................................................................................................................15 Department of Environmental Protection — Beach Funding & Permitting...............................................1 S HydraulicFracturing....................................................................................................................................15 TRANSPORTATION & INFRASTRUCTURE.................................................................................................... 17 LEGISLATIVE PRIORITIES................................................................................................................................................17 Regional Transit Administration/Maintenance Facility ..............................................................................17 SUPPORTISSUES............................................................................................................................................................17 Florida Seaport Transportation and Economic Development.....................................................................17 Growth Management and Infrastructure....................................................................................................17 UtilityRelocation Costs.................................................................................................................................17 Strategic Intermodal Systems(SIS)..............................................................................................................18 PUBLICSAFETY......................................................................................................................................................19 LEGISLATIVE PRIORITIES................................................................................................................................................19 Adjustment to the State/County Shared Detention Center Cost Split.........................................................19 InmateMedical Costs...................................................................................................................................19 Pre -Trial Release..........................................................................................................................................19 SUPPORTISSUES............................................................................................................................................................19 Funding for Enhanced Lighting in High Crime Areas..............................................................................19 Florida SERT (State Emergency Response Team).....................................................................................19 15 Packet Pg. 29 State Legislative Program HEALTH & HUMAN SERVICES AND HEALTHCARE...................................................................................21 LEGISLATIVEPRIORITIES................................................................................................................................................19 Serg. Artie R. Copas Veterans Nursing Home.............................................................................................21 SUPPORTISSUES............................................................................................................................................................21 CountyHealth Departments..........................................................................................................................21 Homelessness................................................................................................................................................21 Transportation Disadvantaged Programs.....................................................................................................21 HealthyFamilies...........................................................................................................................................21 AffordableHousing......................................................................................................................................21 EarlySteps Program.....................................................................................................................................22 KidCare/Medicaid Eligibility ........................................................................................................................22 Community Healthcare ClinicsIHANDS......................................................................................................22 Mental Health/Substance Abuse Services....................................................................................................22 EDUCATION.............................................................................................................................................................23 SUPPORTISSUES............................................................................................................................................................23 StateLibrary Funding..................................................................................................................................23 IndianRiver State College............................................................................................................................23 AGRICULTURE.........................................................................................................................................................25 SUPPORTISSUES............................................................................................................................................................25 Treasure Coast Food Bank Food Production Facility .................................................................................25 Invasive Exotic Plant Research OF IFAS....................................................................................................25 SUPPORTING BUDGET DOCUMENTS................................................................................................................27 E Packet Pg. 30 State Legislative Program ECONOMIC DEVELOPMENT LEGISLATIVE PRIORITIES Treasure Coast International Airport Expansion $5,300,000 In an effort to provide economic growth and stimulus to the Treasure Coast region the County is proposing the construction of a 30,000 square feet MRO Hangar, total cost of project is $10.6 million, the County is requesting from the State, $5.3 million. The economic impact of during construction of the new hangar is anticipated to total $6.85 million, sustaining 55 jobs. Once the hangar is completed and the construction impacts have ended, one or more MROs would occupy the facility, creating and sustaining operational jobs and economic output. Jobs created by MROs are typically high paying, with an average wage of $53,700. The commercial activities at the MRO facility are anticipated to sustain a total of 75 jobs (including induced job creation), with an annual payroll averaging $4.13 million and a yearly economic output averaging $14.5 million. Currently, the Treasure Coast International Airport is at capacity and has established a wait list for future MRO tenants. With the addition of another MRO Hangar we will be able to house the structure immediately upon completion. Intermodal Logistics Center Design $500,000 In August 2015, St. Lucie County with the help of the Florida Department of Transportation and Department of Economic Opportunity has established the following area as a Freight Logistics Zone. Furthermore, the County has set aside 1,200 acres within that zone as an Intermodal Logistics Center, by doing so this area has been slated for future industrial use. The County is requesting $500,000 from the State to begin the design process for this area. Packet Pg. 31 State Legislative Program Fisherman's Wharf Recently, the City of Fort Pierce and St. Lucie County have agreed to enter into an interlocal agreement to collaborate efforts in the development of Fisherman's Wharf. This also includes partnerships with the Florida Department of Transportation and the Florida Department of Economic Opportunity. Land Acquisition $255, 000 St. Lucie County has applied for a Florida Seaport Transportation and Economic Development (FSTED) grant in the amount of $255,000, for land acquisition within the operating area of the Port of Fort Pierce known as Fisherman's Wharf. Currently, the site is comprised of multiple underutilized parcels River Marina Incorporated of which the county is proposing the acquisition of the two properties belonging to River Marina and the easternmost 250 feet of Fisherman's Wharf Road. Bulkhead Design $125, 000 St. Lucie County has applied for a Florida Seaport Transportation and Economic Development (FSTED) grant in the amount of $125,000, bulkhead design at Fisherman's Wharf. The County is proposing to re- establish the bulkhead's structural integrity. In its present condition, the bulkheads are in poor condition, deteriorated and require reconstruction as part of the design. Additionally, the berth would be dredged to 20 feet minimum depth. Packet Pg. 32 State Legislative Program Treasure Coast Research Park/Sunshine Kitchen $29000,000 This Food Business Incubator, to be built on County -owned property, would include a professionally equipped commercial kitchen and research lab designed to aid entrepreneurs in the development of commercially viable food ventures. It would serve as a working laboratory for food entrepreneurs to develop a product, process, market or package, and to promote the product. The Incubator would connect the entrepreneur with professional business consultative services to assist in developing a business plan for the venture in order to ensure a sustainable operation. The EDA has approved an award of $895,000 toward the project, and set the County's match amount for this grant at $896,735. The remaining $103,265 of the County's $1 million commitment would be set aside to be used toward additional construction or startup costs for the Sunshine Kitchen. The County and TCERDA will be submitting the same request of $1 million for funding from the Florida Legislature this year. Northwest Corridor Neighborhood Revitalization Plan $2001,000 The overall objective of this project is to create a community and economic revitalization plan by utilizing and coordinating existing community wide services and identifying opportunities to promote economic development. This will enable the County to apply for the funding needed to create a positive impact for its residents. Funding would be utilized to employ a project coordinator over the course of at least a two- year period to create a phased community and economic revitalization plan. Once the plan has been completed, funding would be sought for the implementation of the plan. St. Lucie County anticipates that the creation of the revitalization plan will generate opportunities to apply for various sources of funding needed to implement the plan such as the Community Development Block Grant Small Cities Program administered by the Florida Department of Economic Opportunity (DEO). The County has not been able to previously apply for funding due to not having the monetary resources needed to research and create a plan. The plan will compliment other initiatives being implemented in the County such as the National Gang Model, Bridges out of Poverty, and Restoring the Village. SUPPORT ISSUES Navy Seal Museum The National Navy UDT-SEAL Museum & Memorial is a major tourism and education destination in Florida. Located on the Treasure Coast at the beach birthplace of UDT-SEALS, it is the only site worldwide where SEAL history and operations enlighten the public. Situated in St. Lucie County at Pepper Park, the current 4 acres and 13,500 sq. ft. of buildings have reached maximum capacity for exhibits, and special events to honor our active duty military and veterans. Installation of 13 new interactive exhibits, currently under construction, will raise annual attendance to more than 100,000. Support any future funding requests by the Navy Seal Museum for a new facility to display artifacts in storage, accommodate items it receives daily, continue to show the SEAL evolving history and accommodate the number of tourists and students. Z Packet Pg. 33 State Legislative Program Torrey Pines and Biomedical Research Funding Current statute allows for a percentage of cigarette tax revenues to be deposited into the Alcoholic Beverage and Tobacco Trust Fund. One percent of those tax revenues is then placed into the Biomedical Research Trust Fund in the Department of Health for the purpose of establishing activities and grant opportunities in relation to biomedical research. Those funds have been solely appropriated to Sanford - Burnham Medical Research Institute. Support an increase in the percentage of cigarette tax net collections that will be deposited into the Biomedical Research Trust Fund or a direct appropriation of $3 million per year, to enhance biotechnology research within the state. Efforts should be made to continue to enhance the Trust Fund to allow other research institutes to compete for funding, such as Torrey Pines and other local biomedical research facilities. I 10 Packet Pg. 34 State Legislative Program BUDGET & TAXATION POLICY LEGISLATIVE PRIORITIES Unfunded Mandates/Medicaid Cost Shifts The State Legislature has frequently passed legislation that compels local governments to provide a service, program, or benefit without providing the appropriate funding or a funding source. This compromises local governments' ability to provide services requested by their local communities by diverting resources to these state -directed, unfunded mandates or cost shifts. In addition, as more and more mandates are created, local governments are faced with the burden of using local tax dollars to finance functions that they have little control over. The state must do a better job of truthfully identifying costs to local governments when passing new legislation and must provide funding or a funding source for every legislative initiative that imposes a cost on counties. St. Lucie County opposes new unfunded mandates and unfunded state to county cost shifts. Packet Pg. 35 State Legislative Program ENVIRONMENTAL/NATURAL RESOURCES LEGISLATIVE PRIORITIES 2016 St. Lucie County Water Projects Requested County Project Project Description Amount Match CONSTRUCTION, The overall objective of this project is to construct 10 dry detention ponds and 2 drainage Paradise Park Stormwater outfalls within the 175.6 acre subdivision $250,000 $250,000 CONSTRUCTION, The overall objective of this project is to replace three culverts which are old and in need of full replacement. This work is Culvert Replacement Project consistent with the SFWMD Strategic Priority. $900,000 $900,000 CONSTRUCTION, The overall objective is to protect the health of the Indian River Lagoon by removing Indian River Lagoon North 578 current and future onsite treatment and disposal Hutchinson Island Nutrient systems, including 340 directly on the IRL, on Pollution Reduction Project Hutchinson Island. $4,750,000 $1,000,000 CONSTRUCTION, The overall objective of the project will be to extend a 12-inch potable water main through this important area providing opportunities for economic growth and job creation in St. Lucie North County US1 Water County as well as reducing the demand on a fragile Main Extension ground water resource. $1,875,000 $350,000 CONSTRUCTION, This project is an IRL-S C23/C24 CERP buffer project that will provide an additional 300-acres of groundwater recharge that will reclaim agriculture water discharge, restore priority wetland habitat for threatened and endangered species, and reduce State and local invasive exotic management costs. This project will directly benefit the future adjacent IRL-S C23/C24 CERP reservoir project by reclaiming and holding agriculture water before it Teague Hammock Preserve reaches the C24 drainage basin. $400,000 $1,000,000 St. Lucie River Issues Team The St. Lucie River Issue Team (SLRIT) was formed by the South Florida Ecosystem Restoration Task Force to document the existing condition of the SLE, describe the impacts of the discharge event, and develop an interim action plan with specific short term projects that could be implemented within five years to improve water quality in the SLE. The team is made up of a variety of federal, state and local governments in addition to agricultural and environmental interests. For more than a decade, the SLRIT has solicited, ranked and submitted to the Florida Legislature local turn -dirt projects focused on the restoration of the SLE and the Indian River Lagoon (IRL). The County fully supports the funding of all ranked projects by the St. Lucie River Issues Team. 13 E L 0 L a a� ca 2 m J a� rn 0 M E 0 a� 0 a m r 0 Mn d J m .r 0 in m r 0 N c m E z U a Q Packet Pg. 36 State Legislative Program Beach and Inlet Management Projects The Beach Management Funding Assistance Program is a Long -Range Budget Plan administered through the Florida Department of Environmental Protection (FDEP) to assist eligible local governments with their beach erosion control projects. Each application request must include a detailed project description, cost estimate, and supporting resolution from the governing body. Individual projects then receive a priority ranking based upon several criteria. Requested County Project Project Description Amount Match 2017 physical and biological Fort Pierce Shore Protection Project monitoring $135,000.00 $135,000.00 Next planned Federal nourishment in 2016/2017 $910,000.00 $910,000.00 Supplemental permitting activities for sand trap $75,000.00 $25,000.00 Bid documents and coordination for Fort Pierce Inlet Management sand trap $150,000.00 $50,000.00 Sediment budget update $225,000.00 $75,000.00 Tracer study to evaluate sediment pathways $225,000.00 $75,000.00 2017 physical and biological Southern St. Lucie County Beach monitoring $52,188.00 $67,812.00 Coordination of Federal feasibility Restoration study $25,000.00 $25,000.00 TOTAL $1,797,188.00 $1,362,812.00 Florida Recreation Development Assistance Program Within the Department of Environmental Protection, the Division of Recreation and Parks administers the Florida Recreation Development Assistance Program. This program is a competitive grant program that provides financial assistance through grants to local governments for the acquisition and development of land for public outdoor recreation purposes. The maximum grant amount per development is $200,000. The County recommends restoring FRDAP funding to levels that at least funds the top twenty projects in The Large Project Development list. St. Lucie County ERD has submitted two FRDAP applications for the coming year: 1. Lincoln Park Regional Park-Ilous Ellis Park $50,000 The proposed project includes playground resurfacing renovations, along with landscape revitalization and construction of a new picnic table to be placed in the playground. The improvements will be physically and visually integrated with the existing amenities. 2. Petravice Park $200,000 These funds will be used to construct or renovate more than a mile of hiking trails, a pedestrian bridge, two picnic pavilions, a compost toilet, canoe launch and canoe stop -over docks, lawn - game areas and fishing pier. I 14 E L a� 0 a 0 :r w m J m Cn rn 0 E aM 0 a` a� N as J d M co �o 0 N �.i c as z 0 a Packet Pg. 37 State Legislative Program ,SUPPORT ISSUES Everglades Restoration and Florida Forever Issue 1: Support ,$100 Million in Everglades Restoration Funding The County strongly supports the State $100 million as part of Everglades Restoration, particularly those that are ready for work to commence and located in the Treasure Coast. The County also supports the State's efforts to persuade the Federal government to allocate additional funds for Everglades Restoration. Issue 2: Continued and Additional Florida Forever Funding The Florida Forever Program, which replaced the Preservation 2000 Conservation Lands Acquisition Program, is the blueprint for conservation of the State's natural resources. The Florida Forever program has not been consistently funded by the Legislature over the past few years, which has setback both state and local government efforts to preserve the natural resources and environmentally sensitive lands within the state. To continue with the goals set forth by the Florida Forever Act, consistent funding of the program is essential. Issue 3: Funding for Land Management The Florida Forever Program focuses solely on funding for the acquisition of conservation lands, but once lands have been acquired and the opportunity for acquisition decreases, agencies must turn their attention to management of the acquired lands. The County would like to see an additional category of funding that focuses on the management of these State-owned conservation lands that are managed by local governments, either a flat fee or a percentage of the management costs. In order for agencies to continue to protect environmentally significant lands, protect ground and surface water, provide recreational activities, and implement local comprehensive plans, funding sources must be provided to assist in the management of these lands. Department of Environmental Protection — Beach Funding & Permitting Support appropriations for the Statewide beach management program so that the economic benefit of beach tourism continues uninterrupted. All beach projects provide far greater benefits to Florida's economy than cost to taxpayers. The Office of Economic and Demographic Research's recent report, "Economic Evaluation of Florida's Investment in Beaches," demonstrated that the state's investment in the beach program generated a positive return on investment of 5.4, not including in -state tourism. During the three-year study period included in the report, the state invested $44M in the beach program, resulting in an average increase in the GDP of $2.4B per year. This increased the overall collection of state revenues by $237.9M over three years. The report concluded that "beaches are the most important feature of Florida's brand and have the strongest effect of attracting tourists" and stated that it is necessary to "maintain a certain level of beach quality or else visitors will travel elsewhere." . Hydraulic Fracturing Hydraulic fracturing is a technique that involves stimulating the well to extract oil and gas. Large amounts of fluid under pressure are injected into a wellbore to create and extend fractures in the rock formation. The fractures are held open by a slurry mixture which allows natural gas to flow from the fractures into the production well. Oppose any legislation which would pre-empt County regulations when pertaining to the process of hydraulic fracturing. I 15 Packet Pg. 38 State Legislative Program TRANSPORTATION & INFRASTRUCTURE LEGISLATIVE PRIORITIES Regional Transit Administration/Maintenance Facility $2009000 St. Lucie County has received a FTA 5307 Grant for $292,363 and will be requesting a match from the State for $200,000 to create a conceptual design plan for a transit administration and maintenance facility which will serve the three county region. The facility is slated for Selvitz Road, just north of Midway Road and will be used to store and maintain the fixed route, para-transit buses and support vehicles, as well as house staff and operational supports required for the success of the system. Currently, transit operations, fixed route and paratransit buses are housed at three different locations, each with its associated maintenance and operating costs. Vehicle maintenance and service are outsourced. The proposed appropriation will assist in completion of the next step toward construction of the facility, allowing for internal maintenance and service work, storage, security and a centralized operational site. SUPPORT ISSUES Florida Seaport Transportation & Economic Development (FSTED) The Florida Legislature created this on -port investment program in 1990, which is administered by the FSTED Council, consisting of the port directors of the 15 public seaports, the Secretary of the Department of Transportation, and the Director of the Department of Economic Opportunity. This state and local investment entity is statutorily charged with accomplishing the state's seaport development mission of implementing capital improvement projects at the local level, currently funded at a minimum of $15 million, as provided in Chapter 311, F.S. St. Lucie County supports an increase to the statutory minimum from $15 million to $25 million as this will have no fiscal impact to the current FDOT Work Program. Growth Management & Infrastructure Growth management laws should take careful consideration of and protect the distinct home rule authority of local governments. Support changes that 1) strengthen the intergovernmental review process, 2) ensure that the development impacts occurring outside the approving jurisdiction are adequately mitigated, 3) eliminate unnecessary duplication and expenses, and 4) Support full funding of regional planning councils and Oppose legislation prohibiting or restricting the ability of a regional planning council to provide planning and technical service to its local governments. Efforts to strengthen intergovernmental coordination should be considered so that land use decisions of one jurisdiction do not negatively impact another. Utility Relocation Costs Florida counties own and maintain thousands of miles or rights -of -way throughout the state. While local roads provide multiple functions, their primary purpose is to provide its residents a safe and convenient mode of travel. Under current law, a county is authorized to grant a license to a private corporation to construct, maintain, repair, operate, and remove utility lines under, on, over, across and along any county road. Current law also requires a utility provider to relocate its equipment from the county right-of-way, at no cost to the county, if the equipment is found to be interfering in any way with the convenient, safe, or I 17 Packet Pg. 39 State Legislative Program continuous use, or the maintenance, improvement, extension, or expansion, of such public road. St. Lucie County opposes any legislation which would shift the financial responsibility of relocating private utilities within county rights -of -way from the utility companies to the County. Strategic Intermodal System (SIS) Support legislation allowing SIS funds to be used on roads and other transportation facilities not designated on the SIS network if the improvement relieves congestion on the SIS. Packet Pg. 40 State Legislative Program PUBLIC SAFETY LEGISLATIVE PRIORITIES Adjustment to the State/County Shared Detention Center Cost Split Florida Statute Section 985.686 requires counties to contribute funds to the state to cover the cost of youth detained in secure detention for those stays when a youth is awaiting disposition of charges or "predisposition" days. The current utilization rate split is 76% County funds and 24% state funds. St. Lucie County supports legislation that codifies the financial responsibility of juvenile secure decision as upheld by Florida's courts. Inmate Medical Costs Support legislation that reduces jail expenses by setting a reimbursement amount paid by counties to medical providers for health care services for inmates and arrestees at no higher than the established Medicare rate plus 10%, the same rate as currently charged to the Department of Corrections, unless there is an existing contract in place or a business practice providing a lower rate. Pre -Trial Release In 2012, legislation was filed that would have significantly hampered the ability of local governments to administer their pretrial release programs. According to estimates from the St. Lucie County Criminal Justice Commission, the restrictions that would have been created by this legislation would likely cause defendants each month who are on supervised release to be retained in custody. Current supervised release programs cost $4 per day, whereas costs to house a defendant in jail are approximately $123 per day. Support maintaining county ability to provide non -monetary pre-trial release services that ensure the safety and welfare of local communities and oppose legislation that would limit the discretion of first appearance judges to prescribe pre-trial options for defendants. SUPPORT ISSUES Funding for Enhanced Lighting in High Crime Areas In an effort to continue promoting safety in high crime areas, grant opportunities should be created to enhance lighting in these areas. Florida SERT (State Emergency Response Team) Support funding for Florida SERT to ensure adequate preparation and resources when responding to disasters in the State. I 19 Packet Pg. 41 State Legislative Program HEALTH & HUMAN SERVICES LEGISLATIVE PRIORITIES Serg. Ardie R. Copas Veterans Nursing Home The Florida Department of Veterans' Affairs operates six veterans' nursing homes in Daytona Beach, Land O' Lakes, Pembroke Pines, Panama City, Port Charlotte and St. Augustine and one veterans' assisted living facility in Lake City. St. Lucie County was awarded the site for the seventh state veterans' nursing home following a unanimous vote at the Sept. 23, 2014 Cabinet Meeting. Support all future funding for the construction and operation of the Sergeant Ardie R. Copas Veterans Nursing Home. SUPPORT ISSUES County Health Departments Support preserving the ability of County Health Departments (CHD) to provide primary care and direct patient care services, particularly in communities without adequate substitutes or alternative providers for these services, maintaining state general revenue funding for County Health Departments, and maintaining a coordinated system of county health departments that is centrally housed within the Department of Health (DOH). Oppose efforts to decentralize the public health system by transferring authority over CHDs from the DOH to the respective county governments, any state reductions to the County Health Department Trust Funds; and any efforts, legislative or otherwise, to limit or eliminate the provision of primary care services in CHDs. Homelessness Support developing a dedicated state funding source for homeless programs. Support legislation that streamlines current state statutes relating to homelessness and associated programs. Support the implementation of discharge protocols and/or procedures for hospitals and correctional facilities when releasing homeless persons. Support the development of strategies that would allow local governments to work with the state and federal government to serve target populations: the chronically homeless, veterans, and families and children, with particular emphasis on children aging out of the foster care system. Transportation Disadvantaged Programs Transportation Disadvantages (TD) funding is an important funding source to provide the most economically challenged customers with discounted rides on both our fixed route and CONNECTION services. St. Lucie County supports attempts to maintain funding to the TD program and to prevent diversion of these dollars for other purposes. Healthy Families Support a continuation of funding for the Florida Healthy Families program. Affordable Housing St. Lucie County supports efforts to ensure that funds within the Sadowski Housing Trust Fund are fully appropriated for affordable housing projects. 121 Packet Pg. 42 State Legislative Program Early Steps Program Treasure Coast Early Steps Program, within Children's Medical Services, serves families with infants and toddlers, birth to 36 months of age, who have developmental delays or an established condition likely to result in a developmental delay. Each child receives an Individualized Family Support Plan (IFSP) that meets his or her needs. Families and caregivers also receive support to develop the skills and confidence they need to help their children learn and develop. The County supports continued funding of the program Kidcare/Medicaid Eligibility The County supports legislation to extend the Kidcare Program eligibility or Medicaid eligibility to all lawfully residing children. Community Healthcare Clinics/HANDS The County strongly supports the continuation or increase of funding for all Community Healthcare Clinics, such as the HANDS Clinic in Fort Pierce. Mental Health/Substance Abuse Services The County supports increased state funding for public mental health and substance abuse services. Florida sits at 49th out of 50 states in mental health services funding, according to fiscal year 2013 figures from the Kaiser Family Foundation, which includes addiction treatment funding. The U.S. average for per capita spending in millions on mental health services is $129.99, and Florida's per capita spending is $37.28, only higher than Idaho. I 22 Packet Pg. 43 State Legislative Program EDUCATION ,SUPPORT ISSUES State Library Funding Local governments receive State support for libraries through three different programs: the State Aid program, the Regional Multi -type Library Cooperative Grant program, and the Public Library Construction Grant program. Continuation of these funding sources will ensure that the State will play an appropriate role in enhancing public library service by matching local library expenditures, enhancing consortia services to area libraries, and providing needed dollars for the construction of new public libraries. Indian River State College Support Indian River State College (IRSC) with increased operational funding for workforce -related initiatives and enhancing the institutions capacity to serve the community; additionally, support revisions to the Florida College System Performance funding methodology which would more equitably evaluate its collective institutions and promote even greater success in the nation's best state and community college system. Support IRSC's ability to serve the region with upper -division, baccalaureate programs that meet the current and future workforce needs of our communities. Conversely, oppose legislative measures which may potentially incapacitate growth in existing programs, or severely limit the institution's ability to implement new programs if a workforce need is demonstrated. Support any IRSC College Improvement Plan (CIP) building construction projects that come forward for funding on the state's Public Education Capital Outlay (PECO) prioritized list. I 23 Packet Pg. 44 State Legislative Program AGRICULTURE ,SUPPORT ISSUES Treasure Coast Food Bank Food Production Facility $750,000 The Treasure Coast Food Bank (TCFB) will refurbish their own facility to house equipment such as freezers, coolers, rolling tables, washers, and several necessary commercial kitchen items. TCFB will fully utilize the new, fully -equipped Food Production Facility which will process, prepare, value -add, flash -freeze, and cryovac 25 million pounds of healthy produce (in just the first year) for area schools and TCFB's 200 partner agencies. St. Lucie County supports the Treasure Coast Food Bank in their legislative request this year. It should also be noted that there are currently no so-called "chop houses" or food production centers working specifically for the purpose of providing millions of pounds of healthy, nutritious fruits and vegetables to Florida schools. TCFB's Food Production Facility will actually be the first "chop house" operation in Florida that will safely and effectively provide local schools each year with millions of pounds of processed, prepared, value-added, cryovaced, fruits and vegetables. Invasive Exotic Plant Research OF IFAS The OF/IFAS quarantine facility, which opened in 2004 at the Treasure Coast Research Park, is a highly secure lab where scientists conduct research on biological controls for invasive species. Biological control uses natural enemies to control plant and insect pests. Scientists introduce, evaluate and release biological control agents to try to manage exotic weeds and insect pests in Florida. OF/IFAS scientists at the quarantine facility are working on many projects, including: • Trying to establish laboratory colonies of one or more promising insect herbivores that feed on cogongrass, one of the most invasive grasses in the Southeast. • In collaboration with the Florida Department of Agriculture and Consumer Services and the U.S. Department of Agriculture, scientists have released more than 350,000 beetles for biological control of the air potato at more than 1,000 locations in Florida since 2012. Biological control of Brazilian peppertree using two insects from South America. In greenhouse trials, these insects have been shown to reduce growth of the invasive weed by as much as 89 percent. Release of the insects will begin as soon as federal approval is received. The County supports continued funding which will benefit the Invasive Exotic Plant Research located at the University of Florida IFAS in Fort Pierce. I 25 Packet Pg. 45 State Legislative Program SUPPORTING BUDGET DOCUMENTS E r Q Packet Pg. 46 I 29 State Legislative Program St. Lucie County Legislative Budget Requests (Fiscal Year 2016-2017) _ � 1. Project Title: Treasure Coast International Airport Expansion 2. Member Sponsor(s) Name: District No: 3. What countywide or statewide interest does this project address? The economic impact of during construction of the new hangar is anticipated to total $6.85 million, sustaining 55 jobs. Once the hangar is completed and the construction impacts have ended, one or more MROs would occupy the facility, creating and sustaining operational jobs and economic output. Jobs created by MROs are typically high paying, with an average wage of $53,700. The commercial activities at the MRO facility are anticipated to sustain a total of 75 total jobs (including induced job creation), with an annual payroll averaging $4.13 million and a yearly economic output averaging $14.5 million. 4. Requestor: John Wiatrak Department: Airport 5. Recipient: St. Lucie County Contact: Nicole Fogarty: cell: (772) 708-3954 2300 Virginia Ave office: (772) 462-6406 Fort Pierce, FL 3498 email: fogartvnnstlucieco.org 6. Project Description (include services to be provided): In an effort to provide economic growth and stimulus to the Treasure Coast Region the County is proposing the construction of a 30,000 square feet MRO Hangar, total cost of project is $10.6 million, the County is requesting from the State, $5.3 million. 7. Is this a water project? Yes No_X_Unknown 8. Is this project related to a federal or state declared disaster?Yes_No_X_Unknown 9. Measurable Outcome Anticipated: N/A 10. Amount requested from the State for this project FY 2016-2017: $5,500,000 11. Total cost of the project: $10,600,000 12. Is this request being made to fund (check all that apply): Operations Construction 13. What type of match exists for this request? Local_X_Private Federal None 14. Enter all that apply: Total cash amount: $5,100,000 Total in -kind amount 15. Was this project previously funded by the State? Yes NoX Unknown a. If yes, most recent fiscal year Amount 16. Is future funding likely to be requested? Yes No_X Unknown a. If yes, how much? 17. Purpose for future year funding: Recurring Operations Non -recurring Construction Other 18. Will this be an annual request? Yes_ No_X_ Unknown 19. Was the project included in an Agency budget request? Yes _X_ No Unknown a. If yes, name the Agency: Florida Department of Transportation 5 year plan for Airport Division 20. Was this project in the Governor's Recommended Budget? Yes No Unknown_X 21. Is there documented need for this project? Yes _X_ No Unknown 22. If yes, what is the documentation? (e.g. LRPP, Agency Needs Assessment, etc.) St. Lucie County Airport Master Plan and Logistics Strategic Plan 23. Was this project heard before a publicly noticed meeting of a body of elected officials (municipal, county, or state)? Yes _X_ No Unknown a. If yes, name the Body: St. Lucie County Board of County Commissioners and St. Lucie County Legislative Delegation. Packet Pg. 47 State Legislative Program Narrative for MRO Hangar Florida is the number one location for Manufacturing/Repair/Overhaul (MRO) companies in the United States with 13.0 percent of the MRO establishments in the nation. The next closest is California with 11.6 percent and Texas with 11.3 percent. Thus, the competitive nature of the MRO business favors warm climates. Second, forecasts of industry activity indicate the following as applicable to the Treasure Coast International Airport situation: • Mature Industry: The MRO business has matured to the point that growth comes through consolidation and expansion rather than through new entrants to the market. Some larger companies have expanded from northern locations to Florida, e.g. MidairUSA in Melbourne. • Slow Growth: The trend of slow overall industry growth (1.2 percent increase per year in revenues) points to the need for increasing market share and competitive advantages. This means looking for ways to attract MROs to the Airport through incentives and the development of large hangars. Third, a recent article in Florida TaxWatchl indicated that Florida is now the most attractive state for aircraft manufacturing. ST Aerospace, a Singaporean company that provides services to manufacturers such as Boeing and Airbus, announced the development of a new MRO location in Florida to supply parts to the soon -to -be Airbus facility near Mobile, AL. Embraer recently opened its aircraft manufacturing plant for the Legacy business jet in Melbourne. Economic benefits to the Treasure Coast region of a new MRO company at Treasure Coast International Airport are significant. Both jobs and economic output in the form of income and local spending will be supported by the new infrastructure. In this regard, the proposed $4 million MRO hangar has roughly 30,000 square feet, which equates to a utilization rate of between 30 and 60 employees (for this analysis 45 employees are assumed). The economic impact of during construction of the new hangar is anticipated to total $6.85 million, sustaining 55 jobs. Once the hangar is completed and the construction impacts have ended, one or more MROs would occupy the facility, creating and sustaining operational jobs and economic output. Jobs created by MROs are typically high paying, with an average wage of $53,700.2 The commercial activities at the MRO facility are anticipated to sustain a total of 75 total jobs (including induced job creation), with an annual payroll averaging $4.13 million and a yearly economic output averaging $14.5 million. ' "Ready for Takeoff: Florida Can Lead the Nation in Aircraft Manufacturing", Florida TaxWatch, July, 2014. (floridataxwatch.org). Z Source: IBISWorld Industry Report 48819, "Aircraft Maintenance, Repair & Overhaul in the US". February 2013. 30 Packet Pg. 48 State Legislative Program In addition to the economic benefits which are created by the construction of the hangar and the operation of an MRO thereafter, the County benefits from lease revenues produced by the hangar. In this regard, the County, as landlord, would be able to charge market rates for the new hangar, helping to reduce operating subsidies for the Airport. Assuming a lease rate of between $3.60 and $5.10 per square foot, revenues from lease payments could range between $108,000 and $153,000 per year. F. LUG E=CUN-`' IN -ER %AT '%AL AIP.PQP- CCt%vEPTUAL PLA%HI%3 E$-IMATE 3C D56 3F FEE-_%3INEEREC UETAL 2UILDING YRO HANG AP ANC ;ELATEC 6DR ESTIMATED TGTAL WNINGEW-V IBM E(TEHDE] MTA. E %GIHEER %6 EkfIN%A,t:r E DDIWISUI E %GINEEEI %6 [045T.PFAS: SEWCE5 i j CEEB-. RPR ANDTESTINC SERACUjiff%1 :?40 TCVU W E BID 311,0W5Q.FT.RUtGA1R 5 WKr3XC5 m2KC5 5 3; 2S•] C] { L f 1fr] C] { I ]7 Cho- CC t 5E325,C{ 6D-kDE}r1VfALTERN06TEi•9EI MSG, FT. APRON WITFT,'WCC%KECT0} 5t,544,3XC) 29:,d5UC] $1,2226}]0 r I7f225C] 44,'•1=CC v 2ASiAC{ E D kDDr1Vf ALTERNATE 1 • SITE WCIRK:UT. E.5 ACRESI $ L,53:,M0 $ 162,22aC] $ L,245723 C] j 5ri,4]3C] $ 24,074,5C v 1:4 27' .: . TOTAL i 7.&2cmaeo 31.i;2,075.84 � 3�,573.�4 $ ,�6fi.t4'd� $ 176,6!;- SC CC fiWDTGTAtR0RDEb $ iDsffijx 131 E M L tM O L a a� M N N J d M co c0 O N r C d E z U M a Packet Pg. 49 State Legislative Program I 33 THE St. Lucie County Legislative Budget Requests (Fiscal Year 2016-2017) 1. Project Title: Intermodal Logistics Center Design 2. Member Sponsor(s) Name: District No: 3. What countywide or statewide interest does this project address? Intermodal logistics centers can play a significant role in expanding our trade and logistics infrastructure by enhancing our seaports, airports, railroads, and supporting intermodal highway connectors. Florida recognized the importance of ILCs in 2012 when legislation was enacted to support ILC development through a new ILC grant program, as well as inclusion of ILCs as part of the state's Strategic Intermodal System. 4. Requestor: Leslie Olsen, Director Department: Planning & Development 5. Recipient: St. Lucie County Contact: Nicole Fogarty: cell: (772) 708-3954 2300 Virginia Ave office: (772) 462-6406 Fort Pierce, FL 34982 email: fogartvnnstlucieco.or2 6. Project Description (include services to be provided): In August 2015, St. Lucie County with the help of the Florida Department of Transportation and Department of Economic Opportunity has established the following area as a Freight Logistics Zone. Furthermore, the County has set aside 1,200 acres within that zone as an Intermodal Logistics Center, by doing so this area has been slated for future industrial use. 7. Is this a water project? Yes No_X_Unknown 8. Is this project related to a federal or state declared disaster?Yes_No_X_Unknown 9. Measurable Outcome Anticipated: N/A 10. Amount requested from the State for this project FY 2016-2017: $500,000 11. Total cost of the project: $500,000 12. Is this request being made to fund (check all that apply): Design_X_Operations Construction 13. What type of match exists for this request? Local _XPrivate Federal None 14. Enter all that apply: Total cash amount: 50150 Total in -kind amount 15. Was this project previously funded by the State? Yes No_X_ Unknown a. If yes, most recent fiscal year Amount 16. Is future funding likely to be requested? Yes No_X Unknown a. If yes, how much? 17. Purpose for future year funding: Recurring Operations Non -recurring Construction Other 18. Will this be an annual request? Yes No_X Unknown 19. Was the project included in an Agency budget request? Yes _X_ No Unknown a. If yes, name the Agency: Florida Department of Transportation District 4 20. Was this project in the Governor's Recommended Budget?Yes No Unknown _X 21. Is there documented need for this project? Yes _X_ No Unknown 22. If yes, what is the documentation? (e.g. LRPP, Agency Needs Assessment, etc.) St. Lucie County Airport Master Plan and Logistics Strategic Plan 23. Was this project heard before a publicly noticed meeting of a body of elected officials (municipal, county, or state)? Yes _X_ No Unknown a. If yes, name the Body: St. Lucie County Board of County Commissioners and St. Lucie County Legislative Delegation. Packet Pg. 50 State Legislative Program 135 St. Lucie County Legislative Budget Requests (Fiscal Year 2016-2017)� 1. Project Title: Fisherman's Wharf Land Acquisition 2. Member Sponsor(s) Name: District No: 3. What countywide or statewide interest does this project address? To promote Florida's seaports which bring high -paying jobs and economic benefits to the communities while moving goods around the globe efficiently and seamlessly. 4. Requestor: Don West, Director Department: Public Works 5. Recipient: St. Lucie County Contact: Nicole Fogarty: cell: (772) 708-3954 2300 Virginia Ave office: (772) 462-6406 Fort Pierce, FL 34982 email: fogartvnnstlucieco.or l 6. Project Description (include services to be provided): St. Lucie County has applied for a Florida Seaport Transportation and Economic Development (FSTED) grant in the amount of $255,000, for land acquisition within the operating area of the Port of Fort Pierce known as Fisherman's Wharf. Currently, the site is comprised of multiple underutilized parcels River Marina Incorporated of which the county is proposing the acquisition of the two properties belonging to River Marina and the easternmost 250 feet of Fisherman's Wharf Road. 7. Is this a water project? Yes No_X_Unknown 8. Is this project related to a federal or state declared disaster?Yes No_X_ Unknown 9. Measurable Outcome Anticipated: N/A 10. Amount requested from the State for this project FY 2016-2017: $255,000 11. Total cost of the project: $510,000 12. Is this request being made to fund (check all that apply): Design Operations Construction 13. What type of match exists for this request? Local_X_Private Federal None 14. Enter all that apply: Total cash amount: $255,000 Total in -kind amount 15. Was this project previously funded by the State? Yes NoX Unknown a. If yes, most recent fiscal year Amount 16. Is future funding likely to be requested? Yes No_X Unknown a. If yes, how much? 17. Purpose for future year funding: Recurring Operations Non -recurring Construction Other 18. Will this be an annual request? Yes No_X Unknown 19. Was the project included in an Agency budget request? Yes _X_ No Unknown a. If yes, name the Agency: Florida Department of Transportation 20. Was this project in the Governor's Recommended Budget?Yes No Unknown_X 21. Is there documented need for this project? Yes No Unknown 22. If yes, what is the documentation? (e.g. LRPP, Agency Needs Assessment, etc.) 23. Was this project heard before a publicly noticed meeting of a body of elected officials (municipal, county, or state)? Yes _X_ No Unknown a. If yes, name the Body: St. Lucie County Board of County Commissioners and St. Lucie County Legislative Delegation. Packet Pg. 51 State Legislative Program 137 St. Lucie County Legislative Budget Requests (Fiscal Year 2016-2017 ) 1. Project Title: Fisherman's Wharf Bulkhead Design 2. Member Sponsor(s) Name: District No: 3. What countywide or statewide interest does this project address? To promote Florida's seaports which bring high -paying jobs and economic benefits to the communities while moving goods around the globe efficiently and seamlessly. 4. Requestor: Don West, Director Department: Public Works 5. Recipient: St. Lucie County Contact: Nicole Fogarty: cell: (772) 708-3954 2300 Virginia Ave office: (772) 462-6406 Fort Pierce, FL 34982 email: fogartyn(&stlucieco.org 6. Project Description (include services to be provided): St. Lucie County has applied for a Florida Seaport Transportation and Economic Development (FSTED) grant in the amount of $125,000, bulkhead design at Fisherman's Wharf. The County is proposing to re-establish the bulkhead's structural integrity. In its present condition, the bulkheads are in poor condition, deteriorated and require reconstruction as part of the design. Additionally, the berth would be dredged to 20 feet minimum depth. 7. Is this a water project? Yes No_X_Unknown 8. Is this project related to a federal or state declared disaster?Yes_No_X_ Unknown 9. Measurable Outcome Anticipated: N/A 10. Amount requested from the State for this project FY 2016-2017: $125,000 11. Total cost of the project: $250,000 12. Is this request being made to fund (check all that apply): Design Operations Construction 13. What type of match exists for this request? Local_X_Private Federal None 14. Enter all that apply: Total cash amount: $125,000 Total in -kind amount 15. Was this project previously funded by the State? Yes NoX Unknown a. If yes, most recent fiscal year Amount 16. Is future funding likely to be requested? Yes No_X Unknown a. If yes, how much? 17. Purpose for future year funding: Recurring Operations Non -recurring Construction Other 18. Will this be an annual request? Yes No_X Unknown 19. Was the project included in an Agency budget request? Yes _X_ No Unknown a. If yes, name the Agency: Florida Department of Transportation 20. Was this project in the Governor's Recommended Budget?Yes No Unknown_X 21. Is there documented need for this project? Yes No Unknown 22. If yes, what is the documentation? (e.g. LRPP, Agency Needs Assessment, etc.) 23. Was this project heard before a publicly noticed meeting of a body of elected officials (municipal, county, or state)? Yes _X_ No Unknown a. If yes, name the Body: St. Lucie County Board of County Commissioners and St. Lucie County Legislative Delegation. Packet Pg. 52 State Legislative Program 139 St. Lucie County Legislative Budget Requests (Fiscal Year 2016-2017) V 1. Project Title: Treasure Coast Research Park Food Business Incubator 2. Member Sponsor(s) Name: District No: 3. What countywide or statewide interest does this project address? This Food Business Incubator will be equipped with a commercial kitchen and research lab designed to aid entrepreneurs in the development of commercially viable food ventures. It would serve as a working laboratory for food entrepreneurs to develop a product, process, market or package, and to promote the product. The Incubator would connect the entrepreneur with professional business consultative services to assist in developing a business plan for the venture in order to ensure a sustainable operation. 4. Requestor: Ben DeVries, Director Department: Treasure Coast Research Park 5. Recipient: St. Lucie County Contact: Nicole Fogarty: cell: (772) 708-3954 2300 Virginia Ave office: (772) 462-6406 Fort Pierce, FL 34982 email: fogartvnAstlucieco.org 6. Project Description (include services to be provided): To construct an 8,000 sq ft food business incubator, to be equipped with a commercial kitchen of a wet and dry designated area and research lab specifically designed to help aid users in the development of their product. 7. Is this a water project? Yes No_X_Unknown 8. Is this project related to a federal or state declared disaster?Yes_No_X_ Unknown 9. Measurable Outcome Anticipated: N/A 10. Amount requested from the State for this project FY 2016-2017: $2,000,000 11. Total cost of the project: $3,900,000 12. Is this request being made to fund (check all that apply): Design Operations Construction_X_ 13. What type of match exists for this request? Local_X_Private Federal_X_ None 14. Enter all that apply: Total cash amount: $1,895,000 Total in -kind amount 15. Was this project previously funded by the State? Yes No_X_ Unknown a. If yes, most recent fiscal year Amount 16. Is future funding likely to be requested? Yes No_X Unknown a. If yes, how much? 17. Purpose for future year funding: Recurring Operations Non -recurring Construction Other 18. Will this be an annual request? Yes_ No_X_ Unknown 19. Was the project included in an Agency budget request? Yes_ No_X_ Unknown a. If yes, name the Agency: 20. Was this project in the Governor's Recommended Budget?Yes No Unknown_X 21. Is there documented need for this project? Yes_ No Unknown_X_ 22. If yes, what is the documentation? (e.g. LRPP, Agency Needs Assessment, etc.) 23. Was this project heard before a publicly noticed meeting of a body of elected officials (municipal, county, or state)? Yes _X_ No Unknown a. If yes, name the Body: St. Lucie County Board of County Commissioners and St. Lucie County Legislative Delegation. Packet Pg. 53 State Legislative Program s St. Lucie County Legislative Budget Requests (Fiscal Year 2016-2017) 141 1. Project Title: Northwest Corridor Neighborhood Revitalization Plan 2. Member Sponsor(s) Name: District No: 3. What countywide or statewide interest does this project address? To promote the creation of a strong community and economic development within a blighted region of the County, by utilizing and coordinating with existing community wide side services and identifying opportunites. 4. Requestor: Beth Ryder, Director Department: Community Services 5. Recipient: St. Lucie County Contact: Nicole Fogarty: cell: (772) 708-3954 2300 Virginia Ave office: (772) 462-6406 Fort Pierce, FL 34982 email: fogartyn(a)stlucieco.org 6. Project Description (include services to be provided): To create a community and economic revitalization plan by utilizing and coordinating existing community wide services and identifying opportunities to promote economic development. This will enable the County to create a positive impact for its residents. St. Lucie County anticipates that the creation of the revitalization plan will generate opportunities to apply for various sources of funding needed to implement the plan such as the Community Development Block Grant Small Cities Program administered by the Florida Department of Economic Opportunity (DEO). The County has not been able to previously apply for funding due to not having the monetary resources needed to research and create a plan. 7. Is this a water project? Yes No_X_Unknown 8. Is this project related to a federal or state declared disaster?Yes_No_X_Unknown 9. Measurable Outcome Anticipated: 10. Amount requested from the State for this project FY 2016-2017: $200,000 11. Total cost of the project: $200,000 12. Is this request being made to fund (check all that apply): Design_X_Operations Construction 13. What type of match exists for this request? Local Private Federal None_X_ 14. Enter all that apply: Total cash amount: Total in -kind amount 15. Was this project previously funded by the State? Yes NoX Unknown a. If yes, most recent fiscal year Amount 16. Is future funding likely to be requested? Yes_ No_X_ Unknown a. If yes, how much? 17. Purpose for future year funding: Recurring Operations Non -recurring Construction Other 18. Will this be an annual request? Yes No_X Unknown 19. Was the project included in an Agency budget request? Yes _X_ No Unknown a. If yes, name the Agency: Department of Economic Opportunity 20. Was this project in the Governor's Recommended Budget?Yes_ No_X_Unknown 21. Is there documented need for this project? Yes No Unknown_X 22. If yes, what is the documentation? (e.g. LRPP, Agency Needs Assessment, etc.) 23. Was this project heard before a publicly noticed meeting of a body of elected officials (municipal, county, or state)? Yes _X_ No Unknown a. If yes, name the Body: St. Lucie County Board of County Commission and St. Lucie County Legislative Delegation Packet Pg. 54 State Legislative Program I 43 St. Lucie County Legislative Budget Requests (Fiscal Year 2016-2017) 1. Project Title: Regional Transit Administration/Maintenance Facility 2. Member Sponsor(s) Name: District No: 3. What countywide or statewide interest does this project address? To promote and create easily accessible transportation to all citizens of the State of Florida. 4. Requestor: Beth Ryder, Director Department: Community Services 5. Recipient: St. Lucie County Contact: Nicole Fogarty: cell: (772) 708-3954 2300 Virginia Ave office: (772) 462-6406 Fort Pierce, FL 34982 email: fogartyn(a)stlucieco.org 6. Project Description (include services to be provided): To create a conceptual design plan for a transit administration and maintenance facility which will service the three county region. The facility is slated for Selvitz Road, just north of Midway Road and will be used to store and maintain the fixed route, para-transit buses and support vehicles, as well as house staff and operational supports required for the success of the system. Currently, transit operations, fixed route and paratransit buses are housed at three different locations, each with its associated maintenance and operating costs. Vehicle maintenance and service are outsourced. The proposed appropriation will assist in completion of the next step toward construction of the facility, allowing for internal maintenance and service work, storage, security and a centralized operational site. 7. Is this a water project? Yes No_X_Unknown 8. Is this project related to a federal or state declared disaster?Yes_No_X_Unknown 9. Measurable Outcome Anticipated: N/A 10. Amount requested from the State for this project FY 2016-2017: $200,000 11. Total cost of the project: $200,000 12. Is this request being made to fund (check all that apply): Design Operations Construction_X_ 13. What type of match exists for this request? Local Private FederalX None 14. Enter all that apply: Total cash amount: $292,363 Total in -kind amount 15. Was this project previously funded by the State? Yes NoX Unknown a. If yes, most recent fiscal year Amount 16. Is future funding likely to be requested? Yes_ No_X_ Unknown a. If yes, how much? 17. Purpose for future year funding: Recurring Operations Non -recurring Construction Other 18. Will this be an annual request? Yes_ No_X_ Unknown 19. Was the project included in an Agency budget request? Yes NoX Unknown a. If yes, name the Agency: 20. Was this project in the Governor's Recommended Budget?Yes_No Unknown_X_ 21. Is there documented need for this project? Yes_ No Unknown_X_ 22. If yes, what is the documentation? (e.g. LRPP, Agency Needs Assessment, etc.) 23. Was this project heard before a publicly noticed meeting of a body of elected officials (municipal, county, or state)? Yes _X_ No Unknown a. If yes, name the Body: St. Lucie County Board of County Commissioners and St. Lucie County Legislative Delegation. Packet Pg. 55 State Legislative Program I 45 St. Lucie County Legislative Budget Requests (Fiscal Year 2016-2017) 40 1. Project Title: Treasure Coast Food Bank Food Production Facility 2. Member Sponsor(s) Name: District No: 3. What countywide or statewide interest does this project address? To develop, strengthen linkages, and create profitable and sustainable markets between local Florida farmers and cooperatives and 100 area schools and the Treasure Coast Food Bank's (TCFB) own 200 human -service partner agencies who in turn distribute food to every area of the TCFB's four -county jurisdiction of 100,000 food -insecure people. 4. Requestor: Judy Cruz, Director Department: Treasure Coast Food Bank 5. Recipient: Treasure Coast Food Bank Contact:Nicole Fogarty: cell: (772) 708-3954 401 Angle Road Judy Cruz: (772) 489-3034 Fort Pierce, FL 34947 email: fogartyn(a)stlucieco.org 6. Project Description (include services to be provided): The Treasure Coast Food Bank (TCFB) will refurbish their own facility to house equipment such as freezers, coolers, rolling tables, washers, and several necessary commercial kitchen items. TCFB will fully utilize the new, fully -equipped Food Production Facility which will process, prepare, value -add, flash -freeze, and cryovac 25 million pounds of healthy produce (in just the first year) for area schools and TCFB's 200 partner agencies. 7. Is this a water project? Yes No_X_Unknown 8. Is this project related to a federal or state declared disaster?Yes_ No_X_ Unknown 9. Measurable Outcome Anticipated: N/A 10. Amount requested from the State for this project FY 2016-2017: $750,000 11. Total cost of the project: $1,500,000 12. Is this request being made to fund (check all that apply): Design Operations ConstructionX 13. What type of match exists for this request? Local_X_Private Federal_X_None 14. Enter all that apply: Total cash amount: $750,000 Total in -kind amount 15. Was this project previously funded by the State? Yes NoX Unknown a. If yes, most recent fiscal year Amount 16. Is future funding likely to be requested? Yes_ No_X_ Unknown a. If yes, how much? 17. Purpose for future year funding: Recurring Operations Non -recurring Construction Other 18. Will this be an annual request? Yes_ No_X_ Unknown 19. Was the project included in an Agency budget request? Yes _X_ No Unknown a. If yes, name the Agency: Department of Agriculture and Consumer Services 20. Was this project in the Governor's Recommended Budget?Yes_No Unknown_X_ 21. Is there documented need for this project? Yes No Unknown_X 22. If yes, what is the documentation? (e.g. LRPP, Agency Needs Assessment, etc.) 23. Was this project heard before a publicly noticed meeting of a body of elected officials (municipal, county, or state)? Yes _X_ No Unknown a. If yes, name the Body: St. Lucie County Board of County Commissioners and St. Lucie County Legislative Delegation. Packet Pg. 56 8.C.1 ITEM NO. (ID # 3033) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Mark Godwin, Criminal Justice Coordinator Criminal Justice Division DATE: 09/01/2015 *CONSENT AGENDA\COUNTY ATTORNEY Eighth Amended Agreement between St. Lucie County and Satellite Tracking of People, LLC (S.T.O.P.) Since June 2007, the County has contracted with Satellite Tracking of People, LLC (STOP) for the electronic monitoring of criminal defendants and offenders. In lieu of incarceration, this company provides Global Position Satellite (GPS) electronic monitoring technology, enabling the County Pretrial Program to track criminal defendants and offenders via satellite. The County Pretrial Release Program has been satisfied with the services of STOP resulting in positive judicial decisions for the program. The judiciary is also satisfied with the results that GPS provides. Furthermore, the Board approved, in June 2015, an "Interagency Agreement" between Okeechobee and St. Lucie Counties for Pretrial Services in Okeechobee which will result in $80,000.00 in additional revenue. PREVIOUS ACTION: On May 22, 2007, the Board approved the contractor S.T.O.P. to monitor criminal defendants through the County pretrial release program. S.T.O.P. continues to provide public safety for individuals placed on GPS by the court system. FINANCIAL IMPACT: Funds for this contractor are designated in "other contractual services" account: 107-2360-534000-200. It should be noted that the daily GPS costs are at $3.10 per day. The daily costs have been reduced by the vendor from $8.00 dollars per day in FY09 to $3.10 per day in FY 15/16. RECOMMENDATION: County Staff is recommending that the Board enter into an extension with S.T.O.P. for the next fiscal year (October 2015 - September 30, 2016). The daily cost ($3.10 per day) remaining the same as last year. COMMISSION ACTION: Packet Pg. 57 8.C.1 Coordination/Signatures anie 5. McIntyre, C my ttorney 8/19/2015 Updated: 8/25/2015 3:19 PM by Donna Calise Page 2 Packet Pg. 58 8.C.1.a EIGHTH AMENDMENT TO JUNE 22, 2007 AGREEMENT BETWEEN ST. LUCIE COUNTY AND SATELLITE TRACKING OF PEOPLE LLC THIS EIGHTH AMENDMENT Is made and entered into this 1nd day of September, 2015, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County') and SATELLITE TRACKING OF PEOPLE LLC, or its successors, executors, administrators, and assigns ("Contractor"). WHEREAS, the parties executed an agreement dated June 22, 2007 for the Contractor to provide the technology to track designated criminal offenders via satellite GPS; and WHEREAS, the parties desire to amend the agreement to exercise a new renewal period (from October 1, 2015 thru September 30, 2016, and the payments for the new fiscal year will be $3.10 per day per unit. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 5. PAYMENT TO CONTRACTOR shall be amended to read as follows: PAYMENTS TO CONTRACTORS The County shall pay the Contractor for the performance of this Agreement in accordance with Exhibit "A" Revision date 09/01/15, as follows: October 1, 2015 — September 30, 2016 Not to Exceed $164,250.00 2. Paragraph 6. TERM OF AGREEMENT shall be amended to read as follows: TERM OF AGREEMENT This Agreement shall commence on October 1, 2015, and continue through and including September 30, 2016. County shall have the option to renew this Agreement for additional one year periods on terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. 3. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. Packet Pg. 59 8.C.1.a IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: DEPUTY CLERK W ITN ESSESS: 2 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY SATELLITE TRACKING OF PEOPLE LLC By: Print Name: Title: Chief Development Officer Packet Pg. 60 8.C.1.b EXHIBIT A — Extension date 10/1/2015 St. Lucie County (C07-08-413) Extension Date: October 1, 2015 Extended To: September 30, 2016 Unit Pricing: Pricing for BLUtag will be $3.10 per unit per day in any communication mode for GPS units installed and active on offenders. BLUhome and BLUbox, GPS accessories, are provided at no additional cost. Also included in the per diem, at no additional cost, is one (1) installation kit for every twenty (20) BLUtag units. BluHome RF Monitoring Pricing: Pricing for BluHome RF w/ BluBand monitoring will be $1.75 per unit per day for landline based units, and $2.60 per unit per day for cellular/GPRS units. BLU+ will be $2.60 per unit per day. BluScan Drive By Unit: Included in the per diem, at no additional cost, is one (1) is one BluScan unit for every twenty (20) BluTag® units. Additional BluScan units in excess of 1:20 ratio assessed at $1.00 per day per unit. Insurance and Replacement Costs: LESSOR provides coverage for lost and or intentionally damaged units. LESSEE shall use its best efforts to recover all units on behalf of LESSOR. LESSOR may terminate this Agreement if lost or damaged units from this Agreement exceed 25% of the average daily units activated per fiscal year. Replacement Cost Part Description Quantity Replacement Cost 1 BLUtag Unit 1 $ 250 2 BLUhome Unit if applicable 1 $ 300 3 BLUbox® if applicable 1 $ 200 5 Straps and direct clips for BLUtag (set comprised of one strap and four clips) 9 per unit per ear $ 10 6 Charging Coupler for BLUtag or BLU+ 1 $ 25 7 BLUscan if applicable 1 $ 350 8 BLUband 1 $ 75 9 Installation Kit 1 $ 25 Notes: 1 - Replacement only for lost and stolen units. Units are not available for purchase. Data and wireless plan included. Q Packet Pg. 61 8.C.1.b In witness whereof, each of the parties has executed this extension and modified terms as of the date and year first set forth herein. Lessor: Satellite Tracking Of People LLC Name: Greg Utterback Title: Chief Development Officer Signature Lessee: Entity Name: St. Lucie County Contact Name: Mark Godwin Address: 2300 Virginia Ave Fort Pierce, FL 34982-5652 Contact Tel: (772) 462-1441 Signature: Date: August 11, 2015 Date: Q Packet Pg. 62 8.C.2 ITEM NO. RES-2015-148 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Mark Godwin, Criminal Justice Coordinator Criminal Justice Division DATE: 09/01/2015 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Award of the 2014/15 Alcohol and Other Drug Abuse Treatment Fund Grant to the St. Lucie County Drug Screening Lab On March 18, 2008, the Board approved the implementation and opening of the St. Lucie County Drug Screening Lab. The Lab officially opened on July 1, 2008, and currently averages over 700 individual tests per week. The judiciary supports the SLC Lab, and feels the lab is a vital program in the substance abuse detection of defendants. Furthermore, successful completion and management of defendants participating in Mental Health and Drug Court is paramount to successful programs and specialty courts. Judge Cox stated "many graduates have admitted that drug testing was the biggest deterrent to relapse. As a circuit judge, I was much more confident in allowing someone to be released from the jail, knowing that they would be drug tested and if they used drugs, their bonds or ROR were immediately revoked by the pretrial supervision program. Many of the litigants are on SSI/SSD and are unable to pay the full testing fees. Drug addiction requires random and frequent testing to serve as a true deterrent, which can be costly to many, although the frequency decreases once they are involved in treatment and meetings. Without continued drug testing in SLC, our jail population will expand quickly". Once awarded, the funds from the Alcohol and Other Drug Abuse Trust Fund would be used to help offset the cost of indigent drug screening. PREVIOUS ACTION: Since FY2007/2008 the Board has awarded the Lab the annual trust fund fees that have been collected from court ordered offenders. FINANCIAL IMPACT: The funds are from user based fees and will not have an impact on the budget. The funds are in 109- 8110-591107-800, and upon approval, will be transfered to the Fine & Forfeiture Fund. Packet Pg. 63 8.C.2 RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution and award the 2015/2016 funds collected from the Alcohol and Other Drug Abuse Trust Fund to the St. Lucie County Drug Screening Lab. Once approved, the FY15/16 budget will be revised to reflect this annual allocation. COMMISSION ACTION: Coordination/Signatures Danie 5. McIntyre, C my ttorney 8/20/2015 Updated: 8/27/2015 4:25 PM by Donna Calise Page 2 Packet Pg. 64 RESOLUTION NO.15-XXX A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FINDING THAT IT IS IN THE PUBLICS BEST INTEREST TO AWARD THE 2015-2016 ALCOHOL AND OTHER DRUG ABUSE TREATMENT FUND GRANT TO THE ST. LUCIE COUNTY DRUG LAB PURSUANT TO SECTION 893.165, FLORIDA STATUTES AND ST. LUCIE COUNTY CODE AND COMPILED LAWS SECTION 1-7-23 WHEREAS, pursuant to Section 893.165, Florida Statutes and Section 1-7-23 of the St. Lucie County Code and Compiled Laws, the Board has established an Alcohol and Other Drug Abuse Trust Fund; and WHEREAS, the St. Lucie County Drug Lab is a county alcohol and drug abuse prevention, treatment or education program that provides service to County residents, including indigent residents; and WHEREAS, the Board wishes to select the St. Lucie County Drug Lab as the recipient of the Alcohol and other Drug Abuse Trust Fund grant for 2015-2016. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1. The St. Lucie County Drug Lab is designated as the recipient of the Alcohol and other Drug Abuse Trust Fund grant for 2015-2016, which is estimated to be forty thousand dollars ($40,000). Section 2. Effective Date. This Resolution shall become effective upon adoption. Section 3. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chair Paula A. Lewis XX Vice Chair, Kim Johnson XX Commissioner Chris Dzadovsky XX Commissioner Tod Mowery XX Commissioner Frannie Hutchinson XX Packet Pg. 65 PASSED AND DULY ENACTED this 1st day of September, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 66 8.C.3 ITEM NO. (ID # 3035) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Mark Godwin, Criminal Justice Coordinator Criminal Justice Division DATE: 09/01/2015 *CONSENT AGENDA\COUNTY ATTORNEY Amendment to the Siemens Healthcare Diagnostics, Inc. Easy Access four (4) year Agreement for the St. Lucie Drug Screening Lab The St. Lucie County Lab currently has had excellent service from Siemens Healthcare. This Amendment to the Master Products Agreement with Siemens would allow the Lab to purchase the UTAK Level 1 calibrator kit for the analyzer. PREVIOUS ACTION: In 2008, the Board authorized the St. Lucie County Drug Screening Lab to starting testing defendants who were involved in the court system. Since 2008, numerous Board actions have occurred as the drug screening lab has expanded. FINANCIAL IMPACT: Sufficient funds are appropriated and available in the St. Lucie Drug Screening Lab's operating account (107-2360-552000-2053 ). RECOMMENDATION: Staff recommends that the Board approve the Amendment to the Siemens Healthcare Diagnostics, Inc. Agreement for the St. Lucie County Lab. The Amendment will allow the Lab to purchase a calibrator (UTAK Calibrator Level 1 Kit) which will be included in the original master products and equipment agreement. The St. Lucie County Lab has a standing agreement in place with Siemens since 2008 as the Lab's provider, and F.S. 287.057(1)(f)(5)(b) exempts the Lab from the competitive bid process as specified in testing substance and mental health defendants. Packet Pg. 67 8.C.3 Coordination/Signatures anie 5. McIntyre, C my ttorney 8/20/2015 Updated: 8/27/2015 10:24 AM by Donna Calise Page 2 Packet Pg. 68 SIEMENS AMENDMENT to the SUPPLEMENT to the [MASTER EQUIPMENT AND PRODUCTS AGREEMENT or MASTER PRODUCTS AGREEMENT] THIS AMENDMENT to the Supplement dated to the [Master Equipment and Products Agreement or Master Products Agreement] ("Agreement") between Siemens Healthcare Diagnostics Inc. ("Siemens") and ST LUCIE DRUG LAB-OKEECHOBEE ("Customer") is made effective ("Effective Date"). WHEREAS, Customer and Siemens desire to amend the Supplement as set forth below in order that the Supplement, as amended, is acceptable to both parties for execution; NOW THEREFORE, in consideration of the terms and conditions contained herein, the parties agree the Supplement shall be amended to add the following Assays to the Supplement at the prices set forth in the chart below: Catalog # (SMN) Assay Description Tests per Kit Price per Test Price Per Kit 17010 / 10445224 UTAK Control Level 1 Kit 25 mL - - $50.00 Customer Number (Sold to): _198131 Add Assay Quote #: _1-32LW5D_ SAP Contract #: 0400022527 All purchases of the above Assays shall count toward Customer's Commitment as specified on Attachment A pursuant to paragraph 3 [or 4] of the Supplement; and All other terms and conditions of the Supplement remain unchanged and in full force and effect. IN WITNESS WHEREOF, each party hereto has caused its duly authorized representative to execute this Amendment to the Supplement to the Agreement as of the Effective Date. CUSTOMER (use blue ink): By: Name (print): Title: Date: Siemens Healthcare Diagnostics Inc. 115 Norwood Park South Norwood, MA 02062 USA 781-551-7000 www.siemens.com/diagnostics SIEMENS HEALTHCARE DIAGNOSTICS INC.: By: Name (print): Title: Date: Address: 115 Norwood Park South, Norwood, MA 02602 Packet Pg. 69 8.C.4 ITEM NO. (ID # 3044) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 09/01/2015 *CONSENT AGENDA\COUNTY ATTORNEY Revocable License Agreement - Lakewood Park - Parcel ID 1301-610-0092- 000-1 - Douglas Walker BACKGROUND: Mr. Walker is requesting a Revocable License Agreement to install a fence within a 10-foot Drainage Easement on his property. Mr. Walker would like to install a 42-inch PVC fence along his side property line. He is aware that if the fence would need to be removed for any reason, it would be at his own expense. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. Walker to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: Coordination/Signatures Danie 5. McIntyre, C my ttorney 8/20/2015 Packet Pg. 70 17 16 15 14 1 2 3 13 12 11 6 9 10 4 5 6 7 32 31 30 23 26 2T 26 1 2 8.C.4.a 1 z 3 a 5 6 7 e s rn 11 1z 1 FORT PIERCE 30 29 20 27 23 25 24 23 22 21 20 19 16 17 16 1 2 3 4 5 6 7 8 8 10 11 12 S3 F4 15 28 26 25 tiKUUKL1iVh-AVM 24 23 23 2S 20 19 18 17 16 15 1 2 3 p 5 6 7 8 8 10 11 12 13 14 1 t2-5 23 COQIJINA AYE 1 z 3 4 5 s 7 a 15 14 13 12 ii itl 9 5 � 1 2 3 4 5 8 7 22 6 rv. ubjeC{ 2 7 13 12 11 1n 9 6 ZO 6 30 29 26 27 26 25 24 23 22 21 20 S9 1 2 3 4 5 6 7 8 8 10 11 12 PASO ROBI E& BI.1IM 32 31 30 23 28 2] 26 25 Z4 33 F22 21 20 4 5 5 7 9 6 t0 11 12 13 O SANTA CL-A13A- LVD 16 jr 1 2 3 4 5 $ 14 13 12 11 10 9 6 10 71 10 V��.�9 rVr}� 9 11 12 13 F9 16 1a 17 t2 11 10 8 8 7 1 2 3 4 5 8 7 8 1 2 3 4 5 6 7 6 9 Cil'ItUSTPARK 10 17 12 BLV© 13 19 F 30 29 28 27 26 25 24 23 22 21 20 18 16 17 1fi 7 13 12 11 10 9 8 7 6 1 2 3 4 5 6 5 4 Q Packet Pg. 71 9o/AG 8.C.4.b %. � 2 $ k 2d r ' t 8S XXI 8�5' •• 15 14 /3 3 e45 � � 4 L A K ,6 ,. • ::,. Ck 'moo 6 64' 85.0' rr PASD A74 �, K1 � s 45 4 0 C �* 14 x 8 1 0 vp 0 P7 4-7 C /2 E q � y Sir. C y a 20 ^ i +I .5A)V7 , 9� .. 93_ o ' 8c iNi Cu o 9 �1r 8FA / MCC,C . iJv. fi fj 0) won Xr 0 18 tij /05.67' 8 y 'x 70'To a a► N Cu 17 12 !� a 1! /2 I3 147- Cu ♦ Ol87. S • ���7'G.O' 79. a' d9.0' 95. 0 0 49e4 do r 90 79' r' 'I •• U k T ►r 11 E � B L 4 C K a Packet Pg. 72 8.C.4.c This instrument prepared by: Janet LiCausi underthe direction of Oani0 S. McIntyre, County Attorney 230C Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2015, by and between ST. LUCIE COUNTY a political subdivision of the State of Florida, ("County") and DOUGLAS WALKER whose address is 6506 Doris Drive, Ft. Pierce, FL 34951 (the "Owner"). WHEREAS, the Owner owns the property described as follows: Lot 22, Block 5, LAKEWOOD PARK UNIT 8-B„ according to the Plat thereof, as recorded in Plat Book 11, at Page(s) 48 of the Public Records of St. Lucie County WHEREAS, the Owner has requested a Revocable License Agreement for a 42-inch PVC fence to be installed within the County's 10-foot drainage easement. Exhibit A WHEREAS, the County is willing to permit the Owner to encroach in the County's easement for the purpose of installing a fence subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the fence which will encroach within the County's drainage easement. This Revocable License shall extend only to the referenced fence and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to install and maintain the fence in the County's easement. The owner agrees that if the County Engineer and/or Road and Bridge Division determine the fence is causing flooding or drainage problems or other needs in the area and the fence needs to be removed or relocated, the owner will do so at the Owner's sole expense. i Packet Pg. 73 8.C.4.c 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to install the fence in the County's easement. The applicant shall obtain a St. Lucie County Building permit prior to the commencement of construction activities within the County drainage easement. 4. The Owner shall maintain the easement along his fence in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida and Health Department Standards. The fence shall not interfere with County use of the easement and any damage to the County easements shall be repaired by Owner. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. The applicant shall obtain a St. Lucie County Building permit prior to the commencement of construction activities within the County drainage easement 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owner perform certain alterations to the fence or the location of the fence, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence, the expiration of this Revocable license Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the fence and repair of the easement, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of the easements by the County or Utilities Department. 2 Packet Pg. 74 8.C.4.c 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this License shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: Douglas Walker 6506 Doris Drive Fort Pierce, FL 34951 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, 91 Packet Pg. 75 8.C.4.c servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK 4 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ys CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 76 8.C.4.c i ness itness STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowled ed before me this 1 day of tier' 2015, by DOUGLAS WALKER who produced �'��ae (type of identification) and who did take an oath. WITNESS my hand and official seal, this day of . 2015. My commission expires: S gnature of Notary Public iYei'•, JOANN MARIE RILEY Commission # EE 848774 Expires Dumber 4, 2016 BMde4ThmTMyPain lnswanceB0438576f9 Packet Pg. 77 8.C.4.c mn ' # W w ��oa0z 0����aa�w w4mjmF �p�O VZC� 0 N<VW FY�z Z Fw ZUZUd' O V ©VIA 7 4j woom om �IHOO9J�Jilff4 J �Q! oo-z adzo nnn nennnnunllauu U U O w U [�w� %-HOJa^ 0 1-' a i m U q J as G y s w m v c m a qm� a Gm a 3 6 6 m p `d m O tV O p4 as ° � o q F E Z m 0 Z°� E c'� mocYi m 4 `o n c c e O e`o e� W M m WZ o Z `°' m mi° 5r� m my o'cco��T��om Otl, uw �i "N�3c �m 4�FH2E�Eciz to .-zi `a ri °.avi v°ezrmai LO 4 m a O - a Cat rn v am n CV w F ka � _ fa \ l a x um. m A m ,� Q mU a q ¢ Q m m u LU O Fll li O � O a ♦t o W . O � � � � w n F o_ lii •�fQ4e3 ' �... c+. yi to Nang (D C I o� QNca Qo W (�' J J+e O J VI r I a t1 � 'wry Lake Q Packet Pg. 78 8.C.5 ITEM NO. (ID # 3047) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney DATE 09/01/2015 *CONSENT AGENDA\COUNTY ATTORNEY Airport Industrial Park - Release of Reservation Rights to Pai-Lar, LLC Pursuant to the November 10, 2004 deed which conveyed Lots 16 and 17, Block 4, and Lots 5, 7, and 8, Block 5, in the Airport Industrial Park to Pai-Lar, LLC, Pai-Lar was required to obtain building permits for a minimum five thousand (5,000) square foot building within nine (9) months of the closing and complete construction within twelve (12) months of the date of permit issuance. This condition was intended to foster development within the Airport Industrial Park. The deed further provides that if Pai-Lar failed to demonstrate good faith in securing the permits and commencing construction, Pai-Lar is required to reconvey the property to the County upon the County refunding the purchase price to Pai-Lar. The total purchase price for the five (5) lots was two hundred forty-nine thousand five hundred and 00/100 dollars ($249,500.00). As indicated in the attached letter from its attorney, Pai-Lar has been unable to proceed with its planned development and is attempting to sell the property. In order to make the property more attractive to potential buyers, Pai-Lar has requested that the County agree to release the County's reservation of rights to reacquire the property. A copy of a quit claim deed drafted for this purpose is also attached. It should be noted that the funds which would be required to repurchase the property are not included in the current or proposed budget for the Airport Division. PREVIOUS ACTION: On November 10, 2004, the County conveyed Lots 16 and 17, Block 4, and Lots 5, 7, and 8, Block 6, in the Airport Industrial Park to Pai-Lar, LLC. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the County Quit -Claim Deed releasing the County's right of reservation in Lots 16 and 17, Block 4, Airport Industrial Park, and Lots 5, 7, and 8, Block 6, Airport Industrial Park, to Pai-Lar, LLC. COMMISSION ACTION: Packet Pg. 79 8.C.5 Coordination/Signatures kaie S. McIntyre, C my ttorney 8/20/2015 Updated: 8/24/2015 3:32 PM by Donna Calise Page 2 Packet Pg. 80 8.C.5.a FRANK H. FEE, III FRANK H, FEE, IV JOSEPH J. DeROSS, JR., P.A. TELEPHONE (772)461-5020 Writer's Email ffec@fecd erossfee.com Heather Young, Esquire Assistant County Attornry 2300 Virginia Avenue Fort Pierce, FL 34982 FEE, DeROSS & FEE, P.L. ATTORNEYS AT LAW SINCE 1905 426 AVENUE A FORT PIERCE, FLORIDA 34950 POPPELL HOUSE A Designated Historic Properly July 23, 2015 Re: PAI-LAR, LLC (Art Hungerford) - County Deed Dear Heather: FRED FEE (1888-1939) FRANK FEE (1913-1983) TELECOPIER (772) 468.8461 Please recall our recent conversation regarding property at the Airport sold by the County to PAI-LAR, LLC in 2004. The principal of this LLC is Art Hungerford, who has engaged me. As Mr. Hungerford has been unable to obtain approvals for development of the property as he would like, and does not wish to comply with Paragraph 5 of the County Deed recorded in O. R. Book 2102, Page 1632, a copy of which is enclosed, he wishes to dispose of the property by sale. As we discussed, the property was sold by the County at a time approaching the top of the bubble market, and the County has no interest in repurchasing the property at the price originally paid. I have therefore prepared and enclose a County Quit -Claim Deed intended to release only the reservation of rights by the County that appear in Paragraph 5 of the enclosed deed. You will note that 1 have carefully preserved all of the County's other reserved rights that appear elsewhere in the deed. Please advise as soon as you can if you find the deed satisfactory and what further steps need to take to have it presented to the BOC for approval and ultimate execution. Thank you. FHF:cs Encls. Yours very truly, Frank H. Fee, III Packet Pg. 81 JOANNE HOLMAN, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 2507955 OR BOOK 2102 PAGE 1632, Recorded 12/01/2004 at 09:35 AM Doc Tax: $1746.50 8.C.5.b Prepared by {wilhout benefit of title examination} and return to: Heather Young Assistant County Atlorney 2300 Virginia Avenue Fort Pierce, Florida 34957 c 1 12 . 11411oida tatutTHIS DE m de nd executeay of g(14, y ST. COCJNTY, pli ica subdiiion th lorida, a uccessor in tit a ai d interest to th Fo �erce Y an Ai�o uth�tsuant�pter9$-497, Laws o�ridd'h�inatier called t ran to PAI-LA L Virginia 11 y company, N -addre s is 1206 Rothesay Circle, Richmond, Virginia, 23221, hereinafter called the Grantee. WITNESSETH That the Grantor, for and in consideration of the sum of One Dollar and other valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, and convey to the Grantee, its successors, and assigns the following described lands in St. Lucie County, Lots 16 a d 7, l0 4, Airpo In ustrial Par Unit One, as pc recorded in lat o 12, Page 0 o the P bli Reco s o St. L Florida. And, � Lots 5,7 an , Bloc Airport I ditstrial kark, Unit Onj Replat, asp r Plat thereof re —in Plat Book 2 of the Public ecor s of St, Lucie County, of a. To have and to hold the same, together with all the singular appurtenances, subject, however, to the following conditions, reservations, and restrictions: 1. The protective covenants as recorded in the official records of St. Lucie Comity, Florida, in O.R. Book 49 at pages 426 to 430, and the amendments to such covenants as recorded in O.R. Book 167 at pages 1465 and 1466, O.R. Book 168 at page 1986, 0.R. Book 198 at page 1809, O.R. clo 4 D coctD'f ry ar 0 0 tV i M J tl L6 U c E t v r r Q Packet Pg. 82 OR BOOK 2102 PAGE 1633 8.C.5.b Book 211 at page 705 and 706, and O.R. Book 226 at page 2283, O.R. Book 523 at pages 787 through and including and 789, and OR Book 0533 at pages 0886 through and including 0889, O.R. Book 560 at pages 2497 through and including 2500, and O.R. Book 571 at pages 843 through and including 855. Z.�Ihdo,,jntor r carves fb-N elf, itsT rs, an igns or t e sea ene of icig t fo passage ai rairspace bo a the ur e. o sai lauds, r with the right t ca rse in said air pac s=y be inherent ' the o eration of now known or h rea er used for avi atin the air, using aid airspace for la 3. The Grantee expressly agrees for itself, its successors, and assigns to restrict the height of structures, objects of natural growth, and other obstructions on the above described lands to such a height so as not to exceed 50 feet above ground level or 88 feet above mean sea level, whichever is lower, or receive approval for a greater height by submission of FAA Form 7460-1 to the Federal Aviation Administration. 4. The Grantee expressly agrees for itself, its successors, and assigns to prevent any use of ti a ove dese ib lgsll in rfere w th or adversely ectYini ena cc o the t. Lucie ou y Ai ort. 5. This conontin ent upon he 'ante , w, iof the los g, securing a pe co tru ion o a u mg contaiof five Iho and ) s reoor ea, ko a complete within tof the permit issuance date, approved by the Grantor, said approval not to be unreasonably withheld, and meeting all building requirements of St. Lucie County, Florida. The parties recognize that one of the considerations for the sale of this subject property is the desire of the Grantor to promote activity in the Airport Industrial Park. Accordingly, it is agreed that if the Grantee fails to secure permits for and begin construction of said building in accordance with the schedule set forth in herein, and/or fails to demonstrate reasonable efforts to secure permits and begin 2 r Q Packet Pg. 83 OR BOOK 2102 PACE 1634 8.C.5.b construction of said building in accordance with such schedule, and/or fails to demonstrate reasonable efforts to secure permits and begin construction of said building in accordance with such schedule, the Grantee shall reconvey the property to the Grantor upon the Grantor refunding the purchase price, less the Grantee's deposit, to the Grantee. I NES WFe5deret... e i s of icial seal to ffio by its TT: l4.tir�C Signed, sealed and delivered in the presence of: in day vnn�� v �i� i i a,viriiriaa iv �r.xa LU I ' COUNTY, FLORID y CHAI �'•l�(J -i .je APPROVED AS TO FORM AND, CORRECTNESS: p6b, COu rATTORNEY The foregoing instrument was acknowledged before me this 3 i�`l'{ilt day of JV MA, by Paula A. Lewis. Said person (Check one) _�, is personally known to me, produced a driver's license (issued by a state of the United States within the last five (5) years as identification, or_ produced other identification, to wit r Q Packet Pg. 84 OR BOOK 2102 PAGE 1635 8.C.5.b Commission No.: My Commission expires: Packet Pg. 85 8.C.5.c This instrument was prepared by: FRANK II. FEE,111, Esquire Fee, DeRoss & Fee, P. L. 426 Avenue A Fort Pierce, Florida 34950 COUNTY QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, made this day of , 2015, by ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter called First Party, and PAI-LAR, LLC, a Virginia Limited Liability Company, whose address is 1206 Rothessy Circle, Richmond, Virginia 23221, hereinafter called Second Party, WITNESSETH, That the First Party, for and in consideration of the sum of $10.00 in hand paid by the Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and discharge unto the Second Party forever, all of the reservation, right, interest, claim or demand which the First Party has and reserved by way of Paragraph 5 appearing at Page 2 of that certain County Deed from First Party in favor of Second Party, dated November 10, 2004, recorded in O. R. Book 2102, Page 1632, of the Public Records of St. Lucie County, Florida, as to the following described land situate, lying and being in St. Lucie County, Florida, to -wit: Lots 16 and 17, Block 4, Airport Industrial Park, Unit One, as per Plat thereof recorded in Plat Book 12, Page 40, of the Public Records of St. Lucie County, Florida And Lots 5, 7 and 8, Block 6, Airport Industrial Park, Unit One Replat, as per Plat thereof recorded in Plat Book 20, Page 3 of the Public Records of St. Lucie County, Florida Saving and reserving unto First Party its rights and interests in respect of the above -described lots as to those matters and things reserved by Paragraphs 1 through 4, inclusive, of the aforesaid County Deed. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First Party, either by law or equity, to the only proper use, benefit and behoof of the said Second Party forever. SUBJECT, HOWEVER, to the above reserved conditions, reservations and restrictions of the aforesaid Paragraphs 1 through 4, inclusive. Packet Pg. 86 8.C.5.c IN WITNESS WHEREOF, the First Party has caused this deed to be executed in its name and is official seal to be affixed hereto by its proper officials the day and year first above written. ATTEST: DEPUTY CLERK Signed, sealed and delivered in the presence of- 0 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman Print Name: APPROVED AS TO FORM AND CORRECTNESS: Print Name: STATE OF FLORIDA COUNTY OF ST. LUCIE COUNTY ATTORNEY The foregoing instrument was acknowledged before me this dayh of , 2015, by . Said person (Check One) is personally known to me, produced a driver's license (issued by a state of the United States of America within the last five (5) years as identification, or produced other identification, to -wit: Printed Name: Notary Public [Notary Rubber Stamp] Packet Pg. 87 8.C.6 ITEM NO. (ID # 3054) TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE 09/01/2015 *CONSENT AGENDA\COUNTY ATTORNEY Assignment of Note - Capital Improvement Refunding Revenue Note - Series 2011 In 2011, the Board issued a $10,330,000.00 Capital Improvement Revenue Note in favor of SunTrust Equipment Finance and Leasing Corp. ("SunTrust"). In March, 2015 SunTrust notified the County that SunTrust assigned the Note to Key Government Finance, Inc. ("Key"). The County was instructed to cancel the original note and issue a new Note registered in the name of Key. Apparently, the original note has been lost. Attached is a copy of a new Note in favor of Key prepared by the County's bond counsel. Also attached is a draft Agreement regarding Substitute Note pertaining to the lost original note. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the new Note in favor of Key and the Agreement regarding Substitute Note as drafted by the County's bond counsel and authorize the Chair to sign the Note and the Agreement. COMMISSION ACTION: Packet Pg. 88 8.C.6 Coordination/Signatures anie 5. McIntyre, C my ttorney 8/24/2015 updated: 8/24/2015 5:00 PM by Stephanie Bush Page 2 Packet Pg. 89 8.C.6.a No. R-2 $10,330,000 ST. LUCIE COUNTY, FLORIDA CAPITAL IMPROVEMENT REFUNDING REVENUE NOTE, SERIES 2011 RATE OF INTEREST MATURITY DATE DATE OF ISSUE 2.167% October 1, 2022 November 10, 2011 REGISTERED OWNER: KEY GOVERNMENT FINANCE, INC. PRINCIPAL AMOUNT: TEN MILLION THREE HUNDRED THIRTY THOUSAND DOLLARS KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, in installments on the Payment Dates indicated in Schedule 3 attached hereto and on the Maturity Date, or sooner as provided herein, the Principal Amount shown above and the interest on the outstanding Principal Amount hereof from the most recent date to which interest has been paid, until payment of such Principal Amount, at the Rate of Interest described above, and determined as provided in, Schedule 1 hereto, and subject to adjustment as set forth in Schedule 2 attached hereto, with all unpaid interest being due on the Maturity Date or upon the earlier payment of principal hereunder upon presentation and surrender hereof at the office of the Clerk of the Circuit Court for St. Lucie County, as Registrar and Paying Agent. The principal of, premium, if any, and interest on this Note are payable in lawful money of the United States of America. Interest due hereon shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. The County may prepay this Note in whole or in part at any time, after giving the Registered Owner at least twenty-one (21) days advance notice. This Note is being issued in the aggregate principal amount $10,330,000 to finance the costs of refunding the County's Capital Improvement Refunding Revenue Note, Series 2008 (the "Refunded Note"), under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 125, Part I, Florida Statutes, as amended, Ordinance 87-77 of the County, as amended, and other applicable provisions of law, and Resolution No. 11-175, duly adopted by the Board of County Commissioners on November 1, 2011 (the "Resolution"), and pursuant to a Loan Agreement between the County and the Registered Owner, dated November 10, 2011 (the "Loan Agreement"), to which reference should be made to ascertain those terms and conditions. The terms and provisions of the Loan Agreement and the Resolution are hereby incorporated as a Packet Pg. 90 8.C.6.a part of this Note. The principal of this Note shall be disbursed by the Registered Owner hereof to the County in immediately available funds on the Date of Delivery in accordance with the Loan Agreement. This Note is payable from and secured solely by the Pledged Revenues, as defined in and in the manner provided in, and subject to the terms and conditions of, the Resolution and the Loan Agreement. The Pledged Revenues consist of Non -Ad Valorem Revenues of the County budgeted and appropriated for the payment of the principal of and interest on this Note and deposited into the Sinking Fund created pursuant to the Loan Agreement. Pursuant to the Loan Agreement and the Resolution, the County has covenanted to budget and appropriate in its annual budget for each Fiscal Year, by amendment if necessary, Non -Ad Valorem Revenues in amounts sufficient to provide for the timely payment of the principal of and interest on this Note. Such covenant shall be cumulative and shall continue until Non - Ad Valorem Revenues in amounts sufficient to make all required payments hereunder when due, shall be budgeted and appropriated and actually deposited into the Sinking Fund. Notwithstanding the foregoing the County does not covenant to maintain any services or programs now provided or maintained by the County which generate Non -Ad Valorem Revenues. Such covenant to budget and appropriate does not create any lien upon or pledge of Non -Ad Valorem Revenues until budgeted, appropriated, and deposited into the Sinking Fund, nor does it preclude the County from pledging in the future any specific portion of its Non -Ad Valorem Revenues, nor does it require the County to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Registered Owner a prior claim on the Non - Ad Valorem Revenues as opposed to claims of general creditors of the County. Such covenant to budget and appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations of the County secured by a pledge of all or any specified portion of Non -Ad Valorem Revenues heretofore or hereafter issued (including the payment of debt service on bonds and other debt instruments); provided, however, this covenant to budget and appropriate for the purposes and in the manner stated herein and in the Loan Agreement shall have the effect of making available for the payment of debt service on this Note, in the manner described herein and in the Loan Agreement sufficient amounts of Non -Ad Valorem Revenues and of placing on the Board a positive duty to budget and appropriate, by amendment if necessary, amounts sufficient to meet its obligations hereunder; subject, however, in all respects to the restrictions of Section 129.03, Florida Statutes, which requires a balanced budget, and Section 125.07, Florida Statutes, which prohibits a board of county commissioners from expending or contracting for the expenditure in any Fiscal Year more than the amount budgeted in each fund's budget; and subject further, to the payment of the cost of maintaining services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. This Note shall not constitute a general obligation or indebtedness of the County, but shall be a limited obligation of the County payable solely from the Pledged Revenues as provided in the Loan Agreement. The Registered Owner hereof shall never have the right to compel the levy of taxes upon any property of or in the County for the payment of the I Packet Pg. 91 8.C.6.a principal of and interest on this Note or in order to maintain services or activities that generate Non -Ad Valorem Revenues. The principal of and interest on this Note are not secured by a lien upon the projects financed by the Refunded Notes, or upon any property of or in the County, but are secured solely by the Pledged Revenues in the manner provided herein and in the Loan Agreement. Reference is made to the Loan Agreement for the provisions relating to the security for payment of this Note and the duties and obligations of the County hereunder. The Registered Owner may sue to protect and enforce any and all rights, including the right to specific performance, existing under the laws of the State of Florida, of the United States of America, or granted and contained in the Loan Agreement, and to enforce and compel the performance of all duties required by the Loan Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof and may take all steps to enforce the Loan Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America, including acceleration of all amounts of principal outstanding hereunder together with all accrued but unpaid interest due thereon. The County waives its right to trial by jury in the event of any proceedings in state or federal courts to enforce the terms of this Note or of the Loan Agreement, and the Registered Owner, by its acceptance of this Note, waives its right to trial by jury in any such proceedings. The Interest Rate on this Note shall be a fixed rate of interest equal to 2.167%. Interest on the Note shall be calculated using a 360-day year consisting of twelve 30-day months. Interest on the Note shall be paid semiannually on each Interest Payment Date, commencing April 1, 2012. On October 1, 2012 and each Principal Payment Date thereafter, the County shall pay an annual installment of the outstanding principal due on the Note in an amount that would result in approximately level annual debt service payments for each remaining year prior to the Maturity Date. The County may prepay the Note, in whole or in part, at any time prior to the Maturity Date without penalty, after giving the Registered Owner twenty-one (21) days advance notice. Upon the occurrence of an Event of Default as defined in the Loan Agreement, the County shall also be obligated to pay all costs of collection and enforcement hereof, including attorneys' fees (including fees incurred on appeal). It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of the State of Florida to be performed, to exist and to happen precedent to and in the issuance of this Note, have been performed, exist and have happened in regular and due form and time as so required. 3 Packet Pg. 92 8.C.6.a IN WITNESS WHEREOF, St. Lucie County, Florida, has caused this Note to be executed by the Chairman or Vice -Chairman of its Board of County Commissioners, and countersigned and attested by the Clerk or Deputy Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners, either manually or with their facsimile signatures, and its seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, all as of the Date of Issue above. (SEAL) COUNTERSIGNED AND ATTESTED: IN Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners S-1 ST. LUCIE COUNTY, FLORIDA Chair, Board of County Commissioners Packet Pg. 93 8.C.6.a SCHEDULES TO ST. LUCIE COUNTY, FLORIDA CAPITAL IMPROVEMENT REFUNDING REVENUE NOTE, SERIES 2011 Schedule 1- Terms of Note Schedule 2- Adjustments to Interest Rate in Certain Events Schedule 3-Debt Service for the Series 2011 Note Packet Pg. 94 8.C.6.a SCHEDULEI TERMS OF NOTE DEFINITIONS: For purposes of the Note to which this Schedule 1 is attached, the following definitions shall apply. Capitalized terms used and not otherwise defined herein shall have the meaning set forth in the Loan Agreement. "Date of Delivery" means November 10, 2011. "Interest Payment Date" means each April 1 and October 1, commencing April 1, 2012, through and including October 1, 2022. "Interest Rate" or "Rate of Interest" means: A fixed rate of interest equal to 2.167%. Interest on the Note shall be calculated using a 360- day year consisting of twelve 30-day months. "Maturity Date" means October 1, 2022. "Payment Date" means both the Interest Payment Dates and Principal Payment Dates "Prime Rate" shall mean a rate of interest equal to the announced prime commercial lending rate per annum of the Purchaser. The Prime Rate is a reference rate for the information and use of the Purchaser in establishing the actual rate to be charged to the County. The Prime Rate is purely discretionary and is not necessarily the lowest or best rate charged any customer. The Prime Rate shall be adjusted from time to time without notice or demand as of the effective date of any announced change thereof. "Principal Payment Date" means each October 1, commencing October 1, 2012 and continuing through October 1, 2022. "Taxable Rate" means a rate equal to the Prime Rate times that percentage which after the Determination of Taxability will result in the same after-tax yield to the Registered Owner of the Note as before said Determination of Taxability, but in no event exceeding the maximum interest rate permitted by applicable law. OTHER PROVISIONS: See Schedule 2 hereto. Schedule 1 — Page 1 Packet Pg. 95 8.C.6.a SCHEDULE 2 ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS (i) Adjustment of Interest Rate for Full Taxability. In the event a Determination of Taxability shall have occurred, the rate of interest on the Note shall be increased to the Taxable Rate, effective retroactively to the date on which the interest payable on the Note is includable for federal income tax purposes in the gross income of the Registered Owner thereof. In addition, the Registered Owner of the Note or any former Registered Owners of the Note, as appropriate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States of America by the Registered Owner or former Registered Owners of the Note as a result of such Determination of Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the County within sixty (60) days following the Determination of Taxability and demand by the Registered Owner. A "Determination of Taxability" shall mean (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other written notification which holds in effect that the interest payable on the Note is includable for federal income tax purposes in the gross income of the Registered Owner thereof, which notice or notification is not contested by either the County or any Registered Owner of the Note, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Note is includable for federal income tax purposes in the gross income of the Registered Owner thereof, which determination either is final and non -appealable or is not appealed within the requisite time period for appeal, or (iii) the admission in writing by the County to the effect that interest on the Note is includable for federal income tax purposes in the gross income of the Registered Owner thereof. (ii) Adjustment of Interest Rate for Partial Taxability_ In the event that interest on the Note during any period becomes partially taxable as a result of a Determination of Taxability applicable to less than all of the Note, then the interest rate on the Note shall be increased during such period by an amount equal to: (A-B) x C where: (A) A equals the Taxable Rate (expressed as a percentage); (B) B equals the interest rate on the Note (expressed as a percentage); and (C) C equals the portion of the Note the interest on which has become taxable as the result of such tax change (expressed as a decimal). In addition, the Registered Owner of the Note or any former Registered Owner of the Note, as appropriate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Registered Owner or former Registered Owners of the Note as a result of such Determination of Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the County within sixty (60) days following the Determination of Taxability and demand by the Registered Owner. Schedule 2 — Page 1 Packet Pg. 96 8.C.6.a (iii) Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate. In the event that the maximum effective federal corporate tax rate (the "Maximum Corporate Tax Rate") during any period with respect to which interest shall be accruing on the Note on a tax-exempt basis, changes from the Maximum Corporate Tax Rate then in effect, the interest rate on the Note that is bearing interest on a tax-exempt basis shall be adjusted to the product obtained by multiplying the interest rate then in effect on the Note by a fraction equal to (I-A divided by 1-13), where A equals the Maximum Corporate Tax Rate in effect as of the date of adjustment and B equal the Maximum Corporate Tax Rate in effect immediately prior to the date of adjustment. (iv) Adjustment of Interest Rate for Other Changes Affecting After -Tax Yield. So long as any portion of the principal amount of the Note or interest thereon remains unpaid (a) if any law, rule, regulation or executive order is enacted or promulgated by any public body or governmental agency which changes the basis of taxation of interest on the Note or causes a reduction in yield on the Note (other than by reason of a change described above) to the Registered Owner or any former Registered Owners of the Note, including without limitation the imposition of any excise tax or surcharge thereon, or (b) if, as result of action by any public body or governmental agency, any payment is required to be made by, or any federal, state or local income tax deduction is denied to, the Registered Owner or any former Registered Owners of the Note (other than by reason of a change described above or by reason of any action or failure to act on the part of any Owner or any former Registered Owner of the Note) by reason of the ownership of the Note, the County shall reimburse any such Owner within five (5) days after receipt by the County of written demand for such payment, and the County agrees to indemnify each such Owner against any loss, cost, charge or expense with respect to any such change. The determination of the after-tax yield calculation shall be verified by a firm of certified public accountants regularly employed by the Purchaser (or the current Owners of the Note) and acceptable to the County, and such calculation, in the absence of manifest error, shall be binding on the County and the Registered Owner. The foregoing notwithstanding, in no event shall the Note bear interest at a rate in excess of the maximum rate permitted by applicable law. Schedule 2 — Page 2 Packet Pg. 97 8.C.6.a SCHEDULE3 DEBT SERVICE FOR THE SERIES 2011 NOTE Payment Total Date Principal Interest Debt Service 04/1/2012 $87,675.014 $87,675.01 10/1/2012 $875,000* 111,925.55* 986,925.55 04/1 /2013 102,444.93 * 102,444.93 10/1/2013 855,000* 102,444.93* 957,444.93 04/1/2014 93,181.00* 93,181.00 10/1/2014 875,000* 93,181.00* 968,181.00 04/1/2015 83,700.38* 83,700.38 10/1/2015 895,000 83,700.38 978,700.38 04/1/2016 74,003.05 74,003.05 10/1/2016 915,000 74,003.05 989,003.50 04/1/2017 64,089.03 64,089.03 10/1/2017 935,000 64,089.03 999,089.03 04/1/2018 53,958.30 53,958.30 10/1/2018 955,000 53,958.30 1,008,958.30 04/1/2019 43,610.88 43,610.88 10/1/2019 975,000 43,610.88 1,018,610.88 04/l/2020 33,046.75 33,046.75 10/1/2020 995,000 33,046.75 1,028,046.75 04/1/2021 22,265.93 22,265.93 10/1/2021 1,015,000 22,265.93 1,037,265.93 04/l /2022 11,268.40 11,268.40 10/1/2022 1,040,000 11,268.40 1,051,268.40 Totals: $10,330,000 $1,362,737.86 $11,692,737.86 *Paid prior to exchange of Bond R-1 for Bond R-2. Schedule 3 — Page 1 Packet Pg. 98 8.C.6.a ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature Guaranteed Notice: Signature must be guaranteed by an institution which is a participant in the Securities Transfer Agents Medallion Program ("STAMP") or similar program. (Authorized Officer) Notice: The signature to the assignment must correspond with the name of the registered bondholder as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Packet Pg. 99 8.C.6.b AGREEMENT REGARDING SUBSTITUTE NOTE This Agreement Regarding Substitute Note, dated as of August _, 2015 (the "Agreement") by and among St. Lucie County, Florida (the "County"), SunTrust Equipment Finance And Leasing Corp. (the "Original Owner") and Key Government Finance, Inc. (the "Subsequent Owner"), W ITN ESSETH: WHEREAS, the County previously issued its Capital Improvement Refunding Revenue Note, Series 2011, No. R-1 (the "Original Note"), which Original Note was purchased by the Original Owner from the County; and WHEREAS, the Original Owner has assigned the Original Note to the Subsequent Owner; and WHEREAS, the Original Note instrument has been lost; and WHEREAS, pursuant to the provisions of Section 7 of the Loan Agreement, dated as of November 10, 2011(the "Loan Agreement"), pursuant to which the Original Note was issued, the parties are entering into this Agreement to reflect a new Note No. R-2 (the "New Note") being issued to the Subsequent Owner in replacement of the Original Note; NOW, THEREFORE, in consideration of the foregoing and of $10.00 validly exchanged, the parties hereto agree as follows: SECTION 1. The County hereby delivers the New Note to the Subsequent Owner in replacement for the Original Note. SECTION 2. In accordance with Section 7 of the Loan Agreement, the Subsequent Owner hereby indemnifies the County for any liability it may incur or loss it may sustain as a result of issuing the New Note to the Subsequent Owner in substitution for the Original Note. The Original Note is hereby deemed no longer outstanding and valid under the Loan Agreement, and in the event the Original Note is at any time found, it shall be returned to the County immediately for cancelation. IN WITNESS WHEREOF, we have hereunto set our hands this _ day of August, 2015. (SEAL) COUNTERSIGNED AND ATTESTED: By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners ST. LUCIE COUNTY, FLORIDA By: Chair, Board of County Commissioners Packet Pg. 100 8.C.6.b SUNTRUST EQUIPMENT FINANCE AND LEASING CORP. By: Name: Title: KEY GOVERNMENT FINANCE, INC. By: Name: Title: Packet Pg. 101 8.D.1 ITEM NO. (ID # 3043) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: 4113IX4is BACKGROUND: Susan Jacob, Library Manager Library Services Division State Aid to Libraries DATE: 09/01/2015 *CONSENT AGENDA\COMMUNITY SERVICES St. Lucie County has been the recipient of State Aid to Libraries grant funding since 1978. State Aid funds are made available through the Department of State/State Library of Florida for all county or municipal libraries throughout the State. With each year's application, Libraries are required to include an Annual Plan of Service approved by the Library's governing body. The amount of each Library's annual award fluctuates and is based on the total State appropriation and the Library's actual operating budget from the previous fiscal year. Operating Grants provide a match of up to $0.25 cents on each dollar of local funds expended for the operation and maintenance of the library during the second preceding fiscal year. This year, the State Legislature has decreased the total Library appropriation from $27,409,823.00 to $22,298,834.00. In FY15, the Library was awarded $122,357.00. This year the St. Lucie County Library's System's grant amount is estimated to be $96,021.00. This is a reduction of $26,336.00. These funds have been set aside to partially fulfill our annual financial commitment for services at the joint -use Pruitt Campus Library. The funds received from this grant can only be used for operating expenses. These funds have been projected in the Library's FY16 budget. N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Packet Pg. 102 8.D.1 Staff recommends Board approval to submit the annual State Aid to Libraries Grant, approval of the Library's required Annual Service Plan and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures 6;yder,ConnmunitySer jkces Dir 8/18/2015 anie s. McIntyre, C my ttorney 8/19/2015 Updated: 8/20/2015 2:38 PM by Donna Calise Page 2 Packet Pg. 103 8.D.1.a STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND St. Lucie County Board of County Commissioners for and on behalf of St. Lucie County Library System This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the "Division," and the Saint Lucie County Board of County Commissioners for and on behalf of Saint Lucie County Library System, hereinafter referred to as the "Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant (CSFA 45.030) by the Division in the amount specified on the "Fiscal Year 2015-2016 State Aid to Libraries Final Grants" document (which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257, Florida Statutes. By reference, the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose. This grant shall be used exclusively for the "State Aid to Libraries Grant," the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work as identified in Section 257.17 Florida Statutes: Manage or coordinate free library service to the residents of its legal service area. The Grantee shall: l . Have a single administrative head employed full time by the library's governing body; 2. Provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; 3. Provide access to materials, information and services for all residents of the area served; and 4. Have at least one library, branch library or member library open 40 hours or more each week. State Aid to Libraries Grant Agreement Page 1 of 17 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 104 8.D.1.a b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payment to be awarded. Payment 1, Deliverable/Task 1: ■ The first payment will be a fixed price in the amount of 100% of the grant award. The Grantee will have at least one library, branch library or member library open 40 hours or more each week. 2. Length of Agreement. This Agreement shall begin the date the agreement is signed by both the Grantee's Governing Body and the Division and continue until all grant funds have been expended, unless terminated in accordance with the provisions of Section 29 of this Agreement. 3. Expenditure of Grant Funds. The Grantee cannot obligate or expend any grant funds before the Agreement has been signed by all parties. No costs incurred after termination of the Agreement shall be allowed unless specifically authorized by the Division. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: Marian Deeney, Library Program Administrator Florida Department of State R.A. Gray Building Mail Station # 9D 500 South Bronough Street Tallahassee, Florida 32399 Phone: (850) 245-6620 Facsimile. (850) 245-6643 Email: marian.deeney@dos.myflorida.com For the Grantee: Susan Jacob, Library System Manager 101 Melody Lane Fort Pierce, Florida 34950-4402 Phone: (772) 462-1615 Facsimile: (772) 462-2750 Email: jacobs@stlucieco.org State Aid to Libraries Grant Agreement Page 2 of 17 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 105 8.D.1.a 5. Grant Payments. All grant payments are requested by submitting a Grant Payment Request Form. The Grant Payment Request Form is available on the Division's website at info.florida. ov/services-for-libraries/ rants/coo erativel uidelines-a lications-and-forms/. The total grant award shall not exceed the amount specified on the "Fiscal Year 2015-2016 State Aid to Libraries Final Grants" document (Attachment B), which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. The grant payment schedule is outlined below: a) The first payment will be a 100% fixed price in the amount of the grant award as specified in Attachment B. Payment will be made in accordance with the completion of the Deliverables. 6. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed hank accounts. To download this form visit myfloridaefo.com/Division/AA/Forms/DFS-A1-26E.pdf. The form also includes tools and information that allow you to check on payments. 7. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfo.com/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the Division with the executed Agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes: Should the library fail to provide free library service to the public or to be open for at least 40 hours per week, it will no longer be eligible to receive State Aid to Libraries grant funding, and its funding will be reduced to zero. First payment will be withheld if Deliverables are not satisfactorily completed. State Aid to Libraries Grant Agreement Page 3 of 17 Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 106 8.D.1.a 9. Credit Line(s) to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant funding for activities and publications supported by grant funds. Any announcements, information, press releases, publications, brochures, videos, web pages, programs, etc. created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds were used to create them. Use the following text: "This project has been funded under the provisions of the State Aid to Libraries Grant program, administered by the Florida Department of State's Division of Library and Information Services." 10. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures, which are available online at myfloridacfo.com/aadir/reference gqiW. Grant funds may not be used for the purchase or construction of a library building or library quarters. 11. Travel Expenses. The Subgrantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061, Florida Statutes. 12. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. 13. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Marian Deeney, Library Program Administrator, Division of Library and Information Services, 500 South Bronough Street, Mail Station 49D, Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. State Aid to Libraries Grant Agreement Page 4 of 17 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 107 8.D.1.a 14. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment A for additional information regarding this requirement. If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least $500,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 257.41(3), Florida Statutes within nine months of the close of its fiscal year. 15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained for a period of five (5) fiscal years after the close out of the grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five- year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved. 16.Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 18. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest any or all grant funds received but not expended in an interest bearing account pursuant to Section 216.181(16)(b), Florida Statutes. Interest earned on such investments should be returned to the Division quarterly, except that interest accrued less than $100 within any quarter may be held until the next quarter when the accrued interest totals more than $100. All interest accrued and not paid to the Division, regardless of amount, must be submitted with the Grantee's Final Report at the end of the Grant Period. 19. Noncompliance. Any Grantee that is not following Florida statutes or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. State Aid to Libraries Grant Agreement Page 5 of 17 Chapter IB-2.011(2)(a), Florida Administrative Code, Effective 4.2015. Packet Pg. 108 8.D.1.a 20. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest -bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled checks). 21. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the tennination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 22. Lobbying. The Subgrantee will not use any grant funds for lobbying the state legislature, the state judicial branch or any state agency. 23. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. State Aid to Libraries Grant Agreement Page 6 of 47 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 109 8.D.1.a 24. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants, joint venturers or partners of the Division. 25. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 26. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 19, Noncompliance. 27. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. State Aid to Libraries Grant Agreement Page 7 of 17 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 110 8.D.1.a 28. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. 29. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 30. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 31. Non -Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. 32. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant - assisted project in accordance with Section 287.057, Florida Statutes. a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below: 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. State Aid to Libraries Grant Agreement Page 8 of 17 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 111 8.D.1.a 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 33. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 34. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 35. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 36. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 37. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513, Florida Statutes and the Americans with Disabilities Act of 1990. 38. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. State Aid to Libraries Grant Agreement Page 9 of 17 Chapter IB-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 112 8.D.1.a 39. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Federal and State of Florida Single Audit Act Requirements (Attachinent A), including Exhibit 1. c) Fiscal Year 2015-2016 State Aid to Libraries Final Grants (Attachment B) The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Date of Agreement: Grantee: By: Chair of Governing Body or Chief Executive Officer Typed name and title Cleric or Chief Financial Officer Typed name and title Date Department of State: to Typed name and title Witness State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Page 10 of 17 Packet Pg. 113 8.D.1.a ATTACHMENT A FEDERAL AND STATE OF FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 2 Subpart F — Audit Requirements and Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on -site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.328 and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization that has received federal funds awarded through the Department of State. Exhibit 1 to this attachment indicates whether federal resources have been awarded through the Department of State by this agreement. 2 CFR 2 §200.501 Audit Requirements: (a) Audit required. A non-federal entity that expends $750,000 or more during the non-federal entity's fiscal year in federal awards must have a single or program -specific audit conducted for that year in accordance with the provisions of this part. (b) Single audit. A non-federal entity that expends $750,000 or more during the non-federal entity's fiscal year in federal awards must have a single audit conducted in accordance with 2 CFR 2 §200.51 d Scope of audit, except when it elects to have a program -specific audit conducted in accordance with paragraph (c) of this section. State Aid to Libraries Grant Agreement Page 1 i of 17 Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 114 8.D.1.a (c) Program -specific audit election. When an auditee expends federal awards under only one federal program (excluding R&D) and the federal program's statutes, regulations, or the terms and conditions of the federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program -specific audit conducted in accordance with 2 CFR 2 §200.507 Program -specific audits. A program -specific audit may not be elected for R&D unless all of the federal awards expended were received from the same federal agency, or the same federal agency and the same pass -through entity, and that federal agency, or pass -through entity in the case of a subrecipient, approves in advance a program -specific audit. (d) Exemption when federal awards expended are less than $750, 000. A non-federal entity that expends less than $750,000 during the non-federal entity's fiscal year in federal awards is exempt from federal audit requirements for that year, except as noted in 2 CFR 2 §200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the federal agency, pass -through entity, and Government Accountability Office (GAO). (e) Federally Funded Research and Development Centers (FFRDC). Management of an auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part. (f) Subrecipients and contractors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor. Federal awards expended as a recipient or a subrecipient are subject to audit under this part. The payments received for goods or services provided as a contractor are not federal awards. Section §200.330 Subrecipient and contractor determinations should be considered in determining whether payments constitute a federal award or a payment for goods or services provided as a contractor. (g) Compliance responsibility for contractors. In most cases, the auditee's compliance responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods and services comply with federal statutes, regulations, and the terms and conditions of federal awards. Federal award compliance requirements normally do not pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions which are structured such that the contractor is responsible for program compliance or the contractor's records must be reviewed to determine program compliance. Also, when these procurement transactions relate to a major program, the scope of the audit must include determining whether these transactions are in compliance with federal statutes, regulations, and the terms and conditions of federal awards. (h) For profit subrecipient. Since this part does not apply to for -profit subrecipients, the pass -through entity is responsible for establishing requirements, as necessary, to ensure compliance by for -profit subrecipients. The agreement with the for -profit subrecipient should describe applicable compliance requirements and the for -profit subrecipient's compliance responsibility. Methods to ensure compliance for federal awards made to for -profit subrecipients may include pre -award audits, monitoring during the agreement, and post -award audits. See also §200.331 Requirements for pass -through entities. The Internet address listed below will assist recipients in locating documents referenced in the text of this agreement and with the interpretation of compliance issues. U.S. Government Printing Office www. ecfr. gov State Aid to Libraries Grant Agreement Page 12 of 17 Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 115 8.D.1.a FART IE STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes and has received state funds awarded by the Department of State. Exhibit 1 to this attachment indicates whether state resources have been awarded by the Department of State by this agreement. Section 215.97, Florida Statutes Single Audit Requirements In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit I to this attachment indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies and other nonstate entities. State financial assistance does not include federal direct or pass - through awards and resources received by a nonstate entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part I1, paragraph 1 of this attachment, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). The Internet addresses listed below will assist recipients in locating documents referenced in the text of this agreement and with the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) fldfs.com State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) State Aid to Libraries Grant Agreement Page 13 of 17 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 116 8.D.1.a PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 2 §200.512 and required by Part I of this attachment shall be submitted, when required by 2 CFR 2 §200.512, by or on behalf of the recipient, directly to each of the following: A. The Department of State at the following address: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse, electronically, at harvester. census.gov/sac/as designated in 2 CFR 2 §200.512 C. Other federal agencies and pass -through entities, in accordance with 2 CFR 2 §200.513 2. In the event that a copy of the reporting package for an audit required by Part I of this attachment and conducted in accordance with 2 CFR 2 §200.501 Audit Requirements is not required to be submitted to the Department of State for the reasons pursuant to 2 CFR 2 §200.501, the recipient shall submit the required written notification pursuant to 2 CFR 2 §200.501 (d) and a copy of the recipient's audited schedule of expenditures of federal awards directly to the following: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 A non-federal entity that expends less than $750,000 during the non-federal entity's fiscal year in federal awards is exempt from federal audit requirements for that year, except as noted in 2 CFR 2 §200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the federal agency, pass -through entity and Government Accountability Office (GAO). State Aid to Libraries Grant Agreement Page 14 of 17 Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 117 8.D.1.a 3. Copies of financial reporting packages required by Part II of this attachment shall be submitted, by or on behalf of the recipient, directly to each of the following: A. The Department of State at the following address: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 1 L1 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letters or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR 2 Subpart F, Audit Requirements; Section 215.97, Florida Statutes; and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 2 Subpart F or Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION l . The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued and shall allow the Department of State or its designee, Chief Financial Officer or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State or its designee, Chief Financial Officer or Auditor General upon request for a period of five fiscal years from the date the audit report is issued, unless extended in writing by the Department of State. State Aid to Libraries Grant Agreement Page 15 of 17 Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 118 8.D.1.a EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable. MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State, State Aid to Library Grants, CSFA Number 45.030 Award Amount: Listed on Attachment B, Fiscal Year 2015-2016 State Aid to Libraries Final Grants COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: As contained in the Compliance Supplement to CSFA Number 45.030. State Aid to Libraries Grant Agreement Page 16 of 17 Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 119 8.D.1.a ATTACHMENT B Fiscal Year 2015-2016 State Aid to Libraries Final Grants State Aid to Libraries Grant Agreement Page 17 of 17 Chapter I B-2.011(2)(a), Florida Administrative Code, Effective 4-2015. Packet Pg. 120 8.D.1.b L m L Ja J 4i CA 4� i F w Tmi N O y- c m a a� V L w CA Er Q Packet Pg. 121 8.D.1.b n O N O N O Q V) rs o o ri Cd 1-4 v Cd O � .s ; "d '� U •� Q" 'd 7d id U C*4) U U U N 'd .� 4 0 � Cd , O In V) O > 'i (V c*1 kn OQ 01 U) U) Cn U) V) LO) Ln CC/) V� c ca d J O Q m (n C) O Co 0 N d V a) N O c R IL c c Q Co c d t u m r Q Packet Pg. 122 8.D.1.b n 0 N O N 0 N 0 U U Cd "d N U U U C vi ' o O Cn W o ° U '° • ° N O~ > �O b4 .� cd ++ R. 4., o o ° 40, as +, Cd a U) ° o O aj U vUi � O > U W . ,� U �••� U i--t V) Packet Pg. 123 8.D.1.b n O N O N Ln O N X 0O ., 7S U o Cn d o ai Cd a�i 0 �tn Cd ° o cad O C14Cd cd rd ^ U O 'b ai U U Q U U U 0 Cd O t O cd > En Q" w'> 1-4 w x0 x w a Packet Pg. 124 8.D.1.b 0 N O N O N I a ) O c13 U O •� U � N > ~ a � � U �+ Cd U 4b o d U Cd Cd o o O u v 3 v Ln (U �i Q Q) = va O U O U 00 Cn V/ h Packet Pg. 125 8.D.1.b PH r r I 0 N O N �C X x �C I ` I 1 X O 'b b!) +U-' 0 � o o � Cd Cd U o �' CdCl U U ° U v] U o 0 U U44� U Q. U �i P: a �, 00 Packet Pg. 126 8.D.1.b N W AC C x X x x X O 0O � 'd � Cd v cd � N H O U O N N QO N 2 � Cl) -+� V O Cd (� U V) 0 un _y v O a� .� El O .O • � � 'fl 'C3 O cd � � 'd � N � y U ., r 42 Cl O U -4 °� V) Ln O it r4~ Cd � ~ a N Oa U U Cd -V) Cl t" + A @ V) W O tC R� s Q141 H H H H N H H Packet Pg. 127 8.D.1.b U U c� U a� 0 Cd a� V Ci v U y b!} 0 'r • Av N 4t U O O N O N X x x X x X O ;L. cd O75 O U Ob °o b ° o~ v a o a� o 0 (U ° w o O Q. w a. o � U b v 40, ,�UO b Cd o a D +' OK bA td O O tt3 En O w •-� N M � V'1 �D l� 00 C% UD V) Cx C% CU% ull Packet Pg. 128 8.D.1.b x X y O d' bA t#� p p 0 tO03 U Lit €. ;n v V) U �O bJ} to cd c� U cd � H H H H a Packet Pg. 129 8.D.1.b n 0 N O N O N • Lv x cn N 4-4 O O UCd (U 4y a O J �+ � cd 'b � � O �' -d U � • O Ln V) `� U ° 1-04 � O � w � •-+ N M d Ln �D C% V) F•+ E-+ H F-t E� H 0 Packet Pg. 130 8.D.1.b 0 U O an 0 0 U N N 7 O 9 a� U N U 0 U N N by U N O U 0 N 0 N O N aU+ U U C w v � � N rn N 'C7 o U o Cd n O O O Cd +JCd O +� as O 'd bJ� Q w Q Packet Pg. 131 8.D.1.b n 0 N O N O N 'C O U bA `� 03 vi U 'b U C4 W O U CA o '� �, ob U U 4-4 +� ol y � U t-q .0 O 03 .C�3 ° Ci 3 4 � o o a °? 3 o C4 Cu 03 W 00 � F-� H H H H E-•a H H Packet Pg. 132 8.D.1.b x x x X X 0 U o > o I to ° N '' IO, C0 DO O C6 "C O U GnCd Q �i ✓ �r 0 U Otb � o cH W r" 4 c� a� C/) C) O Co O N d V a) U) 4- 0 c IL c c Q r r Q Packet Pg. 133 8.D.1.b O N O N I M RLi U U U 0 0 0 p rUn U bl) c� to V�+ C �b Ln o UO u al o .� U � U td CC ram-' U b�A O N v U O OU OU U cd �' O 7� V) �i O ° o N M Lr) l� H H H H H H H Packet Pg. 134 8.D.1.b n 0 N O N m � N O O U U O cd c° o o cis Ni Cd N (+O.Cd — *, +' p Cd M. O (y un �. Cd Cd' �O Q, ¢, Cd O v m Cd V ,c> Cd m C.)O MCd 'd Cd OU U 'O O N o a} U '~ o > bA -- u CV) CC/) COP) 00.0 CV) U) V� H H H H H H H Packet Pg. 135 8.D.1.b M A-1 10 u M W U 0 O N O N r� v ►u X X pU O U Cd Cl U 4, V03 an r� O bIl U d vi 40 O tti rli Cd 71 U cd U U '� ---4 Cd p Ri 0.4 o o o "r ti Packet Pg. 136 8.D.1.b O +' 0 Cd O y0 vi En 0 ;z Cd y 4 Gd r.r U v V) O O CO) N O '� v] � • � p N � U o � 42 b G� � U) 0 bCj.. cC 7S o O > O N o03 U � 0,0 [— oo rn o ~ ~ ~ N ~ QO � GO QO CIO GO r Q Packet Pg. 137 8.D.1.b 11 'd 88 'd vi rn � U 4-a os 0 C o a) Cri bA -O 1-4 fA Cd Co o Cd a � ° 00 H �r-•� C-+ H H H H H 00 a Packet Pg. 138 8.D.2 ITEM NO. RES-2015-149 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: Resolution - SHIP Program Income BACKGROUND: DATE: 09/01/2015 *CONSENT AGENDA\COMMUNITY SERVICES The Florida Housing Finance Corporation (FHFC) administers the State SHIP Program which provides funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multi -family housing. The program was designed to serve very -low, low and moderate income families. In December of 2013, St. Lucie County received $40,000 in program income from the repayment of a loan. Due to a scrivener's error, these funds were included in the FY15 budget for fund 185014. At this time, it is necessary the funds be reallocated to 185013. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Since these program income funds were not anticipated in FY 2015 budget, funding is not appropriated in the FY 2015 adopted budget; therefore, a budget needs to be established to expend these funds. Funds will be made available in the SHIP Grant Fund (185013-5420-369930-500). RECOMMENDATION: Staff recommends Board approval of the Resolution and authorization for the Chair to sign documents as approved by the County Attorney. [fue ►] Til►�ifi;1-[9P►I_Ts"191 F Packet Pg. 139 Coordination/Signatures 6yd2er, Community Services Dir r 8/19/2015 Danie 5. McIntyre, Cgifinty ttorney 8/21/2015 Updated: 8/21/2015 5:10 PM by Diana Wesloski Page 2 Packet Pg. 140 RESOLUTION WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from Program Income in the amount of $40,000 for the Community Services SHIP Program. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 1st day of September, 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 185013-5420-369930-500 Program Income $40,000 APPROPRIATIONS 185013-5420-549605-500 Rehab Expenditures $40,000 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 1ST DAY OF SEPTEMBER 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 141 ITEM NO. (ID # 3031) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Matt Baum, Fairwinds Golf Course Manager Parks & Special Facilities Division "Waggin' It for TJ and MY' Dog Walk DATE: 09/01/2015 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES The Andrew Schmeer Foundation would like to use the Savannas Recreation Area Dog Park to hold a leisurely community dog walk on Saturday, September 12, 2015 from 4:00 p.m. to 6:00 p.m. The foundation is a registered 501(c)(3), and the organization and event meet the requirements of the St. Lucie County Facility Use Policy for fee waivers. The "Waggin' It for TJ and MY' event is a chance for dog lovers to get active with their pets while raising money for a good cause. Profits from this event will provide scholarships and help fund research on Addison's disease, a health issue among our K9 friends. This walk will be a great opportunity to socialize and raise money, while gathering information from local pet supporters. The foundation would like to hold a Pet Expo within the event and ask area veterinarians, pet stores, animal rescue groups and pet services to participate. Everyone will be encouraged to take their companion on a paw friendly (non -paved) dog route and end up at the Expo. This will be an exciting opportunity for people to get out with their beloved pets, get exercise and raise money for much needed scholarships and research. The foundation is requesting that the facility rental fee of $79.88 be waived for this event, as all funds raised will be used for scholarships and research. PREVIOUS ACTION: N/A FINANCIAL IMPACT: If the fee waiver is approved, the County will forego $79.88 in facility use fees. RECOMMENDATION: Staff recommends Board approval to waive the facility rental fee of $79.88 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Packet Pg. 142 COMMISSION ACTION: Coordination/Signatures Edward Matthews, Park , Recreatio Facilities Direct�F24/2015 s 4aJe/SAMcIntyre, C my ttorney 8/24/2015 Updated: 8/20/2015 3:02 PM by Donna Calise Page 2 Packet Pg. 143 St. Lucie County Savannas 1400 E. Midway Rd. Ft. Pierce, FI. 34982 772-464-7855 Date: July 27, 2015 Wendy Clark, Campground Coordinator Event: Waggin It for TJ and MJ Event Date Contact Name: Donna Haynes 9/12/2015 Address: Telephone: 772-528-1523 ;c Fax: Email Address: a, ESTIMATE OF FEES: 0 Facility Rental: Fees Dog Park $100.00 25% Local Non -Profit Discount -$25.00 H Total Facility Rental Fees L 0 r $75.00 c Personnel: Custodian 20 hours @ $18.00/hour $0.00 Event Specialist 2 hours @ $25/hour $50.00 Total Estimated Personnel Fees $50.00 M O M a+ N W d d LL C ca H L 0 TOTAL PRETAX FEES $125.00 = Sales Tax 6.5% $4.88 c TOTAL FEES $129.88 Requested Waiver $79.88 c m E t 0 r TOTAL FEES DUE $50.00 Q Prepared By: Wendy Clark Lessee Initials Packet Pg. 144 Q Packet Pg. 145 Q Packet Pg. 146 r M O M a+ N LLI d d LL a Packet Pg. 147 ITEM NO. RES-2015-150 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Don West, Public Works Director Public Works DATE: 09/01/2015 *CONSENT AGENDA\PUBLIC WORKS Budget Resolution 2015-119 - Paradise Park System 4 - Phase 5 Stormwater Retrofit - Scrivener Error Correction On July 21, 2015 - The Board approved budget resolution 2015-119 for the Paradise Park System 4 - Phase 5 Stormwater Retrofit project. Due to scrivener error, the attached resolution has to be amended to reflect the fund change from federal to state agency funding and correction made to the contract document by the Florida Department of Environmental Protection (FDEP). PREVIOUS ACTION: April 23, 2014 - Administrative approval to submit a grant application to the Florida Department of Environmental Protection. July 21, 2015 - Board Approval of Budget Resolution 2015-119 FINANCIAL IMPACT: Amendment Paradise Park System 4 — Phase 5 Stormwater Retrofit Grant (102300-3725-334391-103608). RECOMMENDATION: Staff recommends Board approval of an amendment to Budget Resolution 2015-119 for the Paradise Park System 4 - Phase 5 Stormwater Retrofit due to scrivener error. COMMISSION ACTION: Packet Pg. 148 Coordination/Signatures V xnllrz,. whael Powley, ounty Enginee �T 8/18/2015 Danie 5. McIntyre, Cgifinty ttorney 8/19/2015 Updated: 8/24/2015 4:07 PM by Donna Calise Page 2 Packet Pg. 149 8.F.1 DEP AGREEMENT NO. S0820 STATE OF FLORIDA GRANT AGREEMENT PURSUANT TO LINE ITEM 1668A OF THE 2014-2015 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department') and the ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 (hereinafter referred to as "Grantee"), a local government, to provide financial assistance for the Paradise Park Stormwater Project Phase. In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee", and "Recipient" are used interchangeably. This Agreement shall begin upon execution by both parties and remain in effect for a period of twenty-four (24) months, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $304,448.48. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of deliverables identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A final payment request should be submitted to the Department no later than sixty (60) days following the completion date of the Agreement, to assure the availability of funds for payment. C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such fuunds to the Department within thirty (30) DEP Agreement No. S0820, Page 1 of 8 Packet Pg. 150 days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. b. The Grantee may request approval from the Department to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed price amount, the Grantee may proceed in finalizing the fixed price subcontract. C. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. D. In addition to the invoicing requirements contained in paragraphs 3.B. and C. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www,fldfs.com/aadir/reference`/`5FP-uide. E. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by - program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the DEP Agreement No. S0820, Page 2 of 8 Packet Pg. 151 8.F.1 Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. Final payment, of up to ten (10) percent of the total Agreement amount identified in paragraph 3.A., may be withheld until all work is completed, all deliverables have been submitted, match requirements have been met and the Final Project Report has been received and approved. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re -perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPS must be able to be implemented and performed in no more than sixty (60) days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this DEP Agreement No. S0820, Page 3 of 8 Packet Pg. 152 8.F.1 Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. 9. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1)(a), Florida Statutes. 10. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 11. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:Hgpps.Rdfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 12. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed DEP Agreement No. S0820, Page 4 of 8 Packet Pg. 153 8.F.1 by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 13. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 14. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 15. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses below. 16. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this Agreement is identified below. Susan Leitholf Florida Department of Environmental Protection Florida Coastal Office 3900 Commonwealth Blvd., MS#235 Tallahassee, Florida 32399 Telephone No.: (850) 245-2953 E-mail Address: Susan. leitholf dep.state.fl.us 17. The Grantee's Grant Manager for this Agreement is identified below. Lori Rocky St. Lucie County Board of County Commission 2300 Virginia Avenue Fort Pierce, Florida 34982 Telephone No.: (772) 462-1485 Fax No.: (772) 462-2362 E-mail Address: rockyl@stlucieco.org 18. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee DEP Agreement No. S0820, Page 5 of 8 Packet Pg. 154 8.F.1 shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 19. A. The Grantee shall secure and maintain Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual's claim and $300,000 each occurrence. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the Grantee or anyone directly or indirectly employed by him. B. The Grantee shall secure and maintain Commercial Automobile Liability insurance for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or by anyone directly, or indirectly employed by him. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if applicable $300,000 Hired and Non -owned Liability Coverage C. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) days written notice (with the exception of non-payment of premium which requires a 10 day notice) to the Department's Procurement Administrator. 20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 21. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 22. The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 24. Land acquisition is not authorized under the terms of this Agreement. 25. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner DEP Agreement No. 50820, Page 6 of 8 Packet Pg. 155 8.F.1 as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 26. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0820, Page 7 of 8 Packet Pg. 156 8.F.1 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By / VMTifle7. ej;�ff Date: 3 A a 1, Q o STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: t&A' ko�4- Secr6ary 9 esignee Date: 11311 J usan Leitholf, DEP Grant Vanager 6% muu wt-- DEP Contracts Administrator Approved as to form and legality: DEP Attorney *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan (2 Pages) Attachment B Payment Request Summary Form (2 Pages) Attachment C Contract Payment Requirements 0 Page) Attachment D Progress Report Form (1 Page) Attachment E Special Audit Requirements (5 Pages) DEP Agreement No. 50820, Page 8 of 8 Packet Pg. 157 8.F.1 ATTACHMENT A GRANT WORK PLAN Project Title: Paradise Park Stormwater Project Phase 5 — System 4 Project Location: Paradise Park is an approximately 168 acre residential subdivision located in Ft. Pierce between two drainage canals: South Florida Water Management District (SFWMD) Canal 25 and Ft. Pierce Farms Water Control District (FPFWCD) Canal 1 within the St. Lucie/Loxahatchee Watershed Basin, WBID 3163, hydrologic unit code 03080203. Project Background: Paradise Park was developed in the 1960's before State water quality regulations were developed, and has dirt roads, poor storm water conveyances and a lack of storm water treatment. During rain events untreated stormwater outfalls directly into these canals. Both canals drain into Taylor Creek which the drains into the Indian River Lagoon approximately one- quarter mile away. Water quality of the runoff from the untreated areas is poor and contains debris, sediment and contaminants such as oil, grease, fertilizers and pesticides, which are being deposited into St Lucie County's natural surface water bodies, most notably the Indian River Lagoon which is already undergoing major dredging to remove all of the above contaminants and silt deposits. These pollutants have been determined to be detrimental to the health of the area's natural resources including the Lagoon. The Paradise Park paving and drainage retrofit project began almost 10 years ago. In that time the Grantee has constructed three of the five phases using County drainage crews and St. Lucie River Issues Team (SLRIT) Funding. Phase I was completed Spring 2007, Phase 2 was completed Summer 2010, and Phase 3 was completed Spring 2013. Grantee has elected to delay Phase 4 of the project and will implement Phase 5 — System 4 for this funding request. The need for this project is identified in the Indian River Lagoon National Estuary Program's Comprehensive Conservation and Management Plan, the Department of Environmental Protection Surface Water Improvement and Management Plan, and the Comprehensive Everglades Restoration Plan, St Lucie County Storm Water Master Plan, St. Lucie County Five Year Capital Plan and St. Lucie County Local Mitigation Strategy. Project Description: The primary purpose of the project is surface water restoration to reduce freshwater and pollutants discharge into the Indian River Lagoon fi•om this 52 acre phase of the Paradise Park paving and drainage retrofit. Task 1: Construction Ten (10) interconnected dry detention ponds with two (2) drainage outfalls to Taylor Creek will be constructed to treat and attenuate stormwater discharges. Six (6) dirt roads totaling 1.5 miles will be paved and 97 dirt driveways will be stabilized with concrete driveway aprons within the road right of ways. Roadside grass swales will be constructed on both sides of the roads to collect, treat, and convey runoff to the dry detention ponds. The swales and dry detention ponds will be interconnected between the existing roads and driveways with approximately 6,000 feet of storm drains and 65 drainage structures. The primary construction will be performed by the Water Quality and Road & Bridge Divisions of the St. Lucie County Public Works Department. The Department has years of experience constructing similar projects and is currently completing stormwater improvement projects in White City in Ft. Pierce. Public Works personnel will construct temporary erosion and sediment controls; perform clearing and grading; construct ten (10) dry detention ponds; and construct roadside swales and storm drainage improvements. Last, roadway paving, concrete driveway apron construction and site stabilization will construct temporary erosion and sediment controls. A construction certification and complete as -built drawings for the project as required by the regulatory permits are the criteria to determine success. Deliverable: Temporary erosion and sediment controls, clearing and grading, 10 dry detention ponds, and roadside swales and storm drainage improvements constructed as described in this task, as evidenced by: Dated color photographs of the construction site(s) prior to, during, and immediately following completion of the construction task; Certified as -built drawings; Signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the design; and, Signed acceptance of the completed project by the Grantee. DEP Agreement No. S0820, Attachment A, Page 1 of 2 Packet Pg. 158 8.F.1 Performance Standard: The Department Grant Manager will review the photographs and certification of completion for all components by the Grantee's project certified engineer to verify that construction has been completed for all components in accordance with the approved plans. Timeline: October 2015 — December 2017. Contractual: Construction is estimated at $1,304,448.48 of which a maximum of $304,448.48 will be reimbursed through this Agreement and the remaining amount will be expended by the Grantee. Total Budget by Task and Deliverables: Task i DEP Funding Contractual 304,448.48 Total: 304,448.48 The FY2014-15 GAA did not require a match for these projects. DEP Agreement No. 50820, Attachment A, Page 2 of 2 Packet Pg. 159 8.F.1 Grantee: Mailing Address: DEP Agreement No.: Date Of Request: Task/Deliverable Amount Requested:$ ATTACHMENT B PAYMENT REQUEST SUMMARY FORM S0820 Grantee's Grant Manager: Payment Request No.: Performance Period: Task/Deliverable No.. GRANT EXPENDITURES SUMMARY SECTION h;ttective Date of Grant thrnnuh F.nd-of-Grant Perind] CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST TOTAL CUMULATIVE PAYMENT REQUESTS MATCHING FUNDS TOTAL CUMULATIVE MATCHING FUNDS Salaries $N/A $N/A $N/A $N/A Fringe Benefits $N/A $N/A $N/A $N/A Travel (if authorized) $N/A $N/A $N/A $N/A Subcontracting: $ $ $N/A $N/A Contractual $ $ $N/A $N/A Equipment Purchases $N/A $N/A $N/A $N/A Supplies/Other Expenses $N/A $N/A $N/A $N/A Land $N/A $N/A $N/A $N/A Indirect $N/A $N/A $N/A $N/A TOTAL AMOUNT $ $ $N/A $N/A TOTAL TASK/DELIVERABLE BUDGET AMOUNT $ $N/A Less Total Cumulative Payment Requests of: $ $N/A TOTAL REMAINING IN TASK $ $N/A GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited gran Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Telephone Number Print Name Telephone Number acttvitie S. DEP Agreement No. S0820, Attachment B, Page I of 2 Packet Pg. 160 8.F.1 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE OF REQUEST: This is the date you are submitting the request. TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK/DELIVERABLE BUDGET AMOUNT" line for the "AMOUNT OF THIS REQUEST" column. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the "TOTAL TASK BUDGET AMOUNT" for the amount to enter on the "TOTAL REMAINING IN TASK" line. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "TOTAL TASK BUDGET AMOUNT" line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT" for the amount to enter on the "TOTAL REMAINING IN TASK" line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTES: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. DEP Agreement No. S0820, Attachment B, Page 2 of 2 Packet Pg. 161 ATTACHMENT C 8.F.1 Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference guide.htm DEP Agreement No. S0820, Attachment C, Page 1 of 1 Packet Pg. 162 8.F.1 ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: S0820 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. S0820 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date DEP Agreement No. S0820, Attachment D, Page t of 1 Packet Pg. 163 8.F.1 ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "UDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-] 33, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. F.11111WI PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-] 33, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cf la/cfda.html. DEP Agreement No. S0820, Attachment E, Page 1 of 5 Packet Pg. 164 8.F.1 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph l; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at haps::at)ps.Ildfs_com!Isaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http:ir�v\vw.lc�,,.state.fl.usi' elcomerindex.cfin, State of Florida's website at http:'.'www.inyllorida.comi, Department of Financial Services' Website at httu:irwww.11dls.com and the Auditor General's Website at httR: iww\v.state.11.us'audzen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the Stale awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict ivith other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State mi,arding agency must arrange for finding thefill rll cost of stich additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP Agreement No. S0820, Attachment E, Page 2 of 5 Packet Pg. 165 8.F.1 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleALid it(a dcp.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at htti):, harvester.census.,ovrfici C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSin�,leAuditta;dep.state. fl.us Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSinuleAudiyi?dep.state. tLus DEP Agreement No. S0820, Attachment E, Page 3 of 5 Packet Pg. 166 8.F.1 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSin(-,leALid iyii:dep.state. 11.us Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years fi•om the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0820, Attachment E, Page 4 of 5 Packet Pg. 167 8.F.1 c 0 U •� O o �U a. Q C O 0 Q bn C c 7 w C o a� Gi F" Q o U 0 U C d d L Q 0 y., L Q F �z 7 a O d V V d � o bq Q ^o d ^o � 3 w Q d sue.. 0 0 N a � L O bA i~ o 0 w c O Y •Z! 0 C0 o C� a- U Q E CC L. tu O L a � O o ice. Q d bA Grr L 4° w U O O d a C y., cO a o F fso. Q � Q U 0 w C O U C v E d d b d � Q eoe w U 0 L 7 Or a d V d a T b o � N L ca w 3 Q d u L O O W � (13 j bA E y y O O w a Z c O U .L O -,I- ¢ 0 O L O n. Q � O O vi E 't N Q 00 C bA d o `n � w � Q Y V V .O � C o U � � U bi o 3'0 oV) �a _ U ' N w bh cis 3 o � +r a YCz C O U V) E U Z r� L Q L C y (y N L 7 0. a U C � w 3 � 0 d v L a Yd by E bA N C/) OL O '% Z o Q Packet Pg. 168 8.F.2 RESOLUTION WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the St. of FL Dept. of Environmental Protection as a Stormwater Grant Agreement, in the amount of $304,449. This revised resolution is to amend resolution No. 2015-119 for a Scrivener Error. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 1st Day of September, 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 102300-3725-334391-103608 FL Environmental Protection $304,449 APPROPRIATIONS 102300-3725-563000-103608 Infrastructure $304,449 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 1st DAY OF SEPTEMBER 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 169 8.G.1 ITEM NO. RES-2015-151 DATE: 09/01/2015 AGENDA REQUEST *CONSENT AGENDA\TRANSPORTATION PLANNING ORGANIZATION TO: Board of County Commissioners PRESENTED BY: Peter Buchwald, Executive Director SUBMITTED BY: Transportation Planning Organization SUBJECT: Approval of Florida Commission for the Transportation Disadvantaged (TD) Planning Grant for FY 2015 BACKGROUND: The St. Lucie Transportation Planning Organization (TPO) has received notification of funding from Florida Commission for the Transportation Disadvantaged (TD) for planning funds in the amount of $24,889. These funds were budgeted in the second year of the TPO Unified Planning Work Program (UPWP) for FY 2015/2016. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Since these Grant funds were not anticipated in FY 2015 funding, funding is not appropriated in the FY 2015 adopted budget, therefore, a budget needs to be established to expend these funds. Matching funds are not required. Funds will be made available in the Transporation Disadvantaged (TD) Planning Grant Fund (001460-1540-334491-100). RECOMMENDATION: Staff recommends Board approval of a Budget Resolution, and authorization for the Chair to sign documents as approved by the County Attorney's office in the amount of $24,889.00 to amend the County budget for receipt of Transportation Disadvantaged (TD) funds on behalf of the St. Lucie TPO. COMMISSION ACTION: Packet Pg. 170 8.G.1 Coordination/Signatures anie 5. McIntyre, C my ttorney 8/20/2015 Updated: 8/27/2015 10:26 AM by Donna Calise Page 2 Packet Pg. 171 i 8.G.1.a s SAMAS Approp: 108846 Fund: TDTF FM/Job No(s) 43202911401 SAMAS Obj.: 7750075 Function: 035 CSFA No. 55.002 Org Code: 55 12 00 00 952 Contract No.: Vendor No.: 59-6000835-011 FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED o PLANNING GRANT AGREEMENT LO THIS AGREEMENT, made and entered into this day of , 2015 by and between the Lh STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DI VANTAGED, created pursuant N to Chapter 427, Florida Statutes, hereinafter called the Commission and St Lucie Metropolitan Planning w Organization dba St.Lucie TPO 2300 Virginia Avenue Fort Pierce Florida 34982 hereinafter called the W Grantee. WITNESSETH: WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to carry out responsibilities of the Commission which includes the function of the Designated Official Planning Agency and other responsibilities identified in Chapter 427, Florida Statutes or rules thereof; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to: Provide financial assistance to accomplish the duties and responsibilities of the Official Planning Agency as set forth in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, and the Fiscal Year 2015-16 Program Manual for Transportation Disadvantaged Planning Related Services; and as further described in this Agreement and in Exhibit(s) _ A, B, C, _D attached hereto and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to provide financial assistance to the Grantee and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. 2.00 Accomplishment of the Project: 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal,. State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. TD Planning Grant Agreement Form Rev. 5/10/15 Page 1 of 23 Packet Pg. 172 8.G.1.a 2.30 Funds of the Agency: The Grantee will use its best efforts to enable the Grantee to provide the necessary funds for the completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The ca Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial and operational documents or products relating to the Project as the Commission U- may require as provided by law, rule or under this agreement. Failure by the Grantee to provide such documents, or provide documents or products required by previous agreements between � . the Commission and the Grantee, may, at the Commission's discretion, result in refusal to 0 reimburse project funds or other permissible sanctions against the Grantee, including N Cn termination. W 2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and provisions of Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, and the Fiscal Year 2015-16 Planning Grant Program Manual. 3.00 Total Project Cost: The total estimated cost of the Project is $ 24,889.00. This amount is based upon the budget summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of $ 24.889.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B", whichever is less. 4.10 Eligible Costs: Planning Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to undertake planning activities. 4.20 Eligible Project Expenditures: Project expenditures eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 17.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available; and d) Submission of all certifications, invoices, detailed supporting documents or other obligating documents and all other terms of this agreement. 4.30 Front End Funding: Front end funding is not applicable. 5.00 Retainage: Retainage is not applicable. TD Planning Grant Agreement Form Rev. 5/10/15 Page 2 of 23 Packet Pg. 173 8.G.1.a 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project o Budget, as set forth in Exhibit "B", carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the LO Project. The budget may be revised periodically; but no budget revision shall be effective unless Lh it complies with fund participation requirements established in Article 4.00 of this Agreement and N is approved in writing by the Commission. Any budget revision which changes the fund w participation requirements established in Article 4.00 of this agreement shall not be effective W unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. 6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit "B". This schedule shall show disbursement of Commission funds for the entire term of the Project by month or quarter of the fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Commission. Any deviation from the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B". 7.00 Accounting Records, Audits and Insurance: 7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the financing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such financing accounts are referred to herein collectively as the "Project Account". The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years; the records shall be retained until resolution of the audit findings. 7.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds". The Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the deposit of TD Planning Grant Agreement Form Rev. 5/10115 Page 3 of 23 Packet Pg. 174 • 8.G.1.a Project funds by the Commission, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State law for the security of public funds, or as approved by the ca Commission. o U_ 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account all LO eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to 0 actions which have not met the other requirements of this Agreement, shall not be considered v LU eligible costs. 7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged to the Project shall be supported by detailed supporting documentation evidencing in proper E detail the nature and propriety of the charges. The Grantee shall provide sufficient detailed documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the tasks accomplished or deliverables completed in acceptable form to the Commission were those which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Financial Services. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, within the Grantees existing accounting system, and, to the extent feasible, kept separate. and apart from all other such documents. 7.60 Audits: 1. The administration of resources awarded through the Commission to the Grantee by this Agreement may be subject to audits and/or monitoring by the Commission and the Department of Transportation (Department). The following requirements do not limit the authority of the Commission or the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Grantee shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Grantee's use of state financial assistance may include but not be limited to on -site visits by Commission and/or Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Commission by this Agreement. By entering into this Agreement, the Grantee agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the TD Planning Grant Agreement Form Rev. 5/10/15 Page 4 of 23 Packet Pg. 175 8.G.1.a Commission and/or the Department. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Commission, the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Grantee a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded by the Commission through this Agreement is subject to the following requirements: i. In the event the Grantee meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Grantee must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit C to this Agreement indicates state financial assistance awarded through the Commission by this Agreement needed by the Grantee to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Commission by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. iii. In the event the Grantee does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Grantee is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Grantee must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Grantee's audit period for each applicable audit year. In the event the Grantee does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Grantee's resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other than State entities). TD Planning Grant Agreement Page 5 of Z3 Form Rev. 5/10/15 ca 0 LL LO r 0 N . Cn w W Packet Pg. 176 iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: o U_ Florida Department of Transportation LO Office of Comptroller, MS 24 Lh 605 Suwannee Street N Tallahassee, FL 32399-0405 vn Email: FDOTSingleAudit@dot.state.fl.us LU W And State of Florida Auditor General Local Government Audits/342 111 West Madison Street; Room 401 Tallahassee, FL 32399-1450 Email: flaudgen_localgovt@aud.state.fl.us V. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. vi. The Grantee, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Grantee in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Grantee's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Commission by this Agreement. If the Grantee fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Commission and/or the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Grantee shall permit the Commission, the Department, or its designee, DFS or the Auditor General access to the Grantee's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. C. The Grantee shall retain sufficient records demonstrating its compliance with the TD Planning Grant Agreement Form Rev. 5/10/15 Page 6 of 23 Packet Pg. 177 i 8.G.1.a terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Commission, the Department, or its designee, DFS or the ca Auditor General access to such records upon request. The Grantee shall ensure that the o audit working papers are made available to the Commission, the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the LO date the audit report is issued unless extended in writing by the Commission and/or the Lh Department. N 8.00 Requisitions and Payments: vn LU W 8.10 Preliminary Action by the Grantee: In order to obtain any Commission funds, the Grantee shall: 8.11 File with the Commission for the Transportation Disadvantaged.. 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450 its requisition on form or forms prescribed by the Commission, and such other data pertaining to the Project Account and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to justify and support the payment requisitions, invoices, and vouchers, as specified in the Commission's Grant Agreement/Contract Invoicing Procedures. 8.12 Grantee certifies, under penalty of perjury, that the Agency will comply with the provisions of the Agreement and that all invoices and support documentation will be true and correct. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this agreement to ensure the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the Project Account if: 8.21 Misrepresentation: The Grantee has made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document of data or certification furnished therewith or pursuant hereto; 8.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; 8.23 Required Submittals/Certifications: The Grantee has failed or refused to provide to the Commission detailed documentation of requisitions or certifications of actions taken; 8.24 Conflict of interests: There has been any violation of the conflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 8.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or TD Planning Grant Agreement Form Rev. 5/10/15 Page 7 of 23 Packet Pg. 178 8.G.1.a 8.26 Supplanting of Funds. The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation o of Chapter 427, Florida Statutes. `` LO 8.30 Disallowed Costs: In determining the amount of the Grantee's payment, the Lh Commission will exclude all costs incurred by the Grantee prior to the effective date of this N Agreement, costs which are not provided for in the latest approved budget for the Project, costs w which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment or services received under a contract or other arrangements which have not been approved in writing :by the Commission or certified by the Grantee, pursuant to Exhibit "C". L 8.40 Invoices for Goods or Services Invoices for goods or services or expenses provided or incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds, will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, Rules 3A-24, 41-2, and 60A-1 Florida Administrative Code, and the Program Manual for Planning Related Services is met. The Commission shall pay the Grantee for the satisfactory performance of each task as outlined in Exhibit "A." 8.60 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or .for work or services performed pursuant to this agreement, the Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20 hereof, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the Grantee, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Commission may terminate any or all of its obligations under this Agreement. TD Planning Grant Agreement Form Rev. 5/10/15 Page 8 of 23 Packet Pg. 179 8.G.1.a 9.20 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this Section, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary o action to terminate or suspend, as the case may be, Project activities and contracts and such `` other action as may be required or desirable to keep to the minimum the costs upon the basis LO of which the financing is to be computed; (2) furnish a statement of the project activities and r contracts, and other undertakings the cost of which are otherwise includable as Project costs; N and (3) remit to the Commission such portion of the financing and any advance payment w previously received as is determined by the Commission to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, L plan, and budget within a reasonable time. The acceptance of a remittance by the Grantee shall a not constitute a waiver of any claim which the Commission may otherwise have arising out of cu this Agreement. 9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement for refusal by the agency or its contractors to allow public access to all documents, papers, letters, records, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion and after financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of any unexpended balance in the Project Account. 11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, deliverables, records; and to audit the books, records and accounts pertaining to the financing and development of the Project at all reasonable times including upon completion of the Project, and without notice. 12.00 Contracts of the Grantee: 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in 'any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. The Grantee agrees, that by entering into this Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance with this section. TD Planning Grant Agreement Form Rev. 5110/15 Page 9 of 23 Packet Pg. 180 8.G.1.a 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Commission in a project with the Grantee, CO where said project involves a consultant contract for any services, is contingent on the Agency o complying in full with provisions of section 287.055, Florida Statutes, Consultants Competitive U- Negotiation Act. The Grantee shall certify compliance with this law to the Commission for each LO consultant contract it enters. r 0 12.30 Competitive Procurement: Procurement of all services or other commodities shall v LU comply with the provisions of section 287.057, Florida Statutes. Upon the Commission's request, the Grantee shall certify compliance with this law. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any Project, the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, disability, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: The Grantee will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation, the Regulations of the Federal Department of Justice, and the assurance by the Agency pursuant thereto. 13.30 Prohibited Interests: 13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee from any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. TD Manning Grant Agreement Form Rev. 5/10/15 Page 10 of 23 Packet Pg. 181 8.G.1.a 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which � an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be o personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work of this agreement or in the performance of any other work for which LO the Grantee is responsible. r 0 N 13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly w solicit or accept funds from any person who has, maintains, or seeks business relations with W the Grantee. 13.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement or termination, have or hold any employment or contractual relationship with any business entity in connection with any contract for contractual services which was within his or her responsibility while an employee. 13.35 Former Employees - Consulting Services: The sum of money paid to a former employee of the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this section shall not be applicable to any agreement between the Grantee and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its contractors or their sub -contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities Act, as it may be amended from time to time. TD Planning Grant Agreement Form Rev. 5/10115 Page 11 of 23 Packet Pg. 182 8.G.1.a 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. ca No Grantee may employ any person or organization with funds received pursuant to this o Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. ``. The "purpose of lobbying" includes, but is not limited to, salaries, travel expenses and per diem,LO the cost for publication and distribution of each publication used in lobbying; other printing; Lh media; advertising, including production costs; postage; entertainment; telephone; and N association dues. The provisions of this paragraph supplement the provisions of section 11.062, w Florida Statutes, which is incorporated by reference into this Agreement. W 13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any business with any person or affiliate on -the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes. The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting business with a person at the time of the commission of a public entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also not accept any bid from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 13.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of: 1. all new persons employed by the grantee during the term of the grant agreement to perform employment duties within Florida; and 2. all new persons, including subcontractors, assigned by the grantee to perform work pursuant to the contract with the Commission. The Commission shall consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. Refer to the U.S. Department of Homeland Security's website at xNww.dhs.ciov to learn more about E-Verify, 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Not applicable. 14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. TD Planning Grant Agreement Form Rev. 5/10/15 Page 12 of 23 Packet Pg. 183 8.G.1.a 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the ca Grantee, and the making of such payment by the Commission while any such breach or default o shall exist shall in no way impair or prejudice any right or remedy available to the Commission U- for such breach or default. LO 14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this o Agreement is held invalid, the provision shall be severable and the remainder of this Agreement v shall not be affected. In such an instance the remainder would then continue to conform to the LU terms and requirements of applicable law. 14.50 Bonus and Commissions: By execution of the Agreement the Grantee represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Grantee will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Agency to the end that the Grantee may proceed as soon as possible with the Project. 15.00 Plans and Specifications: Not applicable. 16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend, save, and hold harmless the Commission and all their officers, agents or employees from all suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due to breach of the agreement by the Planning Agency or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or employees. Neither the Grantee nor any of its agents will be liable under this article for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of section 768.28 Florida Statutes, or any similar provision of law. Notwithstanding the foregoing, pursuant to section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's or any subcontractor's or other entity's negligence. TD Planning Grant Agreement Form Rev. 5/10/15 Page 13 of 23 Packet Pg. 184 8.G.1.a 17.00 Appropriation of Funds: 1.7.10 The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. If applicable, Grantee's performance of its o obligations under this Agreement is subject to an appropriation by the Grantee's Board of County U- Commissioners for the purposes set forth hereunder. The Commission acknowledges where the LO Grantee is a political subdivision of the State of Florida it is authorized to act in accordance with Lh the Grantee's purchasing ordinance(s), laws, rules and regulations. N vn LU 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June W 30, 2016. If the Grantee does not complete the Project within this time period, this agreement will expire. Expiration of this agreement will be considered termination of the Project and the procedure 0 established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by which all required tasks have been completed, a as provided in the project description (Exhibit "A"). Unless otherwise extended by the Commission, CU all reimbursement invoices must be received by the Commission no later than August 15, 2016, CD 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Vendors and Subcontractors Rights: Vendors (in this document identified as Grantee) providing goods and services to the Commission will receive payments in accordance with section 215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be for a period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty per day (as defined by Rule) will be due and payable, in addition to the invoice amount to the Grantee. The interest penalty provision applies after a thirty-five (35) day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests payment. Invoices which have to be returned to a Grantee because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in TD Planning Grant Agreement Form Rev. 5/10/15 Page 14 of 23 Packet Pg. 185 8.G.1.a obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850) 413-5516 or toll free (877) 693-5236. 21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party contract from the Grantee to a subcontractor for goods or services to be performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following statement: When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of 1 percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. 22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the Commission. TD Planning Grant Agreement Form Rev. 5/10/15 Page 15 of 23 ca 0 LL LO 0 N V7 W W Packet Pg. 186 8.G.1.a FM/JOB No(s). 43202911401 CONTRACT NO. P02— 0 M AGREEMENT DATE. % - U- r r Lh r IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and N year first above written. LU GRANTEE: ST. LUCIE METROPOLITAN COMMISSION FOR THE PLANNING ORGANIZATION DBA ST.LUCIE TRANSPORTATION DISADVANTAGED TPO TITLE: TPO Executive Director TD Planning Grant Agreement Form Rev. 5/10/15 BY: TITLE: Executive Director(Commission Designee) Page 16 of 23 Packet Pg. 187 FM JOB Nos . 43202911401 CONTRACT NO.7-620 AGREEMENT o DATE 4T l �� U- LO Lh EXHIBIT "A" o PROJECT DESCRIPTION AND RESPONSIBILITIES: v PLANNING This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation Disadvantaged and St. Lucie Metropolitan Planning Organization dba St.Lucie TPO 2300 Vioinia AvenueFort Pierce FI rida 34982. I. PROJECT LOCATION: St Lucie County(ies), II. PROJECT DESCRIPTION: This project provides for the accomplishment of the duties and responsibilities of the Designated Official Planning Agency as set forth in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies and the Fiscal Year 2015-16 Planning Grant Program Manual. The project period will begin on the date of this agreement and will end on the date indicated in Article 18.00 hereof. Specific required tasks are as follows. TASK 1: Weighted value= 17% Jointly develop and annually update the Transportation Disadvantaged Service Plan with the community transportation coordinator and the local coordinating board. Deliverable: Complete Transportation Disadvantaged Service Plan or annual updates. Due prior to the end of grant agreement period (June 30) and pursuant to the Commission's latest instructions for the Memorandum of Agreement and the Transportation Disadvantaged Service Plan. TASK 2: Weighted value= 15% A. When necessary and in cooperation with the local coordinating board, solicit and recommend a community transportation coordinator, in conformity with Chapters 287 and 427, Florida Statutes. Such recommendation shall be presented to the Commission by Planning Agency staff or their designee as needed OR B. Provide staff support to the local coordinating board in conducting an annual evaluation of the community transportation coordinator, including local developed standards as delineated in the adopted Transportation Disadvantaged Service Plan. Assist the Commission for the Transportation Disadvantaged in joint reviews of the community transportation coordinator. TD Planning Grant Agreement Form Rev. 5/10/15 Page 17 of 23 Packet Pg. 188 Deliverable: A. Planning Agency's CTC recommendation letter and signed resolution from the Planning Agency. O B. LCB and Planning Agency selected CTC evaluation worksheets pursuant to the most recent version U_ of the Commission's CTC Evaluation Workbook (at a minimum, addressing Competition, CostLO - Effectiveness and Efficiency, and Level of Coordination). Lh r O TASK 3: Weighted value= 40% v LU Organize and provide staff support and related resources for at least four (4) local coordinating board meetings per year, holding one meeting during each quarter. r LCB meetings will be held in accordance with the Commission's most recent Local Coordinating Board and Planning Agency Operating Guidelines and will include at least the following: a w 1. Agendas for local coordinating board meetings. Operator payments should be addressed as a L standard agenda item for each LCB meeting, where operators are utilized by the CTC to provide services. 2. Official minutes of local coordinating board meetings and committee meetings (regardless of a quorum). A copy will be submitted along with the quarterly report to the Commission. Minutes will at least be in the form of a brief summary of basic points, discussions, decisions, and recommendations. Records of all meetings shall be kept for at least five years. 3. A current full and active membership of voting and non -voting members to the local coordinating board. Any time there is a change in the membership, provide the Commission with a current membership roster and mailing list of local coordinating board members. 4. A report of the LCB membership's attendance at the last 4 consecutive LCB meetings (not committee's). Provide staff support for committees of the local coordinating board. Provide public notice of local coordinating board meetings in accordance with the most recent Local Coordinating Board and Planning Agency Operating Guidelines. Provide program orientation and training for newly appointed local coordinating board members. Deliverable: LCB Meeting agendas; minutes; membership roster; attendance report; public notice of meetings; training announcement and agenda. TASK 4: Weighted value=4% Provide at least one public hearing annually by each local coordinating board, and assist the Commission, as requested, in co -sponsoring public hearings. This public hearing must be held separately from the local coordinating board meeting. It may, however, be held on the same day as the scheduled local coordinating board meeting (immediately following or prior to the local coordinating board meeting). iD Planning Grant Agreement Form Rev. 5/10/15 Page 18 of 23 Packet Pg. 189 8.G.1.a ca Deliverable: Public Hearing agenda and minutes of related hearing only. The agenda and minutes should be o separate documents and should not be included in the local coordinating board meeting agenda and minutes, if held on the same day. Minutes may reflect " no comments received" if none were made. LO Lh TASK 5: Weighted value=4% N Develop and annually update by-laws for local coordinating board approval. w Deliverable: r Copy of LCB approved By -Laws with date of update noted on cover page. TASK 6: Weighted value=40/o Develop, annually update, and implement local coordinating board grievance procedures in accordance with the Commission's most recent Local Coordinating Board and Planning Agency Operating Guidelines. Procedures shall include a step within the local complaint and/or grievance procedure that advises a dissatisfied person about the Commission's Ombudsman Program. Deliverable: Copy of LCB approved Grievance Procedures with date of update noted on cover page. TASK 7: Weighted value=4% Review and comment on the Annual Operating Report for submittal to the local coordinating board, and forward comments/concerns to the Commission for the Transportation Disadvantaged. Deliverable: Cover Page of Annual Operating Report, signed by LCB Chair. TASK S• Weighted value=4% Research and complete the Actual Expenditures Report for direct federal and local government transportation funds to the Commission for the Transportation Disadvantaged no later than September 15th. Complete the Actual Expenditure Report, using the Commission approved forms. Deliverable: Completed Actual Expenditure Report in accordance with the most recent Commission's instructions TASK 9: Weighted value=4% Develop and provide the local coordinating board with quarterly progress reports of transportation disadvantaged planning accomplishments and planning contract deliverables as outlined in the planning grant agreement and any other activities related to the transportation disadvantaged program, including but not limited to, consultant contracts, special studies, and marketing efforts. Deliverable: Complete Quarterly Progress Reports submitted with invoices. TD Planning Grant Agreement Form Rev. 5/10/15 Page 19 of 23 Packet Pg. 190 . 8.G.1.a TASK 10: Weighted value=4% Planning Agency staff attend at least one Commission sponsored training, including but not limited ca to, the Commission's regional meetings, the Commission's annual training workshop, or other o sponsored training. `` LO Deliverable: Lh Documentation related to. attendance at such event(s). N vn III. Soecial considerations by_.Planning Agency:LU W Not Applicable IV. Special Considerations by Commission: Not Applicable Td Planning Grant Agreement Form Rev. 5/10/15 Page 20 of 23 Packet Pg. 191 8.G.1.a FM/10B NOW. 43202911401 CONTRACTNO.--(St)2-60 AGREEMENT DATE EXHIBIT Iraqi PROJECT BUDGET AND CASHFLOW This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and St. Lucie Metropolitan Planning Organization dba St.l.ude TPO. 2300 Virginia Avenue, Fort Pierce, Florida 34982. I. PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, and the Fiscal Year 2015-16 Planning Grant Program Manual. For the required services, compensation shall be the total maximum limiting amount of $ 24,882.00 for related planning services in St Lucie County(ies). Task 1 17% $4,231.13 Task 2 15% $3,733.35 Task 3 40% $9,955.60 Task 4 4% $995.56 Task 5 4% $995.56 Task 6 4% $995.56 Task 7 4% $995.56 Task 8 4% $995.56 Task 9 4% $995.56 Task 10 4% $995.56 TOTAL: 100% $24,889.00 II. SOURCE OF FUNDS Commission for the Transportation Disadvantaged State Funds (100%) $24,889.00 Total Project Cost $24,889.00 111. CASH FLOW — Not applicable. Grantee will be paid based on satisfactory performance of each task detailed in Exhibit A. Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June FY 15/16 TD Planning Grant Agreement Form Rev. 5/10/15 Page 21 of 23 ca LL LO 0 N v) w W Packet Pg. 192 8.G.1.a FM/JOB No(s). 43202911401 CONTRACT NO. AGREEMENT f DATE 11 EXHIBIT "C" PLANNING This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and St. Lucie Metro olitan Planning 0 anization dba St.Lude TPO 2300 Virginia Avenue, Fort Pierce Florida 34982. THE GRANTEE SHALL SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: DOCUMENTS: 1. Submit progress reports to the Commission quarterly. Finished products such as Coordinating Board minutes, by-laws, grievance procedure, consolidated estimate of Federal and Local government transportation disadvantaged funds, and the Transportation Disadvantaged Service Plan, shall be submitted to the Commission as they are completed. The progress reports and finished products are required to accompany, or to precede, all reimbursement invoices. Reports shall be submitted to: Florida Commission for the Transportation Disadvantaged Attn: Project Manager 605 Suwannee Street, MS 49 Tallahassee, Florida 32399-0450 THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10 except that written approval is hereby granted for: 1. Contracts furnishing contractual services or commodities from a valid State or inter- governmental contract as set forth in section 287.042(2), Florida Statutes. 2. Contracts furnishing contractual services or commodities for an amount less than Category II as set forth in section 287.107(1)(b), Florida Statutes. 3. Contracts for consultant services for an amount less than Category I as set forth in section 187.017(1)(a), Florida Statutes. TD Planning Grant Agreement Form Rev.5/10/15 Page 22 of 23 ca LL LO 0 N v) w W Packet Pg. 193 8.G.1.a FM JOB Nos . 43202911401 CONTRACT NO. 60 M AGREEMENT DATE %1 ,° r r Lh r EXHIBIT "D" N vn STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) W THESTATE- RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Commission for the Transportation Disadvantaged/Florida Department Awarding Agency: of Transportation State Project Title: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD) PLANNING GRANT PROGRAM CSFA Number: 55.002 *Award Amount: $24,889.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.002 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.asgx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.002 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx TD Planning Grant Agreement Form Rev. 5/10/15 St Lucie Page 23 of 23 Packet Pg. 194 8.G.2 ITEM NO. RES-2015-152 DATE: 09/01/2015 AGENDA REQUEST *CONSENT AGENDA\TRANSPORTATION PLANNING ORGANIZATION TO: Board of County Commissioners PRESENTED BY: Peter Buchwald, Executive Director SUBMITTED BY: Transportation Planning Organization SUBJECT: Approval of the Florida Safe Routes to School Program Award for FY15/16 BACKGROUND: The St. Lucie Transportation Planning Organization (TPO) has received notification of funding from the University of Florida for the Florida Safe Routes to School Program in the amount of $65,000.00. These funds were budgeted in the second year of the TPO Unified Planning Work Program (UPWP) for FY 2015/2016. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Since these grant funds were not anticipated in FY 2015, funding is not appropriated in the FY 2015 adopted budget. Therefore, a budget needs to be established to expend these funds. Matching funds are not required. Funds will be made available in the Florida Safe Routes to School Program Grant Fund (001571-1540-331491-100). RECOMMENDATION: Staff recommends Board approval and authorization for the Chair to sign as approved by the County Attorney a Budget Resolution in the amount of $65,000.00 to amend the County budget for receipt of Florida Safe Routes to School Program funds on behalf of the St. Lucie Transportation Planning Organization. Budget Resolution in the amount of $65,000.00 to amend the County budget for receipt of Florida Safe Routes to School Program funds on behalf of the St. Lucie Transportation Planning Organization. COMMISSION ACTION: Packet Pg. 195 8.G.2 Coordination/Signatures anie 5. McIntyre, C my ttorney 8/19/2015 Updated: 8/25/2015 1:52 PM by Donna Calise Page 2 Packet Pg. 196 8.G.2.a Research Subcontract No. UFDSP00010854 ("Subcontract") Under Florida Department of Transportation ("Prime Sponsor') Prime Contract No, BDV31 945-07 ("Prime Contract') With funding from US Department of Transportation ("Federal Sponsor) Contract No. BDV31 CFDA No. 20.205 This Subcontract is entered into between the Prime Contractor and Subcontractor named below for the performance of a portion of the Scope of Work originally awarded to the Prime Contractor. The parties agree to the following terms .and conditions: Prime Contractor ("Contractor") Subcontractor ("Subcontractor) Name: University of Florida Name: St. Lucie Transportation Planning Organization Address: Division of Sponsored Programs Address: 466 SW Port St. Lucie Blvd. 219 Grinter Hall Port St. Lucie FL 34953 Box115500 Gainesville FL 32611-5500 DUNS: 969663814 DUNS: Prime Contractor PI Name: Daniel Connau hton Subcontractor PI Name: Marceia Lathou Subcontract Period of Performance: Contract.Valuat $65;000:. Budget Period: From'..07/01115 Through:-06130116 Funding This Action: $65,000 Total Project Period: From:07101115 Through: 06130116. Total Funding to Date; $65.000 Anticipated Total Contract Value: Subcontract e: cost reimbursement Pro ectTitle: Florida Safe Routes to School Non -Infrastructure Program Management 1. Subcontractor's Work: Subcontractor shall supply all personnel, equipment, and materials necessary to accomplish the tasks set forth in Attachment 4, "Subcontractor Statement of Work and Reporting Requirements;' which is hereby made part of this Subcontract. 2. Limitation on Costs: Contractor is not liable for any cost in excess of the amount listed above as "Total Funding to Date' without prior written authorization from Prime Sponsor. Attachment 5, "Subcontractor's Budget;' is hereby made part of this Subcontract. 3. Payment: Contractor shall reimburse Subcontractor quarterly for allowable costs. All invoices shall be submitted using Subcontractor's standard invoice, but at a minimum shall include current and cumulative costs (including cost sharing), Subcontract number, and certification as to truth and accuracy of invoice. Invoices that do not reference Subcontract Number may be returned to Subcontractor. Invoices and questions concerning invoice receipt or payments should be directed to the appropriate party's Financial Contact as shown in Attachments 3A & 3B. All payments shall be considered provisional and subject to adjustment Within the total estimated cost in the event such adjustment is necessary as a result of an adverse audit finding against Subcontractor. Contractor reserves the right to reject an invoice. 4. Incorporation of Prime Contract: In the performance of Subcontractor's Work, all applicable terms and conditions or Attachment 6, "Prime Contract Terms and Conditions," are hereby made part of this Subcontract. 5. Incorporation of General Terms and Conditions: In the performance of Subcontractor's Work, all terms and conditions in Attachment 2, "General Terms and Conditions" wo hereby made part of this Subcontract. 6. Order of Precedence: Any inconsistencies in this Subcontract shalt be resolved by giving precedence in the following order: a. This Document and Attachment 1, "Representations and Certifications'; b. Attachment 2, "General Terms and Conditions'; c. Attachment 6, "Prime Contract Terms and Conditions'; d. Attachment 4, "Subcontractor Statement of Work and Reporting Requirements"; e. Attachment 5, "Subcontractor's Budget'; f. Other documents, exhibits, and attachments 7. Key Personnel: Subcontractor's Principal Investigator, Marceia Lathou, is considered essential to the work to be performed under this Subcontract. Substitution or substantial reduction in commitment of Subcontractor's Principal Investigator requires the prior written approval of Contractor. In the event that Subcontractor notifies Contractor that it desires to replace Subcontractor's Principal Investigator, Subcontractor shall notify Contractor in writing within 30 business days of the date of such replacement and shall propose a substitute principal investigator, identifying the proposed substitute in the notice. Contractor shall notify Subcontractor within 30 business days after receipt of such notice of its decision either to continue the Subcontract with the substitute principal investigator or to terminate the Subcontract. 8. Entire Agreement: This Subcontract constitutes the entire agreement between the Parties regarding the subject matter herein. Unless otherwise provided for in Attachment 2, any modification to this Subcontract shall be made in writing and must be signed by an authorized representative of each Party. IN WITNESS WHEREOF, duly authorized representative of the Parties have entered into this Subcontract as of the date of the last signature set forth below: Contractor Signature Subcontractor Signature Digitally signed by r h e a t h@ rheath@ufl.edu Name: : cn=r ea u .edu Name: Peter Buc wald lit : Date: 2015.08.04 Titlo: Executive Director Da Date: Sul 31 2015 v.8 5ep2013 Page 1 of 27 UFOSP00010854 2410712015 Packet Pg. 197 8.G.2.a Research Subcontract Attachment 1 Representations and Certifications Subcontract No. UFDSP00010854 The following is incorporated into the Subcontract by reference. ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEBRUARY 2012), FAR Clause 52.204-8 ONLINE REPRESENTATIONS & CERTIFICATIONS (ORCA), FAR Subpart 4.12: Subcontractor shall complete electronic annual representations and certifications at https://www.sam.gov (System for Award Management, or SAM) (see FAR 4.1102). SAM includes all registrations and certifications previously found in CCR1FedReg, ORCA, and EPLS. (1) Subcontractor shall update the representations and certifications submitted to SAM as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to SAM. (2) When any of the conditions in paragraph (b) of the clause at 52.219-28, Post -Award Small Business Program Representation, apply, if Subcontractor represented that it was a small business prior to award of this Subcontract, it must update the representations and certifications in SAM as directed by the clause. If Subcontractor represented that it was other than a small business prior to award of this Subcontract, it may update the representations and certifications in SAM as directed by the clause, if its size status has changed since the date of award. httos://www.sam.Qov/portal/public/SAM/ Has Subcontractor's Online Representations and Certifications been completed within the last year? — YES _ NO CERTIFICATION OF INSTITUTIONAL POLICY ON FINANCIAL CONFLICTS OF INTEREST By signature of this Subcontract, Subcontractor certifies that: 1. Subcontractor has an up-to-date, written and enforced administrative process to identify and manage financial conflicts of interest with respect to all research projects for which funding is sought or received from a U.S. Public Health Service agency (PHS) that complies with 42 CFR Part 50. 2. Subcontractor shall require Investigator compliance with this part's requirements including those pertaining to disclosure of significant financial interests; 3. Subcontractor shall report any financial conflict of interest to Contractor's Authorized Official, as identified on Attachment 3A, unless otherwise indicated. Any financial conflicts of interest identified shall subsequently be reported to PHS by Contractor. Such report shall be made before expenditure of funds authorized in this Subcontract and within forty-five (45). days of any subsequently identified financial conflict of interest; 4. Subcontractor agrees to make information available, promptly upon request, to the Contractor Authorized Official relating to any disclosure of financial interests by Subcontractor's Principal Investigator, or other investigators identified on the project, related to this Subcontract and Subcontractor's review of, and response to, such disclosure, whether or not the disclosure resulted in Subcontractor's determination of a Financial conflict of interest; and 5. Subcontractor does and shall fully comply with the requirements of 45 CFR Part 94. v.8 Sep2013 Page 2 of 27 UFDSP00010854 24107 Packet Pg. 198 8.G.2.a Research Subcontract Attachment 2 General Terms and Conditions Subcontract No. UFDSP00010854 1. Independent Contractor. The Subcontractor is engaged as an independent contractor. Nothing in the Subcontract is intended to, or shall be deemed to, constitute a partnership or joint venture between the parties. No party has the authority to bind any other party in contract or to incur any debts or obligations on behalf of any other parry, and no party (including any employee or other representative of a party with responsibility for program matters) shall take any action that attempts or purports to bind any other party in contract or to incur any debts or obligations on behalf of any other party, without the affected party's prior written approval. 2. Publicity/Use of Name. Neither party shall use the name of the other party, or the name of any faculty member, employee, or student of the other party, in connection with any product, service, promotion, news release, or other publicity without the prior written permission of the other parry and, if an individual's name be concerned, of that individual. 3. Publication. Each party shall have the right to publish and disseminate information derived from the performance of work under this Subcontract. Qualification for authorship shall be in keeping with generally accepted criteria. Subcontractor shall provide Contractor with a copy of any proposed publication for review and comment at least thirty (30) days prior to submission. 4. Intellectual Property. The determination of rights in ownership and disposition of inventions resulting from the performance of the Statement of Work ("Subject Inventions") and the administration of patents will be in accordance with 37 CFR 401 and the terms of this Subcontract. Subcontractor agrees to comply with regulations regarding inventions pursuant to 37 CFR Part 401. Disposition of any copyrights or any copyrightable material created by Subcontractor in performance of the Statement of Work will be determined by the policy of the Subcontractor. Any copyrighted materials are subject to a royalty -free non-exclusive and irrevocable license to the Contractor and U.S. Government to reproduce, publish or otherwise use the copyrighted material for noncommercial purposes and to authorize others to do so for federal purposes. Subcontractor shall own the data it generates under this Subcontract. Subcontractor hereby grants to Contractor the right to receive copies of such data and to use data created as provided in the Statement of Work for the purpose of education and research or to the extent required to meet Contractor's obligations under its Prime Contract. Subcontractor acknowledges the rights of the U.S. Government to use such data. Nothing in this clause shall supersede Article 7 (Intellectual Property Rights) of the Master Agreement included in Attachment 06. 5. Confidentiality. "Confidential Information" shall mean any business or proprietary information provided by one party to the other and clearly identified as "Confidential" by the transmitting party at the time of disclosure. If such transmittal occurs orally, the transmitting party will within thirty (30) days reduce such transmittal to written form, mark and identify it as confidential, and provide such record to the other party. In the event that a parry discloses Confidential Information to the other during the Project, the receiving Party agrees to disclose the Confidential Information only on a need -to -know basis to its employees, directors or other advisors or representatives who are subject to confidentiality obligations, to use the Confidential Information only for the purposes contemplated by this Agreement and to use reasonable efforts to prevent its disclosure to third parties. However, the receiving party may disclose the Confidential Information if such information (i) was already in the public domain or becomes publicly available through no wrongful act of receiving party, (ii) was previously known or developed by the receiving party without any violation of existing confidentiality obligations, (iii) was known by receiving party prior to disclosure by disclosing party, as evidenced by tangible records; (iv) becomes known to receiving party after disclosure from a third party having an apparent bona fide right to disclose it; (v) is independently developed or discovered by receiving party without use of disclosing party's Confidential Information, as evidenced by tangible records; or (vi) was required to be disclosed by operation of law. The parties agree that each party retains ownership of the Confidential Information it provides to the other. The receiving party shall promptly return the disclosing party's Confidential Information upon request. The obligations of this clause shall survive for a period of three (3) years following termination of this Agreement. Notwithstanding the forgoing, the parties agree that any personally identifiable health information shall be considered confidential. 6. Export Controls. It is understood Subcontractor may be subject to United States laws and regulations controlling the export of technical data, computer software, laboratory prototypes and other commodities (collectively, "Technology" and "Items"), and that its obligations hereunder are contingent on compliance with applicable U.S. export laws and regulations (including the Arms Export Control Act, as amended, and the Export Administration Act of 1979). The transfer of any such Technology and Items and the entering into and provision of such Transactions and Services, as defined by the regulations, that are subject to restrictions may require a license or authorization from the cognizant agency of the United States Government, and/or may require written assurances by the receiving party that it shall not re-export such Technology and Items to certain foreign destinations and/or to certain recipients without prior approval of the cognizant government agency, and/or may require that the involved individuals and entities will comply with conditions on Transactions and Services. While Subcontractor agrees to cooperate in securing any license which the cognizant agency deems necessary in connection with this Subcontract, Subcontractor cannot guarantee that such licenses will be granted. 7. Classified Research. The parties agree there will be no classified research performed under this Subcontract. 8. Limitation of Liability/Indemnity. Each party shall be responsible for its negligent acts or omissions and the negligent acts or omissions of its employees, officers, or director's, to the extent allowed by law. 9. Insurance. Subcontractor represents that it carries sufficient insurance coverage to comply with the requirements of federal, state and local laws as well as its obligations under this Subcontract. vX Sep2013 Page 3 of 27 UFDSP00010854 24107 Packet Pg. 199 8.G.2.a 10. Termination. Either party shall have the right to terminate this Subcontract with 30 days written notice to the other party. in the event that Awarding Agency terminates Prime Contract, Subcontractor shall terminate this Subcontract in accordance with the terms of the Prime Contract. Upon termination, Subcontractor shall be reimbursed for allowable costs and non -cancelable obligations incurred prior to the date of termination and shall furnish all necessary data and final reports, in accordance with Attachments 4 and 5, on the research completed or in progress through the date of termination. 11. Closeout. Along with any other reports or deliverables required hereunder, Subcontractor shall submit its final invoice and release and assignment to Contractor within 45 calendar days following completion of the period of performance of this Subcontract. In the event that quick closeout is requested by Contractor, Subcontractor shall comply with FAR Part 42.708 to complete Subcontract closeout. Payment of the final invoice will be withheld pending: *Completion, submission, and acceptance by Contractor of all work performed under the Statement of Work; -Completion of Subcontractor's Release Form, including patentlinvention report, and property report; and *Clear, visible, and proper marking of "final invoice" on the actual final invoice. 12. HIPAAIPHI. There will not be personal health information (PHI) or personally identifiable information (PII) involved in this project. 13. Audit. Subcontractor assures Contractor that it complies with A-133 and that it will notify Contractor of completion of required audits and of any adverse findings which impact this subaward. For a period of 3 years after date of receipt of final payment, Contractor, Awarding Agency or an authorized representative shall have the right to audit, at its own expense, all financial books, accounts, and records of funds received and costs and commitments incurred under this Subcontract. If any audit reveals a material discrepancy or error in reporting, Subcontractor will reimburse Contractor upon request for the costs and expenses associated with such audit. 14. Disputes. The parties shall attempt to resolve all disputes through informal means. Each party agrees that, prior to resorting to litigation to resolve any dispute, it will confer with the other party to determine whether other procedures that are less expensive or less time consuming can be adopted to resolve the dispute. 15. Anti -kickback. Subcontractor represents that no part of the total Subcontract amount provided herein shall be paid directly or indirectly to any officer or employee of Prime Contractor or Awarding Agency as wages, compensation, or gifts in exchange for acting as officer, agent, employee, subcontractor, or consultant to Subcontractor in connection with any work contemplated or performed relative to this Subcontract. 16. Assignment. Neither party may assign this Subcontractor any interest therein without the written consent of the other party. 17. Severability. If any provision of this Subcontractor any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Subcontract which can be given effect without the invalid provision, and to this end the provisions of this Subcontract are declared to be severable. 18. Integration. This Subcontract and Attachments contain the entire agreement between the parties, and no statements, promises, or inducements made by either party or agent of either party that are not contained in this written Subcontract shall be valid or binding; and this Subcontract may not be enlarged, modified, or altered except in writing signed by the parties. 19. Waiver. No waiver of any term or provision of this Subcontract whether by conduct or otherwise in any one or more instances shall be deemed to be, or construed as, a further or continuing waiver of any such term or provision, or of any other term or provision, of this Subcontract. 20. Amendments. The Prime Contractor may issue certain changes to the Period of Performance and Budget bilaterally. Except as expressly set forth in this section, no subsequent amendment, modification or addition to this Subcontract will be binding upon the parties hereto unless reduced to writing and signed by the respective authorized representatives of Contractor and Subcontractor. 21. Counterparts. This Subcontract may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. The parties agree that a party's signature on this Subcontract that is exchanged by portable document format (PDF) or facsimile shall have the effect of original signature of the party for all purposes. v.S Sep20I3 Page 4 of 27 UFDSP00010854 24107 Packet Pg. 200 8.G.2.a Research Subcontract Attachment 3A Subcontract No. UFDSP00010854 Prime Contractor Contacts Name: University of Florida Board of Trustees Address: Division of Sponsored Programs 219 Grinter Hall Box115500 City: Gainesville State: Florida Zip Code + 4: 32611-5500 Institution Type : Public/State Institution of Higher Learning Congressional District: FL-003 Registration current in SAM? Yes Administrative Contact Name: Dawn Stewart, Coordinator —Outgoing Subawards Address: Division of Sponsored Programs 219 Grinter Hail Box115500 City: Gainesville State: Florida Zip Code + 4: 32611-5500 Telephone: 352-392-0239 Fax: 352-392-4522 E-Mail: ufsubawards@ufl.edu Principal Investigator Name: Daniel Connaughton Address: Box118208 300 FLG City: Gainesville State: Florida Zip Code + 4: 32611-8208 Telephone: 352-294-1666 Fax: 352-392-7588 E-Mail: Banc@hhp.ufl.edu Financial Contact Name: Subcontract Manager Address: Contracts and Grants Accounting Services 123 Grinter Hall Box113001 City: Gainesville State: Florida Zip Code + 4: 32611-1130 Telephone: 352-392-1235 Fax: E-Mail: subcontract-manager@ufl.edu Invoices Sent To: subcontract-manager@ufl.edu Authorized Official Name: Brian Prindle, Associate Director of Research Address: Division of Sponsored Programs 219 Grinter Hall Box115500 City: Gainesville State: Florida Zip Code + 4: 32611-5500 Telephone: 352-392-3516 Fax: 352-392-4522 E-Mail: ufsubawards@ufl.edu v.8 Sep2013 Page 5 of 27 UFDSP00010854 2410701.15 Packet Pg. 201 8.G.2.a Research Subcontract Attachment 38 Subcontract No. UPOSPOOOIOB54 Subcontractor Contacts Name: Marceia Lathou Address: St. Lucie TPO 466 SW Port St. Lucie Boulevard, Suite 111 City: Port St. Lucie State: FL Zip Code + 4: 34953-2091 Institution Type: Government Congressional District: 12 FL Registration current In SAM.gov? Yes X No EIN: 59-6000836 DUNS: Parent DUNS: Did Subcontractor's gross income, from all sources, in the previous tax year exceed $300,000? ® Yes ❑ No Is the Performance Site the same address as set forth above? f(N Yes ❑ No If no, is the Performance Site the same as the PI address set forth below? ❑ Yes ❑ No If you answered "no" to any of the above questions, please complete "Attachment 36, Page 2," below. Is Subcontractor exempt from reporting compensation? ® Yes ❑ No If no, complete "Attachment 36, Page 2," below. Administrative Contact Name: Marceia Lathou Address: St. Lucie TPO 466 SW Port St. Lucie Boulevard, Suite 11i City: Port St. Lucie State: FL Zip Code +4: 34953-2091 Telephone: 772-462-1671 Fax; E-Mail; at oum@Stlucieco,org Principal Investigator Name: Marceia Lathou Address: St, Lucie TPO 466 SW Port St. Lucie Boulevard, Suite 111 City: Port St, Lucie I State: FL Zip Code + 4: 34953-2091 Telephone: 772-462-1671 Fax: E-Mail: iathoum@stlucieco.org Financial Contact Name: Ron Bowman Address: St. Lucie TPO 466 SW Port St. Lucie Boulevard, Suite 111 City: Port St. Lucie I State: FL Zip Code + 4: 34953-2091 Telephone: 772-462-2340 Fax: E-Mall: bowmanr@stlucieco.org Checks Sent To: Name: St. Lucie TPO Address: 466 SW Port St. Lucie Boulevard, Suite 111 City: Port St. Lucie I State: FL rZip Code +4: 34953-2091 Telephone: 772-462-1593 Fax; E-Mail: bowmanr@stlucieco.org Authorized Official Name: Peter Buchwald Address: St. Lucie TPO 466 SW Port St, Lucie Boulevard, Suite 111 City: Port St. Lucie I State: FL Zip Code + 4: 34953-2091 Telephone: 772-462-1593 Fax: E-Mail: buchwaldp@stiucieco.org v. S Sep2013 Page 6 of 27 UFOSP0000854 24107/2015 Packet Pg. 202 8.G.2.a Research Subcontract Attachment 38, Page 2 Place of Performance & Highest Compensated Officers Subcontract No. UFDSP00010854 Subcontractor Name: Place of Performance: Name: Add ress: City: State Zip Code + 4 Telephone: E-Mail: Congressional District: The names and total compensation of the five most highly compensated officers of Subcontractor must be listed if: (i) Subcontractor in the preceding fiscal year received: (I) 80 percent or more of its annual gross revenues in Federal awards (federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements); AND (II) $25,000,000 or more in annual gross revenues from Federal awards; AND (ii) the public does not have access to information about the compensation of the senior executives of Subcontractor through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. Is Subcontractor exempt from reporting executive compensation? Yes ❑ No ❑ If no, complete the information below. Officer 1 Name Officer 1 Compensation Officer 2 Name Officer 2 Compensation Officer 3 Name Officer 3 Compensation Officer 4 Name Officer 4 Compensation Officer 5 Name Officer 5 Compensation v.S Sep2013 Page 7 of 27 UFDSP00010854 24/07/2015 Packet Pg. 203 8.G.2.a ATTACHMENT 4 - Work ST LUCIE SRTS S-E PROGRAM PROJECT NARRATIVE The proposed project supports the conduct of SRTS 5-E Program activities in the St. Lucie TPO area with a focus on Title I schools. Title I schools are geographically dispersed throughout St. Lucie County, and their surroundings exhibit a wide range of challenges to safe walking/bicycling to school. Community Traffic Safety Team (CTST) partners will assist the SRTS Planner in the identification of specific walking/bicycling hazards in the vicinity of schools and in the development of comprehensive SRTS 5-E activities. The SRTS activities will include a variety of countermeasures ranging from curriculum -based solutions to improved school zone visibility. TPO staff will provide assistance with implementation of the countermeasures. SRTS S-E STATEMENT OF WORK Education• The SRTS Planner will facilitate bicycle/pedestrian workshops for School District teachers and school resources deputies. The Planner will teach traffic safety skills to elementary and middle -school children in classrooms using pre - and post -testing. Safety lesson plans will be developed as needed. The Planner will attend University of Florida trainings and other relevant workshops. Encouragement• The SRTS Planner will attend school open houses, health fairs, and other events to provide bicycle helmets, educational material, etc., to students in need. The Planner will establish Walking School Buses with the aid of parents, teachers, and volunteers. Stipends to teachers/substitute teachers may be required to encourage consistent participation in the Walking School Bus program. The Planner will promote SRTS events such as International Walk to School Day and - National Bike to School Day. Site assessments/walkabiiity/bikeability checklists will be developed for selected schools. Transportation Planning for Fort Pierce, Port St. Lucie, St. Lucie Village and St. Lucie County Page 8 of 27 UFDSP00010854 24107POIE Packet Pg. 204 ATTACHMENT 4 - Work 8.G.2.a May 2015 Page 2 of 2 Enforcement: The SRTS Planner will coordinate with individual schools, the School District Transportation Department, law enforcement agencies, and community organizations to identify traffic enforcement barriers to safe walking/bicycling. The Planner will work with CTST partners to identify and engineer appropriate countermeasures. Engineering: The SRTS Planner will coordinate with individual schools, the School District Transportation Department, law enforcement agencies, and community organizations to identify physical barriers to safe walking/bicycling. The Planner will work with CTST partners to identify appropriate countermeasures. Evaluation: The SRTS 5-E program will be evaluated based on the number of 5-E activities in which the SRTS Planner participates and completes, and the number of children served. The Planner will conduct student travel tally counts and parent survey counts where possible. STAFF RESPONSIBILITIES The SRTS Planner will coordinate, implement, and evaluate the SRTS 5-E program. The Planner will be assisted in these activities by the Executive Director, Program Administrator, Operations Administrator, and Contracted Planning Specialist. The Executive Director and Program Administrator will review all SRTS materials produced by the Planner. The Operations Administrator will be responsible for grants administration. The Contracted Planning Specialist will assist with outreach activities. 0 0 U) 0 0 4- M U) •L 0 U- N LO r Lh 0 N w Page 9 of 27 UFDSP00010854 2410712015 Packet Pg. 205 ATTACHMENTS - Budget 8.G.2.a A11 & Narrative - One Fiscal Year Below each item, explain how the item will support the program, and other appropriate details. Budget Item Requested Funds Pe,sonpel Serv�¢es (t�5tltles and totals fes PR �n�Narrtive, mdldd lirJmbers of hours IfiQufly=fteris Whbhl" ego�a,�ar(al;�rh�tfir �t s newM1po�7tion o ndwEha, TPO Executive Director $6,800 Narrative: (2 hours/per week @52 weeks @$65/hour - includes benefits) Program Administrator $9,400 Narrative: (4 hours/per week @52 weeks @$45/hour - includes benefits) SRTS Planner - New position $39,000 Narrative: (up to 30 hours/per week @52 weeks @$25/hour - includes benefits) Operations Administrator $1,600 Narrative: (1 hour/per week @52 weeks @$30/hour - includes benefits) Contracted Planning Specialist $4,400 Narrative: (5 hours/per week @52 weeks @$17/hour) Teacher/Substitute Teacher Stipends $1,400 Narrative: (Incentives for Walking School Bus program) zpenses Materials and Supplies: Printer Cartridges (1) 40 Paper (1) 40 Plotter Cartridges (1) 70 Educational items: Safety Lesson Plan Visual Aids (50) 250 Promotional Items: 01114113 Florida's SRTS Nan -Infrastructure Information Form Page 1 of 3 Page 10 of 27 UFDSP00010854 24/07/2015 Packet Pg. 206 ATTACHMENT 5 - Budget 8.G.2.a Other Expenses: Travel to conferences/training events 1,500 Equipment: Laptop/tablet 1 500 1 Total RQquest5 5i0" 01/14/13 Florida's SRTS Non-fdfrastructure Information Form Page 2 of 3 Page 1 i of 27 UFDSP00010854 24/07 Packet Pg. 207 8.G.2.a ATTACHMENTS - Budget PERIODS OF PERFORMANCE: This subcontract will be in effect from July 1, 2015 — June 30, 2016. Invoices and quarterly reports will be sent to the University of Florida by: 10/31/15 for period 7/01/15 — 9/30/15 1/31/16 for period 10/01/15—12/31/15 4/30/16 for period 1/01/16 — 3/31/16 7/31/16 for period 4/01/16 — 6/30/16 A final annual report will also be due on 7/31/16 Page 12 of 27 UFDSP00010854 2410712015 Packet Pg. 208 8.G.2.a Research Subcontract Attachment 6 Prime Contract and Prime Contract Terms and Conditions Subcontract No. UFDSP00010854 Subcontractor is subject to the terms and conditions included below. Where appropriate, the following modifications are made to the specific terms herein: Wherever the terms "Government' or "University" are used, "Contractor" shall be substituted. Wherever the terms "Contracting Officer" are used, "Contractor Authorized Official" shall be substituted. Wherever the terms "CTO" or "COTR" are used, the 'Contractor Principal Investigator" shall be substituted. Wherever the word "Contract' is used, the word "Subcontract" shall be substituted. Wherever the word "Contractor" is used, the word "Subcontractor" shall be substituted. Such substitutions shall not be made in clauses addressing intellectual property, such as 52.227-14, or where it is clear, by the context of the provision itself or the conditions under which it is being applied, that the reference is intended to refer to the Government, its officers or agents, or the Prime Contractor specifically. References in any provision incorporated by reference herein to the "Disputes" clause shall be construed as references to the "Disputes" provision contained elsewhere in this Subcontract No provision herein shall be taken to imply any direct access on the part of the Subcontractor to the Disputes process as defined in the terms of the Prime Contract. A. Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally - assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. C. Solicitations for Subcontractors, including Procurements of Materials and Equipment In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. D. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation the Federal Highway Administration, Federal Transit Administration. Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In tile event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration Federal Aviation Administration. and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Contractor under the contract until the Contractor complies, and/or 2. cancellation, termination or suspension of the contract, in whole or in part. F. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs C. through H. in every subcontract, including procurements of materials and teases of equipment, unless exempt by the regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, In the event a Contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. v.8 Sep2013 Page 13 of 27 UFDSP00010854 24107 Packet Pg. 209 8.G.2.a ATTACHMENT 6 - Prime Award STATE OF FLORIDA OEPAWWW OF TRANSPORTATION TASK WORK ORDER FOR MASTER UNIVERSITY AGREEMENT 376~ PROCUREMHIr ocQ-a7N Master Agreement #: Cost Center # -Task Work Order #: BDV31 9i - 07 University: Univenei of Florida Task Work Order Description: Administer the Florida Safe Routes to School Non -infrastructure Program Management and perform related duties, including but not limited to providing general reports, forms, budgets and invoices; staff management; coordination with Florida Safe Routes to School staff; providing phone/email and information requests. Provide oversight and evaluation of Non -Infrastructure programs. The start daft of this task work order is: r Upon execution of the Task Work Order by the Department. issuance of a Notice to Proceed. ❑ As specified in Exhibit A (Scope of Service). In accordance with the above referenced contract, you are authorized to perform the tasks detailed in attached Exhibit A (Scope of Services). All services required under this Task Work Order will be completed by: 8/31/2016 I or the end date of the Master Agreement, whichever occurs first. For the required services, compensation shall be $1,763.457.00 as described in the attached Exhibit B (Method of Compensation). Fund Type: ❑ State Funds ® Federal Funds Applicable Appendices: (if checked, Appendix must be attached to the TWO) ® Appendix 1 Terms for Federal Aid Contracts ❑ Appendix 2 Terms for information Technology Resources ❑ Appendix 3 Terms for Federal Transit Administration ❑ Other: Note: Master University Agreement cannot be used for grant disbursement to subrecipients Department Contact: Name: Santa A Ta or Phone: 850-41 ¢4098 ppj Email: sarita.tavior@dot.state.fl.us Departmental Approval: Lora B. Hollingsworth Chief Safety ffi r r r (Name) (Tme) (8rignaturqfj University Acceptance: Brian Prindle AD for Si)nsoreO Research (Name) (Title) (Signature) (Date) Legal Review: j l� Page 14 of 27 UFDSP00010854 2410712015 Packet Pg. 210 8.G.2.a ATTACHMENT 6 - Prime Award Scope of Service Florida Safe Routes to School Non -Infrastructure Program Management Submitted to: Sarita Taylor The Florida Department of Transportation Safety Office 605 Suwannee Street, MS 53 Tallahassee, FL 32399 Submitted by: Daniel Connaughton, Ed.D. (PI) College of Health and Human Performance Department of Tourism, Recreation, and Sport Management P.O. Boa 118208, 300 FLG Gainesville, FL 32611 May 28, 2015 Page 15 of 27 UPDSP00010854 2410712015 Packet Pg. 211 8.G.2.a ATTACHMENT 6 - Prime Award Exhibit W SCOPE OF SERVICES Florida Safe Routes to School Non -Infrastructure Program Management PURPOSE: Under this one-year renewable contract (July 1, 2015 — June 30, 2016), the University of Florida, Department of Tourism, Recreation and Sport Management/College of Health and Human Performance, and Florida Safe Routes to School Von -Infrastructure Program Management, agree to administer all aspects of the program, as defined below: 1. Administer the Florida Safe Routes to School Non -Infrastructure Program Management (UF) and perform related duties, including but not limited to providing general reports, forms, budgets, and invoices; staff management UF; coordination with Florida Safe Routes to School staff; providing phone/email and information requests. 2. Provide the following for Florida SRTS (non -infrastructure) programs being managed: a. Oversight and evaluation of the standard SRTS tally to be used at the beginning and end of each school year in schools receiving SRTS-funded programs. This tally includes information about how the students arrived to school. Obtaining tally information is a required component of each SRTS-funded Non-hfrastructure program being managed. b. Annually evaluate each program and provide suggestions to the Florida SRTS Coordinator, for areas of improvement in which may include but not be limited to curriculum, program design, program reach, program evaluation, etc. 3. Provide quarterly and annual reports of the Florida Safe Routes to School Nan -Infrastructure Program Management activities to Florida SRTS Coordinator. These reports will include an overall summary and the quarterly reports of the programs being managed. These reports may also include related activities not specifically funded by Safe Routes to School. This Scope of Services can be amended as necessary by a Task Work Order Amendment approved by the Department and the University of Florida. PRODUCTS AND SERVICES: In performance of this contract, the University of Florida agrees to the following minimum level of effort, assurance, and deliverables: 1. Administer the program as noted in items 1-3 above. 2. Use funds to pay quarterly invoices from programs being managed (see Budget for list of programs). 3. Use funds allocated to pay salary and benefits for the program (UF) staff; 4. Use funds provided to pay for University of Florida approved, contract -related travel, for OF staff, materials and/or equipment as needed to conduct program activities; Page 16 of 27 UFDSP00010854 24/07/ Packet Pg. 212 8.G.2.a ATTACHMENT 6 - Prime Award 5. Provide quarterly invoices and reports for approval and payment as outlined in Periods of Performance, below. The quarterly reports will specifically indicate program performance as noted in items 1-3 above. 6. Provide one print copy and an electronic copy of the annual report by sixty days following June 30 of each year, summarizing program activities and accomplishments. PERIODS, OF PERFORMANCE: This Task Work Order will be in effect from July 1, 2015 — June 30, 2016. Quarterly reports and Invoices will be sent to the Department by: 11/30/15 for period 7/01/15 — 9/30/15 2/28/16 for period 10/01/15 —12/31 /15 5131116 for period 1/01/16 — 3/31/16 8/31/16 for period 4/01/16 — 6/30/16 Contact Information Principal Investigator: Daniel Connaughton University of Florida P.O. Box 118208, 300 FLG Gainesville; FL 32611 Phone: (352) 294-1666 Fax: (352) 392-7588 Email: danc@hhp.ufl.edu FDOT Safe Routes to School Coordinator: Sarita Taylor Florida Department of Transportation Safety Office 605 Suwannee St., MS 53 Tallahassee, FL 32399 Phone. (850) 245-1529 Fax: (850) 245-1554 Email: Sarita.Taylor@dot.state.fl.us Page 17 of 27 UFDSP00010854 2410712015 Packet Pg. 213 8.G.2.a SRTS Programs being managed (Subcoonfteum). $1,424,911 Safe Renton to "od (SRTS) Prograurs Polk Count - An mgdnm,s unii Manatee C - All ChiMm-s HWpW Chaflotte Corm - All Children's Hospital Collier - All ChOdren's Hospital Pasco Coup - All CbUdren'a RospiW Hernando Count — All Children's Hospital L= 9MY& - Ail Children's Hospital Pinellas - All Children's Ho 'tak Miami-DedoHikeJWa11�8sfo—Univerai afMismi St. Lucie Count SRTS 5-B Pm Walk and Roll Sarasota — Sarasota County Schools )'radian River County Biaycle and Pedestrian Safety Edutmdon Poo St Joseph's Children'& Hospital of Tartu K-86 grade Education Walking School Ban and Bicycle Train Program Center for Urban Transportation Rewmeh — University of South Florida More Health Sato WallatarslRidess ATTACHMENT 6 - Prime Award Page 18 of 27 UFDSP00010854 2410712015 Packet Pg. 214 8.G.2.a ATTACHMENT 6 - Prime Award 1. PURPOSE: This Exhibit defines the limits and method of compensation to be made to the University of Florida for the services set forth in Exhibit "A" and the method by which payments shall be made. 2. COMPENSATION: For the satisfactory performance of services detailed in Exhibit "A", the University of Florida shall be paid a lump Sum Amount of S1,763,457. The lump Sum Amount shall be made up of $1,763,457 from Fiscal Year — 2015.2016 The University of Florida shall not provide services that exceed the Fiscal Year amount(s) without an approved Amendment from the Department, The University of Florida will not commence work each fiscal year until a Notice to Proceed has been issued by the Department. This Agreement includes the purchase of Tangible Personal Property, as defined in Section 273.02 Florida Statutes, which will be acquired in accordance with Rule 60A 1.017, Florida. Administrative Code. Such property is identified below and will become the property of the Department upon purchase. Upon receipt of the property, the Consultant will provide the Department a copy of the purchase invoice and serial number, will affix Department inventory control labels, will accommodate physical inventories required by the Department and transfer control of the property to the Department upon completion of services. Stair will be purchasing a laptop to use with site monitoring, reviews and evaluations of programs. 3. PRQORESS PAYMENTS: For Fiscal Year 2015-2016, the University of Florida shall submit quarterly invoices in a format acceptable to the Department. Payment shall be made to the University of Florida at the unit rate of $440,864.25 per quarter, as approved by the Department. Invoices shall be submitted to: Santa Taylor, Florida Safe Routes to School Coordinator Florida Department of Transportation Safety Office 605 Suwannee St., MS 53 Tallahassee, Florida 32399 Page 19 of 27 UFDSP00010834 2410712015 Packet Pg. 215 8.G.2.a ATTACHMENT 6 - Prime Award STATE OF F70FflDA DEPARTMENT OF TRANSPORTATION 375440464 IVI OGC1a112 Page i of a Agreement Number: BDV31 F.E.1.1), Number: F898Q02052106 Procurement plumber: Exempt Governmental Entity D.M.S. Catalog Class plumber: 973740 This Master University Agreement CAgreement"), entered into this day of Gt V 03 ("Effective Date), between the State of Florida, Department of Transportation ("Department"), and th iversity of. Florida an educational unit as defined in Chapter 120, Florida Statutes ("University°'), agree as follows: SERVICE A. The Department retains the University to furnish certain services, information and items as described in specific, separate Task Work Orders (`TWO'). The parties agree in advance on these general terms and conditions that will be a part of each TWO issued under this Agreement The Department and the University agree that except as specifically stated in any TWO, the provisions ofthis Agreement shall apply to ail TWO's entered into on or after the Effective Date of this Agreement. 2. PERIOD OF PERFORMANCE A. This Agreement shall begin upon the Effective Date and shall remain in effect for a period of ten (10) years, unless otherwise amended. Each TWO authorized under this Agreement shall specify a separate period of performance that is specific to the work being conducted. in the event there have been delays which would affect the project. completion date contained in a TWO, the University shall submit a written request to the Department which identifies the reason(s) for the delay and the amount of time related to each reason. The Department will review the request and determine whether to grant all, part, or none of the requested extension. B. This Agreement may be renewed fo€ a period that may not exceed three (3) years or the term of the original agreement, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. This Agreement may be extended for a period not to exceed six (6) months, and only one (1) extension is permitted unless the failure to meet the criteria set forth in this Agreement for completion is due to events beyond the control of the University. Any renewal or extension shall be in writing and shall be subject to the same terms and conditions set forth in this Agreement. 3. SCOPE A. The Department will issue specific TWOS that u&n"ll contain independent Scopes of Service, Deliverables, Periods of Performance, and Methods of Compensation. Each TWO shall be signed by both the Department and the University- B. Any alteration to any TWO must be in writing, signed by the Departments appropriate contracts officer, or designee, and an authorized representative of the University. 4. SUBCONTRACTING A. It is agreed that any subcontractor(s) required to carry out the work and tasks to be performed are specified in the TWO, subsequently identified, and subject to the prior written approval of the Department.. Inclusion of subcon'Iractor(s) in the TWO shall constitute the Department's written approval of such subcontractor(s). The University must require that all subcontractors employed under each TWO grant the Department all of the rights and privileges of this Agreement and applicable TWOs, including, but not limited to, the Departments right to secure materials or services from the subcontractor which might be a part of the subcontractor's work production. The University is fuiiy responsible for satisfactory completion 6 i— O O t V U) 0 r ar O m M rn 0 u_ N IO r Ih O N rn w a� c �a c u_ 4- 0 c 0 4- 0 z E 1a 0� O a 0 O t rn 0 r ar O 4- M rn `o LL is cNil tU c m t �a r Q Page 20 of 27 UFDSP00010854 2410712015 Packet Pg. 216 8.G.2.a ATTACHMENT 6 - Prime Award STATE OF FLWDA OSPAAivd W of TRANSPORTATION 'Vr ]40-64 4GC - YIfSP O t V of all subcontracted work.' The University shall not sublet, assign, or transfer any work under the TWO to 0 any person or entity other than subcontractor(g) specified in the TWO without the prior written consent of the Department. 5. RENTAL OF SPACE, SPECIAL EQUIPMENT OR FACILITIES O A. The actual cost to the University of renting any additional space, any equipment not identified as an m M operating capital outlay item under the above section, or facilitles not owned by the University, but rn required to perform the work under a TWO, is approved by the Department to the extent identified in each � TWO and shall be Included in the compensation paid under the TWO as an expense.LL o 6. COMPENSATION AND PAYMENT A. The Department agrees to pay the University compensation as detailed in Exhibit "B" Method of N `O r Compensation of each TWG. Each TWO under this Agreement will specify a maximum amount which LO may be increased or decreased by an amendment to the TWO. The State of Florida's performance and obligation to pay under this Agreement or any of the TWOS issued under this Agreement are contingent N rn upon an annual approprlation by this Legislature. w B. Payment shall be made only after receipt and approval of goods and serv€ces unless advance payments v are authorized by the Department's Comptroller under Section 334.044(29), Florida Statutes ("F.S•"), or � by the Department of Financial Services under Section 215.422(14), F.S. G; The TWO shall provide quantifiable, measurable and verifiable units of doliverables. Each deliverable u_ must specify the required minimum level of service to be performed and the criteria far evaluating c successful completion. The del'nrerables are setforth €n Exhibit "A" Scope of Services of each TWO. o D. invoices shall be submitted by the University in detail sufficient for a proper pre -audit and past audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in 4- Section 6.C, above and Exhibit "A" of each TWO. Deliverables must be received and accepted in writing: o by the Department's Project Manager prior to payments. Z E E. If the University utilizes a subcontractor, supporting documentation must establish that the deliverables were received and accepted in writing by the University and that the required minimum ievel of service to O be performed based on the criteria for evaluating successful completion as specified in Section O.C. and si Exhibit- of each TWO have been rust. o F. Bills for travel expenses specifically authorized in this Agreement shall be submitted on a travel form O approved by the Department and will be paid in accordance with Section 112.061, RS. rn O G. Universities providing goods and services to the Department should be aware of the following time r frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services. The Department has 20 days to deliver a request for payment (voucher) to the Department of c Financial Services, The 20 days are pleasured from the fatter of the date the invoice is received or the goods or services are received, inspected, and approved. 4- H. If a paym ent Is not available within 40 days, a separate interest penalty at a rate as established pursuant M to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the University. � `O interest penalties of less than one (1) dollar will not be enforced unless the University requests payment. Invoices that have to be returned to a University because of University preparation errors will result in a LL delay In the payment. The invoice payment requirements do not start until a properly completed invoice is is provided to the Department. C i C9 ao c m E t ra .r r Q Page 21 of 27 UFDSP00010854 24/07/2015 Packet Pg. 217 8.G.2.a ATTACHMENT 6 - Prime Award sTA'i1=O�'fLDRlDA nEPAi?TMEW of TRMSPORTAMN 376440-64 U) EEME 06C-11112 Page3 oFA O 0 t V I. A vendor Ombudsman has been establlshed within the Department of l=inanaial Services, The duties of U) this individual include acting as an advocate for Universities who may be experiencing problems in r obtaining timely payments) from a€ state agency. The Vendor Ombudsman maybe contacted at (850) � 413-5516 or by calling the Division of Consumer Servicos at 1-877-693-5238. J. Records of costs incurred under the terms of thls Agreement shall be maintained and made available 0 � upon request to the Department at all times during normal business hours during the period of this Agreement and for five years after final payment on each TWO is made. Copies of these documents and y records shall be furnished to the Department upon request. records of costs incurred include the M University's general accounting records and the project records, together with supporting documents and •L records, of the contractor and all subcontractors performing worts on the project, and all other records of o the contractor and subcontractors considered necessary by the. Department for a proper audit of costs. LL K. In the event the compensation established under any TWO is in excess of $25,000.00, the following N `O provisions of Section 339.135(6)(9), F.S., are hereby inewporated: Ln "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any T_ 0 N contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as w available for expenditure during such fiscal year. Any contract, verbal or written, made In violation of this subsection is null and void, and no money shall be paid on such contract. The Department shall require .. a statementfrom the Comptroller of the Department that funds are available prior to entering Into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this LL paragraphshall be incorporated verbatim in all contracts of the Department which are for an amount in — excess of $25,000.00 and which have a term for a period of more than one year," 0 L "- 7 tie U iyefsity s all q# oflar � more t_qr a 25°/a � di«Gt cost Tate for all direct costs u{iC�ss otFieiw�se ` A res �oir�,wnt2p.jt �e pe�artment 0 V ;�_ � M. Inclusion of the purchase of Tangible Personal Property as defined in Chapter 273.02 F.S., in a TWO z shall constitute the Department's written approval of such purchase. The specitic property(les) identified E wit[ be subsequently transferred to and controlled by the Department upon completion of services unless 0 otherwise defined in the TWO. Upon receipt of the property, the unhrerstty shall forward to the 0 Department a copy ofthe purchase invoicelproperty descriptiontserial number and date of receipt. The 0- Department will forward Inventory control labels) to be affixed to all property, The University will —0 accommodate physical inventories required by the Department. 7. INTELLECTUAL PROPERTY RIGHTS t ) A. The University shall be free to copyright material developed under this Agreement, provided that the 0 N Department reserves and the University, by accepting payment for any part of the TWO, grants the a� Department a royalty free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the work for government purposes. The Department's rights under any �°. license in works developed under this Agreement shall also include the right to prepare, or have others m prepare on behalf of the Department, derivative works for internal Department use. The Department shall not distribute such derivative works to third parties without the express written consent of the University, Cn which consent shall not be unreasonably withheld. •L B. On all projects the parties agree that if possible inventions should result from arty research pursuant to 0 LL this Agreement, all title to such inventions shall vest in the University. However, the standard patent is rights clause at 37 CFR 401.14, except for 401.14 (g), is hereby incorporated into this Agreement. The N University will retain all title to any intellectual property resulting from the research descritsed herein. 0 Unless othenirise agreed to in the TWO, the University agrees to and grants to the Department and the C6 � U.S. Department of Transportation, on federally funded TWOS or to the Department only on State funded m TWOS an irrevocable, nonexclusive, nontransferable, royalty -free, perpetual, world-wide license to practice each invention in the manufacture, use and disposition, on any Department or U.S. Department r r Q Page 22 of 27 UFDSP00010854 2410712015 Packet Pg. 218 8.G.2.a ATTACHMENT 6 - Prime Award STATE OFFLORIDA OEPARTIAeW OF TRAWSPORTAE014 376-M-64 OGC-11112 Page 4 of a of Transportation projects only, according to law, of any article or material, and in the use of any method that may be developed as part of the work under this Agreement for government purposes. Included in such right shall be the right of any contractor to the Department on any Department project, to make full use of, and to practice any intellectual property, and such royalty -free right shall extend to any such contractors, aubcoritractors, rnatertalmen, manufacturers, and suppliers on any Department projects only. The University shall include this provision ln2 all subcontracts, regardless of tier, for all experimental, developmental, or research work undertaken in furtherance of this Agreement. The University shall fully and promptly disclose to the Department all intellectual property conceived, created, or furnished under this Agreement. The University shall be responsible for obtaining written intellectual property agreements with all persons working on the research described herein. Further, such agreements shall incorporate the license to the Department and U.S. Department of Transportation specified in this Agreement. The University agrees to indemnify the Department to the extent permitted by and within the limits of Section 768,28, F.S. C. In construing these provisions, the "University" includes any affiliated entity which the University may use to promote the development of the intellectual property. 3. CHANGES IN STUDY A, Any alteration to any TWO or any amendment to the terms of this Agreement must be in writing, signed by the Department's appropriate contracts officer, or designee, and an authorized representative of the University. g. INS€'EGTIDN OF WORK A. The Department shall, at all reasonable times, which shall be agreed to by the Department and the University, be afforded proper facilities for review and Inspection of the work under each TWO and shall at all reasonable times have access to: the premises where the work is performed; and all books, records, correspondence, instructions, receipt vouchers, and memoranda of every description pertaining to the work to be performed under each TWO. All reviews and inspections by the U.S. Department of Transportation will be arranged through the Department. 10, PERFORMANCE A. All work under each TWO shall be performed by the University to the satisfaction of the Departments Chief Engineer, or designee. If theta is a dispute concerning satisfactory performance, the Department will obtain input or pertinent information from the University before making a final decision. 11. TERMINATION OF CONTRACT A. Either party may terminate this Agreement or any TWO executed under this Agreement by giving the other party thirty (30) days prior written notice. If the Agreement or TWO is terminated under this provision, the Department shall reimburse the University: 1. For work satisfactorily performed and any noncancelable obligations entered into by the University as approved within tho TWO Scope of Service, prior to notification to terminate the contract, for which costs can be substantiated 2. For any minimal overhead costs required to close the TWO B, A copy of all work'In progress shall become property of the Department and promptly shall be turned over to the Department by the University. The Department shall have no liab"slityfor any obligations of the University's subcontracts or other agreements entered into in connection with the work under any TWO. u- N LO r Lh 0 N w a� c �a c u- 4- O r- 0 4- r O z M 0� O a 0 O t u7 0 r a� O 4- M Cn •L 0 U- is N c� c m E t �a r r Q Page 23 of 27 UFDSP00010854 2410712015 Packet Pg. 219 8.G.2.a ATTACHMENT 6 - Prime Award STATE OFFLORIOA DEPARTMENT OFTRANSPORFAnON 376p4M4 MAS -UNWERSi 000.-tut2 Page 5 of B 12. COMPLIANCE WITH LAWS A. Any and all of the employees of the University engaged in the performance of any work or servioe required by the Department under any TWO shall be considered employees of the University only and not of the Departrnent, and any and all claims that may or might arise under the employment of sold employees, shall be the sole obligation and responsibility of the University. The employees, agents, representatives, contractors, or subcontractors of the University are not employees or agents of the Department. The Tepartment shall not be bound by any unauthorized acts or conduct of said persons. B. To the extent permitted by Section 768.28, F.S., the University shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damago, cost, charge, or expense arising out of any act, error, omission or negligent act by the University, its agents, subcontractors, or employees, while acting within the scope of their employment by the University and under this Agreement or TWO issued pursuant to this Agreement. Neither the University, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense solely arising out of any act, error, omission, or negligent act by the Department or ony of its officers, agents or employees, during the performance of this Agreement. C. When the Department receives a notice of claim for damages that may have been caused by the University in the performance of services required under this Agreement, the Department will promptly forward the claim to the University. The University and the Department will evaluate the Claim and report their findings to each other within fourteen (14) working days and will jointly discuss options for defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the University In the defense of the claim or to require that the University defend the Department in such claim as described in this section. The Department's failure to promptly notify the•University of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the University. The Department and the University will each pay its own costs for the evaluation, settlement negotiations, and trial, if any. However, 9 only one patty participates in the defense of the claim at trial, that party is responsible for all trial costs. D. The University shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter'119, F.S., unless exempted by Section 1004.22, F.S., made or received by the University in conjunction with this Agreement. The Univetsity shall extend this requirement to any subcontractors furnishing services, materials, or equipment underany TWO, Failure by the University or its contractors to grant Such public access shall bs grounds far immediate unilateral cancellation of this Agreement by the Department. The University will advise the. Department when it receives any public records request relating to this Agreement E. A person or affiliate who has been placed on the convicted vendor list following a convictlon for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. F. The Department shall consider the employment by any universlty of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the University knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. G. An entity or affiliate who has been placed on the dlscriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods'or services to a public entity; may not submit a bid, proposal., or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or cansu[tant under a contract w4h any public 6 F- 0 0 t ci U) 0 fA d 3 0 m 0 U) 0 0 u_ N r Ih 0 N N w a� c �a c 0 u_ 0 c 0 4- 0 z E a� 0 a 0 0 t rn 0 r in ar 0 4- M Cn `o ILL is N c� c m E t U �a r r Q Page 24 of 27 UFDSP00010854 2410712015 Packet Pg. 220 8.G.2.a ATTACHMENT 6 - Prime Award STATE OFFLORILIADEPAUMEITrOF7RWSPORTATM V544M4 _ MAST —MR. UNIVERSITY AGREEMENT NtQQUREMFWT OGC- W12 O Page a a a O t entity, and may not transact business with an public entity. Y P tY V U) o r 13. € ROFESSIONAL LICENSURE � A. If the University, or any of its employees, agents or subcontractors, is licensed by the Department of O Business and Professional regulation to perform the services required under any TWO, the provisions of m Section 337.162, F.S., apply as follows. M 1. If the Department has knowledge or reason to believe that any person has violated the provisions of state professional licensing laws or rules, it shall submit a complaint about the violations to the o Department of Business and Professionat Regulation. .2 2. Any por'son who is employed by the Department and who's licensed by the Department of � Business and Professional Regu€anon and who, through the course of his employment, has r knowledge to believe that any person has violated the provisions of state professional licensing Ln laws or rules shall submit a complaint about the violations to the Department of Business and c Professfonal Regulation. Failure to submit a complaint about the violations may be grounds for disciplinary action pursuant to Chapter 455 F.S. and the state licensing law applicabtato that w llcensee. W 3. Any complaints submitted to the Department of Business and Professional Regulation pursuant to paragraphs 1 and 2 may be confidential and exempt from Section 119.07(1), F.S., pursuant to Chapter 455, F.S., and applicable state law. u_ 14. SOLICITATION p A. The University warrants that it has not -employed or retained any person, company, corporation, c g individual, or firth, other than a bona fide employee working solely for the University, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide .2 employee working solely for the University, any fee, commission, percentage, gifts, or any other o oonsideiation, contingent upon or resulting from the award or making of this Agreement. For breach or z violation of this warranty, the Department shall have the right to annul this Agreement without liability, of E at its discretion, to deduct from the compensation payable under any TWO or other consideration, or L otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent o fee. a B. Pursuant to Section 210.347, F-S., the university may not expend any State funds for the purpose of O lobbying the Legislature, the judicial branch, or a state agency. rn 15. RECORDS AND DATA O r A, The University shall maintain accounting records and other evidence pertaining to the costs incurred on each TWO. This data 01 be made available for inspection by the Department, at the office of the 0 University, at dates and tithes mutually agreed to by the Department and the University, during the contract period and for five years after the date of the final payment on each TWO. A copy ofsuch records shall be furnished if requested, at the sole cost of the University. cM B, Data collected under this Agreement and each TWO, together with summaries and charts derived -Ma therefrom, shall be provided to the Department unless otherwise agreed to in writing by the parties. O C. Any TWO issued under this. Agreement and funded with federal funds shall also be subject to the LL is following provision. Records shall be maintained in accordance with Federal Acquisition Regulations N Subpart 31.104 and Office of Management and Budget (OMB) Circulars A-21 and A 1 W. By this 0 reference, said Subpart of the Federal Acquls[tlon Regulations and OMB circulars are incorporated in and C6 made a part of this Agreement. This data will be made available for inspectiori by the U.S. Department of c T ransportatlon or any authorized representative of the federal gwerriment. t ra r r Q Page 25 of 27 UFDSP00010854 24107/20i Packet Pg. 221 8.G.2.a ATTACHMENT 6 - Prime Award STATE OF FLUMA DEPPRTMEM Or 7pAk5P0ATATI0N 375-GQ44 - MASTER U141VERSITY AGREEMENT rnocU rrr OGC - 7 ili2 Page 7 n3 a 16. MISCELLANEOUS A. This Agreement and any TWO embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligaf ons other than those contained herein and in any TWO and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties to this Agreement. In the event of a conflict between this Agreement and any TWO, the TWO shall govern and control, but only to the extent of such conflicts or inconsistencies between the TWO and the specific conflicting provision in the Agreement. K It is understood and agreed by the parties that if any part, term or provision of this Agreement is by the courts held to be illegal or In conflict with any law of the State of Florida, the validity of the remaining portion or provisions shalt not be affected, and the rights and obligations of the parties -shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. C. University: shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all neW employees hired by the University during the term of the contract; and shall expressly require any subcontractors performing work or providing serv'sces pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. D. Appendix I of this Agreement `Terms of Federal Aid Contract' is applicable if the Appendix i is attached to the TWO. E. Appendix II of this Agreement 'Information Technology Resourcas° is applicable if the Appendix li is attached to the TWO. F. Appendix 1N of this Agreement'Terms for Federal Transit Administration" is applicable If the Appendix II[ is attached to the'rNO. G. In the event of any inconsistencies or conflicts between this Agreement and any Appendices attached to a TWO, the language of the attached Appendices shall control but only to the extent of such conflicts or inconsistencies between the Appendices and the specific conflicting provision In the Agreement. 17. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. u- N LO r Lh 0 N U) w a� c �a c u- 0 c 0 r O z E 0 a� O L d 0 O L) u7 0 r a� O m M Cn •L 0 LL is N c� a0 C d E L V fC r r Q Page 26 of 27 UFDSP00010854 2410712015 Packet Pg. 222 8.G.2.a ATTACHMENT 6 - Prime Award STATE OF FLOP,@A DEPARTMENT OF TPANSPORTAMN 3751040-M ry OGc— 7sf12 Fag e 8 Of a IN WITNESS WHEREOF, the parties have executed this Agreement an the day, month and year below. UNIVERSITY University of Florida By: LX& ill;:-16 Sfgnafure INLYN S. "M A.S91grANT DIREMN of Rome" Printed NaM.VERSTIY OF FLORIDA 42 Date r�- �W Legal Review STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION t nurnas %.,. a run r.r. Printed Name Chief Engineer Title k � �-1 I �l Date -- ----- For Department Use Only Procurement Review Page 27 of 27 UFDSP00010854 2410712015 Packet Pg. 223 RESOLUTION 8.G.2.b WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the US Dept. of Transportation through a Grant Agreement, in the amount of $65,000, for the TPO Florida Safe Routes to School Program Grant. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 1 st day of September, 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 001571-1540-331491-100 APPROPRIATIONS 001571-1540-599330-100 US Dept. of Transportation Project Reserves 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 1ST DAY OF SEPTEMBER 2015. $65, 000 $65, 000 ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 224 9.A.1 ITEM NO. ORD-2015-10 COUNT::] F L Q R I AGENDA REQUEST TO: Board of County Commissioners DATE: 09/01/2015 PRESENTED BY: Britton Wilson, Comprehensive Planning Coordinator SUBMITTED BY: Planning Division SUBJECT: Ordinance - Amending the Text of the Land Development Code Pertaining to the Eminent Domain Waiver Process - 2nd Hearing BACKGROUND: On January 4, 2011, the Board of County Commissioner adopted Ordinance No. 11-005, which created the Eminent Domain Waiver Process in Section 10.03.00 of the Land Development Code. This Ordinance established a waiver process for the property owner and the condemning authority to follow if an eminent domain action renders a site non -conforming to the provisions Land Development Code (such as setbacks and minimum lot sizes). The process allows for added certainty and predictability for what development is allowed on a site following an eminent domain acquisition. The waiver process follows that of a typical variance request and is granted by the Board of Adjustment. Like a variance, the approval order is only good for one year from the approval date. Being that the waivers are a result of intensive roadway projects that may span multiple years, a 12-month expiration date is found to be insufficient. Attached is a copy of a draft ordinance that would, if adopted, provide a property owner with additional time to complete the approved changes. Also attached is a letter of support from a property owner who is affected by an eminent domain action. PREVIOUS ACTION: July 16, 2015 - Planning and Zoning Commission unanimously recommended approval. August 4, 2015 - Board of County Commissioners held the first of two required public hearings. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends adoption of the proposed text amendment amending provisions of the Eminent Domain Waiver section of the Land Development Code. Packet Pg. 225 9.A.1 COMMISSION ACTION: Coordination/Signatures L e I on, Plan ing Manager 7/23/2015 r ianie/S. McIntyre, C my ttorney 7/27/2015 Updated: 8/20/2015 2:45 PM by Donna Calise Page 2 Packet Pg. 226 9.A.1.a 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 43 44 45 46 ORDINANCE 15-010 FILE NO.: TLDC 420154861 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 10.03.00 EMINENT DOMAIN WAIVERS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. On June 18, 2015, the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing due notice in the St. Lucie News Tribune and recommended that the proposed ordinance be forwarded with a recommendation for approval. 3. On August 4, 2015, this Board held its first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 4. On September 1, 2015, this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 5. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE ARE TO READ AS FOLLOWS: 10.03.00. - EMINENT DOMAIN WAIVER An eminent domain waiver is intended to provide property owners a viable and fair alternative to the adverse impact on their property, as a result of an eminent domain action. It allows the continued use of the remainder parcel in a manner similar to its pre -acquisition condition. Waivers provided herein Packet Pg. 227 9.A.1.a 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance No. 15-010 File No.: TLDC 420154861 Page 2 can be obtained for nonconforming lots and structures. Waivers cannot be granted for nonconforming uses. Sections 10.03.00 and 10.03.01 shall be applicable only after the Board of County Commissioners adopts a resolution approving the use of eminent domain waiver for specific public projects. The County will mail notification via ^o.+ified— mom' to the owners of property owner located in unincorporated St. Lucie County and the acquiring authority (if the County is not the acquiring authority) at least ten (10) days prior to the meeting date for the resolution to be considered by the Board of County Commissioners. A.- D.<unchanged> 10.03.01. - Status of parcels during or after acquisition by eminent domain action. A.-B.<unchanged> C. Where a private property owner accepts a waiver based upon a cure plan, the physical changes to the remainder parcel, specified in the cure plan, shall occur within 365 days from the later of (1) the date the acquiring authority takes an interest in or title to some part of the parent tract, or 2 the date project construction is completed by the condemning authority, or (3) the date that all license or temporary easement interests of the condemning authority affecting the area(s) to be cured have terminated or expired. Future site plan and building permit approvals shall comply with all provisions in the Land Development Code except those listed in the waiver. Within the 365 day time period described above, the property owner may apply to the County Administrator for a one time extension of up to 365 additional days. Further extensions may be granted by the County Administrator only in the event that compensation from the condemning authority has not been resolved within the first two 365 day periods. D.-E.<unchanged> PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. Underline is for Addition S•F"�"•oug : is for Deletion Packet Pg. 228 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 9.A.1.a Ordinance No. 15-010 File No.: TLDC 420154861 Page 3 PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. 1:7_1:ii�� =1J;11*41VA:817_A114 This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Paula Lewis, Chair XXX Kim Johnson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Tod Mowery, Commissioner XXX Frannie Hutchinson, Commissioner XXX 1 :r_1:49:1� 001LIN 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 intention; provided, however, that Parts B through H shall not be codified. Attest: PASSED AND DULY ENACTED this 1st day of September, 2015 Deputy Clerk Board of County Commissioners St. Lucie County, Florida By: Chair Approved As To Form and Correctness: By: County Attorney Underline is for Addition S•F"�"•oug : is for Deletion u Packet Pg. 229 9.A.1.b 10.03.00. - EMINENT DOMAIN WAIVER An eminent domain waiver is intended to provide property owners a viable and fair alternative to the adverse impact on their property, as a result of an eminent domain action. It allows the continued use of the remainder parcel in a manner similar to its pre -acquisition condition. Waivers provided herein can be obtained for nonconforming lots and structures. Waivers cannot be granted for nonconforming uses. Sections 10.03.00 and 10.03.01 shall be applicable only after the Board of County Commissioners adopts a resolution approving the use of eminent domain waiver for specific public projects. The County will mail notification via certified mail to the property owner and acquiring authority (if the County is not the acquiring authority) at least ten (10) days prior to the meeting date for the resolution to be considered by the Board of County Commissioners. A. Applicability. Vacant parcels, whether conforming or non -conforming lots, shall be eligible for an eminent domain waiver from, including, but not limited to, minimum lot size requirements, pursuant to Section 10.03.00, Land Development Code. 2. Developed parcels. Where an eminent domain action reduces the lot size and creates a nonconforming remainder parcel but does not require the relocation of site features, said parcel shall be eligible for an eminent domain waiver from the Land Development Code such as but not limited to, minimum lot size, and building coverage requirements, pursuant to Section 10.03.00, Land Development Code. 3. Developed parcels. Where an eminent domain action requires the relocation of site features such as but not limited to, buildings, parking spaces, landscaping, storm water facilities, dumpsters, light poles and signs such a parcel shall be eligible for an eminent domain waiver, pursuant to Section 10.03.00, St. Lucie County Land Development Code. B. The acquiring authority and/or the property owner are each hereby granted the authority to apply for a waiver from the Land Development Code on a remainder parcel that has resulted or will result from an eminent domain action. The application may be made prior to or after the acquiring authority obtaining title to some part of the parent tract. C. Procedure to apply for an eminent domain waiver. Either the acquiring authority or the property owner shall file for an eminent domain waiver application within six (6) months from the entry of an Order of Taking with the County Administrator or designee. The applicable fee, established by resolution, shall be submitted with the application in addition to the following documents: A boundary survey prepared according to the current standards of Chapter 5J-17, Florida Administrative Code, as may be amended, of the parent tract and a legal description of the portion to be acquired and the remainder parcel shall be submitted o for those circumstances described in Section 10.03.00A above. The boundary survey J shall show the parent tract and the remainder parcel including, but not limited to, buildings, parking, landscaping, sprinkler systems, storm water facilities, wells and Q septic systems, lighting features, fences, signage, easements of record, adjacent rights Gj of ways and topographic data. a� A site plan (a cure plan as defined herein) showing the parent tract and the remainder z parcel with the proposed changes to the site including, but not limited to, buildings, r parking, landscaping, storm water facilities, topographic data and adjacent right-of-way. Q A cure plan shall be required only for those parcels described in Section 10.03.00A3 above. 2. If an application for a waiver is submitted by an acquiring authority, the property owner shall be mailed notification via certified mail (return receipt requested) by the County Administrator or designee within ten (10) days of the application submittal date. Likewise, if the property owner applies for a waiver, the acquiring authority shall be mailed notification via certified Page 1 Packet Pg. 230 9.A.1.b mail (return receipt requested) by the County Administrator or designee within ten (10) days of the application submittal date. 3. After the Board of County Commissioners adopts a resolution approving the use of eminent domain waiver for a specific project, the Board of Adjustment (BOA) shall consider the request for an eminent domain waiver at a public hearing. The public hearing may be continued by the BOA to a fixed date, time and place. After the conclusion of the public hearing, the BOA shall approve, approve with modifications or deny the request for an eminent domain waiver by resolution which shall constitute the final action of the BOA. The property owner shall not be required to implement the waiver or cure plan approved by the BOA. D. Standards of issuance of eminent domain waivers. If an existing lot, parcel or structure becomes nonconforming (or an existing nonconformity becomes less conforming) as a result of a governmental acquisition, a waiver may be granted provided a determination is made that: a. The requested waiver shall not adversely affect safety, aesthetic or environmental conditions of neighboring properties; and b. The requested waiver shall not adversely affect the safety of pedestrians or operations of motor vehicles; and c. The requested waiver will not encourage or promote the continuation of existing uses of the property which have been or will be rendered unfeasible or impractical due to the impacts of the taking and/or construction of the roadway or other facility including, but not limited to, aesthetic, noise, dust, vibration, safety, land use compatibility, environmental or other impacts. d. The remainder parcel shown on the As -built drawing and the cure plan shall be the site on which compliance with the Land Development Code must be shown. All calculations shall be based upon the acreage of the remainder parcel. 2. Eminent domain waivers are not restricted by the variance limitations in Section 10.01.03 of the St. Lucie County Land Development Code. (Ord. No. 11-005, Pt. C, 2-1-2011) 10.03.01. - Status of parcels during or after acquisition by eminent domain action. vi U A. Where a waiver is issued pursuant to Section 10.03.00, Land Development Code, the waiver shall o become effective and the remainder parcel shall be considered compliant to the degree feasible after an acquiring authority takes interest in or title to real property subject to an eminent domain action. B. Where a property owner accepts a waiver on a vacant parcel or where no cure plan was necessary, the waiver shall remain valid and applicable to the remainder parcel indefinitely. However, future site plan and building permit approvals shall comply with all provisions in the Land Development Code E except those listed in the waiver. For developed parcels, the extent to which a remainder parcel has M received specific exceptions listed in a waiver, those exceptions may not be increased or expanded f° by future development plans, site plans or building permits. Q C. Where a private property owner accepts a waiver based upon a cure plan, the physical changes to the remainder parcel, specified in the cure plan, shall occur within three hundred sixty-five (365) days from the date the acquiring authority takes an interest in or title to some part of the parent tract. Future site plan and building permit approvals shall comply with all provisions in the Land Development Code except those listed in the waiver. Within the three hundred sixty-five (365)-day time period, described above, the property owner may apply to the County Administrator for a one (1) time extension of up to Page 2 Packet Pg. 231 9.A.1.b three hundred sixty-five (365) additional days. Further extensions may be granted by the County Administrator only in the event that compensation from the condemning authority has not been resolved within the first two (2) three hundred sixty-five (365)-day periods. D. The provisions of Section 10.03.00, Land Development Code shall not be interpreted to allow for the continued existence of building or safety code violations that are determined to be a threat to the public health, safety or welfare. E. The County shall continue to enforce all applicable building and safety codes even through the subject property is part of a pending governmental acquisition. (Ord. No. 11-005, Pt. C, 2-1-2011) Q Page 3 Packet Pg. 232 9.A.1.c From: "Richard V. Neill, Jr." <rneillir@neillgriffin.com> Date: July 13, 2015 at 12:57:27 PM EDT To: Daniel McIntyre <mcintyred@stlucieco.org>, <OlsonL@stlucieco.org> Cc: <satterleem@stlucieco.org>, Stephanie Bush <bushs@stlucieco.org> Subject: Eminent Domain Waiver Amendment Dear Dan and Leslie: I note that the amendment to the eminent domain waiver process is before the Planning and Zoning Commission this week. I am having minor surgery in Jacksonville on Wednesday and am not positive that I will be able to attend the hearing. Accordingly, I wanted to ask that this e-mail be filed or submitted in relation to this matter. I represent multiple property owners who have been involved in the eminent domain waiver process; and, at least one of them very much wants to implement the Cure Plan which has been proposed by the Department of Transportation and approved by the Board of Adjustment. Implementing a cure within a year, or within a one-year extension, as currently required, is not practical because of timing. We anticipate that the taking will occur in September but, according to the Department's discovery responses, construction will extend into 2019; and, proceeding to implement the Cure Plan before the end of construction does not make sense. Moreover, in this particular case, the Department is "requesting" a license agreement which will encumber a significant portion of the property on which the cure will be implemented; and, according to its terms, the license will remain in effect until May, 2020, or conclusion of the construction of the project. Such circumstances support the proposed revision to the domain waiver process. I would urge approval. With best regards. Richard V. Neill, Jr. Richard V. Neill, Jr. Neill Griffin Tierney Neill & Marquis Post Office Box 1270 Ft. Pierce, FL 34954 Telephone: 772-464-8200 Fax: 772-464-2566 rneillir@neillgriffin.com Packet Pg. 233 9.A.1.d ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA September 1, 2015 NOTICE OF PROPOSED TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by ordinance: ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 10.03.00 EMINENT DOMAIN WAIVERS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. APPLICANT: St. Lucie County Board of County Commissioners FILE NUMBER: TLDC 420154861 PURPOSE: This ordinance amends the established Eminent Domain Waiver process by extending the amount of time allowed for the required improvements to be made by the property owner. On January 4, 2011, the Board of County Commissioner adopted Ordinance No. 11-005, which created the Eminent Domain Waiver Process in Section 10.03.00 of the Land Development Code. This Ordinance established a waiver process for the property owner and the condemning authority to follow if an eminent domain action renders a site non -conforming to the Land Development Code provisions. The process allows for added certainty and predictability for what development is allowed on a site following an eminent domain acquisition. The second of two PUBLIC HEARINGS on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, September 1, 2015 beginning at 6:00 pm or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department — Planning offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require additional information about this petition. Form 11-05 BOCC Display Ad- No Map Packet Pg. 234 9.A.1.d 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 /S/ PAULA LEWIS, CHAIR PUBLISH DATE: August 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 Form 11-05 BOCC Display Ad- No Map Packet Pg. 235 9.A.2 ITEM NO. RES-2015-153 TO: DATE: 09/01/2015 AGENDA REQUEST *PUBLIC HEARINGS\PLANNING & DEVELOPMENT SERVICES Board of County Commissioners Jeffrey Johnson, Senior Planner QUASI-JUDICIAL SUBMITTED BY: Planning Division SUBJECT: Resolution - Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential — 1) to PNRD (Planned Non -Residential District), Preliminary/Final PNRD Site Plan, and a Conditional Use Permit for a Specialty Hospital (Drug Addiction and Alcoholism Rehabilitation) on 12.7 acres located approximately % mile north of Midway Road on the east side of South 25th Street BACKGROUND: GENERAL INFORMATION Applicant/Property Owner Mark 2 Properties, Inc. - Dennis Nystrom Agent for Applicant Tally Engineering, Inc. - Pirooz Borojerdi Location 4560 South 251" Street Parcel ID Number 2433-333-0001-000-6 Parcel Size 12.7 acres Existing Uses Single Family Residence Proposed Use(s) Specialty Hospital - Drug Addiction and Rehabilitation Wetlands None Urban Service Boundary Inside Existing Land Use and Zoning (Subject Property): Future Land Use Zoning Existing Use(s) RS (Residential Suburban - 2 du/acre) AR-1 (Residential, Agricultural - 1 du/acre) Single Family Residence Land Use and Zoning (Surrounding Property): Future Land Use Zoning Existing Uses) Packet Pg. 236 9.A.2 North P/F (Public Facilities) I (Institutional) Religious Facility South RS (Residential Suburban - 2 AR-1 (Agricultural, Vacant du/acre) Residential - 1 du/acre) East R/C (Residential, R/C (Residential, Single Family Conservation - 1 du/5 acres) Conservation - 1 du/5 acres) Residence West RL (Residential, Low Density - PUD (Planned Unit Single Family 6.5 du/acre) Development) Residences (Oak Alley Subdivision - City of Fort Pierce) BACKGROUND INFORMATION Mark 2 Properties, Inc. is requesting an Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential - 1) to PNRD (Planned Non -Residential Development), Preliminary/Final PNRD Site Plan and a Conditional Use Permit for a Specialty Hospital (Drug Addiction and Alcoholism Rehabilitation) on 12.7 acres of land located approximately % mile north of Midway Road on the east side of South 25th Street The applicant indicates this specialized rehabilitation facility will serve the adult populations locally and throughout the country that are affected with substance abuse problems. The applicant indicates that on -site medical treatment and counseling will be provided that focuses on evidence -based and holistic care to foster long term recovery. The proposed facility is comprised of the following uses (see attached site plan and architectural building elevations): Medical Treatment Offices (33,193 s.f.) 80 beds (32,506 s.f - maximum stay of 60 days) Dining Facilities and Gymnasium (8,665 s.f. ) Executive Suite (5,453 s.f. - existing single family residence) On June 25, 2015, the applicant held a neighborhood meeting with property owners within 500 feet of the subject property, including all real property owners in the Winding Creek and Oak Alley subdivisions. Approximately 50 residents in the area attended the meeting with concerns mainly pertaining to land use compatibility, safety/security issues and traffic. PLANNING AND ZONING COMMISSION MEETING The Planning and Zoning Commission held a public hearing on July 16, 2015 and recommended that the Board of County Commissioners deny (5-3, vote) the request. Approximately a dozen area residents were primarily concerned with 1) the project size; 2) compatibility with the existing residential land use; 3) property values and 40 security. To address concerns with the project's incompatibility, the applicant has provided building elevations that incorporate architectural design elements that are in keeping with a multi -family building typology, including gable front roofs, palladian windows, cornices and balconies. The applicant also modified the landscape plan to increase the height of the proposed live oak trees to 20 feet along the front and south side property lines. Updated: 8/24/2015 3:35 PM by Donna Calise A Page 2 Packet Pg. 237 9.A.2 At the request of the Planning and Zoning Commission, the applicant has provided a hurricane evacuation plan, a security statement and data on employment. AMENDMENT TO THE OFFICIAL ZONING ATLAS STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LDC Section 11.06.03 of the St. Lucie County Land Development Code establishes the standards for reviewing amendments to the Official Zoning Atlas. In reviewing the application of a proposed amendment to the Official Zoning Atlas, the Board of County Commissioners and the Planning and Zoning Commission shall consider: A. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code, The proposed zoning change is not in conflict with any provisions of the Land Development Code. The Amendment to the Official Zoning Atlas is being requested to rezone the subject parcel from AR-1 (Agricultural, Residential - 1) to PNRD (Planned Non -Residential Development) which is consistent with the RS (Residential Suburban - 2 du/acre land use). Pursuant to LDC, Section 7.02.02 - Permitted Uses for Planned Non Residential Development, properties located in any residentially classified land use area, shall be subject to the permitted uses and conditional uses identified in the Commercial Neighborhood (CN), Commercial Office (CO) and Institutional (1) zoning districts. The proposed use, "Specialty Hospital (Drug Addiction and Alcoholism Rehabilitation) - SIC 8069 is listed as a conditional use in the Institutional zoning district. A site plan requires that the proposed development comply with applicable Land Development Code requirements such as landscaping, buffering, building design, traffic circulation, parking, etc. B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed zoning change to PNRD (Planned Non -Residential Development) is consistent with the St Lucie County Comprehensive Plan. The Future Land Use for the subject property is RS (Residential Suburban - 2 du/acre), which allows for commercial office, commercial neighborhood and institutional uses. According to Table 1-3 in the Comprehensive Plan, Land Use Designation/Zoning District Compatibility Chart, the proposed PNRD zoning district is compatible with the RS land use designation. Therefore, a Comprehensive Plan Amendment to change the future land use is not required. C. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The PNRD zoning district is requested to achieve non-residential land development of superior Updated: 8/24/2015 3:35 PM by Donna Calise A Page 3 Packet Pg. 238 9.A.2 quality through the encouragement of flexibility and creativity in design and is consistent with the existing zoning and proposed land uses. Particular attention to architecture, buffering and landscaping has been required to assure compatibility with the surrounding built environment which includes single family residential properties and medical offices and religious facilities. Staff has identified concerns regarding the scale of the two-story medical office building fronting South 25th Street. This scale is one of the most massive buildings, with the exception of the Fort Pierce Central High School on 25th Street between Virginia Avenue and Midway Road. Staff recommended that the office building be reduced in size, but the applicant indicated that the size was necessary for their needs. The Board may want to consider requiring this building to be reduced in mass and scale. D. Whether there have been any changed conditions that require an amendment; The properties developed within % mile of the property primarily consist of places of worship, medical office facilities and single family homes (which have been established over the past few decades.) The most recent change occurred in 2005 with the development of the Oak Alley single family gated subdivision which is located to the west, across South 25th Street and was recently annexed into the City of Fort Pierce. As of date, approximately 15 of the 57 single family lots in this subdivision are occupied. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities, The intended use for this rezoning is not expected to create significant additional demands on any public facilities. The subject property lies in the urban services boundary where the demands on public facilities such as water and wastewater service are met. The applicant's drainage plan complies with South Florida Water Management District and St. Lucie County stormwater permitting requirements. The transportation along this portion of South 25th Street operates at an acceptable level of service "B" and the applicant has agreed to provide an easement for future mass transit shelter. F. Whether and the extent which the proposed amendment would result in significant adverse impacts on the natural environment, The proposed amendment is not anticipated to create significant impacts on the natural environment. Please see the attached Final Report from the Environmental Resources Department finding no adverse impacts on the natural environment. G. Whether and the extent to which the proposed amendment would adversely affect property values in the area; The proposed zoning change to PNRD allows for maximum control on the design of a given use on Updated: 8/24/2015 3:35 PM by Donna Calise A Page 4 Packet Pg. 239 9.A.2 the site to ensure a logical integration into the fabric of the neighborhood. The PNRD zoning district requires that a site plan be processed concurrently in the public hearing process to promote a development that is of stable character and assures compatibility with the surrounding land uses and structures. The proposed site plan places the medical office use at the front of the site, facing 25th Street. The hospital uses are located to the rear of the site, which is appropriate for the quiet, rehabilitative work of the facility. H. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns, The proposed zoning and uses would result in an orderly and logical pattern in the nearby vicinity. The existing non-residential uses within 750 feet of the subject property are comprised of places of worship (First Baptist Church, Salem Church of God and Bible Baptist Church) and 21,120 s.f. of medical offices located in the White City Professional Park. South 25th Street was widened to a 4 lane divided arterial in 2005. Since this time the trend in development has been away from large lot residential and towards office commercial and religious facilities. Residential development has occurred primarily through subdivisions using 25th Street for access and not road frontage. Although the proposed two-story medical office building exceeds the height of the existing one- story institutional and medical office buildings in the nearby vicinity, it should not be visible from the single family residential homes in the Oak Alley subdivision that lies directly to the west. The medical office building is over 310 feet away from any existing or proposed single family home which are protected by a minimum 125 foot landscape buffer consisting mature oak trees adjacent to 251" Street. 1. Whether the proposed amendment would be in conflict with the public interest and is in harmony with the purpose and intent of this Code; and The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. The proposed PNRD (Planned Non Residential Development) zoning district is compatible with the RS (Residential Suburban - 2 du/acre) land use designation. A PNRD site plan has been required to design a development or project that will not conflict with the public interest and is in harmony with the surrounding development. J. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. The Planning and Zoning Commission and the Board of County Commissioners may raise other matters regarding this proposed amendment to the Official Zoning Atlas PRELIMINARY/FINAL SITE PLAN AND CONDITIONAL USE PERMIT STANDARDS OF REVIEW AS SET FORTH IN THE LAND DEVELOPMENT CODE Sections 11.02.07 and 11.07.03, establish the Standards for Review for Site Plans and Conditional Use Permits, respectively. The applicant shall demonstrate the following: Updated: 8/24/2015 3:35 PM by Donna Calise A Page 5 Packet Pg. 240 9.A.2 A. Consistency with Land Development Code and Comprehensive Plan The proposed development and uses are not in conflict with any applicable portions of the St. Lucie County Land Development Code (LDC) or St. Lucie County Comprehensive Plan. The applicant submitted an Amendment to the Official Zoning Atlas and a Preliminary/Final PNRD Site Plan concurrently to demonstrate compliance with LDC and Comprehensive Plan requirements. By processing both petitions concurrently, it allows for flexibility in design and specifically ties the zoning to the uses on the subject property. LDC, Section 7.02.02 - Uses for Planned Non Residential Developments, requires that the uses on the subject property shall be restricted to permitted and conditional uses in the Commercial Neighborhood, Commercial Office and Institutional zoning district as identified in LDC, Section 3.01.01. These zoning district uses are considered compatible with the underlying RS (Residential, Suburban -2 du/acre) future land use. B. Effect on Adjacent Properties The proposed conditional use permit is not anticipated to have an adverse impact on adjacent properties. The proposed use will not generate excessive noise, odor, glare or dust impacts, as the activities commonly associated with a specialized hospital or treatment facility are conducted indoors and are relatively quiet in nature. The proposed buildings, including the existing single family home that will be used as an executive suite do not exceed the maximum 35 foot building height requirement found in other residential zoned districts. The two-story medical office treatment building located in the front will screen the accessory buildings in the rear (temporary living, dining facility and gymnasium) from 25tb Street. The design of the building consists of vertical and horizontal relief with architectural elements consisting of a stucco finish with a brick knee wall, earth toned exterior paint colors, tile roofs, and bronze tinted glass. All roof mounted equipment is required to be concealed from view at ground level. Exterior signage is limited to one (1) sign on the subject property, either a monument or wall sign. Conditions of approval are established in the Resolution to provide assurance that the proposed use, and any future change in development or use of the property does not negatively impact the neighborhood. The conditional use permit for the proposed use may be revoked by the Board of County Commissioners upon complaint and proof of adverse effect on adjacent properties. Furthermore, any change in use or increase in density or building size from the approved Final PNRD Site Plan requires a public hearing, with a review and final decision by the Board of County Commissioners. C. Adequacy of Public Facilities The proposed development and its use are not expected to create significant additional demands on any public facilities in this area. All public facilities are expected to operate within the adopted Level of Service Standards as set forth by the St. Lucie County Land Development Code and Comprehensive Plan. The subject property is located inside the urban service boundary and any development will be required to connect to Fort Pierce Utilities water and wastewater service. No impacts to public schools or parks are anticipated. Updated: 8/24/2015 3:35 PM by Donna Calise A Page 6 Packet Pg. 241 9.A.2 The South 251h Street corridor between Midway Road and Bell Avenue consist of 4 lanes and is an Urban - Principal Arterial as defined in the St. Lucie County Comprehensive Plan. This segment operates at an acceptable level of service "B" with traffic counts averaging 16,000 per day (Source: Traffic Counts and Level of Service Report, Fall 2013). The County's traffic consultant, Kimley-Horn has reviewed the Traffic Statement for the proposed use and has provided the following comments: The proposed use generates 220 daily trips and 18, two-way PM peak hour trips (6 inbound and 12 outbound); Based on the expected trip generation for the proposed development, left and right ingress turn lanes are not required. The development is expected to have a de minimis impact on County transportation facilities as project traffic constitutes less than one (1) percent of the adjacent roadway segment's maximum service volume at its adopted level of service. The Residential Suburban future land use (2 du/acre) allows for residential development with a density of up to 25 dwelling units on the subject property. The average number of daily trips based on this residential density is 238, 18 trips less than the proposed development. The applicant has provided a northbound right turn lane for ingress and an 8' x 20' easement to accommodate a future transit shelter with amenities adjacent to 25th Street which has been identified as a future transit corridor in the soon to be adopted Transit Development Plan (TDP) between Fort Pierce and Port St. Lucie. A condition of approval requires the property owner to record this easement and maintain the transit shelter in perpetuity. D. Adequacy of Fire Protection The St. Lucie County Fire District has reviewed and has no objection for the proposed use or development. The closest Fire Station (Fire Station # 6 - 350 E Midway Road) is located approximately 2 miles to the east in White City. The applicant has submitted plans to the Fire District for their review and will be obligated to meet the State Fire Prevention Code requirements for this project. E. Environmental Impact The Environmental Resources Department has reviewed the application and submitted the following report: Background The Environmental Resources Department (ERD) received the Planning and Development Services' June 17, 2015 date -stamped re -submittal. The applicant requests Planned Non-residential Development and Conditional Use Permit approval in order to construct a specialty hospital (drug addiction and alcohol rehabilitation). The facility will house approximately 40 patients for drug and alcohol rehabilitation, which is to be supported by a separate clinic and office space, dining facility, gym facility, as well as a swimming pool. The 12.7-acre site is at 4560 South 25th Street. The site consists of a residential home with a pond Updated: 8/24/2015 3:35 PM by Donna Calise A Page 7 Packet Pg. 242 9.A.2 and scattered native vegetation including, slash pines, cypress, live and laurel oaks along with pastureland. No intact habitat remains onsite. Findings No native intact habitat is present. The proposed plan will impact two (2) live oaks and one (1) laurel oak totaling 111 inches diameter at breast height. Mitigation for these impacts has been provided through preservation in excess of 280 inches diameter at breast height of native live and laurel oaks in addition to relocation of all sabal palms within the development footprint and relocation of two (2) live oaks totaling 63 inches diameter at breast height. A tree relocation plan including proper relocation techniques has been reviewed and approved by the Environmental Resources Department. There are no wetlands or listed species present onsite. A landscape plan consistent with Land Development Code 7.09.04 has been reviewed and approved by the Environmental Resources Department. The minimum required ten (10) foot wide landscape buffer as required by Land Development Code 7.09.04.B. that is adjacent to the north (side) property line has been reduced to five (5) feet in width. To mitigate this loss in buffer width the applicant has supplemented small trees species (wax myrtles) in this affected area that exceed minimum planting requirements. The applicant has provided a signed consent form from the adjacent property owner to the north allowing for a waiver from the wall requirement of Land Development Code 7.09.04.E. The existing pond will be planted with appropriate littoral and upland buffer plantings. In addition the applicant has propped a native wildflower planting area along the southern property boundary. PREVIOUS ACTION: 07/16/2015, the Planning and Zoning Commission held a public hearing and recommends denial (5-3, vote) of the request to the Board of County Commissioners for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation). FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends approval to the Board of County Commissioners for an Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential -1) to PNRD, Preliminary/Final PNRD Site Plan and Conditional Use Permit for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation). COMMISSION ACTION: Updated: 8/24/2015 3:35 PM by Donna Calise A Page 8 Packet Pg. 243 9.A.2 Coordination/Signatures I e Aon, Plan 11 ng Manager 8/20/2015 Danie 5. McIntyre, Cgifnty ttorney 8/24/2015 Updated: 8/24/2015 3:35 PM by Donna Calise A Page 9 Packet Pg. 244 Board of County Commissioners Hearing Date September 1, 2015 Applicant Mark 2 Properties, Inc. Dennis Nystrom 727 Arbor Court Bloomfield Hills, MI 48304 Agent for Applicant Tally Engineering Pirooz Borojerdi 1806 Flamingo Rd., Suite 300 Pembroke Pines, FL 33028 Location 4560 South 25th Street Future Land Use RS (Residential, Suburban - 2 du/ acre) Existinq Zoning AR-1 (Residential, Agricultural - 1) Proposed Zonin_g PNRD (Planned Non Residential District) Planning & Zoning Commission Recommendation On July 16, the Planning and Zoning Commission held a public hearing and recommended denial of the request (5-3, vote) to the BOCC. Staff Recommendation Forward a recommendation of approval to the Board of County Commissioners to rezone the property from AR-1 to PNRD, Preliminary/Final PNRD Site Plan, and a Conditional Use Permit for a specialty hospital (drug addition and alcohol rehabilitation). ALocation Life Ca sa�a Amendment to the Official Zoning Atlas, Preliminary/Final Planned Non -Residential Site Plan and Conditional Use Permit File Numbers: PNRD 520154870 and CU 620144785 RF F PNRD----------. AR-1 1 // co co liC6� I AG-1 500R notmtlon area ' St. Lucie County Zaning RF-Rell Facilities glows �I -. - sill pa-i AS :Agricultural (1 tl l ) AR 1 Ag - It ral R tl f (t tlulac) CO C 'a10ff R5 3 Residential Single Family (3 tlu/ac) Forte Z ing s, '' V CPgB C at P 61 E2 Resident -ISingle Family (2 War) A Fart Pi—e I ttt l puo RI dunit oe"idpmeni N June 22. 2015 PNRD RlanoedN ,-Re deoilalD—llopmed Ri s gl F iym-Densry{a dway ep prepared Project Description The applicant is requesting an Amendment to the Official Zoning Atlas from AR-1, (Agricultural, Residential — 1) to PNRD (Planned Non -Residential Development) Zoning District, Preliminary/Final PNRD Site Plan and a Conditional Use Permit for a proposed specialty hospital (drug addiction and alcohol rehabilitation) on a 12.7 acre parcel. The hospital facility will consist of: • Medical Offices (33,193 s.f.) • 80 beds (max. stay 60 days) • Dining and Gym (8,665 s.f.) • Executive Suite (5,453 s.f.) The subject property lies within the Urban Services Boundary with FPUA providing water and wastewater service for the proposed project. Notice Requirements Notice in accordance with Land Development Code, Section 11.00.03 was placed in the St. Lucie News Tribune on August 1, 2015, letters were mailed to property owners within a 500 foot radius and a sign was installed on the property. Plannina & Zonina Commission Recommendation On July 16, 2015, the Planning and Zoning Commission held a public hearing and recommends denial of the request (5-3, vote) to the BOCC. Staff Recommendation Board adoption of a Resolution granting approval to amend the Official Zoning Atlas from AR-1 to PNRD, Preliminary and Final PNRD Site Plan and a Conditional Use Permit for a specialty hospital. Packet Pg. 245 9.A.2.b 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 RESOLUTION 2015 -XXX File Number(s): PNRD 520154870 and CU 620144785 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS FROM AR-1 (AGRICULTURAL, RESIDENTIAL — 1) TO PNRD (PLANNED NON-RESIDENTIAL DISTRICT), PRELIMINARY/FINAL PNRD SITE PLAN, AND A CONDITIONAL USE PERMIT FOR A SPECIALTY HOSPITAL (DRUG ADDICTION AND ALCOHOL REHABILITATION) ON 12.7 ACRES FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: CHANGE IN ZONING 1. Mark 2, Properties, Inc. presented a petition for an Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential — 1) to PNRD (Planned Non - Residential District), located at 4560 25t" Street for certain property in St. Lucie County, Florida, as depicted on the attached map as Exhibit "A" and described in Part "A" below. 2. On July 16, 2015, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing and recommended that the Board of County Commissioners deny the hereinafter described request for the property described in Part "A". 3. On September 1, 2015, this Board held a public hearing on this petition after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing. 4. The proposed zoning change is consistent with the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. File Numbers: PNRD 520154870 and CU 620144785 Resolution No. 2015 - XXX September 1, 2015 Page 1 Packet Pg. 246 9.A.2.b 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 SITE PLAN 5. Mark 2 Properties, Inc. presented a Preliminary and Final PNRD Site Plan comprised of the following building improvements and associated uses for the property depicted in the attached map as Exhibit "A" and described in Part "C" below. • Medical Treatment Offices (33,193 s.f.) • 80 Beds • Dining Facility, Gymnasium and Swimming Pool (8,665 s.f.) • Executive Suite (5,453 s.f.) 6. On July 16, 2015 St. Lucie County Planning and Zoning Commission held a public hearing on the Preliminary and Final PNRD Site Plan petitions, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing and recommended that the Board of County Commissioners deny the hereinafter described request for the property described in Part "A". 7. On September 1, 2015 this Board held a public hearing on this petition after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing. 8. The St. Lucie County Development Review Committee has reviewed the Preliminary and Final PNRD Site Plan for the project and found it to meet the technical requirements and to be consistent with the Future Land Use Map of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part "C" of this Resolution. 9. 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. 10. 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. 11. The propose project will be constructed, arranged and operated so as not to interfere with the development and use of the neighboring properties, in File Numbers: PNRD 520154870 and CU 620144785 September 1, 2015 Resolution No. 2015 - XXX Page 2 Packet Pg. 247 9.A.2.b 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 accordance with applicable district regulations. 12. The proposed project will be served by Fort Pierce Utilities Authority water and wastewater. CONDITIONAL USE PERMIT 13. Mark 2 Properties, Inc. presented a petition for a Conditional Use Permit to allow for a Specialty Hospital (Drug Addiction and Alcoholism Rehabilitation) as per SIC 8069 comprised of the following uses listed below for the property depicted on the attached map in Exhibit "A" and described in Part "I" below: • Medical Treatment Offices (33,193 s.f.) • 80 Beds • Dining Facility & Gymnasium (8,665 s.f.) • Executive Suite (5,453 s.f.) 14. On July 16, 2015 the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing and recommended that the Board of County Commissioners deny the hereinafter described request for the property described in Part "A". 15. On September 1, 2015 this Board held a public hearing on this petition after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing. 16. The Conditional Use Permit, with the conditions therein, is consistent with the goals, objectives and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 17. The use will not have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. 18. All reasonable steps have been taken to minimize any adverse effect the use may have on the immediate vicinity through building design, site design, landscaping and screening. File Numbers: PNRD 520154870 and CU 620144785 September 1, 2015 Resolution No. 2015 - XXX Page 3 Packet Pg. 248 9.A.2.b 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 19. The use is arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with the applicable district regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: CHANGE IN ZONING A. The property on which the Change in Zoning from AR-1 (Agricultural, Residential -1) to PNRD (Planned Non -Residential District) is being granted is described as follows: Legal Description: The Southwest 1/4 of the Southwest 1/4, less the North 800 feet and less the west 40 feet, and the South 78 feet, Section 33, Township 35 South, Range 40 East, St. Lucie County, FL. Parcel ID Number: 2433-333-0001-000-6 B. The St. Lucie County Planning and Development Services Director shall be authorized to amend the Official Zoning Map to change the zoning of the property herein described, from AR-1 (Agricultural, Residential — 1) to PNRD (Planned Non -Residential District) and to make notation of the reference to the date of adoption of this resolution. CITP DI AAI C. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Planned Non -Residential Development Preliminary and Final Site Plan for the project known as Nu Way Life Recovery Center is hereby approved as shown on the site plan drawings prepared by Tally Engineering, Inc., dated , 2015 and date stamped received by the St. Lucie County Planning and Development Services Department on , 2015 and is described as follows: Legal Description: The Southwest 1/4 of the Southwest 1/4, less the North 800 feet and less the west 40 feet, and the South 78 feet, Section 33, Township 35 South, Range 40 East, St. Lucie County, FL. Parcel ID Number: 2433-333-0001-000-6 File Numbers: PNRD 520154870 and CU 620144785 September 1, 2015 Resolution No. 2015 - XXX Page 4 Packet Pg. 249 9.A.2.b 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 The Final PNRD Site Plan is subject to the following conditions: Environmental Resources Department 1. 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, addressing vegetation protection measures. 2. All other applicable state or federal permits must be obtained before commencement of the development. Public Works Department, Engineering Division 3. Prior to the issuance of a Building Permit, final on -site construction plans shall be submitted to the Engineering Division for review and approval. 4. Prior to the issuance of a Building Permit, the applicant shall obtain a St. Lucie County right-of-way permit for all off -site construction activities (right - turn lane and sidewalk). 5. Prior to the issuance of a Right -of -Way Permit, the applicant shall execute a Road Improvement Agreement with St. Lucie and submit a surety for the proposed public improvements. The amount of surety shall bell 5% of the engineer's estimate of probable cost. Form of surety shall be approved by the County Attorney. The Agreement shall be approved and signed by the County Administrator or designee. 6. Prior to the issuance of a Building Permit, the applicant shall execute a Road Improvement Agreement with St. Lucie County and provide the required surety for the proposed off -site improvements. 7. Prior to the issuance of a Certificate of Occupancy, the applicant shall submit a final certification package, which shall include the signed and sealed engineer's certificate of completion together with record drawings signed and sealed by a Florida licensed surveyor and mapper and all supporting geotechnical test data for the constructed off -site improvements. 8. Prior to the issuance of a Certificate of Occupancy, the constructed off -site improvements shall be conditionally accepted by the St. Lucie County Board of County Commissioners. 9. Prior to the issuance of a Building Permit, the applicant is required to provide proof to the County that the existing box culvert at Canal 102 is structurally suitable for the construction of the right turn lane. The County shall review and approve the submitted information prior the issuance of the Right -Of -Way Permit and the Roadway Improvement Agreement. File Numbers: PNRD 520154870 and CU 620144785 September 1, 2015 Resolution No. 2015 - XXX Page 5 Packet Pg. 250 9.A.2.b 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 Planning and Development Services Department, Planning Division 10. Any change in use, increase in building size or the number of beds as depicted on the approved Final PNRD Site Plan shall require a Major Adjustment to the Final PNRD Site Plan. 11. Within 60 days of Final PNRD Site Plan approval, the property owner shall record an 8' x 20' easement adjacent to South 25t" Street as shown on the Final PNRD Site Plan. The purpose of the easement is for a future transit shelter with amenities. It shall be the responsibility of the property owner to maintain this shelter in perpetuity. 12. The exterior signage for the property shall be limited to one (1) sign. Said sign shall either be a monument ground sign (not to exceed 24 s.f. in size) or a wall sign (letters not to exceed 24 inches in height and sign area not to exceed 75 square feet). 13. All roof mounted equipment on buildings shall be concealed from view at ground level. D. The Preliminary and Final PNRD Site Plan approvals granted by this Resolution shall expire on September 1, 2017 unless a Building Permit is obtained or an extension is granted in accordance with Section 11.02.06(B)(3) of the Land Development Code or a Major Adjustment to the Final PNRD Site Plan is granted. E. The developer is advised as part of this Preliminary and Final PNRD Site Plan approval, including any successors in interest, the developer shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part "C". 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. F. The conditions set forth in Part "C" are an integral non -severable part of the site plan approval granted by this Resolution. If any condition in Part "C" 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 b this resolution shall become null and void. File Numbers: PNRD 520154870 and CU 620144785 September 1, 2015 Resolution No. 2015 - XXX Page 6 Packet Pg. 251 9.A.2.b 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 G. A Certificate of Capacity, a copy of which is attached hereto as Exhibit "B" and made a part hereof the Resolution, was granted by the Planning and Development Services Director on September 1, 2015. CONDITIONAL USE PERMIT H. Pursuant to Section 11.07.00 of the St. Lucie County Land Development Code, the Conditional Use Permit for the project to be known as Nu Way Life Recovery Center for a Specialty Hospital (Drug Addiction and Alcoholism Rehabilitation) as per SIC 8069 is hereby approved subject to the following condition(s): Planning and Development Services Department, Planning Division 1. All commercial deliveries and pickups shall occur between the hours of 7:00 a.m. and 6:00 p.m. 2. In accordance, with LDC, Section 11.07.05 — Revocation of Conditional Use Permit, the Conditional Use Permit may be revoked by the Board of County Commissioners upon complaint and proof of adverse effect on adjacent properties. The property on which this Conditional Use Permit approval is being granted is described as follows: Legal Description: The Southwest 1/4 of the Southwest 1/4, less the North 800 feet and less the west 40 feet, and the South 78 feet, Section 33, Township 35 South, Range 40 East, St. Lucie County, FL. Parcel ID Number: 2433-333-0001-000-6 J. The Conditional Use Permit approval granted by this Resolution shall expire on September 1, 2017, unless a Building Permit is obtained for the use described in Part H above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. K. The conditions set forth in Part "H" are an integral non -severable part of this approval granted by this Resolution. If any condition set forth in Part "H" is determined to be invalid or unenforceable for any reason and the applicant or property owner declines to comply voluntarily with that condition, the conditional use permit approval granted by this resolution is null and void. File Numbers: PNRD 520154870 and CU 620144785 September 1, 2015 Resolution No. 2015 - XXX Page 7 Packet Pg. 252 9.A.2.b 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 G. A copy of this Resolution shall be mailed to the owner of record as identified on the application. H. This Resolution shall be recorded in the Public Records. 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 1st day of September, 2015. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chair ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney File Numbers: PNRD 520154870 and CU 620144785 September 1, 2015 Resolution No. 2015 - XXX Page 8 c 0 0 N N V U O m N Q as c a� E t U 2 r Q Packet Pg. 253 9.A.2.b 1 2 3 4 5 6 7 EXHIBIT A LOCATION MAP Al A' 1 St Lucie Blvd \?Se G� r AIk S. ea�d 1A S S Orange Ave 68� 58' a 0 Virg niaAve 76. (17 � OkeeGncbee Subject v— Alav Property s a Midway Rd In— Q 5 a� a G ti4 Prima Vista Bl'46 d west6 St Lucie �z Walton Rd N Port St Lucie Bl A File Numbers: PNRD 520154870 and CU 620144785 September 1, 2015 Resolution No. 2015 - XXX Page 9 Q Packet Pg. 254 9.A.2.b EXHIBIT B CERTIFICATE OF CAPACITY File Numbers: PNRD 520154870 and CU 620144785 Resolution No. 2015 - XXX September 1, 2015 Page 10 Packet Pg. 255 U N d ((uoi}e}ijigeyab wsiloLlo3lV pue uoi}oippV 6na(3) je;idsoH A;Iei3edS - "oul `Z sei:pedoad )iJsW : £56-560Z-S9N) Mid OMS OUNd leuiA :3•Z'V'64u8wL408RV FINAL PNRD SITE PLAN SITE DATA EXISTINGZONING--------------- ART (AGRICULTURAL RESIDENTIAL1) PROPOSED ZONING ---------------- PNRD (PLANNED NON RESIDENTIAL DEVELOPMENT) PROPOSED USE SPECIALTY HOSPITAL (DRUG AND ALCOHOL REHABILITATION FACILITY) 1- OFFICES AND TREATMENT SPACES 2-SHORT TERM UVING-- RESIDENCE #1 AND #2 (80 BEDS, TEMPORARY RESIDENCE) 3- DINING FACILITY AND GYM 4- EXECUTIVE SUITE FUTURE LAND USE RESIDENTIAL SUBURBAN SITE CALCULATIONS TOTAL LOT SIZE -------------------------------- ---- ------- ------- ---- ------ ------- ---- ----- 553, 212 SF--_-----"12.7 ACRES ---- ------- --- 100 % EXISTING OWNER EXECUTIVE SUITE ---------------------------------------------------- 5,453 SF--_---_-_---_------_---_-_---_------0.98 % BUILDINGS AREA ---OFFICE AND TREATMENT SPACE GROUND FLOOR------16509.0 S. F. OFFICE AND TREATMENT SPACE SECOND FLOOR) -----16684.0 SF. 80 BEDS SHORT TERM LIVING RESIDENCE------ --32506 SE 79817---------- 14.4% DINING, KITCHEN AND GYM ----- ------- ------- ---- ------- ------- ---- ----- 8,665 S.F. EXECUTIVE SUITE-----------------5,453 SE TOTAL PAVED AREA ---------- ---- ------- ------- ---- ------- ------- ---- ------- ------- ---- --- 75,766 SF----- ------- ---- ------- ------- ---- _-13.7 % TOTAL SIDEWALK AND PAVER AREA ------------------------------------- 17, 983 S.F-----------3.25% IMPERVIOUS AREA ------------------------------BUILDING AREA (FOOT PRINT)--------- 45,96B S F TOTAL PAVED AREA-------76.195 SF 142,5260 S.F. ------25.8% TOTAL SIDEWALK AND PAVERAREA- -17,983SF TOTAL POOL DECK ---------- 2,3808,E COMMON LANDSCAPE OPEN 5= BUILDING SQUARE FOOTAGE BUILDING AREA - OFFICE AND TREATMENT SPACES - GROUND FLOOR --------- 16,509.0 SF ------------33,193.0 SF SECOND FLOOR AREA --16,684.0 SF 80 BEDS SHORT TERM LIVING - RESIDENCE #1 AND #2- J2,506 SF DINING ,KITCHEN AND GYM -8,665 SF EXECUTIVE SUITE--------------- --5,453 SF TOTAL BUILDING AREA ------- ------- ---- ------ ------- ------- ----- 79,8170 SF BUILDING HEIGHT MAXIMUM PROVIDED RESIDENCE #1 AND#2------------------------- 36-0---------- _- ---- ------- ------- ---- 3U-T OFFICE AND TREATMENT SPACES ---- ------- ---- 35'-0"---------- ------- ---- ------ ------- 35'-0" DINING FACILITY AND GYMS -------------------- ----- ------- ------- ------- ---- ---- 30-T EXECUTIVE SUITE----- ------------ 35'-0 --------------------------- 35'-(y' BUILDING AREA----79,817.0 SF FAR ---- ------- ---- ------- ----- (79,817.0 SF /287, 280.0 SF]=0.22 PARKING REQUIRED OFFICE AND TREATMENT SPACES ---GROUND AND SECOND FLOOR AREA ----- ------- ------- ---- ------- ------- -33,193.0 SF STAIR, RATH ,HALL , ENTRY, VESTIBULE AND ELECTRIC ROOM ------- 11,738.0 SF OFFICE AND TREATMENT AREA ---- ------- ------- ------- ---- ------ ------- --- 21,455 0 SF OFFICE AREA ------ ------- ------- ------- ---- ------- --- 11,455,0S TREATMENTAREA 10, 000 SF PARKING (OFFICE SPACES) (2.84 SPACES PER 1,000 SF OF GROSS FLOOR AREA 33 SPACES REQUIRED PARKING (MEDICAL TREATMENT) (4.94 SPACES PER 1,000 SF OF GROSS FLOOR AREA 50 SPACES REQUIRED 83 SPACES REQUIRED 83 SPACES PROVIDED- ----78 STANDARD PARKING AND 5 HANDICAP LEGAL DESCRIPTION THE SOUTHWEST Y OF THE SOUTHWEST Y. LESS THE NORTH 800.00 FEET LESS THE WEST 40.00 FEET AND LESS THE SOUTH 78.00 FEET THEREOF, PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA, ALL LYING IN SECTION 33, TOWNSHIP 35 SOUTH, RANGE 40 EST. SUBJECT TO: EASTMENTS AND RIGHTS -OF -WAY OF PUBLIC RECORD. LEGEND TRAFFIC FLOW DIRECTION PROPOSED ASPHALT PAVEMENT PROPOSED LANDSCAPE PROPOSED BUILDING PROPOSED PAVER AREA PROPOSED CONCRETE SIDEWALK EXISTING TREE MINIMUM BUILDING SETBACKS REQUIRED PROVIDED FRONT------- 25'-0- WEST------------77'-7' REAR ------------ 25'-0" EAST --- -------- 306'-4" SIDE -------- W 0" NORTH-----------43'-2" SOUTH----161'-7" (TYPE III OF CONSTRUCTION -PROTECTED AND, AUTOMATIC SPRINKLER SYSTEM 12'-0" 2'-0" 6'-0' SIDEWALK 2 CURB GUTTER SAW CUTAND REMOVE 1 ST FEET OF EXISTING ASPHALT SECTION-B ��w �00000 IVAl TALLY ENGINEERING, INC. 1906 N. FLAMINGO ROAD SUITE 300 PPM58 FLORN A 33028 BRO.RD (954)447-0324 FAX (954)447-0674 PIR007 BORDJERDI P.E# 43220 SPECIAL INSPECTOR N. 1098 CERT OF AUTH 7535 z a J a_ w H D z a F- z w 0 w ir z O D z z a ^J EL J a z LL Qj 12-15-2014 ® 03-17-2015 A OG-10-2015 Ir Z WW U0 > IL Oo ULL WF: w 'W'I ir LPL JI >- N Q N Q D Q 0 Z 14 I DRAWN: CHECKED SCALE: DATE: 09-19-2014 w Lo N 6 a m m a PALM PLANTING DETAIL LARGE TREE PLANTING DETAIL SIMILAR TREE PLANTING DETAIL TREES WITH 3" CALIPER OR LESS 1L 2 bed. #3 QL Exist. to Remoin VUA 181 10 T7TT( VUA LDSC 171 0 ITTFFF I _ 2 beds 2 VUA LDSC liAr 190 of VUA LDSC 172 •f ; [ �i -- / E VUA LDS 413 •f VUA LDSC 148 0 II 1i �•\ \I�'�� �,� �� VUA LDSC /% - �1 g I VUA LDSC 118 x 4-472 •f ■ a'�(sD,,,,aln8wooa�R tC OO O'F.'�a0 NAMD ) (a" 14191011 #9-14 QV Hammock Rem ain ONE STONY BILDNa DN70 FACLTY am D,088 8F 0=haov HAND) (84'-0' 11901 ■ u 5 18' ht. cont. I hedgye, mixed I I 6 Qv ■ 17 QV 8 QV � I � _ _ I .;:;%`�:�:�%��'`%�%�'�'�'`'`'`'�'�'�'��I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� o / - ... Juc • . 3 beds \ o - I i LL � / / ��' ill! 'iIL.1.IL� . I � " Ifs IL•..._ III ='.::_ III' �:: e�IIL - L ':-:"u IiL �=',iiallL = 'ia IIL �':- al ..=.:: .all � _ u�IIL - L =:'�I L�1 '.mall LEI "- - - • � � 10 11111111111111 A:iJiI 11 , O o 3. W W W W W W W W W W W W W W W W W W W W W W W W W W W 1 11 -- 322 322 322 322 .i i 11 - - - - - - - - - - - - - - - - - - - IR POC SAL ,HG - - - - - - - - - - - - - --- W W W Y W W W W W W . W W . W W W . W W . W W W . W W .... W W . V ...... 1 11 x I�t •YY WY •YY W •Y •Y WY •YY W •Y •Y WY •Y J• W •Y •Y WY •YY W ...... •. 3830 sf littoral ...... II 11 • •,,.W . W W W . W W W W W W . W W W W W W . W W W W W W W W W W W • II 111 It li W •Y •YYY •YY W •Y •YY W •Y J• W •Y •Y •Y W •YYY W W W W W • W W. W. W. W W .i 1 ti I Y W W WY W W W W W WY W W W W W Note: W W . W W W W W W W WW WWW�W WWWWWW W II 11 1 W W Y W W Y W W W Y W W Y W W ist.be Bahia tF11S area W f upi d* W xi 11 it to be removed. Area to be to d W'6.30 , . . W W W W '41 W W W W W W W W W W seeded w/ Florida Native W W W W Ii t Wlldtlower rnix. 410 410 1 1 11W W W 1 1 W _x-x-x-x-x-x-x-x-x-x-x-xa-u-x W W W Y W -x--_x-e--�"�T�X...�x---x-_-..,tea.- ANV LIS COL ASC .i _---- - - - ----_---------_---- ____ - - - ----_---- ----_ TIE FRONDS DURING TRANSPORTING TO PROTECT GROWING TIP. DO NOT TRIM ENDS LEAVE FRONDS TIED ON WASH INGTONIAN PALMS DO NOT TIE ROYAL PALMS PLUMB AND SET PALMS TRUE TO GRADE (3) 2' X e X 18' P.T. WD BATTENS (5) LAYERS OF BURLAP TO PROTECT TRUNK. (2) WRAPPED STEEL GALVANIZED BANDS AROUND BATTEN (3) 2' X 4' P.T. WOOD BRACES TOENARED TO BATTENS (DO NOT PUNCTURE TRUNK.) NOTE MINIMUM UK OF ROOT BALL TO BE ABOVE SURROUNDING FINISH GRADE REMOVE BURLAP FROM TOP A OF ROOT BALL MINIMUM 3' LAYER OF MULCH ABOVE PLANTING HOLE MULCH ON TO' OF ROOT BALL TO NOT EX® THICKNESS EDGE OF MULCH TO BE Y FROM TRUNK. CONTINUOUS SOIL BERM (APP. 4' HT.) TO HOLD WATER. FINISHED GRADE (3) 2' X 4' X le L P.T. WD STAKES. TO' OF STAKES TO BE 3' BELOW GRADE BACKFILL PANTING HOE WITH CLEAN SAND (PREPARED SOIL MIX FOR TREES). EXISTING SUBGRADE. NOTE WIDTH OF PLANTING HOE TO BE 1.5 TIMES THE WIDTH OF THE ROOT BALL N . T. S. 1' WIDE BLACK NYLON 'WELLINGTON' TAPE 3 GUYS PER TREE 0 120' NOTE: MINMUM lad OF ROOT BALL TO BE ABOVE SURROUNDING KNISH GRADE REMOVE BURLAP FROM TOP f OF ROOT BALL MINIMUM 3' LAYER OF MULCH ABOVE PLANTING HOLE. MULCH ON TOP OF ROOT BALL TO NOT EXCEED t THICKNESS EDGE OF MULCH TO BE 3' FROM TRUNK. SOIL BERM (APP. 4' HT.) TO HOLD WATER. FINISHED GRADE TIE TAPE TO (1) 18' L 15 REBAR OR 18' L 2' X 4' P.T. WD STAKE (DEPENDING ON SOIL CONDITIONS). TOP OF REBAR OR WD STAKE TO BE 3' BELOW GRADE BACKFILL PLANTING HOLE WTH PREPARED Sal. MIX. EXISTING SUBGRADE. NOTE: WIDTH OF PLANTING HOLE TO BE 1.5 TIMES THE WIDTH OF THE ROOT BALL. N.T.S PLANT NOTES St. Lucie County Note: 1. ALL PLANT MATERIAL TO BE FLORIDA NO. 1 OR BETTER FLORIDA DEPARTMENT OF AGRICULTURE GRADES AND STANDARDS; PARTS 1 1. MULCH TO BE EUCALYPTUS OR PINE BARK. NO CYPRESS OR RED MULCH AND 11, 2ND EDITION: FEBRUARY 1998, RESPECTIVELY. WILL BE ACCEPTED. 2. ALL PLANTING BEDS TO BE TOPPED WITH 3" MULCH EXCLUDING TOP OF ROOT BALL (SEE PALM/ TREE PLANTING DETAIL). 3. ALLTREES TO BE STAKED IN A GOOD WORKMANLIKE MANNER, NO NAIL STAKING IN TRUNKS PERMITTED. St. Lucie County Note: 4. LANDSCAPE PLAN SHALL BE INSTALLED IN COMPLIANCE WITH ALL LOCAL CODES. 1. St. Lucie County, LDC Sec. 7.09.04c Parking & other Vehicular Use Area Interior Landscaping: 5. ALL SOD SHALL BE ST. AUGUSTINE 'FLORATAM' SOLID SOD, (UNLESS OTHERWISE NOTED) AND LAID WITH ALTERNATING AND ABUTTING Total Paved Area: 60,351.5sf, as per SP-1.1 JOINTS. 60,351 sf / 18sf = 3352.8 of interior landscape area required. 6. ALL PLANTING BEDS TO BE WEED AND GRASS FREE. 3559 of interior landscape area provided. 7. LANDSCAPE CONTRACTOR SHALL LOCATE AND VERIFY ALL UNDER- GROUND UTILITIES PRIOR TO DIGGING. 8. LANDSCAPE CONTRACTOR SHALL REVIEW ALL DRAWINGS AND PREPARE ONES OWN QUANTITY COUNTS( PRIOR TO BID COST AND COMPARE TO ARCHITECT'S PLANT LIST). LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR ATTAINING ACCURATE COUNT OF PLANT MATERIALS SPECIFIED. IN THE EVENT OF DISCREPANCIES, LANDSCAPE CONTRACTORS SHALL BRING TO THE ATTENTION OF LANDSCAPE ARCHITECT. PLAN SHALL TAKE PRECEDENCE OVER PLANT LIST. 9. NO CHANGES SHALL BE MADE WITHOUT THE PRIOR CONSENT OF THE LANDSCAPE ARCHITECT. 10. ALL PLANTED AREAS TO RECEIVE 100% COVERAGE BY AN AUTOMATIC IRRIGATION SYSTEM, WITH A MINIMUM OF 50% OVERLAP. RAIN SENSOR TO BE PROVIDED. 11. LANDSCAPE CONTRACTOR TO SCHEDULE A PRE -INSTALLATION MEETING W/ THE LANDSCAPE ARCHITECT, PRIOR TO COMMENCING INSTALLATION. SHRUB/GROUND COVER DETAIL - 3' LAYER MULCH IN ENTIRE BED. KEEP MULCH AWAY FROM BASE OF PUNT. Ni MINIMUM 1Od OF ROOT BALL TO BE ABOVE SURROUNDING FINISH GRADE ADJACENT SOD BACKFILL PUNTING HOLE W/ PREPARED SOIL MIX. - EXISTING SUBGRADE NOTE WHEN PLANTING BEDS ARE ADJACENT TO CONCRETE SLABS, TOP OF MULCH TO BE A MINIMUM OF 1' BELOW TOP OF CONCRETE SLAB. N.T.S. Plant List QTY KEY I Botanical/ Common Name Description- Ht, Spr, DBH, Notes Trees & Palms 15 QV Quercus virginiono / Live Oak 20' oo ht, 10'spr, 5' ct, 4" dbh. Native 7 PE Pinus elliottii / Slash Pine 12'-14' oa hts, 2-1/2" dbh. Native 19 IC Ilex cassine / Dahoon Holly 12'-14' oa hts, 2-1/2" dbh. Native 20 LI Lagerstromic indica / Crops Myrtle 12'-14' oo hts, 6' spr, 5" dbh, sum multi -trunk 15 LL Ligustrum lucidium / Ligustrum 8' ht x 8' spr, multi -trunk 4 AR Acer rubrum / Red Maple 12'-14' oa hts, 2-1/2" dbh. Native 32 MYC2 Myrica cerifera / Wax Myrtle 8-9' ht x 6-7' spr, multi -trunk Native 2 PC Phoenix canariensis / Canary Island Date Palm 10' CT, 24' oa ht 14 PHR Phoenix roebelenii / Pygmy Date Palm 6-7' oa ht, triples 27 SP Sobal palmetto / Sobol Palm 16'-24' oo hts, slick Native Residential Buffer 39 EUF2 Eugenia foetida / Spanish Stopper 8' oa ht, 3' spr. Native 38 RAP Roponeo punctato / Myrsine 8' oo ht, 3' spr. Native 39 MYC1 Myrica cerifera / Wax Myrtle 8' oa ht, 3' spr. Native Hedges & Shrubs 370 EUF Eugenio foetida / Spanish Stopper 24" ht x 18" spr, 3gal. Native 125 EUF1 Eugenia foetida / Spanish Stopper 36" ht, min. x 24" spr, 7gal. Native 76 MYC Myrica cerifera / Wax Myrtle 4' ht, min. x 24" spr, 15gal. Native Native 407 POM Podocarpus macrophyllus / Podocarpus 4' ht, min. x 24" spr, 15gal. 326 via Viburnum odorratissimum / Sweet Viburnum 24" ht x 18" spr, 3gal. 125 PIT Pittosporum tobira / Green Pittosporum 18" ht x 18" spr, 3gal. 80 HAP Hamalia patens 'compacto' / Dwarf Firebush 24" ht x 18" spr, 3gal. Groundcovers 190 FIM Ficus microcarpo / Green Island Ficus 12" ht x 12" spr, 3gal. 95 ILV Ilex vomitoria / Schillings Dwarf 12" ht x 12" spr, 3gal. Native 300 JUC Juniperus chinensis / Juniper 12" ht x 12" spr, 3gal. 100 LAM Lantana montevidensis / Purple Lantana 1gal. 120 LIM Liriope muscorie / Evergreen Giant Iiriope 1gal. 295 LOC Loropetalum chinensis / Rubra 12" ht x 12" spr, 3gal. 150 MUC Muhlenbergia capsillaris / Muhly Grass 18" ht x 18" spr, 3gal. Native 628 RHI Rhaphiolepsis indica / Indian Hawthorn 12" ht x 12" spr, 3gal. Upland & Littoral Plantings 480 ASC Asclepias species / Milkweed 1gal. Native 480 ANV Andropogon virginicus / Broomsedge 1gal. Native 480 LIS Liatris spicata / Blazing Star 1gal. Native 480 COL Coreopsis leavenworthii / Tickseed 1gal. Native 452 IRS Iris virginica / Blue Fog Iris Bare -root Cutting Native 452 POC Pontaderio cordato / Pickerel Weed Bare -root Cutting Native 452 SAL Sagittaria latifolia / Duck Potatoe Bare -root Cutting Native 452 THG Thalia latifolia / Alligator Flag Bare -root Cutting Native 18,000 sf Florida Wildflower Seed Mix Native FINAL LANDSCAPE PLAN SCALE: 1 11= 501 I-�R W co `o I 00 W W W co N � 00T CD W CDmm 0000 . M CE o z O O CD Q W LO LO LU Q 'mi s\\\\\\\\\\\\\\\\\\\\\h \Q\\\\\\\\\\\\\\\\\\\\\k §n \\\\\\\ 1 TALLY ENGINEERING, INC. 1806 N. FLAMINGO ROAD SUITE 300 P.PINES, FLORIDA 33028 BROWARD (954)447-0324 FAX (954)447-0674 PIROOZ BOROJERDI P.E# 43220 SPECIAL INSPECTOR No: 1098 CERT OF AUTH : 7535 H.L. Martin, Landscape Architect, P.A. LC# 26000404 LA #0001722 5965 SW 38th Street, Miami, Florida 33155 305 790-4372, hlmartinufiu@bellsouth.net Herbert Lester Martin, Landscape Architect a: ui z W UW U Uj L > Ir Op 0 LL W� a:w W� � co JI N Z�LL A 06.16.15 A 08.13.15 A A A DRAWN: CHECKED SCALE: DATE: 09-19-2014 Packet Pg. 257 ((uoi}e}ijigeyab wsiloyoolV pue uoi}oippd 6na(3) le}idsoH A;IeioedS - "oul `Z sei:pedoad AJsW : EGVGWZ-S9H) sueld a6euiea(3 pue 6uipea f) 6uined :8-Z-d-6}u8uay3e;;d N.T.S. IS ENGINEERING, INC. .AMNOO ROAD BURS 300 iORIDA 30028 54)W-0324 FAX (954)44]-06]4 ROJERDI P.EJ 43220 SPEC OR N. 1098 O 7535 Ir z WW U0 Oo ULL WF: W Wir LL JI Q N Q 30° DQo zItLL CHECKED 9-2014 11 00 Lo N a m m a 7� d AI w I �M-Ir, fly 6h MML T 4 4* NIL L I�i�*II. � •--".�'i�il JL { J� +� 4; f f q-4 '4*0 ) de AOL '4qjA L i ®r#C��1 Illp�1,116! %IN MI dicta piq 12 41_ oL EL. +30'-0" TOP OF TIE BEAM OFFICE AND TREATMENT SPACES SCALE:3/32"=1'-0" EL. +35'-0" TOP OF ROOF 4EL. +35'-0" -------------- - � 12 � 2 TOP OF RIDGE ❑1 14 0 2 OL EL. +28'-2" TnP nP TIP RFAAA �3 EL. +29'-0" TOP OF PARAPET Cl i 60 O------------------------------------ 11 _ 7 OFFICE AND TREATMENT SPACES SCALE: 3/32"=1'-O" PAINT COLOR LEGEND/ BLD'G MATERIALS ❑� FLAT TILE ( CHARCOAL COLOR) SHERWIN WILLIAMS SW 7043 WORDLY GRAY ❑3 SHERWIN WILLIAMS SW 7042 SHOJI WHITE ® SHERWIN WILLIAMS SW 7044 AMAZING GRAY BRONZE TINTED GLASS W/ BRONZE ALUMINUM STOREFRONT ---- (BRONZE) © NORSTONE STAKED STONE ROCK PANELS (CHARCOAL) ALL EXTERIOR GLASS SHALL BE IMPACT GLASS ALL ROOF MOUNTED EQUIPMENT WILL BE CONCEALED FROM VIEW FINISH FLOOR ----- 0'-0" = 13.00' N.G.V.D. 00 v 0 coLO oL EL. +13'-6" FINISH FLOOR T EL. +35'-0" TOP OF PARAPET TOP OF ROOF EL. +13'-6" FINISH FLOOR EL. +0'-0" FINISH FLOOR _oL EL. +0'-0" FINISH FLOOR im g\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\% \\\\\\\\\\\\\\\\\\\\\\\\\\\\\ TALLY ENGINEERING, INC. 1806 N. FLAMINGO ROAD SUITE 300 P,PINES, FLORIDA 33028 BROWARD (954)447-0324 FAX (954)447-0674 PIROOZ BOROJERDI P.E# 43220 SPECIAL INSPECTOR No; 1098 CERT OF AUTH ; 7535 U CE IE W W n�� LL W U CL El U Cy III �-- n// v) ICJ Z H LJ J n u Q V 0 H Ln z A" AM AM AM AM DR,4UJN: CHECKED SCALE: DATE: 07-8-2015 ((uol;e;!l!ge4eN wsllo4o:)jV pue uol;olppd 6na(3) le}!dsoH AllepedS - "3ul `Z seipedwd AJ8W : £56-960Z-S3N) Al!l!oe=l pa8 le;!dsoH - su011en013 :4-Z'd'6;u8ua43844V oL EL. +27'-1" , TOP OF PARAPET M EL. +2Z-10" ,' TOP OF ROOF EL. +11'-10" SECOND FLOOR EL. +2T-1" , Y TOP OF PARAPET - M gf� EL. +22'-10" TOP OF ROOF EL. +11'-10" SECOND FLOOR EL. +0'-0" FINISH FLOOR n ILII�ffIII lI �I III III Io�llI l�o�l���L��oLI FRAMING FRAMING DECORATIVE FRAMING X. A SME ELEVATDOO SCALE: 1 /8"=1'-0" FRROOT ELE00T0ON I SCALE:1/8"=1'-0" 2 EL. +35'-0" TOP OF RIDGE F000 ELEOOTDOO SCALE:1/8"=V-0" I w m n I m :!mll ❑3 X. FRAMING PAINT COLOR LEGEND/ BLD'G MATERIALS ❑1 FLAT TILE ( CHARCOAL COLOR) ❑2 SHERWIN WILLIAMS SW 7043 WORDLY GRAY ® SHERWIN WILLIAMS SW 7042 SHOJI WHITE ® SHERWIN WILLIAMS SW 7044 AMAZING GRAY ❑S BRONZE TINTED GLASS W/ BRONZE ALUMINUM STOREFRONT ---- (BRONZE) © NORSTONE STAKED STONE ROCK PANELS (CHARCOAL) EL. +27'-1" TOP OF PARAPET omL EL. +11'-10" SECOND FLOOR EL. +0'-0" FINISH FLOOR omL EL. +27'-1" TOP OF PARAPET EL. +22'-10" TOP OF ROOF EL. +11'-10" SECOND FLOOR EL. +0'-0" FINISH FLOOR g\\\\\\\\\\\\\\\\\\\\O \\\\\\\\\\\\\\\\\\\\\\\\\\\\O TALLY ENGINEERING, INC. 1806 N. FLAMINGO ROAD SUITE 300 P,PINES, FLORIDA 33028 BROWARD (954)447-0324 FAX (954)447-0674 PIROOZ BOROJERDI P.E# 43220 SPECIAL INSPECTOR No; 1098 CERT OF AUTH ; 7535 O z O O 4 00 w O w A" AM AM AM AM OJ O Oi EL OJ O O O O O O O\ O O O O OJ >LLI O � U �\ OJ � Oi O OJ Z O � O O O O Q V O OOO O O O O O O - O DR,4UJN: CHECKED SCALE: DATE: 07-8-2015 to N a m a ((uoi;e;iligeyab wsiloyoolV pue uoi;oippy Bna4) le;idsoH A;Iei3edS - "3ul `Z sei:pedoad 3IJeW : £56-560Z-S9N) 1,6uiui(3 pue wniseuwAE) - su014en013 :i•Z'V'64u8wt438l4v OIL EL. +19' TOP OFF EL. +27'-2" TOP OF PARAPE- EL. +24'-3" TOP OF PARAPE- EL. +21'-3" TOP OF PARAPE- ��ONT ELEVATION (NO'DF\TH) SCALE: 3/16"=14'' S E ELEVATDOO (WEST) SCALE: 3/16"=1'-0" PAUNT COLOR LEGEND BL00 OTLROLO FLAT TILE ( CHARCOAL COLOR) ❑2 SHERWIN WILLIAMS SW 7043 WORDLY GRAY ® SHERWIN WILLIAMS SW 7042 SHOJI WHITE ® SHERWIN WILLIAMS SW 7044 AMAZING GRAY ® BRONZE TINTED GLASS W/ BRONZE ALUMINUM STOREFRONT ---- (BRONZE) © NORSTONE STAKED STONE ROCK PANELS (CHARCOAL) . +24'-3" iP OF PARAPET EL. +0'-0" FINISH FLOOR ALL EXTERIOR GLASS SHALL BE IMPACT GLASS ALL ROOF MOUNTED EQUIPMENT WILL BE CONCEALED FROM VIEW FINISH FLOOR ----- 0'-0" = 12.00' N.G.V.D. EL. +18'-0" TOP OF PARAPET OgL EL. +0'-0" FINISH FLOOR g\\\\\\\\\\\\\\\\\\\\O \\\\\\\\\\\\\\\\\\\\\\\\\\\\O TALLY ENGINEERING, INC. 1806 N. FLAMINGO ROAD SUITE 300 P,PINES, FLORIDA 33028 BROWARD (954)447-0324 FAX (954)447-0674 PIROOZ BOROJERDI P.E# 43220 SPECIAL INSPECTOR No; 1098 CERT OF AUTH ; 7535 O z O O O wL- O wL- O wL- O O O O O 00 O O O z O 0 12-15-2014 0 0 0 0 I O O O LO O �--� O O O O O O O O O O Oi OJ � >LLI O O O O OJ � Oi O OJ Z O � O O O O Q O O OOO O O O O O O O O DR,4UJN: CHECKED SCALE: DATE: 07-8-2015 A3@ N to N 13) m a ((uoi;e;iligeyab wsiloyoolV pue uoi;oippy Bna4) le;idsoH A;Iei3edS - "3ul `Z sei:pedoad 3IJeW : £56-560Z-S9N) Z6uiui(3 pue wniseuwAE) - su014en013 :f•Z'V'64u8wt438l4v OIL EL. +0'-0" FINISH FLOOR ,gk EL. +27'-2" EL. +18'-0" TOP OF PARAPET EL. +0'-0" FINISH FLOOR S E ELEVAToON SCALE: 3/16"=14" PMNT COLOR LEGEND/ BLD'G MATERIALS FLAT TILE ( CHARCOAL COLOR) ❑2 SHERWIN WILLIAMS SW 7043 WORDILY GRAY SHERWIN WILLIAMS SW 7042 SHOJI WHITE ® SHERWIN WILLIAMS SW 7044 AMAZING GRAY ® BRONZE TINTED GLASS W/ BRONZE ALUMINUM STOREFRONT ---- (BRONZE) © NORSTONE STAKED STONE ROCK PANELS (CHARCOAL) EL. +24'-3" TOP OF ROOF EL. +18'-0" TOP OF PARAPET OIL EL. +0'-0" FINISH FLOOR ALL EXTERIOR GLASS SHALL BE IMPACT GLASS ALL ROOF MOUNTED EQUIPMENT WILL BE CONCEALED FROM VIEW FINISH FLOOR ----- 0'-0" = 12.00' N.G.V.D. +24'-3" OF ROOF gp \\\\\\\\\\\\\\\\\\\\\\\\\\\\\ TALLY ENGINEERING, INC. 1806 N. FLAMINGO ROAD SUITE 300 P,PINES, FLORIDA 33028 BROWARD (954)447-0324 FAX (954)447-0674 PIROOZ BOROJERDI P.E# 43220 SPECIAL INSPECTOR No; 1098 CERT OF AUTH ; 7535 Lf z Lil 0 z z U 0 12-15-2014 0 0 0 0 LIJ U LLJ n z U EL > LLI oIII U Cy n/ v) L LI Z Ln cu Q QV� >o� Ln i DR,4UJN: CHECKED SCALE: DATE: 07-8-2015 M to N a m a ((uo!}e;!!!geyab ws!!oyoo!V pue uo!}olppd 6na(3) !e;!dsoH A;IeloedS - "oul `Z sei:pedoad AMW : M-9WZ-S9N) Mid 01!S ONNd AJsu!W!!aJd :317-d 6411JO ayoe}}d N d mElmmllm la. I Qi9�@0E N 89'. 46 V' E 1Y5832' e uuuu�uuu �� _ ...... :III IIIII�>_4o� •e`■r�� --------------------------- PRELIMINARY PNRD SITE PLAN lvn SCALE: 1" 50' LEGEND TRAFFIC FLOW DIRECTION PROPOSED ASPHALT PAVEMENT PROPOSED LANDSCAPE PROPOSED BUILDING PROPOSED PAVER AREA PROPOSED CONCRETE SIDEWALK EXISTING TREE Q PROPOSED STREET LIGHT wvm � 01N I � e.ays N�� v ' nt W�N z�� o 00 N W Q � I I I - - - - -- - - - - - - - - - - - -- I-] SITE DATA EXISTINGZONING----------------- ------ AR-1 AGRICULTURAL RESIDENTIAL-1 PROPOSED ZONING ----- PNRD (PLANNED NON RESIDENTIAL DEVELOPMENT) PROPOSED USE----------------- SPECIALTY HOSPITAL (DRUG AND ALCOHOL REHABILITATION FACILITY) 1- OFFICES AND TREATMENT SPACES 2-SHORT TERM LIVING---- RESIDENCE 01 AND 12 (80 BEDS TEMPORARY RESIDENCE) 3- DINING FACILITYAND GYM 4- EXECUTIVE SUITE FUTURE LAND USE RESIDENTIAL SUBURBAN BUILDING SOUARE FOOTAGE BUILDING AREA AND TREATMENT SPACES --GROUND FLOOR-----16,509.0 SF SECOND FLOOR AREA---16,684.0 SF J 80 BEDS SHORT TERM LIVING -RESIDENCE #1 AND #2-----32,506 SF DINING ,KITCHEN AND GYM ---------------- ------------ 8,665 SF EXECUTIVE SUITE --------------------------------------------------- 5,453 SF TOTAL BUILDING AREA 79,817.0 SF BUILDING HEIGHT MAXIMUM PROVIDED RESIDENCE #1 AND #2 ------------------- 35'-0'------- ---- 30'-7- OFFICE AND TREATMENT SPACES -----------SUIT-------- ----- 35'-0" DINING FACILITY AND GYMS ------------ 35'-0 ---------------------- ---- 30'-7' EXECUTIVE SUITE -------------------------------- 33-0----------------------------------- BUILDING AREA-------------79,817.0 S.F FAR— --------(79,817.0 SF /287, 280.0 SF)=022 PARKING REQUIRED OFFICE AND TREATMENT SPACES —GROUND AND SECOND FLOOR AREA-------------------------------------33,193.0 SF STAIR, BATH ,HALL, ENTRY, VESTIBULE AND ELECTRIC ROOM-11,738.0 SF OFFICE AND TREATMENT AREA ------ ------------------- --- 21,455.0 SF OFFICE AREA --------------11,455.0 SF TREATMENTAREA----—------10, 000 SF PARKING (OFFICE SPACES) (2.84 SPACES PER 1,000 SF OF GROSS FLOOR AREA------------ 33 SPACES REQUIRED PARKING (MEDICAL TREATMENT) (4.94 SPACES PER 1,000 SF OF GROSS FLOOR AREA 50 SPACES REQUIRED 83 SPACES REQUIRED 83 SPACES PROVIDED ---------- 78 STANDARD PARKING AND 5 HANDICAP LEGAL DESCRIPTION THE SOUTHWEST Y4 OF THE SOUTHWEST Yo , LESS THE NORTH 800.00 FEET LESS THE WEST 40.00 FEET AND LESS THE SOUTH 78.00 FEET THEREOF, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, ALL LYING IN SECTION 33, TOWNSHIP 35 SOUTH, RANGE 40 EST SUBJECT TO: EASTMENTS AND RIGHTS -OF -WAY OF PUBLIC RECORD. NOTES'. 1-ALL EXTERIOR LIGHFING SHALL REQUIRE BUILDING PERMIT AND BE ACCORDING BY A LIGHTING PLAN SHARING NO MORE THAN 0.1 FOOTCANDLES AT PROPERTY LINE 2-ALL EXTERIOR SIGNAGE SHALL REQUIRE A BUILDING PERMIT MINIMUM BUILDING SETBACKS REQUIRED PROVIDED FRONT--- 2"' WEST ------- ---- -77-7 REAR --- -------- 25'-0" EAST ----------- 306'-4' SIDE ----------- 20'-W NORTH ---------- 43-2• SOUTH -------- 161'-7 00000000000` TALLY ENGINEERING, INC. 1806 N. FLAMINGO ROAD SURE 300 P.PIPES, FLORIDA 33028 BROWARD (954)447-0324 FAX (954)447-0674 PIROOZ BOROJERDI P.Eq 43220 SPECIAL INSPECTOR N. 1098 CERT OF AUTH 7535 W z WW U0 Lu IL O ir 0 U0 wF W W0: JI N Q Q (o (7 D Q 0 Z 11 LL 0 12-15-2014 ® 03-17-2015 A 06-10-2015 0 0 DRAWN: CHECKED SCALE: DATE: 09-19-2014 SP-1.1.0 to N 6 a m m a 9.A.2.1 Ag� TALLY ENGINEERING INC. ENGINEERING - MATERIALS TESTING - GEOTECHNICAL - LABORATORY August 5, 2015 Saint Lucie County Planning and Development Services Department Planning Division 2300 Virginia Avenue Ft. Pierce, Florida 34982 Ref: Traffic Impact Study Project: Nu -Way Life Recovery Center 4560 South 25"` Street Ft, Pierce, Florida 34981 The proposed project is located on the east side of 251h street between Midway Road and Bell Avenue. The site is 12.76 acres and the proposed land -use -is institutional for a drug and alcohol rehabilitation center to. accommodate approximately 80 patients. Under the existing RS land use (residential density of 2d.u/acre) we are allowed to construct 25 dwelling units which would entail a number of permanent residents and the associated impact on traffic in the vicinity. Despite the fact that the proposed facility is intended to house 80 patients at any given time, these patients are shipped to the facility and are not allowed to drive during their short term stay (2-3 weeks). The number of daily commuting staff for this facility, including doctors, technicians, cleaning crews and office staff is estimated to be about 80 people. The daily trip generation and PM peak hour trip generation analysis for existing and proposed land use are shown in Table 1 and Table 2. The results indicate that the proposed land use generates slightly less than existing use and roadways impacted by this amendment will operate at or above level of service "B" adopted by city, county and state. Additionally, the results show that there will not be a major impact on short or long term traffic within the impacted roadway. l.Ll 11 9�7�.PA31'lll LLGIL',F :� 3V rojerdi,' . '.�20 1 °� ineering,nc. 1806 N. Flamingo Road; Suite 300 5377 N. Hiatus Rd. 4710 N. Grady Avenue Pembroke Pines, FL 33028 Sunrise, Florida 33351 Tampa, Flori Phone: (954) 447 0324 Fax: (954) 447-0674 Phone: (954)746-9301 Fax: (9S4)746-4120 Phone: (813) 871-2000I au: (813) Packet Pg. 265 9.A.2.1 �l 3 o c, o Cri CL 4� o o 0 Ln Ln 0 CL 0) •L � O O IR O Ln LA LA M 00 00 N N [C O F- C Q O+ 'O L Q� Q N Q •C ( LA O d] N 00 C e0-I N u IA IC (U C h W a) b d CL O 03 O y. Z Luu N a a w in Packet Pg. 266 9.A.2.1 w a n "I + •L 3 0 n M Q !'•� CA M 0 LO M Q .L Ln 00 � N e•I O L O ^^ CL CL M ]..lam • • Q) L C L N C (1) Q) 0 Cu ri N4) c a •a C u1 O OJ N 00 a W -0 ~ O r-I N U N tD txo vOi 'Cu a +, 3 dA i ca N -0 •X GG Uo GJ Q •i QJ L C W G C "Q l •CA a a' O N y _ ri N ac a 0: z in Packet Pg. 267 9.A.2.m Nu Way Life Security Statement Security at the Nu -Way Life facility is important to assure that our patients and the public are protected from the risk of outside influences while also avoiding unsafe activity on the premises. It is important to note that our patients are carefully screened prior to admission into our care. All of our patients are voluntary. We will not be treating those with a history of violence, registered sex offenders, persons assigned by the Department of Corrections or those severely and persistently mentally ill. Upon admission, all patients receive a complete medical exam as a means to detect infectious diseases and other issues requiring attention. Our property will be gated for both ingress and egress. There will be a combination of decorative walls (such as used at high -end communities) and fences combined with shrubbery. The property will be fully monitored by cameras 24/7. The cameras will monitor the perimeter, all walkways, open spaces as well as the doors and hallways of each building. All doors and windows will be connected to sensors. Further, as a key part of our patient care, our patients will be accompanied throughout the day by our Behavior Health Techs and at night they will be checked in their beds hourly. All of these precautions are taken to assure a safe community. Finally, it should be noted that the patients will not have their own transportation. We will provide for all movement to and from our property. Packet Pg. 268 9.A.2.n Nu Way Life Recovery Center Employment Data Behavioral Health techs - 17 x $30K = $51 OK Therapists - 10 X $45K = $450K Discharge planners - 3 X $35K = $105K Nursing - 10 X $50K = $500K Admissions - 10 X $38K = $380 Housekeeping - 5 X $20k = $100K Maintenance - 5 X $30K = $135K Chef - 1 X $85K = $85K Cooks - 5 X $20K = $100K HR - 3 X $45 = $135K Utilization Review - 10 X $42K = $420K Administration - $500K Total salaries = $3.42M Packet Pg. 269 9.A.2.o Nu Way Life Recovery Hurricane Evacuation Plan The new proposed facility is designed based on Miami Dade County wind pressure capacity of 175 MPH, which is much higher than the required wind capacity for Port St. Lucie County mandated by the Florida Building Code. The structures of these buildings consist of • Reinforced concrete masonry • Precast joist for floor and roof system • Concrete floor and roof • Impact resistance exterior doors and windows. 35 KW gas standby generators, with 1000-gallon underground gas tank, support the 8600 Sq. Ft. building, which is housing a kitchen, dining room and gymnasium. In the event of hurricane in the categories of I, 2, or 3 our facility is quite capable to resist the wind pressure safely. All our patients will be housed in our dining room facility where our kitchen and dining facility will be in full operation, in the event of power failure. Our facility is been designed to safely handle our patients with enough food and water on hand for 5 days. Should a category 4 or 5 hurricane happen we will have plans to evacuate the clients to another area? We would have agreements in place with hotels in other areas of Florida to accommodate our clients. We have multiple vans to transport our clients. We would have an agreement to rent a bus to meet our transportation as needs. Clients who are ready to be discharged would be discharged into the care of their families. Packet Pg. 270 9.A.2.p ST. LUCIE COUNTY CONDITIONAL USE RESPQ SSE FORM Section 11.f}7.Gl(G) of tic $t Lucie saint)' land L7evekspnenl Code 'itle�s that whcre a 'Arltleri prt)I"- t Q d+ ra�si an �sppUtr�t rn for Crp�rtl,tlansl iJxr. i'ertr it 1B algrllud Iy? the cwilws offflV t54j DDrOur�i Or mere of the kniifst ��ithin Cahundredr0 4nOt11 feet �f its Pro party ahwted t y Vv pra;x.,vard a fiDn, aref -%Wh Gbndtti4nai w Use Pe�rria x aal nol *,Apprmod 4xoopt by the Fays�r�iklle vc3to 0i tourlihhs (�I6i of all Of tt�t [�srd Of a Countyo x cr aai:,A- kit d 41eCMl(yr ) f0,101tlr 1`OfLkp A. icb'wt mxJ A,yCohd r` otmbi totitxt} 04 >' The AppA.an; � 2 72.7 acre par[:Of 0 ThO 1'0�0M.rV 0. i�,jxadjflal-0 t1.4 rn Regodh')g 1.0c*Rd AT 4560 26h L-,%Ar,nv lrv.,mg: Aj• l (R.esidunllisl. Aj)r1r01 J(01 I) PfC4xn-,r•ei 10rlir!p. € NRC (Planne+1 inn Ite9i"001,Zon`rig Distriul.} Ph ase f •e�iirF) Is County, pla;w0jjq � f?eveloprr�e+�1 Eservicas, Plonn,`na Ck::Vis'rar� POnn,rticq i..Yvislorl Al l'N. fy.. Johraw I'tarlrll , 2300 VilginiR A'&:nue. FL '. 490P. Fax N 772-462-1 81 Please u1jeck onty one of the three fullowilig statami�nts and return by., I AM NJAKR OF THE PROPOSED Gi?NDITIONAL. OSE _�� I AM L401 IM FAM OF THE PROPosm CONDITIONAL USE I { }VE NO. FjI I TO THE PROPOSED O(;,NDITIOHAL USE I certkty that, as of the date ahc oil 13,0110w, tar -a a of the pro ad Covidltlonol U90. NOMP "ea&V Ad dreSS i-rate: jj---- Phase nabe that any fOrM returned without a narne a nd ad€trc>sm-, wAl nul W wn-W lad. Alt cet►.lrrsed forms are a mallef of public wzrd and available for 00m,19 upon rcquMl [�rrnrnenk4.' Project Name: 1 �' q, RWAI U22R�errt k=vrrtie No. 07.26 Packet Pg. 271 9.A.2.p ST. LUCI BOUNTY FORM SFciiirn 1 4.07 01(C) u'r'%L% St. LLX-e I.;o�jjty Land I< "etoprrxryf. Ida provides qwl whw-e�r a rrttl-'-« prolaot Q against ?an appaE.eraton tv j COIAilitmAl Ono i7[' fT)Ii Ifs �igneI ky+ IWL c:wr+ Of l'it'e t5oj prrr t+ cap mart' Of tlw ieba wilhin Ne; hundred rm5W) I'r -- Of the- IuoWIV aitac'fyi bV the p opv.yed titian, my such CandNrnal Of U68 (�yrrrrit StKar re3f C+D Q� ro+verl t;�i p1 by 1ht tnVoraty..ES vutu c3i rw!-(t111* j4A'l 0` all of 'he BWtit Q ('OUIILV CDIWV6t5>:K)f'f'L'9 to O 2 Me ADviYi:�w l r,j :i1�_"rr ICW fr ",Po%"Fe iy� I-kS:;u�f�+l ��frni �.it[ir�:rhl�fr ryrrd A!r�r?� r�ffftraf>tl�r�lr+anrt on fg5ea' �7 te,?<lrb fic�nrra� iC .0 T!T`rL6CY�4irl�l O CLrrrclif�nn*l {� : N R[rg,RrtMg fY purrF' ti I'.47TITIP I At 4560 75v Stm+:1 c F=xm- Irr0 ?rxt1rt9, AW ! lI e0ir:ntrnl. Agrwkiltueal 11 �or:,N- Pt`d D tPlanr�cd Non Rvsidw)V-z4� Zuni^y 1.)MIfI .' I L ins :J ty, Planniar ty velt r^ r17 Sary x:r.,, Planmrq :3i�riston po.am Rwtm, r4o' 1,4pnning t)ivlston - AT 1�N. lrf l n�S![>+��G.[tl� f i�i�Iutr._ 21f)n Virolnia ,Avrnuct, Ft Pirrrxe I-L 34�3�1 flax * 7 72-411h?2-1a81 Pla&Sa check only one of the throb foWwirfg stptemcn% and rjrttxn by: ul iZIM-A I W ! f A OR OF THE PROPOSED CONOMONAL, USE 1 Am . I ffjaQA OF THE PROPOSED CONOMONAL USE 1 SAVE O P TO T14F PROPOSED CONDITIONAL USE I -certify that, as *( the dato t hi>wn vMhln t -%Ot Of thu proposed OondlOonal Use M►&axc r*rnt) �.._. 1 C f? . _s1_f' i] ,5 'qv . _ � _ - Date: please note that any fwIll tejurned withOl.tt r] name al Id adores will nrrt be conOdorod. All atturnr_.d tcnr. ate a matter 01 public mcord alit; available for YimYirl UPOn r6quie-0 Project Namo Cam! 8, 7+W )�ft�f �_fnc.�F�rm No. 07-20 Packet Pg. 272 9.A.2.p ST. LUCK COUNTY C IC ITI fa4L U . RE Pf, NS FORM gq%lk- '11.0 Ul(C} of Eht= fit. I lr, e'.;t>'s75t' Land Derv+rk�ialrtrrit �.:adG prlivEde tl+ ,'�f`lie[H a wrikEe�^ 7trss� 1Jso pt,yf7)it i6 Iii(lood by thh nwrr-art a;frf JE75;�ri �z�t ar more of Q .against An applIcAllan iOi �+ t;cr't1 �tir,nr:5t III" �i[i�r�+�ithin Iwo hun grad �; f]gy II1Ert of itv: f,raperly affect4d by the r ror<,: eb i ac6w,-, a •;p SuCh Cundstiranak !uuE-Mths (MS) Of UII of (,%F1 80-al i 00 Q Liss Perri -it, shall .10r DO sapprm-ed ext~,eNt by 1Y,i- pnvor'ojD vote ;)r GtMrrty Cr )M%Rionel to 0 it4 (t'�lutt iSrFYda r,l7it rd �5tt;.f)r[t: 7ghiaLn'rrb!i aJj1 r,n x >% 77Ia j ,4 .aft! 7 �`Y[aJ3�114� II I�w ! [JI':I41 �PlJ? f�� fC U I-r]Allt. Q CuRsAItrmt IjLg ,: rl) fiWjf}rn j F rrrf rri V 1,or:dr odA! 4660 25�' N E.xisrotg Zw;hg: AR- 1 IF�.t�s ctc�atiliar , Agrir_.ultU634 • l) to aD P�+rxs 9Faa [ar�inq. �rJ�2t igia► r Nc i1r�sidentj4- luwig DiMrlct,; L a 0 tit t_ucsir r>Dunty,. Pianning & Uovakap -W Se(vk'8% P3nning 1)(vr-9;on L (L F'IRnr?rr rs'ti, Io![ ATIN: ,E f •E }1n 0 I,, S�lJ�S`r.i'Idilll0 P),RseWlvrr, xri d_!�� Y � ,!(K) Vrrgwia Avcn,^ F:, I�fdrt:{, rrt- ;)fi2 Fax # 772-4(i2-1b81 NN Please aback only one of trio Three foilowing statem'01111-s arld return by: Jul' !2 201 I AM !N_EAVOR OF THE PRt7Pf RED t ONDMONAL WSE I AM NgLNfAW OF THE PROPOSED CONDITIONAL US I HAVEN trig TO THE PROPOSED CONDITIONAL USE 1 certify that. ae of the dato rshowrr WOW, I am It l7rOporty owner wlthir nwwf thou propumud Co[ndlitkmot Use. N&r�0 iYuarjre r'rirt[1 -�' ;Y:i�r trucl L)fl1 tp' Y I �b—'5 # loase note that oily form ietusned without a nzjrr-oa and atlilkc;s& -gill not be rz,rn3kiorod, All rotuirmd farms are a nwtter of pohim, retold -Ind WvailaUltr for Vi rirl,'p "onn rcn est Corrrnont[i' project Namo, CU 620111ALS-6--MtM 2�!} g f.. -.1. P 9 t c sm N, U-26 Packet Pg. 273 9.A.2.p ST. LUCIE COUNTY C N IT1 NAL. USE RESPQ E FqR ;rtgfaCi 1 t.;} r.C?i (Cs) of t!.r St. Lucie only Lai Id Cerqkppmen? Giedo orm .dux 0 i8l whor. ti4rYtcn rptcar;t L :e�jRlr!£L f! a 'l aixt�f lC3` [ {3fi^�flfu '1 LXo Pei is s gnrrl hy' Me owners of hit), 150) parr-r-nt ce mrr0 of � Ito a�a within free hundred S °4f)1 fem1 c►' the pr erty allot t d by the propcmed aCttan, .any such f.;cxtr�ils�srtril l�5* Parmil shell nci W. apFxuvx«j exti.r..rA by tno 1owowblo volt* raf f0"r41fli-is 1415) -If all of ihH B dl-d of a Counly Comrt�,gsm) -Ora. in 0 Trnr}ta� f�ce�7t T_, c�?.kjlvIrlrl� frtruf;a„�y f?iikr.ri:�ff jI'lrrrf� �'ir�rl0i�In rrr�ri�+!i rfr�x�xu1 0 7fr�tc�.lkrvvirt:� °r a (rfrtdrf.►�Vo11 Use: N Rogan iev r'r-VAP I i' ci !:(a;RfccO Af cl N .rtt� ?rlray.� A.f, 1 (iri4hn4it�l, I+jT>:Uil�f�sl :: 1 C (r L d PNRD Jill-sinncd Non Resiclential Zcrt3t*J- i]Cstr0l) o L St. Lutiia CrIrtnly, Plarnrlg & Gevflopri-iont Services, PImnni" ijh.lslon. (Z tfr�As#� r�rxlur:f Y'G� s'lane+ing LiviiUfi - {i' IN 9:V)I'i Virginla Avenuu, r- t. 34,q87 g Fax # .1i2-462 1,"J 1 c) Please check onlY c)ne of the tltilee tollowring etatoments and return by'r AIIV 1Z 1 AM IN -FAVOR Or THE PROPOSEO GO-NDIT1ONA1 USIE I AM LA—V0_fR OF THE PROPOSED CONW11ORAt: USE — I H&vE No 11Dhl TO THE. PROPOSED CONDITIONAL USIE i *trltilythal, se of thu date (sbown bolow, 1 arni a Properly owilAr within K of tho p(()p*ae(l cunditlon+ll Use, NormIF'taaso G+rati:t '� ~ IE} �� ���- � i -- Address. -' R ff j ps j4V Please nabb that Eirly fum returned withmut all nartfe and �gddfe w+II rich try een�itt�retl- III C(# k�Cr`ed forms tC aro n rsfa'k r of puhlic f mcd urxi ay.iileblo it}r viewing upon request '--�i— y/f' � / �f � ff � /JIB � 1y /•. {' fkr�� yf� %(/I� P�rojoctNettle.Ct�F 1 i IP+�rli , .nG�a.�_ iti n; _ i No 07-26 Packet Pg. 274 9.A.2.q RESPONSES WITHIN 500 FEET OF SUBJECT PROPERTY Packet Pg. 275 Jul. lb. 2015 9:32A11 Surgical Specialists of St Luice No, 1151 I. 1 STY LUCi� C�SV SF f:ORM C0'NQ1Tt6NA�. US>E > Protest ant code provides that wher ercenittor ore of the owners of fifty (60) P c of the St. I.ucle County land Developmd by the proposed act 0n, any such conditional section 11•p7•W(G) Peffnit is affected by 4lg of all of the Board of a ainsk an of for a cordite f of he prop aYvo able vote of four -fifths ( ) thearea within five hundred prov the fa Use Permit shall not be approved except by County ConMrrltsstoners, r a specially Nospifs! (Drug Addiction+ and Alcahoi Rehabilitation on ra allow fo The Applicant a 12.7 acre parcel. Prapases . The Following conditional Use: Regarding Properly 4560 251h Street [-acafed At: 1 (Resident;al, Agricultural trxisling Zoning: AR---1) . p istr;ct) PNp (Planned lion Residential Zoning Planning Division Proposed zoning: Planning & Development Services, st. Lucie County, _Jeff Johnson gS2nlar Planner Please Refurn TO: Planning Virginia Avenue; Ft. Pierce. FL 3 230D rax # 772-462-1581 Pl®ase Check only one of the thr ee fallowing statements and return by' .lul '!1L Z�M, D CONDITIONAL LiSR IN FAVOR 01 THE PROPOS ! ! AM— lAM N07 !N FAVOR Ol~ TFiF PROPOSED CONDITIONAL At.115E 0 Of}1N401+1 To THE PROPOSED CONDIsi l eaE N proposed ! Certify that, as of the date shown below, ! am a Property owner within Sf70 fast of the Conditional Use, + Nine (Ptease taint): c r Address: J � Signed: Date: Ali returned ill not b Please note that any farmreturned without a name and andr�s�� requeste considered• forms are a matter of public record and available for view 9 p DQrrtments: Project Name: No. 07.26 Packet Pg. 276 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest o against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. _ The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. m The Following Conditional Use: Regarding Property 6 Located At: 4560 251" Street ti Existing Zoning: AR- 1 (Residential, Agricultural -- 1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson, Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2015 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name�n / titn (Please Print): ' + 0610 i t rI Address: Date: I Signed: ---ter Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: S�f%r��c� �^�-"MJ Cfi��t°N/f 4 1 / / % ,�L Gf/C�/� 6✓ �-4 ' F 6 I 1 CJJ- M� -4r^14 t7•+�� CL1 rIf.1 /P•✓. Anie ck-- /� dl -w J S Project Name: CU 620144785 - Mark 2 Properties, Inc. - Conditional Use Permit Form No. 07-26 Packet Pg. 277 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. The Following Conditional Use: Regarding Property Located At: 4560 251" Street Existing Zoning: AR- 1 (Residential, Agricultural — 1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division -- ATTN: Jeff Johnson, Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2016 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE {, I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below,1 am a property owner within 600 feet of the proposed Conditional Use. Name,��'� (Please Print): � � � lj � �" j11* Address: C G 571, I - Date: .��. ,�Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: 7; � / ,4,t v v -ZOO Ids ry y L P/ f Ae, & '? 'e. Project Name: CU 620144785 - Mark 2 Properties, Inc. - Conditional Use Permit Form No. 07-26 L 0 a 0 x r cc m Q. co Packet Pg. 278 07/09/2015 1:31 PM FAX 7724649582+ ASSOCIATED COASTAL ENT 0 0001/000 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St Lucie County Land Development Code provides that where a written protest a against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of o the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional = Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of >% County Commissioners. W The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acro parceL , The Following CondiUonal Use: Regarding Property N LocatedAt. 4560 26�h Street ch (D W Existing Zoning; AR- 1 (Residential, Agricultural —1) o Proposed Zoning; PNRI) (Planned Non Residential Zoning District) Please Return To., St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson. Sensor Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2015 I AM IN FAVOR OF THE PROPOSED CONDITIONAL, USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO (,PINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, l am a property owner within 500 feet of the proposed Conditions[ Use. Name {Please Pdn* Address: Date: Signed: Please note that any form returned without a name and address Will not be considered. All returned forms are a matter of public record and available for viewing Upon request. Comments: 911 Project Name: CU 620144786 — Mark 2 Properties, inc. — Condition I Use Permit Form No. 07-26 Packet Pg. 279 Jul 12 15 05,06p Dick Hirst 7724654637 p.2 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORD Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (60) percent or more of the area within five hundred (5C0) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of fouF-fifths (4!5) of all of the Board of County Commissioners. The Applicant To allow fora Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. The Following Conditional Use: Regarding Prcperty LccafedAt: 4550 26Street Existing Zoning: AR- 1 (Residential, Agricultural —1) Proposed Zoning: PNRD (Planned Nor Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division--ATTN: Jeff Johnson, Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 7,' 2-462-1581 Please check only one of the three following statements and return by: July 12, 2016 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE X I AM NOT IN FAVOR OF THE P POS C TIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional tlse. -- , � z �— / I f 2 -:1- Name ,F'lcase Print): Address: Date:<-,lu l f✓1 .col signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. f Comments:- XR>l� )IVfd slPf_ -t5R 01f R 30 0sAR.r �1,Psrr dl w,a�I�i�! !� s Project Name: Rs 7%e rV OLV 1 •FYI IOU — �INf4I Ii cr_ ly�Jc At—';:h/ h5A A-IJ} U6 W OA r//d W� U"_s ma. <+Vf7GILIVfIZt1 vSC rGc�cn� ff— ,Se,`V Form No. A10 l'70/1 'V 7W6 ,e-f(cP_ J)ti4 Packet Pg. 280 9.A.2.q ST. LUCID. COUNTY ONDIT16-WAL USE RESPONSE FORM ;;wrarnn '1 t W— I(C) of tfse St. I Lyra County Ladd fe,relopcier,! € odc provides that wlIeve a -*T,1ti-!" pr lc�at �rtt1 #� p r 3l10E1 iGt 0 GOf3C111imAl Um Ptlllkt Is '�Xil INtI i1 thr, s5wn+ar.' Or 11f1 j { al l IH31i:rrtt orrrlilsf fitagaL t�'# *Pa w1hsri five hundred ( i0j feA n1 h* lyrr.PO Y �1teGted h4' 1he f1En i QS[ act an. ;]l1y such url�iiL ono I o Use P+.' VA a'lz4 r•" be opp,oved roxc:eP4 by fhr Invoewla v lu of fuur-Ilf`h4 (41;1) rit all Qf tho Boail d Q1 � r County Ci+rrin tic?r» a O r i t To '!30/r'rlr 0 •:,` W(l?,' F 4Js,u1tirt f0rc.v 7tFe1 ,e:arr>, l7r�Jf.Y,s,�4�5 i� •) f 7 :i;:(' f4 'I he FON"-In L) CtlritrlfAT.W 860. Q. J?r.gardtrig pyopelty '. d.taanW f, 4Wq ?5'h Srrr C LY.L.t-m ZmMW - f eL-,0r.nhfiil, JSgfvilufal I I N to O �'Tru;r�9 rl7Grtf�44. PNR_ti,,Rranl;r+d harm- f nsidenb 7:,rii9, 01:54.r:1; a ee h,rn Jr; 0 Lur •r C;Ounty. Planrrir�� $ I}avdlcpl €;i�t Serfi�� . ; L3^:nine I.)rvssuin o pl�rrnrng DIVIa;on — t1Ti N Jefi Jo lEi�fi Y 2.'V)n Viri rn=rl JtiY's;n4rz7 E m "e�. Ft '%49flf I`ox 7 24• 1,2-1581 c� LO pledge c1lack rmlyt One of the three following statemelft and return by: JtilY i'�. 2tt9 C Lh 0 N I AM golvoP, OF THE PROPOsLu CONDITIONAL USF � w I ANN0T IN.f VQR OF THE PROPOSED CONDIMNAti Use N t �►VE IVY PtNN. TQ WE PROPOSED CONDITIONAL USE v�— --- a_ m C l certify that, ea of the de#e shown below, i am a lks�Purty� trr►rncs r wltlftln 6U8 f�fot Of t11t1 pry a °a Conditional lJW y ai Narnol r:' ' r Aci .�' a (]t1f': f : f K aILnLii. a 1' b �11 —..... - ` f C O please rote tat anyfafm rot fn d withotrl a narttu r addr�ns wilt I}at L} r n rd to �Ji r+�iur�td�l forma are a matter 00 Public m- ,Ofil .3rtca 1av�ti��lllr3 for vR�wir�� t�[krl trtgrt[, ,t J as Q C Praj"l Name; O L20186 — N ?-2125►�� iE�c,,.. . ��!f!��fi 0 Ft<ln No U1-28 E CUr Q� Packet Pg. 281 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest o against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of o County Commissioners. _ The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on 2 Proposes a 12.7 acre parcel, W The Following ' Conditional Use: Regarding Property Located At: 4560 25th Street N Existing Zoning: AR- 1 (Residential, Agricultural — 1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July-12 2016 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: isit c, Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments; /W ✓L C_lt-C� l.—� 'r iCG/AC C , L L /"r' n �C'I Project Name: CU 620144786 - Mark 2 Properties Inc. - Conditionsli Use Permit Form No. 07-26 Packet Pg. 282 9.A.2.q To; Jeff Johnson, Senior Planner, Planning and Zoning Commission, St. Lucie County From: Douglas A. Evans, 4598 South 25th Street, Fort Pierce, FL 34981 Re: Application by Mark 2, dba "NU -Way Life Recovery," for Conditional Use Permit with Reclassification from AR1 to PRSD CC: Frank Evans, Denise Glass, Rosie Hawkins, Greg Fasula, Sam Rowe, Ken Unsel, Susan Conant BCC: Chairman and Members, Zoning Commission The purpose of this letter is to ask you to deny the application for rezoning of the property located at 4560* South 25th Street, Fort Pierce, FL, from AR-1 to PRSD. The proposed development is the "NU -Way Life Recovery Center", a planned inpatient specialty hospital for adult men, to be operated on a for -profit basis. Our research indicates that a business such as this 24/7/365 hospital operation is better suited to an area and a property already zoned for commercial use. In your consideration of the application for rezoning, I ask that you address the following points of concern: 1. This area's residents chose this neighborhood to access the amenities of rural peace, quiet, and communion with nature. Our way of life in this rural neighborhood would be vastly diminished, and likely destroyed, if the county allowed ground to be broken on the site for the proposed facility. This project is proposed for construction on the front doorstep of my family's home. 2. The "NU -Way Life Recovery" is a for -profit business operating 24 hours, 7 days, and year-round. NU-Way's traffic and noise nuisance would extend to large delivery vehicles, food service deliveries, trash collection, grounds maintenance, ambulance, steam cleaning service, pressure washing service, etc. They have staff coming and going for three work shifts, patients potentially being admitted and released at all hours for inpatient treatment, as well as potential traffic generated by outpatient or group therapy patients. I see no current indication that this business would be restricted from offering outpatient as well as inpatient services, so the level of vehicular traffic generated may go far beyond that indicated by merely the bed capacity of proposed specialty hospital. a. The proposed NU -Way project is most similar in commercial property characteristics to the area's established full -service hospitals—Lawnwood Medical Center and St. Lucie Medical Center; and one specialty hospital — Port St. Lucie Hospital. These established hospitals are appropriately located in commercial zones. b. A couple of nearby medical offices, located south of our property on South 25th Street, have the PNRD zoning. The existing medical offices are open during normal business hours, and no more, and they see patients singly, and by appointment. As an optical office and a chiropractic office, they fit the character of this area in terms of scale, hours of operation, and general absence of nuisance factors. c. This proposed land use is inconsistent with the likely direction of zoning for the White City neighborhood after this unincorporated area of the county shortly becomes annexed to Fort Pierce, and falls within the city Evans, 4598 S. 25th Street, Fort Pierce, FL 34981 July 14, 2015 (Corrected) Page 1 of 4 Packet Pg. 283 9.A.2.q code for property use and zoning. (Who will enforce the county's representations concerning land development after the city annexes this section?) 3. Communications disseminated through the zoning office are inconsistent as to whether the NU -Way Life Project has announced plans for a capacity of 40 beds or 80 beds. a. Either way, this NU -Way Life Project appears to provide excess capacity relative to the state's current projection of hospital bed needs for the July 2019 planning horizon. This NU -Way project alone would potential oversupply of specialty hospital beds in this state -designated hospital planning district. In a report that apparently does not incorporate this NU - Way project, the state's planning projection appears to show a small oversupply of seven substance -abuse specialty hospital beds by July 2019 for this medical district (District 9). b. I also understand that the state agency's projection does not incorporate new capacity from two other new substance abuse rehabilitation facilities that are currently also being planned for the White City neighborhood. (Source: See Adult Substance Abuse Bed Need Summary, July 2019 Planning Horizon, Agency for Health Care Administration) 4. Moreover, we see that the Port Saint Lucie Hospital, an existing mental health treatment hospital in this county, currently has capacity for 75 beds, and has state licensing approval for an expansion of 30 more beds. It appears that they have not activated this additional capacity. This evidence could indicate the area already has certainly an adequate --or even an excess --capacity, and that the addition of this new project could produce an oversupply. Our community does not need a new for -profit hospital to threaten the viability of existing providers, and it appears that market demand does not support the imposition of this grievous nuisance into our midst. We do not want the White City neighborhood to gain notoriety as a center for substance abuse treatment centers, or failed substance abuse treatment centers. 5. The rezoning application is being presented for consideration when schools are in summer recess. As the proposed construction site is across the street from a high school, I ask that you provide time to make the administrators, teachers, and parents aware that the county is considering a zoning application that could result in locating a large treatment center for adult male substance abusers in close proximity to the school. In view of an absence of online or other public information about the proposed project, the developer, or the operator, I would like the county to ascertain and disclose answers to the following questions about the types of activities contemplated for this hospital: Evans, 4598 S. 25th Street, Fort Pierce, FL 34981 July 14, 2015 (Corrected) Page 2 of 4 Packet Pg. 284 9.A.2.q We would like the county to ascertain and make public the predominant expected sources of inpatient referrals, and, specifically, what share of these are expected to come from law enforcement; and court orders. We would like the county to ascertain and announce whether this facility is eligible to be certified as a Baker Act and Marchman Act receiving facility. We would like to know to what extent this facility intends to engage in contractual research for clinical trials of experimental medications. In view of these considerations, again I ask you to deny this re -zoning application. Despite my own and neighborhood -wide opposition to the approval of this NU -Way project application, I realize that the outcome of this application could be determined in either direction. In the event that the zoning commission chooses to approve the application, I ask that any such approval be accompanied by conditions and restrictions that would limit the long-term destructive capacity of this unwanted presence in the White City neighborhood. Because the affected property is subject imminently to annexation to Fort Pierce, I ask that the county discuss with the affected neighborhood how the county can assure us that it would continue to uphold any commitment it makes to the neighborhood regarding this development. To guard against specialty hospital market overcapacity, I ask that any zoning approval be conditioned on the prior possession of a certificate of need as determined by Florida's Agency for Health Care Administration. We would like the county to commit to notify the public and the community if the NU - Way operation seeks certification as a Baker Act and Marchman Act receiving facility; and if NU -way receives such a certification, notify the public and community again. further ask that the county and the zoning office establish appropriate requirements and enforcements that might render more bearable the proposed presence of a specialty hospital and its round-the-clock activities: • Restrict any license and structure to a far reduced number of beds, given the state's projection of the apparent market supply for these beds and the applicant's lack of (A) local business reputation and (B) local ties. • For permanent structures, set and enforce appropriate conditions for drainage, plantings, lighting, perimeter barriers, and access to roadways. • During construction, establish days and hours of site preparation and construction, and parking arrangements for equipment and crews. • Restrict construction times to 10 hours on weekdays, and perhaps 4 hours on weekends, all falling into normal business hours. Evans, 4598 S. 25th Street, Fort Pierce, FL 34981 July 14, 2015 (Corrected) Page 3 of Packet Pg. 285 9.A.2.q • Separate construction traffic for the hospital from the driveway to our family residence. • Establish how and where construction vehicles and crew would gain access to the site for unloading and parking without inconveniencing neighbors. During construction, establish requirements to keep crews on the Owens property during breaks and before shifts. • For hospital operations, establish and enforce parking restrictions, noise regulations, and odor control. • Require an ongoing substance abuse testing program for all facility staff, whether part-time, full-time, temporary, or permanent. • After hospital operations commence, ensure that emergency activities such as fire drills and arrivals of emergency vehicles are handled without sirens. • Have a plan in place for dealing with trespassers onto private, residential property. • Silence sirens on emergency vehicles transporting patients to NU -Way. • Separate employee and patient outdoor break areas from impacting nearby residents in terms of noise or odors. • Beginning during construction and extending to the operations phase, establish a "No Idling" zone at NU -Way to limit noise and diesel odor and pollution. • Establish an effective dispute resolution process, such as a neighborhood planning unit, to allow a neighborhood forum to address and resolve grievances with the developer and operator, without necessarily involving the court system for each separate grievance. We would like the neighborhood group to have access to a citizens' advocate in the prosecutor's office, to communicate with the neighborhood when an individual with a violent history is discharged from or leaves the hospital prematurely. Thank you for your support of our community values as our county develops. Evans, 4598 S. 25th Street, Fort Pierce, FL 34981 July 14, 2015 (Corrected) Page 4 of 4 Packet Pg. 286 9.A.2.q _ST. LU_ CIE COUNTY CONDITIONAL USE RESPONSE FORM tM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest o against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional a Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of o County Commissioners. _ r The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on 1 Proposes Prop a 12.7 acre parcel. Q. The Following co Conditional Use: Regarding Property U r_ Located At: 4560 25'" Street N Existing Zoning: AR- 1 (Residential, Agricultural — 1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12 2015 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name (Please Print): Address: Date: 9 Signed: �_�Lt �a 9-1 LI Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: al Project Name: CU 620144786 - Mark 2 Properties, Inc. - Conditional Use Permit Form No. 47-26 �u k04 ��''���Irnrr: a-rr� � �o; T� P��rce C.hese_ -40 C Uti: �E tom, lac in �S'eSln+i�( C3mmV� ibs� -�no4S Packet Pg. 287 "Not in My Backyard": 9.A.2.q The Effect ®f Substance Abuse Treatment Centers an Property Values Authors Claire R. La Roche, Bennie D. Waller, and Scott A. Wentland A b s t r ci c t Residential treatment centers offer the most intense form of treatment for substance abuse and are often embedded in residential neighborhoods. As a result of the Patient Protection and Affordable Care Act, the number of treatment centers has been forecasted to burgeon. We examine the external effect of residential rehab centers on nearby real estate. As addiction treatment centers are planned, a common response of nearby property owners is "not in my backyard" (NIMBY). Using a large MLS dataset from central Virginia, we estimate the impact of substance abuse treatment centers on nearby home prices and liquidity (as measured by time on market). We find that a neighboring treatment center is associated with an 8% reduction in nearby home prices, and that this discount is magnified for treatment centers that specifically treat opiate addiction (as much as 17%). The primary residence is perhaps the greatest single investment made by an individual and the mantra "location, location, location" is an ever-present concern of a prospective buyer. Before purchasing a home, a savvy buyer will frequently research the community and the school system, as well as the crime statistics. When homeowners are made aware of an application for a special use permit for the possibility of an addiction treatment center being located in their neighborhood, initial concern for personal and household safety, followed by the stark realization that home values in their neighborhood may be adversely affected, almost always lead homeowners to the universal response of "not in my backyard" (NIMBY). The typical opposition to a proposed substance abuse treatment facility is based on two visceral concerns: an increase in crime risk and a related decrease in property values. The primary purpose of this paper is to examine the latter claim empirically, determining whether there is significant evidence that treatment centers have a negative impact on nearby real estate. Ex ante, it is not clear that substance abuse treatment centers will adversely impact neighboring real estate, which motivates our empirical examination of this externality. On one hand, there may be a priori reasons to suspect that treatment facilities will not have much of an impact on neighboring real estate. Locating addiction treatment centers in residential areas has become commonplace. JOSRE f Vol. 6 1 No. 1 — 2014 Packet Pg. 288 bA 1 La Roche, Waller, and Wentland 9.A.2.q Treatment centers tend to be inconspicuous and may have blackout curtains and minimal signage (or no sign). The housing is often gated and locked at a certain time of the day. Generally, clients enrolled in residential treatment programs are not allowed to interact with the "locals" of the neighborhood or leave the premises. Under current law (discussed in the next section), despite their challenges, residential treatment centers have relatively few limitations on where they are sited. On the other hand, like many negative externalities or NIMBY issues, there are reasons to suspect that rehab facilities may adversely impact neighboring real estate. Substance abuse is a multifaceted health issue and many patients in residential treatment have a dual diagnosis: a mental health issue and an addiction (Connery, 2011). The Substance Abuse Mental Health Services Administration (SAMHSA, 2008) surveyed 14,423 facilities in 2008 and had a response rate of 94.1 %. The SAMHSA survey indicated that 39% of the clients in treatment centers had a dual diagnosis. In addition, concurrent alcohol and drug addiction accounted for approximately 45%, while clients in treatment solely for drug abuse accounted for 34%-36% and 18%-20% of the patients only abused alcohol (SAMHSA, 2008). One consequence of locating drug and alcohol rehabilitation centers in residential areas is that patients in substance abuse treatment programs frequently leave or are administratively discharged before successful completion. At some point, experts say that, "relapse is an almost unavoidable —and potentially useful —step in recovery" (Shaffer, 2012). For many, intensive residential treatment is a "last resort." A healthy family of an addict will decline to "enable" negative behavior and, instead, will insist that the alcoholic/addict experience the "consequence" of the decision to use again and refuse treatment. In other words, the family will often not offer any form of financial support and the addict will have to fend for himself or herself. In addition to having a substance abuse disorder and possibly a dual diagnosis, those who relapse and leave treatment prior to completion often have limited job skills and perhaps even a criminal record —factors that make employment a challenge. Thus, as a practical matter, nearby neighbors may have valid concerns that the presence of a treatment center will be accompanied by additional unemployed or even homeless addicts on the street near the area in which the treatment center is located. This perception of elevated risk in these areas may then be reflected in the market prices of nearby real estate. The likely occurrence of relapse combined with the probability of criminal charges and/or convictions associated with substance abuse corroborates the argument that the presence of a treatment center may bring objectionable consequences into a community. The purpose of this paper is to use market data to assess whether there is substantial evidence of nearby real estate being adversely impacted by the presence of treatment centers, consistent with the potential risks that proximity to these facilities may bring. As a clear-cut NIMBY issue, this paper contributes to the broader literature of examining the market effects of specific externalities or environmental factors in real estate. Our study contributes to the literature by being the first to examine the effect of substance abuse treatment centers on the Packet Pg. 289 "Not in My Backyard" 1 65 9.A.2.q surrounding real estate market and, more generally, adding to our understanding of external factors that impact home prices. Substance Abuse 'treatment: Salient Issues, Recent Trends, and Related Literature It is anticipated that the impact of the July 1, 2014 changes to insurance coverage under the Affordable Care Act (ACA) will cause the number of treatment centers to burgeon and thus, a study of the effect of nearby addiction treatment centers on real estate is timely. Prior to investigating treatment centers' effects on nearby real estate, it is crucial to understand the background of substance abuse treatment and why the current issues motivate the examination of potential real estate externalities. Although accurate statistics of drug or alcohol disorders are difficult to obtain, according to a Harvard Medical School Special Health Report, between 15% and 28% of Americans will have a substance use disorder sometime during their lifetime and this estimate does not include addiction to nicotine (Shaffer, 2012). Residential treatment has become a more common way to treat addiction and, like many areas in healthcare services, residential rehabilitation has become a growth industry. Broadly speaking, there are three types of treatment centers: intensive outpatient program (IOP), inpatient treatment, and partial hospitalization program (PHP). Typically, IOP treatment centers offer each client nine hours of group therapy, one hour of individual therapy, and one hour of case management (managing auxiliary services) per week. IOP clients either live in a halfway house or at home with strict guidelines established by their primary therapist. Although halfway houses can vary greatly, they generally have full-time house managers and mandatory, random urinalysis. Inpatient programs require clients to live at the facility in which all treatment takes place and may either be freestanding or hospital -based. PHP, also known as the "Florida model," is a hybrid version of inpatient treatment and intensive outpatient treatment: individuals go to a counseling center during the day, and after a full day of therapy sessions return to off -site housing located in a neighborhood. Behavioral health technicians work at the off -site facilities around the clock. Mandatory addiction treatment (commitment) does not exist under the law. An addict must choose to be in a recovery program. It is interesting to note that all three of the substance abuse treatment models include the possibility of group housing in neighborhood settings. Projected Increase in SUD Treatment Facilities: MHPAEA and the ACA The Patient Protection and Affordable Care Act (PPACA), also known as Obama Care, made sweeping changes to Mental Health/Substance Use Disorder JOSRE I Vol. 6 1 No. 1 -- 201 R Packet Pg. 290 66 1 La Roche, Wailer, and Wentland 9.A.2.q (MH/SUD) insurance coverage that went into effect on July 1, 2014. To understand the ramifications for residential treatment centers, it is necessary to briefly examine the legislative history of MHISUD insurance coverage. Prior to July 1, 2014, the high cost of MH/SUD treatment meant that it was only available to patients with (or whose families have) considerable means, or those whose health insurance provided coverage. The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) attempted to address the unequal treatment of MHISUD health insurance coverage and legislated equal treatment between MH /SUD benefits and medical/surgical benefits. If a plan had MH/SUD coverage, then it must be on par with the medical/surgical benefits offered under that policy. The MHPAEA did not mandate that an insurance policy must cover MHISUD and only applied to group health plans sponsored by employers with 50 or more employees. Both individual and small employer group policies were specifically exempted from coverage (MHPAEA Fact Sheet). The PPACA mandates that MHISUD coverage be included in marketplace health insurance policies as an "essential health benefit" as of July 1, 2014 (MHPAEA Fact Sheet). The effect of inclusion of MHISUD coverage as an essential health benefit is that the MHISUD parity rules now apply to non-grandfathered individual and small group plans (Beronio, Po, Skopec, and Glied, 2013). With expansion of the "parity rules" and inclusion of MHISUD coverage as an essential health benefit under the ACA, it is anticipated that the number of patients having access to expensive addiction treatment options will grow exponentially, as will the number of treatment centers. Antidiscrimination Housing Laws When a proposed treatment center is sited, concerned members of the community frequently pressure lawmakers or hire attorneys, causing treatment centers to fight protracted legal battles that attempt to prevent the opening of the center. However, numerous laws hinder such NIMBY efforts, providing legal basis for treatment centers to be located just about anywhere. There are several federal laws that prohibit discrimination in housing based on a "disability" and define disability as: "Any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such impairment" (HUD). Substance abuse disorders are clearly recognized disabilities and thus are covered under fair housing laws. Federal housing laws that prohibit disability -based discrimination and ensure equal housing opportunities are briefly discussed below. Nth- Housing flct. The Fair Housing Act (FHA) was designed to prohibit discrimination in housing. In 1988, the FHA was amended to include persons with handicaps to the protected classes under the FHA, 42 U.S.C. §3604(f)(3)(B). The definition of "handicap" under the FHA is very broad, and drug addiction and alcoholism are considered to be disabilities that are covered. The FHA also has a provision (42 U.S.C. §3604(f)(9)) that permits the exclusion of those "whose tenancy would constitute a direct threat to the health or safety of other individuals or ... would result in substantial physical damage to the property of others." Thus, Packet Pg. 291 "Not in My Backyord" 1 67 9.A.2.q the FHA does not protect an individual currently using illegal drugs or a person with a conviction of distributing or illegally manufacturing a controlled substance. The FHA covers almost every aspect of a real estate transaction. According to the Act, it is illegal to discriminate in the sale or rental of a dwelling against a person with a disability. Thus, an alcoholic/addict cannot be denied housing based solely on his or her addiction. The Act does permit "reasonable local, State or Federal restriction regarding the maximum number of occupants permitted to occupy a dwelling" 42 U.S.C. §3607(b)(1). This exemption is for living space per occupant and is intended to promote health and safety, not exclude group homes from residential areas. Although a person with a conviction for dealing or illegally manufacturing a controlled substance is not protected under the FHA, a drug distribution conviction does not automatically exclude a person from invoking the Rehabilitation Act or the Americans with Disabilities Act. Rehabilitation Act. §504 (45 CFR Part 84) of the Rehabilitation Act of 1973 prohibits any entity from receiving federal funds from discriminating on the basis of a disability. Drug addiction and alcoholism are covered under this act as well. Communities have attempted to use zoning laws to exclude treatment centers. Under §504, if a community's zoning regulation excludes substance abuse treatment centers, that community risks losing its federal funds. Americans trith Disabilities Act. Among other things, the purpose of Title Il of the Americans with Disabilities Act (ADA) is to eliminate discrimination in housing against people with disabilities. This Act has further reach than §504 of the Rehabilitation Act because the receipt of federal funds is not required for Title 11 of the ADA to apply. Zoning and Case Law. Zoning regulations create perhaps the biggest barrier to entry for a substance abuse center. As a practical matter, when considering a proposed site for a treatment center, the owners prefer to avoid spending a lot of time and money fighting a protracted court battle associated with a zoning ordinance. This mindset, however, did not stop a significant case from being appealed to the United States Supreme Court by Oxford House, a self-supporting, resident -run, residential treatment program. In the landmark case of City of Edmonds v. Oxford House, Inc., et al., 514 U.S. 725 (1995), the City of Edmonds attempted to use an occupancy restriction in a zoning ordinance to exclude treatment centers from residential areas. The zoning ordinance in question allowed an unlimited number of related persons to live in a home and attempted to restrict the number of unrelated persons living in a single-family dwelling to five. The City of Edmonds claimed that the §3607(b)(1) exemption to the FHA applied to the city's zoning ordinance. In a 5-4 decision, the Supreme Court held that a zoning ordinance that defined a family in such a way as to exclude treatment centers was unlawful. The ordinance was not a maximum occupancy provision but a provision describing who may compose a "family" and, thus, it violated the FHA. This case was a critical victory for the "Oxford House Model" because this community -based treatment program leases houses located in upscale neighborhoods across the U.S. JOSRE I Vol. 6 1 No. 1 - 2014 Packet Pg. 292 68 1 La Roche, Wailer, and Wentland 9.A.2.q The bottom line is that there must be a "rational basis" for zoning regulation to be valid and localities have consistently been prohibited from discriminating against substance abuse treatment centers. Absent drastic changes to the laws outlined above, it is clear that residential centers are here to stay, and that if challenged in court, N1MBY proponents will have an uphill battle. Thus, given the growth trends in this industry, the potential risks posed to neighbors, and the laws that protect the treatment centers' rights to locate almost anywhere, what is the consequence for real estate when a treatment center is located in one's "backyard," so to speak? Related Literature in Real Estate Researchers have long recognized that numerous externalities impact the marketing outcomes of residential real estate. These externalities may include, for example, neighboring pollution,' or even the condition of adjoining or nearby properties and/or the tenant's behavior living in such properties. Real property has intangible benefits or disamenities, which are determined largely by public perception and capitalized into the pricing and marketing duration of residential properties. Furthermore, negative externalities are likely to significantly impact the marketing outcomes of properties in close proximity to the properties being marketed for sale, as well as impact the desirability of the overall neighborhood. Such "stigma" events are likely to be correlated with an exodus of higher income residents causing a "snowball" effect in declining property values (McCluskey and Rausser, 2003). There are a number of researchers who analyze the degree to which external or neighborhood factors, both positive and negative, are capitalized in residential real estate marketing outcomes. For example, Thaler (1978) finds a negative relationship between neighborhood crime rates and property values. Gibbons (2004) finds an inverse relationship between vandalism and property values in London. As one would expect, robbery and aggravated assault rates have a significant and negative impact on property values (Ihanfeldt and Mayock, 2010). Pope (2012) found that decrease in crime rates had a positive effect on property values, particularly in those cities with substantial decreases in crime rates. Using a microspatial approach, Rosiers (2002) examined the impact of the visual encumbrance of power lines on property value and finds that on average it negatively impacts value by approximately 10%, but increases to 14% in areas where setback in property lines are less. As a result of the recent economic and housing collapse, there are several studies that have examined the impact of foreclosed properties. Foreclosed properties may present a variety of negative effects on neighboring properties, including (but not limited to) the "eyesore effect" where neighboring foreclosures that have long been vacant adversely impact the aesthetic appeal of the neighborhood. Such studies include Harding, Rosenblatt, and Yao (2009), Lin, Rosenblatt, and Yao (2009), Daneshvary, Clauretie, and Kader (2011), Daneshvary and Clauretie (2012), and Agarwal, Ambrose, Chomsisengphet, and Sanders (2013). Generally, these studies find negative neighborhood spillovers from foreclosed or distressed properties. Packet Pg. 293 88 1 La Roche, Waller, and Wentland 9.A.2.q treatment centers are still negatively impacted, and by approximately the same magnitudes. Indeed, the last two columns are particularly striking. Given that this is already a "within neighborhood" estimation, by controlling for location, the fact that the substance abuse treatment center result is robust when the control group is reduced to 1 mile and 0.6 miles indicates that unobserved spatial heterogeneity is not likely driving the core results of this paper. More intuitively, this provides strong evidence that the substance abuse treatment center effect is not simply a "bad part of town effect," in that we are comparing "apples with apples" across the dimension of location; and, the principle characteristic distinguishing the variation in prices in these areas is the presence of a nearby substance abuse treatment center. Based on these results, we cannot conclude that there is a robust impact on property liquidity, but there appears to be a robust negative relationship between the presence of a substance abuse treatment center and nearby home values. Conclusion In this study, we find evidence that residential substance abuse treatment centers adversely impact the price of neighboring homes. We find that homes within 1 /8 mile of a treatment center sell for approximately 8% less than otherwise comparable homes that are located further away. Furthermore, we find that the market differentiates between potential risks that nearby treatment centers may carry, as living near a methadone clinic that treats opiate addictions such as heroin or morphine may be associated with a reduction in home values by as much as 17%. We find little evidence that nearby treatment centers affect a home's time on market. Examining this particular externality is important to the broader literature on neighborhood externalities and environmental factors, as well as the specific literature on the issue of residential treatment centers. The PPACA has expanded MH/SUD coverage and made intensive treatment options affordable, and as a result, demand for effective substance abuse treatment is increasing. Operating a treatment center is a growing industry and it is reasonable to assume that new centers will be built nationally, many of which will be sited near or within residential communities. Indeed, there is very little that individuals and localities can do to prohibit a substance abuse treatment center from locating in a residential area because alcohol and drug addiction is considered to be a handicap and thus alcoholic/addicts in recovery are members of a protected class under the federal anti -discrimination housing laws. Hence, as residential treatment centers become more common, it is important to understand all their effects, including the effects they may have on nearby real estate and how markets price the potential risk of nearby externalities. Endnotes For a more complete review on the impact of environmental externalities, see Boyle and Kiel (2001). Packet Pg. 294 "Not in My Backyard" 1 89 9.A.2.q $ Consistent with other real estate studies, we culled outliers from our data set, confining our data to more "typical" range of homes listed at less than $1,000,000, fewer than 10 bedrooms, fewer than 16 acres (99% of observations), property taxes paid that were less $10,000 (99% of observations), and younger than 150 years old (99% of observations). For our other dependent variable of interest, time on market, we similarly trim the 1% extremes. Generally, the findings are not sensitive to dropping these observations. Further, important to disclose how our data has been trimmed for transparency and replicability. As an additional quality check, a sample of the MLS data was compared to county tax records, which contain data on price and housing characteristics. There were approximately 153, 96, and 60 properties listed within 0.175 miles, 0.15 miles, and 0,125 miles of a rehab treatment facility respectively, over the time period of our study. Given the very recent and projected growth of rehab centers nationally, future research will be able to take advantage of additional homes (data points) being bought and sold near rehab facilities. a The choice of this radius does not fundamentally alter the qualitative conclusions of this study. The definition of one's "backyard" is somewhat ambiguous, and may differ depending on an individual's perception. Some externality studies use 0.1 mile, 0.2 mile, or 0.3 mile as a radius to examine a given externality. While similar results are obtained looking at bands slightly larger and slightly smaller, we follow Congdon-Hohman (2013) and use 118 mile in most of our tabulated regression results. An easy way to think of 0.125 miles, 0.15 miles, and 0.175 miles is that these are 2.5 minute, 3 minute, and 3.5 minute walks respectively (assuming a pace of 3 miles per hour). s For recent examples of amenity or disamenity studies of externality effects, see Asabere and Huffman (1991), Gibbons (2004), Linden and Rockoff (2008), Pope (2008), Rossi- Hansberg, Sarte, and Owens (2010), Campbell, Giglio, and Pathek (2011), Hoen, Wiser, Cappers, Thayer, and Sethi (2011), Daneshvary, Clauretie, and Kader (2011), Grout, Jaeger, and Plantinga (2011), Daneshvary and Clauretie (2012), Congdon-Hohman (2013), Guignet (2013), Linn (2013), Munneke, Sirmans, Slade, and Turnbull (2013), and Wentland, Waller, and Brastow (2014). Recent examples include neighborhood foreclosure effects (Harding, Rosenblatt, and Yao, 2009; Lin, Rosenblatt, and Yao, 2009; Agarwal, Ambrose, Chomsisengphet, and Sanders, 2010). Kuminoff, Parmeter, and Pope (2010) survey 69 hedonic studies and found that 80% rely on linear, semi -log, or log -log functional form. We have explored a number of non- linear functional forms and our results remain robust. Rather than repeat all of the above models with various non -linear explanatory variables, the authors will produce results of alternative specifications upon request. a For example, we use the following property specific variables: square footage, age, acreage, number of bedrooms, bathrooms, number of stories, new, vacant, HOA fees, whether it has a pool, a tenant, a basement, and whether it is a short sale or foreclosure. We also include year fixed effects to control for variation over time. 9 When we explore different location controls later, we will cluster by location (e.g., census tract, block group, or block). 10 For example, see Yavas and Yang (1995), Knight (2002), and Turnbull and Dombrow (2006). " Specifically, both our paper and Zahirovic-Herbert and Turnbull (2008) calculate C in the following way: "The days -on -market or selling time is s(i) — I(i) + 1, where I(i) and s(i) are the listing date and sales date for house i. Denoting the listing date and JOSRE I Vol. 6 1 No. 1 - 2614 Packet Pg. 295 90 1 La Roche, Waller, and Wentland 9.A.2.q sales date for house j by 1(j) and s(j), the overlapping time on the market for these two houses is lnin[s(i), s(j)] — max[l(i), l(j)]. The straight-line distance in miles between houses i and j is D(i, j). The measured competition for house i is: C(i) = Zf (I — D(i, j))2{min[s(i), s(j)] — max[l(i), 1(j)]) where the summation is taken over all competing houses j, that is, houses for sale within one mile and 20% larger or smaller in living area of house i" (Zahirovic-Herbert and Turnbull, 2008). 12 At the suggestion of a reviewer, we also identify the system by using different control variables. A simple way to do this is to use different location controls. We use ZIP Code fixed effects in the price equation, and census tract fixed effects in the time on market equation. Generally, the results are not very sensitive to which location controls are used in each equation. Further, the results are similar when we use the Turnbull and Dombrow (2006) method alone to identify the system. According to Belsley (1988), when there are strong interrelations among error terms, 3SLS is used instead of 2SLS in estimating systems of equations because it is more efficient. Specifically, one would expect unobservables that contribute to error in estimating price to be also correlated the error in liquidity. 14 See www.census.gov for more detail, specifically: http://www.census.gov/geo/www/ cob/tr—metadata.html#gad. References Agarwal, S., B. Ambrose, S. Chomsisengphet, and A.B. Sanders. Thy Neighbor's Mortgage. Does Living in a Subprime Neighborhood Affect One's Probability of Default? Real Estate Economics, 2012, 40A, 1-22. Asabere, P. and F. Huffman. Historic Districts and Land Values. Journal of Real Estate Research, 1991, 6:1, 1-8. Augusta Chronicle. Neighbors Oppose Upscale Rehab Facility in South Augusta. http: // chronicle.augusta.com.news /health/2013-08-05 /neighbors-oppose-upscale-rehab-facility- south-augusta, August 5, 2013. Belsley, D.A. Two- or Three -stage Least Squares? Computational Economics, 1988, 1, 21- 30. Beronio, K., R. Po, L. Skopec, and S. Glied. ASPE Research Brief, Affordable Care Act Will Expand Mental Health and Substance Use Disorder Benefits and Parity Protections for 62 Million Americans. http://aspe.hhs.gov/health/reports/2013/mental/rb—mental. cfm, February 20, 2013. Boyle, M. and K. Kiel. A Survey of House Price Hedonic Studies of the Impact of Environmental Externalities. Journal of Real Estate Literature, 2001, 9:2, I17-44, Campbell, J.Y., S. Giglio, and P. Pathak. Forced Sales and House Prices. American Economic Review, 2011, 101:5, 2108-31. City of Edmonds v. Oxford House, Inc., et at., 514 U.S. 725. 1995. Congdon-Hohman, J. The Lasting Effects of Crime: The Relationship of Discovered Methamphetamine Laboratories and Home Values. Regional Science and Urban Economics, 2013, 43:1, 31-41. Connery, H. Alcohol Use and Abuse —A Harvard Medical School Special Health Report. 2011. Fact Sheet MHPAEA. http://www.dol.gov/ebsa/newsroom/fsmhpaea.htmi, HUD Disability Rights in Housing. http://portal.hud.gov/hudportal/HUD?src=/program— offices/fair—housing—equal—opp/disabilities/inhousing. Packet Pg. 296 "Not in My Backyard" 1 91 9.A.2.q Coulson, N.E. and R.M. Leichenko. The Internal and External Impact of Historical Designation on Property Values. Journal of Real Estate Finance and Economics, 2001, 23: 1, 113-24. Daneslrvary, N. and T.M. Clauretie. Toxic Neighbors: Foreclosures and Short -Sales Spillover Effects from the Current Housing -Market Crash. Economic Inquiry, 2012, 50:1, 217-31. Daneshvary, N., T.M. Clauretie, and A. Kader. Short -Term Own -Price and Spillover Effects of Distressed Residential Properties: The Case of a Housing Crash. Journal of Real Estate Research, 2011, 33:2, 179-207. Gibbons, S. The Cost of Urban Property Crime. Economic Journal, 2004, 114, 441-63. Grout, C.A., W.K. Jaeger, and A.J. Plantinga. Land -use Regulations and Property Values in Portland, Oregon: A Regression Discontinuity Design Approach. Regional Science and Urban Economics, 2011, 48:2, 98--107. Guignet, D. What Do Property Values Really Tell Us? A Hedonic Study of Underground Storage Tanks. Land Economics, 2013, 89:2, 211--26, Harding, J.P., E. Rosenblatt, and V.W. Yao. The Contagion Effect of Foreclosed Properties. Journal of Urban Economics, 2009, 66:3, 164-78. Hite, D., W. Chern, E Hitzusen, and A. Randall. Property -Value Impacts of an Environmental Disamenity: The Case of Landfills. Journal of Real Estate Finance and Economics, 2001, 22, 185-202. Hoen, B., R. Wiser, P. Cappers, M. Thayer, and G. Sethi. Wind Energy Facilities and Residential Properties: The Effect of Proximity and View on Sales Prices. Journal of Real Estate Research, 2011, 33:3, 279-316. Ihlanfeidt, K and T. Mayock. Panel Data Estimates of the Effects of Different Types of Crime on Housing Prices. Regional Science and Urban Economics, 2010, 40, 161-72. Knight, J. Listing Price, Time on Market and Ultimate Selling Price: Causes and Effects of Listing Price Changes. Real Estate Economics, 2002, 30:2, 213-37. Krainer, J. A Theory of Liquidity in Residential Real Estate Markets. Journal of Urban Economics, 2001, 49:1, 32-53. Kuminoff, N.V., C.F. Parmeter, and J.C. Pope. Which Hedonic Models Can We Trust to Recover the Marginal Willingness to Pay for Environmental Amenities? Journal of Environmental Economics and Management, 2010, 60:3, 145-60. Levitt, S.D. and C. Syverson. Market Distortions When Agents Are Better Informed: The Value of Information in Real Estate Transactions. Review of Economics and Statistics, 2008, 90:4, 599-611. Lin, Z., E. Rosenblatt, and V.W. Yao. Spillover Effects of Foreclosures on Neighborhood Property Values. Journal of Real Estate Finance and Economics, 2009, 38:3, 387-407. Linden, L. and J.E. Rockoff. Estimates of the Impact of Crime Risk on Property Values from Megan's Law. American Economic Review, 2008, 98:3, 1103-27. Linn, J. The Effect of Voluntary Brownfields Programs on Nearby Property Values: Evidence from Illinois. Journal of Urban Economics, 2013, 78, 1-18. McCluskey, J. and G. Rausser. Stigmatized Asset Value: Is it Temporary or Long -Term? Review of Economics and Statistics, 2003, 85:2, 276-85. Munneke, H.J., C.F. Sirmans, B.A. Slade, and G. Turnbull. Housing Regulation, Externalities, and Residential Property Prices. Real Estate Economics, 2013, 41:3, 422-56. Pope, D. and J. Pope. Crime and Property Values: Evidence from the 1990s Crime Drop. Regional Science and Urban Economic, 2012, 42, 177-88. JQSRE I Vol. 6 1 No. 1 - 2014 Packet Pg. 297 92 1 La Roche, Waller, and Wentlond 9.A.2.q Pope, J. Fear of Crime and Housing Prices: Household Reactions to Sex Offender Registries. Journal of Urban Economics, 2008, 64, 601-14. Reichert, A., M. Small, and S. Mohanty. The Impact of Landfills on Residential Property Values. Journal of Real Estate Research, 1992, 7:3, 297-314. Rosiers, ED. Power Lines, Visual Encumbrance and House Values: A Microspatial Approach to Impact Measurement. Journal of Real Estate Research, 2002, 23:3, 275-301. Rossi-Hansberg, E., P-D. Sarte, and R. Owens, Housing Externalities. Journal of Political Economy, 2010, 118, 485-534. SAMHSA. National Survey on Substance Abuse Treatment Services (N-SSATS). 2008. http://www.samhsa.gov/sanilisanewsletter/Volume-18—Nuiuber—I /TreatmentFacilities. aspx. Shaffer, H. Overcoming Addiction Paths Toward Recovery ---A Harvard Medical School Special Health Report. 2012. Thaler, R. A Note on the Value of Crime Control: Evidence from the Property Market. Journal of Urban Economics, 1978, 5:1, 137-45. Turnbull, G. and J. Dombrow. Spatial Competition and Shopping Externalities: Evidence from the Housing Market. Journal of Real Estate Finance and Economics, 2006, 32:4, 391-408. Wentland, S., B. Waller, and R. Brastow. Estimating the Effect of Crime Risk on Property Values and Time on Market: Evidence from Megan's Law in Virginia. Real Estate Economics, 2013, 42:1, 223-51. Yavas, A. and S. Yang. The Strategic Role of Listing Price in Marketing Real Estate: Theory and Evidence. Real Estate Economics, 1995, 23:3, 347-68. Zahirovic-Herbert, V. and G. Turnbull. School Quality, House Prices, and Liquidity. Journal of Real Estate Finance and Economics, 2008, 37, 113-30. Claire R. La Roche, Longwood University, Farmville, VA 23909 or larochecr@ longwood.edu. Bennie D. Waller, Longwood University, Farmville, VA 23909 or wallerbd@ longwood.edu. Scott A. Wentland, Longwood University, Farmville, VA 23909 or wentlandsa@ longwood.edu. Packet Pg. 298 TO: White City Neighbors 0) L irorn:I'rank !Aeri0000l Lv,)ns r Mltl?; 15riy f, 20B N O 2 Re: URGENrCALL FOR ACTION >, a What You Can Do. -,Attend the p iblir.. hei)rink, Jutf 16, 6 PM fSec notice for detailsl Write ihr COaAty falhnnet no I,ttt+r than iuly 12 Jlrif lohmon at j()hnurrij QIStlut:ler.u.Urg� - �Irntk ILff Johns>a (772) 462• t51o, 6kkalfV no tater than July t4th ,kslk yr+�ur i15t5rr, te) SfM �k up[ the r.aurity t01011arnrarrr3L .0orl k a development application fnf Nu W" UK-. Recovery (emejr, an 80 k-d dfug. and al ohol rcltahliltatlodi tre.jtr,dq ►Ix hrsspiti') for Atfult men, to be built uo thk 1 t dr.rr wr n5 prt?lti�tly orr 2 th Strut. This preJIMOV Is acroti the ±;treat. ffon► the Inte orciion of Oak Alit y wish 2.51h Street. The property Wrder5 the prope.tty all thr IlApilkt rhurrh and nay pfolliarty. TlyJN sine is also onlysiil+,1aN % auth frurn file ih h scttr�a I, This propv!�ef comfnctcill dow opm nt 1, wholly ► 4piaropriate forthe. reskletntlal itimi ngrecultk+ral "Ime- of rharnorr nl our rommunl y This prapOW,01 I%Apital wtiukl opirtmo 14/7+�36$, and would be simsL•ir to LawrywaW Medical Center In terms of traffic and noise, An Iripatlent-hospital facility is accgrnpanlied by fond servk.etraffic, emplilyrr-e` #raftbr:, patient traffic, etrtergency trehicle Iraffk arirt ilghy iwidwl krart sb,vicrr_s, If A1.I1 & facility were certrstrueted, rePr`dk-'% 0I'rcpre5ientations made in the. )Pplicat*A, the huftng could Eater hr turnt'rt to altrrnatiW tiles The inwge of our ccr,rr munkyr w.:utd Ixi irmyocably damageed byr the per�epgi±on g(u dnig apd alcabol trOatrnrnt hospital for men in Our rnldst. i I lrldvr. formally rommunkated to the aanlng officer nvy rtppasith-in io 041woJeLl, I Would Bice vac to join e-4 in apposing this threat to the fabric of Our ti)n rnurik#y, I have provad'cd the pubhr. nulk:r. I re.criM%-d, You may also phone orerr ml ntiy im, i}nr:rg Fkam, with rornments ei questioars. Dotig's p1worn. h. (401 Fri-ig-SO+ arrct Itlsein-flf A Evaeisart4ISLEvahooxom_ i Packet Pg. 299 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12. 7 acre parcel. The Following Conditional Use: Regarding Property Located At: 4560 25tn Street Existing Zoning: AR- 1 (Residential, Agricultural — 1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson, Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 20'15 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE ` I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE 1 certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name (Please Print): Address: 4672 �,SN Date: Q 7— — )_0— Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: �O Received By bSing Division Project Name: CU 620144785 — Mark 2 Properties, Inc. — Conditional Use Permit ,JU L 1 39 2015 Form No. 07-26 L G a U) 0 x m Q. co -"' i` Packet Pg. 300 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (60) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant Proposes The following Conditional Use: Regarding Property located At: Existing Zoning: Proposed Zoning: To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on a 12.7 acre parcel 4560 250 Street AR- 1 (Residential, Agricultural —1) PNRD (Planned Non Residential Zoning District) Please Return To.' Planning Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772462-1581 Please check only one of the three following statements and return by: Jul 12 2015 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name (Please Print): Address: Date: ld4z6Signed: t Lj WON 0 0 x co h r. V'� A nnmr% nnrl ariLee %Allll not hp. r:C11 gIdpred. All Packet Pg. 301 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM L Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest o against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. ° x The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. W The Following cn Conditional Use: ' Regarding Property E Located At: 4560 251" Street cli Existing Zoning: AR- 1 (Residential, Agricultural — 1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12 2015 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name (Please P. int): Address: 2 1 v '_ Date: '] Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: a � c.A Y\ nq o. n Project Name: CU 620144786 - Mark 2 Properties, Inc. - Conditional Use Permit Form No. 07-26 Packet Pg. 302 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest o against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. _ The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. m The Following cn Conditional Use: Regarding Property E Located At: 4560 25t" Street C; Existing Zoning: AR- 1 (Residential, Agricultural — 1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division -- ATTN: Jeff Johnson, Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2016 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITiONAL USE V__ I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name -� (Please Print):` Address: / f `5 2 r—� Date: ,, Signed Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name: CU 620144785 - Mark 2 Properties, Inc. - Conditional Use Permit Form No. 07-26 V4- �� � .•. Packet Pg. 303 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07,01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. The Following Conditional Use, Regarding Property Located At: 4560 251h Street Existing Zoning: AR- 1 (Residential, Agricultural - 1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division - ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12 2016 AM iN FAVOR OF THE PROPOSED CONDITIONAL USE _.._ I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name ,PleasePriht): Address: L Date: b P Signed: --- -�- Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public jjrecord ' and }available for viewing upon request. Comments: -T � o, q i 11 f 1� Ui. -e 061) P Project Name: CU 620144786 - Mark 2 Properties, Inc. - Conditional Use Permit a Form No. 07-26 �` iJ r Packet Pg. 304 CONDITION RESPONSE FORM A —ii �4t:' �°-l(E .•bh+ I�>�e.��F; + i ° e. f�l�.f il''� T:'( F Ter- 11Nf!F -1 -y FE? t�.A .. ,=1711. r.>, di :7f t to sod '.Sg f,'ks,��g�+,� �:•�:rt'i�`s�f!`3'<Fi�l'tG:'. s �; .��� +t � :�'3�'i 'f IT �: .'�f i ;r1';� €+., . +: �': +.1f�+`.' ze:Yin :f �� .;ee e�{ i ;t��FL� E� •k;J�,tflLr.i�"l-}.,t 6t�i o re PW1�`a;=(`iPllvtf'!6' { .q�• '�2e:" 1$i:.f .eC,if�p''' 'r)II"+� 4`.�1�. F liti ��: r`�sf Q,i :L�=t FMEe!Lj. !tJ 1 le:a E•I� 4i '- �1C �e ',tlii rye€ '€4 a l"lF"f{rl : no V»`I"•. 011 ox li�rl -i?F:� k�P4 Fa'ei�,f1 .0 li �:,: a<x.1.. n.'. � -�Et•. _ _ f � ,P� k,,k t3rtlyr oaf of t��€ r�� ft.rtl(' jr7 matements and futurn tay.. 9 AM IN FAVOR OF i"HL ROpt) L) (;Ot4DITIONAL USF _ _... TO THV pRop Srm GuNDMt NAL USE _....,..��_.,.....«._ t comity iflat, as of Ow d aLu ti1..10w,I tv,10 r« { 0M n ropj,,r1;v Lkwrrpr wfililr`I 010011 Of Thy pfopooed coswiiia'.141 Use- ........... 1 s. F � 4 of "t F° F_s I1Ci-fs 1.'!°19 i3C ti`rTk rll lkill rikhP;° �l slf,'1`tl a, rs, {1zlrt ti wo" not lle� con"', do. 1=-+� l 1`.> 51144 ai m.Altpr ri artI,rx)rl 14< me d s.. 14 i . F" Cr� k 4r,._... F,rujiu4,-tName��it�it 9.A.2.q To: Jeff Johnson, Senior Planner, Planning and Zoning Commission, St. Lucie County, FL From; Frank D. S. Evans, 4598 South 25Ih Street, Fort Pierce, FL 34981 Re: Application by Mark 2, dba "Nu -Way Life Recovery Center", for Conditional Use Permit with Reclassification from AR-1 to PRSD Date: July 14, 2015 This is my formal communication to the Zoning and Planning board. I oppose the above mentioned project. I have provided the public notice I received in order to inform my neighbors with the current plan. The county zoning commission is considering a development application for Nu -Way Life Recovery Center, an 80-bed drug and alcohol rehabilitation treatment special hospital for adult men, to be built on the 12+ acre Owens property on 25`h Street. The property borders the Baptist church and my property. The Ft. Pierce Central High School is about one mile to the north of this site. This proposed commercial development is wholly inappropriate for the residential and agricultural nature of our community. This proposed hospital would operate 24/7/365, and would be similar to the Lawnwood Regional Medical Hospital in terms of traffic and noise. An inpatient -hospital facility is accompanied by food service, employee, patient, emergency vehicle traffic, noisy sanitation services, and lawn care, to name a few. This project is a major alteration to our community and would irrevocably damage the current standard and image of our neighborhood. The quietude and peace we have enjoyed living here will forever be replaced with something that was never imagined or anticipated to come into our midst. When the mist is cleared away, what is left is a drug and alcohol treatment hospital for 40-80 men. As the land owner immediately to the east and adjacent to the proposed Specialty Hospital, for drug addiction and alcohol rehabilitation, I would request answers to the following questions: ® Will the proposed eighty bed hospital for a male client/patient base be accredited by the state and government as required by law? e Has the application been made for a state required Certificate of Need? # How many staff members will be available throughout the day and night? How many Doctors, Registered Nurses and Counselors will be available at all times? E What deterrents are used to prevent a client/patient from walking away or checking themselves out at any hour of the day or night? s Will detoxification be administered as a part of the Hospital Therapy? # Will the Hospital have a rapid response program for alerting and notifying :neighbors should a Packet Pg. 306 9.A.2.q • Will the eighty client/patients have their backgrounds checked and screened for communicable diseases or sex offences before admittance? e Will "Designer dreg" client/patients be treated at the facility? ® Will the Specialty Hospital be affiliated with any major hospitals, Medical Schools or Clinics? Will experimental drug trials be performed at the facility? e Will the predominance of the client/patients be from out of state? e Will the eighty client/patients be confined and the support staff to only 6.5 acres site? • Will the facility be evacuated or locked down during a hurricane? I hope the Planning and Zoning Board could deny or table this application for further review and that at the very least, a committee be formed to resolve differences amicably. Sincerely, ffl4j Frank O. S. Evans (772) 4611895 L Fi90�� Denise Evans Glass (772) .879.4383 / � ),r, P � 5-- -71111115 Packet Pg. 307 2015/07/10 09:28:36 2 12 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM r Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (60) percent or more of = the area within five hundred (600) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. 2 m The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) an cn Proposes a 12.7 acre parcel. The Following Conditional Use: — N Regarding Property . u, Located At: 4560 25'' Street Existing Zoning: AR- 1 (Residential, Agricultural —1) Proposed .Zoning: PNRD (Planned Non Residential Zoning District) Please Retum To. St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Leff,Johnson. Senior Pianner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: .lul 12 2 16 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL. USE 1 HAVE NO OPINION TO THE PROPOSED CONDITIONAL. USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name (Please Print): Address. 901 Made.Lyosd' Date: ? Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name: CU 620144785 -- Mark 2 Properaes. Inc. — Condltlgyal Use Perm Form No. 07-26 v� 5-1) DC64. Packet Pg. 308 9.A.2.q RESPONSES OUTSIDE OF 500 BUT LOCATED IN NEIGHBORHOOD MEETING AREA Packet Pg. 309 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) ora Proposes a 12.7 acre parcel. The Following Conditional Use: Regarding Property Located At: 4560 251h Street Existing Zoning: AR- 1 (Residential, Agricultural — 1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12 2016 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. 11 r j Name 7.r Floase Print Address: V6 r Date: Signed: A J Please note that any form returned without a name and address will not be considered. All returned forms are a rr .. _ ' -- -_ __ --A . ,., :�„��� ;— ,.io...itNr4 unnn rani opct Comments: Project Nam Packet Pg. 310 9.A.2.q IMP Section 11.07,01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Kermit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. The Following Conditional Use: Regarding Property Located At: 4560 2Vt Street Existing Zoning. Aft- 1 (Residential, Agricultural - 1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St Lucie County, Planning & Development Services, Planning Division Planning Division -- ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 106 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. , , Name (Pl=use P6,-M. Andress: Date: r -` Signed: a, / e r Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: t Project Name: CU 620144786 - Mark 2 Properties, Inc. - Conditional Use Permit Q Form No. 07-26 lk�..P. "��� �7 rt...'` r x E,,. Packet Pg. 311 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest o against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional a Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of o County Commissioners. _ The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on 2 U Proposes a 12.7 acre parcel. W The Following , Conditional Use: Regarding Property c — Located At: 4560 25th Street N Existing Zoning: AR- 1 (Residential, Agricultural --1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2016 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Ml ase Print): Address: K014 __P_1r two 31gb) Date: Signed: WA JJ*401 05A.1 Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name: CU 620144786 - Mark 2 Properties, Inc. - Conditional Use Permit Form No. 07-26 iV a m c 0 a ch m E a� a a� D c 0 0 U L.T- J R z s N Q Packet Pg. 312 Jul 1215 05:06p Dick Hirst 7724654637 p.1 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM r Section 11.07.01(C) of the St. Lucie County Land Development Code provides that when a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (60) percent or more of o the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional _ Use Permit shall not be approved except by the favorable vote cf four -fifths (415) of all of the Board of County Commissioners. m The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a f 2.7 acre parcel. The Following Conditional Use: Regarding Property y Located At, 4560 251h Street 2 W Existing Zoning: AR- 1 (Residential, Agricultural - 1) o Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To. St. Lucie County, Planning & Development Services, Planning Division Planning Division - ATTN: Jeff Johnson, Senior Planner 2300 Virginia Avenue, Ft. Pierce, l=L 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2015 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT !N FAVOR OI= THE PROPOSE© CONQITIONAI. USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, i am a property owner within 600 feet of the proposed Conditional Use. Narne 7130 (Please Prillt): .D I Address: -�[)e-yJv� Date: Signed: Please note that any form returned v ithout a name and address will not be considered. All returned forms are a rnattr?r of nuhlir rPrnrd and nvailahlP. for vipwinn i innn rPrni fact Commen i Dko[l�jh+ PY -4 E Project Name: CU 620144785 - Mark 2 Properties, Inc, - Conditional Use Permit CU ,"c(,�07-26_5ftT Q o [off' it PAJ so �{ JtA5fi PIE0) 110 h�i d i Packet Pg. 313 Jul 1215 11;06p Rowe Family 772 461 8541 p.1 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on proposes a 12,7 acre parcel. The Following Conditional Use: Regarding Property Located At, 4560 25'h Street Existing Zoning: AR- 1 (Residential, Agricultural --1) Proposes} Zoning: PNRD (Planned lion Residential Zoning District) Please Return 70: St. Lucie County, Planning & Development Services, Planning Division Planning Division - ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462--1581 Please check only one of the three following statements and return by: July 12, 2016 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE i HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property ownerwithin-�O feet of the proposed Conditional Use. Name {Please Print}: Address: Date: I -Signed: , KW G��- Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing Upon request. Commenis: Project Name: CU 620144785 - Mark 2 Properties, Inc. -- Conditional Use Permit 4 ' 2 Form No. D7-26 Packet Pg. 314 Jul 13 15 11:50a Community Transit 772-461-3685 9.A.2.q P.1 Marsha Whitehouse 2742 Oak Alley Dr Fort Pierce, FL 34981 Cell: 772-240-4761 Email: marshaw54@comcast.net FAX COVER SHEET TO: Jeff Johnson, Senior Planner FAX #: 772-462-1581 TEL #: FROM: I Marsha Whitehouse DATE: 07/13/15 CC: 4 of Pages 3 including Mr. Johnson, I found this in my door on Saturday, July I I h. It says deadline is July 12, 2015 but that was a Sunday. I don't know if this is too late but at least I can get in how I feel about this proposal on 4560 25t' Street, Project Name: CU 620144785 -- Mark 2 Properties, Inc. — Conditional Use Permit. Thank you. Marsha Whitehouse a� L r .Q 0 x a� c N N aD 0. 0 L Y cc c� LO r Lh 0 N v� w Packet Pg. 315 Jul 13 15 11:50a Community Transit 772-461-3685 9.A.2.q P- ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel The Following Conditional Use. - Regarding Property Located At: 4560 251h Street Existing Zoning, AR- 1 (Residential, Agricultural - 1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: 5t, Lucie county, Planning & Development Services, Planning Division Planning Division - ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. fierce, FL 34982 Fax ## 772-462-1581 Please check only one of the three following statements and return by: July 12 2015 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL_ USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name �ww. (Please Prim); •�/,.f � d )�i/ r T Address:��-�[��.� Date: � � �� /'S Signed: Please dote that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name: CU 620144785 -- Mark 2 Properties, Inc. - Conditional Use Permit Form No. 07-26 c 0 d a E 41 �o s 0 c m c 0 U a 0 V a 0 0 m CL ti c c W m 0 a Y M rn N 0 a a r 0 a E a Packet. Pg: 72 Packet Pg. 316 Jul 13 15 11:50a Community Transit 772-461-3685 9.A.2.q P I am one of many property owners in the Oak Alley Community across the street from the proposed rezoning area for the Drug/Rehab facilities. A 80 bed hospital will be a pretty big facility not counting the other buildings for dining room, gym, doctors' offices and clinic. I worked at Savannas Hospital 18 years before they closed. They reopened as Port St. Lucie Hospital on 2550 SE Walton Road in Port St. Lucie. That presently is a 75 bed psych, drug/rehab facility. I know it is nowhere near 25th Street but to give you an idea of the size of just the 80 bed residential area. They will have workers around the clock coming in and out. Nurses, dining room personal, security, mental health aides, etc. It will be so lit up at night I feel bad for the Oak Alley residents that are right by 25`" Street. In the notes a study said they didn't see any problem with traffic being affected. It is hard right now to drive out of Oak Alley just to go down the road to make a U-Turn right at where this facility is going to be just so I can drive to my work in Fort Pierce. It is dangerous because we don't have a light, a turn lane and the decorative grass is so high you can't see cars coming. I am also surprised that this proposed facility is allowed so close to New Horizons right down Midway Road. Doesn't there need to be something like a Certificate of Need to show that this type of facility is needed in the area especially so close to New Horizons? Just thought a hospital would need that. A facility like this across the street will just bring down our property value. In the study it says they do not see that happening but actually who wants to have a facility like this in their area of homes? At least New Horizons is tucked away from things. I wish I would have known this before I built in Oak Alley we wouldn't have done it. We moved to Oak Alley in December 2014 after 20 years in Port St. Lucie because of all Port St. Lucie troubles. We built in this Fort Pierce area because it was so nice and was not in a "Fort Pierce Crime Area". Besides Fort Pierce was working so hard to try and beautify the city. St. Lucie County/City of Fort Pierce really needs to work to keep the good areas around instead of bringing them down to where no one will be moving to Fort Pierce. At least this area isn't a crime area right now but the type of people that will be hanging around here seeing the nice homes might make our homes a new crime target area for their needs. Thank you. Marsha Whitehouse 2742 Oak Alley Drive Fort Pierce, FL 34981 Packet Pg. 317 �����: 9 ��=3F��iC3 L���.- i IDc��f `�H m�£—� a __T=-a F.➢wo Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where written r mprotest against an application for a Conditional Use Permit is signed by the owners of fifty "" pe the area within five hundred (500) feet of the property affected by the proposed actioe of n, any such Conditional Use Permit small not be approved except by the favorable vote of four -fifths (415) of all of the Board of L County Commissioners. c The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabrfrt8ti0n) On Q. Proposes a 12,7 acre parcel. _ The >roflowing Conditional Use: Regarding Property co Located At: 4560 25t' Street Existing Zoning: AR. 1(Residential, Agricultural 1) Proposed Zoning; PNRD (Planned Non Residential Zoning District) Please Return TO.'StLucie County, Planning & Development Services, Planning Division Planning Division - ATTN: Jeff John on Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772462-1581 Please check only one of the three following statements and return by: July 1 I AM IN F—AVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAV F THE PROPOSED CONDITIONAL USE I LAVE NO OPINION TO THE PROPOSED CONDITIONAL USE m - I certify that, as of the date shown Belo f the proposed Conditional Use. Name (Please pdntj Address. 4-1 q F-a P Date: Signed: . Please note that any form return5d without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Packet Pg. 318 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4f5) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12. 7 acre parcel, The Following Conditional Use: Regarding Property Located At: 4560 25t' Street Existing Zoning: AR-1 (Residential, Agricultural —1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12 2016 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE CIA�MNOT �INFA�VQR F HE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL. USE - I certify that, as of the date shown below, I am a property owner withinet of the proposed Conditional Use. 1 e v o FT -- Name t `lease nrintl/: Address: q � 9 W., U i ( - - su,� J 1 - 1 0 0 x Date: � — � � Signed: _ Packet Pg. 319 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a writen protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (600) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (416) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. The Following Conditional Use: Regarding Property Located At: 4560 2511 Street Existing Zoning: AR-1 (Residential, Agricultural —1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To., St. Lucie County, planning & Development Services, Planning Division Planning Division -- ATfN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772462-1581 Please check only one of the three following statements and return by: July 12. 2016 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE (I AIWI�INFAVO THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, 1. --.- - the proposed Conditional Use. "� Name (Please Print), Address. 5, i ! Date: 7 1 j Y-tL� A-. Ia mac ka- y,�l Signed: Plercif R. 3y981 L 0 x co W 11 V t� l t 7 Q Packet Pg. 320 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11,07.01(C) of the St, Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. The Following Conditional Use: Regarding Properly Located At' 4560 25t" Street Existing Zoning: AR-1 (Residential, Agricultural --1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division -- ATTN.' Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL. 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2015 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE AM NOT IN FA OR THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, _ of the proposed Conditional use. Name (Please Paint): Address: Date: �? Signed: 0 0 x co Packet Pg. 321 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest o against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional r Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. x The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. The Following cn Conditional Use: ' Regarding Property E Located At: 4560 25'" Street ci Existing Zoning: AR- 1 (Residential, Agricultural — 1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson, Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2016 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL. USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL. USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name (Please Print): Address: 13" Date: —% (] Signed: Please note that any form returned without a name and address will n be considered. Ali returned forms are a matter of public record and available for viewing upon request. Comments: Project Name: CU 620144786— Mark 2 Properties, Inc. — Conditional Use Permit a Form Na. 07-26 Packet Pg. 322 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11,07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. The Fallowing Conditional Use: Regarding Property Located At: 4560 25'h Street Existing zoning: AR- 1 (Residential, Agricultural -- 1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2016 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL. USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name (PJ:Dase Print): Address: Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for vi win pon eq31_<� n(�Comments: �r�?tnn 1-n1 lnPi ,�P>� �1� D1 I Jr UP •t / / ■ i �2. Project Name: CU 6Z01447t35 = marK 1 rro erztes tslc. -- %.W 1U1Llullal W01W F"""`Form No. 07-26 ,: 1 , Packet Pg. 323 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12. 7 acre parcel. The Following Conditional Use: Regarding Property Located At: 4560 2511' Street Existing Zoning: AR- 1 (Residential, Agricultural —1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To. St. Lucie County, Planning & Development Services, Planning Division Planning Division -- ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2016 I E-PROPOSED-CONDMONA►L-,US€ I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE 4-HAv-&N"PiMGN-To --T L"-PROPOSED-CONDITI0NAL-USE---_— I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name / " hyy }} 1 �� ;PI^ase Print): S B 44 � Address: 'T "2 O jk �^5 ��1. Date: Tq �. O1 � Signed: Please note that any form returned without a name and address will not be considered. All returned forme me a mattor of nijhlir, rarnrd and available for viewing upon request. Project Name: CU 620' OL, t -ri-te. � .--) Form No, 07-26 L 0 a O x m a c N N O W a O L IL Y i M c� L0 r Lh T_ O N W w N d a� c 0 0- ch m r E L d cu c O c 0 U O J cu z a N Q r C O E t V R Q I J Packet Pg. 324 1 Jul 10 15 06:41 p 7725776618 p.1 a� ST. LUCIE COUNTY L CONDITIONAL USE RESPONSE FORM r Section. 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest Q against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of O the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional x use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. m sa. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on � proposes a 12.7 acre parcel. '. The Following c Conditional Use: — N Regarding Property rn Located At: 4560 251h Street Existing Zoning: AR- 1 (Residential, Agricultural - 1) Proposed Zoning: PNRD (Planned Ikon Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division -• ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2016 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL_ USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certifythat, as of the date shown below, I am a property ownerwithin 500 feet of the proposed Conditional Use. Name (Please Pr;nt)' Address: &49add� Date: " 'Signed. Please note that any form returned without a name and address will not be considered. All returned forms area matter /of�+public rer�cor� and available for viewing upon request. Comments: ri CoINttVllb. 'N a . +%rMO l Project Name. CU 620144786 -• Mark 2 Properties, Inc. Conditional Use Permit Form No. 07-26 Packet Pg. 325 0711512015 09:131R5C i):AX)772 462 4830 P.0011001 A, - ST. LUCIE COUNTY CONDITIONAL USE 'RESPONSE FORM Section 11.o7.01(0) of the St. Lune County Land Development Code provides that where a written protest against an application for a Conditional Use permit is signed by the owners of fifty (60) percent or more of the area within five hundred (500) feat of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant To allow for a Speolalty Hospital (Drug Addlotion and Alcohol Rehabflltation) on Proposes a 12.7 acre parcel. The Following Conditional Use: Regarding Pmparly . Located At., 4560 25u" Street F.adsting Zoning, Ali-1 (Residential, Agricultural -1) Proposed Zoning. PNRD (Planned Non Residential Zoning District) Please Return To: St Line County, Planning & Development Services, Planning Division Planning Division - ATTN: Jeff Johnson, Senior Planner 2300 Virginia Ave.nue, Ft Pierce, FL 34982 Fax # 772.462-1581 Please check only one of the three fallowing statements and return by: July 12. 99 S A I AM INFAVOf OF THE PROPOSED CONDITIONAL U5F_ 1 AM N0 Jbi FAVOR OF THE PROPOSED CONDITIONAL USE I HAV NO OPINIO-tl TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner wit 0 feet of the proposed Conditional Use. 1 Name (please Print}: Address. IV515 Date: � I 1 9, Signed: Please note that any form returned without a name and address wl not be considered. All returned forms are a mattff of public record and available far viewing upon r quest. comments: - .r Project Name: CM 620IM7_86 - Mark 2 Pronertles. Inc. -« Conditional Use Permit Form No. 07-26 Q Packet Pg. 326 9.A.2.q RESPONSES OUTSIDE OF 500 FOOT NOTIFICATION AREA AND NEIGHBORHOOD MEETING AREA Packet Pg. 327 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07_01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of p the area within'five hundred (500) feet of the property affected by the Proposed action, any such Pondiiional Use Permit shall not be approved except by the favorable vote of Four -fifths (415) of all of the Board of County Commissioners. 0 pp To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation on = The Applicant A Y P i g � Proposes a 12.7 acre parcel. The Following Conditfonal Use: Q. Regarding Property ' LocafedAt: 4560 250' Street Existing Zoning. AR- 1 (Residential, Agricultural —1) I Proposed Zoning: PNRD (Planned Non Residential zoning District) Please Return To: St. Lucie County, Planning & Development; Services, Planning Division Planning Division — ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1 581 Please"check only one of the three following statements and; return by: July 12, 2016 I AM IN FAVOR OF THE PROPOSE© CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USF, i I certify that, as of the date shown below, f the: proposed Conditional Ilse. Name (Please Print): Address: _ ..-��it<I C Y t �...� (,wne ....`P'V _ .. -F Date: 7 >? �5 Signed: Please note that any form returned without a name and address will not be considered forms are a matter of public record and available for viewing upon request. r" Comments: I returned RICHARD URBAN MY COMMISSION #FF17220 FxoiRFS; OCT 28, 2018 Bonded through 1st State Insuran Project Name: CU 620/44785 -- Mark 2 Properties. Inc. -- Co diitional Use Permit Form No. 07-26 Packet Pg. 328 9.A.2.q S1. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shO not be approved except by the favorable vote of fo,lur fifths (415) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drag Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. The Following Conditional Use: Regarding Property Located At., 4560 250 Street Existing Zoning., AR- 1 (Residential, Agricultural —1) Proposed zoning: PNRD (Planned Non Residential Zoning DipItrict) Please Return To., St. Lucie County, Planning & Development �ervices, }Manning Division, Planning Division — ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenge, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please -check only one of the three following statements and return by: Jul 12 2016 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN Ll__ FAVOR OF THE PROPOSED CONDITIONAL USE', I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, # the proposed Conditional Use. Name A 1� / �W (� e - Address: Print): Address: i I pate: d Signed: � JI Please note that any form returned without a name and address will not be considered. �! forms are a matter of public record and available for viewing upon request- Comments: v2 dv ,us T /46,G4v3� CY � '- returned RICHARD URBAN myCommi 1DN#FFf722, WISES; OCT 28, 201 B Banded through 1st We Insurt ILI Project Name: CU 6201"7 — Mark 2 Pro erties Inc. — Col diitio al Use Permit Forin No. 07-26 a� 0 0 x 2 L) m Q. rn c N N i a� a 0 ILL_ Y R c� LO r Lh 0 N rn w W Packet Pg. 329 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within fire hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicpnf Proposes The Following Conditional Use: Regarding Property Located At: Existing Zoning: Proposed Zoning. - Please Return To: To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on a 12.7 acre parcel. 4560 25u' Street AR- 9 (Residential, Agricultural —1) j PNRD (Planned Non Residential Zoning District) St. Lucie County, Planning & Development services, Planning Division Planning Division—ATTN: Jeff Johnson. Sehio_r Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 i Please'check only one of the three following statements and return by: July 12, 2016 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE 1 HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE i certify that, as of the elate shown below, ert Conditional Use. 0 r a v, 0 x m Q. v� c N N 2 i aD 0. 0 a Y c� LO r Lh 0 N w N d m -�.RIcHARQ URBAN AMA�M0a 00a EXPIRES: oc-r 28018 y elnejatougItststatsurc Name (Please Print): E L i Address: �V' (L n o Date: ' / �� Signed: r c 0 U Please note that any form returned without a name and address will not be considered. Ail) returned forms are a matter�p blic record and available for viewing upon; request. Comments: Project Name: CU 6201"786— Mark 2 Properties, Inc. — Con' ltional Use Permit Form No. 07 26 Packet Pg. 330 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest 3 against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of o the area within five hundred (500) feet of the property affected by the proposed action, any such Ponditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of th'e Board of r County Commissioners. 0 pP To allow for a Specialty Hospital Dru Adpiction and Alcohol Rehabiljtation on = The Applicant P y l 9 � Proposes a 12.7 acre parcel. The Folipwing Conditional Use: Q. Regarding Property '. Located At: 4560 2511, Street Existing Zoning: AR- 1 (Residential, Agricultural 1) `" -- N Proposed Zoning: PNR❑ (Planned Non Residential Zoning District) a St. Lucie County, Planning & Development Services, Planning Division l Please Return To: Planning Division — ATTN: Jeff Johnson, Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 M Fax # 772-462-1581 M LO Lh Piease check only one of the three following statements and return by: July 12, 2016 0 N I AM IN FAVOR OF THE PROPOSE] CONDITIONAL USE - w i AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE N I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE a . m c I certify that, as of the date shown below, I rr3 a r f proposed °a Conditional Use. RtchEwonRaply W m Mr Name coMM}ssroiviWtr� � � E1lPlAES; (Please Print): vL �T�� Z & E Address: o 4 Date: / Signed: az c 0 U Please note that any form returned without a name and address will not be considered. ill returned forms are a matter of public record ap`d available for viewing upon request f Comments: /Uwe t,,)4 .5 z a r Project Name: CU 6201"786 — Mark 2 Properties, Inc. — C riclMonal Use Permit E Form No. 07-26 CU Q Packet Pg. 331 9.A.2.q CON!?! 167NAL 1I E RESPONSE FORM SK,liuli 11.(� r f71{f� i �`,hrt S1, t k.ldl C041-11k 1.dnt1 Ik-.vf!'J0Pn)e' t co!'Q provides t'hj,r whete a wafter: prclest against wi app`ira# k^r R C ntlltion i UrA 13(gIlUt is Fip�t[xl by the OW"1013 c( fifty lab) VUI'eqkt 0r n1k)lh of t`^c jy+3a wi1k111+ r•va ltundfcM (50U) teat of 1h(.4 pru arty :1{fe+c:t d by ter p(Di: t,"d �pCR*1% ;1r.y suph Cpnd llonal tlse Vomt Shall s:(A 4a spg-ove-d exrapt by the; favarat:ly vde of 'our-fiih,i i4 b) of all Lit me Hoard ut Thki Apj) -4 pT R of nvf Leff fJ SPC- .4ary HusfWad (Ctug iC,i :fl,7�, n d a42�•t11'1 ' l nhr�t�iir.rtfxara� c�!? 'rho F940wh?fr Ltx;.'A00 A!_ F=xfsrengZo!-xk'7q: JR. 1 gResrdenty 1, Aqj-ru?ur-W 1) +'.nyxA,;vdZwitiq PNll;;l' IM4:-rxd Non Ponidw-41W ZQginp D'9101) :�t l:uck� County, Planrlin!p A ut.vmoprn nt Sorvlcpp , flIgnn:051 Divisin.n �'i A.44 f' IUft1 2 I'IAnn,ng DlvL'ioh - ATTN. jiff Ja_hrt.�p.t1. 'enp 22W VTi-.i4ti A%'Pn,.Ja, FT Iliarva, FL 982 Fix A -02- 0. 15111 Plcaa4 chrok onlry n110 of tho thrige IQtlovWjpU sla0moniN and rMurn by. J. ;p WO I AM UEMB OF THE PROPOSED t;[ N13ffIONAL USE _— I AM [4QjjpjjE&M OF THE PROPOSED CONDITIONAL USE TO [HE PROPOSED CONDITIONAL U5E I cat#ify that, w of the date shown below, the prc�pcat3ert Conditional Use, 5 �- Name : r 6 , IFUMblR- Ai7 Date- Fa'luase note that Any torm roleurriod xrittrout.0 rrams and acicirms wi l not be oonsiJWed Allrettrenexi farms nrrj a matte€ of publiz Mood And gvallalkAe Fur viewing upon rp-gtWal Ill ARDMM ;'�eirrYeCf"�5;mara ix.P 2A to, Projav Namq: �+ 7$b Qiltark 2 Cat 9 1 use Perm" form M. u r 4t N d 0 0- ar r 0 a m D 0 c 0 u J 3 Z a N Q r C E Q Packet Pg. 332 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of o the area within five hundred (500) feet of the property affected by the proposed action, any such IConditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. 0 P To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation on = The Applicant p y p l g I Proposes a 12.7 acre parcel. 2 The Following U Conditional Use: Regarding Property Locate'dAt. 4560 251h Street c Existing Zoning: AR- 1 (Residential, Agricultural —1) y Proposed Zoning. PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please 'cherrk only one of the three following statements and return by: I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE July 12 2016 I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, f the proposed Conditional Use. Name l (Please Print): Address: r7l Date: �— f igned: i I ! Please note; that any form retumed without a name and address will not be considered_ i All returned forms are a matter of public record and available for viewing upon request. RICHARD URBAN i Otr v rya Comments: i MY COMMISSION#FF172 OCT 28. 201; Bonded through 1 at state Insu Project Narre: CU 6201 "785 -- Mark 2 PrWerties. I nc. — Conditional Use_ Permit Form No. 07-26 Packet Pg. 333 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORD Section 11.07.01 (C) of the St. Lucie County Land Development Code provides that where a written protest N against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of = the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shalt not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. co The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on 6 Proposes a 12.7 acre parcel. ci The Following Conditional Use. - Regarding Property LocatedAt: 4560 251h Street Existing Zoning: AR-1 (Residential, Agricultural —1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St, Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson, Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: Ju, my 12, 20' 5 I AM IN FAVOR OF THE PROPOSED CONDITIONAL_ USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE L certify that, as of the date shown below, of the proposed Conditional Use, Name �(� (Please Pant): Cp e m i 5 e- E1 aAs � 1 &55 Address. 6 t � �1, �� h ,v O e ��' 3 q � $3 #Ot'� X"W'4'� Date: 7�1 /5 Signed: per, Fl- -5IMdw E PLO S U�J--( 16�'.. ar. �`.� Packet Pg. 334 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where h} p a written protest against an application for a Conditional Use Permit is signed by the owners off 50 percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. The Following Conditional Use: Regarding Property Located At: 4560 25b' Street Existing Zoning. AR-1 (Residential, Agricultural — 1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) St. Lucie County, Planning & Development Services, Planning Division Please Return To: Planning Division -M ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772462-1581 Please check only one of the three following statements and return by: July 12, 2015 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, of the proposed Conditional Use. Name (Please Print): h ( ISA-�r-6VeL s 1 Address: (p 12 A)j s 'S�- Date: 13IS� PP 0 0 x E Signed: a Packet Pg. 335 9.A.2.q --� 7— <Z�L A67- �� T. LUCID C3UNTY CONDITIONAL USIA R�SPC� � FORM Section 11.07,01(C) of the St, Lucie County land Development Code provides that where a written protest against an application for a Conditional Use Permit is sighed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the propertyefvofrabfedv'a#e of the proposed outr f�hs (415) of allsuch of the l3o Conditional dof Use Permit shall not be approved except by County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. The Following Conditional Use: Regarding Property LocatedAt., 4560 25th Street Existing Zoning: AR-1 (Residential, Agricultural --1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnsen Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: July 12, 2036 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL. USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, f the proposed Conditional Use. Name (Please Print); Address: ,. Date: 3 �`_ Signed: -4, rdt;KUL fig. 336 9.A.2.q T . LUCIE COUNTY CONDITIONAL. USE RESPONSE FORM Section 11,07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County commissioners. The Applicant To 811aw for a Specialty Hospital (Drug A ddiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. The following Conditional Use: Regarding Property Located At., 4560 2511 Street Existing Zoning., AR- 1(Residential, Agricultural —1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Retum To., St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson, Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please'check only one of the three fallowing statements and return by: July 12 2016 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, f the proposed Conditional Use, Name (Please Pant): Address: Date: Signed: 0 0 x a Packet Pg. 337 9.A.2.q ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Cade provides that where a written protest against an application for a Conditional Use permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Hoard of County Commissioners. The Applicant Proposes The Following Conditional Use. - Regarding Property Located At: Existing Zoning: Proposed Zoning: To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on a 12.7 acre parcel. 4560 2511 Street AR- 1 (Residential, Agricultural --1) PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: JuIV 12, 2015 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE ND OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown Belo f the proposed Conditional Use. Name (Please Print): Address: Date: pn�,h�1Liece 7, /�, Signed: 0 0 x 5l.0 E SOV a ''�4 Packet Pg. 338 9.A.2.q T. LUGS . COUNTY CONDITIONAL USE. E PONE FORM Se[ ►on 11 r)r.D14ckof ttre St. LE..ae t;cxsnly Land i]rver�oprri nt C;odC prapi s lttk,l w 'rn ►ttnr rrPi, cock 3 a airist a, t�pfilit li�r+� tor a csrxf �rtx7'll ltn� 1'arrs� t I� xl_y�x I)y tho owsrgtG of flf°,y 4 r� r ° L l �U bra w111rn free N1Unrirbtl ( j i t o€ l�� I,raper*,y a!ie0:r�d i,y the pr pc6ed vtr ,'cn, atity uc f.nnr1,11[frkr3l o Use Permit sliall nrti irP eR� ORCI ex,;up'. by 1F74- ravOr0la untca Of I'DW- ,fth4 (�tt;� �l all 4f ki�r, f3�� �d r�# r (;otinly Comn` bE rrow% a i � t�rresrn t0 a;k2ii fur e (;wv,n0 {Duiid A Idk-00(1 6n,J 13ksr1rr ' F v.f� �,s4t�ltrrst , an 2, l;'c�rrth7karar I.Is�s � a rn Rog rfrrry i'sppovF(r '. c �xrslrrrr�lorwip. AR- 1 Rµkidmillirrl, fVarrcullui;ll t3 04 N pya ,s� r�rlir. PINRI) �Planni-d Nan Reerlkial Zolling I) ttrre4i (D a YI:;1 t.udc coonly, Pisnnrng h GW0V.)F.f1'snt Swvk-es. PIAFV�"%g UN1*10" a 't;kyrs{t,.r�a 'ra. l=inrry. Utw:lort—fti1lN J1t,lr� �r1..Cti�l.r>lGr P�.»trj�ir �c 231Y? Vrrgw Avanuo F1, FijJf.e, F t 34:: H2 � Fux # 77246W� I bBll M LO please check only Gne of the three foflr�wing �t�,tem�rtits and rastura� by'I � Q. 0 Lh l AM N±4q9R OF THE PROPOSED OONDTT*NAl. USE { w 1 AM NO !N F .ROF THE PFtopOSED CONDITIONAL USE I HA IL ND PtNJO TO Tl♦@ PF; PO$ -D CONDITK)NAL USE T N m rt c�un10r wirrrin fagot Of (6141 tarc►f Rt � I 'GuAlfy that, a9 of the data sliewrt 10010w, I .am a property 0 0- Condltlonal Us@. a Rfw 5 i1l8fFli" �= ir E 3r a D c 0 pla i0su note tMt any farm retwne!d without n n..arm ;urid i1domss will not he wrrslcftir+►ll. All rit,JrrFecl loans r n wwtltrr ut pu.bllr,. re ord ;u)d avyllable for viewing 11p17n fequ#�t. N Project Name:,0_�4 =i�� I�t.,__.�w4rrn No, 7 28 E 0 Cu V. Packet Pg. 339 9.A.2.q ST, LUOIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7acre parcel. The Following Conditional Use: Regarding Property Located At 4660 25(n Street Existing Zoning: AR- 1(Residential, Agricultural --1) Proposed Zoning. PNRD (Planned Non Residential Zoning District) Please Return To., Planning Lucie County, Planning & Development Services, Planning Division Planning Division — ATi'N: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please'check only one of the three following statements and return s: - I —12, 2015 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, f the proposed Conditional Use, Name E (Please Pant): J Address: Date: �� /I � Signed: /._..J Packet Pg. 340 9.A.2.q ST, LUCK COUNTY CONDITIONAL USE RESPONSE FORD Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shalt not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. The Following Conditional Use: Regarding Property Located At. 4560 25i"Street Existing Zoning: AR-1 (Residential, Agricultural —1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St, Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Pleasechock only one of the three following statements and return by: July 12;_201 5 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE l HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, feet of the proposed Conditional Use. Namef (Please Print): ? q r Address: Date: Signed: -71 Packet Pg. 341 9.A.2.r COU NTY F LORI D R J ENVIRONMENTAL RESOURCES DEPARTMENT FINAL REPORT TO: Jeffrey Johnson, Planning & Services Department THROUGH: Amy Griffin, Environmental Resources Manager FROM: Jennifer Evans, Senior Environmental Planner DATE: June 22, 2015 SUBJECT: Nu Way Life Recovery Center PNRD PNRD 520154810 Background The Environmental Resources Department (ERD) received the Planning and Development Services' June 17, 2015 date -stamped submittal. The applicant requests Planned Non-residential Development approval in order to construct a rehabilitation center. The facility will house approximately 40 patients for drug and alcohol rehabilitation, which is to be supported by a separate clinic and office space, dining facility, gym facility, as well as an inground pool. The 13.06-acre site is at 4650 South 2511 Street in Fort Pierce. The site consists of a residential home with a pond and scattered native vegetation including, slash pines, cypress, live and laurel oaks along with pastureland. No intact habitat remains onsite. Findings No native intact habitat is present. The proposed plan will impact two (2) live oaks and one (1) laurel oak totaling 111 inches diameter at breast height. Mitigation for these impacts has been provided through preservation in excess of 280 inches diameter at breast height of native live and laurel oaks in addition to relocation of all sabal palms within the development footprint and relocation of two (2) live oaks totaling 63 inches diameter at breast height. A tree relocation plan including proper relocation techniques has been reviewed and approved by the Environmental Resources Department. No wetlands are present onsite. No listed species are present onsite. A landscape plan consistent with Land Development Code 7.09.04 has been reviewed and approved by the Environmental Resources Department. The applicant has provided a signed consent form from the adjacent property owner to the north allowing for a waiver from the wall requirement of Land Development Code 7.09.04.E. The existing pond will be planted with appropriate littoral and upland buffer plantings. In addition the applicant has propped a native wildflower planting area along the southern property boundary. Conditions of Approval Packet Pg. 342 9.A.2.r 1) 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. 2) All other applicable state or federal permits must be obtained before commencement of the development. 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, addressing vegetation protection measures. We encourage you to work closely with ERD staff to help expedite the review process. Please contact Jennifer Evans at 772-462-3862 if you have any questions or would like to meet regarding the details of these requirements. Packet Pg. 343 9.A.2.s Packet Pg. 344 9.A.2.t • Q. CN COMMERCIAL, NEIGHBORHOOD. c 1. Q Purpose. The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. The number in "( )" following each identified use c corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. a Permitted Uses: a� a. �- Beauty and barber services. (723/724) b. a y 0 Membership organizations subject to the provisions of Section 7.10.31. (86) _ C. Depository institutions. (60) d. a co Laundering and dry cleaning (self service). (7215) e. Real estate. (65) N f. 2 Repair services: m Q. (1) a Electrical repair. (762) L (2) Shoe repairs. (725)Ln M (3) r Watch, clock, jewelry, and musical instrument repair. (7631) th c 9. N v� Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses w inclusive): (1) N Antiques. (5932) (2) Apparel an accessories. (56) A (3) Books and stationery. (5942/5943) o (4) N Cameras and photographic supplies. (5946) p (5) v Drugs and proprietary. (5912) Z U (6) C4 Eating places. (5812)TJ Q (7) Florists. (5992) E z c� a Packet Pg. 345 9.A.2.t h. 3. 4. 5. 6. 7. (8) Food stores. (54) (9) Gifts, novelties, and souvenirs. (5947) (10) Hobby, toy and game shops. (5945) (11) Household appliances. (572) (12) Jewelry. (5944) (13) Newspapers and magazines. (5994) (14) Optical goods. (5995) (15) Nurseries, lawn and garden supplies. (526) (16) Radios, TV's, consumer electronics and music supplies. (573) (17) Sporting goods and bicycles. (5941) (18) Tobacco products. (5993) Video tape rental. (784) Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. Off-street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. Conditional Uses: a. b. C. d. Car washes (self service only) -subject to the provisions of Section 7.10.22. (999) Day care - adult. (8322) - child. (8351) Postal services. (4311) Retail trade: (1) c N m m Q. 0 a L �a M Ln T 1[i 0 N co w .r d �L N a� c 0 N O U Z U N d 0i c a) E z U W a Packet Pg. 346 9.A.2.t R. e. 8. (2) Gasoline services - accessory to retail food stores under SIC-5411. (999) Undistilled alcoholic beverages accessory to retail sale of food. (5921-Except for liquor) Telecommunication towers - subject to the standards of Section 7.10.23. (999) Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. b. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999) One dwelling unit contained within the commercial building, for on -site security purposes. (999) CO COMMERCIAL, OFFICE. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. b. C. d. e. f. 9. h. i. j• k. Adjustment/collection and credit reporting services. (732) Advertising. (731) Communications - except towers. (48) Computer programming, data processing and other computer related services. (737) Contract construction services - office only. (15, 16, 17) Duplicating, mailing, commercial art/photography and stenographic services. (733) Engineering, accounting, research, management and related services. (87) Executive, legislative, and judicial fixnctions. (91, 92, 93, 94, 95, 96, 97) Finance, insurance, and real estate services. (60, 61, 62, 63, 64, 65, 67) Health services - except nursing homes and hospitals. (80) Membership organizations subject to the provisions of Section 7.10.31. (86) Packet Pg. 347 9.A.2.t 1. Miscellaneous business services: — 0 0 (1) Q Detective, guard and armored car services. (7381) 3 (2) Security system services. (7382) (3) News syndicate. (7383) Q (4) Photofinishing laboratories. (7364) o (5) Business Services - misc. (7389) y In. 0 _ Personnel supply services. (736) n. 0 m Social services: Q- co (1) ' Individual and family social services. (832/839) O. N Travel agencies. (4724) 3. m Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. o 4. a Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements. Off-street parking and loading requirements are M Ln subject to Section 7.06.00. T an 6. N Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. w 7. .r Conditional Uses: N d a. Child care services. (835) •L b. w Television and radio transmitting towers. (999) a� C. c Telecommunication towers - subject to the standards of Section 7.10.23. (999) N 8. O Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the c) following: z U a. Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant). N d b. of Postal services. (43) E C. z c� Q Packet Pg. 348 9.A.2.t • X. Solar energy systems, subject to the requirements of Section 7.10.28. IINSTITUTIONAL. 1. 2. Purpose. The purpose of this district is to provide and protect and environment suitable for institutional, public, and quasi -public uses, together with such other uses as may be compatible with institutional, public, and quasi -public surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. Permitted Uses. a. b. Community residential homes subject to the provisions of Section 7.10.07. (999) Family day care homes. (999) C. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the C4 sponsoring agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) c d. a Institutional residential homes. (999) e. Parks. (999) M f. Police and fire protection. (9221,9224) c N 9. co Recreational activities. (999) h. U) Religious organizations. (866) 3. 0 Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. w 4. o Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. c 5. o Off -Street Parking and Loading Requirements. Off-street parking and loading requirements are N— subject to Section 7.06.00. O 6. z Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. v 7. N Conditional Uses: Q 0i a. d Amphitheaters. (999) r c� a Packet Pg. 349 9.A.2.t b. — Cemeteries. (6553) 6 c C. Q Membership organizations. (86) d. Correctional institutions. (9223) c ° e. :a Cultural activities and nature exhibitions. (999) Q f. Educational services and facilities. (82) o 9. Executive legislative, and judicial functions. 91 92 93 94 95 96 97) y h. _ Fairgrounds. (999) i. m Funeral and crematory services. (726) Q- CO j Theaters. (999) k. C% Medical and other health services. (80) m Postal service. (43) o In.a Residential care facilities for serious or habitual juvenile offenders. (999) n. Social services. (83) M LO T o. Lh r Sporting and recreational camps. (7032) N P. w Stadiums, arenas, race tracks. (794) .r q. d Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. L Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the w following: 0 a. c •� Drinking places (alcoholic beverages related to civic, social, and fraternal uses). (999) N b. O Restaurants. (Including the sale of alcoholic beverages for on -premises consumption only.) t� (999) v C. Funeral and crematory services. (726) N d d. of Heliport landing/takeoff pads. (999) e. E z c� a Packet Pg. 350 9.A.2.t f. 9. Detached single-family dwelling unit or mobile home, for on -site security purposes. (999) Residence halls or dormitories. (999) Solar energy systems, subject to the requirements of Section 7.10.28. Packet Pg. 351 9.A.2.0 Development Review Committee Site Plan Sign -Off Sheet Site Plan Name: Nu Way Life Recovery Center Site Plan Number: PNRD 520154810 Division: Saint Lucie County Fire District DRC Member: Captain Derek Foxx Phone #: 772-621-3322 Review Date: 6/2212015 I have reviewed the above referenced site plan and determined the following: Site Plan Approved I �] Site Plan Approved with Conditions: 1-1 (List all conditions in full format on how you wish for them to be listed in the development order) Site Plan Rejected (give reasons): 1-1 Required revisions or reasons for rejection (attach additional sheets if necessary): The Following Revisions Are Necessary: Packet Pg. 352 9.A.2.v L Q rt� 4-0 00 V LO 04 Lo �Z .-D Z ug��u U0o p�J_ sul�uar AMH SBUTA a m w is gl5z s cu any snalio I sty ou+jo1 '3 Amy d oullol_. Q Packet Pg. 353 9.A.2.v c O r �a r Z R m w E 2 0 O Q c c O w �a a a� L .Q N O 2 r.+ R d Q Cn C M LO T" L6 r O N Cn W w N 0. Cu N Q C d E t V R a Packet Pg. 354 9.A.2.v C' Z Z O O �= N m N Q, N {i M N - i °7 N3 i11 _— N � 7 a CL m �V p ♦ „ V "th�.�! :':-t:•. ems._':- / o ' 3 ZY�...:f:.;.• I z L ( I m % �y F i ,•: s @ tME 7, E 4�' U11 r..,::: ..,. • 1 O 1 r R M O.o E OD 1 1 i 03 v 'CO C v li) n O ,:`�-'t�'.•_ • ,{ 1 , ! � � � a Rom' Q <n (1J ail: .,listQ 1 LO a 9% CD L.I.. _ �-_;� •.,,.:. ' .:•.:.�, . , LL. ! ro a (�„ �+ ._ • iti,� ::: �::: tit-' v W1 10 "`fir `•J: _!+r •�i!r'.: '•'•: w 46 V C C Cr 4 Q U_ d lot A,, � EZ A, No Sol �:. - _ o acs, 02!'N3SN3J2lDf " m uwj WIN .1 - �r•: M•. , � � O O .f� 1 Q Packet Pg. 355 9.A.2.v a z Z) a IL � J V N cli � N � I W OL ....•-.Q" Ca :gip:;:-�:'" :•, * M y + y i/.� 3� V w 4 1 •� � cd v 1 :1::_=.{, .':.':•� ..,: �':, 1 ;;,:ray::-:..�::.' .�•` it i' k [U L k V. { + 1 LL C � d QF NF `w V �_ / k 1 � 0 k k � ci�a LO ca CN I] I; �o w U W m v) OVL .......... ... # = LL U U(XQ. .i}'•; .arc , O. CO a� Q j1 I v Ll �r CL rr. r: •i-r� O O ,� N l • 1 r. - �. r` tJE � l N d a 0 a. Y 2 M Ifs r ICE O N cn LU rn Q. c� N Q ai C N E L u kC a+ Q Packet Pg. 356 BOARD OF COUNTY COMMISSIONERS Meetinq Time: 6.-00 PM (or soon thereafter ) Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Applicant Mark 2 Properties, Inc. Dennis Nystrom 727 Arbor Court Bloomfield Hills, MI 48304 Agent for Applicant Tally Engineering Pirooz Borojerdi 1806 N. Flamingo Rd., Suite 300 Pembroke Pines, FL 33028 Location 4560 South 25th Street Future Land Use RS (Residential, Suburban - 2 du/ acre) Existing Zoning AR-1 (Residential, Agricultural - 1) Proposed Zoning PNRD (Planned Non Residential District) Staff Recommendation Forward a recommendation of approval to the Board of County Commissioners to rezone the property from AR-1 to PNRD, Preliminary/Final PNRD Site Plan, and a Conditional Use Permit for a specialty hospital (drug addiction and alcohol rehabilitation). PUBLIC HEARING NOTICE Tuesday, September 1, 2015 Amendment to the Official Zoning Atlas, Preliminary/Final Planned Non -Residential Site Plan and Conditional Use Permit File Numbers: PNRD 520154870 and CU 620144785 R} ,E2 E2 E2 E2 E2 - Eg-2 E2 CPUB PRIM WKESA,[ - f7f I E2 E2- PUU I Ez E2E2E2 Ez. �Ez ':� RSa �: EP E2 Et E2 E2 EtiE2 E7 EZ E2.E7 t2 E9£2 ROW SERENITY R, - E2 P2 E2;E'2 E2 E,B'-E2'�22'E2 R, AF RF,' CPue AS-3 pup,: { we o KAI(EY'_, ui S. IJA9Ewo(b DR ROW o�voxE.nD !ROVY caaa No I:. AR_7 RF . o- v. cc RfS-3 - I J - 4pRl�R Rp CD 9 AIM ---- : 5GM ,�tq a,ea SL L­County Zo ft aF - :< g,, , F..ea N ... AG -I .Ag�tnblral Sr nurxl M3-FVd8 ISVg*Fb q(Eda,'af{ AD-r-Agn<Wt�iaiResaenaal (I owa[) �$8�2d PafLel cP-cpmmer�di Pnl[e FErt RMta ZLalAp [PDBCrxrservahan PCGk E2RevtleMiai Sm iamd, S2 tlurae{ F88 PICICE IInsNULmai PD-Plannco Linn a ¢-1y Ne f ttLROPianranlfonNeytlen0al Der.lopmeM Rr-Siy'eram>YL�'fJenSay (s pP�a[) Pq @pefftd An822-2015 Proiect Description The applicant is requesting an Amendment to the Official Zoning Atlas from AR-1, (Agricultural, Residential - 1) to PNRD (Planned Non -Residential Development) Zoning District, Preliminary/Final PNRD Site Plan and a Conditional Use Permit for a proposed specialty hospital (drug addiction and alcohol rehabilitation) on 12.7 acre parcel. The subject property lies within the Urban Services Boundary with Fort Pierce Utilities Authority providing water and wastewater service for the proposed project. On July 16, 2015, the Planning and Project Mana er ,Zoning Commission held a public Jeff Johnson, Senior Planner hearing and recommends denial of 772.462.1580 the this request (5-3, vote), johnsonj@stl ucieco. org Further details are available in the PDS Department - Please Contact: Staff Jeff Johnson, Senior Planner Tel 772.462.1580 Email johnsonj@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 The BOCC strongly encourages your input and comment at the public hearing. You may also mail or email comments in advance of the public hearing for inclusion in the official record regarding this proceeding. Written comments to the BOCC should be received at least 3 days prior to the scheduled hearing. Anyone with a disability requiring accommodations to attend this meeting may contact the Community Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462,1428. Packet Pg. 357 9.A.2.w ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant To allow for a Specialty Hospital (Drug Addiction and Alcohol Rehabilitation) on Proposes a 12.7 acre parcel. The Following Conditional Use: Regarding Property Located At: 4560 251" Street Existing Zoning: AR- 1 (Residential, Agricultural — 1) Proposed Zoning: PNRD (Planned Non Residential Zoning District) Please Return To: St. Lucie County, Planning & Development Services, Planning Division Planning Division — ATTN: Jeff Johnson, Senior Planner 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: August 21, 2015 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name (Please P(int): Address: Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name: CU 620144785 — Mark 2 Properties, Inc. — Conditional Use Permit Form No. 07-26 Packet Pg. 358 N n n W N A A A A -rh _. .. N N N N N N NJ N N N N N N N N N w W W W w A A A- .. w A W .. W W W W W W A A A A A A A . 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CD l0 lD lD lD O :t0 LD W W l0 IlD tD O O W to CD to ;l0 l0 -l0 -CD tD W lD l0 CD lD t0 lO to r In A A In A U1 00 00 N H 00 W 00 OO N N .(n OO a �: OO Y Y Y Y A. O) ' A Y. CD A i H 00 03 I--` F-' - N N;, 00 OO 01 Q) ; Y '' F-� A Ol v : 00 0 lD H Y : cc: 'HRH m Y CO 00 00 � H Y Y A 00 LO Y 00 ul CO H O Y Q O A to w T, In vt to m o �n (n In O O ern - O ! ul o o n v in o Ln l o In Ln. l o C> N In Cn m n n . In . lD w H Ln n O 0 V- LD - lD V w V V •j W W N; W H-Y N Ul In [n CO W :. W'NI W NIN Co. 00 V'N : A Packet Pg. 359 (D a • 0 o _> t m r d o °A � o ro z a c fD a y r O a o 0 Di N (D m ac- r N m w w O O f m D m -« N 0 C) 00 Q W 2 O N � L C) Q N Q. m O C�C 7 a rD Q ++ R -n d cu N Q 3 N M N O Fi SJ1 d � 0 0 m z O0 N � O � a N rD OR fl Q @ 0 In V N Oo fV O O V � z n O p a n O 0 cx. T - W O O m 3 o 6 O 0 ^ <_. 1 - rn CD ro cz � N N T ➢ r _ w w A O W.cc N 0 W N O n 00 . A Packet Pg. 360 CHRISTENSEN RD 9.A.2.w I o Cr c � o � m Cn 0 0 0 0 0 C a N o" o { o CD CD S 25TH ST a RD BELLE GROVE DR D- v a - m m z O - S 25TH ST---- 5 25TN ST 1 1 1 1 1 r 1 1 i A A 1 ! 1 ! 1 ! 1 ! 1 A ' z ' ! z 1 — z 1 i C Z m— x m— t z O— z ci c N d a o � � M r Ln O N U) uj O O z V d V Q Packet Pg. 361 1 9.A.2.w ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA September 1, 2015 NOTICE OF PROPOSED AMENDMENT TO THE OFFICIAL ZONING ATLAS (REZONING), PRELIMINARY/FINAL PLANNED NON-RESIDENTIAL DEVELOPMENT SITE PLAN, AND CONDITIONAL USE PERMIT The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following resolution. RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS FROM AR-1 (AGRICULTURAL, RESIDENTIAL — 1) TO PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) ZONING DISTRICT, PRELIMINARY/FINAL PNRD SITE PLAN, AND A CONDITIONAL USE PERMIT FOR A SPECIALTY HOSPITAL (DRUG ADDICTION AND ALCOHOLISM REHABILITATION) ON 12.7 ACRES OF PROPERTY LOCATED AT 4560 257H STREET. APPLICANT: Mark 2 Properties, Inc. FILE NUMBERS: PNRD 520154870 and CU 620144785 PURPOSE: Preliminary/Final PNRD Site Plan and an Amendment to the Official Zoning Atlas from AR-1 to PNRD on the subject property to allow via a Conditional Use Permit, a specialty hospital (drug addiction and alcoholism rehabilitation). ADDRESS: 4560 25th Street (INSERT LOCATION MAP) The Board of County Commissioners public hearing on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, September 1, 2015 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 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, 2"d Floor, Fort Pierce, FL during regular business hours. Form No. 07-08 Packet Pg. 362 9.A.2.w 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: AUGUST 19, 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 Form No. 07-08 Packet Pg. 363 u Way Life Recovery Center PNRD 520154870 T�. -Vrgini Ave �� iEdwards Rd I Subject Ln Property. W CNI crJ Midway Rdl� cl, N W 2 0 L. IL CO Ln 7 Ln CO) LLI O O z Oj E m u 2 Form No. 07-08 I Packet Pg. 364 Project Name: Project File No. Applicant: Agent: Public Hearing Body: Public Hearing Date: PLANNING AND DEVELOPMENT s a 2 w SERVICES DEPARTMENT Planning Division POSTING OF NOTICE SIGN CONTENT Nu Way Life Recovery Center PNRD 520154870 and CU 620144785 Mark 2 Properties, Inc. Tally Engineering, Inc. Board of County Commissioners September 1, 2015 (install sign no later than August 19, 2015) This sign must be installed by Wednesday, August 19, 2015. Submit signed and notarized affidavit along with two dated color photos of the installed sign to St. Lucie County Planning and Development Services Department — Planning Division office by Wednesday, August 19, 2015 (Please see attachments). All photos must be submitted electronically. Failure to submit verification of posting public notice in advance of the hearing in specification with the dates above will result in the petition being removed from the Agenda. Please call the Project Manager, Jeff Johnson at (772) 462-1580 if you have any questions. Required sign content: NOTICE OF PUBLIC HEARING Mark 2, Properties, Inc. is requesting an Amendment to the Official Zoning Atlas from AR-1, (Agricultural, Residential — 1) to PNRD (Planned Non -Residential Development) Zoning District, Preliminary/Final PNRD Site Plan and a Conditional Use Permit for a proposed specialty hospital (drug addiction and alcohol rehabilitation). The PUBLIC HEARING for these items are 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, September 1, 2015 at 6:00 PM 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 and Development Services Department at 772-462-2822. Revised March 13, 2011 Packet Pg. 365 9.A.2.x ST. LUCIE COUNTY Planning & Development Services Department Planning Division ` 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stlucleco.o[g/glanning/glanning.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 (check each that applies Site Plan Rezoning 3 ® Major Site Plan ® Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUDIPNRDIPMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan Other ❑ Minor Adjustment to PUD/PNRD/PMUD ❑ Administrative Relief Planned Development ❑ Class A Mobile Home s ❑ Planned Town or Village (PTV) ❑ Developer Agreement (Submit per LDC ❑ Planned Country Subdivision (PCS) 11.08.03) ❑ Planned Retail Workplace (PRW) ❑ Power Generation Plants ❑ Prelim. Planned Unit Develop. (PUD) ❑ Extension to Development Order ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Historical Designation/Change 8 in Prelim. Planned Non -Res. Develop. (PNRD) ❑ Land Development Code Text Amendment ❑ Final Planned Unit Develop. (PUD) ❑ Plat ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Post Development Order Change ® Final Planned Non -Res. Develop. (PNRD) ❑ Re -Submittal # 8 Conditional Use' ❑ Shoreline Variance ❑ Conditional Use ❑ Stewardships — Sending/Receiving ❑ Major Adjustment to a Conditional Use ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Minor Adjustment to a Conditional Use ❑ Transfer of Development Rights Variance 2 ❑ Waiver to LDCIComp. Plan Requirements 9 ❑ Administrative Variance ❑ Appeal of Decision by Administrative Official10 ❑ Variance ❑ Eminent Domain Waiver" ❑ Variance to Coastal Setback Line 1. Conditional Use 2. Variance 3. Rezoning I Zoning Atlas Amend 4. Comp. Plan Amendments 5. Class A Mobile Home Aoolication Supplement Packages 6. Historical Designation/Change 7. LDC Text Amendment 8. Re- Submittal 9. Waiver to LDC/Comp. Plan Requirements 10. Appeal of Decision by Administrative Official 11. Eminent Domain Waiver Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Received By Planning Division Page 1 of 6 Revised May 6, 2013 MAY 2i2015 St. Lucie County Packet Pg. 366 9.A.2.x FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: MaiorSitePlan Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: $ 2000 (A) 2500 ❑ CONCURRENCY FEE: $ 400 (B) 50 ❑ ERD REVIEW FEE: $ 100 (C) 150 ❑ UTILITIES $ 50 50 ❑ PER ACREAGE CHARGE: $ nra (D) 326.5 ❑ RESUBMITTAL FEE: (if applicable) $ rva (E) ❑ OTHER $ Na SUBTOTAL OF BASIC FEES: $ ❑ PRE -APPLICATION MEETING FEE: (F) $( } deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ 5626,50 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 3rd party traffic study review is needed. ese services will be invoiced to applicant upon receipt of quote of services from 3rd party. • Please note: For all projects requiring public notice, you will be inv iced St. Lucie County anning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i. . Fire D strict and proof of paym t w!Ze iN-required prior to project ap ovaL Pre -Application Meeting Requ t Applicant Name (Printed) Siqnature of applicant (For office use only) II4TA IE - SIGNATURE DATE VERIFIED BY - SIGNATURE DATE � 1 r File Number:. P V O �5Ut of )1 4? 10 Receir)t Number: Page 2of6 Revised May 14, 2015 Q Packet Pg. 367 9.A.2.x 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: ❑ 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) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units 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; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order 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 Orr inal M lars are due followinq 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's 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 may invalidate the results of any hearing(s)- Page 3 of 6 Revised May 14, 2015 Packet Pg. 368 9.A.2.x Project Information Project Name: Nu -Way Life Recovery Center Site address: 4650 South 25th Street; Ft. Pierce Parcel ID Number(s): 2433-333-0001-000-6 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) The SW 114 of the SW 114, less the north 800.00 feet less the west 40.00 feet and less the S. 78.00 feet thereof public records of St. Lucie County, Florida all Laying in section 33, township 35 South, Range 40 east. Property location — Section/Township/Range: 2560S. 25th Street Property size — acres: 13-06 Future Land Use Designation Zoning District: AR1 Commercial Square footage: Description of project: (Attach additional sheets if necessary) The 13.06 acre parcel subject to this development contains an existing residential unit, which will be included in the development project, remaining as is without any major modifications (aside from modifications required by the Building Code for such use). The remainder 6.6 acres, which this application applies to, is to be developed as a rehabilitation center, to include enough rooms for accommodation 40 patients for a short duration of stay for drug and alcohol fehabilitation, which is to be supported by a separate clinic and office space, dining facility, gym facility as wee as an in ground pool. the entire development as submitted by our drawings is over 50,000sq ft. and will be constructed in phases. Type of construction (check all applicable boxes): ® Commercial Total Square Footage: Existing nra Proposed: 59,753 ❑ Industrial Total Square Footage: Existing Proposed: ❑ Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed: ❑ Other Please specify: Number and size of out parcels (if applicable): Page 4of6 Revised May 14, 2015 Packet Pg. 369 9.A.2.x 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: Mark 2 Properties, Inc. Business Name: Tally Engineering, Inc. Name: Dennis H. Nystrom Name: PiroozBomierdi Address: 727 Arbor Court, Bloomfield Hills, MI 48304 Address: 1806 N. Flamingo Rd; Suite 300. P.Pines, FI. 33028 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: (317)319-3132 Phone: (954)447-0324 Pax: Fax: (954)447-0674 Email: Email: pirooz@tallyeng.com 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 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 behalf of said property owner. Property Qwner,SiParure Mailing Address: 520 Wentworth Court Fayetteville, GA 30215 STATE OF E� ,COUNTY OF � .{=iV , John and Shelly Ownes Property Owner Name (Printed) Phone: (678) 93&1542 If more than one owner, please submit additional pages The foregoing instrument was acknowledged before me this ` day of 20 by who is personally known to me or who has produced 2 as identification. u, Signat of Notary Type or Print Name of Notary K __ _wDG�faa7 12;E Commission Number (Seal) :;• °--•••40r4aQv N • o � o V Page 5 of 6 4 ey ; �(/0,®a etf ��! a Revised May 14, 2015 -.+0 �'�r �o z90 •`q you Packet Pg. 370 9.A.2.x Supplement 3 Rezoning/Amendment to the Official Zoning Atlas Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.06,00 for details Current Zoning: AR 1 Proposed Zoning: i Current Future Land Use: Residential future institutional Acreage of the area to be rezoned: 13.06 1. If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County, state whether the proposed amendment is in conflict with any portions of the LDC. As part of this application we are not requesting an amendment, rather we are requesting rezoning in order to develop a commercial building. 2. Please give a statement describing any changed conditions that would justify a rezoning: This request concerns rezoning from A-131(existing) to I (proposed) designation. Within 1500 feet of this property there already exists variety of properties that render this area as a mixed zoning location which includes a family medical center (157 feet away), a professional park (0.1 miles away), a high school (0.7 miles away), two churches (335 feet and 0.2 miles away respectively), a Midway Mart (0.6 miles away), and two clusters of residential homes (0.2 and 0.4 miles away respectively). Therefore conditions have changed to a degree that the addition of the proposed rezoning will not cause a drastic change to the area, given mixed zoning already exists. 3. Please state why there is a need for the proposed rezoning: The existing property is a 15 acre lot in which there is an existing residential unit. Therefore the entire property has been zoned as residential. The intent is to develop this property into an over 50,000 sq. ft. rehabilitation facility and to achieve this intended use the zoning must be changed to commercial (RS zoning). 4. Please state whether and how the proposed rezoning is consistent with the St. Lucie County Comprehensive Plan: The proposed zoning is consistent with St. Lucie County' Comprehensive Plan in the sense that in this corridor the County has already allowed mixed zoning. This corridor has not been fully developed but it has been designated for this kind of mixed use zoning and development by the County. 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; The rezoning request concerns 6.6 acres of the unused, vacant portion of the lot and therefore will leave the property compatible with existing land use. Page 1 of 2 Revised: May 27, 2010 Received By Planning Division JUN, 2 4 ?014 St. Lucie Count Packet Pg. 371 9.A.2.x Supplement 3 B) Affects the capacities of public facilities, including but not limited to transportation, sewage, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical service; This property is being developed as a rehabilitation center will not have any negative impact on public facilities for the following reasons, 1) no impact on transportation, since the patients are transferred from other states and will not be using public transportation, 2) No impact on water and sewage as this corridor has not yet been fully developed and is under capacity, 3) no impact on drainage since the existing design has provisions for drainage with no negative impact on the existing, 4) no impact on parks as this facility is designed with a lot of outdoor facilities for the patients, 5) no impact on schools, since this facility is intended for adults in a transitional short term stay fashion, 6) no impact on existing solid waste, 7) minimum to no impact on emergency medical services since it is a medical facility itself and has medical staff on duty at all times. C) Affects the natural environment; (If no adverse impacts expected, please state why.) This is a vacant lot with minimal impact on the environment and the proposed development does not have any foreseeable environmental impact. Majority of the existing trees are being maintained and have been incorporated into the design. Any trees in conflict with the development have been designated for D) Will result in an orderly and logical development pattern; The proposed development is intended to be a phased project and as such will be carried out in an orderly fashion since in phase 1 all residential support buildings, including kitchen, gym and pool will be developed and in the second phase the actual medical facility and offices will be built. E) Will adversely affect the property values in the area; The proposed development not only does not adversely affect the area, but also is expected to increase the property value and enhance the neighborhood since it has an aesthetically pleasing architectural design. 6. Please explain the applicant's interest in the subject property; The applicant is the developer as well as a member of the corporation that will eventually operate this facility 7. Please include such other information or documentation that may be deemed necessary or appropriate to a full and proper consideration and disposition of this particular application. We have already met with all property owners with 500 feet of this proposed facility and they have all been pleased with the proposal and are supportive of the project. We intend to reach out to all the neighboring properties outside of this limit and educate them about our proposed project, provide them with artist rendering and in general establish local support and understanding for our proposed project. Please Note: This Rezoning Application Supplement will not be considered complete without the Developrpeegtt Application, complete with notarized signatures of all land giving their consent the filing of this application and supplement. P goo—L Applicant or Agent Name (Printed) Signature Page 2 of 2 Revised: May 27, 2010 Packet Pg. 372 9.A.2.x Supplement 1 Conditional Use Application Su Cement Refer to St Lucie County Land Development Code (LDC) Section 11.07.00 for details Desired Conditional Use 1 Adjustment: 4560 South 25th street, 5t. Pierce F134981 Minor Adjustment Major Adjustment Existing use of property: Residential Is a change in ng sough h the petition for Conditional Use? ✓�YES I I NO Is a change in FOAqre Land sought with the petition for Conditional Use? ✓ YES II NO Is a Site Plan Apgyval appin being filed concurrent with the Conditional Use Application? I I YES I I NO If the Conditional Use applied for requires site plan approval, the applicant shall submit a site plan that meets the requirements of LDC Section 11.02.00. The following information you provide is very important in determining the outcome of your conditional use request. It is required by Section 11.07,00, LDC that appropriate findings are made to justify a Conditional Use approval. Please use additional pages, if necessary to justify your request. 1. Describe the reason for the proposed Conditional Use or Adjustment: The reason that this conditional use is being proposed is that the existing zoning for the above referenced property which is located at 4560 S 25th Street, is residential. The new owner has proposed to develop 6.6 acres of this property to establish a drug and alcohol rehabilitation facility, which consists of 35,746 sq. feet of office space and treatment facility and 24,000 sq. feet of short term living space, and includes a kitchen facility, a gymnasium, pool, and some outdoor facilities for the comfort and enjoyment of the patients. 2. Is the proposed Conditional Use or Adjustment in conflict with any portion of the LDC or the St. Lucie County Comprehensive Plan? 1. Based on our research, we do not see any conflicts by developing this property under the proposed institutional zoning, Likewise, we do not foresee any conflict to exist or develop with St. Lucie County Comprehensive Plan. Since thl corridor (South 251h Street) has not been fully developed, the proposed development will not exceed the maximum allowable zoning requirement that has been set by St. Lucie County for this segment of the county. 3. What are the existing uses in the immediate area and how is the proposed Conditional Use or Adjustment compatible with the existing uses in the area? The developments within 1500 feet of this property consist of churches, medical facilities, schools, grocery stores, and some single family homes and residential communities. Institutional zoning as requested for this property will not be any different from any of these adjacent properties and their use, which indicates a mixed use zoning where institutional zoning has already been granted to other similar development. Therefore, by granting the conditional use for this property there will be no impact on this corridor (South 2511 Street). Page 1 of 2 Revised: May 27, 2010 Received By Planning Division JUN 2 4 2014 a St. Lucie County Packet Pg. 373 9.A.2.x Supplement 1 4. What conditions have changed in the immediate area that warrants consideration of this Conditional Use or Adjustment application? This corridor has originally being zoned as a residential area. Overtime, however, the conditions have changed in the sense that the needs of the community have warranted establishment of various businesses in the area. For instance immediately adjacent to and across from the proposed property there exist a church and a medical facility as well as a number of other commercial entities, which is consistent with the LAC of St. Lucie County Comprehensive Plan. As such, the granting of this request for conditional use is warranted as the proposed property is similar in nature to o er s esses in the urroundi area. fat are tie an iclpated impacts of the proposed Conditional Use or Adjustment on the existing and future public facilities in this area, such as roads, transit, water, sewer, drainage, parks, etC.? This property is being developed as a rehabilitation center will not have any negative impact on public facilities for the following reasons, 1) no impact on transportation, since the patients are transferred from other states and will not be using public transportation, 2) No impact on water and sewer as this corridor has not yet been fully developed and is under capacity, 3) no impact on drainage since the existing design has provisions for drainage with no negative impact on the existing, 4) no impact on parks as this facility is designed with a lot of outdoor facilities for the patients,5) minimum to no impact on emergency medical services since it is a medical facility itself and has medical staff on duty at all times, 6. What are the anticipated environmental impacts of the proposed Conditional Use or Adjustment? If no adverse impacts are anticipated, please explain why. This is a vacant lot with minimal impact on the environment and the proposed development does not have any foreseeable environmental impact. Majority of the existing trees are being maintained and have been incorporated int, the design. Any trees in conflict with the development have been designated for relocation. 7. Please provide any additional information about size, hours, and seasons of operation; number of employees; number of car or truck trips; equipment utilized; anticipated duration of use; impacts of noise and light; access improvements; hazardous substances utilized; and any other issue that would assist in the evaluation of this application. As part the proposed development, owner/developer is planning to establish office facilities in addition to medical and treatment facilities to support 50 patients at a time. In support of the patients thatare there for a short duration, development includes dining facilities and recreational areas for the comfort and enjoyment of the residents during their treatment phase. Even though the total size of the development is approximately 50,000 sq. feet, but the number of patients and staff who will be present in the facilities at any given time is very limited. Considering that these patience will not be driving (they will be transpo there will not be any impact on the community in terms of public transportation and facilities, We anticipate that the number of the aff fo his facility will not excee 50. Since this is a treatment facility we do not anticipate use or creation of any hazardous materials t any ti e, The nature of the facilit is medical and as such it is noise controlled at all times. 4) 11 V of Sul Applicant or Agent Name (printed) Signature Page 2 of 2 Revised: May 27, 2010 ci c cl rn d r a� a 0 a M LO 0 N to W e Packet Pg. 374 9.A.2.y IW JOANNE HOLMAN, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY File Number: 2067531 DR BOOK 1554 PAGE 1736 Recorded:07/1810^ 09:13 Prepared By and flalvm To: Angela Collins-8ragg ` Fidelity Natlonai Title Ir suurrinee Company of New York 1 IS North Second Street Fort Pierce, FL 34950 File No. 02.020-701029 Property Appralaer's Parcel 1.0. (follal Number Is) 2433-333-0001.000J6 It Doc Assump: 5 0.00 a Doc Tax : $ 189.00 * Int Tax : s 0.00 TRUSTEE'S DEED a singQle wom n THIS TRUSTEE'S DOED made and exacuted July 12, 2002. by Maxine R. Hargrave;individu,ly and as Trustee of the Maxine R. Hargrave Living Trust dated May 1, 2000 hereinafter called the grantor, to John Owens and Shelly Owens, husband and wife whose post office address is 2391 S, 25th St., F.L. P4,�- rr_gr,lu, oR,_� hereirraltar called the antee: lWherever used herein the terms "grantor' and "grantee" inckide all the parties to this instrument and the heirs, legal representatives and assign of Individuals, and the successors and assigns of corporations) WITNESSETtf: That the grantor, for and in consideration of the sum of $ 10.00 and other valuable consideration, receipt whereof Is hereby acknowledged, hereby grants, bargains, sails, aliens, remises, releases, conveys, and confirm& unto the grantee, all the certain land situated in St. Lucie County, Florida, viz: The Southwest 114 of the Southwest 114, less the North 800 feet and less the West 40 feet, and the South 7B feet, Section 33, Township 35 South, Range 40 East, St. Lucie County, Florida. subject to easements, restrictions, reservations, and limitations of record, if any, TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and Canvey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said rand is free of all encumbrances, except taxes accruing subsequent to: December 31, 2001 _ IN WITNESS WHEREOF, the a?id grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Maxine R. Hargrave Living Trust dated May 1, 2000 Maxine argr rve, IIaividuaiiy Trustee SEE: EXHIBIT A ATTACHED fERETO AND MADE A PART HEREOF .._�„�,��...... Page F ol2 CV d C d t V I IPteceiued Fay r Planning Dim; a JUN.2 4 Packet Pg. 375 0 r I fitness iynetureTL/ 1 s7nij�' Witness Printed Name fitness Printed Name STATE OF FLORIDA I COUNTY OF fiL , I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and the County aforesaid to take acknowledgements, personally appeared AAKINe R. HAFIGRAMQ1HVI DUALLY & IRUSTEE to me mown to be the person(s) described in or who haisftwe produced as identification and who executed the foregoing Instrument and helahehhey acknowledged before me that helshejthey executed the same. f WITNESS my hand and official seal in the County and State last aforesaid thisl�� d y of JULY, 2002. Notary Public T-t. i Dwa 11M— - ►r.1' 7�4t 1i1F..ua ..pl Print Name of Notary My Commission Expires; Kamw r. rr«o MrcorrMss+aet*tcrar130DPW$ �.tiwrsn�+u RMruxisl��,y,�L wt r-QO L of 2 C CV M O a� a O tL Y L C� G M tr') r O N (/) W O O N d r s= r r a Packet Pg. 376 "Exhibit A" SCHEDULE B 11 IExceptionsl Escrow File No.: 02-020.701028 Commitment No.: 02.020-701029 Schedule 8 of the policy or policies to be issued will contain exr eptlOns to the following matters unless the same are disposed of to the astisfiPaVon of the Company, 7 , Defaats, gone, encumbrances, adverse claims or other matters, it any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of record the estate or Interest or mortgage thereon covered by this Commitment. 2. All assessments End taxes for the year 20D2 and all subsequent years, which are not yet due and payable. 3. Any Ilan, or right to a lien, for services, labor or material heretofure or hereafter furnished, imposed by law and not shown by the public records. 4. Any encroachments, suamente• measurements, variations in area or content, party walls Or other facts which a correct survey of the premises would show. 5. Rights or calms of parties in possession not shown by the public records. 6. Roads, ways, streams or easements, if any, not shown by the public records, riparian rights and the title to any sovereignty lands. 7. Easementisl grantrd to Florida Power & Light Company in O.R. Book 96, page 65. 8. Right -of -Way, for Hawley Road recorded in O.R. Book 92, page 181, O.R. Book 233, page 1421 and O.R. Book 1095r page 1287. 9. Drainage Easement recorded in O.R. Book 848, page 694 and amended in D.R. Book 1246, Page 53. 10. Right -of -Way for Hawley Road as now laid out and in use. 11. Right -of -Way for Canal No, 102 as now laid out and in use. ENO OF EXCEPTION$ i� 9.A.2.y .r Q Packet Pg. 377 ITEM NO. RES-2015-154 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Katherine Barbieri, Asst. County Attorney County Attorney Solid Waste Final Assessment Resolution DATE: 09/01/2015 *PUBLIC HEARINGS\COUNTY ATTORNEY Pursuant to Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County, the St. Lucie County Board of County Commissioners (the Board) has the authority to impose annual assessments for solid waste (garbage and recycling) collection, disposal and administrative services, facilities or programs against certain property within St. Lucie County. On September 14, 2004, the Board initially levied recurring assessments on residential properties within the County Solid Waste Urban Service Area for the purpose of including solid waste fees on property tax bills. This method of collection is in lieu of the garbage hauler billing property owners directly for garbage and recycling services. The purpose for this action is to provide residential property owners and occupants proper, safe and cost effective disposal residential waste and recyclable materials generated on such property. On July 21, 2015, the Board adopted Resolution No. 15-121, the Solid Waste Initial Assessment Resolution. This resolution authorizes the Board to impose assessments for solid waste services for the fiscal year commencing October 1, 2015 at a rate of $252.06 per dwelling of collection of the 2015 tax bill, and established a public hearing to be held on September 1, 2015 at 6:00 p.m. or as soon thereafter as may be heard. The Property Appraiser has prepared the Final Assessment Roll: Assessment Roll "A" contains residential properties within the County Solid Waste Urban Service Area at the 2015 assessment rate of $252.06 per dwelling unit. J:1191611J`T!Tf iLS1►A January 13, 2009 - The Board approved advertising the Request for Proposals for Residential Solid Waste Collection Services. May 12, 2009 - The Board awarded RFP No. 09-020 to Waste Pro of Florida, Inc. For an initial period of five Packet Pg. 378 (5) years. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board adopt the Solid Waste Final Assessment Resolution and authorize the Chair to sign the Resolution. COMMISSION ACTION: Coordination Signatures Danie s. McIntyre, c my ttorney 8/21/2015 Updated: 8/28/2015 9:59 AM by Kelly Phelan A Page 2 Packet Pg. 379 9.B.A Attachment "A" ST. LUCIE COUNTY, FLORIDA FINAL ASSESSMENT RESOLUTION SOLID WASTE SERVICES ADOPTED September 1, 2015 Packet Pg. 380 9.B.A TABLE OF CONTENTS Page SECTION 1. AUTHORITY................................................................................................. 3 SECTION 2. DEFINITIONS AND INTERPRETATION.......................................................... 4 SECTION 3. IMPOSITION OF SOLID WASTE COLLECTION AND DISPOSAL ASSESSMENTS.......................................................................... 4 SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT RESOLUTION ................. 7 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION...................................................... 7 SECTION 6. EFFECTIVE DATE................................................................................. 7 APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS...........................................................................A-1 APPENDIX B: PROOF OF PUBLICATION.......................................................................... B-1 APPENDIX C: FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL................................................................................... C-1 Packet Pg. 381 9.B.A RESOLUTION 15-XXX A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN ST. LUCIE COUNTY, FLORIDA; AMENDING THE PRELIMINARY ASSESSMENT RESOLUTION; ESTABLISHING THE RATE OF ASSESSMENT; IMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR THE COLLECTION; APPROVING THE ASSESSMENT ROLL; CONFIRMING THE PRELIMINARY ASSESSMENT RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has enacted Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County (the "Ordinance"), which authorizes the imposition of annual Solid Waste Service Assessments for Solid Waste collection, disposal and administrative services, facilities or programs against certain Assessed Property within St. Lucie County; WHEREAS, the imposition of a Solid Waste Service Assessment for Solid Waste collection, disposal and administrative services, facilities or programs for each Fiscal Year is an equitable and efficient method of allocating and apportioning Solid Waste Costs among parcels of Assessed Property; WHEREAS, on September 14, 2004, the Board adopted Resolution No. 04-201 which authorized the imposition of an assessment program for Solid Waste collection, disposal and administrative services, facilities or programs within the County Urban Services Area using the tax bill collection method commencing with the 2004 Fiscal Year; WHEREAS, on July 21, 2015, the Board adopted Resolution No. 15-121 (the "Preliminary Assessment Resolution"), containing a brief and general description of the Solid Waste collection, disposal and administrative services, facilities or programs to be provided to Assessed Property, describing the method of apportioning the Solid Waste Costs to compute the Solid Waste Service Assessment for Solid Waste collection, disposal and administrative services, facilities or programs against Residential Property, designating a rate of assessment, a separate Assessment Roll for any Residential Property that is delinquent in payments of the Solid Waste Cost for prior Fiscal Years and directing preparation of the Assessment Roll and provision of the notice required by the Ordinance; WHEREAS, pursuant to the provisions of the Ordinance, the Board is required to confirm or repeal the Preliminary Assessment Resolution, with such amendments as the Board deems appropriate, after hearing comments and objections of all interested parties; 1 Packet Pg. 382 9.B.A WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance; WHEREAS, on July 29, 2015, notice of a public hearing has been published and, as required by the terms of the Ordinance and the Preliminary Assessment Resolution, mailed to each Owner of Residential Property proposed to be assessed notifying such Owners of their opportunity to be heard. An affidavit regarding the form of notice mailed to each Owner of Residential Property is attached hereto as Appendix A and the proof of publication is attached hereto as Appendix B; and WHEREAS, a public hearing was held on September 1, 2015, and comments and objections of all interested persons have been heard and considered as required by law; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This resolution is adopted pursuant to Chapter 1-9 of the Code of Ordinances and Compiled Laws of St. Lucie County; Florida, Resolution No. 04-201; Article VIII, Sectionl(f), Florida Constitution; sections 125.01 and 125.69, Florida Statutes; and other applicable provisions of law. SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes the Final Assessment Resolution as defined in the Ordinance. All capitalized terms in this resolution shall have the meanings defined in the Ordinance and the Preliminary Assessment Resolution. SECTION 3. IMPOSITION OF SOLID WASTE COLLECTION AND DISPOSAL ASSESSMENTS. (A) The parcels of Assessed Property described in the Assessment Roll, which is hereby approved, are hereby found to be specially benefited by the provision of Solid Waste collection, disposal and administrative services, facilities or programs described in the Preliminary Assessment Resolution, in the amount of the Solid Waste Service Assessment set forth in the Assessment Roll, a copy of which was present at the above referenced public hearing and is incorporated herein by reference. It is hereby ascertained, determined and declared that each parcel of Assessed Property within the County Solid Waste Urban Service Area will be benefited by the County's provision of Solid Waste collection, disposal and administrative services, facilities or programs in an amount not less than the Solid Waste Service Assessment for such parcel, computed in the manner set forth in this Resolution. Adoption of this Final Assessment Resolution constitutes a legislative determination that all parcels assessed derive a 2 Packet Pg. 383 9.B.A special benefit, as set forth in the Ordinance and the Preliminary Assessment Resolution from the Solid Waste collection, disposal and administrative services, facilities or programs to be provided and a legislative determination that the Solid Waste Service Assessments are fairly and reasonably apportioned among the Residential Properties that receive the special benefit as set forth in the Preliminary Assessment Resolution. (B) The method for computing Solid Waste Service Assessments described in the Preliminary Assessment Resolution is hereby approved. (C) For the Fiscal Year beginning October 1, 2015, the Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcels' classification as Residential Property and the number of Dwelling Units for such parcels. An annual rate of assessment equal to $252.06 for each Dwelling Unit is hereby approved. Solid Waste Service Assessments for Solid Waste collection and disposal services, facilities or programs in the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of Assessed Property described in the Assessment Roll. (D) Any shortfall in the expected Solid Waste Service Assessment proceeds due to any reduction or exemption from payment of the Solid Waste Service Assessments required by law or authorized by the Board shall be supplemented by any legally available funds, or combination of such funds, within the solid waste enterprise fund. (E) As authorized in Section 1-9-71 of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, Interim Solid Waste Service Assessments are also levied and imposed against all Residential Property for which a Certificate of Occupancy (or Building Permit as chosen by the Board) is issued beginning June 1, 2015, or has otherwise been inadvertently omitted from the Assessment Roll, based upon the rates of assessment approved herein. The County shall provide invoices to those Residential Properties requesting payment in the amounts set forth herein. Failure of the Property Owner to pay such amounts within forty-five (45) days shall render these amounts delinquent. Such delinquencies may be collected by any lawful means, including but not limited to, the institution of an action to collect the amounts owed or their inclusion on the subsequent years Tax Bill. In addition, the Building Department shall be authorized to also collect an administrative fee of 2% of the amount of the Interim Solid Waste Assessment to pay for the costs of collection and processing. The amount which shall be imposed upon Interim Solid Waste Assessments, including the administrative fee, shall be $21.45 per month per Dwelling Unit for each month until such Residential Property can be placed on an Assessment Roll. (F) As authorized by 1-9-71 of the Code or Ordinances and Compiled Laws of St. Lucie County, Florida, Solid Waste Service Assessment delinquencies may be collected by any lawful means, including but not limited to, the institution of an action to collect the amounts owed or 3 Packet Pg. 384 9.B.A their inclusion on the subsequent years Tax Bill. The Assessment Roll includes Solid Waste Assessment that are delinquent to date. (G) Such Solid Waste Service Assessments shall constitute a lien upon the Assessed Property so assessed 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. (H) The Assessment Roll, as herein approved, shall be delivered to the Tax Collector for collection using the tax bill collection method in the manner prescribed by 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 C. SECTION 4. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the method of apportionment, the rate of assessment, the Assessment Roll and the levy and lien of the Solid Waste Service Assessments for Solid Waste collection, disposal and administrative services, facilities or programs) unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 30 days from the date of this Final Assessment Resolution. SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. PASSED, ADOPTED AND APPROVED THIS 111 day of September 2015. ATTEST: BY: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Clerk Chair 4 APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 385 9.B.A APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS 5 Packet Pg. 386 9.B.A AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Anne Bowers, who, after being duly sworn, deposes and says: 1. Anne Bowers, pursuant to the authority and direction received from the Board of County Commissioners, timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of notices in accordance with Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County, Florida (the "Ordinance"), in conformance with the Preliminary Assessment Resolution adopted by the Board on July 21, 2015 (the "Preliminary Assessment Resolution"). 2. In accordance with the Ordinance, Ms. Bowers supervised and directed the mailing of individual mailed notices to the owner of each Assessed Property contained upon the Assessment Roll. The notice was substantially in the form as contained in the Preliminary Assessment Resolution and included the following: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the County expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. FURTHER AFFIANT SAYETH NOT Anne Bowers, Affiant STATE OF FLORIDA COUNTY OF ST. LUCIE COUNTY The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of 20_, by Misty Theriault. She is personally known to me or has produced as identification and did take an oath. Printed Name: Notary Public, State of Florida At Large My Commission Expires: Commission No.: 0 Packet Pg. 387 9.B.A APPENDIX B PROOF OF PUBLICATION Packet Pg. 388 9.B.A APPENDIX C FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL M. Packet Pg. 389 9.B.A CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, as an 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 solid waste services (the "Solid Waste Service Assessment Roll") for the 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. I 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 , 20_ 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 20 ST. LUCIE COUNTY, FLORIDA By: Katie Price [To be delivered to Tax Collector prior to ] 9 Packet Pg. 390 9.B.B AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Anne Bowers, who, being duly sworn, deposes and says: 1. Anne Bowers, pursuant to the authority and direction received from the Board of County Commissioners, timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of notices in accordance with Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County, Florida (the "Ordinance"), in conformance with the Preliminary Assessment Resolution adopted by the Board on July 2 1, 2015 (the "Preliminary Assessment Resolution"). 2. In accordance with the Ordinance, Ms. Bowers supervised and directed the mailing of individual mailed notices to the owner of each Assessed Property contained upon the Assessment Roll. The notice was substantially in the form as contained in the Preliminary Assessment Resolution and included the following: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the County expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. FURTHER AFFIANT SAYETH NOT. Anne Bowers, Affia nt STATE OF FLORIDA COUNTY OF ST. LUCIE COUNTY 3 _ . The foregoing Affidavit of._Mailing_was sworn to and subscribed before me this -day of Su� �1 , 2015, by Anne Bowers. She is personally known to me -or has produced as identification and did take an oath. Printed Name: Susan Laventure Notary Public, State of Florida At Large My Commission Expires: P" S.LAVENTURE ..= � MY COMMISSION # EE 860379 Commission No.: ��' �"�EXPIRES: April 24, 2017 r"rF ; FIpR��P Bonded Thru Budget Notary Services Packet Pg. 391 8A ))Wednesday, July29,2015 A TREASURE COAST NEWSPAPERS)) SC FROM lA 9.B.0 2 0 d c m E y N a U_ co W Lo T_ T L6 CD Q W We cannot guarantee when this offer will be repeated in the newspaper. � Clip this offer and please call today! r- - - - - - - - - - - - - - - - - - - - - - - - - - - - , _ Now, from United of Omaha Life Insurance Company... 2 I $ 110ao e ' e nsurance. g L a Are you between the ages of 45 and 85? I m ,y{ x Then this GUARANTEED ACCEPTANCE policy is for YOU! Choose from 4 benefit levels - up to $10,000! 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Sunset menu 4 - 5:30pm Daily 3754 SE Ocean Blvd., Sewall's Point 772-288-1222 91 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS Notice is hereby given that the Board of County Commissioners of St. Lucie County, Florida (the "Board") will conduct a public hearing to consider imposing solid waste special assessments against certain improved residential properties located within the County Solid Waste Urban Service Area to fund the cost of solid waste management, collection, and disposal services, facilities and programs provided to such properties and to authorize collection of such assessments on the tax bill. The hearing will be held in the County Commission Chambers at 6:00 p.m. on September 1, 2015, or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the Third Floor in the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 days of this notice. If a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact George Landry, ADA Coordinator at (772) 462- 1546 or TDD (772) 462-1428, at least seven days prior to the date of the hearing. The assessments will be computed by multiplying the number of dwelling units on each parcel by the rate of assessment. The rate of assessment for the upcoming fiscal year shall be $252.06 per dwelling unit. The maximum rate of assessment that can be charged in future fiscal years without additional notice shall be $252.06 per dwelling unit. Copies of the assessment roll, showing the amount of the assessment to be imposed against each parcel of property, and the legal documentation relating to the assessments are available for inspection at the office of the St. Lucie County Property Appraiser, 2300 Virginia Avenue, Suite #107, Fort Pierce, Florida. Additionally, past years assessments against certain properties that were inadvertently not collected on a prior tax year's bill shall also be included. The assessments will be collected on the ad valorem tax bill to be mailed in November 2015, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If you have any questions, please contact the County at (772) 462-5112, Monday through Friday between 8:00 a.m. and 5:00 p.m. HOWARD TIPTON, County Administrator 5 � _ d ICL a Im NO medical exam! NO health questions! 1= E I� � a Your affordable monthly rate will "lock -in" at your enrollment age... I I I I I I I In WA minimum benefit amount available is $5,000.00. 1 Life Insurance underwritten by United of Omaha Life Insurance Company, 3300 Mutual of Omaha Plaza, Omaha NE 68175;1-800-775-6000. United of Omaha is licensed nationwide except New York. 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I I AFN44167 L- - - - - - - - - - - - - - - - - - - - - - - - - - - - J M111 II Benefit 111 II Benefit III 11 Age Male Female Male Female Male Female Male Female 45-49 32.50 27.00 23.05 19.20 16.75 14.00 10.45 8.80 50-54 36.00 30.00 25.50 21.30 18.50 15.50 11.50 9.70 55-59 45.00 37.50 31.80 26.55 23.00 19.25 14.20 11.95 60-64 55.00 42.00 38.80 29.70 28.00 21.50 17.20 13.30 65-69 66.00 51.00 46.50 36.00 33.50 26.00 20.50 16.00 70-74 89.00 69.00 62.60 48.60 45.00 35.00 27.40 21.40 75-79 121.00 98.00 85.00 68.90 61.00 49.50 37.00 30.10 80-85 166.00 139.50 116.50 97.95 83.50 70.25 50.50 42.55 Packet Pg. 392 NOTICE OF HEARING TO IMPOSE AND PROVID � Erin COLLECTION OF SOLID WASTE SERVICE SPECIAL AS 9 B D Notice is hereby given that the Board of County Commissioners of St. County, Florida (the "Board") will conduct a public hearing to col imposing solid waste special assessments against certain imp residential properties located within the County Solid Waste Urban S1 Area to fund the cost of solid waste management, collection, and dis services, facilities and programs provided to such properties and to autl collection of such assessments on the tax bill. The hearing will be held in the County Commission Chambers ai p.m. on September 1, 2015, or as soon thereafter as the matter m heard in the St. Lucie County Commission Chambers located on the Floor in the St. Lucie County Administration Annex, 2300 Virginia AV Fort Pierce, Florida, for the purpose of receiving public comment c proposed assessments. All affected property owners have a right to a at the hearing and to file written objections with the Board within 20 d� this notice. If a person decides to appeal any decision made by the I with respect to any matter considered at the hearing, such person will a record of the proceedings and may need to ensure that a verbatim r is made, including the testimony and evidence upon which the appea be made. In accordance with the Americans with Disabilities Act, pe needing a special accommodation or an interpreter to participate i proceeding should contact George Landry, ADA Coordinator at (772, 1546 or TDD (772) 462-1428, at least seven days prior to the date hearing. The assessments will be computed by multiplying the number of d%A units on each parcel by the rate of assessment. The rate of asses: for the upcoming fiscal year shall be $252.06 per dwelling unit. maximum rate of assessment that can be charged in future fiscal without additional notice shall be $252.06 per dwelling unit. Copies assessment roll, showing the amount of the assessment to be iml against each parcel of property, and the legal documentation relating assessments are available for inspection at the office of the St. Lucie C Property Appraiser, 2300 Virginia Avenue, Suite #107, Fort Pierce, FI Additionally, past years assessments against certain properties that inadvertently not collected on a prior tax year's bill shall also be inclu( The assessments will be collected on the ad valorem tax bill to be mal November 2015, as authorized by Section 197.3632, Florida Statutes. F to pay the assessments will cause a tax certificate to be issued again property which may result in a loss of title. ie er �d o ;e al 0 re a� c )0 E )e rd e, y ie Q ar c of ii rd �d rd to is o is Cl) 2- cn ie w w .q ig r nt Ln ie N rS ch ie w �d ie ty a. o re �a a 4- 0 4- 0 0 L a m x c m Q. a Gl a m 0 in 4.3 re a ie If you have any questions, please contact the Count at 772 462-5112, Monday through Friday between 8:00 a.m. and 5:00 p Packet Pg. 393 HOWARD TIPTON, County Administrator IUGWSSGSSV 1eu13 a;SeM PHOS - S3N : tiS�-SWZ-S3N) ejeoilpeo - 0 xipuaddV :3'8'61UGWt4ae14V w o� � M a m CERTIFICATE c a TO NON -AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, as an 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 solid waste services (the "Solid Waste Service Assessment Roll") for the 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. I 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 Cr- 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 3 day of 3Li.4 e- 2015. ST. LUCIE COUNTY, FLORIDA B 6L,4,;,� Y� Christina Sutton -Hardie (To be delivered to Tax Collector prior to September 1]