Loading...
HomeMy WebLinkAboutAgenda Packet 04.02.2013COUNTY Lff ®E F L O R[ D A BOARD OF COUNTY COMMISSIONERS AGENDA ST LUCIE COUNTY BOCC Regular Meeting Tuesday, April, 2, 2013 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3Rd Floor of Roger Poitras Building Fort Pierce, FL 34982 COUNTY COMMISSION MEMBERS District No. 2, Chairman TOD MOWERY District No. 4, Vice -Chair FRANNIE HUTCHINSON District No. 1 CHRIS DZADOVSKY District No. 3 PAULA A. LEWIS District 5 KIM JOHNSON 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 412512013 11:18 AM BOCC ReauiaR Meemr, tuesnav, Arwm, 2, 2013 6:00 Pitl 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 five 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 Page BOCC Re(aaaR Meet= tueDav, Aria 2, 2013 6:00 Pitt I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES APPROVAL 1. Board of County Commission - BOCC Regular Meeting - Mar 19, 2013 9:00 AM IV. PRESENTATIONS 1. There are no items scheduled. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS 1. Warrants List No. 25 B. COUNTY ATTORNEY 1. Proclamation Designating the Month of April 2013 as "National Child Abuse Prevention Month" Staff recommends that the Board adopt the attached proclamation as drafted by the County Attorney. 2. Proclamation Designating the Month of April 2013 as "Child Abuse Prevention Month" as requested by CASTLE. Staff recommends that the Board adopt the attached proclamation as drafted by the County Attorney. 3. Proclamation designating April 6, 2013 as "Children's Day" and April 7, 2013 as "Parents and Children's Day" in St. Lucie County, Florida. Staff recommends that the Board adopt the attached proclamation as drafted by the County Attorney 4. Proclamation Designating the Month of April 2013 as "Water Conservation Month". Staff recommends that the Board adopt the attached proclamation as drafted by the County Attorney. 31Paa- BOCC ReGuiaR Meetrnr, lueUav, Arim, 2, 2013 6:00 Pnl C. 5. Proclamation designating April 19, 2013 as "Patriot's Day" in St. Lucie County, Florida. Staff recommends that this Board adopt the attached proclamation as drafted by the County Attorney. 6. Madison Vines, LLC - Subordination Agreement with PNC Bank, National Association Staff recommends the Board of County Commissioners approve the proposed Subordination Agreement with PNC Bank, National Association, for the Madison Vines, LLC project, and authorize the Chairman to sign the Subordination Agreement. 7. Proclamation designating the month of April, 2013 as "Sexual Assault Awareness Month" in St. Lucie County, Florida. Staff recommends that this Board adopt the attached proclamation as drafted by the County Attorney. 8. Proclamation designating the month of April, 2013 as "General Aviation Appreciation Month" in St. Lucie County, Florida. Staff recommends that this Board adopt the attached proclamation as drafted by the County Attorney. ADMINISTRATION 1. 2013 Federal Legislative Agenda Board authorization to Legislative Agenda to Congressional Delegation. COMMUNITY SERVICES submit the County's 2013 Federal members of Florida's Federal 1. 10th Street Road Construction Board approval of change order number three as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Engineering Services - D9 Canal Project Board approval of change order number four as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. 3. State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) Board approval of the Resolution adopting the SHIP LHAP for FY 2013/2014, 2014/2015 and 2015/2016 and authorization for the Chairman to sign documents as approved by the County Attorney. 4 1 Page BOCC ReGuiaR Meetrnr, lueUav, Arim, 2, 2013 6:00 Pnl 4. Construction Services for D-9 Canal Drainage Improvements Board authorization to award Bid No. 13-019 for construction services to Guettler Brothers Construction for the D-9 Canal Drainage Improvement project funded under CDBG DRI, and authorization for the Chairman to sign documents as approved by the County Attorney. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES 1. Corizon Inmate Health Care Invoice No. CZN000012457 Staff recommends Board approval for payment of Corizon Health Services invoice number CZN000012457 for Inmate HIV medications for January 1, 2013 through January 31, 2013 in the amount of $67,351.41. 2. Corizon Inmate Health Care Invoice No. CZN000012459 Staff Recommends Board approval for payment of Corizon Health Services invoice number CZN000012459 for FY-2012 Inmate Utilization of Medical Services costs in the amount of $106,726.11. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT BUDGET There are no items scheduled. J. PARKS, RECREATION, & FACILITIES 1. Waiver of Fenn Center Facility Rental Fees for the Phil Chalmers Assembly Presentation Board approval to waive $675 in facility rental fees for the Phil Chalmers Assembly Presentation at the Havert L. Fenn Center 2. SEAL Museum Grant Agreement Payout Board consideration to exercise its right to payout the loan amount not to exceed $231,156.73 using the reserve funds in the 33% of the fifth cent Tourist Development Tax fund. 5 1 Pagf BOCC Re(aaaR Meet= tueDav, Aria 2, 2013 6:00 Pitt 3. Bleacher Expansion South County Regional Stadium - 560 NW University Blvd, Port St. Lucie Board approval to allocate $60,000 of Parks MSTU funding to increase the total project cost to $110,000 in order to complete the re -installation of the bleachers at South County Stadium. K. PLANNING AND DEVELOPMENT SERVICES 1. Approve Budget Resolution for the Design and Construct Parallel Runway Taxiway Connector (Phase 1-Design) Project Board approval of Budget Resolution establishing the fund for the Design and Construct Parallel Runway Taxiway Connector Project, and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Transportation Impact Study Waiver for North Hutchinson Island Wastewater Treatment Facility (WWTF). Board approval of Transportation Impact Study Waiver for North Hutchinson Island WWTF as outlined in this agenda request. 3. Permission to Advertise - Amendments to the Comprehensive Plan and Land Development Code to Resolve Residential Open Space Issue in the Agricultural Areas of Western St. Lucie County. Lands Amendments to the Comprehensive Plan and Land Development Code Board authorization to advertise the proposed Comprehensive Plan and Land Development Code text amendments. 4. Land Development Code Text Amendment - Permission to Advertise Board authorization to advertise the required public hearings for an amendment to the Land Development Code for the Jenkins Road Area Plan Special District. 5. Approve Budget Resolution to Accept FAA Reimbursement Funds Board approval of Budget Resolution No. 13-035 accepting the FAA Reimbursement and authorization for the Chairman to sign documents as approved by the County Attorney. 6. To Approve Work Authorization for Parallel Taxiway Connector Design and Construction Services Board approval of ATKINS Work Authorization No. 13 for design and bidding services for the St. Lucie County International Airport Parallel Runway Taxiway Connector Project for a lump sum cost of $347,783, and authorization for the Chairman to sign documents as approved by the County Attorney. 61Page BOCC ReGuiaR Meetrnr, lueUav, Arim, 2, 2013 6:00 Pnl 7. To Approve Second Amendment of Michael Baker Inc. Work Authorization No. 37 for Customs & Border Protection Facility Renovations Board approval of Michael Baker, Inc. Second Amendment to WA No. 37 for Professional Engineering and Design services for the St. Lucie County International Airport Customs & Border Protection (CBP) Facility Renovation Project for a revised lump sum cost of $230,967, an extension of time for completion to 9/30/2013, and authorization for the Chairman to sign documents as approved by the County Attorney. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. Oleander Avenue Business Park Culvert Replacement / Oleander Avenue Pipe Replacement Project Board approval to award Bid No. 13-031 to the lowest responsive and responsible bidder, Ag-Scape Services Inc. In the amount of $64,516, for the Oleander Avenue Business Park Culvert Replacement and authorization for the Chairman to sign documents as approved by the County Attorney. 2. St. Lucie County / FPUA Bulk Services Agreement Board approval for St. Lucie County to provide the Ft. Pierce Utilities Authority with fifteen years prior notice of the County's election to terminate the Bulk Services Agreement and for the County Administrator to send the attached letter. N. SHERIFF'S OFFICE There are no items scheduled. O. SUPERVISOR OF ELECTIONS 1. Budget Amendment to Include Federal Funds Board approval of a Resolution in the amount of $44,859.15 To amend the budget for the Federal Election Activity Agreement for FY 2012-2013. P. TRANSPORTATION PLANNING ORGANIZATION 1. Approval of the Federal Metropolitan Planning Grant Third Authorization for St. Lucie TPO Board approval of Federal Metropolitan Planning Grant third authorization for $436,718 on behalf of the St. Lucie TPO. 7 1 Page BOCC Re(aaaR Meet= tueDav, Aria 2, 2013 6:00 Pitt 2. Resolution - Approval of Federal Transit Administration Grant Board approval of Budget Resoulution in the amount of $91,839 to amend the County budget for receipt of FTA funds on behalf of the St. Lucie TPO. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. An Ordinance amending sections 1-14.5-21 "adoption" to provide for the adoption of a deferred compensation program; amending section 1-14.5-22 "administration" to change administrator from the national association of counties (NACO) and the public employees benefit services corporation (PEBSCO) to TIAA CREF and to provide for periodic review of the program by the deferred compensation committee and to further provide that the board of county commissioners may change the administrator by resolution Staff recommends that the Board adopt the Ordinance and authorize the Chairman to sign the Ordinance. 2. Ordinance f/k/a Ordinance No. 13-012 - Establishing procedures for processing requests for reasonable accommodation pursuant to Title II of the Americans with Disabilities Act and the Fair Housing Act from the County's unified Land Development Code. Staff recommends that the Board adopt the Ordinance f/k/a Ordinance No. 13-012 and authorize the Chairman to sign the Ordinance as drafted by the County Attorney. B. PLANNING & DEVELOPMENT SERVICES 1. A Resolution to Rezone from AR-1 to CO - Wright Professional Plaza located approximately 1/3 mile north of Midway Road on the west side of South 25th Street. Board Adoption of a Resolution approving an Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential - 1) to CO (Commercial, Office). 2. Large-scale Future Land Use Map Amendment (FLUMA) to Residential Estate (RE) Board approval to transmit the Ordinance to the State Department of Economic Opportunity for review and comment. BOCC ReGuiaR Meetrnr, tueUav, Arwi, 2, 2013 6:00 Pnl VIII. REGULAR AGENDA IX. ANNOUNCEMENTS 1. An Informal Meeting of the Sustainability District will be held on Tuesday, April 9, 2013 at 1:30 p.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 2. The April 16, 2013 Regular Board of County Commissioners meeting has been canceled due to the Board of County Commissioners Washington trip scheduled April 15th thru April 17th. 9 1 Page 6.A.1 03/22/13 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST US- 16-MAR-2013 TO 22-MAR-2013 FUND SUMMARY FUND TITLE EXPENSES PAGE PAYROLL 001 General Fund 902,401.92 0.00 001450 FCTD Planning Grant 237.50 0.00 001451 FDEM Emergency Preparedness FY 13 1,257.34 0.00 001452 DEM RCMP 2012-2013 10,487.86 0.00 001512 Neighborhood Stabilization Program 300.00 0.00 001538 HUD Neighborhood Stab 3 44,341.26 0.00 001546 HUD Shelter Plus Care Grant 528.07 0.00 001547 112 MPO FHWA Planning Grant 378.75 0.00 001548 Emergency Mgt Preparedness 2013 12,170.66 0.00 101 Transportation Trust Fund 3,337.71 0.00 101002 Transportation Trust/80% Constitut 31,088.33 0.00 101003 Transportation Trust/Local Option 46,079.26 0.00 101004 Transportation Trust/County Fuel Tx 23,532.57 0.00 102 Unincorporated Services Fund 951.87 0.00 102001 Drainage Maintenance MSTU 4,956.80 0.00 102812 Paradise Park Stormwater Ph 3 1,008.00 0.00 107 Fine & Forfeiture Fund 97,912.58 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 13,089.40 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 14,340.89 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 4,269.14 0.00 107005 F&F Fund -Legal. Aid 9,157.25 0.00 107006 F&F Fund -Court Related Technology 3,937.31 0.00 130102 FTA 5307-ARRA 2009 Capital Projects 290.16 0.00 130104 FTA 5317 New Freedom Enhanced Servi 12,572.85 0.00 130105 FTA 5307-2 2009 Cap & Oper 474.08 0.00 130107 FTA 5311 Block Grant 15,899.78 0.00 130109 FTA 5307 Capital and Operating 145.08 0.00 130113 FTA 5307 FY2011 62,265.27 0.00 130114 FTA 5307 FY 2013 161,750.97 0.00 130210 FDOT Block Grant 117,210.53 0.00 130214 FCTD Trip Grant 2012/2013 31,880.30 0.00 140 Airport Fund 8,009.29 0.00 140001 Port Fund 148.80 0.00 140370 Taylor Creek Dredging --Phase 2 2,882.00 0.00 140372 FDOT Term/Cus Fac Ren Phs 1 17,849.42 0.00 140373 Terminal/Customs Apron Rehab 77,610.98 0.00 160 Plan Maintenance RAF) Fund 341.50 0.00 162 Tourism Dev-5th Cent 7,632.08 0.00 183 Ct Administrator--19th Judicial Cir 4,693.00 0.00 183001 Ct Administrator-Arbitration/Mediat 80.00 0.00 183004 Ct Admin.- Teen Court 1,861.00 0.00 183006 Guardian Ad Litem Fund 21.61 0.00 190 Sports Complex Fund 34,358.98 0.00 310001 Impact Fees -Library 2,049.48 0.00 318 County Capital --Transportation Bond 2,712.00 0.00 362 Sports Complex Improv Fund 480.00 0.00 362300 FDOT Airport Terminal Renovations 7,803.04 0.00 401 Sanitary Landfill Fund 369,392.53 0.00 Cn H z 70 Packet Pg. 10 6.A.1 03/22/13 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LTST ##25- 16-MAR-2013 TO 22-MAR-2013 FUND SUMMARY FUND TITLE 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 458 SH Util-Renewal & Replacement Fund 471 No County Utility District-Operatin 478 No Cty Util Dist -Renewal & Replace 479 No Cty Util Dist -Capital Facilities 505 Health Insurance Fund 505001 Property/Casualty Insurance Fund 611 Tourist Development Trust-Adv Fund 625 Law Library GRAND TOTAL: EXPENSES 23,377.77 54,384.95 12,832.70 103,833.99 5,230.62 15,190.00 21,569.62 2,591.00 22,058.72 16,019.86 2,443,268.43 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 0.00 0.00 796.80 71 Packet Pg. 11 6.B.1 ITEM NO. RES-2013-51 DATE: 04/02/2013 COUNTY ` I ' A AGENDA REQUEST *PROCLAMATION S/PRESEN TATI O N S TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Proclamation Designating the Month of April 2013 as "National Child Abuse Prevention Month" BACKGROUND: It has been requested that this Board designate the month of April 2013 as "National Child Abuse Prevention Month" in St. Lucie County, Florida. The attached proclamation has been drafted for that purpose. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Fa —ye W. Outlaw, MPA � 10/ Zvl,; County Administrator, ICMA-CM Packet Pg. 12 6.B.1 Coordination/Signatures iani S. McIntyre, ou y Attorney 3/19/2013 Updated: 3/19/2013 3:04 PM by Brian Hurwitz Page 2 Packet Pg. 13 6.B.1.a RESOLUTION NO. A RESOLUTION DESIGNATING THE MONTH OF APRIL 2013 AS "NATIONAL CHILD ABUSE PREVENTION MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. For more than a century, Children's Home Society of Florida has upheld our legacy of protecting the lives of abused children and families. 2. Every 42 seconds a child suffers from abuse and neglect and Children's Home Society of Florida is here to change the story for a child in our community. 3. Children's Home Society of Florida, Treasure Coast Division, works diligently with United for Families and the Department of Children & Families to ensure that every child suffering from abuse has a brighter future and hope for a safe life. 4. Children who have suffered abuse or neglect are at least 25 percent more likely to experience problems such as delinquency, teen pregnancy, low academic achievement, drug use and mental health problems. 5. Children's Home Society of Florida, along with its community partners, embraces opportunities that can potentially change the waysociety caresfor children and youth. Act now to protect children in St. Lucie County. 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 April 2013 as "NATIONAL CHILD ABUSE PREVENTION MONTH" in St. Lucie County, Florida. 2. In honor of this event, this Board encourages community agencies, religious organizations, businesses and others to celebrate adoption, honor families that grow through adoption, further an awareness of the changes and issues in adoption, and focus attention on those children who live in the shadow of an uncertain future while they await forever families. PASSED AND DULY ADOPTED this 2nd day of April 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 14 ITEM NO. RES-2013-58 DATE: 04/02/2013 COUNTY ` I ' A AGENDA REQUEST *PROCLAMATION S/PRESEN TATI O N S TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Proclamation Designating the Month of April 2013 as "Child Abuse Prevention Month" as requested by CASTLE. BACKGROUND: Rossana Gonzalez, with CASTLE has requested that this Board designate the month of April 2013 as "Child Abuse Prevention Month" in St. Lucie County, Florida. The attached proclamation has been drafted for that purpose. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Fa -ye W. Outlaw, MPA 4/t5/LuIj County Administrator, ICMA-CM Packet Pg. 15 Coordination/Signatures Heather Young, Asst. County Attorney /26/2013 Updated: 3/26/2013 3:14 PM by Shane A. De Witt Page 2 Packet Pg. 16 6.B.2.a A RESOLUTION PROCLAIMING THE MONTH OF APRIL 2013 AS "CHILD ABUSE PREVENTION MONTH" AND CONGRATULATING CASTLE ON MORE THAN THREE DECADES OF SERVICE TO ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. National Child Abuse Prevention Month will be recognized throughout the United States during the month of April 2013. 2. Preventing child abuse and neglect is a community problem that depends on Involvement among people throughout the community. 3. Child maltreatment occurs when people find themselves in stressful situations, without community resources, and don't know how to cope. 4. During periods of economic challenges, families feel more vulnerable, and as a result, child abuse and neglect increases drastically. 5. Child abuse and neglect can be reduced by making sure each family has the support they need to raise their children in a healthy environment. 6. Child abuse is considered to be one of our nation's most serious public health problems with scientific studies documenting the link between the abuse and neglect of children and a wide range of medical, emotional, psychological and behavioral disorders. 7. All citizens should become involved in supporting families in raising their children in a safe and nurturing environment. 8. Effective child abuse prevention programs succeed because of partnerships created among state and local government agencies, schools, faith communities, civic organizations, law enforcement agencies, and the business community. 9. CASTLE of the Treasure Coast, incorporated in 1981 as the Exchange Club Center for the Prevention of Child Abuse of the Treasure Coast, Inc., was the first center in the country created for the sole purpose of bringing awareness to and breaking the cycle of child abuse, and has become the model for a network of over 100 such agencies throughout 27 states all working to win the battle against the devastating pain and lifelong results of child abuse. 10. CASTLE (which stands for Child Abuse Services, Training and Life Enrichment), through its support of parent aide programs, parenting classes, educational programs and community service activities, is making significant progress in stopping this crime against families and children. 11. CASTLE's mission is to prevent child abuse and neglect through education and awareness. 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 April 2013 as "CHILD ABUSE PREVENTION MONTH" in St. Lucie County, Florida. 2. This Board further congratulates CASTLE on its more than three decades of service in St. Lucie County, Florida and urges the citizens, community agencies, faith groups, medical facilities and businesses of St. Lucie County to increase their participation in CASTLE's efforts to support families, thereby preventing child abuse and strengthening our community. PASSED AND DULY ADOPTED this 2"d day of April, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM & CORRECTNESS: COUNTY ATTORNEY Packet Pg. 17 6.B.3 ITEM NO. RES-2013-52 DATE: 04/02/2013 COUNTY ` I ' A AGENDA REQUEST *PROCLAMATION S/PRESEN TATI O N S TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Proclamation designating April 6, 2013 as "Children's Day" and April 7, 2013 as "Parents and Children's Day" in St. Lucie County, Florida. BACKGROUND: Darlene Halvorsen with the Early Learning Center of St. Lucie County has requested that this Board proclaim April 6, 2013 as "Children's Day" and April 7, 2013 as "Parents and Children's Day" in St. Lucie County, Florida. The attached proclamation has been drafted for that purpose. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Fa -ye W. Outlaw, MPAA 4/8/2013 County Administrator, ICMA-CM Packet Pg. 18 Coordination/Signatures iani S. McIntyre, ou y Attorney 3/19/2013 Updated: 3/18/2013 10:43 AM by Carol Bishop Page 2 Packet Pg. 19 RESOLUTION 6.B.3.a A RESOLUTION PROCLAIMING APRIL 6, 2013 AS "CHILDREN'S DAY" IN ST. LUCIE COUNTY, FLORIDA AND APRIL 7, 2013 AS ""PARENTS' AND CHILDREN'S DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The 181h Annual Children's Week celebrating Parents' and Children will take place in Tallahassee from April 7, 2013 to April 12, 2013, bringing thousands of parents, children, professionals, policy makers, community leaders and concerned citizens together to share valuable knowledge and information about children's issues across the state and in our capital city. 2. The purpose of Children's Week is to create a shared vision of the State of Florida's commitment to its children and families and to engage a long-term process to develop and implement strategies for moving the shared vision forward. 3. Children's Week has teamed up with more than 100 leading statewide business and non-profit organizations and hundreds of local organizations to expand the network of community involvement and education on a wide array of children and family issues at the local level and conduct events and activities in January, February, March and April in all 67 counties focused on improving the health, safety and well- being of Florida's children and families. 4. Hundreds of local municipalities have officially proclaimed "CHILDREN'S DAY" and hosted hundreds of public events and activities for parents and children in their community. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim April 6, 2013, as "CHILDREN'S DAY" in St. Lucie County, Florida and April 7, 2013 as "PARENTS' AND CHILDREN'S DAY" in St. Lucie County, Florida. 2. Originally established as "Children's Day" in 1988, the 2002 Florida Legislature renamed this official, statewide Florida holiday as ""PARENTS' AND CHILDREN'S DAY" to more fully reflect support of the most important institution in Florida --the family. PASSED AND DULY ADOPTED this 2nd day of April, 2013. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 20 ITEM NO. RES-2013-53 DATE: 04/02/2013 COUNTY ` I ' A AGENDA REQUEST *PROCLAMATION S/PRESEN TATI O N S TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Proclamation Designating the Month of April 2013 as "Water Conservation Month". BACKGROUND: Gary Ritter, with South Florida Water Management District, has requested that this Board designate the month of April 2013 as "Water Conservation Month" in St. Lucie County, Florida. The attached proclamation has been drafted for that purpose. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Fa -ye W. Outlaw, MPA - 1 uj -- County Administrator, ICMA-CM Packet Pg. 21 Coordination/Signatures iani S. McIntyre, ou y Attorney 3/21/2013 Updated: 3/21/2013 8:11 AM by Carol Bishop Page 2 Packet Pg. 22 6.B.4.a RESOLUTION ARE SOLUTION PROCLAIMING THE MONTH OFAPRIL 2013 AS "WATER CONSERVATION MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Florida's natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the world; and clean and sustainable water resources are vital to Florida's environment, economy and quality of life. 2. More than ninety percent of Florida's drinking water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environment. 3. Floridians consume more than 7.9 billion gallons of fresh water per day, and the future of Florida depends greatly upon the availability of water. 4. South Florida residents consume 179 gallons per person per day - the highest water usage in the state. 5. The State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment. 6. Water conservation can cost as little as 6 cents to 72 cents per 1,000 gallons of water saved, while the cost of constructing alternative water supply facilities may exceed $7.00 per 1,000 gallons of water created. 7. All water users including commercial, industrial, agricultural, institutional, hospitality, private citizens and others can make positive contributions to reduce water use and protect Florida's water resources. 8. The South Florida Water Management District is implementing a Comprehensive Water Conservation Program to instill a lasting culture of conservation in our communities. 9. The Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious water resources. 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 April 2013, as "WATER CONSERVATION MONTH" in St. Lucie County, Florida. 2. This Board urges the citizens and businesses of St. Lucie County to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. PASSED AND DULY ADOPTED this 2"d day of April, 2013. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 23 6.B.5 ITEM NO. RES-2013-61 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Daniel S. McIntyre, County Attorney County Attorney DATE: 04/02/2013 *CONSENT AGENDA\COUNTY ATTORNEY Proclamation designating April 19, 2013 as "Patriot's Day" in St. Lucie County, Florida. It has been requested that this Board proclaim April 19, 2013 as "Patriot's Day" in St. Lucie County, Florida. The attached proclamation has been drafted for that purpose. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Fa —ye W. Outlaw, MPA � 10/ Zvl,; County Administrator, ICMA-CM Packet Pg. 24 6.B.5 Coordination/Signatures iani S. McIntyre, ou y Attorney 3/22/2013 Updated: 3/22/2013 4:22 PM by Carol Bishop Page 2 Packet Pg. 25 6.B.5.a A RESOLUTION PROCLAIMING APRIL 19, 2013 AS "PATRIOT'S DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. Late in the evening of April 18, 1775, three men went to the Old North Church in Boston, Sexton of the Church Robert Newman, and at least two members of the Sons of Liberty Captain John Pulling and Captain Thomas Barnard. 2. Captain John Pulling, a vestryman of the church, demanded the keys to the church from Robert Newman and Newman gave the keys to him. 3. It is unknown who actually held the lanterns in the belfry, but the act of Robert Newman giving the church keys to Captain John Pulling saved Newman when he was arrested the following day. 4. At least four men were waiting for the signal, the Sons of Liberty knew the British Orders: go to Lexington and arrest John Hancock and Samuel Adams for Treason, continue on to Concord and destroy a cache of arms stored there. 5. The men we know that were waiting to ride were Paul Revere, William Dawes, Dr. Samuel Prescott and Richard Devens. There were probably more either spaced along the main routes out of Boston and or waiting with the four we know. They rode in the night stopping to notify leaders of the Sons of Liberty, members of Committees of Safety and Captains of local militias. 6. In the morning there would be thousands of armed citizens gathered on village greens from Portsmouth, New Hampshire, south to Providence, Rhode Island and west to Worcester, Massachusetts, and Hartford, Connecticut. The most famous would be at Lexington, Massachusetts where on the green the shot heard around the world was fired and the second most the bridge at Concord, where the British were turned back to Boston. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that this Board does hereby recognize the men who risked everything so that we could be free, and proclaims April 19, 2013 as "PATRIOT'S DAY" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 2nd day of April, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 26 ITEM NO. (ID # 1167) J COUNTY ` R I ID A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Heather Young, Asst. County Attorney SUBMITTED BY: County Attorney DATE: 04/02/2013 *CONSENT AGENDA\COUNTY ATTORNEY SUBJECT: Madison Vines, LLC - Subordination Agreement with PNC Bank, National Association BACKGROUND: On April 27, 2010, the Board of County Commissioners approved a mortgage and related documents for the Madison Vines, LLC affordable multi -family rental community located at 4262 Oleander Avenue. As part of the 2008 Universal Cycle of the Florida Housing Finance Corporation tax credit program, the County encumbered one fifty thousand and 00/100 dollars ($150,000.00) from SHIP funds for the project. These funds were secured by the promissory note and mortgage which provide for the loan to be repaid over thirty (30) years. Primary funding for the project was provided by the Florida Housing Finance Corporation through a loan in the amount of ten million eight hundred thirty-seven thousand five hundred and 00/100 dollars ($10,837,500.00) and a loan from PNC Bank, N.A. in the amount of one million seven hundred eighteen and 00/100 dollars ($1,718,000.00). In conjunction with the conversion from interim construction financing to a permanent loan, PNC has requested the County enter into a Subordination Agreement. Staff has reviewed the Subordination Agreement and finds it acceptable as to legal form and correctness. PREVIOUS ACTION: On April 27, 2010, the Board of County Commissioners approved a mortgage and related documents for the Madison Vines, LLC affordable multi -family rental community located at 4262 Oleander Avenue. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Subordination Agreement with PNC Bank, National Association, for the Madison Vines, LLC project, and authorize the Chairman to sign the Subordination Agreement. COMMISSION ACTION: Packet Pg. 27 s.B.s RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coord i nation / Sig natures Heather Young, Asst. County Attorney /26/2013 Updated: 3/26/2013 8:28 AM by Stephanie Bush A Page 2 Packet Pg. 28 6.B.6.a DRAFT 02/22/13 Freddie Mac Loan No. 534396674 Madison Vines Senior Apartments SUBORDINATION AGREEMENT [Municipal Debt — Non -Bond Form] (St. Lucie County, Florida) THIS SUBORDINATION AGREEMENT (this "Agreement") is entered into this day of April, 2013, by and between (i) PNC BANK, NATIONAL ASSOCIATION, a national banking association (the "Senior Lender"), and (ii) ST. J LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the a "Subordinate Lender"). > r_ 0 RECITALS =a 0 A. Madison Vines, LLC, a Florida limited liability company (the "Borrower") is the owner of certain land located in St. Lucie County, Florida, described in Exhibit A hereto (the "Land"). The Land is currently improved with a multifamily housing project (the "Improvements"). B. The Senior Lender has made or is making a loan to the Borrower in the ; original principal amount of $1,718,000.00. The loan is or will be secured by 0 a Multifamily Mortgage, Assignment of Rents and Security Agreement dated as of the date hereof (the "Senior Mortgage") encumbering the Land and Improvements and other "Mortgaged Property" (as defined in the Senior J Mortgage). co C. The Subordinate Lender has made or is making a loan to the Borrower in the original principal amount of $150,000.00. The loan is or will be secured by a [mortgage/deed of trust] dated April 29, 2010 (the "Subordinate Mortgage") encumbering the Land and Improvements. D. The Senior Mortgage is intended to be recorded in the Records of St. Lucie County, Florida ("Recording Offices"). The Subordinate Mortgage is recorded in the Recording Offices in Official Records Book 3192, Page 443. E. The execution and delivery of this Agreement is a condition of Senior Lender's making of the Senior Mortgage loan. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Packet Pg. 29 6.B.6.a 1. DEFINITIONS. The following terms, when used in this Agreement (including, as appropriate, when used in the above recitals), shall have the following meanings. (a) The terms "'Condemnation", "Impositions", "'Leases", "Rents", "Restoration" and ""Transfer", as well as any term used in this Agreement and not otherwise defined in this Agreement, shall have the meanings given to those terms in the Senior Mortgage. (b) "Bankruptcy Proceeding" means any bankruptcy, reorganization, insolvency, composition, restructuring, dissolution, liquidation, receivership, assignment for the benefit of creditors, or custodianship action or proceeding under any federal or state law with respect to the Borrower, any guarantor of any of the Senior Indebtedness, any of their respective properties, or any of their respective partners, members, officers, directors, or shareholders. (c) "Borrower" means all persons or entities identified as "Borrower" in y the first paragraph of this Agreement, together with their successors and assigns, and any other person or entity who acquires title to the Land and Improvements after the date of this Agreement; provided ti that the term "Borrower" shall not include the Senior Lender in the event that the Senior Lender may acquire title to the Land and Improvements. (d) "Casualty" means the occurrence of damage to or loss of any of the c 0 Mortgaged Property by fire or other casualty. U (e) "Enforcement Action" means the acceleration of all or any part of the Subordinate Indebtedness, the advertising of or commencement of any foreclosure or trustee's sale proceedings, the exercise of any U) power of sale, the acceptance of a deed or assignment in lieu of foreclosure or sale, the collecting of Rents, the obtaining of or seeking E of the appointment of a receiver, the seeking of default interest, the taking of possession or control of any of the Mortgaged Property, the a commencement of any suit or other legal, administrative, or arbitration proceeding based upon the Subordinate Note or any other of the 2 Subordinate Loan Documents, the exercising of any banker's lien or rights of set-off or recoupment, or the taking of any other enforcement 2 action against the Borrower, any other party liable for any of the Subordinate Indebtedness or obligated under any of the Subordinate �° Loan Documents, or the Mortgaged Property. , (f) "Enforcement Action Notice" means a written notice from the Subordinate Lender to the Senior Lender, given following a Subordinate Mortgage Default and the expiration of any notice or cure periods provided for such Subordinate Mortgage Default in the Subordinate Loan Documents, setting forth in reasonable detail the Enforcement Action proposed to be taken by the Subordinate Lender. Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 2 Packet Pg. 30 6.B.6.a (g) `Loss Proceeds" means all monies received or to be received under any insurance policy, from any condemning authority, or from any other source, as a result or any Condemnation or Casualty. (h) "Restrictive Covenant" means the Declaration of Restrictive Covenants, April 23, 2010 and recorded in the Recording Offices in Official Records Book 3192, Page 636. "'Senior Indebtedness" means the "Indebtedness" as defined in the Senior Mortgage. (j) "'Senior Lender" means the "Lender" as defined in the Senior Mortgage. When any other person or entity becomes the legal holder of the 'Note" (as defined in the Senior Mortgage), such other person or entity automatically shall become the Senior Lender. (k) "Senior Loan Documents" means the "Loan Documents" as defined in the Senior Mortgage. (1) "Senior Mortgage Default" means any act, failure to act, event, condition, or occurrence which constitutes, or which with the giving of notice or the passage of time, or both, would constitute, an "Event of Default" as defined in the Senior Mortgage. (m) "Subordinate Indebtedness" means all sums evidenced or secured or guaranteed by, or otherwise due and payable to the Subordinate Lender pursuant to, the Subordinate Loan Documents. (n) "Subordinate Lender" means the person or entity named as such in the first paragraph of this Agreement and any other person or entity who becomes the legal holder of the Subordinate Note after the date of this Agreement. (o) "Subordinate Loan Documents" means the Subordinate Mortgage, the Subordinate Note, the Restrictive Covenant and all other documents at any time evidencing, securing, guaranteeing, or otherwise delivered in connection with the Subordinate Indebtedness, as the same may be amended from time to time. (p) "'Subordinate Mortgage Default" means any act, failure to act, event, condition, or occurrence which allows (but for any contrary provision of this Agreement), or which with the giving of notice or the passage of time, or both, would allow (but for any contrary provision of this Agreement), the Subordinate Lender to take an Enforcement Action. (q) "'Subordinate Note" means the promissory note or other evidence of the Subordinate Indebtedness referred to in the Subordinate Mortgage and any replacement thereof. Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 3 c 0 U 2 J Packet Pg. 31 6.B.6.a 2. SUBORDINATION OF SUBORDINATE INDEBTEDNESS. (a) The Subordinate Indebtedness is and shall at all times continue to be subject and subordinate in right of payment to the prior payment in full of the Senior Indebtedness. (b) Until the occurrence of a Senior Mortgage Default, the Subordinate Lender shall be entitled to retain for its own account all payments made on account of the principal of and interest on the Subordinate Indebtedness in accordance with the requirements of the Subordinate Loan Documents; provided no such payment is made more than ten (10) days in advance of the due date thereof. However, immediately upon the Subordinate Lender's receipt of notice or actual knowledge of a Senior Mortgage Default, the Subordinate Lender will not accept any payments on account of the Subordinate Indebtedness, and the provisions of Section 2(c) of this Agreement shall apply. The Subordinate Lender acknowledges that a Subordinate Mortgage Default constitutes a Senior Mortgage Default. Accordingly, upon the occurrence of a Subordinate Mortgage Default, the Subordinate Lender shall be deemed to have actual knowledge of a Senior Mortgage Default. (c) If (i) the Subordinate Lender receives any payment, property, or asset of any kind or in any form on account of the Subordinate Indebtedness (including, without limitation, any proceeds from any Enforcement Action) after a Senior Mortgage Default of which the Subordinate C Lender has actual knowledge or has been given notice, or (ii) the 0 Subordinate Lender receives, voluntarily or involuntarily, by operation of law or otherwise, any payment, property, or asset in or in connection with any Bankruptcy Proceeding, such payment, property, _J or asset will be received and held in trust for the Senior Lender. The Subordinate Lender will promptly remit, in kind and properly endorsed U) as necessary, all such payments, properties, and assets to the Senior Lender. The Senior Lender shall apply any payment, asset, or E property so received from the Subordinate Lender to the Senior Indebtedness in such order, amount (with respect to any asset or a property other than immediately available funds), and manner as the C Senior Lender shall determine in its sole and absolute discretion. The g Subordinate Lender hereby designates and appoints, irrevocably and coupled with an interest, the Senior Lender (and all persons and �a entities designated by the Senior Lender) as the Subordinate Lender's 0 true and lawful attorney -in -fact with power to endorse the name of the Subordinate Lender upon any check or other instrument and to take , any action necessary to collect any payment, property, or asset referred to in, or otherwise to effectuate the provisions of, this Section 2(c). > 0 (d) Without limiting the complete subordination of the Subordinate a Indebtedness to the payment in full of the Senior Indebtedness, in any Bankruptcy Proceeding, upon any payment or distribution (whether in cash, property, securities, or otherwise) to creditors (i) the Senior Indebtedness shall first be paid in full in cash before the Subordinate E Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 4 Packet Pg. 32 6.B.6.a Lender shall be entitled to receive any payment or other distribution on account of or in respect of the Subordinate Indebtedness, and (ii) until all of the Senior Indebtedness is paid in full in cash, any payment or distribution to which the Subordinate Lender would be entitled but for this Agreement (whether in cash, property, or other assets) shall be made to the Senior Lender. (e) The subordination of the Subordinate Indebtedness shall continue in the event that any payment under the Senior Loan Documents (whether by or on behalf of the Borrower, as proceeds of security or enforcement of any right of set-off or otherwise) is for any reason repaid or returned to the Borrower or its insolvent estate, or avoided, set aside or required to be paid to the Borrower, a trustee, receiver or other similar party under any bankruptcy, insolvency, receivership or similar law. In such event, the Senior Indebtedness or part thereof originally intended to be satisfied shall be deemed to be reinstated and outstanding to the extent of any repayment, return, or other action, as if such payment on account of the Senior Indebtedness had not been made. 3. SUBORDINATION OF SUBORDINATE LOAN DOCUMENTS. (a) The Subordinate Mortgage and each of the other Subordinate Loan Documents are, and shall at all times remain, subject and subordinate in all respects to the liens, terms, covenants, conditions, operations, and effects of the Senior Mortgage and each of the other Senior Loan Documents. o U (b) The subordination of the Subordinate Loan Documents and of the 3 Subordinate Indebtedness shall apply and continue notwithstanding (i) _J the actual date and time of execution, delivery, recording, filing or perfection of the Senior Mortgage and other Senior Loan Documents and of the Subordinate Mortgage and other Subordinate Loan Documents, and (ii) the availability of any collateral to the Senior E Lender, including the availability of any collateral other than the Mortgaged Property. (c) By reason of, and without in any way limiting, the full subordination of the Subordinate Indebtedness and the Subordinate Loan Documents provided for in this Agreement, all rights and claims of the Subordinate Lender under the Subordinate Mortgage or under the Subordinate Loan Documents in or to the Mortgaged Property or any portion thereof, the proceeds thereof, the Leases thereof, the Rents, issues and profits therefrom, and the Loss Proceeds payable with respect thereto, are expressly subject and subordinate in all respects to the rights and claims of the Senior Lender under the Senior Loan Documents in and to the Mortgaged Property or any portion thereof, the proceeds thereof, the Leases thereof, the Rents, issues and profits therefrom, and the Loss Proceeds payable with respect thereto. (d) If the Subordinate Lender, by indemnification, subrogation or otherwise, shall acquire any lien, estate, right or other interest in any Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 5 Packet Pg. 33 6.B.6.a of the Mortgaged Property, that lien, estate, right or other interest shall be fully subject and subordinate to the receipt by the Senior Lender of payment in full of the Senior Indebtedness, and to the Senior Loan Documents, to the same extent as the Subordinate Indebtedness and the Subordinate Loan Documents are subordinate pursuant to this Agreement. (e) In confirmation, and not as a condition, of the subordination of the Subordinate Indebtedness and the Subordinate Loan Documents provided for in this Agreement, the Subordinate Lender shall place on or attach to the Subordinate Note the following notice, and shall provide the Senior Lender with a copy of the Subordinate Note showing such notice: "The right of the holder of this promissory note to payment of any of the indebtedness evidenced by this promissory note is and shall at all times be subordinate to the right of the holder of that '> certain Multifamily Note dated April , 2013 from the maker of r_ this promissory note to the order of Federal Home Loan Mortgage y Corporation (the "Senior Note"), to payment in full of the � indebtedness evidenced by the Senior Note. The foregoing subordination is pursuant to a Subordination Agreement dated as of April , 2013 between PNC Bank, National Association and the holder on the date of the Subordination Agreement of this promissory note." 4. ADDITIONAL REPRESENTATIONS AND COVENANTS. c 'o U (a) The Subordinate Lender represents and warrants that (i) the Subordinate Lender is now the owner and holder of the Subordinate _J Loan Documents; (ii) the Subordinate Loan Documents are now in full force and effect; (c) the Subordinate Loan Documents have not been modified or amended; (iv) no Subordinate Mortgage Default has U) occurred, (v) the current principal balance of the Subordinate E Indebtedness is $ (vi) no scheduled monthly payments under the Subordinate Note have been or will be prepaid; and (vii) a none of the rights of the Subordinate Lender under any of the Subordinate Loan Documents are subject to the rights of any third 2 parties, by way of subrogation, indemnification or otherwise. (b) Without the prior written consent of the Senior Lender in each instance, the Subordinate Lender shall not (i) amend, modify, waive, extend, renew or replace any provision of any of the Subordinate Loan Documents, or (ii) pledge, assign, transfer, convey, or sell any interest in the Subordinate Indebtedness or any of the Subordinate Loan Documents; or (iii) accept any payment on account of the Subordinate Indebtedness other than a regularly scheduled payment of interest or principal and interest made not earlier than ten (10) days prior to the due date thereof, or as expressly authorized in Section 4(i); or (iv) take any action which has the effect of increasing the Subordinate Indebtedness, or (v) appear in, defend or bring any action to protect the Subordinate Lender's interest in the Mortgaged Property, or (vi) Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 6 Packet Pg. 34 6.B.6.a take any action concerning environmental matters affecting the Mortgaged Property. (c) The Subordinate Lender shall deliver to the Senior Lender a copy of each notice received or delivered by the Subordinate Lender pursuant to the Subordinate Loan Documents or in connection with the Subordinate Indebtedness, simultaneously with the Subordinate Lender's delivery or receipt of such notice. The Senior Lender shall deliver to the Subordinate Lender a copy of each notice of a Senior Mortgage Default delivered by the Senior Lender, simultaneously with the Senior Lender's delivery of such notice. Neither giving nor failing to give a notice to the Senior Lender or Subordinate Lender pursuant to this Section 4(c) shall affect the validity of any notice given by the Senior Lender or Subordinate Lender to the Borrower, as between the Borrower and such of the Senior Lender or the Subordinate Lender as provided the notice to the Borrower. (d) Without the prior written consent of the Senior Lender in each c instance, the Subordinate Lender will not commence, or join with any y other creditor in commencing, any Bankruptcy Proceeding. In the event of a Bankruptcy Proceeding, the Subordinate Lender shall not vote affirmatively in favor of any plan of reorganization or liquidation ti unless the Senior Lender has also voted affirmatively in favor of such plan. In the event of any Bankruptcy Proceeding, the Subordinate Lender shall not contest the continued accrual of interest on the Senior Indebtedness, in accordance with and at the rates specified in the C Senior Loan Documents, both for periods before and for periods after the commencement of such Bankruptcy Proceedings. c0 (e) Whenever the Subordinate Loan Documents give the Subordinate _J Lender approval or consent rights with respect to any matter, and a CO right of approval or consent with regard to the same or substantially the same matter is also granted to the Senior Lender pursuant to the Senior Loan Documents or otherwise, the Senior Lender's approval or E consent or failure to approve or consent, as the case may be, shall be binding on the Subordinate Lender. None of the other provisions of a this Section 4 are intended to be in any way in limitation of the C provisions of this Section 4(e). o (f) All requirements pertaining to insurance under the Subordinate Loan Documents (including requirements relating to amounts and types of coverages, deductibles and special endorsements) shall be deemed satisfied if the Borrower complies with the insurance requirements under the Senior Loan Documents. All original policies of insurance required pursuant to the Senior Loan Documents shall be held by the Senior Lender. Nothing in this Section 4(f) shall preclude the Subordinate Lender from requiring that it be named as a Lender and loss payee, as its interest may appear, under all policies of property damage insurance maintained by the Borrower with respect to the Mortgaged Property, provided such action does not affect the priority of payment of Proceeds, or that the Subordinate Lender be named as Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 7 Packet Pg. 35 6.B.6.a an additional insured under all policies of liability insurance maintained by the Borrower with respect to the Mortgaged Property. (g) In the event of a Condemnation or a Casualty, the following provisions shall apply: (i) the rights of the Subordinate Lender (under the Subordinate ` Loan Documents or otherwise) to participate in any proceeding .2 or action relating to a Condemnation or a Casualty, or to participate or join in any settlement of, or to adjust, any claims resulting from a Condemnation or a Casualty, shall be and �° remain subordinate in all respects to the Senior Lender's rights under the Senior Loan Documents with respect thereto, and the U Subordinate Lender shall be bound by any settlement or J adjustment of a claim resulting from a Condemnation or a Casualty made by the Senior Lender; (ii) all Loss Proceeds shall be applied either to payment of the costs c and expenses of Restoration or to payment on account of the y Senior Indebtedness, as and in the manner determined by the Senior Lender in its sole discretion; (iii) in the event the Senior Lender applies or releases Loss Proceeds ti for the purposes of Restoration of the Mortgaged Property, the Subordinate Lender shall release for such purpose all of its right, title and interest, if any, in and to such Loss Proceeds. If the Senior Lender holds Loss Proceeds, or monitors the disbursement thereof, the Subordinate Lender shall not do so. c0 Nothing contained in this Agreement shall be deemed to require 3 the Senior Lender to act for or on behalf of the Subordinate _J Lender in connection with any Restoration or to hold or monitor any Loss Proceeds in trust for or otherwise on behalf of the Subordinate Lender, and all or any Loss Proceeds may be commingled with any funds of the Senior Lender; and E (iv) if the Senior Lender elects to apply Loss Proceeds to payment on account of the Senior Indebtedness, and if the application of such Loss Proceeds results in the payment in full of the entire Senior Indebtedness, any remaining Loss Proceeds held by the Senior Lender shall be paid to the Subordinate Lender unless another party has asserted a claim to the remaining Loss Proceeds. (h) The Subordinate Lender shall enter into recognition and non - disturbance agreements with any tenants under commercial or retail Leases to whom the Senior Lender has granted recognition and non - disturbance, on the same terms and conditions given by the Senior Lender. (i) Except as provided in this Section 4(i), and regardless of any contrary provision in the Subordinate Loan Documents, the Subordinate Lender shall not collect payments for the purpose of escrowing for any cost or Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 8 Packet Pg. 36 6.B.6.a expense related to the Mortgaged Property or for any portion of the Subordinate Indebtedness. However, if the Senior Lender is not collecting escrow payments for one or more Impositions, the Subordinate Lender may collect escrow payments for such Impositions; provided that all payments so collected by the Subordinate Lender shall be held in trust by the Subordinate Lender to be applied only to the payment of such Impositions. (j) Within ten (10) days after request by the Senior Lender, the Subordinate Lender shall furnish the Senior Lender with a statement, duly acknowledged and certified setting forth the then -current amount and terms of the Subordinate Indebtedness, that there exists no default under the Subordinate Loan Documents (or describing any default that does exist), and such other information with respect to the Subordinate Indebtedness as the Senior Lender may request. (k) The Senior Lender may waive, postpone, extend, reduce or otherwise > modify any provisions of the Senior Loan Documents without the necessity of obtaining the consent of or providing notice to the y Subordinate Lender, and without affecting any of the provisions of this Agreement. Notwithstanding the forgoing, Senior Lender may not modify any provisions of the Senior Loan Documents that increases the ti Senior Indebtedness, except for increases in the Senior Indebtedness that results from advances made by Senior Lender to protect the security or lien priority of Senior Lender under the Senior Loan Documents or to cure defaults under the Subordinate Loan Documents. o U 5. DEFAULT UNDER LOAN DOCUMENTS. a� J (a) For a period of ninety (90) days following delivery of an Enforcement Action Notice given by the Subordinate Lender as a consequence of the Subordinate Mortgage Default, the Senior Lender shall have the right to cure any Subordinate Mortgage Default, provided if such E Subordinate Mortgage Default is not capable of being cured within such a ninety (90) days period and Senior Lender has commenced and is a diligently pursuing such cure to completion, such additional period of time as may be required to cure such Subordinate Mortgage Default or until such time, if ever, as the Senior Lender's delivery to the Subordinate Lender of written consent to an Enforcement Action described in an Enforcement Action Notice given by the Subordinate 0 Lender as a consequence of the Subordinate Mortgage Default. The Senior Lender shall not have any obligation whatsoever to cure any , Subordinate Mortgage Default. The Senior Lender shall not be subrogated to the rights of the Subordinate Lender under the Subordinate Loan Documents by reason of the Senior Lender having > cured any Subordinate Mortgage Default. However, the Subordinate o Lender acknowledges that all amounts advanced or expended by the Senior Lender in accordance with the Senior Loan Documents to cure a Subordinate Mortgage Default shall be added to and become a part of the Senior Indebtedness under Section 12 of the Senior Mortgage and shall be secured by the lien of, the Senior Mortgage. E Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 9 Packet Pg. 37 6.B.6.a (b) The Senior Lender shall deliver to the Subordinate Lender a notice within five business days in each case where the Senior Lender has given notice to the Borrower of a Senior Mortgage Default. Failure of the Senior Lender to send notice to the Subordinate Lender shall not prevent the exercise of the Senior Lender's rights and remedies under the Senior Mortgage Documents, subject to the provisions of this a Agreement. The Subordinate Lender shall have the right, but not the c obligation, to cure any such Senior Mortgage Default within 30 days W following the date of such notice; provided, however, that the Senior Lender shall be entitled during such 30-day period to continue to pursue its remedies under the Senior Mortgage Documents. Subordinate 0 Lender may have up to 90 days from the date of the notice to cure a non -monetary default if during such 90-day period Subordinate Lender U keeps current all payments required by the Senior Mortgage Documents. � In the event that such a non -monetary default creates an unacceptable level of risk relative to the Mortgaged Property, or Senior Lender's secured position relative to the Mortgaged Property, as determined by '> Senior Lender in its sole discretion, then Senior Lender may exercise c during such 90-day period all available rights and remedies to protect AA and preserve the Mortgaged Property and the rents, revenues and other proceeds from the Mortgaged Property. All amounts paid by the Subordinate Lender to the Senior Lender to cure a Senior Mortgage Default shall be deemed to have been advanced by the Subordinate Lender pursuant to, and shall be secured by the lien of, the Subordinate Mortgage. (c) In the event of a Subordinate Mortgage Default, the Subordinate c Lender will not commence any Enforcement Action until after the ) expiration of a period of ninety (90) days after the Subordinate Lender has given the Senior Lender an Enforcement Action Notice with respect _J to such Enforcement Action, provided that during such 90 day period, the Subordinate Lender shall be entitled to seek specific performance CO to enforce covenants and agreements of the Borrower relating to income, rent, or affordability restrictions contained in the Restrictive E Covenant subject to Senior Lender's right to cure a Subordinate a Mortgage Default set forth in Section 5(a). Subordinate Mortgage may a not commence any other Enforcement Action, including but not limited to any foreclosure action under the Subordinate Loan Documents, until the earlier of (A) the expiration of such ninety (90) day period or; (B) the delivery by Senior Lender to the Subordinate Lender of the Senior �a Lender's written consent to such Enforcement Action by the 0 Subordinate Lender. The Subordinate Lender acknowledges that the Senior Lender may grant or refuse consent to the Subordinate , Lender's Enforcement Action in the Senior Lender's sole and absolute discretion, and that such discretion may be exercised in an arbitrary manner. At the expiration of such ninety (90) day period, subject to > Senior Lender's right to cure set forth in Section 5(a), Subordinate Lender may commence any Enforcement Action. Any Enforcement o T Action on the part of the Subordinate Lender shall be subject to the provisions of this Agreement. The Subordinate Lender acknowledges that the provisions of this Section 5(c) are fair and reasonable under the circumstances, that the Subordinate Lender has received a E Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 10 Packet Pg. 38 6.B.6.a substantial benefit from the Senior Lender having granted its consent to the Subordinate Mortgage, and that the Senior Lender would not have granted such consent without the inclusion of these provisions in this Agreement. (d) The Senior Lender may pursue all rights and remedies available to it under the Senior Loan Documents, at law, or in equity, regardless of any Enforcement Action Notice or Enforcement Action by the Subordinate Lender. No action or failure to act on the part of the Senior Lender in the event of a Subordinate Mortgage Default or commencement of an Enforcement Action shall constitute a waiver on the part of the Senior Lender of any provision of the Senior Loan Documents or this Agreement. (e) In the event that the Enforcement Action taken by the Subordinate Lender is the appointment of a receiver for any of the Mortgaged Property, all of the rents, issues, profits and proceeds collected by the receiver shall be paid and applied by the receiver solely to and for the benefit of the Senior Lender until the Senior Indebtedness shall have been paid in full. (f) The Subordinate Lender hereby expressly consents to and authorizes ti the release by the Senior Lender of all or any portion of the Mortgaged Property from the lien, operation, and effect of the Senior Loan Documents. The Subordinate Lender hereby expressly consents to and authorizes the release by the Senior Lender of all or any portion of C the Mortgaged Property from the lien, operation, and effect of the 0 Senior Loan Documents. The Subordinate Lender hereby waives to the fullest extent permitted by law, all equitable or other rights it may have (i) in connection with any release of any portion of the Mortgaged Property, (ii) to require the separate sales of any portion of the CO Mortgaged Property or to require the Senior Lender to exhaust its remedies against any portion of the Mortgaged Property or any combination of portions of the Mortgaged Property or any other E collateral for the Senior Indebtedness, or (iii) to require the Senior Lender to proceed against the Borrower, any other party that may be a liable for any of the Senior Indebtedness (including any general C partner of the Borrower if the Borrower is a partnership), any portion 2 of the Mortgaged Property or combination of portions of the Mortgaged Property or any other collateral, before proceeding against all or such portions or combination of portions of the Mortgaged Property as the Senior Lender determines. The Subordinate Lender hereby expressly �° consents to and authorizes, at the option of the Senior Lender, the , sale, either separately or together, of all or any portion of the Mortgaged Property. The Subordinate Lender acknowledges that without notice to the Subordinate Lender and without affecting any of > the provisions of this Agreement, the Senior Lender may (i) extend the `o time for or waive any payment or performance under the Senior Loan T Documents; (ii) modify or amend in any respect any provision of the Senior Loan Documents; and (iii) modify, exchange, surrender, release and otherwise deal with any additional collateral for the Senior Indebtedness. E Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 11 Packet Pg. 39 6.B.6.a (g) If any party other than the Borrower (including the Senior Lender) acquires title to any of the Mortgaged Property pursuant to a foreclosure of, or trustee's sale or other exercise of any power of sale under, the Senior Mortgage conducted in accordance with applicable law, the lien, operation, and effect of the Subordinate Mortgage and other Subordinate Loan Documents automatically shall terminate with respect to such Mortgaged Property. 6. MISCELLANEOUS PROVISIONS (a) In the event of any conflict or inconsistency between the terms of the Subordinate Loan Documents and the terms of this Agreement, the terms of this Agreement shall control. (b) This Agreement shall be binding upon and shall inure to the benefit of the respective legal successors and assigns of the parties hereto. (c) This Agreement does not constitute an approval by the Senior Lender of the terms of the Subordinate Loan Documents. (d) Each notice, request, demand, consent, approval or other communication (collectively, "notices", and singly, a "notice") which is � required or permitted to be given pursuant to this Agreement shall be in writing and shall be deemed to have been duly and sufficiently given if (i) personally delivered with proof of delivery thereof (any notice so delivered shall be deemed to have been received at the time so delivered), or (ii) sent by a national overnight courier service (such as G Fed Ex) designating earliest available delivery (any notice so delivered shall be deemed to have been received on the next business day 3 following receipt by the courier), or (c) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice so sent shall be deemed to have been received on a the date of delivery as confirmed by the return receipt), addressed to E the respective parties as follows: (i) Notices intended for the Senior Lender shall be addressed to the a address set forth in the Senior Mortgage for notices to the 2 Senior Lender. (i i) Notices intended for the Subordinate Lender shall be addressed to: St. Lucie County, Florida 2300 Virginia Avenue Ft. Pierce, Florida 34982 Any party, by notice given pursuant to this Section, may change the person or persons and/or address or addresses, or designate an additional person or persons or an additional address or addresses, for its notices, but notice of a change of address shall only be effective Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 12 Packet Pg. 40 6.B.6.a upon receipt. Neither party shall refuse or reject delivery of any notice given in accordance with this Section. (e) Nothing herein or in any of the Senior Loan Documents or Subordinate Loan Documents shall be deemed to constitute the Senior Lender as a joint venturer or partner of the Subordinate Lender. (f) Upon notice from the Senior Lender from time to time, the Subordinate Lender shall execute and deliver such additional Instruments and documents, and shall take such actions, as are required by the Senior Lender in order to further evidence or effectuate the provisions and intent of this Agreement. (g) This Agreement shall be governed by the laws of the State in which the Land is located. (h) If any one or more of the provisions contained in this Agreement, or > any application thereof, shall be invalid, illegal or unenforceable in any c respect, the validity, legality and enforceability of the remaining y provisions contained herein, and any other application thereof, shall not in any way be affected or impaired thereby. (i) The term of this Agreement shall commence on the date hereof and ti shall continue until the earliest to occur of the following events: (i) the payment of all of the Senior Indebtedness; provided that this Agreement shall be reinstated in the event any payment on account of C the Senior Indebtedness is avoided, set aside, rescinded or repaid by the Senior Lender as described in Section 2(e) hereof, (ii) the payment c0 of all of the Subordinate Indebtedness other than by reason of payments which the Subordinate Lender is obligated to remit to the _J Senior Lender pursuant to this Agreement, (iii) the acquisition by the Senior Lender or by a third party purchaser, of title to the Land and CO Improvements pursuant to a foreclosure of, or trustee's sale or other exercise of a power of sale under, the Senior Mortgage; or (iv) without E limiting the provisions of Section 5(d), the acquisition by the Subordinate Lender, with the prior written consent of the Senior a Lender, of title to the Land and Improvements subject to the Senior C Mortgage pursuant to a foreclosure, or a deed in lieu of foreclosure, of 0 (or the exercise of a power of sale contained in) the Subordinate Mortgage. (j) No failure or delay on the part of any party hereto in exercising any 0 right, power or remedy hereunder shall operate as a waiver thereof, , nor shall any single or partial exercise of any such right, power or N remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. > c 0 (k) Each party hereto acknowledges that in the event any party fails to 2 comply with its obligations hereunder, the other parties shall have all rights available at law and in equity, including the right to obtain specific performance of the obligations of such defaulting party and injunctive relief. E Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 13 Packet Pg. 41 6.B.6.a (1) No party other than the Senior Lender and the Subordinate Lender shall have any rights under, or be deemed a beneficiary of any of the provisions of, this Agreement. (m) No amendment, supplement, modification, waiver or termination of this Agreement shall be effective against any party unless such amendment, supplement, modification, waiver or termination is contained in a writing signed by such party. (n) This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year first above written. [BALANCE OF PAGE LEFT INTENTIONALLY BLANK] c 0 U A) J Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 14 Packet Pg. 42 6.B.6.a WITNESS: Print Name: Print Name: State of SENIOR LENDER: PNC BANK, NATIONAL ASSOCIATION, a national banking association By: Kelli A. Tyler, Vice President ACKNOWLEDGMENT County of y On before me, personally appeared , who proved to me ti on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. o U I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) (Seal) Page 15 Packet Pg. 43 6.B.6.a WITNESS: SUBORDINATE LENDER: ST. LUCIE COUNTY, FLORIDA as Print Name: >" a� a By: c Name: Title: Print Name: L 0 3 U J J STATE OF vi as CITY/COUNTY OF , ss: '> c I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state N aforesaid and in the county aforesaid to take acknowledgments, personally appeared to me known to be the person described in and who executed the foregoing instrument as the of the Board of County ti Commissioners, St. Lucie County, Florida, and acknowledged to me that he/she as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained in the name of such political subdivision by himself/herself as 0 Witness my hand and official seal in the county and state aforesaid, this day of ) 2013. J Notary Public E My Commission Expires: a Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 16 Packet Pg. 44 6.B.6.a CONSENT OF BORROWER The Borrower hereby acknowledges receipt of a copy of this Subordination Agreement, dated as of April , 2013, by and between the PNC Bank, National Association and St. Lucie County, Florida and consents to the agreement of the parties set forth in this Agreement. WITNESS: MADISON VINES, LLC, a Florida limited liability company Print Name: By: Madison Vines Apartments, LLC, a Florida limited liability company, its manager r_ Print Name: 0 By: ) 13 Todd L. Borck, Co -Manager ti �o By: Patrick E. Law, Co -Manager c 0 U 2 STATE OF U CITY/COUNTY OF , ss: J I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared Todd L. Borck, to me known to be the person described in and who executed the foregoing instrument as the Co -Manager of Madison Vines Apartments, LLC, a Florida limited liability company, manager of Madison Vines, LLC, a Florida limited liability company, and acknowledged to me that he as such officer of the manager, being authorized to do so, executed the foregoing instrument for the purposes therein contained in the name of such limited liability company by himself as Co -Manager of the manager. Witness my hand and official seal in the county and state aforesaid, this day of , 2013. Notary Public My Commission Expires: Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 17 Packet Pg. 45 6.B.6.a STATE OF CITY/COUNTY OF , ss: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared Patrick E. Law, to me known to be the person described in and who executed the foregoing instrument as the Co -Manager of Madison Vines Apartments, LLC, a Florida limited liability company, manager of Madison Vines, LLC, a Florida limited liability company, and acknowledged to me that he as such officer of the manager, being authorized to do so, executed the foregoing instrument for the purposes therein contained in the name of such limited liability company by himself as Co -Manager of the manager. Witness my hand and official seal in the county and state aforesaid, this day of , 2013. Notary Public My Commission Expires: c 0 U A) J Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page 18 Packet Pg. 46 6.B.6.a EXHIBIT A LEGAL DESCRIPTION The Northwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 35 South, Range 40 East, St. Lucie County, Florida, less the North 40 feet and the West 65 feet thereof. ALSO DESCRIBED AS: Commencing at the Northwest corner of said Southwest 1/4 of the Southwest 1/4 of to Section 34, proceed North 890 59' 371' East along the North line thereof a distance U of 65.00 feet; thence South 001 27' 16" West, parallel with and 65.00 feet Westerly J of, when measured perpendicular to, the West line of said Southwest 1/4 of Section a) 34, a distance of 40.00 feet to the POINT OF BEGINNING; thence North 891 59' 37" '> East along a line 40.00 feet Southerly of, when measured perpendicular to, the c North line of said Southwest 1/4 of the Southwest 1/4 of Section 34, said line being the South right-of-way (R/W) line of Tumblin Kling Road (R/W varies), a distance of 595.17 feet to a point on the East line of the Northwest 1/4 of the Southwest 1/4 of ti the Southwest 1/4 of Section 34; thence South 000 30' 03" West along said East line, a distance of 626.86 feet to the Southeast corner of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 34; thence South 890 58' 50" West along the South line of the Northwest 1/4 of the Southwest 1/4 of the Southwest 'A of Section 34 a distance of 594.66 feet to a point being 65.00 feet Easterly of, when U measured perpendicular to, the aforementioned West line of the Southwest 1/4 of 2 Section 34, said point lying on the East R/W line of Oleander Avenue (R/W varies); � thence North 000 27' 16" East, parallel with said West line of the Southwest 1/4 of co Section 34 and along said East R/W line of Oleander Avenue, a distance of 626.99 feet to the point of beginning. Subordination Agreement- Municipal Debt [Non -Bond] (12/2002) Page A-1 Packet Pg. 47 6.B.7 ITEM NO. RES-2013-60 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Daniel S. McIntyre, County Attorney County Attorney DATE: 04/02/2013 *CONSENT AGENDA\COUNTY ATTORNEY Proclamation designating the month of April, 2013 as "Sexual Assault Awareness Month" in St. Lucie County, Florida. It has been requested that this Board proclaim the month of April 2013 as "Sexual Assault Awareness Month" in St. Lucie County, Florida. The attached proclamation has been drafted for that purpose. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Fa -ye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Packet Pg. 48 Coordination/Signatures iani S. McIntyre, ou y Attorney 3/22/2013 Updated: 3/22/2013 3:24 PM by Carol Bishop Page 2 Packet Pg. 49 6.B.7.a A RESOLUTION PROCLAIMING THE MONTH OF APRIL 2013 AS -SEXUAL ASSAULT AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Every 45 seconds someone in the United States is sexually assaulted and in Florida 17% of women have been raped at some time in their lifetime. 2. Rape, sexual assault, and violence impacts women, children and men of all racial, cultural and economic backgrounds, many of whom can and do experience acquaintance rape, stranger rape, sexual assault by an intimate partner, gang rape, incest, stalking, serial rape, date rape, ritual abuse, sexual harassment, child sexual molestation, prostitution and pornography. 3. We must work together to educate our entire population about what can be done to eradicate and prevent sexual assault, support survivors and victims' alike to ensure that they are given the help that they need to ensure they are not re -victimized. 4. Staff and volunteers of victim support programs in St. Lucie County work year round to encourage every person to establish boundary lines in relationships and encounters in the efforts to minimize and eradicate sexual assault. 5. With dedication and resolve from St. Lucie County staff and volunteers in Florida, we can be successful in reducing crimes against citizens living in St. Lucie County through a heightened state of awareness and holding perpetrators accountable for their acts of violence. 6. Through the support of the people of St. Lucie County, the Treasure Coast Chapter of the National Organization of Women and The Inner Truth Project, the county and state continue their dedicated efforts to actively engaging in public and private efforts and establishing boundary lines, including conversations about what is sexual violence, how to establish primary prevention programs, how to help survivors connect with crisis centers and counselors, and how every region of our county can work together to better address sexual violence. 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 April 2013 as "SEXUAL ASSAULT AWARENESS MONTH" in St. Lucie County, Florida and urge all citizens to duly note this occasion PASSED AND DULY ADOPTED this 2"d day of April, 2013. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 50 6.B.8 ITEM NO. RES-2013-59 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Daniel S. McIntyre, County Attorney County Attorney DATE: 04/02/2013 *CONSENT AGENDA\COUNTY ATTORNEY Proclamation designating the month of April, 2013 as "General Aviation Appreciation Month" in St. Lucie County, Florida. It has been requested that this Board proclaim the month of April 2013 as "General Aviation Appreciation Month" in St. Lucie County, Florida. The attached proclamation has been drafted for that purpose. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Fa -ye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Packet Pg. 51 Coordination/Signatures iani S. McIntyre, ou y Attorney 3/22/2013 Updated: 3/22/2013 2:59 PM by Carol Bishop Page 2 Packet Pg. 52 6.B.8.a A RESOLUTION PROCLAIMING THE MONTH OF APRIL 2013 AS "GENERAL AVIATION MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. General aviation and community airports play a critical role in the lives of our citizens, as well as in the operation of our businesses and agriculture. 2. St. Lucie County has a significant interest in the continued vitality of general aviation, aerospace, aircraft manufacturing, educational institutions, aviation organizations, community airports and airport operators. 3. There are 129 public -use airports in the State of Florida, serving 51,671 pilots and 25,328 general aviation aircraft and representing nearly 80 percent of all aircraft operations in the state. 4. The aviation industry in Florida supports over one million jobs with an annual payroll of over $30 billion, and general aviation airports support over 54,000 jobs with an annual payroll of $1.8 billion, and an economic benefit of $6 billion. 5. General aviation plays a vital role in St. Lucie County's response to emergencies and natural disasters. 6. Florida is home to 190 charter flight companies, 509 repair stations, three fractional providers, and 73 flight schools operating 858 aircraft and providing 3,500 jobs, and in addition there are 154 fixed -based operators in the state. 7. Many communities in Florida depend heavily upon general aviation and community airports for the continued flow of commerce and tourism. 8. Several leading general aviation companies have headquarters or a major presence in Florida including renowned companies such as Piper, Piaggio, Embraer, Rockwell Collins, and Avidyne that contribute many millions of dollars to the State's economy. 9. Organizations like the Florida Airports Council, Florida Aviation Trades Association, Florida Aviation Aerospace Alliance, the Alliance for Aviation Across America, National Business Aviation Association, National Association of State Aviation Officials, Aircraft Owner's and Pilot's Association and National Air Transportation Association recognize and promote the interests and importance of aviation in Florida and throughout the world.. 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 April 2013 as "GENERAL AVIATION APPRECIATION MONTH" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 2"d day of April, 2013. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 53 6.C.1 ITEM NO. (ID # 1160) DATE: 04/02/2013 COUNTY ` I ' A M AGENDA REQUEST *CONSENT AGENDA\ADMINISTRATION TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart, Business and Strategic Initiatives Manager SUBMITTED BY: Business & Strategic Initiatives Division SUBJECT: 2013 Federal Legislative Agenda BACKGROUND: It is St. Lucie County's practice to secure the approval of the Board of County Commissioners for Federal legislative issues and requests. County staff has been working with Greg Burns from Van Scoyoc Associates to identify these issues and requests as part of the County's Federal Legislative Agenda for 2013. The items identified within the Agenda are anticipated to have a fiscal, regulatory, or operational impact upon the County. The 2013 Federal Legislative Agenda will provide a background and summary on these issues for members of the Federal Congressional Delegation, as well as, appropriate Federal agency staff. PREVIOUS ACTION: At its March 14, 2013 informal meeting, the Board reviewed legislative issues and requests as part of its Federal Legislative Agenda for 2013. The legislative agenda was prepared by our Federal Lobbyist, Greg Burns, with Van Scoyoc Associates in conjunction with County staff. FINANCIAL IMPACT: N/A RECOMMENDATION: Board authorization to submit the County's 2013 Federal Legislative Agenda to members of Florida's Federal Congressional Delegation. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Packet Pg. 54 6.C.1 Fa —ye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coordination/Signatures ianiV S. McIntyre, ou ty Attorney 3/22/2013 Updated: 3/22/2013 9:47 AM by Michael Brillhart Page 2 Packet Pg. 55 6.C.1.a St. Lucie County, Florida 2013 Federal Legislative Agenda Cn M T 0 N r+ C N E t V 2 r r Q Packet Pg. 56 6.C.1.a NEW E COUNTY F L O R I D A Prepared by Van Scoyoc Associates for St. Lucie County Board of County Commissioners VAN SCOYOC A S S O C I A T E S Commissioner Chris Dzadovsky Commissioner Frannie Hutchinson Commissioner Kim Johnson Commissioner Paula A. Lewis Commissioner Tod Mowery Faye W. Outlaw, MPA, County Administrator Questions regarding the information in this book may be directed to: Greg Burns Michael Brillhart Richard Bouchard (202) 737-8162 (772) 462-6406 (772) 462-1710 February 2013 Copyright 2013 Van Scoyoc Associates Inc. Packet Pg. 57 6.C.1.a COUNTY F L O R 6 A Water Resources 1) St. Lucie County Federal Beach Nourishment Projects 2) Water Resources Development Act 3) Fort Pierce Inlet Maintenance Dredging; Harbor Maintenance Trust Fund 4) Comprehensive Everglades Restoration Plan VAN SCOYOC ASSOCIATES 5) Water Quality -- Numeric Nutrient Criteria and Total Maximum Daily Loads Transportation 6) St. Lucie County Airport 7) Transportation Authorization Local Government Finance 8) Tax -Exempt Bonds 9) Sales -Tax Legislation 10) Transient Occupancy Taxes Economic Development & Social Services 11) Economic Development Administration 12) Community Services Block Grants & the Low Income Home Energy Program 13) Older Americans Act Programs 14) Department of Housing and Urban Development Formula Programs Enemy & Sustainability 15) Property Assessed Clean Energy Legislation 16) Offshore Energy Exploration General Government Issues 17) Public Pension Reform Page 1 Packet Pg. 58 6.C.1.a • ' St. Lucie County 2013 Federal Legislative Agenda VAN SCOVOC ASSOCIATES St. Lucie County Federal Beach Nourishment Projects Support adequate annual funding for the Corps of Engineers Investigations and Construction accounts, including additional funding specifically for "shore protection" projects not identified in the annual Administration budget. Support the Corps' funding of the St. Lucie County feasibility study in Fiscal Year 2014 and the renourishment of the Fort Pierce, FL Federal shore protection project via Flood Control and Coastal Emergencies and Construction General funding. Monitor the continuation of the General Reevaluation Report for the Fort Pierce project. Monitor the search for additional offshore sand by the Corps of Engineers for future southeast Florida nourishment projects. Water Resources Development Act Support passage of a Water Resources Development Act, including: • Provide adequate credits to the County for costs incurred by the County for the General and Limited Reevaluation Reports of the Fort Pierce, FL Federal beach project • Legislative language to provide a process for the reauthorization of Federal participation in beach restoration projects that are approaching the end of their 50-year cost sharing period • Allow for the Fort Pierce, FL General Reevaluation Report to be considered suitable for a new 50-year project authorization, thereby allowing for the future construction of structural alternatives and potential inlet sand bypassing south of the Fort Pierce Federal Inlet in order to help reduce the frequency of future beach nourishment cycles Fort Pierce Inlet Maintenance Dredging; Harbor Maintenance Trust Fund Support adequate annual funding for the Corps of Engineers Operations & Maintenance account, including additional funding for dredging not identified in the annual Administration budget. Support additional funding specifically provided for "Small, Remote, or Subsistence Navigation" dredging activities. Support legislation that would require the expenditure of funds for O&M activities equal to the level of receipts plus interest credited to the HMTF for that fiscal year. Comprehensive Everglades Restoration Plan Support the continuing implementation of all facets of the Comprehensive Everglades Restoration Plan, including: • Continued Federal and State action on the Ten -Mile Creek project in St. Lucie County • The State purchase of the remaining 1300 acres of land needed for the C-24 Reservoir and storm water treatment area so the Corps of Engineers can proceed with construction of the C-23 and C- 24 Reservoirs and storm water treatment areas project, which is part of the original Indian River Lagoon -South project • Full Federal funding for the restoration of the Herbert Hoover Dike • Full Federal funding for the construction of the C-44 Reservoir and associated storm water treatment areas • Full Federal funding and an authorization increase for the completion of the Kissimmee River restoration project • Full Federal funding for the Tamiami Trail bridging project to get more water south and reduce the need to send water through the St. Lucie River to the Indian River Lagoon during wet periods Water Quality -- Numeric Nutrient Criteria and Total Maximum Daily Loads Monitor activities surrounding the proposed "numeric water quality criteria" for lakes, flowing waters, and canals. Cn M T 0 N r+ c a) E z U ca r Q Page 2 Packet Pg. 59 6.C.1.a SAT-011WN 0E COUNTY F LORI D A ''0 VAN SCOVOC ASSOCIATES St. Lucie County Airport Support $3.35 billion in annual appropriations for the Airport Improvement Program. Support any St. Lucie County Airport grant proposals through the Airport Improvement Program. Oppose efforts to institute a per flight fee on general aviation aircraft that use controlled airspace. Oppose the elimination of Federal funding to FAA contract towers served exclusively by general aviation. Support reimbursable fee agreement language in appropriate legislation and full funding for Customs and Border Patrol agents at our ports of entry. Transportation Authorization Monitor proposed changes to Federal highway and transit programs. Monitor efforts to enhance Federal transportation revenue streams. Support any and all opportunities to secure funding for St. Lucie County priorities via this legislation or other means. Tax -Exempt Bonds Oppose legislation that would threaten the tax exemption on state and local bonds, including a 28 percent cap on tax-exempt municipal bonds. Sales -Tax Legislation Support legislation that requires companies making catalog and internet sales to collect and remit the associated taxes. Transient Occupancy Taxes Oppose legislation that would exempt Internet travel brokers from paying taxes on the full room rate paid by the consumer, thereby costing St. Lucie County and its political subdivisions the opportunity to collect the appropriate Transient Occupancy Taxes from visitors to the region. Economic Development Administration Support continued annual funding of the Economic Development Administration. Support St. Lucie County and Treasure Coast Research Park grant applications through the program. Community Services Block Grants & Low Income Home Energy Program Funding Support continued adequate annual funding for both the Community Services Block Grant and the Low Income Home Energy Program. Older Americans Act Programs W Support continued adequate annual funding for Older Americans Act programs that support critical social `_ service programs serving elder persons in St. Lucie County. N c Department of Housing and Urban Development Formula Programs E Support continued adequate funding for future fiscal years for both the Community Development Block Grants and the HOME Investment Partnerships programs because of their critical role in the County's overall efforts to support those that are least fortunate. a Property Assessed Clean Energy Legislation Support legislation that would allow for the creation of PACE -style programs in St. Lucie County and Florida. Offshore Energy Exploration Monitor the potential expansion of offshore energy exploration in Florida's Federal waters. Page 3 Packet Pg. 60 6.C.1.a SAT-011WN 0E COUNTY F L O R I D A ''4b VAN SCOVOC ASSOCIATES Public Pension Reform Monitor federal legislative proposals related to public pensions, e.g., the Public Employee Pension Transparency Act, which could significantly impact the Florida Retirement System. W M T 0 N r+ C N E t V 2 r r Q Page 4 Packet Pg. 61 6.C.1.a SAT-011WN 0E COUNTY F LORI D A ''0 VAN SCOVOC ASSOCIATES FEDERAL ISSUE: St. Lucie County Federal Beach Nourishment Projects BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Federal government and St. Lucie County have long partnered on the Fort Pierce shore protection project and the St. Lucie County shoreline feasibility study, which is evaluating erosion along the southern shoreline of the County. To fund beach nourishment projects and studies that are not often budgeted for by the Administration due to the difficult competition for funds from the Army Corps of Engineers, Congress has adjusted their funding strategy in the age of no -earmarks to add additional funding for what Congress terms "Additional Funding for Ongoing Work." Among these amounts, Congress in Fiscal Year (FY) 2012 provided $39.544 million in additional funding to the Corps for "shore protection" construction activity as well as $3 million for "shore protection" investigations (studies). In FY 2013, similar funds have been proposed by the House and Senate, but Congress has not yet resolved the funding for the Corps of Engineers. These will likely be the funding sources from which the Fort Pierce beach project and the St. Lucie County feasibility study must compete in the future. More recently, the Fort Pierce beach project was impacted by Sandy. The Corps is currently reviewing Project Implementation Reports (PIR) developed by various Corps District offices throughout the country to respond to storm damage impacts from prior storms and emergency events using Flood Control and Coastal Emergencies (FCCE) funding. One of those reports is regarding the Fort Pierce project, which recommends Flood Control and Coastal Emergencies funding to respond to significant impacts to the project from Sandy. If this PIR is approved and FCCE funding is provided to the project, it could be coupled with regular construction funding to complete a full project sometime later this year. With regard to the south County feasibility study, the study has not received Federal funding since FY 2010, at which time it received $448,000. Since then, the Corps and the County have continued to use those funds to make progress. However, there is some concern that given the Corps' newfound focus on completing "high -priority" studies in a more timely fashion, some other studies could suffer from a lack of Federal funding and attention. This may befall the south County feasibility study. There should still be opportunities through a FY 2013 work plan to fund the study once the Corps develops a spending plan, likely in April or May. In another development, the Florida Department of Environmental Protection and the Corps of Engineers -I- are conducting a Sediment Assessment and Needs Determination (SAND) Study of the supply of offshore Cn M sand resources and the demand for this sand to conduct beach nourishment in southeast Florida. The five c coastal counties (St. Lucie through Miami -Dade) are participating in the study to determine the regional N supply and demand for beach quality sand for all shore protection projects over the next 50 years. E A peer review of the SAND report is being conducted by a private engineering firm. The review memorandum on this document was presented to stakeholders on February 7, 2013. Q RECOMMENDED POSITION: Support adequate annual funding for the Corps of Engineers Investigations and Construction accounts, including additional funding specifically for "shore protection" projects not identified in the annual Administration budget. Support the Corps' funding of the St. Lucie County feasibility study in Fiscal Year 2014 and the renourishment of the Fort Pierce, FL Federal shore protection project via Flood Control and Coastal Emergencies and Construction General funding. Monitor the continuation of the General Reevaluation Report for the Fort Pierce project. Monitor the search for additional offshore sand by the Corps of Engineers for future southeast Florida nourishment projects. Page 5 Packet Pg. 62 6.C.1.a SAT-011WN 0E COUNTY F LORI D A ''0 VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Water Resources Development Act BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Water Resources Development Act (WRDA) authorizes the Corps of Engineers to participate in Federal water resource projects such as the Fort Pierce shore protection project. The legislation also modifies Corps' activities on particular projects and sets guidelines for how the Corps operates. Congress last passed a WRDA bill in 2007. Over the years, the County has taken the lead on advancing Federal studies and initiatives on some of its water resource projects in order to expedite their completion. This includes efforts on the Fort Pierce shore protection project via a General Reevaluation Report related to effectively managing the high erosion rate south of the Fort Pierce Inlet and also improving the Federal/local cost share of the project due to the impact of the Federal Inlet. Also, the Federal authorization of the Fort Pierce beach project is set to expire in 2020. One of the goals of the County's language will be to ensure a new 50-year lifespan of the project without having to restart the Federal process of studies and authorizations from scratch. At the end of the 112th Congress, the Senate proposed a draft WRDA bill that would have addressed many of the County's authorization concerns. Specifically, the legislation proposed to, among other things: • Provide an opportunity for expiring beach nourishment projects such as Fort Pierce to receive an additional 15 year authorization with limited additional study • Clarify situations where a non -Federal sponsor may receive credit for work performed in -kind, which could provide the County will significant credits for work performed In the beginning of the 113th Congress, the Senate has already indicated a willingness to move forward with a new WRDA bill, scheduling a mark-up for late March, 2013. Likewise, the House has also signaled that a WRDA bill is among its top priorities for the 113th Congress. RECOMMENDED POSITION: Support passage of a Water Resources Development Act, including: v • Provide adequate credits to the County for costs incurred by the County for the General and °' Limited Reevaluation Reports of the Fort Pierce, FL Federal beach project J • Legislative language to provide a process for the reauthorization of Federal participation in beach restoration projects that are approaching the end of their 50-year cost sharing period M • Allow for the Fort Pierce, FL General Reevaluation Report to be considered suitable for a new o 50-year project authorization, thereby allowing for the future construction of structural cm cm alternatives and potential inlet sand bypassing south of the Fort Pierce Federal Inlet in order to help reduce the frequency of future beach nourishment cycles r c� NOTES: Q Page 6 Packet Pg. 63 6.C.1.a SAT-011WN 0E COUNTY F LORI D A ''0 VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Fort Pierce Inlet Maintenance Dredging; Harbor Maintenance Trust Fund BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Fort Pierce harbor was last dredged by the Corps of Engineers in 1998. The inlet channel and interior turning basin are authorized for a depth of 28 feet, but are currently operating at depths as shallow as 18 and 20 feet, which limits the amount of traffic that can use the harbor. Currently, the harbor cannot handle the traffic that may like to use the facilities for shipping. According to the Indian River Terminal, ships are turned away because of the low access depths. The port now regularly turns away trade by ships that require 22-25 feet of draft. That means the port loses, under current conditions, $2 to 3 million in trade per year due to the lack of maintenance dredging of the channel. Recent proposals to import aggregates that meet new standards for construction materials set by State and Federal agencies cannot be accommodated by the port because the larger vessels needed for efficient transportation of products require up to 25 feet of draft. At least half a dozen prospects have inquired to use Fort Pierce for this purpose. It is estimated that local service businesses lose $300,000 to $450,000, and special transport and commodity providers such as cranes, heavy duty trucks, and the railroad lose as much as $3 to $4.5 million per year in business. The shipping customers also face losses because other ports impose greater costs and less efficiency than the Fort Pierce harbor. To fund dredging projects that are not generally budgeted for by the Administration due to the difficult competition for funds from the Army Corps of Engineers, Congress has adjusted their funding strategy in the age of no -earmarks to add additional funding for what Congress terms "Additional Funding for Ongoing Work." Among these amounts, Congress in Fiscal Year (FY) 2012 provided $30 million in additional funding to the Corps for "Small, Remote, or Subsistence Navigation" operations & maintenance (O&M) activity. This will likely be the funding from which the Fort Pierce Inlet must compete in the future to maintain the channel. It is unclear at this point how much funding may be available for these types of inlets in FY 2013 given the uncertain funding situation that remains. In more recent news, Congress passed a supplemental funding bill to respond to Sandy, including several billion for the U.S. Army Corps of Engineers. Within that funding, Congress provided $821 million for Operations & Maintenance (O&M) activities to dredge Federal navigation channels that were impacted by Sandy. There are no geographic restrictions on this funding. The Fort Pierce Inlet is one of eight inlets on the east coast of Florida that the Corps has identified as having sustained shoaling impacts from Sandy. These eight projects would cost an estimated $35 million to address and all have been approved by the South Atlantic Division in Atlanta and are currently under review by Corps HQ. Based upon the Corps' initial review, there is no identified shortfall with regard to O&M Sandy funds, meaning that some level of funding for the Fort Pierce Inlet is more positive than it has been in some time. On another front, in an effort to alleviate the annual shortage of funding for O&M activities throughout the United States, some have advocated that disbursements from the Harbor Maintenance Trust Fund (HMTF) be increased dramatically. The Harbor Maintenance Tax, which funds the HMTF, is levied on importers and domestic shippers using coastal or Great Lakes ports and is assessed at a rate of $1.25 per $1,000 in cargo value. When O&M funding is provided for a Corps dredging project, it comes from the HMTF. Cn M 0 N c a) z U ca r Q Page 7 Packet Pg. 64 6.C.1.a SAT-011WN 0E COUNTY F LORI D A ''0 VAN SCOVOC ASSOCIATES At the end of 2012, the HMTF was expected to have a balance of more than $7 billion. Interest on collections has been over $100 million alone in recent fiscal years. However, because the HMTF is not a separate, or "off -budget," account within the Federal budget, the "surplus" in the HMTF has in effect already been spent elsewhere on other general government activities. Expenditures by Congress out of the HMTF to pay for routine O&M expenses have remained relatively stagnant for decades. In essence, Congress has decided to provide less funding for Corps O&M activities than would be provided if there were a legislative mandate to spend all funding provided annually via the HMTF. Over the past 15 years, HMTF expenditures by Congress have consistently been less than the collections and interest into the HMTF. The difference between what is collected and what is spent has fluctuated, from a low of roughly $50 million in Fiscal Year 2002 to a high of roughly $500 million in Fiscal Year 2009. To rectify this situation, some in Congress have called for increasing disbursements from the trust fund. In the 112ffi Congress, legislation was introduced in the House and Senate that would require the expenditure of funds for O&M activities equal to the level of receipts plus interest credited to the HMTF for that fiscal year. This type of legislation is ideally suited for inclusion in a Water Resources Development Act (WRDA). In the 1131h Congress, this legislation has been reintroduced in the House of Representatives and the Senate. The House bill currently has 92 cosponsors, with 8 from Florida, including Representative Patrick Murphy. In the Senate, Senators Nelson and Rubio have once again signed on as cosponsors with 32 of his colleagues. RECOMMENDED POSITION: Support adequate annual funding for the Corps of Engineers Operations & Maintenance account, including additional funding for dredging not identified in the annual Administration budget. Support additional funding specifically provided for "Small, Remote, or Subsistence Navigation" dredging activities. Support legislation that would require the expenditure of funds for O&M activities equal to the level of receipts plus interest credited to the HMTF for that fiscal year. NOTES: Cn M T 0 N r+ C GN E t V 2 r r Q Page 8 Packet Pg. 65 6.C.1.a SAT-011WN 0E COUNTY F L O R I D A ''4b VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Comprehensive Everglades Restoration Plan BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Federal government and the State of Florida have long partnered on projects to help restore the Everglades, maintain flood protection, and provide a reliable water supply for Floridians. Among the many projects being implemented are several that impact St. Lucie County. One of these is the Ten Mile Creek Water Preserve Area. This project was designed to be an above ground reservoir capable of storing up to 6,000 acre feet of water with an associated stormwater treatment area which was intended to improve the health of the St. Lucie Estuary. Unfortunately, the project has never functioned as designed and has been instead operating passively. Currently, the Justice Department is considering a lawsuit against the contractor for the failure of the project, leaving the Federal government generally unable to discuss the project or its future in much detail. Meanwhile, the South Florida Water Management District has generally been reluctant to agree to cost -share any needed fixes to the project to make it fully functional again. RECOMMENDED POSITION: Support the continuing implementation of all facets of the Comprehensive Everglades Restoration Plan, including: • Continued Federal and State action on the Ten -Mile Creek project in St. Lucie County • The State purchase of the remaining 1300 acres of land needed for the C-24 Reservoir and storm water treatment area so the Corps of Engineers can proceed with construction of the C-23 and C- 24 Reservoirs and storm water treatment areas project, which is part of the original Indian River Lagoon -South project • Full Federal funding for the restoration of the Herbert Hoover Dike • Full Federal funding for the construction of the C-44 Reservoir and associated storm water treatment areas • Full Federal funding and an authorization increase for the completion of the Kissimmee River restoration project • Full Federal funding for the Tamiami Trail bridging project to get more water south and reduce the need to send water through the St. Lucie River to the Indian River Lagoon during wet periods NOTFS Cn M T 0 N r+ C N E t V 2 r r Q Page 9 Packet Pg. 66 6.C.1.a SAT-011WN 0E COUNTY F LORI D A ''0 VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Water Quality — Numeric Nutrient Criteria and Total Maximum Daily Loads BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Pursuant to a January 2009 Clean Water Act determination and a consent decree with Florida Wildlife Federation to settle a 2008 lawsuit, the Environmental Protection Agency (EPA) proposed numeric nutrient water quality standards for lakes and flowing waters in Florida in January 2010, and established final standards in November 2010. The final standards set numeric limits, or criteria, on the amount of nutrient pollution allowed in Florida's lakes, rivers, streams and springs. This action seeks to improve water quality, protect public health, aquatic life and the long term recreational uses of Florida's waters which are a critical part of the State, and St. Lucie County's economy. However, these standards also may come at a considerable cost to local governments, utilities, and others. In response, the House passed legislation in the 112th Congress to amend the Federal Water Pollution Act to grant states the authority to mandate their own water quality standards (including nutrient criteria) instead of the EPA enforcing a Federal standard. While this legislation is supported by Richard Budell, Director of the Office of Agricultural Policy for the Florida Department of Agriculture and Consumer Services, the Senate did not consider the House -passed legislation in the 112` Congress. The EPA agreed to let Florida promulgate its own numeric nutrient criteria, and the State Legislature approved the final rule in February of 2012. On November 30`h, 2012, in the face of a Federal Judge's denial of an EPA request to extend the deadline for approving the State new proposed rules, the EPA approved the Florida Department of Environmental Protection's (DEP) numeric nutrient criteria rules in their entirety; including the state's rules for inland waters (lakes, springs and flowing waters) and for those coastal waters and estuaries for which the Florida DEP had already set numeric nutrient criteria. The Florida DEP's approved rules are now in compliance with the requirements set in the Clean Water Act. In doing so, however, the EPA also announced that, it was proposing criteria that same day for those coastal waters and estuaries which have yet to be addressed by the Florida DEP (mostly in Northwest Florida) as well as for South Florida canals. The Florida DEP is in the process of addressing these areas, and the EPA stated that they are committed to continuing to work with the State so EPA's Federal proposed criteria do not need to be finalized. RECOMMENDED POSITION: Monitor activities surrounding the proposed "numeric water quality criteria" for coastal waters and estuaries and South Florida Canals currently being developed by the Florida Department of Environmental Protection. NOTES: Cn M 0 N c a) E z U ca r Q Page 10 Packet Pg. 67 6.C.1.a COUNTY F L O R I D A ''4b VAN SCOVOC ASSOCIATES FEDERAL ISSUE: St. Lucie County Airport BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Congress passed a final reauthorization of Federal Aviation Administration (FAA) in early February that extends the program through Fiscal Year (FY) 2015. Among other things, the legislation authorizes $3.35 billion annually for the Airport Improvement Program (AIP). AIP is a Federal grant program that provides funds to public airports to improve safety and efficiency. The program is funded through taxes on airplane tickets and aviation fuel. This funding stream is critical to improvements at the St. Lucie County Airport and is subject to annual appropriations by Congress. In the FY 2013 Administration budget, there were also two proposals included that could significantly impact general aviation. These include instituting a "user fee" tax and eliminating the Federal Contract Tower program at general aviation airports. Specifically, a $100 per flight fee on aircraft that use controlled airspace was proposed, which would hamper aeronautical and other businesses that depend on general aviation yet may not have a customer base onto which to pass the fee. Additionally, the budget requested the elimination of Federal funding to FAA contract towers served exclusively by general aviation. Both of these proposals were rejected by Congress. However, they may resurface at some point in the future. In other areas, the St. Lucie airport also has challenges related to staffing at the Customs and Border Protection (CBP) office. CBP's hours at the airport are limited, thereby limiting the time when flights may come directly to the airport to clear through customs. In its FY 2013 budget, the Administration requested legislative language to allow CBP to enter into reimbursable fee agreements with private sector, local, state, or international partners for providing CBP services. The House did not include similar language in its version of the FY 2013 Department of Homeland Security (DHS) Appropriations bill. The Senate, on the other hand, wrote the provision into their version of the same bill. However, the provision only narrowly survived, as Republicans offered an amendment to narrow it, which failed by a vote of 14-16. Republicans claim the provision is too broad and could endanger national security by allowing CBP to work with partners without consulting intelligence agencies. The provision did not make it into the final Continuing Resolution (CR) proposed by Congress for FY 2013. However, the House and Senate both agreed that CBP staffing is important and have kept CBP personnel accounts untouched by the sequester by providing additional funding to offset reductions in FY 2013. Specifically, the FY 2013 CR provided $11.9 billion for CBP. This level will fund 21,775 CBP officers working at the ports of entry. RECOMMENDED POSITION: Support $3.35 billion in annual appropriations for the Airport Improvement Program. Support any St. Lucie County Airport grant proposals through the Airport Improvement Program. Oppose efforts to institute a per flight fee on general aviation aircraft that use controlled airspace. Oppose the elimination of Federal funding to FAA contract towers served exclusively by general aviation. Support reimbursable fee agreement language in appropriate legislation and full funding for Customs and Border Patrol agents at our ports of entry. Q Page 11 Packet Pg. 68 6.C.1.a SAT-011WN 0E COUNTY F LORI 6 A ''0 VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Transportation Authorization BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: After several years of short-term authorizations, Congress passed and the President signed the Moving Ahead for Progress in the 21st Century Act (MAP-21) on July 6, 2012. MAP-21 funds Federal surface transportation programs at roughly the levels of the previous authorization ($48 billion) through September 30, 2014, which means that Congress will need to begin to craft the follow-on legislation to MAP-21 well before the end of the 113ffi Congress. MAP-21 eliminated, consolidated, or changed many programs, transformed nearly all discretionary transportation grant programs into formula programs, and left much discretion to state Departments of Transportation on how to allocate funding among the remaining programs. One of those changes was the removal of dedicated funding for several programs, including Safe Routes to School, Recreational Trails, and the Transportation Enhancements program. The legislation instead created a new program called Transportation Alternatives (TA). Under this consolidated program, funding for these activities will be reduced by approximately $300 million annually from current levels of funding. Fifty percent of Florida's estimated $49 million TA allocation for FY 2013 will be sub -allocated within the state based on population, and census -designated urbanized areas with populations above 200,000 will be given project selection authority over its portion of these funds. Funding available to St. Lucie County will go through the St. Lucie Transportation Planning Organization. In developing MAP-21, Congress did not address the need for a long-term, sustainable plan to finance our nation's transportation infrastructure. Fuel taxes, which currently provide most of the money for surface transportation, do not provide a solid long-term foundation for generally desired transportation funding growth, even if Congress were to raise them modestly. The choice then becomes finding new sources of income for an expanded program, or alternately, to settle for a smaller program that might look very different than the one currently in place. Less Federal funding via a future transportation reauthorization bill would mean significantly less funding available to FDOT, and ultimately St. Lucie County, to support both surface transportation and transit projects and programs. RECOMMENDED POSITION: Monitor proposed changes to Federal highway and transit programs. Monitor efforts to enhance Federal transportation revenue streams. Support any and all opportunities to secure funding for St. Lucie County priorities via this legislation or other means. NOTES: W M T 0 N c d E z U ca r Q Page 12 Packet Pg. 69 6.C.1.a COUNTY F LORI D A ''0 VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Tax -Exempt Bonds BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Although municipal bonds have been tax-exempt for almost 100 years, a number of Federal proposals continue to be discussed which target the tax exemption of tax-exempt bonds, particularly as part of the debate to end the sequester or reduce Federal spending. With local governments facing severe budget difficulties, any proposal to limit the tax exemption would put more pressure on local finances by reducing demand for tax-exempt bonds and increase borrowing costs for state and local governments, ultimately leading to higher taxes or reduced services. Specifically: • The Administration has proposed as part of a jobs and deficit reduction plan to limit the benefit of itemized deductions and certain exclusions to 28 percent for higher income taxpayers. • The Administration's plan also includes a new debt reduction trigger which could further limit the exclusion for tax-exempt bond interest income below 28 percent. The new trigger could limit the tax savings from tax-exempt bonds every year, increasing the risk and the cost of all tax-exempt bonds. • The Administration's National Commission on Fiscal Responsibility and Reform, also called Simpson -Bowles, has recommended a tax reform plan which would end the tax exemption for newly -issued state and local bonds. • The Bipartisan Policy Center has proposed a tax reform plan, also known as Domenici-Rivlin, which would end the tax exemption for all new private -purpose bonds. • Senators Wyden and Coats introduced the Bipartisan Tax Fairness and Simplification Act which would replace tax-exempt bonds with taxable bonds and a tax credit. • Senator Coburn has proposed a tax reform plan which would repeal the program which authorizes tribes to issue tax-exempt bonds for economic development purposes. • The Congressional Budget Office has released a report on revenue -raising options which includes a proposal to replace the tax exemption of municipal bonds with a direct subsidy for issuers. Estimates have been provided that the difference in the rate of earnings that local governments would need to offer prospective buyers of their taxable bonds would depend on the market, but may be roughly 1.35 percent more for those offerings. On $10 million borrowed, this would likely cost $1,660,000 over a 20 year term, a cost that would be borne by local taxpayers. RECOMMENDED POSITION: Oppose legislation that would threaten the tax exemption on state and local bonds, including a 28 percent cap on tax-exempt municipal bonds. NOTES M M 0 N r+ c d E t c� r Q Page 13 Packet Pg. 70 6.C.1.a SAT-011WN 0E COUNTY F LORI D A -'0 VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Sales -Tax Legislation BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Currently, retailers are only required to collect sales tax in states where they have brick -and -mortar stores. The burden then falls to consumers to report to state tax departments any sales taxes they owe for online purchases. Often, consumers do not report those purchases when completing their tax returns. As a result, local retailers are at a competitive disadvantage because they must collect sales taxes while out-of-state retailers, including many large online and catalog retailers, in effect give their customers a discount by collecting no state or local sales taxes. Consumers are left with the confusing yet legal responsibility to report the sales taxes owed on online purchases on their tax returns. The current sales tax system is perceived as being unfair to brick -and -mortar retailers that employ local residents, including local stores as well as national chains like Best Buy or Home Depot. It is also a drain on local government revenues. In 2012, uncollected sales tax is estimated to cost local governments $23 billion nationwide. To correct this inequity, legislation was introduced in the Senate during the 112th Congress and was seen as having the best chance of becoming law. The bipartisan legislation was cosponsored by 19 Senators, and for the first time had the backing of some major online retailers such as Amazon.com. In the House, similar, bipartisan legislation also gained traction with 56 cosponsors. To protect small, online retailers, both pieces of legislation exempted sellers who make less than $500,000 in total remote sales to qualify from the requirement to collect the tax. Local, state, and national business groups, such as the Florida Chamber of Commerce, Associated Industries of Florida, Florida TaxWatch, Florida Retail Federation, and Amazon.com have spoken out in favor of these types of bills. Three Florida Republicans and one Florida Democrat in the House were cosponsors of the legislation. This bill has been reintroduced in the House and Senate in the 113th Congress, and already has significant support with 22 cosponsors in the Senate and 42 cosponsors in the House, including Florida Reps. Crenshaw, Deutch, Ross, and Diaz-Balart. Legislation of this type could be also wrapped up into a future spending reduction or tax reform measure in the 113th Congress. RECOMMENDED POSITION: Support legislation that requires companies making catalog and internet sales to collect and remit the associated taxes. NOTES- M M 0 N r+ c d E t c� r Q Page 14 Packet Pg. 71 6.C.1.a SAT-011WN 0E COUNTY F LORI D A ''0 VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Transient Occupancy Taxes BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: In the 11 lth Congress, attempts were made by senior Senators to insert language into various pieces of legislation that would have exempted online travel brokers (Expedia, Travelocity, etc.) from remitting the full bed tax rate collected from consumers to the appropriate local government. For instance, if Expedia or a similar purveyor were to pay $60 for a room in St. Lucie County and then sell that room to a consumer for $100, they would be able to, under the proposal, only remit $6 dollars to the local government instead of $10 (using a 10 percent bed tax for illustrative purposes). In late 2009, 17 Florida counties filed an action against a number of online travel companies alleging that the companies have failed to collect and/or pay taxes under the respective tourist development tax ordinances. During 2012, there were several Florida State Circuit Court cases that ruled in favor of the OTCs. Two cited that Florida law is not clear on the issue, while a Circuit Court Judge ruled more directly in July that the OTCs only owe local tourist taxes on the discounted rates they paid for the rooms. In Fiscal Year 2012, St. Lucie County collected $2.6 million in transient occupancy taxes, which is used to support the tourism industry in our region. This level of funding underscores the importance of this revenue source and the need to ensure it is not constrained by detrimental legislation. RECOMMENDED POSITION: Oppose legislation that would exempt Internet travel brokers from paying taxes on the full room rate paid by the consumer, thereby costing St. Lucie County and its political subdivisions the opportunity to collect the appropriate Transient Occupancy Taxes from visitors to the region. NOTES- r Q Page 15 Packet Pg. 72 6.C.1.a SAT-011WN 0E COUNTY F LORI D A ''0 VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Economic Development Administration BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Economic Development Administration (EDA) is primarily a granting agency that funds economic development projects throughout the country. Successful projects usually leverage roughly 200 new jobs and $24 million in private investment for every $1 million of EDA investment. St. Lucie County has secured these funds in the past for economic development projects, including at the airport. More recently, in December 2010, St. Lucie County submitted a grant application to the EDA to help fund an infrastructure project at the Treasure Coast Research Park (TCRP). The County requested $1,009,890 in Federal funds and is offering a cash match of $2,596,860. EDA initially approved the grant, but later rescinded the application due to challenges related to securing private sector commitments of job creation. Even with that disappointment, the EDA remains one of the best opportunities to secure Federal funding for the TCRP. The EDA is often supportive of incubator programs, such as the TCRP Center for AgriLife Research and Entrepreneurship. Similarly, the EDA is supportive of infrastructure projects to support economic development, including at places like the TCRP. However, the TCRP will need a significant commitment of long-term job creation to support a successful application. The President's Deficit Commission, as well as more recent Congressional proposals, has proposed the elimination of EDA, as its mission is seen as duplicative by some. During the last Congress, the Senate failed to pass the "Economic Development Revitalization Act," which would have reauthorized the Economic Development Administration (EDA) through 2015. EDA's authorization expired in September 2008, but funding via the appropriations process has kept it functioning without an authorization. In addition to reauthorizing EDA, the Senate legislation would have increased the authorized funding for the program from $300 to $500 million annually. Despite the failure to pass the legislation, the EDA will continue to operate through the annual appropriations process if provided sufficient funding by Congress. hi Fiscal Year (FY) 2011, Congress provided $283 million for the EDA. In FY 2012, after the Administration proposed $324 million, Congress ultimately provided $257 million in funding. In FY 2013, Congress ultimately provided $221 million for the EDA. RECOMMENDED POSITION: Support continued annual funding of the Economic Development Administration. Support St. Lucie County and Treasure Coast Research Park grant applications through the program. NOTES: W M 0 N c d E z U ca r Q Page 16 Packet Pg. 73 6.C.1.a COUNTY F LORI D A ''0 VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Community Services Block Grants & the Low Income Home Energy Program BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Community Services Block Grant (CSBG) program allocates Federal funding to alleviate the causes and conditions of poverty in communities. The funds provide for a range of services and activities to assist the needs of low-income individuals including those addressing employment, education, better use of available income, housing, nutrition, emergency services and/or health. In St. Lucie County, the Community Services Division administers CSBG funding, which is the most flexible funding source the County has for addressing self-sufficiency initiatives. The program has income requirements, yet is not an entitlement program, thereby allowing the County to work with clients that are highly motivated to reduce their dependence on public benefits. In Fiscal Year 2010, funding for CSBG was $700 million, from which the County received $166,461, plus an additional $468,878 from additional funding provided via the American Recovery and Reinvestment Act. In Fiscal Year 2011, Congress provided $678.64 million for the program, from which the County received $157,579. In Fiscal Year 2012, Congress provided the program with the same amount as in 2011. For FY 2013, the County's CDBG funds will see an estimated 6 percent cut from FY 2012, as the Continuing Resolution that Congress passed will fund the program at FY 2012 levels, minus about I percent, and sequestration will reduce it by approximately 5 percent. The Low Income Home Energy Program (LIHEAP) provides heating assistance to low-income households. Also administered in St. Lucie County, LIHEAP is the only lifeline for some of the most impoverished families and seniors in the community. While LIHEAP is often thought of as being a program benefitting northern states, it is equally important in Florida due to the expense of cooling a residence during summer months of excessive heat. In FY 2010, Congress provided $5.1 billion for LIHEAP. St. Lucie County residents should have been eligible for $1.79 million from the program during the year. In FY 2011, Congress provided $4.7 billion for LIHEAP, and in FY 2012, Congress provided the program with $3.48 billion, a significant reduction in funding which meant relatively fewer funds for St. Lucie County's program. In FY 2013, due to the Continuing Resolution and sequestration, St. Lucie County's LIHEAP program should expect about a 6 percent reduction in funding. RECOMMENDED POSITION: Support continued adequate annual funding for both the Community Services Block Grant and the Low Income Home Energy Program. NOTES: M M 0 N c d E z c� r Q Page 17 Packet Pg. 74 6.C.1.a SAT-011WN 0E COUNTY F L O R I D A ''vg& VAN SCOVOC A S S O C I A T E S FEDERAL ISSUE: Older Americans Act Programs BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Most Federal programs that exist for the delivery of social and nutritional services for the elderly in St. Lucie County emanate from the Older Americans Act (OAA). These include supportive services, congregate nutrition services (meals served at group sites such as senior centers, schools, churches, or senior housing complexes), home -delivered nutrition services, family caregiver support, community service employment, and services to support the health, and prevent the abuse, neglect, and exploitation, of older persons. The majority of the funding for OAA grant programs goes to the State and Community Programs on Aging account which provides formula funds to state and local agencies designated to provide direct services to the elderly. For St. Lucie County, most of the funds are provided to the Council on Aging of St. Lucie from the Florida Department of Elderly Affairs. There are separate funding allotments for programs within this account; however, the Federal government does provide some flexibility for spending allocated funds in this account in areas where there is a greater need. These services are available to all persons aged 60 and older, but are targeted to those with the greatest economic or social need, particularly low-income and minority persons and the elderly who live in rural areas. During a time when funding for many Federal domestic programs has been significantly reduced, OAA program funding has been relatively stable. In Fiscal Year (FY) 2012, funding for OAA programs totaled $1.913 billion, which was only I percent less than in FY 2011 at $1.932 billion. For FY 2013 Congress has funded OAA programs via a Continuing Resolution, leaving funding relatively unchanged from FY 2012. However, sequestration will reduce that amount by an estimated 6 percent. Though the OAA's authorization expired in FY 2011, Congress has continued to provide funding for these programs through annual appropriations. In the 112th Congress, legislation was introduced to reauthorize the OAA through FY 2017, but it was not passed. It is anticipated that similar legislation will be introduced in the I I3th Congress to reauthorize the OAA. RECOMMENDED POSITION: Support continued adequate annual funding for Older Americans Act +, programs that support critical social service programs serving elder persons in St. Lucie County. W M T 0 NOTES: N c d E z U c� r Q Page 18 Packet Pg. 75 6.C.1.a SAT-011WN 0E COUNTY F LORI D A ''0 VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Department of Housing and Urban Development Formula Programs BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: St. Lucie County and its two largest cities receive direct allocations of funding from two Department of Housing and Urban Development (HUD) formula programs: the HOME Investment Partnership (HOME) and Community Development Block Grants (CDBG). HOME funds are designed to create affordable housing for low-income households and are awarded annually as formula grants to participating jurisdictions, including St. Lucie County (in partnership with Martin and Indian River counties). HUD establishes HOME Investment Trust Funds for each grantee, providing a line of credit that the jurisdiction may draw upon as needed. The program allows local governments to use HOME funds for grants, direct loans, loan guarantees or other forms of credit enhancement, or rental assistance or security deposits. CDBG is a flexible grant program that provides communities with Federal funding to address a wide range of unique community development needs. The CDBG program provides annual grants on a formula basis to units of local government and states, including the cities of Fort Pierce and Port St. Lucie. Since Fiscal Year 2010, nationwide funding for HOME and CDBG funding has been cut by 48 percent and 25 percent, respectively. In Fiscal Year 2012, HOME was reduced by 38 percent, from $1.6 billion in Fiscal Year 2011 to $1 billion in 2012. In Fiscal Year 2011, St. Lucie County and its partners received $627,909 in HOME funding, while in Fiscal Year 2012, the counties received $468,982. Similarly, CDBG funding was cut by nearly 12 percent, from $3.3 billion in Fiscal Year 2011 to $2.948 billion in Fiscal Year 2012. In Fiscal Year 2011, the County's cities received a total of $1,254,845, while in Fiscal Year 2012, they received $1,241,475. The seemingly low reduction in funding masks the fact that Fort Pierce faced a 22 percent reduction, while Port St. Lucie's allocation actually grew by 20 percent. HUD explains that this is due to changing demographics in each community as well as changes to the type of data they use to make their funding decisions. Due to sequestration and the decision by Congress to pass a Continuing Resolution for FY 2013, the CDBG formula program will be funded at $3.1 billion. This is a small increase from FY 2012 due to the fact that it includes $300 million in funding that was removed from the program to be allocated towards the emergency supplemental bill for Sandy recovery. The HOME program will see a cut of roughly $50 million from FY 2012 to $950 million for FY 2013. RECOMMENDED POSITION: Support continued adequate funding for future fiscal years for both the Community Development Block Grants and the HOME Investment Partnerships programs because of their critical role in the County's overall efforts to support those that are least fortunate. W M 0 N r+ c d E z U ca r Q Page 19 Packet Pg. 76 6.C.1.a SAT-011WN 0E COUNTY F LORI D A ''0 VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Property Assessed Clean Energy Legislation BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Property Assessed Clean Energy (PACE) programs aim to support energy efficiency and clean energy investments by homeowners, eliminate the upfront cost barriers of those investments, and ensure that current and future homeowners fairly share the costs and benefits of the improvements. PACE is a financing tool that allows a homeowner to receive low -interest financing for energy efficiency and renewable energy improvements, thereby saving that homeowner money on their utility bills. PACE financing is repaid through a voluntary long-term assessment on a homeowner's property taxes over a 15- 20 year time period. If a homeowner sells their property, the repayment obligation, as well as the benefits of the energy improvements, transfers to the next homeowner. In 2010, Fannie Mae and Freddie Mac chose to stop underwriting mortgages with PACE assessments. Because they underwrite nearly ninety percent of new mortgages, this has brought very successful PACE programs to a halt. The PACE Assessment Protection Act introduced in the 112t' Congress would restore the right of local governments to establish PACE programs and would require that local governments follow prudent standards to ensure that homeowners can afford any PACE assessments. The legislation also protects Fannie Mae and Freddie Mac from potential losses. The legislation has nearly 50 co-sponsors, including both Democrats and Republicans in Florida. In the Senate, Senator Boxer (CA) introduced legislation in the 11 Ph Congress. Sen. Bennett (CO) sought to take the lead on this issue in the 112t` Congress in the Senate. RECOMMENDED POSITION: Support legislation that would allow for the creation of PACE -style programs in St. Lucie County and Florida. NOTES: W M T 0 N r+ C GN E t V 2 r r Q Page 20 Packet Pg. 77 6.C.1.a SAT-011WN 0E COUNTY F LORI D A ''0 VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Offshore Energy Exploration BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Active offshore energy drilling currently occurs in both the western and central Gulf of Mexico. However, nearly the entire eastern Gulf is protected from drilling until 2022 by the Gulf of Mexico Energy Security Act of 2006. Drilling does not yet occur off of the Atlantic coast of Florida. State waters in the Atlantic extend three miles from shore. The federal government controls waters beyond that point. In the 112t` Congress, the House of Representatives voted to dramatically expand offshore oil drilling in an effort to lower gas prices and increase domestic revenue. Specifically, the House passed three pieces of legislation that would reverse all current oil moratoriums, require the Department of Interior to revisit oil projects that were rejected after the Deepwater Horizon spill, and make acreage of the Outer Continental Shelf that is currently unavailable to lease available for drilling, including the eastern Gulf of Mexico and the Atlantic Coast. Similar legislation was introduced in the Senate, but it failed to receive the necessary votes to be considered. Late in 2011, the Administration proposed its OCS Oil and Gas Leasing Program for 2012-2017. Within the program, the Administration does not propose to lease any areas in the Atlantic for oil and gas drilling. It does, however, indicate that there is "ongoing seismic analysis to determine resource potential" in the Atlantic. In response to the plan, 180 members of Congress from both political parties sent a letter to the Administration asking that they open up more areas of the OCS to drilling, including areas off the Atlantic coast of Virginia. Four members of the Florida House delegation signed the letter. If this policy is accepted, these drilling leases would be the first granted by the federal government on the Atlantic seaboard since the early 1980's, and could open the door for an expansion of drilling on the Eastern seaboard. Currently, the Administration has only conducted oil and gas leasing auctions for areas in the western Gulf of Mexico, and has scheduled them for the central Gulf in March of 2013. The Administration currently has not indicated that it intends to lease the aforementioned areas on the Atlantic Coast, but this could change with continued pressure from Congress. RECOMMENDED POSITION: Monitor the potential expansion of offshore energy exploration in Florida's Federal waters. NOTES- Cn M 0 N r+ c d E t U ca r Q Page 21 Packet Pg. 78 6.C.1.a SAT-011WN 0E COUNTY F LORI D A ''0 VAN SCOVOC ASSOCIATES FEDERAL ISSUE: Public Pension Reform BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The sponsors of the Public Employee Pension Transparency Act (Rep. Nunes of CA and Sen. Burr of NC), have stated that public pensions are significantly underfunded and are aiming to ensure what, in their opinion, will be more realistic asset projections compared with expected liabilities. Specifically, the legislation would require additional reporting of assets and liabilities and more significantly, require that assets in a public plan such as the Florida Retirement System (FRS) are projected to grow at the rate of Treasury securities instead of more optimistic projections tied to historic stock market indices, thereby greatly increasing plan liabilities. This might require projected growth rates of less than 1 percent annually instead of growth rates of 7.75 percent, which is what the Florida Retirement System used between 2009 and 2011. The legislation would also disallow any future federal bailout of public pension plans, and would penalize local governments that do not comply with the disclosure requirements of the bill by removing the tax -exemption on their bonding authority. Ultimately, the legislation would likely make local government participation in pension plans more expensive, yet it would also aim to make them more secure. In 2012, Sen. Orrin Hatch (UT), the Ranking Member of the Senate Finance Committee, released a report saying that public pension debt "threatens America" and that "defined benefit pension plans are inappropriate for state and local governments." He concluded his report by stating his intention to introduce a legislative solution in the future. Rep. Nunes has begun to seek cosponsors for this legislation in the 113t' Congress, and it is expected that it will also be reintroduced in the Senate. RECOMMENDED POSITION: Monitor federal legislative proposals related to public pensions, e.g., the Public Employee Pension Transparency Act, which could significantly impact the Florida Retirement System. NOTES- W M T 0 N r+ C GN E t V 2 r r Q Page 22 Packet Pg. 79 6.D.1 ITEM NO. (ID # 1151) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Diana Wesloski, Housing Manager Housing Services Division loth Street Road Construction DATE: 04/02/2013 *CONSENT AGENDA\COMMUNITY SERVICES St. Lucie County was granted $8,058,428 in Community Development Block Grant (CDBG) funds for recovery projects as a result of Tropical Storm Fay. The County has partnered with Fort Pierce and Port St. Lucie to coordinate five infrastructure projects. The 10t" Street Road Construction project went out to bid on January 29, 2012 to 635 vendors. Five (5) responses were received. The lowest responsive responsible bidder was Dickerson Florida, Inc. in the amount of $2,051,534.00. Each change order has been reviewed and approved for payment by Fort Pierce Engineering Department. The maximum amount of the grant allocation for the 10th Street project is $1,490,455 and any additional expenses will be paid by the City of Fort Pierce per the First Amendment to the Interlocal Agreement. Change order number three in the amount of $20,474.17 is for drainage and sewer changes, sidewalk and signal adjustments, additional work at the Orange Avenue Intersection, concrete collars, and other related work, as outlined in the attached copy of change order request number three. Previous change order requests have totaled $102,172.14. Per the St. Lucie County Purchasing Manual, contract change orders in excess of $50,000 must be approved by the Board. PREVIOUS ACTION: March 23, 2010 - Board approval of the interlocal agreements with Fort Pierce and Port St. Lucie. March 20, 2012 - Board approval of Bid No. 12-013 to Dickerson Florida, Inc. October 16, 2012 - Board approval of change order No. 2 in the amount of $69,462.39. FINANCIAL IMPACT: 001519-5420-581090-500 - Community Development Block Grant Diaster Recovery Initiative (CDBG DRI) 001544-5420-581090-500 - Community Development Block Grant Disaster Recovery Enhancement Fund (CDBG DREF) RECOMMENDATION: Packet Pg. 80 6.D.1 Board approval of change order number three as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Faye W. Outlaw, MPA 4/0/LUIJ County Administrator, ICMA-CM Coordination/Signatures yder, Director 3/21/2013 )'�1)14 , �ani 5, McInt re �our,t Attorne 3 21 2013 Y Y Y / I r . Updated: 3/21/2013 4:18 PM by Shane A. De Witt A Page 2 Packet Pg. 81 (uol;ona;suoD peoN jeej;S 4j06 : £#;senbeN aap o 96uey3 :;uawLIoe;;y DICKERSON FLORIDA, INC. Post Office Box 910 Fort Pierce, FL 34954-0910 CHANGE ORDER # 3 CONTRACT DATE: 3/20/12 DATE OF C/O: 3/6/2012 TO: St. Lucie County JOB: C12-03-115 Housing and Community Services Department 10th Street 437 North 7th Street Roadway Fort Pierce, FL 34950 Reconstruction Request No. OTY UNIT DESCRIPTION UNIT PRICE EXTENSION 10 1.00 LS Drainage changes $ 4,441.25 $ 4,441.25 11 1.00 LS Sewer changes $ 2,550.63 $ 2,550.63 12 1.00 LS Orange Avenue Intersection $ 3,665.20 $ 3,665.20 13 1.00 LS Revision to sewer location $ 480.70 $ 480.70 14 1.00 LS Sewer downtime / drainage rev. $ 765.70 $ 765.70 15 1.00 LS concrete collars $ 1,208.79 $ 1,208.79 16 1.00 LS Sidewalk and signal adjustments $ 3,219.93 $ 3,219.93 17 1.00 LS Split covers fabricate / install $ 990.22 $ 990.22 18 1.00 LS Additional water / sewer work $ 1,919.50 $ 1,919.50 19 1.00 LS Additional driveway $ 1,232.25 $ 1,232.25 $ - $ - TOTAL 20,474.17 AMOUNTS: ORIGINAL CONTRACT: PRESENT CONTRACT: ADD or (DELETE): NEW CONTRACT: $ 2,051,534.00 $ 2,153,706.14 $ 20,474.17 2,174,180.31 DAYS: 42 C.O. days 5 weather days 47 days total ACCEPTED: City of Fort Pierce ACCEPTED: DICKER N F IDA, INC. SIGN: SIG . NAME/TITLE: Tracy S. Telle, Asst. City Engineer Larry Thale. DATE: — — \ DATE: ITEM NO. (ID # 1152) J COUNTY ` R I ID A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: Engineering Services — D9 Canal Project BACKGROUND: DATE: 04/02/2013 *CONSENT AGENDA\COMMUNITY SERVICES St. Lucie County was granted $8,058,428 in CDBG DRI funds for recovery projects as a result of Tropical Storm Fay. The County has partnered with Fort Pierce and Port St. Lucie to coordinate five infrastructure projects. On October 6, 2010, responses from RFQ No. 10-058, Professional Engineering Services for the D9 Canal Improvement Project were opened. Notification of RFQ No.10-058 was sent to 850 companies and 73 RFQ documents were distributed and eleven proposals were received. On December 14, 2010, the Board approved the short-list of firms for Professional Services, and granted permission to conduct oral presentations, contract negotiations and award contract to the successful short- listed firm. Engineering Design and Construction (EDC) was chosen to provide engineering services for the D9 Canal Project. On October 23, 2012, the Board approved the termination of the construction contract with Arbor Tree and Land, Inc. The remainder of the project was re -bid. This requires EDC to provide ongoing construction inspection services and geotechnical testing throughout the remainder of the project. EDC is requesting an additional $87,330. Previous change order requests have totaled $49,387. Per the St. Lucie County Purchasing Manual, cumulative contract change orders in excess of $50,000 must be approved by the Board. PREVIOUS ACTION: December 14, 2010 - Board approval of the short-listed firms for Professional Services and permissions to conduct oral presentations with the short listed firms, conduct contract negotiations with the successful short-listed firm, and award contract to the successful short-listed firm. FINANCIAL IMPACT: 001519-5420-581085-500 — Community Development Block Grant Diaster Recovery Initiative (CDBG DRI) RECOMMENDATION: Board approval of change order number four as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. Packet Pg. 83 6.D.2 COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coordination/Signatures �;yd e 2r, Director 3/21/2013 ianiqf 2S.M"cIntyre,/Couy Attorney 3/21/2013 Updated: 3/21/2013 4:19 PM by Shane A. De Witt Page 2 Packet Pg. 84 6.D.2.a E ENGINEERING DESIGN & CONSTRUCTION, INC. D1934 Tucker Court Fort Pierce, FL 34950 Cphone:772-462-2455 fax: 772-462-2454 March 11, 2013 Steve Jungjohan Project Manager City of Port St. Lucie Department of Public Works 900 SE Ogden (Lane Port St. Lucie, FL 34983 Subject: Proposal for D-9 Canal Extended Construction Service Port St. Lucie, Florida Amendment #3 Dear Mr. Jungjohan, File # 11-201 I have developed a scope of Professional Engineering Services necessary to support the City of Port St. Lucie (CITY) for extended service during construction to include additional geotechnical services for the testing of the D-9 Canal Improvements. The requested changes are outlined in Attachment A for D-9 Canal Extended Construction Services. In general, this amendment extends our services from April 1, 2013 to September 30, 2013. Please keep in mind that this schedule is based on the timing of the construction contract. Funding source for this project is Community Development Block Grant (CDBG) Disaster Recovery Initiative Contract number 10DB-K4-10-66-01-K35. Please call me should you have any questions or comments about the proposal and if satisfactory I can proceed with forwarding to St. Lucie County for execution. Sincerely, Roderick J. Kennedy, P.E. Engineering Design & Construction, Inc. 11-201 Page 1 of 2 D-9 Canal AFS-4 March 11. 2013 Packet Pg. 85 6.D.2.a ATTACHMENT A D-9 Canal Extended Construction Services I. PROJECT DESCRIPTION The civil engineering services to be provided by ENGINEER for this project are to provide additional construction inspection services for the D-9 canal. This work scope includes geotechnical services. II. SCOPE OF SERVICES TASK 1 — ENGINEERING PROJECT CLOSE-OUT SERVICES ENGINEER will complete the project close-out for the proposed project. Final contractor pay requests, warranties, release of liens & surety will be coordinated for Owner turn -over. ENGINEER will help coordinate as -built review and all final documents between the contractor and Owner. It is estimated an additional six (6) weeks after construction is complete to finish the turn -over phase. TASK 2 — CONSTRUCTION PHASE SERVICES CONSULTANT wi'I provide construction observation of the project for approximately six (6) additional months. One (1/2) half-time field representative will be provided to monitor the work being performed. Project Manager is also assumed to be available for 4-hours/week for a six (6) month period. Services will be billed based on actual time expended, but shall not exceed the fee set for the construction services. The field representative will record daily progress in a log and on the drawings for progress tracking purposes and to ensure the Contractor's as -built survey is accurate. Progress reports will be completed daily. CONSULTANT will review and approve the Contractor's periodic payment. Deliverables for Task 2.0: 1. As requested, we can provide a copy of the daily inspection reports. TASK 3 — GEOTECHNICAL SERVICES CONSULTANT will provide geotechnical assistance for the testing at the D-9 construction site. Routine construction observation will be performed to witness the type of material being removed & replaced by the contractor and observe the contractors methodology for completion. Density tests will be performed as the projects moves towards completion. Test reports will be provided to the CLIENT. Task Description Sub -Consultant Fees ENGINEER's Fees Total Task Fees 1 Project C ose-Out $ 9,360.00 $ 9,360.00 2 Construction Services $57,720.00 $57,720.00 3 Geotechrical $18,000.00 $2,250.00 $20,250.00 Column Totals: $18,000.00 $69,330.00 $87,330.00 "Reimbursable expenses are included in the listed estimated fees. IN WITNESS WHEREOF, the CLIENT and ENGINEER have executed this Agreement the day and year indicated below. By execution of this Agreement, both the CLIENT and the ENGINEER agree to the conditions reflected in the attached proposal including the Special Provisions. As to ENGINEER Engineering Design & Construction, Inc. Roderic) J. Ken 1nedy, P.E. Dated: 3- `l J3 Engineering Design & Construction, Inc. 11-201 As to CLIENT St. Lucie County / City of Port St. Lucie cltra-9-:2 he+tf N(n� ./l'YC9wl3i«w.L/4.— Print Name ignature Dated: ,3 b'1113 Page 2 of 2 D-9 Canal AFS-4 March 11, 2013 Packet Pg. 86 6.D.3 ITEM NO. RES-2013-54 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Diana Wesloski, Housing Manager Housing Services Division DATE: 04/02/2013 *CONSENT AGENDA\COMMUNITY SERVICES State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) Every three years, jurisdictions receiving State Housing Initiative Partnership(SHIP) funding are required to adopt a Local Housing Assistance Plan (LHAP). Substantial changes to the LHAP are as follows: • Fiscal years covered • Requirement that counseling services are to be obtained by a HUD Certified Housing Counseling Agency • Increase in the maximum award amounts for housing repairs, reconstruction, and accessibility improvements PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval of the Resolution adopting the SHIP LHAP for FY 2013/2014, 2014/2015 and 2015/2016 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES- Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Packet Pg. 87 6.D.3 Fa —ye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coordination/Signatures 6-,.I:R:y;der, Director 3/21/2013 ianipf WtyreA.ou�Ay Attorney 3/21/2013 Updated: 3/26/2013 2:34 PM by Shane A. De Witt A Page 2 Packet Pg. 88 6.D.3.a ST. LUCIE COUNTY COUNTY '46 F L O R[ D A SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS COVERED 2n�r n1� nor 012, 2012/2013 2013/2014, 2014/2015, 2015/2016 State Housing Initiatives Partnership (SHIP) Program a Q x J a co M T N co W a Q x J r.+ c as E s M Q Packet Pg. 89 6.D.3.a HOUSING ASSISTANCE PLAN State Fiscal Years: 2010/2011, 2011/2012, 2012/2013 TABLE OF CONTENTS PAGE SECTION I PROGRAM DESCRIPTION A. Name of the Government and Interlocal participating local 3 B. Purpose of the Program 3 C. Fiscal Years 3 D. Governance 3 E. Local Housing Partnership 3 F. Leveraging 4 G. Public Input 4 H. Advertising and Outreach 4 I. Discrimination 4 J. Support Services 4 K. Purchase Price Limits 4 L. Income Limits, Rent Terms and Affordability 5 M. Welfare Transition Program 5 N. Monitoring and First Right of Refusal 5 O. Administrative Budget 6 P. Program Administration 6 Q. Essential Services Personnel 6 R. Green Initiatives 6 SECTION II. LHAP Housing Strategies 1. Homeownership — Purchase Assistance 2. Homeownership — Rehabilitation 3. Homeownership — Disaster Relief 4. Homeownership — Foreclosure Prevention Assistance SECTION III. LHAP Incentive Strategies A. Expedited Permitting B. Ongoing Review Process SECTION IV. EXHIBITS Exhibit A Administrative Budget Exhibit B Timeline for Encumbrance and Expenditure Exhibit C Housing Delivery Goals Charts (HDGC) Exhibit D Certification Page Exhibit E Adopting Resolution Exhibit F Program Information Sheet Page 2 Packet Pg. 90 6.D.3.a I. PROGRAM DESCRIPTION A. Name of the participating local government and Interlocal if applicable: St. Lucie County Interlocal: No X_ Name of participating local government(s) in the Interlocal Agreement: N/A B. Purpose of the program: Creation of the Local Housing Assistance Plan -is for the purpose of meeting the housing needs of the very low, low and moderate income households, to expand production of and preserve affordable housing, to further the housing element of the local government Comprehensive Plan specific to affordable housing and to provide matching funds to the HOME Investment Partnership Program. C. Fiscal years covered by the plan: X ''0'�112013/2014 X ''0'�122014/2015 X ''0'�132015/2016 D. Governance: The SHIP program was established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program furthers the Housing Element of the St. Lucie County Comprehensive Plan. Cities and Counties must be in compliance with these applicable statutes and rules. E. Local Housing Partnership: The SHIP program encourages building active partnerships amongst government, lenders, builders and developers, real estate professionals, advocates for low- income persons and community groups. St. Lucie County is particularly proud of its partnership with the St. Lucie County Lending Consortium. Any financial institution or mortgage company that agrees to send representatives to semi-monthly meetings, provide a special lending package and support homebuyer education classes may join the consortium and offer first mortgage loans to SHIP applicants. The Consortium lenders have agreed to reduce their application fees, provide fixed rate mortgages at a reduced rate, waive PMI on loans from 80% to 90% loan -to -value, and waive origination fees and/or points for SHIP applicants. When bond funding is available and can be used in the best interest of the SHIP applicant, origination fees and/or points may be required and paid from SHIP funding. SHIP applicants must have a pre - approval letter from a member of the St. Lucie County Lending Consortium prior to closing. Page 3 IL Q x J a_ x M T 0 N co w W a Q x J c as E s M Q Packet Pg. 91 6.D.3.a F. Leveraging: The LHAP is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. G. Public Input: Public input was solicited through face-to-face meetings with housing providers, social service providers and local lenders and neighborhood associations. Public input was solicited through the local newspaper in the advertising of the Notice of Funding Availability and posting the LHAP online for comments. H. Advertising and Outreach: St. Lucie County shall advertise the Notice of Funding Availability in a newspaper of general circulation serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no Notice of Funding Availability is required. I. Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, sexual orientation, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Support services are available from various sources. Available support services may include but are not limited to: Homeownership Counseling, Credit or Mortgage Delinquency Counseling and Budget Counseling. K. Purchase Price Limits: Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used by St. Lucie County is: x Bond Study Numbers provided by Florida Housing Finance Corporation Independent Study (copy attached) U.S. Treasury Department Page 4 Packet Pg. 92 6.D.3.a The purchase price limit for new and existing homes is shown on the Housing Delivery Goals Charts. Purchase prices for subsequent years will automatically adjust to the new bond study limits in effect without passage of a new resolution each year. L. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means the monthly rents or mortgage payment including taxes and insurance do not exceed 303-9 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an individual household's ability to devote more than 3039 percent of its income for housing, and housing for which a household devotes more than 30338 percent of its income shall be deemed affordable if the a first institutional mortgage lender is satisfied that the household can afford _J mortgage payments in excess of the 30% benchmark and in the case of rental i assistance does not exceed those rental limits adjusted for bedroom size.. v=i M. Welfare Transition Program: M Should an eligible sponsor be used, St. Lucie County has developed a N qualification system and selection criteria for applications for awards to eligible CO sponsors, which includes a description that demonstrates how eligible sponsors UJ that employ personnel from the WAGES and Workforce Development a Initiatives programs will be given preference in the selection process. _ J N. Monitoring and First Right of Refusal: r.+ In the case of rental housing, Housing Division staff will annually monitor and s determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, Housing Division staff may rely on such Q monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $3,000 or less shall not be subject to annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for 15 years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. O. Administrative Budget: A detailed listing including line -item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for Page 5 Packet Pg. 93 6.D.3.a each State fiscal year submitted. St. Lucie County finds that the monies deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan." Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5-percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs." St. Lucie County has adopted the above findings in the attached resolution, Exhibit E. P. Program Administration: Administration of the local housing assistance plan is the responsibility of St. Lucie County. Should a third party entity or consultant contract for all or part of the administrative or other functions of the program, detailed duties, qualifications and selection criteria must be provided to Florida Housing Finance Corporation. Q. Essential Services Personnel: "Essential Service Personnel" is defined as all persons who contribute to the growth and well being of the County. This includes but is not limited to any person employed by educational, governmental and human service agencies; health care personnel; public safety personnel; any skilled building trades personnel or food service personnel." R. Green Initiatives: On all rehabilitation and replacement projects, St. Lucie County is requiring the use of green, energy efficient materials. These materials include, but are not limited to, solar hot water heaters, high efficiency HVAC systems, low flow faucets and toilets. Page 6 Packet Pg. 94 6.D.3.a II. LHAP HOUSING STRATEGIES: A. Homeownership — Purchase Assistance a. Summary of the Strategy The Purchase Assistance Strategy provides down payment and closing costs to homebuyers purchasing homes within St. Lucie County. b. Fiscal Years Covered: 2010 20111 2011 2012, 2012 2013-2013/2014, 2014/2015, 2015/2016. C. Income Criteria: This strategy will serve residents with household incomes at or below 120 percent of the area median income as defined in Section 420.9071 F.S., which limits are published annually and distributed by the Florida Housing Finance Corporation for use in the SHIP program. 9 e. Maximum award is noted on the Housing Delivery Goals Charts: Income Level Maximum Award Very Low Income $25,000 0-50% AMI) Low Income $25,000 (51-80% AMI Moderate Income $25,000 (81%-120% AMI) Terms, Recapture and Default: Assistance to homeowners served under this strategy will be in the form of a deferred payment, zero percent interest loan secured by a lien on the property and forgiven in accordance with the following schedule: Level of Lien Period Amortization Assistance Under 5 years 20% per year $15,000 $15,000 to 10 years 10% per year $40,000 The portion of the SHIP award used to pay the County's project delivery fee shall constitute a grant to the homebuyer and shall not be included in the lien against the property. Direct assistance to the buyer will be recaptured if at any time prior to the end of the lien period, the property ceases to be the principle residence of the owner or title is transferred. In the event of death of the owner, the same principal applies if the property is transferred within the lien period. Page 7 Q Packet Pg. 95 6.D.3.a f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified, first assisted basis subject to funding availability. Housing counseling and completion of a Goun4 HUD -approved homebuyer education class is a requirement for all applicants of purchase assistance. All applicants must contribute at least $500 to the purchase of a new home. Extra Points Rankin First Time Home Buyers 20 Points Down -payment contribution above the required $500 5 Points Special Needs Households 20 Points (Maximum) Households which meet any of the following categories are considered special needs households: Elderly (62 or older) Large Family (five or more) Farm Worker Handicapped Disabled Single Parent A total of 45 points is possible. Funding will be awarded based upon total points in each income category as outlined above. g. Sponsor Selection Criteria: Not applicable. This strategy will be administered by the St. Lucie County Community Services — Housing Division according to SHIP rules and statutes. h. Additional Information: SHIP funds will be leveraged with institutional first mortgage lender financing and the homebuyer's private sources of funding. To complement the Purchase Assistance Strategy, the County or an eligible sponsor will offer a Housing Counseling/Homebuyer Education Program. Attendance is mandatory at the Homebuyer Education course and the applicant must provide the Certificate of Completion prior to being deemed income eligible for assistance. B. Homeownership - Rehabilitation a. Summary of the Strategy: This strategy provides for the repair of existing homes which are in substandard condition and may include the demolition and reconstruction if a home is beyond financial feasibility to repair. The strategy may also provide for handicap accessibility improvements or modifications in dwellings in standard condition. Page 8 Packet Pg. 96 6.D.3.a b. Fiscal Years Covered: 2010 2011z011 2012, 2012 2013 2013/2014, 2014/2015, 2015/2016. C. Income Criteria: This strategy will serve residents with household incomes at or below 120 percent of median income as defined in Section 420.9071 F.S., which limits are published annually and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award is noted on the Housing Delivery Goals Charts: Repair $40,00950,000 Reconstruction $75,00998,000 Accessibility Improvements $5,-009 15,000 e. Terms, Recapture, and Default: Assistance to homeowners served under this strategy will be in the form of a deferred payment zero percent interest loan secured by a lien on the property and forgiven in accordance with the following schedule: Level of Assistance Lien Period Amortization Under $15,000 5 years 20% per year $15,000 to $40,000 10 years 10% per year Over $40,001 to $60,000 15 years 6.67% per year Over $60,001 20 years 5% per year Funds will be recaptured according to the above schedule if the property ceases to be the principal residence of the owner or title is transferred within the lien period. In the event of death of the owner, the same principle applies if the property is transferred with the lien period. Assistance for accessibility improvements only will be provided in the form of a grant and will not be recaptured. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified, first assisted basis subject to funding availability. In compliance with established County policy, other selection criteria are as follows: • Applicants must be able to demonstrate the ability to pay property taxes, insurance, utilities, and mortgage payments if applicable. • First time applicants will be given priority over previously assisted persons. Exceptions may be made for eligible property owners in Page 9 Packet Pg. 97 6.D.3.a cases where living conditions threaten the personal health and safety of the household. • Applicants must be in good standing with the County (e.g. utility accounts and property taxes must be current and property must be free of code enforcement liens or any other assessments unless owner is actively working to clear such obligations). • Applicants must own and occupy the assisted home as their primary residence. If there are more eligible applicants then funds, those applicants will be ranked using the point scale below. Those with the highest score in their income category will be chosen first, and those with lower scores will be assisted next or placed on a waiting list for the next funding cycle. Degree of Emergency Roof failure, well and/or septic 3 points for each system failure system failure, plumbing and/or electrical failure. Special Needs Households 20 points Households which meet any of the following categories are considered special needs households: Elderly (62 or older) Large Family (Five or more) Farm Worker Handicapped Disabled Single Parent A total of 32 points is possible. Funding will be awarded based upon total points scored in each income category as outlined above. g. Sponsor Selection Criteria: Not applicable. This strategy will be administered by the St. Lucie County Community Services — Housing Division according to SHIP rules and statutes. h. Additional Information: SHIP funds may be leveraged with other funding sources if necessary. All rehabilitation and reconstruction shall be done in accordance with HUD Housing Quality Standards. C. Homeownership — Disaster Relief a. Summary of the Strategy The Disaster Relief Strategy provides assistance to households following a natural disaster as declared by the President of the United States or Governor of the State of Florida. This strategy will only be implemented Page 10 Packet Pg. 98 6.D.3.a in the event of a natural disaster using funds that have not yet been encumbered or additional disaster funds issued by Florida Housing Finance Corporation. Disaster Relief funds may be used for items such as, but not limited to: (a) purchase of emergency supplies for eligible households to weatherproof damaged homes; (b) interim repairs to avoid further damage; tree and debris removal required to make the individual housing unit habitable; (c) construction of wells or repair of existing wells where public water is not available; (d) payment of insurance deductibles for rehabilitation of homes covered under homeowner's insurance policies; (e) security deposit, rental assistance for the duration of Florida Office of the Governor for eligible recipients that have been displaced from their homes due to damage from the event; (f) other activities as proposed by the county and approved by Florida Housing. b. Fiscal Years Covered: 2014/2015, 2015/2016 C. Income Criteria: Households with annual income up to 120% of median income are eligible for assistance under this strategy and will be selected on a first come first served basis. d. Maximum award is noted on the Housing Delivery Goals Charts: The program provides moderate to substantial rehabilitation assistance on a first come, first served basis to low and moderate income homeowners in an amount not to exceed $25,000. e. Terms, Recapture, and Default: Assistance will be in the form of a grant and will not be recaptured. f. Recipient Selection Criteria: Assistance will be on a first qualified, first assisted basis to persons with damage from a federal- or state -declared disaster. Applications for this strategy will be given priority above others on a waiting list for other strategies. g. Sponsor Selection Criteria: Not applicable. This strategy will be administered by the St. Lucie County Community Services — Housing Division according to SHIP rules and statutes. Page 11 Packet Pg. 99 6.D.3.a h. Additional Information: This strategy will be funded and implemented only in the event of a natural disaster declaration using any funds that have not been previously encumbered in existing strategies. Assistance is leveraged with the applicants' own source of funds (e.g. insurance) and may be leveraged with other federal and/or state emergency programs. D. Homeownership - Foreclosure Prevention a. Summary of Strategy The Foreclosure Prevention strategy will provide assistance to qualified homeowners with retaining their home and preventing foreclosure action of the first mortgage. Applicants must be delinquent at least two full monthly mortgage payments, in receipt of a letter from the mortgagor notifying the applicant of delinquency and/or intent to foreclose. b. Fiscal Years Covered: 2010 20,�z011 2012, 2012 2013 2013/2014, 2014/2015, 2015/2016. C. Income Criteria: This strategy will serve residents with household incomes at or below 120 percent of median income as defined in Section 420.9071 F.S., which limits are published annually and distributed by the Florida Housing Finance Corporation for use in the SHIP program. d. Maximum Award is noted on the Housing Delivery Goals Charts: $5,000.00 toward eligible expenses. Eligible expenses include delinquent mortgage payments (principal, interest, taxes and insurance), attorney's fees, late fees and other customary fees associated with delivery costs (but excluding brokerage fees). e. Terms, Recapture and Default: All homeowners receiving assistance will be given a zero percent interest deferred loan. The term of each deferred loan is based as described below: Level of Assistance Lien Period Amortization Under $15,000 5 years 20% per year Funds will be recaptured according to the above schedule if the property ceases to be the principal residence of the owner or title is transferred within the lien period. In the event of death of the owner, the same principle applies if the property is transferred with the lien period. Page 12 Packet Pg. 100 6.D.3.a f. Recipient Selection Criteria: • This strategy is designed to assist individuals who have fully amortizing conventional mortgages; including but not limited to Rural Development, Federal Housing Administration and Veteran's Administration loans. No other mortgage products will be accepted. • Eligible households will be served on a first qualified, first assisted basis with preference given first to applicants below 80% of median household income. • Applicants may receive funding under this program only one time. • Applicants must attend and complete a Budgeting course through a HUD approved counseling agency. • Applicant must show ability to keep the house out of default, genuinely want to keep the house, and must show they can make monthly mortgage payments. • The home must not be listed for sale. • Foreclosure prevention applicants must show that the nonpayment of their mortgage is due to the following eligible reasons: o Loss of employment o Sudden medical expenses o Divorce or separation o Death in the family o Unforeseen home/vehicle repair bills h. Additional Information: SHIP funds may be leveraged with other funding sources if necessary. III. LHAP INCENTIVE STRATEGIES A. Expedited Permitting Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. Established policy and procedures: St. Lucie County's permitting process shall remain as it exists; however, if affordable housing projects begin to experience delays, beyond the normal permitting time frame and not related to developer changes, of more than four weeks on any phase of the permitting process, then such affordable housing projects will be processed ahead of other projects to be considered. For the purposes of expedited permit processes, affordable housing projects will be identified as those projects assisted with state or federal funds. B. Ongoing Review Process Established policy and procedures: Establishment of a process by which the local government considers, before Page 13 Packet Pg. 101 6.D.3.a adoption, the impact of proposed policies, procedures, ordinances, regulations, or plan provisions has upon the cost of housing. County staff is assigned the task of reviewing proposed regulations, which may significantly affect affordable housing in unincorporated St. Lucie County. County staff will report those findings and make recommendations to the Board of County Commissioners where appropriate. IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Signed Certification is attached as Exhibit D. E. Adopting Resolution: Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. Page 14 Packet Pg. 102 6.D.3.a /_197► I1►1[,91ZT-AIVIa 111Biel ONrgo] :aZMA[y:IaI,YfL1w/mr_1:4 Exhibit A ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit St. Lucie County Exhibit A Admin Budget: Fiscal Year 2013-2014 Salaries and Benefits $0.00 Office Supplies and Equipment $0.00 Travel, Workshops, etc $0.00 Advertising $0.00 Other $0.00 Total $0.00 Fiscal Year 2014-2015 Salaries and Benefits $0.00 Office Supplies and Equipment $0.00 Travel, Workshops, etc $0.00 Advertising $0.00 Other $0.00 Total $0.00 Fiscal Year 2015-2016 Salaries and Benefits $0.00 Office Supplies and Equipment $0.00 Travel, Workshops, etc $0.00 Advertising $0.00 Other $0.00 Total $0.00 a a x J d v A 0 N U) w a a x J c a� E CU Q Packet Pg. 103 6.D.3.a Exhibit B TIMETABLE FOR STATE FISCAL YEAR Name of Local Government: St. Lucie County Program Year 2015-2016 Activities Month 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 Advertise Availability of Funds x Application Period(On-Going) x x x x x x x x x x x x x x x x x X X X X X X Start Program Year x Annual Report x x x Mid -Year Review/Adjustments x End -Year Review/Adjustments x x x Encumbrance Deadline x Expenditure Deadline x Final Program Review x Directions: Type in the applicable years across the top line. List Program Activities down left hand side. Type in an "X" on applicable activity line under month and year the activity will be initiated or completed. At a minimum the following activities should be included: 1) Advertise availability of funds and application period 2) Encumbrance of funds (12 months following end of State Fiscal Year) 3) Expenditure of funds (24 months following end of State Fiscal Year). 4) Submit Annual Report to FHFC (September 15th) a Q x J LO Lii M O N LU W d Q J C CD E t V R Q Packet Pg. 104 6.D.3.a LHAP Exhibt C FLORIDA HOUSING FINANCE CORPORATION Please check applicable box HOUSING DELIVERY GOALS CHART New Plan: x STRATEGIES FOR THE LOCAL HOUSING ASSISTANCE PLAN FOR STATE FISCAL YEAR: 2013/2014 Amendment: Fiscal Yr. Closeout: Name of Local Government: St. Lucie County Estimated Funds: $0.00 A B C D E F Strategy# HOMEOWNERSHIP STRATEGIES (strategy title must be same as the title used in plan text. VLI Max. SHIP LI Max. SHIP MI Max. SHIP New Construction Rehab/Repair Without Construction Total Total Percentage Total Units From Plan Text Units Award Units Award Units Award SHIP Dollars SHIP Dollars SHIP Dollars SHIP Dollars B d New Construction 0 $98,000 0 $98,000 0 $98,000 $0.00 #DIV/O! 0 B d Rehabilitation 0 $50,000 0 $50,000 0 $50,000 $0.00 #DIV/O! 0 Ad Downpayment/ClosingCosts 0 $25,000 0 $25,000 0 $25,000 $0.00 #DIV/O! 0 Bd Accessibility Improvements 0 $15,000 0 $15,000 0 $15,000 Q D d Foreclosure Prevention 0 $5,000 0 $5,000 0 $5,000 $0.00 #DIV/0! 0 J Cd Disaster Relief 0 $25,000 0 $25,000 0 $25,000 $0.00 #DIV/0! 0 d Subtotal 1 (Home Ownership) 0 0 0 $0.00 $0.00 $0.00 $0.00 #DIV/O! 0 E to RENTAL VLI Max. SHIP LI Max. SHIP MI Units Max. SHIP New Construction Rehab/Repair without Construction Total Total Total Units M STRATEGIES Units Award Units Award Award SHIP Dollars SHIP Dollars SHIP Dollars SHIP Dollars Percentage $0.00 #DIV/0! 0 N $0.00 #DIV/O! 0 to $0.00 #DIV/01 0 LU $0.00 #DIV/01 0 d $0.00 #DIV/01 0 Q Subtotal 2 (Non -Home Ownership) 0 0 0 $0.00 $0.00 $0.00 $0.00 #DIV/01 0 J Administration Fees #DIV/O! Admin. From Program Income #DIV/O! Home Ownership Counseling I I #DIV/O! E t GRAND TOTAL $0.00 $0.00 $0.00 #DIV/01 v to 0 Am s„Ifttai, t s 2. Pws an M,i,. s Ho Cov sdmg 01 0 0 $0.00 Q Percentage Construction/Reh Calculate Constr./Rehab Percent. by adding Grand Total Columns A&B, then divide by Annual Allocation Amt. #DIV/O! Maximum Allowable Purchase Price: New Existing Allocation Breakdown Amount % Projected Program Income: Max Amount Program Income For Admin: $0.00 Very -Low Income #DIV/O! Projected Recaptured Funds: Low Income #DIV/0! I iDistribution: I 22-Mar-13 Moderate Income #DIV/01 I Total Available Funds: $0.00 TOTAL #DIV/0! I I I I I Packet Pg. 105 6.D.3.b RESOLUTION A RESOLUTION APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES, AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE CHAIRMAN TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BYTHE STATE; AUTHORIZING THE SUBMISSION OFTHE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (the ABoard@), has made the following determinations: The State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and, 2. The State Housing Initiatives Partnership (SHIP) Act, Sections 420.907-420.9079, Florida Statutes (2012), and Rule Chapter 67-37, Florida Administrative Code, require local governments to develop a one- to three-year Local Housing Assistance Plan outlining how funds will be used; and, The SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and, 4. The SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and, 5. As required by Section 420.9075, Florida Statutes, it is found that five percent (5%) of the local housing distribution plus five percent (5%) of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed ten percent (10%) of the local housing distribution plus five percent (5%) of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to ten percent (10%) of program income for administrative costs; and, 6. The Economic and Community Development Department has prepared a three-year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and, 7. The Board finds that it is in the best interest of the public for the County to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds. NOW THEREFORE, BE IT RESOLVED BYTHE Board of County Commissioners of St. Lucie County, Florida, as follows: a Packet Pg. 106 6.D.3.b ►� B. The Board hereby approves the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by Sections 420.907-420-9079, Florida Statutes, for fiscal years The Chairman, or Vice Chairman in the absence of the Chairman, is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan, and to do all things necessary and proper to carry out the term and conditions of said program. C. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY 2 a� a a x J c a� E c� Q Packet Pg. 107 ITEM NO. (ID # 1157) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Diana Wesloski, Housing Manager Housing Services Division DATE: 04/02/2013 *CONSENT AGENDA\COMMUNITY SERVICES Construction Services for D-9 Canal Drainage Improvements St. Lucie County was granted $8,058,428 in CDBG DRI funds for recovery projects as a result of Tropical Storm Fay. The funds were designated for 2010-2012 and for five (5) infrastructure projects. On March 23, 2010, the Board approved an interlocal agreement between St. Lucie County and the City of Port St. Lucie to provide funding for D-9 Canal Drainage Improvement project. The Federal Davis Bacon Act that establishes the requirement for paying the local prevailing wages on public works projects applies to this award. The D9 Flood and Drainage project went out to bid on December 16, 2012 to 54 vendors. Three (3) responses were received. The lowest responsive responsible bidder was Guettler Brothers Construction. Local preference is not permitted under CDBG regulations. PREVIOUS ACTION: December 22, 2009 - Board approved submission of grant application. March 23, 2010 - Board approved the Interlocal Agreement with the City of Port St. Lucie. FINANCIAL IMPACT: 001519-5420-581085-500 - Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) RECOMMENDATION: Board authorization to award Bid No. 13-019 for construction services to Guettler Brothers Construction for the D-9 Canal Drainage Improvement project funded under CDBG DRI, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 108 6.D.4 RESULT: ADOPTED [4 TO 01 MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Tod Mowery, Chris Dzadovsky, Paula A. Lewis, Kim Johnson ABSTAIN: Frannie Hutchinson CONCURRENCE: aye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coord i nation / Sig natures yder, Director 3/21/2013 )WdAgani S. Mdnit re YAttorneY 3 22 2013 Updated: 3/27/2013 4:38 PM by Missy Stiadle C Page 2 Packet Pg. 109 6.D.4.a BOARD OF _ COUNTY - COMMISSIONERS COUNT!�� i TABULATION SHEET - BID #13-019 D-9 CANAL DRAINAGE IMPROVEMENTS OPENED: JANUARY 16, 2013 AT 3:00 PM Three (3) submittals were received for subject proposal: PURCHASING DEPARTMENT BASE BID ALTERNATE BID PUBLIC ITEMS CONSTRUCTION BOND GUETTLER BROTHERS CONSTRUCTION, Ft. Pierce, FL $ 1,504,556.00 $ 457,592.00 $ 20,000.00 Phone: 772-461-8345 Fax: 772-461-8039 SUNSHINE LAND DESIGN, INC., Stuart, FL Phone: 772-283-2648 $ 1,722,234.91 $ 377,031.39 $ 41,985.33 Fax: 772-283-8944 SHORELINE FOUNDATION, INC., Pembroke Park, FL $ 2,638,596.10 $ 684,710.50 $ 31,00.00 Phone: 954-985-0460 Fax: 954-985-0462 Number of companies notified*: 690 Number of bid documents distributed*: 54 Number of bids received: 3 *per demandstar.com r a Packet Pg. 110 6.G.1 ITEM NO. (ID # 1147) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: 04/02/2013 AGENDA REQUEST *CONSENT AGENDA\HUMAN RESOURCES BOARD OF COUNTY COMMISSIONERS George Landry, Employee Safety & Risk Manager Employee Safety & Risk Division Corizon Inmate Health Care Invoice No. CZN000012457 Corizon Health Services acts as a third -party administrator for St. Lucie County Jail inmate healthcare. Corizon manages, administers, and pays for inmate HIV medications and offsite services for inmates at the County Jail. Corizon has submitted their Invoice Number CZN000012457 (Attachment A) in the amount of $67,351.41 and is requesting reimbursement from the County for January 2013 inmate HIV medication costs. Per F.S. 901.35, the medical services provider shall be reimbursed from the general fund when no other source of payment is avialable. PREVIOUS ACTION: February 19, 2013 BOCC Approved payment for December 2012 HIV invoice of $37,613.05. December 18, 2012 BOCC Approved payment for November 2012 HIV invoice of $48,896.39. FINANCIAL IMPACT: 001-2300-531300-200 Inmate Medical Expenses RECOMMENDATION: Staff recommends Board approval for payment of Corizon Health Services invoice number CZN000012457 for Inmate HIV medications for January 1, 2013 through January 31, 2013 in the amount of $67,351.41. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Packet Pg. 111 6.G.1 Fa —ye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coordination/Signatures 0C '4v74 p.A�- Raymore, Direc r o Human Resources 3/21/2013 ianipfS. &McIntyreA.ou Attorney 3/21/2013 Updated: 3/25/2013 9:38 AM by George Landry Page 2 Packet Pg. 112 6.G.2 ITEM NO. (ID # 1149) J DATE: 04/02/2013 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\HUMAN RESOURCES TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: George Landry, Employee Safety & Risk Manager SUBMITTED BY: Employee Safety & Risk Division SUBJECT: Corizon Inmate Health Care Invoice No. CZN000012459 BACKGROUND: Corizon Health Services is a third party administrator for County Jail inmates health care and manages and pays for offsite (outside of jail) utilization of medical care. The County then reimburses Corizon for the invoices Corizon has paid. The County contract requires the County to pay for inmate medical services, whenever an inmate has no viable method of paying for medical services. Corizon has submitted invoice number CZN000012459 (attachment A) for FY-2012 Inmate Utilization of medical costs for claims through September 2012 totaling $106,726.11 and is requesting reimbursement from the County. This invoice was not billed to the County until now, due to Corizon receiving claims from providers after the end of the fiscal year. This is the second invoice the County has received after the end of the fiscal year. This invoice will be paid out of the FY-2013 Budget. Inmate utilization of medical services costs for FY 2012, including the attached invoice, now totals $2,206,367.99 PREVIOUS ACTION: February 19, 2013 BOCC Approved payment of FY-2012 Utilization Aggregate in the amount of $413,891.61. FINANCIAL IMPACT: 001-2300-531300-200 Inmate Medical Expenses RECOMMENDATION: Staff Recommends Board approval for payment of Corizon Health Services invoice number CZN000012459 for FY-2012 Inmate Utilization of Medical Services costs in the amount of $106,726.11. COMMISSION ACTION: Packet Pg. 113 6.G.2 RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coord i nation / Sig natures OA(2 , C,-34jj Raymore, Direc r o Human Resources 3/25/2013 Marie do D 3/25/2013 kani(j S. McIntyre, ou y Attorney 3/25/2013 Updated: 3/25/2013 11:08 AM by George Landry Page 2 Packet Pg. 114 6.J.1 ITEM NO. (ID # 1141) J DATE: 04/02/2013 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Charlotte Bireley, Tourism & Venues Manager SUBMITTED BY: Tourism & Venues Division SUBJECT: Waiver of Fenn Center Facility Rental Fees for the Phil Chalmers Assembly Presentation BACKGROUND: Phil Chalmers is America's leading authority on juvenile homicide and juvenile mass murder and has held numerous speaking engagements throughout the country addressing this concerning issue. Mr. Chalmers is regarded as an expert in school violence and anti -bullying and has been studying youth culture for 25 years. He is an expert in youth behavior, youth culture, and youth entertainment. Mr. Chalmers is planning a series of speaking engagements in St. Lucie County. On Thursday, May 2, 2013, Mr. Chalmers will engage the local community with a presentation at the Havert L. Fenn Center. The event has broad public benefit and is being led by the St. Lucie County Roundtable and sponsored by several governmental agencies, including the St. Lucie County Board of County Commissioners. The BOCC unanimously endorsed their support of this event at the Informal Meeting on Thursday, March 14, 2013. It is requested that the BOCC waive the fee for the rental of the Fenn Center in the amount of $675. This fee can be waived by the BOCC pursuant to section B8b in "Attachment A" of Resolution No. 12-047. Additional costs for County staff and equipment will be paid by the renter. Please note: If the rental fees are waived, the amount of rental fees waived to date at the Fenn Center for fiscal year 2013 will total $2,325. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Packet Pg. 115 6.J.1 Board approval to waive $675 in facility rental fees for the Phil Chalmers Assembly Presentation at the Havert L. Fenn Center COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coordination/Signatures Edward Matthews, DXecc r /_��311�9/201i R�anieli S. McIntyre, ou ty Attorney 3/19/2013 Updated: 3/21/2013 3:26 PM by Faye W. Outlaw Page 2 Packet Pg. 116 6.J.1.a RESOLUTION NO. 12-047 A RESOLUTION APPROVING THE ST. LUCIE COUNTY FACILITY USE POLICY ATTACHED HERETO AND MADE A PART HEREOF AS "ATTACHMENT A" AND REPEALING RESOLUTIONS NO. 11-169, 08-321, 08-346, 07-222, 07-303, 07-304, 06-019, 06-020, 02-004, 01-304 , 00-083, and 96-236 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On October 28, 2008, the Board of County Commissioners approved Resolution No. 08-321 adopting a uniform policy for use of non -recreational County facilities by governmental agencies, non-profit organizations or other groups; and 2. On November 1, 2011, the Board of County Commissioners approved Resolution 11-169 amending the Facility Use Policy to include recreational facilities; and 3. The use of County facilities, especially after business hours, impacts costs related to utilities, equipment, housekeeping, and security, as well as staffing costs and workload; and 4. The Havert L. Fenn Center and the St. Lucie County Fairgrounds have the potential to offset operating costs through rentals to local groups and citizens and to stimulate the local economy as venues for attracting events from outside the Treasure Coast; and 5. It is in the best interest of the health, safety, and welfare of the citizens of St. Lucie County, Florida to establish a facility use policy which amends and consolidates prior facility use policies. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. Resolutions No. 11-169, 08-321, 08-346, 07-222, 07-303, 07-304, 06-019, 06-020, 02-004, 01-304 , 00-083, and 96-236 are repealed. 2. The amended St. Lucie County Facility Use Policy is approved. 3. This resolution shall take effect upon adoption. After motion and second, the vote on this resolution was as follows: Chairman Chris Dzadovsky AYE Vice -Chairman Tod Mowery AYE Commissioner Frannie Hutchinson AYE Packet Pg. 117 6.J.1.a Commissioner Paula Lewis Commissioner Chris Craft AYE AYE PASSED AND DULY ADOPTED this 3 day of April, 2012. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUN"0111) BY: Chair an APPROVED STO FORM//A RRECTNESS: BY: �Vj County Attorney Packet Pg. 118 6.J.1.a Exhibit A — Resolution 12-047 St. Lucie County Facility Use Policy Adopted April 3, 2012 A FACILITY USE REQUIREMENTS 1. The Board of County Commissioners (BOCC), its members, County Departments or programs, BOCC advisory committees and Constitutional Officers have priority for use of County facilities, including recreational facilities, for County business. 2. Written procedures for facility use, consistent with this policy, shall be established by the County Administrator or designee. The County reserves the right to impose any additional regulations or procedures, whether or not expressly provided herein, which may be in the best interest of the County and operation of its facilities and to deny use of a facility when the proposed use of the space is not appropriate for the facility or does not comply with these polices or procedures. 3. Any organization or individual denied use of a facility may appeal the denial to the County Administrator in writing within 10 business days of the denial. a. The County Administrator will render a decision on the appeal in writing within 5 business days. b. If the denial is upheld by the County Administrator, the organization or individual may appeal to the BOCC within 5 business days of the County Administrator's denial. Such appeal must be in writing and outline the basis for the appeal. C. The appeal will be placed on an agenda for a regularly scheduled meeting of the BOCC within 14 business days of receipt of the appeal. d. Organizations and individuals may not appeal fees, other charges or policies and procedures. 4. Permission for use of a County facility does not imply County endorsement of the views, opinions, policies or activities of groups or organizations using the facility. Any announcement or publicity implying such endorsement is prohibited. The County is not responsible for the accuracy, use or consequence of statements made during use of a facility. 5. Nonprofit organizations, for -profit corporations and individuals are required to provide a certificate of insurance naming St. Lucie County BOCC as an additional insured for coverage and limits specified by Risk Management, in consultation with the County Attorney. Packet Pg. 119 6.J.1.a a. Insurance requirements may be waived for private meetings and events at which no alcoholic beverages will be served and with an expected total attendance of 40 people or less. b. Insurance requirements for catering, concessions and serving alcoholic beverages may not be waived. 6. All organizations and individuals using a County facility shall execute a facility use agreement or contract approved by the County Attorney. The County Administrator or designee(s) is authorized to execute facility use agreements/contracts that are consistent with this Policy. 7. Any activity in a County facility will be conducted according to applicable laws, rules, regulations and ordinances. Any individual or organization which fails to comply with the laws, rules, regulations, ordinances, County policies and procedures and/or terms of the facility use agreement or contract, including required payments when due, may be prohibited from using County facilities for a period of time in the future at the discretion of the County Administrator. The County Administrator's decision maybe appealed to the Board of County Commissioners per Paragraph 3 of this Policy. 8. Alcoholic beverages may be served at events, contingent upon the applicant receiving approval of the County Administrator or designee and payment of an additional fee or as required by a contract between the County and a vendor. The applicant must provide copies of all required permits prior to the event and must meet insurance requirements as specified by Risk Management and the County Attorney. a. Persons must be at least 21 years of age to possess or consume alcohol and identification must be checked as required by law. b. The County assumes no responsibility forthe improper or illegal serving of alcoholic beverages during use of a County facility. Additional staffing or security may also be required. C. The County Administrator's decision may be appealed to the Board of County Commissioners per paragraph 3 of this policy. B. FACILITY USE FEES 1. Awritten facility use fee schedule, including but not limited to, additional charges for staff, supplies, equipment and deposits, will be established by the County Administrator or designee. Fees for facility use shall be based on a comparison of rates charged for similar Packet Pg. 120 6.J.1.a facilities by other local governmental entities. Fees should offset the operational costs incurred by the County in providing use of the facilities. 2. Even if the facility use fee is waived or reduced, the user is responsible for paying County expenses for facility use, including but not limited to, staff, contract labor, security personnel, equipment and supplies. If staff is required to be present for more than one hour during normal business hours, staff charges shall be paid by the user. 3. Except as noted, St. Lucie County nonprofit and local governmental organizations will receive a 50% reduction of the facility use fee paid by for -profit organizations for use of non -recreational facilities. 4. Except as noted, St. Lucie County nonprofit and local governmental organizations will receive a 25% reduction of the facility use fee paid by for -profit organizations for recreational facilities. As determined by the County Administrator, these facilities include, but are not limited to, Digital Domain, South County and Lawnwood stadiums, community centers and pools. 5. The Havert L. Fenn Center and the St. Lucie County Fairgrounds are designated venues of the BOCC, intended to stimulate the local economy by attracting large events and/or users from beyond the Treasure Coast. a. Use of these facilities by local governmental organizations should be judicious and flexible. b. The following organizations will receive a 25% discount on the facility use fee paid by for -profit organizations: i. Active nonprofit organizations which have received tax exemption under Section 501(c)(3) orothersection of the Internal Revenue Service (IRS) Code which allows donations to the organization to be tax deductible as charitable donations; and ii. Local governmental organizations. 6. No facility use fees will be charged to Designated Youth Sports Providers for use of County athletic fields for practices and games. a. A Designated Youth Sports Provider shall meet the following criteria: Active status as a nonprofit organization located in St. Lucie County per the Florida Department of State, Division of Corporations. Packet Pg. 121 6.J.1.a ii. Compliance with the rules and guidelines of a nationally -recognized youth sports organization such as Little League Baseball and Softball, Inc., Pop Warner Little Scholars, Inc. or American Youth Football, Inc. iii. Inclusive approach for all youth who meet basic age, health and related requirements. Try -outs are not a requirement and/or participants are not limited, selected or recruited based on higher levels of skill. Travel teams are typically not Designated Youth Sports Providers. iv. Documentation is provided that coaches and assistant coaches are trained volunteers who have been cleared by a background screening against state and federal sexual offender and sexual predator registries in compliance with FS 943.0438, as it may be amended. b. Additional criteria may be imposed by the County Administrator to ensure that Youth Sports Providers comply with requirements of local, state and national laws and regulations and to ensure that the intent of the Board in designating Youth Sports Providers is met. C. Youth Sports Providers will execute and maintain current facility use agreements with the County. d. If staff is requested or required to be present for games or practices for more than an hour during work hours, additional charges will apply. Additional charges will also apply for tournaments and other special events, including lighting. 7. With the approval of the County Administrator or designee, facility use fees may be waived or reduced for: a. Organizations executing a written partnership agreement with the County to provide needed or desired services and/or contributions in lieu of the facility use fee. The estimated value of such services or other contributions shall be similar to the value of fees being waived or reduced. A partnership agreement may not be used in lieu of payment for staff or equipment charges associated with any use. b. The Treasure Coast Sports Commission and other organizations providing major events which generate or can reasonably be expected to generate a minimum of 200 hotel room nights and/or $300,000 of economic impact. Negotiated terms should be in relative proportion to the expected local economic impact and/or hotel room nights. 8. Facility use fees may be waived by the Board of County Commissioners for: a. A program or event which will provide services which are a public benefit and are available to all citizens of St. Lucie County. The program or event must be provided by a St. Lucie County nonprofit organization which has received tax exemption Packet Pg. 122 6.J.1.a under Section 501(c)(3) of the IRS Code or other section of the IRS Code which allows donations to the organization to be tax deductible as charitable donations; b. A program or event sponsored by a local governmental agency which will provide services which are a public benefit and which are available to all citizens of St. Lucie County; or C. A program or event which is a fundraiser for an organization which provides services which are available to all citizens of St. Lucie County and which are a public benefit. d. Fees for staff, supplies and equipment may not be waived. e. Organizations seeking a waiver of the facility use fee by the Board of County Commissioners must contact the appropriate Department Director as soon as possible for a determination of eligibility. If the Director determines the organization is eligible for a waiver of the facility use fee, the Director will place the request on the agenda for a regularly -scheduled Board meeting. 9. Fees for equipment that are part of a facility use agreement may not be waived. Lending of County equipment and supplies is also prohibited except as noted below: a. The County may lend equipment to local governmental entities, with the exception of the MSM3600 Showmaster Mobile Sound Shell Stage for which the rental fee must be paid by all entities and individuals, including local governments. b. The County Administrator may approve the lending of equipment to organizations (nonprofit or for -profit) if needed to protect public health, safety and welfare during an emergency. 10. Revenue generated by facility use fees will be credited to the Department managing the facility and incurring the expenses. 11. To be eligible for reduced rates, it is the responsibility of each organization to provide timely documentation of nonprofit, 501(c)(3) or other eligible IRS status. Groups which cannot provide such documentation must pay applicable fees. The fee reduction does not apply to staff, equipment, supplies or deposits. S:\ATTY\RESOLUTIONS\2012\12-047. wpd Packet Pg. 123 6.J.2 ITEM NO. (ID # 1154) J DATE: 04/02/2013 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Charlotte Bireley, Tourism & Venues Manager SUBMITTED BY: Tourism & Venues Division SUBJECT: SEAL Museum Grant Agreement Payout BACKGROUND: In September 2010, the County entered into a 5-year Grant Agreement (C10-07-320) with the SEAL Museum to allocate future TDC capital funds generated from the 33% of the fifth cent Tourist Development Tax. As per the Grant Agreement, the County has paid regular monthly payments to the SEAL Museum in the amount of $7,632.08 in accordance with amortization table for the construction loan that was received by the museum in order to fund an 8,500 square foot expansion. The agreement was not to exceed $470,000 including interest. A per section 4a of the Grant Agreement, it states that "After the first year of the term, the County shall have the right to prepay the principal amount of the loan in whole or in part. " By April 15, 2013, the SEAL Museum's loan payout amount will be $231,156.73 with a daily interest amount of $34.1156. The County currently has a balance of $250,339 in reserves of the 33% of the fifth cent Tourist Development Tax fund. If the County were to exercise its right to payout the loan, the interest savings to the County would be approximately $18,609. At the Tourist Development Council (TDC) meeting on Wednesday, March 13, 2013, the TDC unanimously supported using the reserve funds accumulated in the 33% of the fifth cent Tourist Development Tax fund to payout the loan balance. PREVIOUS ACTION: July 20, 2010 - Board approval to enter into a grant agreement with the National Navy UDT- SEAL Museum to allocate future TDC capital funds generated from the 33% of the fifth cent Tourist Development Tax in an amount not to exceed $470,000 including interest to fund the museum's expansion project. FINANCIAL IMPACT: 162-9910-599300-800 Reserves Packet Pg. 124 6.J.2 RECOMMENDATION: Board consideration to exercise its right to payout the loan amount not to exceed $231,156.73 using the reserve funds in the 33% of the fifth cent Tourist Development Tax fund. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: ayF a W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coordination/Signatures Edward Matthews, Direc yr-4yAZZZn; 3/20/2013 s aniqq S. McIntyre, ou y Attorney 3/21/2013 Updated: 3/21/2013 8:42 AM by Patty Marston-Duva Page 2 Packet Pg. 125 6.J.2.a ST. LUCIE COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Wednesday, March 13, 2013 0 1:30 P.M. MINUTES Members present: Commissioner Chris Dzadovsky, Chairman Commissioner Alexander, City of Fort Pierce Linda Cox, St. Lucie County Chamber Chris Egan, Vistana's Beach Club — Sheraton PGA Ryan O'Connor, Sandhurst Hotel Michelle McNichol, Perfect Drive Golf Villas Marilyn Minix, Roadrunner Travel Resort Members absent: Vice -Mayor Linda Bartz, City of Port St. Lucie Paul Taglieri, St. Lucie Mets Staff present: Faye Outlaw, MPA, St Lucie County Administrator, ICMA-CM Katherine Barbieri, St. Lucie County Attorney Charlotte Bireley, St. Lucie County Jennifer Garrity, St. Lucie County Also present: Anne Satterlee, Fort Pierce Authentic Tours/City of Fort Pierce Rich Nalbandian, Treasure Coast Sports Commission Laura O'Brien, Port St. Lucie Civic Center Lisa Mead, Central Florida Surf School Craig Mundt, Navy SEAL Museum 1. CALL TO ORDER: Commissioner Dzadovsky called the meeting to order at 1.31 PM. 2. ROLL CALL: Jennifer Garrity called roll. 3. SELF INTRODUCTION OF GUESTS: Attending guests identified themselves. 4. APPROVAL OF MINUTES The minutes from February 13, 2013 were approved. 5. FINANCIAL REPORT & WEB REPORT Charlotte Bireley reported that January 2013 revenue was down 15% compared to January 2012. Year to date revenue is down 13%. Packet Pg. 126 Tourist Development Council Meeting 0 March 13, 2013 6.J.2.a Charlotte Bireley provided the TDC with a report on the activity of the St. Lucie County Tourism web site. Website activity report attached. Charlotte Bireley provided the E-Newsletter results for the quarterly email blast. E- Newsletter attached. 6. SEAL MUSEUM GRANT AGREEMENT PAYOUT PROPOSAL Marilyn Minix made a motion to pay off the UDT SEAL Grant Agreement loan with the reserves accumulated in the 33% of the 5t" cent Tourist Development Tax fund. Michelle McNichol seconded the motion. Motion passed unanimously. Mr. Mundt thanked the TDC for their support and requested that the $25,000.00 reserve be considered to help in the additional expansion at the UDT SEAL Museum. Commissioner Dzadovsky requested that Mr. Mundt be added to the next TDC agenda to formally request the funding. 7. OTHER BUSINESS Chris Egan requested an update on the progress of the additional fields being added for Vinny Ball. Ms. Outlaw gave a brief update and recommended additional follow up at next TDC meeting with Mr. Ed Matthews, Director of Parks, Recreation, & Facilities. Linda Cox mentioned her concern about the possibility of dormitories being added at Tradition Field and the impact it would have on the area hotels if a second team was added. Discussion ensued. 8. PUBLIC COMMENT Anne Satterlee mentioned the second year of Grant opportunities offered by Fort Pierce Authentic Tours (FPAT). Ms. Satterlee also mentioned the TV production company for the show Road Tripping, which will air in the month of April. Commissioner Dzadovsky mentioned the interlocal agreement with Fort Pierce Authentic Tours for their new location across from George Le Strange Preserve. Commissioner Dzadovsky spoke about working with the Homeowner's Association of North Hutchinson Island on the Land Development Codes to bring a hotel to their area. Commissioner Dzadovsky mentioned the Anti -Bullying event that will be taking place May 2, 2013 at the Fenn Center. Rich Nalbandian spoke about the Vero Beach Baseball Classic taking place June 7- 12, 2013. Page 2 of 3 Packet Pg. 127 Tourist Development Council Meeting 0 March 13, 2013 6.J.2.a Laura O'Brien spoke about the 3rd Annual Seafood Festival that took place at the Port St. Lucie Civic Center. Linda Cox spoke about the St. Lucie County Chamber office moving onto Midway Road in Fort Pierce. Charlotte Bireley talked about the travel writers from Jane Magazine, based out of the United Kingdom, that were coming for a tour of the area's citrus industry. 9. ADJOURNMENT Meeting adjourned at 2:32 PM. Page 3 of 3 Packet Pg. 128 C 10-oq - 3 2010 NATIONAL NAVY UDT-SEAL MUSEUM GRANT AGREEMENT (Tourist Development) THIS GRANT AGREEMENT (`Agreement"),between ST. LUCIE COUNTY, apolitical subdivision of the State of Florida, hereinafter called the "County" and UDT-SEAL MUSEUM ASSOCIATION, INC., a Florida not for profit corporation qualified under 501(c)(3) of the Internal Revenue Code, or its successors and assigns, hereinafter called the "Recipient" (hereinafter, County and Recipient maybe individually referred to as a "Party" or collectively as the "Parties"). WHEREAS, the Recipient had forty thousand (40,000) local, state, national and international visitors to the NATIONAL NAVY UDT-SEAL MUSEUM last year; and WHEREAS, the Recipient is the operator of the NATIONAL NAVY UDT-SEAL MUSEUM located in St. Lucie County, Florida, which is planning approximately a 8,400 square foot expansion; and WHEREAS, the Recipient has requested that the County assist in funding the MUSEUM expansion by allocating four hundred thousand and 0/100 ($400,000.00) dollars from the monies generated from 33% of the Fifth Cent Tourist Development Tax; and WHEREAS, the County does not currently have the funds available to fully fund the proposed expansion but is willing to pledge future monies to the Recipient from the 33% of the Fifth Cent Tourist Development Tax for up to five (5) years to fund a maximum of $400,000, plus interest; and WHEREAS, the Recipient is willing to finance the construction of the expansion by obtaining a loan from a financial institution for the monies needed to construct the expansion; and WHEREAS, the County is not pledging any revenue source other than 33% of the Fifth Cent Tourist Development Tax. IN CONSIDERATION of the mutual benefits received by each Party, the Parties mutually agree as follows: 1. The County has agreed to disperse to the Recipient an amount not to exceed four hundred seventy thousand and 00/100 dollars ($470,000.00) including interest at a rate 5AATW\A&PEEMNT\UDT-5eu1 Museummpd -1- Packet Pg. 129 6.J.2.b not to exceedO/a ("Grant") from the Fifth Cent Tourist Development Tax over a period of 5 years for construction of a 8,400 square -foot building addition (the "Project"). The sole source for the County's grant is 3 3 % of the Fifth Cent Tourist Development Tax. The County makes no representation or guaranty that the allocation of the County's Fifth Cent Tourist Development Tax will generate a specific amount. In no event shall the recipient be able to compel the County to levy an ad -valorem tax. In no event shall the recipient be able to compel the County to disperse any other Tourist Development Tax monies. 2. The Project Manager for the County is Charlotte Lombard, who may be reached by telephone at (772) 462-1539. The Project Manager for the Recipient is Capt. Michael R. Howard, USN Ret., who may be reached by telephone at (772) 595-5845. 3. The Grant shall only be used by the Recipient for the construction of the Project in accordance with the St. Lucie County Tourist Development Council Capital Grants Program 2009/2010 Handbook and Recipient's Application, copies of which are attached hereto and incorporated herein as Exhibits "A" and "B" respectively. To the extent there is a conflict between the Handbook and this Agreement, this Agreement shall prevail. With the consent of the County, the Recipient may modify the application because of physical, financial or legal circumstances. Independent of the Grant Agreement, the Recipient agrees to obtain a loan to fund the expansion. The County shall not be obligated to sign or co-sign the note. 4. The procedures for disbursing payments pursuant to the Grant are set forth below as follows: a. In accordance with the terms set out above, the County agrees to pay to the Recipient an amount not to exceed $470,000 including interest at a rate not to exceed NV/o subject to receipt of sufficient funds from the Fifth Cent Tourist Development Tax. The County agrees to pay these monies in monthly payments (subject to receipt of sufficient funds from the Fifth Cent Tourist Development Tax) for five (5) years beginning on October 1, 2010 and continuing on the first day of each succeeding month over the five year term in accordance with the amortization table attached as Exhibit "C". After the first year of the term, the County shall have the right to prepay the principal amount in whole or in part. b. The Parties agree that the Recipient shall begin construction on or before April 30, 2011 and shall complete construction of the Project on or before March 1, 2012. Parties agree that if at anytime before a certificate of occupancy is issued the construction is halted, payment of the monies will cease. C. The parties agree that the construction and landscaping plans for the Project must be reviewed and approved by the County before construction begins which 5AAT7Y\ACAEEMNT\UDT-5ea1 Museumvpd -2- Packet Pg. 130 6.J.2.b approval shall not be unreasonably withheld. The Recipient agrees to contract with a licensed contractor to construct the Project. The contract between the Recipient and the contractor shall include provisions requiring the contractor to: (a) provide a public construction bond consistent with Section 255.05, Florida Statutes (2009); (b) general liability insurance with limits of at least 1,000,00012,000,000 naming the County and the State of Florida as additional named insureds; (c) comply with applicable federal, state and local rules and regulations; and (d) comply with green technology and building standards to the maximum extent possible. The Parties agree that the County will be notified upon completion of the Project and provided an opportunity to perform an on -site inspection. d. The County will establish a reserve fund from the proceeds of 33% of the Fifth Cent Tourist Development Tax in the amount of $25,000.00 upon the commencement of the term. The reserve funds would be used in the event of a revenue shortfall and shall be replenished and maintained at the $25,000 for the five (5) year term or such time as the Recipient's loan is satisfied from the 33% of the Fifth Cent Tourist Development Tax. 5. The term of this Agreement shall be for five (5) year commencing on September 1, 2010. The term of this Agreement may be extended upon the mutual written consent of the Parties. Consent is hereby assumed if the principal amount of $400,000 has not been paid to the Recipient by the end of the five (5) year term. 6. The Recipient shall notify the County in writing within ten (10) days of any modifications to the Note obtained for the construction of the Project. 7. The Recipient shall have internal controls adequate to safeguard the Grant funds. Recipient shall submit an uncertified audit of all receipts and disbursements of Grant funds within sixty (60) days following the termination of this Agreement. 8. The Recipient grants to the County the right until the expiration of three (3) years after the last expenditure of Grant funds under this Agreement, to audit the use of the Grant funds. Upon demand, the County shall be provided with access and the right to examine any books, documents, papers, and records of the Recipient involving transactions related to the use of Grant funds. All required records shall be maintained by Recipient until the earlier of the following to occur: (a) an audit is completed and all questions arising therefrom are resolved or the County has notified the Recipient in writing; or (b) until the expiration of three (3) years after the last expenditure of Grant funds. 9. Recipient responsibilities shall include the following: 5AATTY\ArAEEMN7\UDT-5eal Museumvpd -3- Packet Pg. 131 6.J.2.b a. Maintenance - Upon completion, the Recipient shall maintain the Project in accordance with the standards of maintenance for other similar local facilities in accordance with applicable health standards including the roof and exterior walls as well as major equipment including air conditioning, electrical and plumbing. Project facilities and improvements shall be kept reasonably safe and in reasonable repair by Recipient to prevent undue deterioration and to encourage public use. b. Handicapped Accessibility - The Project will comply with handicapped accessibility in compliance with applicable federal, state and local laws, rules and requirements. C. General Accessibility - As a specific condition of this Agreement, the Project must be accessible to the public consistent with the Facilities Use Agreement between the parties, Tuesday through Sunday from 10:00 a.m. to 4:00 p.m. or as may be modified from time to time but not less than five (5) days per week, fifty-two (52) weeks per year, upon the payment of an entrance or membership fee on a non-exclusive basis without discrimination. d. On -Site Signage - Signage shall be erected by Recipient to acknowledge that Tourist Development Tax dollars were used in part to construct the Project. The Recipient shall submit the proposed signage to the County for approval before construction. Approval by the County shall not be unreasonably withheld. The sign shall be compatible with the general decor of the premises. If not acceptable, the Recipient shall resubmit and erect Signage acceptable to the County. e. Recipient shall sign a restrictive covenant acceptable to the County Attorney in recordable form, the terms of which shall require that: (1) pursuant to Section 125.0104, Florida Statutes, the Grant funds be utilized to build, and improve a NATIONAL NAVY UDT-SEAL MUSEUM open to the public operated by a not -for -profit organization, and (2) if the Recipient dissolves or becomes inactive for a period of six (6) months or more or sells, transfers or assigns Recipient's interest in and to the MUSEUM to an individual, another profit or not -for -profit organization or otherwise and such sale, transfer or assignment is not first approved by the County, then title in and to the improvements constructed in, on or about the MUSEUM shall automatically revert to the County (title to the real property underlying the MUSEUM is currently vested in the State of Florida). 10. The Recipient shall make available all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. 5AAM\AGREEMNT\UDT-Sea1 Museumvpd -4- Packet Pg. 132 6.J.2.b 11. Recipient agrees to pay on behalf of, protect, defend, reimburse, indemnify and hold harmless the St. Lucie County Board of County Commissioners, its officials, agents, employees, elected officers, and representatives and each of them, collectively and for the purposes of this Paragraph 10 only, the County at all times from and against any and all claims, liability, expenses, losses, costs, fines, recoveries and damages, including attorney's fees, resulting from the Recipient's receipt and expenditure of the Grant funds or causes of action of every kind and character against the County, including but not limited to, damage to property or the environment or bodily injury (including death, specifically arising out of or as a result of or incident to or in connection with Recipient's performance under this Agreement or the condition of the MUSEUM as a result of actions taken or omissions by Recipient pursuant to this Agreement; provided, however, that Recipient shall not be responsible to County for any claims, liability, expenses, losses, costs, fines, recoveries and damages, including costs and attorney's fees, resulting out of bodily injury or damages to property which Recipient can establish as being attributable to the so4e negligence of County, its respective agents, servants, employees or officers. Recipient further agrees to pay on behalf of, indemnify and hold harmless the County for any fines, citations, court judgments, insurance claims, restoration costs or other liabilities specifically resulting from the Recipient's activities in, on or about the Project, whether or not the Recipient was negligent or even knowledgeable of any events precipitating such a fine, citation, insurance claim, restoration cost or other liability. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 12. The Recipient agrees to comply with all local, state and federal laws, rules and regulations including but not limited to Americans with Disability Act and Ordinance No. 09- 005 "Local Preference." 13. All future publications, media productions and exhibit graphics concerning this Project and this Agreement shall include the following statement: "Sponsored in part by St. Lucie County Tourist Development Council." 14. The County may terminate this Agreement on thirty (30) days notice if the Recipient fails to obtain an adequate construction loan by January 1, 2011. Either Party may terminate this Agreement with cause upon the delivery of ninety (90) days' prior written notice to the other Party and failure of that party to cure the alleged default within ninety (90) days the Recipient shall reimburse the County for: (a) all unexpended Grant funds as of the effective date of the termination; and (b) Grant funds expended in conflict with Recipient's application notwithstanding the time of disbursement. 5AATTY\A6REEMNT\UDT-Sea1 Museummpd -5- Packet Pg. 133 6.J.2.b 15. Any notice shall be in writing and sent registered or certified mail, return receipt requested, postage and charges prepaid, and addressed to the Parties at the following addresses: To the County: St. Lucie County Administrator 2300 Virginia Avenue, Third Floor Fort Pierce, Florida 34982 To the Recipient: UDT-SEAL Museum Association, Inc. 3300 N. Highway AIA Fort Pierce, Florida 34949 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue, Third Floor Fort Pierce, Florida 34982 With a copy to: Notice shall be deemed received on the date set forth on the return receipt. If any notice is returned because a Party refused to accept delivery thereof, then notice shall be deemed received on the date the notice was refused by such Party as evidenced by said return receipt. 16. No amendment, modification or waiver of any term or condition contained in this Agreement shall be valid or effective unless in writing, properly authorized, executed by both Parties and delivered. No waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms of contract modification, Recipient agrees to use said forms. 17. Except as otherwise provided, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and/or assigns (only if permitted by the terms hereof). 18. The Recipient, however, shall not assign this Agreement to any other person or firm without first obtaining County's written approval. In addition, the Recipient shall not have the right to assign any or all of its rights and interests under this Agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially of its assets shall mean more than fifty percent (50%) of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such 5AATW\A&REEMNT\UDT-5ea1 Museumvpd -6- Packet Pg. 134 6.J.2.b proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without the County's prior written consent shall be deemed a default subject to the remedies provided herein. 19. This Agreement embodies the whole understanding and agreement of the Parties with respect to the subject matter of this Agreement. There are no promises, terms, conditions, or obligations other than those contained in this Agreement. This Agreement shall supersede all previous communications, representations or agreements between the Parties, either verbal or written. 20. In the event of a dispute between the Parties in connection with this Agreement, the Parties agree to submit the disputed issue or issues to a mediator for non- binding mediation prior to filing a lawsuit. The Parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County, Florida. The fee of the mediator shall be shared equally by the Parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 21. All interpretations of this Agreement shall be governed by the laws of the State of Florida. In the event it is necessary for either Party to initiate legal action regarding this Agreement: (a) for any claims arising understate law, venue shall be vested in the Nineteenth Judicial Circuit, in and for St. Lucie County, Florida; and (b) for any claims arising under federal law, venue shall be vested in the U.S. District Court for the Southern District of Florida and each party shall be responsible for their own expenses and costs, notwithstanding any other provisions herein. IN WITNESS WHEREOF, the Parties have caused the execution by their duly authorized officials as of the day and year set forth below the signature of the last of the Parties to execute this Agreement. ATTEST: 5:\ATTY\A&REEMNT\UDT-5ec1 Museum.wpd -%- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COU FII.ORIDA BY: C irman Packet Pg. 135 6.J.2.b APPROVED AS TO FORM AND CORRECTNESS: BY: A;-/- County Attorney UDT-SEAL MUSEUM ASSOCIATION, INC. BY: Title: Date: C 0, G C 4 5AATTY\A6REEMNT\UDT-5ea1 Museum.wpd 0 0 a E a� J Q W Cn m Z LO uO C d E d d L Q C ,L^ V J Q W Cn C d E t U f� Q Packet Pg. 136 6.J.3 ITEM NO. (ID # 1162) J DATE: 04/02/2013 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Guy D. Medor, Regional Parks & Stadiums Manager SUBMITTED BY: Regional Parks & Stadiums Division SUBJECT: Bleacher Expansion South County Regional Stadium - 560 NW University Blvd, Port St. Lucie BACKGROUND: In April 2011, during the renovation at Tradition Field to upgrade the right field bleachers, staff determined that the aluminum bleachers were salvageable, and given their excellent condition, felt that they could be re -installed on the visitors' side at South County Regional Stadium. During the installation process, we found out that, prior to installation, these bleachers had to be engineered, permitted, with a new site plan approved by the City of Port St. Lucie. Additionally, per the site plan, the installation must be ADA compliant on reinforced concrete ribbon footings with sidewalk/ramp connections. Moreover, the Fire District requires the installation of adequate lighting for evacuation purposes. Staff's initial estimate of $50,000 was short and did not anticipate the additional requirements; therefore, this agenda is requesting the Board's approval to allocate $60,000 Parks Municipal Services Taxing Unit (MSTU) funding to complete the project. PREVIOUS ACTION: April 10, 2012 - Approval of $50,000 Parks MSTU funding by the County Administrator re- install the bleachers from Tradition Field to South County Stadium. FINANCIAL IMPACT: 129-7210-563000-7516 Infrastructure - Bleacher Expansion (South County Stadium) RECOMMENDATION: Board approval to allocate $60,000 of Parks MSTU funding to increase the total project cost to $110,000 in order to complete the re -installation of the bleachers at South County Stadium. COMMISSION ACTION: Packet Pg. 137 6.J.3 RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coord i nation / Sig natures Edward Matthews, Difpc. or 3/22/2013 kanig( S. McIntyre, ou y Attorney 3/22/2013 Updated: 3/22/2013 3:56 PM by Edward Matthews A Page 2 Packet Pg. 138 6.K.1 ITEM NO. RES-2013-55 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS John Wiatrak, Airport Manager DATE: 04/02/2013 *CONSENT AGENDA\PLANNING AND DEVELOPMENT SERVICES St. Lucie County International Airport Division Approve Budget Resolution for the Design and Construct Parallel Runway Taxiway Connector (Phase 1-Design) Project This agenda request is for Board approval of the attached Budget Resolution establishing the project funds for the Design and Construct Parallel Runway Connector Project. This project was approved under the FY 2013 Capital Improvement Program. Funds are available with no impact to the General Fund. Project funding consists of a FDOT 80% match share of $499,000 and a local 20% match share of $124,750. PREVIOUS ACTION: December 16, 2012-Board Approval of Resolution No. 12-220 accepting FDOT IPA in the amount of $499,000 for the Design and Construct Parallel Runway Taxiway Connector. FINANCIAL IMPACT: 140382-4220-563005-134608 - Infrastructure, Consulting Engineer RECOMMENDATION: Board approval of Budget Resolution establishing the fund for the Design and Construct Parallel Runway Taxiway Connector Project, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Packet Pg. 139 6.K.1 Fa —ye W. Outlaw, MPA 4/8/2013 Coordination/Signatures M rk t rf e, 131,Iffning & v irecto 3/21/2013 ianipf WtyreA.ou�Ay Attorney 3/22/2013 County Administrator, ICMA-CM Marie do D 3/22/2013 Updated: 3/21/2013 4:04 PM by John Wiatrak Page 2 Packet Pg. 140 RESOLUTION NO. 13-047 6.K.1.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Joint Participation Agreement, in the amount of $499,000, as funding for the Design & Construction of Parallel Runway Taxiway Connector project at the St. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 2nd day of April, 2013, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2012-2013, and the County's budget is hereby amended as follows: REVENUE 140382-4220-334411-134608 FDOT-Transportation $499,000 APPROPRIATIONS 140382-4220-563005-134608 Infrastructure -Consulting Engineer $499,000 After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Frannie Hutchinson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS 2ND DAY OF APRIL 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 141 ITEM NO. (ID # 1138) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Linda Pendarvis, Planner Planning Division DATE: 04/02/2013 *CONSENT AGENDA\PLANNING AND DEVELOPMENT SERVICES Transportation Impact Study Waiver for North Hutchinson Island Wastewater Treatment Facility (WWTF). On March 20, 2012, the Board of County Commissioners authorized Masteller & Moler, Inc. to complete the design and permitting for the expansion of the North Hutchinson Island Wastewater Treatment Facility (WWTF). The proposed Major Adjustment to the Major Site Plan for the North Hutchinson Island WWTF has been submitted to the County for review in accordance with the Land Development Code. In accordance with Section 11.02.09.A(4.a.) any proposed development on North Hutchinson Island shall provide a transportation impact study. The applicant, St. Lucie County Utilities Department, is requesting a waiver from this requirement due to the fact that any increase in maintenance and operation traffic is likely so small as to not be picked up in a traffic analysis. Pursuant to Section 11.02.09.A(4.a.3) of the Land Development Code, the Board of County Commissioners shall grant a waiver from the submittal of a traffic impact study with a recommendation of the Development Review Committee. The wastewater treatment improvements are proposed to an existing facility located on North Hutchinson Island and are not expected to create a significant demand for additional staffing. The proposed capacity increase to the treatment plant will not generate significant additional traffic beyond what currently exists for the maintenance and operation of the plant in its current configuration. Therefore, the improvements should not create an increase in traffic or negatively impact the level of service on State Road North A1A. On March 21, 2013 the Development Review Committee recommended approval of the request for a traffic impact study waiver. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A Packet Pg. 142 RECOMMENDATION: Board approval of Transportation Impact Study Waiver for North Hutchinson Island WWTF as outlined in this agenda request. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coordination/Signatures M rk t rl e, P , ning & v irecto 3/20/2013 iai AS.MCInAttorney 3/20/2013 Updated: 3/22/2013 8:53 AM by Linda Pendarvis C Page 2 Packet Pg. 143 ITEM NO. (ID # 1142) AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton Wilson, Senior Planner SUBMITTED BY: Planning Division DATE: 04/02/2013 *CONSENT AGENDA\PLANNING AND DEVELOPMENT SERVICES SUBJECT: Permission to Advertise - Amendments to the Comprehensive Plan and Land Development Code to Resolve Residential Open Space Issue in the Agricultural Areas of Western St. Lucie County. Lands Amendments to the Comprehensive Plan and Land Development Code BACKGROUND: This is a request to advertise for upcoming public hearings for two ordinances proposing to update the text of the Comprehensive Plan and Land Development Code. Staff presented a Western Lands status update to the Board at the February 26, 2013 Informal Meeting. At the Informal meeting staff indicated that a number of meetings with representatives of the Western Lands property owners and stakeholders have occurred since the BOCC accepted the "Western Lands Study: Vision and Plan" on September 18, 2012. The purpose of the meetings was to develop a resolution to the open space issue that was one of the driving forces for the study. Several lawsuits and Bert Harris claims remain unresolved and the Board, staff and property owners/stakeholders agreed upon Plan acceptance to focus on resolving the open space issue prior to proceeding with other aspects of the plan. PREVIOUS ACTION: September 18, 2012 - Western Lands Study Report Acceptance FINANCIAL IMPACT: N/A RECOMMENDATION: Board authorization to advertise the proposed Comprehensive Plan and Land Development Code text amendments. COMMISSION ACTION: Packet Pg. 144 6.K.3 RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coord i nation / Sig natures M rk t rl e, P, ning & irecto 3/20/2013 ianiVAttorney 3/20/2013 Updated: 3/20/2013 2:20 PM by Leslie Olson C Page 2 Packet Pg. 145 ITEM NO. (ID # 1155) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Diana Waite, Senior Planner Planning Division DATE: 04/02/2013 *CONSENT AGENDA\PLANNING AND DEVELOPMENT SERVICES Land Development Code Text Amendment - Permission to Advertise Staff is proposing changes to Chapter 4 (Special Districts) of the Land Development Code (LDC) to amend Section 4.12.05, the Permitted Zoning and Rezoning provisions for a 30.95 acre tract within the Jenkins Road Area Plan Special District. The text amendment is proposed to allow the 30.95 acre tract to be rezoned to CG (Commercial, General) as proposed by a conceptual settlement agreement between the Board of County Commissioners (Board) and the property owners, Angle Road Development, LLC (Angle). The Board conceptually approved the settlement proposal on October 2, 2012 (Exhibit A). The text amendment would allow CG (Commercial, General) Zoning on the 30.95 acre tract at the southwest corner of Angle Road and Taylor Dairy Road as provided for in the settlement proposal. The Angle tract is located within the Jenkins Road Area Plan Special District and subject to the regulations in Section 4.12.05 that limit zoning options in that location to a non-residential or mixed use planned development district. The proposed amendment would add an option to rezone the lands to a commercial zoning district, which includes the proposed CG Zoning District. The text amendment is consistent with the existing and proposed future uses in the area and would maintain consistency with the LDC. The required public hearings for the LDC text amendment will be scheduled prior to processing other applications related to the implementation of the settlement agreement. Future applications included within this request to advertise include the following: • a Future Land Use Map Amendment from RU (Residential Urban) to MXD (Angle Road Mixed Use Activity Area - Specific Use - Com/Res-5) that would allow both commercial uses and residential units at a density of five dwelling units per acre • a change in zoning from AR-1 (Agricultural, Residential — 1 du/ac) to CG (Commercial, General) • a Development Agreement providing a conceptual plan and the vesting of 175,200 square feet of commercial space for a 10 year period. The first public hearing for these items should be forwarded for your review within the next 6 months. Attached is a draft ordinance identifying the proposed changes to LDC Section 4.12.05 in strike and Packet Pg. 146 underlined type. Other minor changes to the Jenkins Road Area Plan Ordinance include adding a provision for the Board to grant a waiver from the Road and Trail System requirements, and a correction to a reference to the Road and Trail System provisions. These changes, unrelated to the settlement agreement, are staff -initiated and made to allow greater flexibility in design and to address environmental or engineering constraints that may be identified as part of future development proposals. The proposed text amendment is required as the first step towards addressing the terms of the settlement agreement between Angle Road Development, LLC and the Board of County Commissioners. PREVIOUS ACTION: October 2, 2012 - the Board conceptually approved the Angle Road Development, LLC settlement proposal as outlined in the May 7, 2012 letter. FINANCIAL IMPACT: N/A RECOMMENDATION: Board authorization to advertise the required public hearings for an amendment to the Land Development Code for the Jenkins Road Area Plan Special District. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Updated: 3/26/2013 8:43 AM by Faye W. Outlaw B Page 2 Packet Pg. 147 Coordination/Signatures WLe *PiningManager 3/22/2013 4aanWi9(y Attorney 3/22/2013 Updated: 3/26/2013 8:43 AM by Faye W. Outlaw B Page 3 Packet Pg. 148 6.K.4.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 NO. 13-014 DRAFT AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE JENKINS ROAD AREA PLAN SPECIAL DISTRICT SECTION 4.12.05, PERMITTED ZONING AND REZONING; PROVIDING FOR CONFLICTS; PROVIDING SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. On February 6, 2007, the Board of County Commissioners approved Ordinance No. 07-011 adopting Land Development Code Section 4.12.00, Jenkins Road Area Plan Special District regulations to promote innovative urban design and healthy communities consisting of a multimodal transportation system and mixed land uses. 3. St. Lucie County has become aware of a need to modify certain provisions in the Jenkins Road Area Plan Special District regulations to expand development options. 4. On April 18, 2013, the Local Planning Agency/Planning and Zoning Commission, held a public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be (approved/denied). 5. On 2013, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days prior to the hearing. 6. On , 2013, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days prior to the hearing. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Packet Pg. 149 6.K.4.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 PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: 4.12.00 JENKINS ROAD AREA PLAN SPECIAL DISTRICT No changes in Section 4.12.00 through 4.12.04. 4.12.05 PERMITTED ZONING AND REZONING date of this nrrinaRGe is permitted. All future zoning changes within the Jenkins Road Area Plan Special District shall be by application for approval of a Planned Development nr Dlai—e d I Ri+ Develer,...e- t zoning district, unless otherwise provided for in this section or Section 4.12.00, et. seq., is first amended to permit other types of zoning changes. All proposed zoning and development is required to be consistent with the adopted comprehensive plan, and compatible with surrounding existing and proposed development. *A. Permitted Rezoning Permitted Rezoning to Planned Mixed Use Development, or any other permitted mixed use planned unit development is permitted in the areas shown around the perimeter of the planning area along Kings Highway and Orange Avenue on Map C: MAP C JENKINS ROAD PLANNING AREA MIXED USE INDUSTRIAL AND COMMERCIAL ZONING AREAS AND ROAD NETWORK Jenkins Road SWdy Area -------------- L{ wqw-- m \ Y :(;emsi 9� I- - _ - _ .. t. __-•- __ it ✓` - I __ iL 41 A Underlined passes are added Page 2 of 5 Striwp-k-#kru passes are deleted Ordinance No. 13-014 Packet Pg. 150 6.K.4.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 The parcels zoned AG-1 on Map C within the planning area adjacent to the east right-of-way line of Kings Highway may be rezoned Light Industrial, Planned Gemmer^ia Non -Residential Development or Planned Mixed Use Development, as those zoning districts may be amended from time to time. The parcels zoned AR-1 or RS-2 on Map C within the planning area north of Orange Avenue, south of Canal No. 44, and west of Jenkins Road may be rezoned to a Planned Mixed Use district that would allow light industrial in the area south of the east/west line formed by Selena Avenue. The parcels zoned AR-1 or RS-2 on Map C that lie east of 1-95, south of Canal No. 44, north of Orange Avenue, and west of the north/south line formed by Canal No. 29 may be rezoned to a planned development zoning district that allows mixed office/commercial land uses and which may include a substantial residential component in the mix of uses, provided appropriate measures are included to provide for compatibility of the proposed mix of uses. The parcels at the southwest and southeast corners of the intersection of Taylor Dairy Road/Jenkins Road and Angle Road may be rezoned as Planned Non - Residential Development or a Planned Mixed Use Development, as those mixed use districts may be amended from time to time. ; This area may be developed as a for t�SpeGifiG PUIFPGSe a -Traditional Neighborhood Design mixed use Commercial Village, in accordance with the standards of this Section 4.12.00, et. seq., and any other relevant standards of the Land Development Code, as they may e-amerde�'�tire-to tirn&. The parcel at the southwest corner may also be rezoned to a commercial or other non-residential or mixed use zonina district consistent with the comprehensive plan. The remaining area of Map C shall be amended to be predominantly residential development by application for Planned Mixed Use Development, Planned Non_ Rresidential Development, and/or Planned Unit Development, as those zoning districts may be amended from time to time, to permit development in accordance with the standards of this Section 4.12.00, and the standards of the applicable planned district, in accordance with the adopted comprehensive plan; as they may he amended from time to time B. JENKINS ROAD PLANNING AREA DEVELOPMENT STANDARDS All proposed rezoning applications ,within the area designated on SeG� 4.12.05.A for a potential Commercial Village or as predominantly residential planned development north of an east -west line running through canal C-44 shall be required to meet the development standards in Section 4.12.06. All development in the Jenkins Road Planning Area shall meet the road and trail standards in Section 4.12.063 and all other requirements in the other sections of the Jenkins Road Planning Area Special District, unless a waiver is granted by the Board of County Commissioners. Site and building design in the remaining areas shall be compatible with the development in the predominantly residential Underlined passes are added Page 3 of 5 Striwp_k-#kru passes are deleted Ordinance No. 13-014 Packet Pg. 151 6.K.4.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 and commercial village areas north of an east -west line running through canal C- 44. PART 2. CONFLICTS. All ordinances, or parts of ordinances, in conflict herewith are invalid to the extent of such conflicts, and the same are hereby repealed. PART 3. 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 4. 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_1:4 4;1;1x91IV/=1B7_A1:9 This ordinance shall take effect upon filing with the Department of State. PART 6. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts 2 through 4 shall not be codified. Underlined passes are added Page 4 of 5 Striwp_k-#kru passes are deleted Ordinance No. 13-014 Packet Pg. 152 6.K.4.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 After motion and second, on second hearing and adoption, the vote on this ordinance was as follows: Chairman Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED this --t" day of 12013. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA WA Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS Underlined passes are added Page 5 of 5 County Attorney Q Striwp-k-#kru passes are deleted Ordinance No. 13-014 Packet Pg. 153 BOARD OF COUNTY COMMISSIONERS Heather Young Katherine Davis Barbieri May 7, 2012 Juan M. Muniz, Esq. Gunster One Biscayne Tower 2 South Biscayne Boulevard, Suite 3400 Miami, Florida 33131 COUNTY ATTORNEY Daniel S. McIntyre ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY RE: Mediation between St. Lucie County and Angle Road Development, LLC Property Address: 6705-6741 Angle Road Folio Nos. 2301-601-0001-000-2; 2301-601-0004-000-3; and 2301-601-D003-000-6 Dear Juan: Thank you for your letter of April 12, 2012 pertaining to the ongoing settlement discussions between Angle Road Development, LLC (ARD) and County staff. County staff is willing to recommend that the Board of County Commissioners consider settling the dispute between ARD and the County as follows: 1. The County will initiate a comprehensive land use amendment and rezoning changing the zoning and FLUM designation on the above referenced property to Commercial and waiving any filing fees chargeable to ARD. ARD will provide the County with a conceptual site plan indicating the minimum development square footage, as well as driveways, median openings, and other related roadway design criteria. 2. The settlement is expressly contingent upon: a. The County's approval of a Development Agreement pursuant to F.S. ch. 163, which shall vest ARD's rights to develop the property for ten (10) years. The development agreement will vest and provide for the following: (1) 175,200; (2) analysis as necessary); An approved conceptual site plan with a minimum square footage of A reservation of trips and vesting of concurrency (ARD will update its traffic CHRIS DZADOV5KY Dwricr No 1 . TOD MOWERY D-srncr No 2 • PAULA A LEWIS DisrriCt No J • FRANNIE HUTCHINSON Disrncr No 4 • CHRIS CRAFT D srncr No 5 Counry Admn,sr•oror - Foye W Ourlow MPA 2300 Virginia Avenue • Ft. Pierce. FL 34982-5652 • Phone (772) 462-1441 FAX (772) 462-1440 9 TDD (772) 462-1428 Packet Pg. 154 (3) Road design criteria to include specified median openings and driveway curb cuts as indicated on site plan; (4) General Commercial (GC) zoning; and (5) Commercial land use designation for the property under the County's comprehensive land use plan. Any extensions would be at the discretion of the Board of County Commissioners. (3) ARD will waive any and all claims it has against the County due to the BOCC's failure to approve and transmit ARD's comprehensive plan amendment and agrees to dedicate the right-of-way along Angle Road, consisting of 1.769 acres, in return for impact fee credits. The amount of the impact fee credits shall be calculated in accordance with the provisions set out in Section 1-17-33.1 of the County's Land Development Code. (Note: This differs from the proposal in your April 12 letter.) (4) Each party shall bear its own attorneys' fees and costs. Please note that any settlement offer must be approved by the Board of County Commissioners of St. Lucie County, Florida. In this regard, if the County staff proposal is unacceptable and you desire that your April 12 settlement proposal be presented to the Board, please let me know and I will agenda the proposal for Board consideration with the understanding that County staff will recommend that the Board deny the proposal. There is also no guarantee that the Board would approve a settlement proposal even if staff recommended approval of the proposal. This Letter will also acknowledge that the County has been served with a lawsuit filed on behalf of ARD. The County appreciates your willingness to allow the County up to ninety (90) days to file a responsive pleading to the lawsuit. Please note that I have asked John Shubin, Esquire, to assist the County in the defense of this lawsuit. Sincer , Da iel S. Mcln re County Attor ey DSM/caf Copy to: County Administrator Public Works Director Planning & Development Services Director County Engineer County Surveyor Property Acquisition Manager J. Shubin, Esq. Packet Pg. 155 I 6.K.4.c I Indian River County Martin County )pment , ant LO LO T T O m U O C� C a x > N�N 1.6 a r E U 4 R a Map prepared March 18, 2013 Packet Pg. 156 1 6.K.4.d ¢" cn x r; It t �I 1a1 �......- __ ❑ � 411f i� �,i.6 . � z d � xaa JY i. ��x g6r Legend N R ®Jenkins Road Area Plan SD Angle Road Development LLC m Ft. Pierce City Limits E Aerial date: 2010 a� 0 .000 2.000 Feet E Map prepared March 18, 2013 t+ X d C 4 Wd �S• �x � ��A4 6 f k . i.l� ��qq lxiAA J`i��f Gi i yy 9 gg I! (n 4 1 - +.. m l6 �•4i0 r �'�Ea�e ��11as +� � z .. LO x 1 20 T x 6 f• x3 3 �, 21. �r MAPIIAH 1,— Q k H I > i 1 Z a E Q � Q Packet Pg. 157 IKoff �. DWI 1 �11■ P,1C_ u_�i /uaina� row 1 rn i T- ir I,M ITEM NO. RES-2013-56 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS John Wiatrak, Airport Manager DATE: 04/02/2013 *CONSENT AGENDA\PLANNING AND DEVELOPMENT SERVICES St. Lucie County International Airport Division Approve Budget Resolution to Accept FAA Reimbursement Funds The Rehabilitation project of Taxiways A & B required additional monies for completion. In June 2012, the Airport advised the Federal Aviation Administration (FAA) of the final change order and of the total increased costs of $73,186.32. The FAA confirmed that it would reimburse the airport for 95% of the costs associated with the change orders, a total of $69,527, upon submission of the final closeout documents. The FAA advised that reimbursement of funds would not take place until all change order requests under the project were approved at final project completion and that the monies would need to be paid initially by the Airport. In February 2013, staff received written notification from the FAA that the funding was approved. On February 13, 2013, the final billing was submitted to the FAA for reimbursement, and payment was received on February 28, 2013. PREVIOUS ACTION: July 17, 2012 - Board approved permission to transfer funds from the Airport West Commerce Park project to cover the funding shortfall of $73,187.86 until FAA reimbursement is received. FINANCIAL IMPACT: 140-4220-563000-104601 - Infrastructure (pending BOCC approval) RECOMMENDATION: Board approval of Budget Resolution No. 13-035 accepting the FAA Reimbursement and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 160 6.K.5 RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: - .- aye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coord i nation / Sig natures M rk t rl e, P, ning & irecto 3/21/2013 ianiVAttorney 3/22/2013 Updated: 3/22/2013 9:25 AM by Patty Marston-Duva A Page 2 Packet Pg. 161 FKA RESOLUTION NO. 13-035 6.K.5.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Federal Aviation Administration (FAA) in the amount of $69,527 for reimbursement of County paid expenses for an unexpected change order on the Taxiway A & B Rehabilitation project at the St. Lucie County International Airport.. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 2nd day of April, 2013, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2012-2013, and the County's budget is hereby amended as follows: REVENUE 140-4220-331411-104601 FAA $69,527 APPROPRIATIONS 140-4220-563000-104601 Infrastructure $69,527 After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Frannie Hutchinson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS 2ND DAY OF APRIL, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY To Q Packet Pg. 162 ITEM NO. (ID # 1164) J COUNTY ` R I ID A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: John Wiatrak, Airport Manager DATE: 04/02/2013 *CONSENT AGENDA\PLANNING AND DEVELOPMENT SERVICES SUBMITTED BY: St. Lucie County International Airport Division SUBJECT: To Approve Work Authorization for Parallel Taxiway Connector Design and Construction Services BACKGROUND: This agenda request is for Board approval of ATKINS Work Authorization No. 13 for design and bidding services for the St. Lucie County International Airport Parallel Runway Taxiway Connector Project. Phase I of this project entails the design and bidding services for the project. The Scope of Services provided by ATKINS includes data collection, design, and bidding phase services for a lump sum amount of $347,783. This project was identified in the 2011 Master Plan, approved under the FY 2013 budget and is fully funded with an 80% grant from Florida Department of Transportation with a 20% local match share. The total cost of Phase I for the Design and Bidding portion of the Parallel Runway Taxiway Connector Project for FY 2013 is $499,000. PREVIOUS ACTION: December 16, 2012 - Board approval of Resolution No. 12-220 accepting FDOT Joint Participation Agreement (JPA) in the amount of $499,000 for the Design & Construct Parallel Runway Taxiway Connector. FINANCIAL IMPACT: 140382-4220-563005-134608 - Infrastructure - Consulting Engineer (pending BOCC approval). RECOMMENDATION: Board approval of ATKINS Work Authorization No. 13 for design and bidding services for the St. Lucie County International Airport Parallel Runway Taxiway Connector Project for a lump sum cost of $347,783, and authorization for the Chairman to sign documents as approved by the County Attorney. Packet Pg. 163 6.K.6 COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coordination/Signatures M rk terl e, P a, ping & D v 1 irecta 3/21/2013 ianiqf 2S.M"cIntyre,/Couy Attorney 3/21/2013 Updated: 3/21/2013 4:00 PM by John Wiatrak Page 2 Packet Pg. 164 6.K.6.a COUNTY F L O R I D A WORK AUTHORIZATION NO. 13 CONTRACT C07-04-267 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the 2"0 day of April , 2013, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County' and ATKINS NORTH AMERICA, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on April 3, 2007, the County entered into a Consulting Agreement (Contract No. C07-04-267) hereinafter referred to as "Contract" with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: St. Lucie County International Airport — Design and Bid Phase Services for Cross -Field Taxiway Connector (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-04-267). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule which is attached hereto as Exhibit "D" and made a part of this work authorization and incorporated herein. Page 1 of 2 Packet Pg. 165 6.K.6.a Contract C07-04-267 Work Authorization No. 13 3. COMPENSATION: The lump sum fee to perform all services as described in the attached Scope of Services shall not exceed a total amount of three hundred forty-seven thousand seven hundred eighty-three and 00/100 dollars ($347,783.00), as further detailed in Exhibit "C". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work as further described in the Exhibit "D". C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization in multiple copies, each of which shall be considered an original on the following dates. ATTEST: DEPUTY CLERK WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATKINS NORTH AMER—IINNC.C. BY: PRINT NAME: ki • r < <•'A 14(Ct; Page 2 of 2 Packet Pg. 166 6.K.6.a SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT CROSS -FIELD TAXIWAY CONNECTOR ATTACHMENT A SCOPE OF WORK DESIGN AND BID PHASE SERVICES FOR CROSS -FIELD TAXIWAY CONNECTOR AT ST. LUCIE COUNTY INTERNATIONAL AIRPORT FT. PIERCE, FLORIDA March 2013 The lump sum fees to be paid the Consultant under this contract (Attachment C) are based upon the Scope of Work detailed herein and the list of Basic Assumptions stipulated in Attachment B. I. BACKGROUND INFORMATION St. Lucie County International Airport is located 3 miles northwest of the City of Fort Pierce. The airport consists of over 3,660 acres of property and is served by three active runways; Runway IOL/28R, I OR/28L, and 14/32. Runway IOR/28L is 6,492 feet long by 150 feet wide and is the primary instrument runway for the airport. Runway 14/32 is 4,756 feet long by 100 feet wide and is the crosswind/secondary runway for the airport. Runway I OL/28R is primarily used for training purposes and alleviates operational conflicts with the other runway systems. Currently, Runway 1 OL/28R is isolated from the rest of the airfield. Aircraft landing on Runway IOL/28R have no way to access FBO facilities, hangars, etc. located to the south. In emergency cases, aircraft have been towed along the airport perimeter road, but this road was not designed to handle taxiing aircraft. The purpose of the Cross -Field Taxiway Connector project is to provide access for taxiing aircraft between Runway 1 OL/28R and the rest of the airfield. This proposed taxiway will connect existing Taxiway "F" to the approach end of Runway I OR, and across to Taxiway A. II. GENERAL DESCRIPTION OF PROJECT SCOPE This scope of work includes data collection, environmental analysis, permitting, alternatives analysis, pavement design, electrical design and bid phase services for a new cross -field taxiway connector. The limits of the project are shown in Attachment E. Page 1 of I2 Packet Pg. 167 6.K.6.a SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT CROSS -FIELD TAXIWAY CONNECTOR III. DESIGN CRITERIA AND REQUIREMENTS The following design criteria and standards will be used during the progression of this project at the St. Lucie County International Airport: • FAA AC 150/5300-13A • FAA AC I50/5320-5C • FAA AC 150/5320-6E • FAA AC 150/5340-1K • FAA AC 150/5340-18F • FAA AC 150/5340-30G • FAA AC 150/5370-2F • FAA AC 150/5370-IOF IV. WORK TASKS Airport Design Surface Drainage Design Airport Pavement Design -and Evaluation Standards for Airport Markings Standards for Airport Sign System Design and Installation Details for Airport Visual Aids Operational Safety On Airports During Construction Standards for Specifying Construction of Airports To develop the scope definition and associated consultant fee, the work has been divided into various tasks. This section presents the specific tasks to be undertaken in this Scope of Work for the new cross field connector taxiway. The assumptions and conditions for the work efforts are outlined in Attachment B, Basic Assumptions. The CONSULTANT agrees to provide professional services in accordance with the schedule and phasing established within each task description. Fees and payments for services are as generally described in Attachment C. If there are any inconsistencies between this narrative and the task descriptions, it is agreed that the task descriptions are more exact and will govern. Consecutive phases of work will be developed and executed as appropriate, based on decisions made as the program progresses. A. Design Phase — Basic Services 1. Project Administration and Coordination This task includes administration of the prime agreement with ST. LUCIE COUNTY and sub -consultants, as well as coordination with ST. LUCIE COUNTY, FAA, FDOT, tenants, regulatory and approval agencies and other interested stakeholders. Under this task the Consultant will endeavor to ensure a seamless Project team effort, maintaining continuous communication with ST. LUCIE COUNTY and the FDOT/FAA to facilitate review processes. Toward this end the Consultant will assign the Project Administration and Coordination duties to Craig Sucich, P.E. Mr. Sucich, assisted by other professionals, will be involved in critical milestone review meetings and presentations with ST. LUCIE COUNTY, be readily Page 2 of 12 Packet Pg. 168 6.K.6.a SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT CROSS -FIELD TAXIWAY CONNECTOR available to the design team and ST. LUCIE COUNTY; and keep FDOT apprised of the work progress, schedule, anticipated review dates, and coordinate review and regulatory agency approvals. This task includes coordination with adjacent projects and tenants as Consultant deems appropriate to complete the Scope of Work. Deliverables: Summary of meetings, invoices, copies of correspondence, copies of electronic and voice communications. Consultant will maintain project records and make such records available to ST. LUCIE COUNTY as stipulated in the Master Agreement. 2. Quality Control and Scheduling This task involves scheduling and project quality control for this Project, which will involve the following activities: a. Preparation of an internal QC plan b. Designation of QC reviewers c. Establishment of communication and review protocols d. Recording of QC process documents in accordance with the Atkins Quality Control and Assurance Program (QCAP). e. Development of a project schedule coordinated with adjacent projects f. Tracking and reporting progress Submittals received by ST. LUCIE COUNTY will indicate that the particular work product has under gone the QCAP process, or if submitted as a draft, indicate that the QCAP process has not been completed. The schedule will include each defined project task and relationships, start and finish dates, established milestone dates, and identify any other scheduling constraints and activities. A detailed schedule will be prepared for Project elements requiring a bid package or a study. The schedules shall be periodically updated throughout the course of the Project with formal updates being submitted and presented to the design team and ST. LUCIE COUNTY at each design milestone. Deliverables: Project schedule updates at each milestone. 3. Meetings Under this task the Consultant will coordinate, prepare for, and attend the following meetings. (The number of meetings necessary for the completion of this project is estimated at seven meetings): 1. A kick-off/pre-design meeting will be held immediately following receipt of the NTP 2. Design review meeting at 60% milestone to review specific technical issues Page 3 of 12 Packet Pg. 169 6.K.6.a SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT CROSS -FIELD TAXIWAY CONNECTOR 3. Pre -application meeting with SFWMD 4. Pre -application meeting with ACOE 5. Pre -application meeting with FPFWCD 6. Design review meeting at 90% milestones to review specific technical issues 7. Final deliverables review meeting — discussion of bidding schedule In addition to the Consultant's Project Manager, technical leads and subconsultants will attend meetings as needed to perform the work. Deliverables: Consultant will prepare agendas, graphics and technical information necessary for each meeting. After the meeting Consultant will compile and distribute meeting summaries. 4. Collection and Review of Existing Data This task will entail collecting and reviewing appropriate existing record drawings of the surrounding areas, project records, testing data, and aviation data related to the existing adjacent airfield pavement and adjacent taxiway lighting and signage. Data will also be collected on existing environmental conditions. The data that will be collected and reviewed will include the following: • Studies accomplished specifically for or relevant to the Cross Field Taxiway • Existing and anticipated aviation activity o Fleet Mix o Number of operations • Field review of condition and location of existing taxiway signage and marking in the area • Existing environmental survey(s) Deliverable: None Topographical Survey Under this task, the CONSULTANT will select and manage a sub -consultant that will perform a detailed topographical survey of the Cross Field Taxiway project limits and surrounding terrain as deemed necessary for the project. The survey will entail establishing field horizontal and vertical control, obtaining planimetric and topographical survey information, and producing topographical base mapping of the project area. The proposed limits for the survey include a corridor approximately 220 feet wide and 2,600 feet in length centered on the Cross -Field Taxiway Connector centerline. This corridor is based on the Taxiway Object Free Area and anticipated drainage needs. Location and elevation of items on and around the corridor such as wetlands, trees, fencing, drainage structures, taxiway lighting and signage facilities, pavement markings, etc. will be recorded. Page 4 of 12 Packet Pg. 170 6.K.6.a SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT CROSS -FIELD TAXIWAY CONNECTOR For this project it is anticipated that vertical elevations will be necessary on an approximate 25 foot by 25 foot grid for all paved areas. On non -paved areas, elevations will be recorded at 50 foot intervals as necessary to establish cross sections in accordance with FDOT standards. A horizontal baseline will be established denoting the proposed taxiway centerline. The limits of survey will be approximately as shown on Attachment E. Data collection efforts will include office and field work for crew coordination and briefings, coordination with ST. LUCIE COUNTY personnel on issues of security and airport operations, running a level loop to transfer true elevation from government benchmark, setting temporary benchmarks throughout the project area, establishing vertical elevations sufficient for engineering design over entire survey limits, horizontal and vertical location of improvements, recording location of visible evidence of utilities as flagged or painted by related service provider, data collector download and processing, preparation of AutoCAD drawing(s), reference notes, supervision, and certification. The finished product of topographical survey will consist of a 3D AutoCAD coordinate based topographic survey map with DTM break lines, performed and prepared in accordance with Minimum Technical Standards for the State of Florida as established by Chapter 61 G 17-6 of the Florida Administrative Code. Deliverable: Two (2) copies of signed/sealed Topographic Survey and electronic file (PDF) on CD 6. Geotechnical Testing Under this task, the CONSULTANT will select and manage a sub -consultant that will make pavement corings and soil borings at various locations specified by CONSULTANT within the project area. Appropriate laboratory testing and analysis will be performed on pavement and soil samples recovered from the borings. The resulting geotechnical information will be used in the design of the pavement section. Deliverable: One (1) copy of Geotechnical Report. 7. Pavement Design and Details This task consists of developing a project specific pavement design including typical sections. One pavement section will be developed for the new taxiway, including the development of details for transitions to existing taxiways and runways. Pavement designs will be based on fleet mix information and forecasts provided by ST. LUCIE COUNTY. The pavement design will be performed in accordance with FAA Advisory Circular 150/5320-6E, Airport Pavement Design and Evaluation. Results of the pavement design will be summarized in the Engineer's Report and typical sections/details will be included in the construction drawings. Page 5 of 12 Packet Pg. 171 6.K.6.a SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT CROSS -FIELD TAXIWAY CONNECTOR Deliverable: Included in Engineer's report and Construction Drawings. 8. Geometric Design This task includes the development of horizontal geometry for the new taxiway in accordance with FAA Advisory Circular 150/5300-13A, Airport Design. Special attention will be required where the taxiway interfaces with existing Taxiway F and Runway I OR. The task also includes the design of improvements necessary to meet Taxiway Safety Area and Object Free Area clearance guidelines. The horizontal geometric design will be summarized in the Engineer's Report and presented in the construction drawings. Deliverable: Included in Engineer's report and Construction Drawings. 9. Surface Grading Design This task includes the development of required surface gradient information for the new taxiway project. A grading plan and pavement elevation plan will be established with consideration for FAA design standards and existing grading conditions. Cross sections and profiles will be created and included in the construction documents. Information deemed necessary for the construction of the surface grading will be shown in the construction drawings. Deliverable: Included in the Construction Drawings. 10. Pavement Marking Design This task consists of completing the pavement marking design in accordance with FAA Advisory Circular 150-5340-IK, Standards for Airport Markings. Pavement marking details/information will be included in the construction drawings. Deliverable: Included in the Construction Drawings. 11. Taxiway Lighting and Signage Design The new Cross -Field Taxiway Connector will require new taxiway edge lights and signage. This task consists of completing the design in accordance with the appropriate FAA design criteria. Taxiway edge lighting will be designed in accordance with FAA Advisory Circular 150-5340-30D, Design and Installation Details for Airport Visual Aids. Taxiway Signage will be designed in accordance with FAA Advisory Circular 150/5340-18E, Standards for Airport Sign Systems. Electrical calculations will be summarized in the Engineer's Report and taxiway edge lighting and signage details/information will be included in the construction drawings. Deliverable: Included in Engineer's report and Construction Drawings. Page 6 of 12 Packet Pg. 172 6.K.6.a SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT' CROSS -FIELD TAXIWAY CONNECTOR 12. Drainage Design and Stormwater Permitting This task includes the development of the stormwater drainage design for the new taxiway in accordance with FAA Advisory Circular 150/5320-5C, Surface Drainage Design. This task includes stormwater permitting with SFWMD, ACOE, and FPFWCD. The following drainage/permit activities are assumed: o A General ERP from South Florida Water Management District (SFWMD) is anticipated. Scope assumes the drainage requirements will be met in new swale areas that are constructed alongside the new taxiway. (Note: types of permits and the criteria are changing.) Even though there may be a new Statewide regulations associated with airside projects, we have assumed the limited discharge rule for Fort Pierce Farms Water Control District (FPFWCD) will require a series of treatment areas similar to the runway and taxiway system constructed for 1 OL-28R. o Proposed changes to sub -basins (as defined by the master drainage plan) will be documented. This project was not included in the Airport's Conceptual Permit that was previously approved. This effort is assumed to be a standalone project that will not have to modify the regional model for Conceptual Permit. o Permitting effort will also require an Army Corps of Engineers (ACOE) Nationwide # 14 permit for linear transportation projects. This assumes that the proposed taxiway alignment will avoid direct impacts to wetlands and the project does not trip a threshold of %2 acre of impacts to Waters of the U.S. o A Fort Pierce Farms Water Control District (FPFWCD) permit will require a minimum effort to demonstrate project will not increase runoff. The analysis will look at just the project area for documentation. A major effort to model a larger, regional area to obtain a FPFWCD permit is not included. Ownership of the canal was previously transferred to St. Lucie County, therefore a canal crossing permit is not anticipated. o NEPA documentation will be for a Categorical Exclusion (CatX). Environmental Assessment (EA) is not included in this scope. Deliverable: Permit application(s). Drainage design included in the Engineer's report and Construction Drawings. 13. Environmental Permitting This task includes the environmental services associated with the SFWMD and ACOE permitting efforts. The following environmental activities are assumed: o Verification of previously delineated jurisdictional wetland limits within 500 feet of Page 7 of 12 Packet Pg. 173 6.K.6.a SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT CROSS -FIELD TAXIWAY CONNECTOR the proposed taxiway alignment. This task includes reflagging wetland limits if necessary. o Preparation of applicable environmental sections of the General Permit application to be submitted to the SFWMD. o Assist in the preparation of the Nationwide Permit #14 documentation to be submitted to the ACOE. o Preliminary listed species assessment within the limits of the proposed taxiway alignment. A report that details the results of the assessment will be prepared and provided to the Airport. o A concurrence letter will be prepared for submittal to the U.S. Fish and Wildlife Service (USFWS). This task assumes that the project will not impact any federally listed species. This scope does not include consultation with the USFWS under Section 7 under the Endangered Species Act. o Technical specifications related to wetland protection and Iisted species. Deliverable: Permit application(s). Listed species assessment report. 14. Construction Phasing and Safety Planning This task entails developing the construction sequencing/phasing strategy and related safety and traffic control plans for this project. Consideration will be given to Airport operations and plans will be developed with the intent of minimizing disruption to normal operations on the airfield. CONSULTANT will complete the following sub -tasks: • Identify information to be requested from airport tenants and users and coordinate items with ST. LUCIE COUNTY. • Confirm with ST. LUCIE COUNTY the list of tenants and users that shall be contacted for input related to project phasing. • Provide ST, LUCIE COUNTY with technical data, including handouts, to be provided to the tenants regarding the project schedule. Phasing and safety plans will be presented in the construction drawings. Deliverable: Included in Engineer's report and Construction Drawings. Page 8 of 12 Packet Pg. 174 6.K.6.a SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT CROSS -FIELD TAXIWAY CONNECTOR 15. Quantity Take -offs and Estimates of Probable Construction Costs Consultant will determine the appropriate bid items, methods of measurement and payment for the construction contract. Consultant will perform quantity take -offs commensurate with the design stage and will prepare and submit to ST. LUCIE COUNTY an opinion of probable estimated construction cost at each design milestone. Deliverables: Submit opinion of probable estimated cost with the 60%, 90%, and Bid Document design milestones. The deliverables will include a discussion of any significant increase or decrease in quantities and/or costs since the previous cost estimate. 16.60% Design Drawings This task includes the development of drawings necessary and appropriate for the construction of this project to a 60% level of design as determined by the CONSULTANT. These drawings are expected to include the following sheets: • Cover Sheet • Index of Drawings • Summary of Quantities • General Notes • Site Plan • Geotechnical Borings • Horizontal Control Plan • Construction Phasing and Safety Plan(s) • Clearing / Demolition Plan(s) • Typical Pavement Sections • Horizontal Geometry & Paving Plan(s) • Taxiway Profile(s) • Pavement Elevation Plan(s) • Grading and Drainage Plan(s) • Taxiway Cross Sections Erosion Control Plan(s) • Pavement Marking Plan(s) • Airfield Electrical & Signage Plan(s) and Details 60% Design Drawings are intended to include major design items that provide enough information to describe the scope of the project. Detailed designed items may not be included in this submission. Drawings will be submitted to ST. LUCIE COUNTY for review and comment. Deliverables: Three (3) copies of half size (I I "x 17") plans Page 9 of 12 Packet Pg. 175 6.K.6.a SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT CROSS -FIELD TAXIWAY CONNECTOR 17. 90% Design Drawings This task includes the development of drawings necessary and appropriate for the construction of this project to a 90% level of design as determined by the CONSULTANT. These drawings are expected to include the following sheets: • Cover Sheet • Index of Drawings • Summary of Quantities • General Notes • Site Plan • Geotechnical Borings • Horizontal Control Plan • Construction Phasing and Safety Plan(s) • Clearing / Demolition Plan(s) • Typical Pavement Sections • Horizontal Geometry & Paving Plan(s) • Taxiway Profile(s) • Pavement Elevation Plan(s) • Grading and Drainage Plan(s) • Taxiway Cross Sections • Erosion Control Plan(s) • Pavement Marking Plan(s) • Airfield Electrical & Signage Plan(s) and Details 90% Design Drawings are intended to include major design items that provide enough information to describe the scope of the project. Detailed designed items may not be included in this submission. Drawings will be submitted to ST. LUCIE COUNTY for review and comment. Deliverables: Three (3) copies of half size (1 I "x17") plans 18. Bid Package Drawings Under this task, the CONSULTANT will prepare one (1) set of bid package drawings based on ST. LUCIE COUNTY's acceptance of the previous task. The CONSULTANT will take the 90% drawings and develop into a Final Design level of detail to be submitted to ST. LUCIE COUNTY. Deliverables: The CONSULTANT will furnish one (1) copy of half size (I I"x17") plans each to ST. LUCIE COUNTY, the FAA, and the FDOT at Final Design for review and comment for the bid package. One signed and sealed full size (22"04") and one (1) signed and sealed half-size copy of the final drawings will be submitted to ST. LUCIE COUNTY after comments are incorporated. Page 10 of 12 Packet Pg. 176 6.K.6.a SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT CROSS -FIELD TAXIWAY CONNECTOR 19. Construction Specifications This task includes the compilation and development of a project manual for use during the construction of this project in accordance with Federal, State, and Local requirements. ST. LUCIE COUNTY's standard "front end" documents will be provided to the CONSULTANT. The CONSULTANT will review these "front end" documents and the standard FAA "front end" documents to create one cohesive set of "front end" documents. Technical specifications will conform to the most current version of the FAA Advisory Circular 150/5327-1 OF, Standards for Specifying Construction of Airports, when available. If standard FAA technical specifications are not available for a particular construction item, the CONSULTANT will create the necessary technical specification. One set of Construction Specifications will be prepared for each bid package as outlined above. Deliverable: Construction Specifications will be provided with 60%, 90%, and Bid Package Drawings as described above in equal quantity 20. Development of Engineer's Report This task includes the completion of an Engineer's design report with a narrative documenting the design process. This report will include a summary of pertinent geotechnical data, geometric design, pavement design calculations, airfield electrical calculations, construction phasing, and the final opinion of probable construction costs. This report will follow the basic format and include information as required by the FAA. A single engineer's report will be provided for the project as a whole regardless of the number of bid packages prepared. Deliverable: One (1) copies of the Engineer's Report will be provided to ST. LUCIE COUNTY, the FAA, and the FDOT with the Final Design bid package drawings and specifications. B. Bidding Phase Services 21. Preparation of Bid Documents Under this task, the CONSULTANT will incorporate final comments from ST. LUCIE COUNTY and the FAA to prepare final Contract Documents for bidding. Documents will be updated to include final bidding dates and requirements as provided by ST. LUCIE COUNTY. Once final Bidding Documents are created, the CONSULTANT will submit to ST. LUCIE COUNTY Purchasing for distribution. Deliverable: Eight (8) bound sets each of half-size drawings and one (1) electronic copy of the specifications. 22. Project Bid Assistance This task includes limited assistance to ST. LUCIE COUNTY during the bidding phase for one (1) bid package. Under this task, the CONSULTANT will aid ST. LUCIE COUNTY by Page 11 of 12 Packet Pg. 177 6.K.6.a SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT CROSS -FIELD TAXIWAY CONNECTOR preparing addenda relating to the design as necessary to interpret or clarify the Bidding Documents for construction. The CONSULTANT will conduct the Pre -Bid Conference and issue meeting minutes. The CONSULTANT will also respond to written technical questions from prospective bidders which are submitted to ST. LUCIE COUNTY with respect to the construction drawings and specifications prepared under this scope of work. Once bids are received, the CONSULTANT will assist ST. LUCIE COUNTY in evaluating the unit prices submitted and provide a written recommendation of award. o Preparing pre -bid conference meeting agenda o Conducting pre -bid conference o Preparing pre -bid conference meeting minutes o Reviewing submitted bids for correct calculations o Preparing a bid tabulation o Providing recommendation of award letter Deliverable: Forms, specifications, and/or drawings necessary to be issued under addenda, bid tabulation, and written recommendation of award 23. Preparation of Conformed Documents Under this task, the CONSULTANT will prepare a set of Conformed Documents for use during construction of this project for one (I) bid package. Conformed Documents result from the integration of items modified and/or revised via addendum during the Bidding Phase into the Bidding Documents (plans and specifications), resulting in an "official" set of Conformed Documents to be used for Construction. Deliverables: The CONSULTANT will furnish the following number of copies of Conformed Drawings for use during construction: • ST. LUCIE COUNTY Airport Staff — 2 half size • ST. LUCIE COUNTY Purchasing Staff -- 1 set conformed, original -signed specification book • Contractor — I full size and 5 half size • A set of Conformed Specifications will be provided with each set of Conformed Drawings. END OF ATTACHMENT A Page 12 of 12 Packet Pg. 178 6.K.6.a SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT DESIGN AND BID PHASE SERVICES FOR CROSS -FIELD TAXIWAY CONNECTOR ATTACHMENT B BASIC ASSUMPTIONS DESIGN AND BID PHASE SERVICES FOR CROSS -FIELD TAXIWAY CONNECTOR AT ST. LUCIE COUNTY INTERNATIONAL AIRPORT FT. PIERCE, FLORIDA March 2013 The following is a list of assumptions forming the basis of the CONSULTANT's cost proposal included herein, as Attachment C, for providing the services detailed in the Scope of Work for this project. Any modification and/or revision to these basic assumptions will constitute a change in the project scope and may result in a revision to the CONSULTANT's cost proposal. 1. ST. LUCIE COUNTY will provide all criteria and full information regarding ST. LUCIE COUNTY's requirements for the project including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. 2. ST. LUCIE COUNTY will furnish copies of all required design and construction standards (other than standards listed in the Design Criteria) to be included in the drawings and specifications. 3. All contract documents (front end, technical specifications and construction drawings) will be developed in FAA and/or the CONSULTANT's standard format. 4. The latest edition of ST. LUCIE COUNTY's standard "front end" documents will be provided to the CONSULTANT. 5. All drawings will be created in black and white AUtoCAD 2012 format. 6. All plans will be prepared in English units. 7. ST. LUCIE COUNTY will provide the CONSULTANT with copies of record drawings of relevant previous projects if available. 8. Adding a Cross -Field Taxiway Connector will require a Standard General ERP from South Florida Water Management District (SFWMD) and a Fort Pierce Farms Water Control District (FPFWCD) permit. B-1 Packet Pg. 179 6.K.6.a SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT DESIGN AND BID PHASE SERVICES FOR CROSS -FIELD TAXIWAY CONNECTOR 9. No wetlands will be directly impacted by the site development and, as such, no resulting mitigation will be required. 10. An Environmental Assessment (EA) is not included in the scope of work. 11. All trees within the proposed project area have been previously permitted for removal and mitigation has been provided. No tree removal permit from St. Lucie County will be necessary. 12. ST. LUCIE COUNTY will not require Development Review Committee review and permitting. 13. Documentation of other sections of the airport property and a regional approach to the FPFWCD permit is outside this scope of services. 14. ST. LUCIE COUNTY will sign permits applications and pay all permit fees. 15. The CONSULTANT will not be responsible for the following drainage related items: o Updates to the Conceptual Drainage Permit for the Airport o Flood plain impacts or compensation o Phosphorus loading calculations are assumed to not be required 16. Construction phase services will be negotiated at future date, when funding availability is determined and a schedule for construction is established. 17. A Construction Management Plan will be developed as part of the Construction phase services. 18. The following surveys/studies are not included in the design and bidding scope. If during design it is determined that these efforts are required, they will be performed as part of the Construction Phase Services, which will be negotiated at a future date: ■ Florida scrub jay surveys ■ Gopher tortoise burrow surveys ■ Gopher tortoise relocation permitting services ■ Red -cockaded woodpecker surveys ■ Tree surveys ■ Hazardous Wildlife Management Plan update END ATTACHMENT B B-2 Packet Pg. 180 6.K.6.a Attachment C Consultant's Estimate of Compensation October 31, 2012 St Lucie County International Airport Design and Bid Phase Services - Gross Field Taxhvay Connector M1tANHOURS BY CLASSIFICATION ITEB[ TASK SFt SR. ENO. PROJ. CAU6 1 SR. SCIENTIST CLERICAL N0. PRIN ENGR lit ENGR. LI ENG. TECH. SCIENTIST SUPPORT ATKINS LABOR - WICSERVICES & 1 ,4i Ph — AI Fro ecl Admimsi adon & Coordination RO 32 A 2 01 Contml and Scicduli 15 RO 20 Ad Pm'oc1 Msxti 8 Mtgs 30 30 30 10 AA Cnllcc0onard Rcricw ofBnislin Data 4 16 2n 6 A5 To rd hic Sunr (scc below) 4 20 6 A6 Geotechni®1 [nres0 lion (soc blow 4 20 6 A.7 Pa;emerd Desi nand Detailin 10 43 30 2n A.9 Geometric Desi 4 40 40 40 A.9 S-11..OrufirgDinign 4 30 48 56 A,16 Pacemenl D.Mg, 4 20 20 10 All 'E�dwa Li 0 and Si rra Desi 4 16 20 20 A.0 Omi eDai and Stmm�valer Pesmiltin 64 160 232 96 20 A.D Em•irorullcreal Pcmvuin 3 104 l8 6 A.14 Cora6uclion Phasiq and Safety Planni 6 16 24 24 A.IS Quaid Take4lfsand FsrimatcsofProbab] Costs 4 32 56 32 n.lB W, Des i Dra,d 8 20 72 72 l0 A,17 90%Dcsi Dwvi 8 16 64 64 A,18 Bid Packiipz DmMn (10W. DCa1 0) R 12 56 56 l0 A,19 lComuticilon5 cifica0ons 41 40 40 20 A20 Dcvdo runt of En'nccfs Report 4 40 20 l0 TOTAL HOURS: 269 619 812 490 196 HOURLY BILLING RATE: $165.00 $120.130 1 $104,00 1 S'aou I SK8.00 1 $63.00 1 $60.00 EXTENDEDTOTAL: S445RSA0 1 $74,290,00 1 S",148.00 I 544,100.00 I I 1 .11,760A0 LABOR FEES SUBTOTAL: 525V73,00 H. Wddb, Ph- 1321 I'mpanition of Bid Docunlenis 1 8 1 81 8 1 1 1 4 1;22 Proedfilid Assislame e 8 24 16 13]3 PrvpmIiGnorConfomwdDoc..xms 8 20 4 TOTALHOURS: 8 16 40 18 0 0 24 HOURLY BILLING RATE; $165.001 S120.00 $104.DO S90.W 1 S8800 $63.00 woo EXTENDED TOTAL: S1,320.00 I 31,920A0 S4,I60.00 S2510.00 I SO.00 $0,00 S1,440.00 LABOR FEES SUBTOTAL: S11,360.00 nIRE.CT)NPENSFS-ATKINS SASICSERVIC'ES(Im-1,dt e'fnrel Er ,a PnnW6('e in Rni. .nd SHUP01. J 57,450.00 MAL LUMPSUM FEE - DESIGNAND RIDDING PRASE SERVICES FOR DESIGN OF CROSS FIELD TAXI)VAY CONNECTOR 5347,793.00 Packet Pg. 181 6.K.6.a 0 f cn 7 � E Y E E 75 co E U) m U) m c QE1 N 7 w a` CD Q m -` m .... M m m 0 m m M M Co m Cr) • m mCl) .t v v 0 r T -T E ai o co % o cLo co rn N u� a '0 1 N rn r m O Q 7 L In 47 N ;�}` N pp m -M N N N N N T m N r C .y C .� G .0 V O 'C C O) O �O I'r r r C L C C O LL O LL 'C 7 'C L4 O C C 'C O : C '0 U a g a ~ c0 LL LL g o m LL LL LL o a o c 0 ro rn� F G E C ro c o E C _0 Cl) m m Cl) ' m Cl) m m m m m M M M .... ('') m m m M M V �� F Q- 'o aN r r r r r r r r r r r r r r r + .-- = p` O_ Q a F aD a0 `O :OO W ;D (� Sri �fi �t] (p r N aP N m m M co (M v � D D 7 C -C V a It 4 V V ul � r r 00 . �O N _ N `- N fV N (�! N _0 -D -0 Q O co y (�O C C c C C c C C r n c , r O r r -N N C1+ { C N 0 0 0 L% C a U) O 0 O O O O 0 O c c O 7 N r C - O 7 O O O Q J ❑ O ~ N T Y 0 o v 5 3 ro '3 ro 3 3 '.[V a O m CO C') to CDIIN 7 N ID al Cl) O ~ i C CD E 0 0 a m N N C co E o U (U E n o E co o co L) a cn7 m O O 0 N0. N L7 'CJ N CO O (0 3 N C cd U C CD C N Oco co -o 0E E N r!i t U o N a' (Di6 a m LL a� > -a o a a 2 o ro LL cA I� W O) O T N N y N N N O 4 C] Q Packet Pg. 182 6.K.6.a Attachment F COnsuhant's Estimate of Compensation October 31, 2012 St Lucie County International Airport Design and Bid Phase SerwiCes - Cross Field Taxiway Connector MANROURS BY CLASSIFICATION TPEaI 'TASK 5R PM1 SR. ENG.. PROJ. - CADD! SIL SCIENTIST CLERICAL Na PRIN ENGA III ENGIL II E142TECR. SCIENTIST SUPPORT ATKINS L%BUR - &LSIC stKvicP:a A Dad. Ph— A,I Pro'al Ad_ jat1oo&CwTdLMiiDa A.2 Qualil C=tand&hsdWi A3 Pre al Mecd A.4 ColbcOon and RcvdcwoMis' Dada A,5 Topograp1d. S— (sea below Ab Goo(ethnicallmestidon wbelow) A7 Pavcmcra Desi nand Iktailing A.a Goomciric Design A s iSadacc Grading D6 n A.10 ftcmel Marking Dc,ign A_II T"wayLighTinfand ignagaMsign A.12 DraimgcDes naMStomwalorPzrrrvht$ng A.IS Emiro—r&d Nratitdg A.14 170 ahuetinn Phasing and Safety Planning A.Is Qramil Take -Off. and Estimates of ftbably Costa A.16 WA Design Dawi AAT 9M. Desi8n ❑awi A.la Bid package Dawin (10094 Desd ) AA9 COMIYUCU0A SpWftiltimll A.20 I)m cla nrni of En 1r eA Repon TOTALIIOURS: 0 0 0 4 0 01 0 HOURLY BILLING RATE: EXTENDEDTOTAL: 30.00 SO.00 S0.06 S0.00 I SD.00 S0,00 Sa.00 LABOR FEES SUBTOTAL: 551,1)(I R BlddlnEPh.. R.21 Pre lionoFBid Docun>ents ll.22 Pro"at Bid Assistance B.23 P.Paratioriorcorovwd 6ocumes11 TOTALLIOURSs 0 0 0 0 0 0 0 HOURLY DD,LINO RATE: EXTENDED TOTAL„ $0.00 S0.00 S0.00 S0.00 $0.00 50.00 I S0.00 LABOR FEES SUBTOTAL: S0.00 01RE(.TLr\PENsm-ATjN9 R1SIC SERVICES Eapn Pdndna, C'u 1np,l [. and SMppinal TOTAL. LUMPS'UAI FEE- DESIGNAND BIDDING PMASESERVIC'EV FOR DESIGIV OF CROSS FIELD TAXIB'A Y CONNECTOR Sapp Packet Pg. 184 ITEM NO. (ID # 1165) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS John Wiatrak, Airport Manager DATE: 04/02/2013 *CONSENT AGENDA\PLANNING AND DEVELOPMENT SERVICES St. Lucie County International Airport Division To Approve Second Amendment of Michael Baker Inc. Work Authorization No. 37 for Customs & Border Protection Facility Renovations This agenda request is for Board approval of Michael Baker Inc. Second Amendment to Work Authorization (WA) No. 37 for professional engineering and design services to modernize the existing Customs & Border Protection (CBP) Facility. PREVIOUS ACTION: November 9, 2010 - Board approved Resolution No. 10-280 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement. January 4, 2011 - Board approved Budget Resolution No. 11-024 establishing the fund. August 16, 2011 - Board approved Michael Baker, Inc. WA No. 37 for Professional Engineering and Design services for the Customs & Border Protection (CBP) Facility Renovation Project. September 13, 2012 - First Amendment to WA No. 37 was approved for a cost increase of $42,666 increasing the total to $172,002. FINANCIAL IMPACT: 140372-4220-562005-114601 - Building -Consultant Engineer RECOMMENDATION: Board approval of Michael Baker, Inc. Second Amendment to WA No. 37 for Professional Engineering and Design services for the St. Lucie County International Airport Customs & Border Protection (CBP) Facility Renovation Project for a revised lump sum cost of $230,967, an extension of time for completion to 9/30/2013, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 185 6.K.7 RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coord i nation / Sig natures M rk t rl e, P, ning & irecto 3/21/2013 ianiVAttorney 3/21/2013 Updated: 3/25/2013 8:55 AM by John Wiatrak Page 2 Packet Pg. 186 6.K.7.a COUNTY F L 0 R I D A SECOND AMENDMENT TO WORK AUTHORIZATION NO. 37 CONTRACT C07-04-213 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS AMENDMENT is made as of the 2"d day of April , 2013, by and between the ST LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and MICHAEL BAKER JR., INC., hereinafter referred to as the "Consultant". W ITN ESSETH: WHEREAS, on April 3, 2007, the County entered into a Consulting Agreement (Contract No. C07- 04-213) hereinafter referred to as "Contract" with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, on August 16, 2011, the parties executed work authorization no. 37 for the project known as "St. Lucie County International Airport — Customs Facility Building Renovation and Optional Addition"; and, WHEREAS, on September 13, 2012, the parties executed the first amendment to revise the scope of services and increase the compensation; and, WHEREAS, the parties desire to further amend the work authorization to revise the scope of services and increase the compensation. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-04-213). The additional services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the project schedule, which is made a part of this work authorization and incorporated herein as Exhibit "B". Page 1 of 3 Packet Pg. 187 6.K.7.a Second Amendment to Work Authorization No. 37 Contract C07-04-213 2. COMPENSATION: The additional cost to perform all services as described in the attached Scope of Services will not exceed a total amount of $58,965.00 (fifty-eight thousand nine hundred sixty-five and 00/100 dollars), as further detailed in Exhibit "C" for total work authorization amount not to exceed $230,967.00 (two hundred thirty thousand nine hundred sixty-seven and 00/100 dollars) 3. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the original work authorization and the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within 515 (five hundred fifteen) calendar days thereafter herein described in the Exhibit "B" Services Schedule. C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization in multiple copies, each of which shall be considered an original on the date first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2 of 3 Packet Pg. 188 6.K.7.a Second Amendment to Work Authorization No. 37 Contract C07-04-213 WITNESSES: (1) MICHAEL BAKER 1R., INC. BY: (2) PRINT NAME: Page 3 of 3 Packet Pg. 189 (Alllloe=l d8D `L£ VM COI IuauapuOwV puZ : 99 L L) owaW BulpllnElswolsnD :luawgoelIV c (6 a THE LPA GROUP INCORPORATED — A Unit of Michael Baker Corporation 4) 2000 PALM BEACH LAKES BLVD., SUITE 600, WEST PALM BEACH, FLORIDA 33409 (561) 686-5130, (561) 686-5131 FAX a February 27, 2013 Mr. John Wiatrak, Airport Manager St. Lucie County International Airport 3000 Curtis King Boulevard Ft. Pierce, FL 34946 Subject: General Aviation Customs Facility (GAF) Building Renovation and Addition St. Lucie County International Airport Mr. Wiatrak, This letter is in response to the request to submit a time extension and revised scope and fee proposal to Work Authorization No. 37 — First Amendment under Contractor No. C07-04-13 for the above referenced project. This revision is in addition to the first amendment previously submitted and approved which came about as a result of the multiple program and design revisions that our office received from U.S. Customs and Border Protection (CBP). The enclosed documentation outlines and modifies the work in three specific areas: • CBP requested changes from September 3, 2012 through December 17, 2012. These multiple changes were mutually shared with your office and acted upon as directed. • The additional scope and fee for Phases 2, 3 & 4 as outlined in Exhibit A "SCOPE OF SERVICES & Exhibit C "PAYMENT TERMS". This scope and fee will be applicable for the 30, 60, 90 & 100% submittals based on the approved design and schedule (see Exhibit B "SERVICES SCHEDULE"). • The additional scope and fee for Phase 6 as outlined in Exhibit A "SCOPE OF SERVICES" & Exhibit C "PAYMENT TERMS". This scope is being presented as a result of the request made and agreed upon at the meeting held October 28, 2012 attended by our office and SLC for expanded services during the construction phase of the project. If you have any questions regarding any of the above or if we can be of further assistance, please do not hesitate to contact our office. Sincerely, --� .At, Fernando R. Prieto Senior Project Manager 6.K.7.a EXHIBIT A SCOPE OF SERVICES ADDITIONAL SERVICES CUSTOMS FACILITY BUILDING RENOVATION AND ADDITION St. Lucie County International Airport PROJECT DESCRIPTION St. Lucie County International Airport (SLCIA) desires to make improvements to the existing Customs �i Facility Building. At the request of SLCIA, The LPA Group Incorporated/Michael Baker Corporation m (LPA/Baker) has prepared a Scope of Work and fee proposal which corresponds with the proposed 0 improvements of approximately 10,525 s.f. of interior renovation and building addition connecting the Customs Building to the existing Main Terminal Building. The proposed renovation work will meet the requirements for a General Aviation Facility (GAF). This scope ,o of work is representative of additional services to the existing contract as a result of program and design c changes made by US Customs & Border Protection (CBP). These changes are enumerated below. E c d E BACKGROUND a c N LPA/Baker had been working on preparing the 60% Design Development Submittal, through June of 2012, LO when CBP made significant revisions to their Programming Requirements. The programming changes were `r° sent to LPA/Baker on June 25, 2012. The floor plan design was subsequently revised by CBP at meeting held v on July 30, 2012. This meeting was attended by CBP, SLCIA and LPA/Baker. Due to these changes, E LPA/Baker submitted and received approval of an Amendment to the Contract on September 13, 2012, to address the extra Design Work. This said first amendment is scheduled to expire on February 26, 2013. In order not to lose momentum and as directed by SLCIA, LPA/Baker commenced work on the revisions to �2 the original design plan. The new design was submitted to SLCIA & CBP for review on August 13, 2012. 00 LPA/Baker was prepared to continue working on the 60% Design Documents submittal and inquired about E the status of the project on September 28, 2012. U LPA/Baker received additional changes from CBP to the floor plan design on October 12, 2012. SLCIA directed LPA/Baker to revise the floor plan design. Thereafter, LPA/Baker met with SLCIA on c m E October 28, 2012 to review these latest revisions. Following this meeting, on November 16, 2012, CBP againcc cc issued changes to the floor plan design, with additional and final follow up changes on November 28, 2012. Q LPA/Baker prepared a revised project schedule & revised design floor plan. The revised schedule and floor plan were submitted to CBP on December 18, 2012. This last submittal was accepted by the CBP Project Manager on December 19, 2012, however these changes were then "routed for approval". Formal approval of the floor plan design was confirmed by CBP on February 1, 2013. Refer to Exhibit C "PAYMENT TERMS" for professional design fees and Exhibit D `BREAKDOWN OF HOURS EXPENDED SINCE 9/3/12" for the changes described above. Page 1 of 4 Packet Pg. 191 6.K.7.a As part of this CBP approval of the latest Revised Design, LPABAKERBaker is required to revise the drawings from 30% Preliminary Design through 60% Design Development and finalize 100% Construction Documents. THE LPA GROUP/BAKER (LPA/Baker) will perform the following Basic Services for this project. Phase 1 Inventory and Evaluations — No Change to the Current Contract Phase 2 — Revised Preliminary Design (30% Submittal) Summary of Services: The following services will be performed in Phase 2: 1) LPA/Baker shall review with SLCIA and CBP preliminary concepts to the design and construction of the Project. 2) LPA/Baker shall prepare Preliminary Passenger Flow Diagrams for review with SLCIA and CBP, connecting the Customs Building to the Main Terminal. 3) LPA/Baker shall coordinate with CBP and SLCIA in the preparation of an "Equipment List" designating what equipment is to be provided/installed by CBP, to be provided by CBP/installed by SLCIA's General Contractor and provided/installed by SLCIA's General Contractor through the Construction Contract. 4) Based on the mutually agreed upon program, schedule and construction budget requirements, LPA/Baker shall prepare, for approval by the SLCIA and CBP, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 5) LPA/Baker shall submit to the SLCIA and CBP a preliminary estimate of probable Construction Cost based on defined areas of work. Deliverables: Three (3) copies of the Preliminary Design Drawings (30% Submittal) will be submitted to the SLCIA and CBP for review and approval. Phase 3 —Revised Design Development (60% Submittal) Summary of Services: The following services will be performed in Phase 3: 1) Based on the approved Preliminary Design Document and Preliminary Passenger Flow Diagrams, and any adjustments by SLCIA on the program, schedule or construction budget, LPA/Baker shall prepare for approval by the SLCIA and CBP, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, mechanical, plumbing, electrical systems and security systems, materials and such other elements as may be appropriate. Page 2 of 4 Packet Pg. 192 6.K.7.a 2) LPABaker shall finalize Passenger Flow Diagrams for review with SLCIA and CBP during this phase. 3) LPABaker shall further coordinate with CBP and SLCIA in the preparation of an "Equipment List" designating what equipment is to be provided/installed by CBP, to be provided by CBP/installed by SLCIA's General Contractor and provided/installed by SLCIA's General Contractor through the Construction Contract. 4) Preliminary Construction Phasing / Safety / and Staging Plan and Construction Schedule. 5) LPABaker shall advise the SLCIA and CBP of any adjustments to the preliminary estimate of Construction Cost or of the Project Schedule. Deliverables (Phase 3): Three (3) Copies of the Design Development Drawings (60% Submittal) and Estimates will be submitted to the SLCIA and CBP for review and approval. Phase 4 — Finalize Construction Documents (90% and 100% Submittals) Summaty of Services: The following services will be performed in Phase 4: 1) LPABaker shall revise the Construction Documents to address the CBP Transition from the Terminal Building to the Customs Building, and the associated Site Work. Deliverables (Phase 4A): Three (3) copies of the 90% Plans and Specifications will be submitted to the SLCIA and CBP for review and approval. One (1) set of 100% Documents will be submitted to SLCIA for final review and approval. Upon receiving the 90% comments, LPABaker will proceed with the development of 100% Documents. One set of 100% Documents shall be provided to SLCIA for final review and approval prior to production of the Final Documents. Final Signed and Sealed Contract Documents will be delivered to the SLCIA and CBP for Bidding. Permit Applications and documents will be submitted for approval. Deliverables (Phase 4B� Final Contract Documents (signed and sealed) will be prepared, three (3) sets of Plans and Specifications. Final Construction Plans and Specifications in reproducible format will also be submitted to the SLCIA and CBP. Phase 5— Bidding and Award of Contract — No Change to the Current Contract Phase 6 — Construction Administration Service — LPABaker will provide an expanded scope of work for Phase 6 - Construction Administration Service in accordance with the General Scope of Services to the Contract for Consulting/Professional Services dated April 3, 2007 for this project. This expanded scope of work shall include an additional site visit and associated travel expense per month for the duration of the Construction Administration Service phase of the project. Therefore making the expanded scope of Page 3 of 4 Packet Pg. 193 6.K.7.a work to a total of (2) site visits per month. Reference Exhibit C — PAYMENT TERMS attached hereto. Other Provisions a) The SLCIA and CBP will provide the LPA/Baker and their SUBCONSULTANTS access to the site and all available information pertinent to this project b) The SLCIA will provide access to pertinent information regarding airport property, boundary, easement, right-of-way and other information necessary for the design and permitting of the project. Page 4 of 4 Packet Pg. 194 6.K.7.a um GRCIRW TH'LIPA IRAPUPOWAWCMlrSL1LTVsMfk .4k-ffWWWeWRCps"N"M EXHIBIT B SERVICES SCHEDULE ST. LUCIE INTERNATIONAL AIRPORT CUSTOMS BUILDING RENOVATION AND OPTIONAL ADDITION PROJECT PROPOSED PHASE DURATIONS & DATES St. Lucie County International Airport Fort Pierce, Florida Schedule to be completed as follows: Estimated Design Time - Phase 1 Inventory and Evaluations Phase 2 Revised Preliminary Design (30% Submittal) SLCIA & USDHS CBP Review Phase 3 Revised Design Development (60% Submittal) SLCIA & USDHS CBP Review Phase 4a Construction Documents (90% Submittal) SLCIA & USDHS CBP Review Phase 4b Construction Documents (100% Submittal) SLCIA & USDHS CBP Review Estimated Design Time Sub -total Task Completed Thirty (30) days Fifteen (15) Days March 3, 2013 March 18, 2013 Thirty (30) Days April 17, 2013 Fifteen (15) Days May 2, 2013 Forty Five (45) days June 16, 2013 Fifteen (15) Days July 1, 2013 Fifteen (15) days July 16, 2013 Fifteen (15) Days July 31, 2013 One Hundred eighty (180) Days r U_ a- m U ti M Q L 0 c a� E c a� E Q c N LO r 0 E aD a, c .3 m E 0 U r c 0 E U Q Customs Building Renovation & Optional Addition, St. Lucie County International Airport 02/06/ Packet Pg. 195 6.K.7.a SERVICES SCHEDULE (CONT'D) ST. LUCIE INTERNATIONAL AIRPORT CUSTOMS BUILDING RENOVATION AND OPTIONAL ADDITION PROJECT Estimated Phase 5 Bidding & Negotiations thru Phase 6 Construction Administration - Phase 5 Bidding & Negotiations (Permitting to be concurrent with Phase 5 Bidding & Negotiations) SLCIA & USDHS CBP Review SLC Board of County Commissioner Approval Phase 6 Construction Administration Thru Substantial Completion Thru Final Completion Estimated Phase 5 thru Phase 6 Time Sub -total Estimated Total Project Scheduled Time Forty Five (45) Days September 14, 2013 Fifteen (15) Days Thirty (30) Days One Hundred Eighty (180) Days Sixty Five (65) Days September 29, 2013 October 29, 2013 April 27, 2014 July 1, 2014 Three Hundred Thirty Five (335) Days Five Hundred Fifteen (515) Days Customs Building Renovation & Optional Addition, St. Lucie County International Airport Packet Pg. 196 6.K.7.a _Jw`FA Exhibit C 25-Feb-13 PAYMENT TERMS CUSTOMS BUILDING RENOVATION & ADDITION PROJECT Second Additional Services for Revisions to Preliminary Design, Development of Design & Finalize Construction Documents, Per CBP Program Revisions & Additional Project Coordination & Construction Work (Retrofit the Terminal TSA Area) SAINT LUCIE INTERNATIONAL AIRPORT FORT PIERCE, FLORIDA 10,525 S.F. RENOVATION + ADDITION Each phase will be invoiced as a Deliverable for Work completed Basic Building & Site Design: Architecture MPE Engineering Structural Engineering Civil Engineering Basic Building & Site Subtotal Fees: Specialty Design & Landscape Architecture Fees: Security/Electronic Systems Landscape Architect Specialty/Electronic & Landscape Architecture Subtotal Fees: Total Professional Design Fees Transportation, Printing Shipping, etc Total Preliminary Design thru Finalized CD Fees & Reimbursable Direct Costs: PHASE 1 PHASE 2 PHASE 3 PHASE 4 PHASE 5 PHASE 6 Construction Preliminary Design Design Development Documents (90 % and Construction Inventory and (30 % Submittal) - (60 % Submittal) - 100 % Submittals) - Bidding and Administration - Evaluations - No Arch./MPE/Struct. Arch./MPE/Struct./Ci Architectural/Civil Negotiations -No Architectural/Civil- Change to the Current Fees Change to vil Fees Change to Fees Change to the Change to the Change to the Contract Current Contract Current Contract Current Contract Current Contract Current Contract PHASE 1 PHASE 2 PHASE 3 PHASE 4 PHASE 5 PHASE 6 Inventory and Evaluations Preliminary Design Design Development Construction Documents Bidding and Negotiations Construction Administration $ - $ 521 $ 660 $ 184 $ - $ 924 a+ Fees for three Preliminary Re -Designs submitted to CBP from 09.03.12 thru 12.17.12 (Refer to Exhibit D -"BREAKDOWN OF HOURS EXPENDED SINCE 9/3112") $ 15,568 Q Total Professional Fees & Direct Costs : $ 58,965 Page 1 of 1 2/25/2013 Packet Pg. 197 6.K.7.a WEEK OF EXHIBIT D ST LUCIE CUSTOMS BREAKDOWN OF HOURS EXTENDED SINCE 9/3/12 RAF FP KB JAM AC EG SG TOTAL 3-Sep 10-Sep 17-Sep 24-5 e p 1-Oct 8-Oct 15-Oct 22-Oct 29-Oct 5-Nov 12-Nov 19-Nov 26-Nov 3-Dec 10-Dec 17-Dec 3 3 1 2 4 7 6 1 2 9 8 5 13 4 5 9 1 7 1 2 6 17 5 7 3 15 1 18 19 0 2.5 2.5 1 6 2 9 3 1.5 4.5 0 2 2 0 4.75 4.75 0 3 1 4 3 1 4 6 6 18 15 64.75 9 4 5 13 $ 171.00 $ 171.00 $ 108.00 $ 108.00 $ 108.00 $ 108.00 $ 76.00 $ 3,078.00 $ 2,565.00 $ 6,993.00 $ 972.00 $ 432.00 $ 540.00 $ 988.00 $ 15,568.00 Packet Pg. 198 COUNTY F L 0 R I D A SECOND AMENDMENT TO WORK AUTHORIZATION NO. 37 CONTRACT C07-04-213 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS AMENDMENT is made as of the 2"d day of April , 2013, by and between the ST LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and MICHAEL BAKER JR., INC., hereinafter referred to as the "Consultant". W ITN ESSETH: WHEREAS, on April 3, 2007, the County entered into a Consulting Agreement (Contract No. C07- 04-213) hereinafter referred to as "Contract" with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, on August 16, 2011, the parties executed work authorization no. 37 for the project known as "St. Lucie County International Airport — Customs Facility Building Renovation and Optional Addition"; and, WHEREAS, on September 13, 2012, the parties executed the first amendment to revise the scope of services and increase the compensation; and, WHEREAS, the parties desire to further amend the work authorization to revise the scope of services and increase the compensation. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-04-213). The additional services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the project schedule, which is made a part of this work authorization and incorporated herein as Exhibit "B". Page 1 of 3 Packet Pg. 199 Second Amendment to Work Authorization No. 37 Contract C07-04-213 2. COMPENSATION: The additional cost to perform all services as described in the attached Scope of Services will not exceed a total amount of $58,965.00 (fifty-eight thousand nine hundred sixty-five and 00/100 dollars), as further detailed in Exhibit "C" for total work authorization amount not to exceed $230,967.00 (two hundred thirty thousand nine hundred sixty-seven and 00/100 dollars) 3. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the original work authorization and the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within 515 (five hundred fifteen) calendar days thereafter herein described in the Exhibit "B" Services Schedule. C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization in multiple copies, each of which shall be considered an original on the date first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2 of 3 Packet Pg. 200 Second Amendment to Work Authorization No. 37 Contract C07-04-213 WITNESSES: (1) MICHAEL BAKER 1R., INC. BY: (2) PRINT NAME: Page 3 of 3 Packet Pg. 201 (41!38=1 d80 `L£ dM J014u8uapu8uaV puZ : 9966) u61sea swo;sna L£#dM;wpwV puZ 13W :;uewL13e;;V N o N a THE LPA GROUP INCORPORATED —A Unit of Michael Baker Corporation 2000 PALM BEACH LAKES BLVD., SUITE 600, WEST PALM BEACH, FLORIDA 33409 (561) 686-5130, (561) 686-5131 FAX a February 27, 2013 Mr. John Wiatrak, Airport Manager St. Lucie County International Airport 3000 Curtis King Boulevard Ft. Pierce, FL 34946 Subject: General Aviation Customs Facility (GAF) Building Renovation and Addition St. Lucie County International Airport Mr. Wiatrak, This letter is in response to the request to submit a time extension and revised scope and fee proposal to Work Authorization No. 37 — First Amendment under Contractor No. C07-04-13 for the above referenced project. This revision is in addition to the first amendment previously submitted and approved which came about as a result of the multiple program and design revisions that our office received from U.S. Customs and Border Protection (CBP). The enclosed documentation outlines and modifies the work in three specific areas: • CBP requested changes from September 3, 2012 through December 17, 2012. These multiple changes were mutually shared with your office and acted upon as directed. • The additional scope and fee for Phases 2, 3 & 4 as outlined in Exhibit A "SCOPE OF SERVICES & Exhibit C "PAYMENT TERMS". This scope and fee will be applicable for the 30, 60, 90 & 100% submittals based on the approved design and schedule (see Exhibit B "SERVICES SCHEDULE"). • The additional scope and fee for Phase 6 as outlined in Exhibit A "SCOPE OF SERVICES" & Exhibit C "PAYMENT TERMS". This scope is being presented as a result of the request made and agreed upon at the meeting held October 28, 2012 attended by our office and SLC for expanded services during the construction phase of the project. If you have any questions regarding any of the above or if we can be of further assistance, please do not hesitate to contact our office. Sincerely, --� .At, Fernando R. Prieto Senior Project Manager 6.K.7.b EXHIBIT A SCOPE OF SERVICES ADDITIONAL SERVICES CUSTOMS FACILITY BUILDING RENOVATION AND ADDITION St. Lucie County International Airport PROJECT DESCRIPTION St. Lucie County International Airport (SLCIA) desires to make improvements to the existing Customs Facility Building. At the request of SLCIA, The LPA Group Incorporated/Michael Baker Corporation (LPA/Baker) has prepared a Scope of Work and fee proposal which corresponds with the proposed improvements of approximately 10,525 s.f. of interior renovation and building addition connecting the Customs Building to the existing Main Terminal Building. The proposed renovation work will meet the requirements for a General Aviation Facility (GAF). This scope of work is representative of additional services to the existing contract as a result of program and design changes made by US Customs & Border Protection (CBP). These changes are enumerated below. BACKGROUND LPA/Baker had been working on preparing the 60% Design Development Submittal, through June of 2012, when CBP made significant revisions to their Programming Requirements. The programming changes were sent to LPA/Baker on June 25, 2012. The floor plan design was subsequently revised by CBP at meeting held on July 30, 2012. This meeting was attended by CBP, SLCIA and LPA/Baker. Due to these changes, LPA/Baker submitted and received approval of an Amendment to the Contract on September 13, 2012, to address the extra Design Work. This said first amendment is scheduled to expire on February 26, 2013. In order not to lose momentum and as directed by SLCIA, LPA/Baker commenced work on the revisions to the original design plan. The new design was submitted to SLCIA & CBP for review on August 13, 2012. LPA/Baker was prepared to continue working on the 60% Design Documents submittal and inquired about the status of the project on September 28, 2012. LPA/Baker received additional changes from CBP to the floor plan design on October 12, 2012. SLCIA directed LPA/Baker to revise the floor plan design. Thereafter, LPA/Baker met with SLCIA on October 28, 2012 to review these latest revisions. Following this meeting, on November 16, 2012, CBP again issued changes to the floor plan design, with additional and final follow up changes on November 28, 2012. LPA/Baker prepared a revised project schedule & revised design floor plan. The revised schedule and floor plan were submitted to CBP on December 18, 2012. This last submittal was accepted by the CBP Project Manager on December 19, 2012, however these changes were then "routed for approval". Formal approval of the floor plan design was confirmed by CBP on February 1, 2013. Refer to Exhibit C "PAYMENT TERMS" for professional design fees and Exhibit D `BREAKDOWN OF HOURS EXPENDED SINCE 9/3/12" for the changes described above. c� U- a m c� ti M 3 L .° c as E c as E a c N LO to Page 1 of 4 Packet Pg. 203 6.K.7.b As part of this CBP approval of the latest Revised Design, LPABAKERBaker is required to revise the drawings from 30% Preliminary Design through 60% Design Development and finalize 100% Construction Documents. THE LPA GROUP/BAKER (LPA/Baker) will perform the following Basic Services for this project. Phase 1 Inventory and Evaluations — No Change to the Current Contract Phase 2 — Revised Preliminary Design (30% Submittal) Summary of Services: The following services will be performed in Phase 2: 1) LPA/Baker shall review with SLCIA and CBP preliminary concepts to the design and construction of the Project. 2) LPA/Baker shall prepare Preliminary Passenger Flow Diagrams for review with SLCIA and CBP, connecting the Customs Building to the Main Terminal. 3) LPA/Baker shall coordinate with CBP and SLCIA in the preparation of an "Equipment List" designating what equipment is to be provided/installed by CBP, to be provided by CBP/installed by SLCIA's General Contractor and provided/installed by SLCIA's General Contractor through the Construction Contract. 4) Based on the mutually agreed upon program, schedule and construction budget requirements, LPA/Baker shall prepare, for approval by the SLCIA and CBP, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 5) LPA/Baker shall submit to the SLCIA and CBP a preliminary estimate of probable Construction Cost based on defined areas of work. Deliverables: Three (3) copies of the Preliminary Design Drawings (30% Submittal) will be submitted to the SLCIA and CBP for review and approval. Phase 3 —Revised Design Development (60% Submittal) Summary of Services: The following services will be performed in Phase 3: 1) Based on the approved Preliminary Design Document and Preliminary Passenger Flow Diagrams, and any adjustments by SLCIA on the program, schedule or construction budget, LPA/Baker shall prepare for approval by the SLCIA and CBP, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, mechanical, plumbing, electrical systems and security systems, materials and such other elements as may be appropriate. Page 2 of 4 Packet Pg. 204 6.K.7.b 2) LPABaker shall finalize Passenger Flow Diagrams for review with SLCIA and CBP during this phase. 3) LPABaker shall further coordinate with CBP and SLCIA in the preparation of an "Equipment List" designating what equipment is to be provided/installed by CBP, to be provided by CBP/installed by SLCIA's General Contractor and provided/installed by SLCIA's General Contractor through the Construction Contract. 4) Preliminary Construction Phasing / Safety / and Staging Plan and Construction Schedule. 5) LPABaker shall advise the SLCIA and CBP of any adjustments to the preliminary estimate of Construction Cost or of the Project Schedule. Deliverables (Phase 3): Three (3) Copies of the Design Development Drawings (60% Submittal) and Estimates will be submitted to the SLCIA and CBP for review and approval. Phase 4 — Finalize Construction Documents (90% and 100% Submittals) Summaty of Services: The following services will be performed in Phase 4: 1) LPABaker shall revise the Construction Documents to address the CBP Transition from the Terminal Building to the Customs Building, and the associated Site Work. Deliverables (Phase 4A): Three (3) copies of the 90% Plans and Specifications will be submitted to the SLCIA and CBP for review and approval. One (1) set of 100% Documents will be submitted to SLCIA for final review and approval. Upon receiving the 90% comments, LPABaker will proceed with the development of 100% Documents. One set of 100% Documents shall be provided to SLCIA for final review and approval prior to production of the Final Documents. Final Signed and Sealed Contract Documents will be delivered to the SLCIA and CBP for Bidding. Permit Applications and documents will be submitted for approval. Deliverables (Phase 4B� Final Contract Documents (signed and sealed) will be prepared, three (3) sets of Plans and Specifications. Final Construction Plans and Specifications in reproducible format will also be submitted to the SLCIA and CBP. Phase 5— Bidding and Award of Contract — No Change to the Current Contract Phase 6 — Construction Administration Service — LPABaker will provide an expanded scope of work for Phase 6 - Construction Administration Service in accordance with the General Scope of Services to the Contract for Consulting/Professional Services dated April 3, 2007 for this project. This expanded scope of work shall include an additional site visit and associated travel expense per month for the duration of the Construction Administration Service phase of the project. Therefore making the expanded scope of Page 3 of 4 Packet Pg. 205 6.K.7.b work to a total of (2) site visits per month. Reference Exhibit C — PAYMENT TERMS attached hereto. Other Provisions a) The SLCIA and CBP will provide the LPA/Baker and their SUBCONSULTANTS access to the site and all available information pertinent to this project b) The SLCIA will provide access to pertinent information regarding airport property, boundary, easement, right-of-way and other information necessary for the design and permitting of the project. Page 4 of 4 Packet Pg. 206 6. K.7. b um GRCIRW TH'LIPA IRAPUPOWAWCMlrSL1LTVsMfk .4k-ffWWWeWRCps"N"M EXHIBIT B SERVICES SCHEDULE ST. LUCIE INTERNATIONAL AIRPORT CUSTOMS BUILDING RENOVATION AND OPTIONAL ADDITION PROJECT PROPOSED PHASE DURATIONS & DATES St. Lucie County International Airport Fort Pierce, Florida Schedule to be completed as follows: Estimated Design Time - Phase 1 Inventory and Evaluations Phase 2 Revised Preliminary Design (30% Submittal) SLCIA & USDHS CBP Review Phase 3 Revised Design Development (60% Submittal) SLCIA & USDHS CBP Review Phase 4a Construction Documents (90% Submittal) SLCIA & USDHS CBP Review Phase 4b Construction Documents (100% Submittal) SLCIA & USDHS CBP Review Estimated Design Time Sub -total Task Completed Thirty (30) days Fifteen (15) Days March 3, 2013 March 18, 2013 Thirty (30) Days April 17, 2013 Fifteen (15) Days May 2, 2013 Forty Five (45) days June 16, 2013 Fifteen (15) Days July 1, 2013 Fifteen (15) days July 16, 2013 Fifteen (15) Days July 31, 2013 One Hundred eighty (180) Days r.+ .0 U_ a- m U r; M 0 r c E c a� E Q c N LO W Customs Building Renovation & Optional Addition, St. Lucie County International Airport 02/06/ Packet Pg. 207 6. K.7. b SERVICES SCHEDULE (CONT'D) ST. LUCIE INTERNATIONAL AIRPORT CUSTOMS BUILDING RENOVATION AND OPTIONAL ADDITION PROJECT Estimated Phase 5 Bidding & Negotiations thru Phase 6 Construction Administration - Phase 5 Bidding & Negotiations (Permitting to be concurrent with Phase 5 Bidding & Negotiations) SLCIA & USDHS CBP Review SLC Board of County Commissioner Approval Phase 6 Construction Administration Thru Substantial Completion Thru Final Completion Estimated Phase 5 thru Phase 6 Time Sub -total Estimated Total Project Scheduled Time Forty Five (45) Days September 14, 2013 Fifteen (15) Days Thirty (30) Days One Hundred Eighty (180) Days Sixty Five (65) Days September 29, 2013 October 29, 2013 April 27, 2014 July 1, 2014 Three Hundred Thirty Five (335) Days Five Hundred Fifteen (515) Days Customs Building Renovation & Optional Addition, St. Lucie County International Airport Packet Pg. 208 6.K.7.b Exhibit C 25-Feb-13 PAYMENT TERMS CUSTOMS BUILDING RENOVATION & ADDITION PROJECT Second Additional Services for Revisions to Preliminary Design, Development of Design & Finalize Construction Documents, Per CBP Program Revisions & Additional Project Coordination & Construction Work (Retrofit the Terminal TSA Area) SAINT LUCIE INTERNATIONAL AIRPORT FORT PIERCE, FLORIDA 10,525 S.F. RENOVATION + ADDITION Each phase will be invoiced as a Deliverable for Work completed PHASE 1 PHASE 2 PHASE 3 PHASE 4 PHASE 5 PHASE 6 Construction Preliminary Design Design Development Documents (90 % and Construction Inventory and (30 % Submittal) - (60 % Submittal) - 100 % Submittals) - Bidding and Administration - Evaluations - No Arch./MPE/Struct. Arch./MPE/Struct.ICi Architectural/Civil Negotiations -No Architectural/Civil- Change to the Current Fees Change to vil Fees Change to Fees Change to the Change to the Change to the Contract Current Contract Current Contract Current Contract Current Contract Current Contract PHASE 1 PHASE 2 PHASE 3 PHASE 4 PHASE 5 PHASE 6 Inventory and Evaluations Preliminary Design Design Development Construction Documents Bidding and Negotiations Construction Administration Fees for three Preliminary Re -Designs submitted to CBP from 09.03.12 thru 12.17.12 (Refer to Exhibit D -"BREAKDOWN OF HOURS EXPENDED SINCE 9/3112") $ 15,568 Total Professional Fees & Direct Costs : $ 58,965 Page 1 of 1 2/25/2013 Packet Pg. 209 WEEK OF EXHIBIT D ST LUCIE CUSTOMS BREAKDOWN OF HOURS EXTENDED SINCE 9/3/12 RAF FP KB JAM AC EG SG TOTAL 3-Sep 10-Sep 17-Sep 24-5 e p 1-Oct 8-Oct 15-Oct 22-Oct 29-Oct 5-Nov 12-Nov 19-Nov 26-Nov 3-Dec 10-Dec 17-Dec 3 3 1 2 4 7 6 1 2 9 8 5 13 4 5 9 1 7 1 2 6 17 5 7 3 15 1 18 19 0 2.5 2.5 1 6 2 9 3 1.5 4.5 0 2 2 0 4.75 4.75 0 3 1 4 3 1 4 6 6 18 15 64.75 9 4 5 13 $ 171.00 $ 171.00 $ 108.00 $ 108.00 $ 108.00 $ 108.00 $ 76.00 $ 3,078.00 $ 2,565.00 $ 6,993.00 $ 972.00 $ 432.00 $ 540.00 $ 988.00 $ 15,568.00 r �a u- a- m U ti M Q L �° r c a� E c a� E Q c N Lo w r Packet Pg. 210 6.M.1 ITEM NO. (ID # 1140) DATE: 04/02/2013 COUNTY ` I ' A M AGENDA REQUEST *CONSENT AGENDA\PUBLIC WORKS TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, County Engineer SUBMITTED BY: Engineering SUBJECT: Oleander Avenue Business Park Culvert Replacement / Oleander Avenue Pipe Replacement Project BACKGROUND: The Oleander Avenue Business Park Culvert Replacement is essentially a small portion of the larger Oleander Avenue Pipe Replacement Project to rehabilitate the aging infrastructure and to alleviate the associated drainage issues on Oleander Avenue between Edwards Road and Bell Avenue. The objective is to repair collapsed piping which has resulted in surface depressions, potholes within the right-of-way as well as roadway, and impeded drainage. This project generally involves the following: Replacement of existing corrugated metal pipe culverts, Removal of existing catch basins and construction of ditch bottom inlets, Restoration of concrete curbing, Roadway pavement restoration. It is required that the construction be substantially completed within 30 calendar days from the notice to proceed date. On March 20, 2013, submittals to Bid No. 13-031, Oleander Avenue Business Park Culvert Replacement, were opened. Eight bids were received. The lowest responsive and responsible bidder was Ag-Scape Services Inc. Of Vero Beach in the amount of $64,516 (Attachment A). This project was bid in accordance with Local Preference Ordinance No. 09-005. Under the ordinance, bids are awarded to the lowest responsive bidder. PREVIOUS ACTION: N/A FINANCIAL IMPACT: 102001-3725-563000-133602 MSTU Stormwater RECOMMENDATION: Board approval to award Bid No. 13-031 to the lowest responsive and responsible bidder, Ag-Scape Services Inc. In the amount of $64,516, for the Oleander Avenue Business Park Packet Pg. 211 6.M.1 Culvert Replacement and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coordination/Signatures NT,r\aLj. �ALJ ['on West, Public Works Dire :tor 22// 013 R�anieli S. McIntyre, ou ty Attorney 3/21/2013 Updated: 3/26/2013 11:23 AM by Shane A. De Witt F Page 2 Packet Pg. 212 St Lucie County BOCC - Engineering Division Tabulation Sheet Project Number 12-28 Bid Number 13-031 Project Name: OLEANDER BUSINESS PARK EMERGENCY CULVERT REPLACEMENT Bid Date: 3/20/13 Contract Timej 60 DAYS *INDICATES MATHEMATICAL ERROR BY CONTRACTOR ON BID FORM SECTION 300. CORRECTED AMOUNT SHOWN HERE. Bidder Name: Ag - Scope Services INC. Lynch Paving & Construction Co., Inc. Johnson -Davis, Inc. Melvin Bush Construction, Inc. Mancil's Tractor Service, INC. Environmental Land Development INC. Ranger Construction Industries Sunshine Land Design, INC. Bid Item No. Description Unit Measure Est. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 101-lA MOBILIZATION/DEMOBILIZATION LS 1 $ 3,400.00 $ 3,400.00 $ 11,100.00 $ 11,100.00 $ 6,500.00 $ 6,500.00 $ 8,450.00 $ 8,450.00 $ 8,750.00 $ 8,750.00 $ 9,367.41 $ 9,367.41 $ 10,920.00 $ 10,920.00 $ 7,284.00 $ 7,284.00 102-1A MAINTENANCE OF TRAFFIC LS 1 $ 1,000.00 $ 1,000.00 $ 2,860.00 $ 2,860.00 $ 2,000.00 $ 2,000.00 $ 3,000.00 $ 3,000.00 $ 2,500.00 $ 2,500.00 $ 2,400.00 $ 2,400.00 $ 5,920.00 $ 5,920.00 $ 7,200.00 $ 7,200.00 102-2A CONSTRUCTION SURVEYING / RECORD DRAWINGS LS 1 $ 2,500.00 $ 2,500.00 $ 1,650.00 $ 1,650.00 $ 2,640.00 $ 2,640.00 $ 2,041.00 $ 2,041.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,090.00 $ 2,090.00 $ 2,220.00 $ 2,220.00 104-1A PREVENTION, CONTROL & ABATEMENT OF EROSION AND WATER POLLUTION LS 1 $ 1,000.00 $ 1,000.00 $ 750.00 $ 750.00 $ 800.00 $ 800.00 $ 500.00 $ 500.00 $ 1,500.00 $ 1,500.00 $ 950.00 $ 950.00 $ 817.00 $ 817.00 $ 2,096.00 $ 2,096.00 I10-1-IA SELECT CLEARING AND GRUBBING LS 1 $ 3,500.00 $ 3,500.00 $ 2,845.00 $ 2,845.00 $ 1,200.00 $ 1,200.00 $ 9,250.00 $ 9,250.00 $ 7,500.00 $ 7,500.00 $ 6,074.00 $ 6,074.00 $ 3,290.00 $ 3,290.00 $ 11,215.20 $ 11,215.20 120-1A REGULAR EXCAVATION/EMBANKMENT LS 1 $ 2,350.00 $ 2,350.00 $ 1,500.00 $ 1,500.00 $ 1,000.00 $ 1,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 8,800.00 $ 8,800.00 $ 3,560.00 $ 3,560.00 $ 3,320.00 $ 3,320.00 285-715A CEMENTED COQUINA (LBR-100) (18") SY 80 $ 15.00 $ 1,200.00 $ 34.00 $ 2,720.00 $ 30.00 $ 2,400.00 $ 36.40 $ 2,912.00 $ 28.50 $ 2,280.00 $ 15.00 $ 1,200.00 $ 68.45 $ 5,476.00 $ 24.65 $ 1,972.00 334-1-13A SUPERPAVE ASPHALTIC CONCRETE (2.5") (TRAFFIC C, SP-12.5) SY 125 $ 32.80 $ 4,100.00 $ 17.75 $ 2,218.75 $ 50.00 $ 6,250.00 $ 31.05 $ 3,881.25 $ 26.50 $ 3,312.50 $ 19.25 $ 2,406.25 $ 27.65 $ 3,456.25 $ 16.64 $ 2,080.00 334-1-13B SUPERPAVE ASPHALTIC CONCRETE (1") (TRAFFIC C, SP-9.5) SY 450 $ 27.90 $ 12,555.00 $ 4.50 $ 2,025.00 $ 20.00 $ 9,000.00 $ 13.80 $ 6,210.00 $ 14.00 $ 6,300.00 $ 6.21 $ 2,794.50 $ 15.00 $ 6,750.00 $ 9.33 $ 4,198.50 425-1-521A INLETS, DITCH BOTTOM, TYPE C<10' EA 7 $ 1,100.00 $ 7,700.00 $ 1,990.00 $ 13,930.00 $ 2,500.00 $ 17,500.00 $ 1,575.50 $ 11,028.50 $ 1,875.00 $ 13,125.00 $ 1,675.00 $ 11,725.00 $ 3,220.00 $ 22,540.00 $ 2,152.06 $ 15,064.42 430-174-115A PIPE CULVERT, REINFORCED CONCRETE, ROUND, 15"S/CD LF 40 $ 37.50 $ 1,500.00 $ 43.50 $ 1,740.00 $ 50.00 $ 2,000.00 $ 27.10 $ 1,084.00 $ 40.00 $ 1,600.00 $ 52.34 $ 2093.60* $ 89.05 $ 3,562.00 $ 44.83 $ 1,793.20 430-174-124A PIPE CULVERT, REINFORCED CONCRETE, ROUND, 24"S/CD LF 312 $ 31.50 $ 9,828.00 $ 40.00 $ 12,480.00 $ 60.00 $ 18,720.00 $ 44.00 $ 13,728.00 $ 40.00 $ 12,480.00 $ 79.80 $ 24,897.60 $ 54.70 $ 17,066.40 $ 44.18 $ 13,784.16 455-IA DEWATERING FOR CONSTRUCTION LS 1 $ 1,490.00 $ 1,490.00 $ 1.00 $ 1.00 $ 500.00 $ 500.00 $ 3,500.00 $ 3,500.00 $ 10,000.00 $ 10,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 16,800.00 $ 16,800.00 520-1-8 CONCRETE CURB AND GUTTER, SPECIAL LS 1 $ 998.00 $ 998.00 $ 2,000.00 $ 2,000.00 $ 1,000.00 $ 1,000.00 $ 800.00 $ 800.00 $ 2,400.00 $ 2,400.00 $ 900.00 $ 900.00 $ 1,800.00 $ 1,800.00 $ 1,268.00 $ 1,268.00 575-IA SODDING (PERFORMANCE TURF) LS 1 $ 1,400.00 $ 1,400.00 $ 2,800.00 $ 2,800.00 $ 3,000.00 $ 3,000.00 $ 5,000.00 $ 5,000.00 $ 2,500.00 $ 2,500.00 $ 3,500.00 $ 3,500.00 $ 2,260.00 $ 2,260.00 $ 7,800.00 $ 7,800.00 700-20-11 SINGLE POST SIGN, (F&I), LESS THAN 12SF EA 1 $ 400.00 $ 400.00 $ 300.00 $ 300.00 $ 250.00 $ 250.00 $ 345.00 $ 345.00 $ 247.50 $ 247.50 $ 500.00 $ 500.00 $ 267.00 $ 267.00 $ 396.00 $ 396.00 706-3 RETRO-REFLECTIVE PAVEMENT MARKER EA 4 $ 20.00 $ 80.00 $ 4.75 $ 19.00 $ 10.00 $ 40.00 $ 5.50 $ 22.00 $ 4.50 $ 18.00 $ 100.00 $ 400.00* $ 6.35 $ 25.40 $ 6.28 $ 25.12 711-11-125A ITHERMOPLASTIC STRIPE, 24" SOLID WHITE LF 40 $ 6.25 $ 250.00 $ 17.00 $ 680.00 $ 20.00 $ 800.00 $ 19.55 $ 782.00 $ 20.75 $ 830.00 $ 19.25 $ 770.00 $ 22.65 $ 906.00 $ 22.44 $ 897.60 999-1 UTILITY COORDINATION LS 1 $ 200.00 $ 200.00 $ 150.00 $ 150.00 $ 500.00 $ 500.00 $ 1,500.00 $ 1,500.00 $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1'500.00 $ 25.00 $ 25.00 $ 900.00 $ 900.00 SUBTOTAL OF BID $ 55,451.00 $ 61,768.75 $ 76,100.00 $ 79,033.75 $ 83,843.00 $ 83,778.16 $ 91,731.05 $ 100,314.20 ALTERNATE BID ITEMS Bid Item No. Description Unit Measure Est. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 425-1-521A JINLETS, DITCH BOTTOM, TYPE C<10' EA 1 $1,100.00 $1,100.00 $ 2,200.00 $ 2,200.00 $2,000.00 2000 $1,575.50 $1,575.50 $1,875.00 $1,875.00 $1,250.00 $1,250.00 $ 3,220.00 $ 3,220.00 $5,582.94 $5,582.94 430-174-124A IPIPE CULVERT, REINFORCED CONCRETE, ROUND, 24"S/CD LF 56 $37.50 $2,100.00 $ 40.00 $ 2,240.00 $50m 2800 $44.00 $2,464.00 $60.00 $3,360.00 $125.00 $7,000.00 $ 54.70 $ 3,063.20 $44.18 $2,474.08 SUBTOTAL OF ALTERNATE BID ITEMS $3,200.00 $ 4,440.00 $ 4,800.00 $4,039.50 $5,235.00 $8,250.00 $ 6,283.20 $8,057.02 $ 66208.75* $ 80,900.00 $83,073.25 $89,078.00 $92,028.36 $ 98,014.25 $108,37122 ESTIMATED BASE BID AMOUNT $58,651.00 999-99 Construction Contingency Allowance 10%ofbasebid) $ 5,865.10 $ 6,620.89 $ 8,090m $ 8,307.33 7.80 $ 9,202.84 $ 9,801A3 $ 10,837.12 TOTAL ESTIMATED AMOUNT (Based on Bid Unit Prices, Estimated Quantities and 10% Contingency) $ 64,516.10 $ 72,829.63 $ 88,990.00 $ 91,380.58 =97,985 80 $ 101,231.20 $ 107,815.68 $ 119,208.34 % Difference of Low Bid 0.00% 12.89% 37.93% 4L64% .88% 56.91%1 67,11 % 84.77% Attachment: Oleander Business Park Emergency Culvert Replacement Bid Results (1140 :Oleander Avenue Business Park Culvert Replacement) ITEM NO. (ID # 1174) J COUNTY ` R I ID A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Laurie Waldie, Utility District Director SUBMITTED BY: Utilities Division DATE: 04/02/2013 *CONSENT AGENDA\PUBLIC WORKS SUBJECT: St. Lucie County / FPUA Bulk Services Agreement BACKGROUND: St. Lucie County Water and Sewer District (District) currently purchases bulk water and wastewater from Ft. Pierce Utilities Authority (FPUA) to serve a portion of the District's customers pursuant to the Bulk Services Agreement executed February 10, 2004. In 2005, the District exercised its five year option to stop using any additional bulk services from FPUA and to construct its own facilities on a going forward basis. The District has reviewed its future utility service planning and has determined that it would be beneficial if the District were to provide the fifteen year notice to terminate the Bulk Services Agreement. As the Board is aware, there have been challenges for both FPUA and the District with the terms of the Bulk Service Agreement. From the District's perspective, these include; no control over or input into the rates charged to the District for bulk service from FPUA, and the inability to utilize another provider at a potentially lower cost for bulk service. By St. Lucie County eventually being able to provide the water supply and wastewater treatment for all their customers or to acquire lower cost bulk service from other providers, there is control over the cost of those services and the customers have representation regarding oversight of the rate setting, which is lacking under the current bulk arrangement. As growth occurs and capacity is built, SLCU District will be able to provide for those customers currently being served through the bulk agreement. Staff feels it is in the best interest of the District customers to provide this fifteen year notice of termination to FPUA. The fifteen year notice period also allows FPUA reasonable time to plan for the future loss of the small percentage of FPUA's overall water and wastewater flows attributed to the District. PREVIOUS ACTION: February 10, 2004 - Agreement between Ft. Pierce Utilities Authority and St. Lucie County, Florida, for provision of bulk water, wastewater and reclaimed water service was made (Bulk Services Agreement). March 20, 2005 - Board approved the March 11, 2005 letter of St. Lucie County providing the Ft. Pierce Utilities Authority with five years prior notice of the County's election to construct water, wastewater and reclaimed water treatment capacity for new development not already serviced under the Bulk Services Agreement. FINANCIAL IMPACT: N/A RECOMMENDATION: Packet Pg. 214 6.M.2 Board approval for St. Lucie County to provide the Ft. Pierce Utilities Authority with fifteen years prior notice of the County's election to terminate the Bulk Services Agreement and for the County Administrator to send the attached letter. COMMISSION ACTION: RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Frannie Hutchinson, District No. 4, Vice -Chair Paula A. Lewis, District No. 3 Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: County Administrator, ICMA-CM Coord i nation / Sig natures --AN Cv\ -�A - 11 aU � L n oW st, Public Works Dire :tor 013 5—anigi S. McIntyre, �ty Attorney 3/25/2013 Updated: 3/25/2013 1:44 PM by Missy Stiadle Page 2 Packet Pg. 215 6.M.2.a April 2, 2013 William G. Thiess, P.E. Director of Utilities Fort Pierce Utilities Authority 206 South 6th Street Fort Pierce, FL 34950 Re: Agreement Between Ft. Pierce Utilities Authority and St. Lucie County, Florida, for Provision of Bulk Water, Wastewater and Reclaimed Water Service Dear Mr. Thiess: Please note that pursuant to Paragraph 9 of the Agreement for Bulk Water, Wastewater and Reclaimed Water Service, St. Lucie County is providing the Fort Pierce Utilities Authority with fifteen (15) years prior notice of the County's election to terminate this agreement. The approval to provide this 15 year notice was given by the Board of County Commissioners on April 2, 2013. The County is still open to discuss forming a regional utility utilizing a new joint authority. The possibility of renegotiating a bulk agreement is also an option. Respectfully, Faye W. Outlaw, MPA County Administrator, ICMA-CM cc: Board of County Commissioners Robert Bentkofsky, Assistant County Administrator Dan McIntyre, County Attorney Laurie Waldie, Utility District Director Rupert N. Koblegard III, FPUA Attorney Robert V. Schwerer, Ft. Pierce City Attorney Robert J. Bradshaw, Ft. Pierce City Manager Packet Pg. 216 6.0.1 ITEM NO. RES-2013-57 DATE: 04/02/2013 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Gertrude Walker, Supervisor of Elections SUBMITTED BY: Supervisor of Elections SUBJECT: Budget Amendment to Include Federal Funds BACKGROUND: *CONSENT AGENDA\SUPERVISOR OF ELECTIONS St. Lucie County Supervisor of Elections received a warrant in the amount of $44,859.15 from the Florida Department of State to assist in expenses of federal elections. I am asking the Board of County Commissioners to approve amending the Supervisor of Elections 2012-2013 budget in order to cover expenditures made from The Federal Election Activities monies. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Available: 001-8191-599080-800 SLC Supervisor of Elections RECOMMENDATION: Board approval of a Resolution in the amount of $44,859.15 To amend the budget for the Federal Election Activity Agreement for FY 2012-2013. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES- Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Packet Pg. 217 6.0.1 Fa —ye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coordination/Signatures ianiVS. McIntyre, ou ty Attorney 3/19/2013 Updated: 3/18/2013 3:15 PM by Sherry Eichin Page 2 Packet Pg. 218 6.0.1.a RESOLUTION WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Department of State Division of Elections in the amount of $44,860. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 2nd day of April, 2013, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2012-2013, and the County's budget is hereby c �i amended as follows: a� m U_ REVENUE 001-8191-335190-800 Department of State Shared -Elections $44,860 ti M APPROPRIATIONSLU 0 N N 001-8191-599080-800 Supervisor of Elections $44,860 W After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Frannie Hutchinson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS 2ND DAY OF APRIL 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 219 6.P.1 ITEM NO. (ID # 1170) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Peter Buchwald, Executive Director Transportation Planning Organization DATE: 04/02/2013 *CONSENT AGENDA\T RA N S PO RTATI O N PLANNING ORGANIZATION Approval of the Federal Metropolitan Planning Grant Third Authorization for St. Lucie TPO The St. Lucie Transportation Planning Organization (TPO) has been granted a third authorization of planning funds in the amount of $436,718. These funds were budgeted in the Unified Planning Work Program (UPWP) of the TPO. PREVIOUS ACTION: August 7, 2012 - BOCC approval of the first authorization of PL planning funds in the amount of $125,519 October 16, 2012 - BOCC approval of the second authorization of PL funds in the amount of $173,113 FINANCIAL IMPACT: 001547-1540-331130-100 Federal Highway Administration RECOMMENDATION: Board approval of Federal Metropolitan Planning Grant third authorization for $436,718 on behalf of the St. Lucie TPO. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Packet Pg. 220 6.P.1 Fa —ye W. Outlaw, MPA �- 4/8/2013 County Administrator, ICMA-CM Coord i nation / Sig natures Marie do1v tDU 3/22/2013 AA 9 -W� I Heather Young, Asst. County Attorney /26/2013 Updated: 3/26/2013 8:04 AM by Brian Hurwitz Page 2 Packet Pg. 221 ............. 6.P.1.a .l DEC 102012 kSc fROPOLIThN PIANHiNO OkCAN17h110N Florida Department o, f Transportation RICK SCOTT 3400 West Commercial Boulevard ANANTH PRASAD, P.E. GOVERNOR Fort Lauderdale, FL 33309 SECRETARY December 6, 2012 The Honorable Kathryn Hensley, Chairperson St. Lucie Transportation Planning Organization 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Ms. Hensley: SUBJECT: St. Lucie Transportation Planning Organization (TPO) FY 2012/2013 Unified Planning Work Program (UPWP) FM No. 423604-1-14-01; Contract No. A5115; F.A. Program No. PL-0311(49) The St. Lucie TPO is authorized to expend up to an additional $436,718 of Federal Metropolitan Planning (PL) Funds for the UPWP covering the time period from July 1, 2012 through June 30, 2013. This is the third authorization of PL funds budgeted for the FY 12/13-13114 UPWP. ■ Provision of the required matching amounts by the TPO and the State ■ Compliance with any conditions placed on individual UPWP tasks Provision of all required documentation with requisitions. Please contact Arlene Tanis at 954-777-4651 if you have questions or need additional information. Sincerely, D Gerry Q'Re lly, P.E. Director of Transportation Development District Four GO: art cc: Peter Buchwald, TPO (via email) LeeAnn Jacobs, FHWA (via email) Yvonne Arens, FDOT (via email) Lee Calhoun, FDOT (via email) Nancy Ziegler, FDOT District Four (via email) Jeff Weidner, FDOT District Four (via email) Antonette Adams, FDOT District Four (via email) Nikye Joseph, FDOT District Four (via email) Arlene Tanis, FDOT District Four (via email) www. dot. state. fl. as Packet Pg. 222 6.P.2 ITEM NO. RES-2013-62 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Peter Buchwald, Executive Director Transportation Planning Organization DATE: 04/02/2013 *CONSENT AGENDA\T RA N S PO RTATI O N PLANNING ORGANIZATION Resolution - Approval of Federal Transit Administration Grant The St. Lucie Transportation Planning Organization (TPO) has received notification of funding for the 5-year Federal Transit Administration (FTA) Section 5303 Metropolitan Planning Grant. The amount of Federal funds for the third year to be received by TPO is $81,635, with a State match of $10,204 and a local match of $10,204. Because the St. Lucie TPO account is within the Budgetary system of the County, the County is required by Florida Statute Section 129.06(d) to amend the County budget by resolution for the receipt of the grant funds on behalf of the St. Lucie TPO. PREVIOUS ACTION: February 1, 2011 - BOCC approval of the first year allocation of FTA planning funds in the amount of $90,099. February 7, 2012 - BOCC approval of the second year allocation of FTA planning funds in the amount of $91,191. FINANCIAL IMPACT: 001534-1540-331421-100 Federal Transit Administration (pending BOCC approval) RECOMMENDATION: Board approval of Budget Resoulution in the amount of $91,839 to amend the County budget for receipt of FTA funds on behalf of the St. Lucie TPO. COMMISSION ACTION: Packet Pg. 223 6.P.2 RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, MPAA 4/8/2013 County Administrator, ICMA-CM Coord i nation / Sig natures Marie do D 3/22/2013 Heather Young, Asst. County Attorney /26/2013 Updated: 3/26/2013 8:03 AM by Brian Hurwitz Page 2 Packet Pg. 224 RESOLUTION 6.P.2.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation in the amount of $91,839. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 2nd day of April, 2013, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2012-2013, and the County's budget is hereby amended as follows: REVENUE 001534-1540-331421-100 Florida Transit Administration $91,839 APPROPRIATIONS 001534-1540-599300-100 Reserves $91,839 After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Frannie Hutchinson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS 2ND DAY OF APRIL 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 225 6.P.2.b MULTI -YEAR SOINT PARTICIPATION AGREEMENT NOTIFICATION OF AMENDED FUNDING . In accordance with the terms of the Joint Participation Agreement between St. Lucie Tr ortation Plamung Orgymzation (Agency) at 2300 Vir . 'a Ave Fort Pierce FL 34982 and the Florida Department of Transportation, (Address) FY 12/13 Section 5303 Fundin , identified by Contract # A 267 and FM# 41373711401 (Fiscal Year) (Project Type) (Contract No./Financial Management No.) The Department has encumbered a total of 91,83_9.00 in State funds. ($ amount) This encumbrance includes and 80% Federal allocation in the amount of $81,635.00 ($ Federal) and.10% State allocation in the amount of U1204.00 ($ State) The County is expected to contribute a 10% Local Match allocation in the amount of $10.204.00 ($ local) Upon signature by your agency and receipt of this form by the Department, eligible project costs may be incurred, beginning on the first day of your fiscal year noted above. The total amount funded to date is: $275__,266.00. DEPARTMENT REPRESENTATIVE Arlene Tanis Name yped or ;primed Sigiaat�ue Date AGENCY REPRESENTATIVE Peter Buchwald Name Typed or Printed fw A"f signatwe 10/4/12 Date Packet Pg. 226 7.A.1 ITEM NO. ORD-2013-15 COUNTYDATE: 04/02/2013 ` R 1 ` A AGENDA REQUEST *PUBLIC HEARINGS TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: An Ordinance amending sections 1-14.5-21 "adoption" to provide for the adoption of a deferred compensation program; amending section 1-14.5-22 "administration" to change administrator from the national association of counties (NACO) and the public employees benefit services corporation (PEBSCO) to TIAA CREF and to provide for periodic review of the program by the deferred compensation committee and to further provide that the board of county commissioners may change the administrator by resolution BACKGROUND: Section 112.215, Florida Statutes, authorizes counties to enter into deferred compensation programs. On August 9, 1983, the Board adopted Ordinance No. 83-04 establishing a Deferred Compensation Plan to be made available to all eligible County employees, elected officials, and independent contractors pursuant to Section 457 of the Internal Revenue Code. Based on the recommendations of the County's Deferred Compensation Committee and the independent investment consultant, The Bogdahn Group, the Board has determined that it is in the best interest of the officers and employees of St. Lucie County to change the deferred compensation program and administrator from the National Association of Counties (NACo) and the Public Employees benefit Corporation (PEBSCO) to TIAA CREF. Attached is a copy of a draft ordinance which, if adopted, would implement the recommended changes. Permission to advertise was granted on March 5 and notice was published in the St. Lucie News Tribune on March 20, 2013. PREVIOUS ACTION: Ordinance No. 83-04 adopted on August 9, 1983 establishing a Deferred Compensation Plan FINANCIAL IMPACT: N/A RECOMMENDATION: Packet Pg. 227 7.A.1 Staff recommends that the Board adopt the Ordinance and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: - -�� _- aye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coordination/Signatures �a).�VA&q ni 5. McInt re ou YAttorneY 3 19 2013 Updated: 3/25/2013 9:05 AM by Missy Stiadle B Page 2 Packet Pg. 228 7.A.1.a ORDINANCE AN ORDINANCE AMENDING SECTIONS 1-14.5-21 "ADOPTION" TO PROVIDE FOR THE ADOPTION OF A DEFERRED COMPENSATION PROGRAM; AMENDING SECTION 1-14.5-22 "ADMINISTRATION" TO CHANGE ADMINISTRATOR FROM THE NATIONAL ASSOCIATION OF COUNTIES (NACO) AND THE PUBLIC EMPLOYEES BENEFIT SERVICES CORPORATION (PEBSCO) TO TIAA CREF AND TO PROVIDE FOR PERIODIC REVIEW OF THE PROGRAM BY THE DEFERRED COMPENSATION COMMITTEE AND TO FURTHER PROVIDE THAT THE BOARD OF COUNTY COMMISSIONERS MAY CHANGE THE ADMINISTRATOR BY RESOLUTION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 112.215, Florida Statutes, authorizes counties toe nterinto deferred compensation programs for their respective officials and employees. 2. This Board adopted Ordinance No. 83-04 establishing a Deferred Compensation Plan to be made available to all eligible County employees, elected officials, and independent contractors pursuant to Section 457 of the Internal Revenue Code. 3. Based on the recommendations of the County's Deferred Compensation Committee and the independent investment consultant, The Bogdahn Group, the Board has determined that it is in the best interest of the officers and employees of St. Lucie County to change the deferred compensation program and administrator from NACO and PEBSCO to TIAA CREF. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-14.5 (OFFICERS AND EMPLOYEES) The Code of Ordinances of St. Lucie County, Florida, is amended by amending Sections 1-14.5-21 and 1-14.5-22, to read as follows: Section 1-14.5-21. ADOPTION. Pursuant to Section 112.215, Florida Statutes, a the National Association Of Counties (N" Deferred Compensation Program is adopted and established as the St. Lucie County, Florida, Deferred Compensation Program for the voluntary participation of all eligible County officials and employees. The Program "Deferred Eonipensation Plan for Publie Employees" and "Administrative 5erviee Agreenient" documents cii e h ieu, pui cited Onto and made a part of this artiele bythis referenele-. A copy of those program documents will be made available for public inspection at the office of the clerk to the Board. Other than the incidental expenses of collecting and disbursing of the employees' deferrals and other minor administrative matters, the County shall incur no cost of and make no contribution to the Program. Underlined passages are added. -1- _ passages passages are added. Packet Pg. 229 7.A.1.a Section 1-14.5-22 ADMINISTRATION. The Public Employees Be,iefit5erviees E-rporatioii TIAA CREF shall administer the NA60 Deferred Compensation Program on behalf of St. Lucie County. The Deferred Compensation Committee shall review the Program periodically. Changes to the Program Administrator may be made by resolution of the Board of Countv Commissioners. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. Ifthis ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE. This Ordinance shall take effect on April 15, 2013. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Kim Johnson XXX PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, 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 F shall not be codified. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Underlined passages are added. -2- gh passages are added. Packet Pg. 230 7.A.1.a BY: Deputy Clerk Chairman Underlined passages are added. APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney —3— Sfreek�Mengh passages are added. Packet Pg. 231 7.A.2 ITEM NO. ORD-2013-16 COUNTY ` 1. ' A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney DATE: 04/02/2013 *PUBLIC HEARINGS SUBJECT: Ordinance f/k/a Ordinance No. 13-012 - Establishing procedures for processing requests for reasonable accommodation pursuant to Title II of the Americans with Disabilities Act and the Fair Housing Act from the County's unified Land Development Code. BACKGROUND: Attached is an Ordinance adopting Reasonable Accommodation procedures for St. Lucie County to consider requests for reasonable accommodations under Title II of the Americans with Disabilities Act and the Fair Housing Act. Federal law requires local governments to have a formal procedure in place for individuals with disabilities. This ordinance will ensure the County is compliant with Federal Law. PREVIOUS ACTION: Permission to advertise was granted by the Board of County Commissioners on February 5, 2013 for public hearings before the Planning and Zoning Board and the Board of County Commissioners. A public hearing was held before the Planning and Zoning Board on February 21, 2013 wherein a recommendation was made to forward the Ordinance f/k/a Ordinance No. 13-012 to the Board of County Commissioners with a recommendation for approval with one addition to paragraph 8. The Planning and Zoning Commission amended the Ordinance to clearly state if the applicant were to take any action while enforcement is in abeyance, it would be at the Applicant's risk. The first public hearing was held on March 19, 2013. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board adopt the Ordinance f/k/a Ordinance No. 13-012 and authorize the Chairman to sign the Ordinance as drafted by the County Attorney. COMMISSION ACTION: Packet Pg. 232 7.A.2 RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Fa -ye W. Outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coord i nation / Sig natures ianniqfS. McInty e,ft ou/rty Attorney 3/21/2013 Updated: 3/19/2013 4:06 PM by Carol Bishop Page 2 Packet Pg. 233 7.A.2.a ORDINANCE f/k/a Ordinance No. 13-012 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY CREATING SECTION 7.10.30 REASONABLE ACCOMMODATION PROCEDURES PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT AND THE FAIR HOUSING ACT; 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, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. On Thursday, February 21, 2013, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 3. On March 19, 2013, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on March 8, 2013. 4. On April 2, 2013, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on March 21, 2013. 5. "Reasonable Accommodation" is a statutorily established method by which an individual who is disabled and/or handicapped (as those terms are defined in Title N II of the Americans with Disabilities Act and/or the Fair Housing Amendments Act, hereafter "disabled"), or a provider of services to the disabled qualifying for reasonable o accommodations under the referred statutes, can request a modification or alteration N in the application of a specific Code provision, rule, policy, or practice, to them. o M r 6. The proposed accommodation sought by the disabled individual must be reasonable and necessary to afford such person an equal opportunity to use and enjoy E housing. r r Q 5tr ack thron& passages are deleted. -1- Underlined passages are added. Packet Pg. 234 7.A.2.a 7. The County does not have reasonable accommodation procedures which have been codified within the County's Land Development Code, but the County has received one request for a reasonable accommodation. 8. The County intends to consider the pending reasonable accommodation request under the guidelines contained herein and the adoption of this Ordinance shall apply retroactively to the pending request for a reasonable accommodation. 9. The County hereby desires to adopt within the County's Land Development Code, reasonable accommodation procedures that will permit disabled individuals (or qualifying entities) to request reasonable accommodations and, where appropriate, based on the facts and law, to receive reasonable accommodations. 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 TO READ AS FOLLOWS, INCLUDE: Section 7.10.30 REASONABLE ACCOMMODATION PROCEDURES 1. This section implements the policy of St. Lucie County for processing of requests for reasonable accommodation to its ordinances, rules, policies, and procedures for persons with disabilities as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601, et. Seq.) ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et. Seq.) ("ADA"). For purposes of this section, a "disabled" individual or person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the County's land use or zoning laws, rules, policies, practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section. 2. A request by an Applicant for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation request N form, which form is maintained by (and shall be submitted to) the Planning and Development Services (PD&S) Department. The reasonable accommodation request o form shall be substantially in the form set forth in Section 10 below. N r O 3. Should the information provided by the disabled individual to the Countv include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual, such individual may, E at the time of submitting such medical information, request that the County, to the U extent allowed by law, treat such medical information as confidential information of the a angh passages are deleted. -2- Underlined passages are added. Packet Pg. 235 7.A.2.a disabled individual. The County shall thereafter endeavor to provide written notice to the disabled individual, and/or their representative, of any request received by the County for disclosure of the medical information or documentation, which the disabled individual has previously requested be treated as confidential by the County. The County will cooperate with the disabled individual, to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the County shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith, and max comply with any judicial order without prior notice to the disabled individual. 4. The County Administrator, or his/her designee, shall have the authority to consider and act on requests for reasonable accommodation, after notice and a hearing to receive any additional information from the applicant. When a reasonable accommodation request form has been completed and submitted to the PD&S Director, it will be referred to the County Administrator, or designee, for review and consideration. The County Administrator, or designee, shall issue a written determination within forty-five (45) days of the date of receipt of a completed application and may, in accordance with federal law, (1) grant the accommodation request, (2) grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request, or (3) deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the requesting party (i.e., the disabled individual or his/her representative) by certified mail, return receipt requested. If reasonably necessary to reach a determination on the request for reasonable accommodation, the County Administrator, or designee, may, prior to the end of said forty-five (45) day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the forty-five (45) day period to issue a written determination shall no longer be applicable, and the County Administrator, or designee, shall issue a written determination with thirty (30) days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen (15) day period, the County Administrator, or designee, shall issue a written notice advising that the requesting party had failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the County with regard to said reasonable accommodation request shall be required. 5. In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish that they are protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and/or ADA. Although the definition of disability is amgh passages are deleted. —3— Underlined passages are added. �o , M O N 0 0 N r O M a� E u 0 a Packet Pg. 236 7.A.2.a subject to judicial interpretation, for purposes of this ordinance, the disabled individual must show: (i) a physical or mental impairment which substantially limits one or more major life activities; (ii) a record of having such impairment; or (iii) that they are regarded as having such impairment. Next, the requesting_ party will have to demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped/disabled persons equal opportunity to use and enjoy housing. The foregoing (as interpreted by the Courts) shall be the basis for a decision upon a reasonable accommodation request made by the County Administrator, or designee. or by the Board of Countv Commissioners in the event of an anneal. 6. Within thirty (30) days after the County Administrator's, or designee's, determination on a reasonable accommodation request is mailed to the requesting party, such applicant may appeal the decision. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the Board of County Commissioners who shall, after public notice and a public hearing, render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed. 7. There shall be no fee imposed by the Countv in connection with a reauest for reasonable accommodation under this section or an appeal of a determination on such request to the Board of County Commissioners, and the County shall have no obligation to pay a requestingparty's (oran appealingparty's, as applicable) attorneys' fees or costs in connection with the request, or an appeal. While an application for reasonable accommodation, or appeal of a determination of same, is pending before the County, the County will not enforce the subject zoning ordinance, rules, policies, and procedures against the Applicant. However, should the applicant proceed with any property purchase, building, construction, or other work associated with establishing a project or residence housing individuals covered by the Americans with Disabilities Act or the Fair Housing Act while an application or appeal for reasonable accommodation is pending, the Applicant understands that any of these actions are done at the Applicant's own risk because the application or appeal may be denied. 9. The following general provisions shall be applicable: (a) The County shall display a notice on the County's webpage (and shall maintain copies available for review in P&Z, the Building/Permitting Division, and the City Clerk's Office) advising the public disabled individuals (and qualifying entities) may request reasonable accommodation as provided herein. A disabled individual may apDly for a reasonable accommodation on his/her own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual. L) The County shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for angh passages are deleted. —4— Underlined passages are added. �o , M O N 0 0 N r O M a� E M U 0 a Packet Pg. 237 7.A.2.a reasonable accommodation, including without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal, and appearing at a hearing, etc., to ensure the process is accessible. 10. Reasonable Accommodation Request Form: 1. Name of Applicant: Telephone Number: 2. Address: 3. Address of housina or other location at which accommodation is 4. Describe qualifying disability or handicap: 5. Describe the accommodation and the specific regulation() and/or procedure() from which accommodation is sought: 6. Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and eniov the housing or other service: 7. Name, address and telephone number of representative, if applicable: A O N 8. Other information: o W 0 N O M r C 9. Signature of disabled individual or representative, if applicable, or E _qualifying entity: Date: a 5tr ack throu& passages are deleted. -5- Underlined passages are added. Packet Pg. 238 7.A.2.a PART B. CONFLICTING PROVISION. 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. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County PART D. 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 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. PART F. EFFECTIVE DATE. 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: Chairman Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or 5tr ack thron& passages are deleted. -6- Underlined passages are added. N T" O M r C d E t a Packet Pg. 239 7.A.2.a relettered to accomplish such intention; provided, however, that parts C through J shall not be codified. PASSED AND DULY ADOPTED this day of 2013. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney r Q angh passages are deleted. -7- Underlined passages are added. Packet Pg. 240 7.B.1 ITEM NO. RES-2013-63 COUNTY ` 1. ' A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jeffrey Johnson, Senior Planner SUBMITTED BY: Planning Division DATE: 04/02/2013 *PUBLIC HEARINGS SUBJECT: A Resolution to Rezone from AR-1 to CO - Wright Professional Plaza located approximately 1/3 mile north of Midway Road on the west side of South 25th Street. BACKGROUND: The petition from Wright Professional Plaza was submitted on December 18, 2012 to amend the Official Zoning Atlas from the current AR-1 (Agricultural, Residential - 1) District to the CO (Commercial, Office) District. The subject 4-acre property is designated RS (Residential Suburban - 2) on the Future Land Use Map, and is consistent with the proposed CO zoning. At the February 21, 2013 public hearing on this matter, the Planning and Zoning Commission unanimously recommended approval of the request to the Board of County Commissioners, the details of which are recorded in the attached minutes. There was no public comment. The applicant conducted a neighborhood meeting on January 31, 2013. This informational meeting was attended by four area property owners to have their comments and questions addressed by the applicant on their plans to re -zone the property and construct a medical office facility. PREVIOUS ACTION: February 21, 2013 - Planning and Zoning Commission voted unanimously to forward a recommendation of approval to the Board of County Commissioners. FINANCIAL IMPACT: N/A RECOMMENDATION: Board Adoption of a Resolution approving an Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential - 1) to CO (Commercial, Office). COMMISSION ACTION: Packet Pg. 241 7.B.1 RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: County Administrator, ICMA-CM Coordination/Signatures 7'4� xe4r M rk §9ftZrrlre, P, ning & irecta 3/20/2013 "McIntyre.ou y Attorney 3/20/2013 Updated: 3/19/2013 2:47 PM by Brian Hurwitz A Page 2 Packet Pg. 242 BOARD OF COUNTY COMMISSIONERS Hearing Date: Tuesday April 2, 2013 Applicant Raymond D. Wright 10607 Pine Needle Dr. Fort Pierce, FL 34945 (772) 882-6086 Aqent None. Future Land Use Residential Suburban - 2 du/acre Existing Zonin_q Agricultural Residential - 1) Request Proposed zoning change from AR-1 (Agricultural, Residential - 1) to CO (Commercial, Office). Staff Jeffrey Johnson Senior Planner johnsonj@stlucieco.org (772) 462-1580 File Number RZ 1220124581 Mght's Nfessional Plaza N RZ-1220124581 INI a N L D m 9 N i N Subject Properly U m `o fbyRd :U 0 AGENDA ITEM VII-B Wright Professional Plaza Amendment to the Official Zoning Atlas /IIIIW�I� 1 �• .rt Pierce City Limits _ _ p— �1 a 111111111111101 j Location: 1/3 mile north of Midway Road, on the west side of 25th St. Project Description Notice Requirements An Amendment to the Official Public hearing notice in Zoning Atlas from AR-1 accordance with Section (Agricultural, Residential - 1) to 11.00.03 of the Land CO (Commercial, Office) for a +/-4 Development Code was placed acre parcel located approximately in the St. Lucie News Tribune 1/3 mile north of Midway Road, on on march 18, 2013 2013, letters the west side of 25th Street. were mailed to property owners The proposed zoning change is consistent with the underlying RS (Residential Suburban - 2 du/ acre) future land use and is the first step that will be required to allow a proposed medical office building to be constructed on the property. A site plan will be necessary to demonstrate compliance with applicable LDC requirements. within a 500 foot radius and a sign placed on the property. Recommendation The Planning and Zoning Commission met on February 21, 2013 and recommends unanimous approval of this request. Staff recommends that the Board adopt Resolution No. 13-001 granting a rezoning from AR-1 to CO. Packet Pg. 243 7.B.1.1 M t0 M O N CO) W R E E 7 Co r v N O L a c) U O m r c m E t r a Packet Pg. 244 7.B.1.2 Resolution No. 13-001 File No.: RZ 1220124581 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1) ZONING DISTRICT TO THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT 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: 1. Wright Professional Plaza petitioned for an amendment to the Official Zoning Atlas to change the zoning from the AR-1 (Agricultural, Residential — 1) Zoning District to the CO (Commercial, Office) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph "A" and depicted on the attached map as Exhibit "A". 2. On February 21, 2013 the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended approval to the Board of County Commissioners for the hereinafter described request for an amendment to the Official Zoning Atlas from the AR-1 (Agricultural, Residential - 1) Zoning District to the CO (Commercial, Office) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph "A". 3. On April 2, 2013 this Board held a public hearing on the petition after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed uses in the surrounding area. 6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B" was signed by the applicant on November 16, 2012. April 2, 2013 Resolution No. 13-001 File No.: RZ 1220124581 Page 1 Packet Pg. 245 7.B.1.2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendment to the Official Zoning Atlas from the AR-1 (Agricultural, Residential — 1) Zoning District to the CO (Commercial, Office) Zoning District for the property owned by Raymond and Deanne Wright described below is hereby approved. LEGAL DESCRIPTION: THE SOUTH 150 FEET OF THE NORTH 356.2 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST '/4 OF THE NORTHEAST '/4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, LESS ROAD RIGHT-OF-WAY AS DESCRIBED IN THE OFFICIAL RECORDS BOOK 230, PAGE 1406, AND OFFICIAL RECORDS BOOK 625, PAGE 1756, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, TOGETHER WITH THE WEST 283.18 FEET OF THE SOUTHEAST '/4 OF THE NORTHEAST '/4 OF THE NORTHEAST '/4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, LESS THE NORTH 356.2 FEET THEREOF, ALL LYING IN ST. LUCIE COUNTY, FLORIDA. SITE ACERAGE: PARCEL ID NUMBER 4 acres (more or less) 3405-114-0002-000-6 B. The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. C. A copy of this Resolution shall be mailed, return receipt requested, to the owner and agent of record as identified on the application. D. This Resolution shall be recorded in the Public Records. April 2, 2013 File No.: RZ 1220124581 Page 2 Resolution No. 13-001 Packet Pg. 246 7.B.1.2 After motion and second, the vote on this Resolution was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Kim Johnson, Commissioner XXX Paula A. Lewis, Commissioner XXX PASSED AND DULY ADOPTED this 2nd day of April, 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY April 2, 2013 File No.: RZ 1220124581 Page 3 r a Resolution No. 13-001 Packet Pg. 247 7.B.1.2 Exhibit A Site Location Map Wright's Professional Plaza pN RZ-1220124581 �1 ak All _a D N - C M N Subject Property U L 0 Midwa---------------- y Rd m - � U April 2, 2013 File No.: RZ 1220124581 Page 4 Resolution No. 13-001 Packet Pg. 248 7.B.1.2 Exhibit B Concurrency Deferral Affidavit April 2, 2013 File No.: RZ 1220124581 Page 5 Resolution No. 13-001 Packet Pg. 249 7.B.1.3 1 St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, 3rd Floor 4 February 21, 2013 Meeting 5 6:00 p.m. 6 In the event of a conflict between these written minutes and a compact disc recording, the compact disc shall control. 7 8 The St. Lucie County Planning and Zoning meeting for February 21, 2013 was relocated to Conference Room 9 3, due to construction taking place in the Commission Chambers. Because the meeting was relocated to 10 Conference Room 3, it was not televised on SLCTV (Comcast 21 / U-Verse 99) or available for streaming 11 online. However, audio of the meeting was recorded and available via public records request. 12 13 I. CALL TO ORDER 14 Chairman Reynolds called the meeting to order at 6:00 p.m. 15 A. Pledge of Allegiance 16 17 B. Roll Call 18 Britt Reynolds........................................Chair 19 Cathy Townsend .......................................... Vice Chair 20 William O'Dell ............................................... Commission Member 21 Charles Grande ............................................ Commission Member 22 Craig Mundt ........................................Commission Member 23 Stephanie Morgan ........................................ Commission Member 24 Daniel Regis ................................................. Commission Member (late) Members Absent Edward Lounds............................................ Commission Member (excused absence) Brad Culverhouse........................................ Commission Member Marty Sanders .............................................. Ex-Officio Member (excused absence) Staff Present Mark Satterlee.............................................. Director of Planning & Development Services Leslie Olson ................................................. Planning Manager Heather Young ............................................. Assistant County Attorney Katherine Barbieri ........................................ Assistant County Attorney Britton DeWitt ............................................... Senior Planner Jeff Johnson ................................................. Senior Planner Beverly Austin .............................................. Recording Secretary C. Announcements Mr. Satterlee introduced the new Assistant County Administrator, Robert Bentkofsky and new Planning & Development Services Planning Manager, Leslie Olson. D. Disclosure None Minutes Review of the minutes from the January 17, 2013 meeting for approval. Chairman Reynolds asked if there were any additions or corrections. Mr. Satterlee explained the unusual length of these minutes (18 pages). Mr. Mundt moved to approve the minutes. Mr. Grande seconded. The motion carried. Packet Pg. 250 7.B.1.3 DRAFT Page 2 of 6 57 III. PUBLIC HEARINGS 58 A. Wright Professional Plaza: RZ-1220124581 59 A petition of Wright Professional Plaza for an amendment to the Official Zoning Atlas for 60 a =/- 4 acre parcel located approximately 1/3 mile north of Midway Road, on the west side 61 of 25th Street from the AR-1 (Agricultural, Residential -1) to CO (Commercial, Office). 62 Staff comment and presentation by Jeffery Johnson, Senior Planner. 63 64 Jeff Johnson, senior planner stated the Planning and Development Services Department, Planning 65 Division received a petition on December 18, 2012 from Wright Professional Plaza to amend the Official 66 Zoning Atlas from the current AR-1 (Agricultural, Residential — 1) District to the CO (Commercial, Office) 67 District. The subject vacant property is 4 acres in size and is located approximately 1/3 mile north of 68 Midway Road, on the west side of 251h Street. The property is designated RS (Residential Suburban — 2 69 du/acre) on the Future Land Use Map. The applicant held a neighborhood meeting on January 31, 2013. 70 This informational meeting was attended by four area property owners to have their comments and 71 questions addressed by the applicant on their plans to re -zone the property and construct a medical office 72 facility. Approval of the requested zoning will be consistent with adjacent medical and chiropractic office 73 uses that lie to the west across 25th Street. Furthermore, the subject property is in close proximity of the 74 Midway Road/25th Street intersection where all four corners have a commercial zoning. 75 76 The intended use for this rezoning is not expected to create significant additional demands on any public 77 facilities. Site development approval for the project will require a concurrency test to insure that any 78 additional demands on public facilities in this area are met or mitigated accordingly. Availability of water, 79 sewer, and other public facilities must also be confirmed prior to development approval. The proposed 80 amendment is not anticipated to create significant impacts on the natural environment. As part of the 81 next step in the development process, the applicant would be required to assess existing environmental 82 conditions on the subject property and comply with St. Lucie County Land Development Code and St. 83 Lucie County Comprehensive Plan requirements. This proposed change in zoning will result in an orderly 84 and logical development pattern of the general area. The conversion of lands adjacent to 25th Street is a 85 reflection of changing values in the area. Medical office facilities such as the White City Medical Office 86 Park and a chiropractic office currently exist in close proximity to the north, on the east side of 25th Street. 87 The subject property also abuts a vacant 35-acre commercial general zoned parcel to the south. Staff is 88 requesting the Commission to forward a recommendation of approval to the Board of County 89 Commissioners for Resolution No. 13-001 approving and Amendment to the Official Zoning Atlas from 90 AR-1 (Agricultural, Residential -1) to CO (Commercial, Office). 91 92 Chairman Reynolds asked if there were questions for staff 93 Mr. Mundt and Mr. Grande asked about comments from the neighborhood meeting of Jan. 31; was there 94 any feedback from neighbors and any written comments. Also if the owners of two residential properties 95 that abut the petitioned property attended the meeting. 96 97 Mr. Johnson stated there were no objections; more informational and both owners did attend. 98 99 The applicant, Dale Wright stated the owners' concern was the back three acres in which they have no 00 intention of dealing with currently. Mr. Johnson's presentation covered all the issues. He stated he told 01 the neighbors that it was going to be a medical office; less invasive and built structurally like homes. 02 When that was explained, they were fine with it. There will be a chain -linked fence and a landscaped 03 buffer on the property. 04 05 Mr. Satterlee stated when the site plan is presented; the buffer issue will be addressed. 06 07 Chairman Reynolds opened the public hearing 08 There was no one. 09 Chairman Reynolds closed the public hearing Planning and Zoning Commission February 21, 2013 Minutes Packet Pg. 251 7.B.1.3 DRAFT Page 3 of 6 111 Chairman Reynolds asked the Board if there was any discussion. 112 There was none. 113 114 Mr. Grande made a motion: After considering the testimony presented during the public 115 hearing including staff comments, and the Standards of Review as set forth in Section 116 11.06.03 of the St. Lucie County Land Development Code. I hereby move that the 117 Planning and Zoning Commission recommend that the St. Lucie County Board of County 118 Commissioners adopt a resolution granting approval of the application of Wright 119 Professional Plaza for an amendment to the Official Zoning Atlas to change the zoning 120 from AR-1 (Agricultural, Residential-1) to CO, (Commercial, Office) because it is 121 consistent with the area and has no impacts on the surrounding property owners. Ms. Morgan seconded the motion. The roll was called: Chairman Reynolds Yes Vice -Chair Townsend Yes William O'Dell Yes Craig Mundt Yes Charles Grande Yes Stephanie Morgan Yes Petition Approved B. Ordinance No. 13-012 Establishing procedures for processing requests for reasonable accommodation pursuant to Title II of the Americans with Disabilities Act and Fair Housing Act from the County's unified Land Development Code. Staff comment and presentation by Katherine Barbieri, Assistant County Attorney. Katherine Barbieri, assistant county attorney stated this is an ordinance to process a procedure so that we can accommodate reasonable accommodations under the American Disabilities Act and Fair Housing Act. Port St. Lucie has had an issue regarding no procedure in place and is now being sued for not having a procedure. The County also had no procedure in place if someone came in and asked for reasonable accommodations under those acts. The County is not currently under any lawsuits but someone has requested reasonable accommodation and they have been notified that the County is currently processing a procedure. This process would allow us to ask them to identify their disability and what reasonable accommodation is being requested. This would be handled in the Planning & Development Services department. The Board of County Commissioners gave permission to advertise. Mr. Satterlee stated there was an inquiry in which he explained/outlined to the caller the developing procedures. Ms. Townsend asked if assisted living facilities will be mimicked. Ms. Barbieri stated a specific distance requirement cannot be set but if it alters the neighborhood can be looked at. Mr. Grande questioned paragraph 8 on page 5 of the proposed Ordinance 13-012; regarding not enforcing the subject zoning ordinance while an application or appeal is pending before the County. Ms. Barbieri stated that would be for the one that is already out there; we are not going after them with code. Planning and Zoning Commission Minutes February 21, 2013 Packet Pg. 252 7.B.1.3 DRAFT Page 4 of 6 164 Mr. Satterlee stated language could be added to the effect that any work done in advance of the approval 165 by the County is done at the applicant's own risk. 166 167 Chairman Reynolds opened the public hearing 168 There was no one. 169 Chairman Reynolds closed the public hearing 170 171 Chairman Reynolds opened it up for discussion with the Board 172 173 Mr. Grande suggested that the added language should be in the motion to approve. 174 175 Mr. Mundt made a motion to approve Ordinance 13-012 with the added language 176 proposed by Mr. Satterlee regarding paragraph 8 on page 5. 177 178 Mr. Grande Seconded. 179 180 The roll was called: 181 Chairman Reynolds Yes 182 Vice -Chair Townsend Yes 183 William O'Dell Yes 184 Craig Mundt Yes 185 Charles Grande Yes 186 Stephanie Morgan Yes 187 188 Ordinance Approved 189 190 C. Hearn, Hedal & Coletti/Marcello: FLUMA- 820124530 191 A petition by St. Lucie County for an amendment to the Future Land Use Map for five 192 privately owned parcels totaling 14.61 acres from R/C (Residential Conservation) and 193 CPUB (Conservation Public) to RE (Residential Estate) Future Land Use designation. 194 Staff comment and presentation by Britton Wilson, Senior Planner. 195 196 D. Hearn, Hedal & Coletti/Marcello: RZ-820124531 197 A petition by St. Lucie County for an amendment to the Official Zoning Atlas for five 198 privately owned parcels totaling 14.61 acres from AG-5 (Agricultural-1 du/5 acres) and 1 199 (Institutional) to AR-1 (Agricultural Residential-1 du/acre) zoning district. Staff comment 200 and presentation by Britton Wilson, Senior Planner. 201 202 Both agenda items (C & D) were presented together but with separate public hearings 203 and separate votes. 204 205 Britton Wilson, Senior Planner presented two concurrent items both are County -initiated amendments for 206 portions of five privately owned contiguous parcels totaling 14.6 acres. The large-scale Future Land Use 207 Map Amendment is proposing a change from Residential/Conservation and Conservation Public to 208 Residential Estate and the amendment to the Official Zoning Atlas is proposing a change from AG-5 and 209 Institutional to Agricultural, Residential — 1 du/acre. These are two separate public hearings that were 210 advertised together in a Tribune ad that was published on February 6th. Staff has received no public 211 comment in opposition to the proposed amendments. The subject parcels consist of a portion of five 212 privately owned parcels owned by the Hearns, Hedals and Coletti and Marcello, which are located on 213 Tozour Road and US 1 just north of Indrio Road. 214 Planning and Zoning Commission February 21, 2013 Minutes Packet Pg. 253 7.B.1.3 DRAFT Page 5 of 6 215 Two tables in the agenda packet show the history of the subject parcel's future land use and zoning 216 designations from 1984 to present. When researching the history of the subject properties it became 217 apparent that the zoning designations were mistakenly changed due to a scrivener's error. The properties 218 were likely changed when the hand drawn maps were electronically digitized in the early 1990s. So 219 during the mapping process, instead of retaining their AR-1 zoning, the parcels were changed to 220 Institutional and AG-5. The original Future Land Use Designations were Commercial Highway, which is 221 an old land use designation that is no longer in the adopted comprehensive Plan. So in order to revert the 222 parcels back to their AR-1 zoning they must first have a compatible future land use designation of 223 Residential Estate. 224 225 The proposed amendments are in compliance with the Comprehensive Plan and the Land Development 226 Code and the three property owners have signed affidavits agreeing to the proposed changes. In order to 227 correct the scrivener's error that occurred during the mapping process back in 1990, staff is 228 recommending that the Future Land Use Map Amendment and concurrent rezoning be forwarded to the 229 Board of County Commissioners with a recommendation for approval. 230 231 Chairman Reynolds asked if there were questions for staff 232 Mr. Mundt asked if the applicant/property owner brought the issue forward. 233 234 Ms. Wilson stated Mr. Hearn brought this issue to staff's attention; the BOCC in 2006 or 2007 235 denied sponsoring this petition at the time for free. Currently, things have changed with a lighter 236 load on staff; it can be taken care of and staff has done the research. 237 238 Mr. Satterlee stated the Comprehensive Plan was not adopted until 1989. 239 240 Chairman Reynolds opened the public hearing for agenda item C 241 There was no one. 242 Chairman Reynolds closed the public hearing for agenda item C 243 244 Ms. Morgan made a motion: After considering the testimony presented during the public 245 hearing, including staff comments, I hereby move that the Planning and Zoning 246 Commission of St. Lucie County recommend that the St. Lucie County Board of County 247 Commissioners approve proposed Ordinance 13-008 for an amendment to the Future 248 Land Use map for a portion of five privately owned parcels to the RE (Residential Estate 249 — 1 DU/acre) Land use designation because it is correcting a scrivener's error. 250 251 Mr. Grande seconded the motion. 252 253 The roll was called: 254 Chairman Reynolds Yes 255 Vice -Chair Townsend Yes 256 William O'Dell Yes 257 Craig Mundt Yes 258 Charles Grande Yes 259 Stephanie Morgan Yes 260 Daniel Regis Yes 261 262 Petition Approved Unanimously 263 264 Chairman Reynolds opened the public hearing for agenda item D 265 There was no one. 266 Chairman Reynolds closed the public hearing for agenda item D Planning and Zoning Commission February 21, 2013 Minutes Packet Pg. 254 91I-R1aI Page 6 of 6 7.B.1.3 267 Ms. Morgan made a motion: After considering the testimony presented during the public 268 hearing, including staff comments, I hereby move that the Planning and Zoning 269 Commission of St. Lucie County recommend that the St. Lucie County Board of County 270 Commissioners approve proposed Resolution 13-003 for an amendment to the Official 271 Zoning Atlas for a portion of five privately owned parcels to the AR-1 (Agricultural, 272 Residential — 1 DU/acre) Zoning district because it is correcting a scrivener's error. 273 274 Mr. Grande seconded the motion. 275 276 The roll was called: 277 Chairman Reynolds Yes 278 Vice -Chair Townsend Yes 279 William O'Dell Yes 280 Craig Mundt Yes 281 Charles Grande Yes 282 Stephanie Morgan Yes 283 Daniel Regis Yes 284 285 IV. OTHER BUSINESS 286 287 A. Planning and Development Services Director Comments 288 Mr. Satterlee stated possibly in March staff will be bringing to the BOCC some of the 1" 289 amendments regarding the Western Land Study. Also we still are under several Bert Harris claims 290 and lawsuits regarding that. In addition, we also will have another settlement issue that is being 291 dealt with regarding Angle Road Property (Angle Road and North Jenkins Road) that will be coming 292 to a resolution. 293 294 V. ADJOURN 295 There being no further business, the meeting adjourned at 6:40pm. Planning and Zoning Commission Minutes February 21, 2013 Packet Pg. 255 'tanning & Development Service Department 772.462.2822 an ley,A :4 a&K9111]I Public Hearing Date April 2, 2013 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Wright Professional Plaza Raymond and Deanne Wright 10607 Pine Needle Drive Fort Pierce, FL 34945 A ent None. Property Location Approximately 113 mile north of Midway Road, on the west side of South 25th Street. Existing Zonin_g AR-1 (Agricultural, Residential —1) Proposed Zoning CO (Commercial, Office) Future Land Use RS (Residential Suburban - 2 du/acre) Staff Recommendation The Planning and Zoning Commission met on February 21, 2013 and recommended unanimous approval of the request. Staff recommends that the Board adopt Resolution No. 13-001 granting a rezoning from AR-1 (Agricultural, Residential — 1) to CO (Commercial, Office). PUBLIC HEARING NOTICE TUESDAY, APRIL 2, 2013 Amendment to the Official Zoning Atlas __ _ At. u.�ecwxyxml,q """"'1 P9i' xro. Pa.nee unloN.�:p...n .. /,� ws n.,la..�vlr ..•.u:��, w.s ti N ® Subec1 ro ert 1 P P Y �R •4- N w?.t• 11 cy+q C[�I C W..n nF r.u�r% L �500 fl. notification area c - nom e6-]. e. �a•&rqk ia-H, 2o..'r., —t ns �.Fe��ro•S�ab F.r� n= j, UD Fort Pierce City limits CR.6 nW- N aWn P✓h . • Hv, . euxl A LLL RIC o>Z.Ihe,ao v ,• RF co 0 r , AR-1 r AR �SUO-fl. 1 �a �4 AG- JPUD� -.--CG CG Aft-1 i f'NRCI CO w ennwnr Ro F I CO CN oc co wee' AR-1 I Public Wearing Description The applicant, Wright Professional Plaza is requesting an Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential — 1) to CO (Commercial, Office) for a +1- 4 acre parcel of land located approximately 1/3 mile north of Midway Road, on the west side of 25th Street. The proposed zoning change is consistent with the underlying RS (Residential Suburban - 2 du/acre) future land use that is designated on the subject property, and is the first step that will be required to allow a proposed medical office building to be constructed on the property. A site plan will be necessary to demonstrate compliance with applicable Land Development Code requirements to ensure compatibility with existing uses. The St. Lucie County Board of County Commissioners has the power to review and grant applications within their area of responsibility. All interested persons will be given an opportunity to be heard. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department (PDS), Planning Division at least 3 days prior to the scheduled hearing. Further details are available in the PDS Department, Planning Division - please contact: Staff Jeffrey Johnson, Senior Planner Phone 772-462-1580 Email johnsonj@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 7.B.1.5 Form 08-47 PLANNING & DEVELOPMENT SERVICES PLANNING DIVISION PUBLIC NOTICE SIGN CONTENT Project Name: Wright Professional Plaza Applicant: Raymond and Deanne Wright Public Hearing Body: Board of County Commissioners Public Hearing Date: April 2, 2013 Required Sign Content: Heading: NOTICE OF PUBLIC HEARING Body: A petition of Wright Professional Plaza for an amendment to the Official Zoning Atlas to change the zoning from AR-1 (Agricultural, Residential - 1) to CO (Commercial, Office) for +1- 4 acre parcel located approximately 113 mile north of Midway Road, on the west side of 25th Street. The meeting is to be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on, on Tuesday, April 2, 2013 @ 6:00 p.m. or as soon thereafter as possible before the Board of County Commissioners. Copies of the petition are available at the front desk in the Planning Division, County Administration Building, 2300 Virginia Avenue, Fort Pierce. If you have any questions please call the Planning Division at 772-462-2822. Submit two dated photos of the installed sign to Jeff Johnson, Senior Planner by March 21, 2013. Please contact Jeff Johnson, Senior Planner at 772-462-1580 if you have questions. Packet Pg. 257 7.B.1.6 ITEM NO. III -A — DATE: 02/21/13 AGENDA REQUEST REGULAR { j PUBLIC HEARING { X J LEG. { QUASI -JD ( X ) CONSENT { j a TO: PLANNING AND ZONING COMMISSION PRESENTED BY: c Jeffrey Johnson SUBMITTED BY: Planning and Development Services Senior Planner Department, Planning Division o a SUBJECT: Rezoning Request — Wright Professional Plaza located approximately 113 mile LM north of Midway Road on the west side of 251h Street. BACKGROUND: See attached memorandum. o M FUNDS AVAILABLE: NIA r N vn w PREVIOUS ACTION: NIA RECOMMENDATION: Forward a recommendation of approval to the Board of County Commissioners for Resolution No. 13-001 approving an Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential — 1) to CO (Commercial, Office). Coordination/Signatures County Attorney ( X A14 County Surveyor (X) f ,, w Daniel S. McIntyre Ron Harris County Engineer Michael Powley Originating Dept. ( X ) Mark Satterlee ERD (X) /7 K Smith Packet Pg. 258 7.B.1.6 J , Planning and Development Services C6UNTYr Planning Division MEMORANDUM N R d fC C TO: Planning and Zoning Commission c N THROUGH: Mark Satterlee, AICP, Planning and Development Services Direct° o Leslie Olson, Planning Manager a FROM: Jeffrey Johnson, Senior PlannerLM DATE: February 21, 2013 CO) SUBJECT: Re -Zoning Request — Wright Professional Plaza located approximately 113 mile N north of Midway Road, on the west side of 251" Street. w ITEM NO: III -A General Information Applicant/Property Owner: Wright Professional Plaza — Raymond and Deanne Wright Agent for Applicant: None Location: Approximately 113 mile north of Midway Road, on the west side of 25M Street Parcel Size: 4 acres Tax Identification Number: 3405-114-0002-000-6 Current Zoning: ARA (Agricultural, Residential — 1) Proposed Zoning: CO (Commercial, Office) Future Land Use: RS (Residential Suburban — 2 du/acre) Wetlands: None Utilities: Fort Pierce Utilities Authority Service Area Urban Services Boundary: Inside Packet Pg. 259 7.B.1.6 Resolution No. 13-001 RZ1220124581 February 21, 2013 Page 2 Surrounding Land Uses & Zoning: Direction Future Land Use Zoning Existing Land Use North RS (Residential Suburban) RF (Religious Facilities) Vacant Land South RS (Residential Suburban) and COM (Commercial) AR-1 (Agricultural Residential) and CG, (Commercial, General) Single Family Residence and Vacant Land East RS (Residential Suburban) AR-1 (Agricultural Residential) Single Family Residence and Vacant Land West RS (Residential Suburban) AR-1 (Agricultural Residential) Single Family Residence Background The Planning and Development Services Department, Planning Division received a petition on December 18, 2012 from Wright Professional Plaza to amend the Official Zoning Atlas from the current AR-1 (Agricultural, Residential — 1) District to the CO (Commercial, Office) District. The subject vacant property is 4 acres in size and is located approximately 113 mile north of Midway Road, on the west side of 25th Street. The property is designated RS (Residential Suburban — 2 du/acre) on the Future Land Use Map. The applicant held a neighborhood meeting on January 31, 2013. This informational meeting was attended by four area property owners to have their comments and questions addressed by the applicant on their plans to re -zone the property and construct a medical office facility. Standards of Review for an Amendment to the Official Zoning Atlas 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. A site plan will be required as the next step to bring the property into compliance with applicable Land Development Code requirements such as landscaping, buffering, traffic circulation, parking, etc. B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan, - The proposed change to CO (Commercial Office) is consistent with the St Lucie County Comprehensive Plan. The Comprehensive Plan supports the location of higher intensity commercial uses that are in close proximity to major intersections and at points of high Packet Pg. 260 7.B.1.6 Resolution No. 13-001 RZ 1220124581 February 21, 2013 Page 3 transportation access. The subject property fronts 25t" Street which is a four -lane divided urban principle arterial. The site is approximately 113 mile north of the Midway Road intersection which is classified as an urban principle arterial. C. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The Future Land Use for the subject property is RS (Residential Suburban — 2 du/acre) and is consistent with the proposed CO zoning district. The intent of the CO zoning 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. Particular attention to buffering and landscaping will be needed to assure compatibility with the adjacent existing single family residential homes that abut the subject property to the south, east and west. D. Whether there have been any changed conditions that require an amendment; Approval of the requested zoning will be consistent with adjacent medical and chiropractic office uses that lie to the west across 25" Street. Furthermore, the subject property is in close proximity of the Midway Roadl25`" Street intersection where all four corners have a commercial zoning. 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. Site development approval for the project will require a concurrency test to insure that any additional demands on public facilities in this area are met or mitigated accordingly. Availability of water, sewer, and other public facilities must also be confirmed prior to development approval. 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. As part of the next step in the development process, the applicant would be required to assess existing environmental conditions on the subject property and comply with St. Lucie County Land Development Code and St. Lucie County Comprehensive Plan requirements. G. Whether and the extent to which the proposed amendment would adversely affect property values in the area; The proposed zoning change is not anticipated to have an adverse impact on property values in the area. The properties directly to the north, south and to the east across 25t" Street are vacant. in addition, during the site plan process, buffering consistent with Packet Pg. 261 7.B.1.6 Resolution No, 13-001 RZ 1220124581 February 21, 2013 Page 4 Land Development Code requirements will be required on the subject property to minimize any noise and visual impacts to adjacent to a single family homes that abut the property to the south, east and west. 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, - This proposed change in zoning will result in an orderly and logical development pattern of the general area. The conversion of lands adjacent to 25t" Street is a reflection of changing values in the area. Medical office facilities such as the White City Medical Office Park and a chiropractic office currently exist in close proximity to the north, on the east side of 25th Street. The subject property also abuts a vacant 35-acre commercial general zoned parcel to the south. 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 change to Commercial Office provides a transition from an arterial that averages over 18,000 annual daily trips to the existing single family residences to the west. 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. Recommendation Forward a recommendation of approval to the Board of County Commissioners for Resolution No. 13-001 approving and Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential -1) to CO (Commercial, Office). Packet Pg. 262 7.B.1.6 Resolution No. 13-001 RZ1220124581 February 21, 2013 Page 5 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE. I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION GRANTING APPROVAL OF THE APPLICATION OF WRIGHT PROFESSIONAL PLAZA FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM AR- 1 (AGRICULTURAL, RESIDENTIAL — 1) TO CO, (COMMERCIAL, OFFICE) BECAUSE... MOTION TO DENY AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11,06.03 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF WRIGHT PROFESSIONAL PLAZA FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM AR-1 (AGRICULTURAL, RESIDENTIAL - 1) TO CO (COMMERCIAL, OFFICE) BECAUSE... Packet Pg. 263 7.13.1.6 LiLm ....... Hearing Date: AGENDA ITEM III -A Thursday Wright Professional Plaza February 21, 2013 Amendment to the Official Zoning Atlas Applicant Raymond D. Wright 10607 Pine Needle Dr. Fort Pierce, FL 34945 (772) 882-6086 Agent None. Future Land Use Residential Suburban - 2 du/acre Existing Zoning Agricultural Residential - 1) Reguesf Proposed zoning change from AR-1 (Agricultural, Residential - 1) to CO (Commercial, Office). Staff Jeffrey Johnson Senior Planner johnsonj@stlucieco.org (772) 462-1580 File Number RZ 1220124581 %ghrf man s RZ-012Z Al i n Y e Med e Pi" o P fl. Y YY 0 � R P- N Y ysl ®Sub]aC1 propertyPR R.� coca w 3 R. notificaRan araaRf RF] nnM sy l �Y _5W Fort Pierce Ciry Limits ne..3 w, r.mowmaa �:o� ms or.etrrr�3 JEUD .......... .. �v R a RIC ❑evwe,ao - - - - N AR-1 z AR�son-e, %CO cGAl PNRD CO N F530 WAY PB 1771 CO GN CG Cp AR-1 FNr� I Location: 113 mile north of Midway Road, on the west side of 25th St. Proiect Description Notice Requirements An Amendment to the Official Public hearing notice in Zoning Atlas from AR-1 accordance with Section (Agricultural, Residential - 1) to 11.00.03 of the Land CO (Commercial, Office) for a +1-4 Development Code was placed acre parcel located approximately in the St. Lucie News Tribune 113 mile north of Midway Road, on on February 5, 2013, letters the west side of 25th Street. were mailed to property owners within a 500 foot radius and a The proposed zoning change is sign placed on the property. consistent with the underlying RS (Residential Suburban - 2 du/ Staff Recommendation acre) future land use and is the Staff recommends that the first step that will be required to proposed Amendment to the allow a proposed medical office Official Zoning Atlas (Resolution building to be constructed on the No. 13-001) be forwarded to the property. A site plan will be Board of County Commissioners necessary to demonstrate with a recommendation for compliance with applicable LDC approval. requirements. Packet Pg. 264 7.B.1.6 Resolution No. 13-001 File No.: RZ 1220124581 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1) ZONING DISTRICT TO THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT 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: 1. Wright Professional Plaza petitioned for an amendment to the Official Zoning Atlas to change the zoning from the AR-1 (Agricultural, Residential — 1) Zoning District to the CO (Commercial, Office) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph "A" and depicted on the attached map as Exhibit "A". 2. On February 21, 2013 the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended approval to the Board of County Commissioners for the hereinafter described request for an amendment to the Official Zoning Atlas from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph "A". 3. On , 2013 this Board held a public hearing on the petition after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed uses in the surrounding area. 6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B" was signed by the applicant on November 16, 2012. February 21, 2013 File No.: RZ 1220124581 Page 1 Resolution No. 13-001 Packet Pg. 265 7.B.1.6 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendment to the Official Zoning Atlas from the AR-1 (Agricultural, Residential — 1) Zoning District to the CO (Commercial, Office) Zoning District for the property owned by Raymond and Deanne Wright described below is hereby approved. LEGAL DESCRIPTION: THE SOUTH 150 FEET OF THE NORTH 356.2 FEET OF THE SOUTHEAST '/4 OF THE NORTHEAST '/a OF THE NORTHEAST '/4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, LESS ROAD RIGHT-OF-WAY AS DESCRIBED IN THE OFFICIAL RECORDS BOOK 230, PAGE 1406, AND OFFICIAL RECORDS BOOK 625, PAGE 1756, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, TOGETHER WITH THE WEST 283.18 FEET OF THE SOUTHEAST '/4 OF THE NORTHEAST % OF THE NORTHEAST Y4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, LESS THE NORTH 356.2 FEET THEREOF, ALL LYING IN ST. LUCIE COUNTY, FLORIDA. SITE ACERAGE: PARCEL ID NUMBER: 4 acres (more or less) 3405-114-0002-000-6 B. The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. C. A copy of this Resolution shall be mailed, return receipt requested, to the owner and agent of record as identified on the application. D. This Resolution shall be recorded in the Public Records. February 21, 2013 File No.: RZ 1220124581 Page 2 Resolution No. 13-001 Packet Pg. 266 7.B.1.6 After motion and second, the vote on this Resolution was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner Kim Johnson, Commissioner Paula A. Lewis, Commissioner PASSED AND DULY ADOPTED this XXX PAX711 day of , 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK February 21, 2013 File No.: RZ 1220124581 Page 3 COUNTY ATTORNEY Resolution No. 13-001 N M d CE r_ 0 0 a` aM �L M M r O N Cn W W Packet Pg. 267 7.B.1.6 Exhibit A Site Location Map Li +� c Na) C C � � fl1CJ N N v U February 21, 2013 File No.: RZ 1220124581 Page 4 Wright's Professional Plaza N RZ-1220124581 'r :Subj;ect Prop Midway Rd`',' � l 0 U) CO Resolution No. 13-001 Packet Pg. 268 7.B.1.6 Exhibit B Concurrency Deferral Affidavit February 21, 2013 File No.: RZ 1220124581 Page 5 Resolution No. 13-001 Packet Pg. 269 7.B.1.6 ST. LUCIE COUNTY CONCURRENCY DEFERRAL AFFIDAVIT Fee: $25.00 I, 2 cal) Y7 2 We,', 1', T _, residing or doing business at 10 (o 07 f iik.n eed k, vJr n� Name Street Fi- Pic'yce— Fi-- 3`l<�1`�5 77�--�� �.���g(A have applied for City (� State Zip Code Phone a I` -2 on 6r1 I from St. Lucie County, Florida, for the Type of Develdpment Order following Project: Y►01t�, Pre fe..5- ion(► -I P)o.zo-- Name of Proposed Development 3qos- - IIq-000).--000--(, I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.01.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of a acity createss �o vested or other rights to develop the subject property. SIGNED: �2. I� DATE: I l Applicant STATE OF FLORIDA, COUNTY OF ST. LUCIE Befor me, t e undersigned authority personally appeared nr c. Wy�kt who p y belrl duly swo eposes and says sworn to and subscribed before me` is 1 day f 1 My Commission expires: �A otary PVW Witness `tc YY1CC�l�«� itness is 4/13101 hICHELLE s lntary Pubfrc, State Of Florida da 16 0.0commission#i7Dg5W xpis carom. eres Jan. 1214 Packet Pg. 270 7.B.1.6 Environmental Resources Department Final Report To: Jeff Johnson, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Directtlor FROM: Jennifer Evans, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Division Manager DATE: January 9, 2013 SUBJECT: Wright's Professional Plaza RZ 1220124581 Background The Environmental Resources Department (ERD) recieved the December 18, 2012 Planning and Development Services' date -stamped submittal. The applicant requests approval to rezone the subject property from Agricultural Residential (AR-1) to Commercial Office (CO). Environmental Resources staff has completed a site inspection and plan review. The 3.95-acre project site is located on the west side of 25`h Street, north of Midway Road. The property currently contains oak hammock habitat with scattered exotic vegetation. Findings The proposed rezoning is not anticipated to result in adverse environmental impacts. Environmental impacts may be influenced by specific site design; therefore environmental issues will be addressed at the time of site plan and/or building permit application. ERD will conduct further review to ensure compliance with the Land Development Code during the site plan and/or building permit review process. Recommendation ERD staff supports the recommendation of approval. Packet Pg. 271 7.B.1.6 w W W. w wiLu w -p A O A A O 0 A A A A A 0 0 0 0 0 W W W W 11'i W j W 0 n In o VI In b O Ln Y U'i i Ln r CDY O O r N N N N Y N IZJ A ,A N!N O00IA10 ED A 0:0 Vl'OIA;;o 0 C) 0 O r O O 1 O O j W: O 10 . N � 0 0 ;[D'N i 0 0 1 0 0! O w D01 W: V:m C W 00 rG .v c 0 v n - in rtl� N'.Co Eu;,'� d C N H ro (D S r I m n w� n rl � n i 1 i I I _1 n v° a 3 Q ='CD � ro' 3 ro mIro'm �, 1. n nI �v wIw wCD 0 CD Wi ul N V O 010 A A 00 O O O NJ O 00 O A 00 Y �c M! m v c rt, :3 I II N I 1 I I o n 0 ON d v a! I� 11 Cu rD ! III C W W W i W W W I W I W ? A'A!A A A.A'1 A O b b 0 O O O 0 A A 1 A; A ? W In Ln N N, M:M N Ln! Y N O! O N O I w Y N W O; 0 Y Iv A A O O O o O ID Cl,I Cl:O O O ', O: O O O 010 O CD'I 00 O 00 1 0 1 0 Y Q r Ln l V l V l r O 010:0 O O O O O o O; O O O 0:O O O'I O!O O O,O O V A w ai A al! V to x tNi � rD C G1 N n ro m m ro n- ro Co z rt rt o mo n 0,01 c ZIN zp, in rnD rnD - S vivl ID D W W W W -V AIA AIA Cu 0 0 0 O n Vl w In (.n Y Ln r F+ _ Y' Q' Y F� N N A A O O I O O O b r O O O N I O CD Vl 1 Ol r Fi O O I N rV 010l1r10 O O 1 0 0 r10) Orl F� O c .'nr rDID ID 7 n r0 3 a IlE m lu N N _0 3 N 1y Irt I n rp Imo; c "I a II I l r1v m S Vl1 mi 1V1iM 7o n rt �. O 3 °S' o ly w nl 31 D 3 r- nlxl �''„ c, p OJ rD rD m G - m 7 DD n — m 3 rD N r D v m nI oI y I I C Ur rD _I .. .__...� v N O -e N � � v zl� �. nl IT n °i lu T a r i r [n i N l r r! A A N i A� A. A A: N A A Vt ' AC:, N Ln Y A a1 N Cl al O: M V O V V m al V Ol 00 V N V N O Cn : yn 1 0 00 N Ol . Y In al lD A M O I N W W O O lD 00 00 rf O O. W A U'i, Vl!0 O O 010;N IN lD'„NIN 10 D1 l./l m C V O— O— S 0! Vl I Vl I Vl In L V) l Ln Ol Q I Ol Co �.m O N ISjY ',b NIN.N N'— iN:N m �'Iv r 31� D; Ala as bo'o to ul LniknllQ!cn!�n Doa'�. D rD IN v G Ir' rD im v — rt r rt Irr .rt L ro II� IIQ m u' no ',� Cr 7 S S S Sr v I,S S ro CD �D VIN'.�+l N DIm rD i(D dir�'r 'K Irt `K-r AID Ir�r 'Nr N A' m rD * c¢ m j N 7n a rDj m i`D alai `� ICL v' Io o III :a _? 0 0'0 0 0)'p 0 l0 d 0 �0 10 - 0 O �Kio Irr F �iZ Cu ;I3 rt:�''Irr'rr �I�'� 0 � ''I0 vIN Iv:o^ v'rt 3 M -0Col-0l_v,�_v, ro m : 7 ! m ' m �D' rD io rp rD rL m m m m - ro rp rD 'In n n N In n 'n n In n n im n In m .n rD m —fro 0. M) ro ro n'ro rD m ro m rD mam m mI roI a roII s io 0 0 I . -n M : - T1 -n-m T T' T Z I T_ i' Zl 1 Tl -m T T T T; Z T T -nI Z 'D.r-r—!rlj r_r,r rrlr rlr r,r.r',r.r--�,.r rij',r W W �W W W W W!W W'. W W'W'Ir.W' W r' W W A N A O W A A: A A W A- AAA A O A - V :(D N lD Vl Y W W. W W A lD .to W lD lD W :co 0 lD lD Vl W a V 10 00 - rn W w A w w w w I oo 00 0a Ln w 00 w 00 w w m[D Vl N r O rU w Gl Y Y O: Y Y r r ''. O N W Ln; ciu N 1' iu In vl l tin in in cn W: cn 61 ur 0;(D n'10 0 oiN oIo io CD o a a w A I W' CDY W W W A O 0 r 0 0 0 N O W I V I(n : W �I r! W W r V V A LD 00 U'i {a Lrl 3 Packet Pg. 272 Public Hearing Date: February 21, 2013 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Wright Professional Plaza Raymond and Deanne Wright 10607 Pine Needle Drive Fort Pierce, FL 34945 Agent None. Property Location Approximately 113 mile north of Midway Road, on the west side of 25th Street. Existing Zoning AR-1 (Agricultural, Residential —1) Proposed Zoning CO (Commercial, Office) Future Land Use RS (Residential Suburban - 2 du/acre) Staff Recommendation Forward a recommendation of approval to the Board of County Commissioners for Resolution No. 13-001 approving an Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential — 1 to CO (Commercial, Office). PUBLIC HEARING NOTICE THURSDAY, FEBRUARY 21, 2013 Amendment to the Official Zoning Atlas K� N ® su4jecl pmperiS'ZD •¢ Oe R4 R ry ��eye, ie1 UD Fort Perce City Limits R!C o�'iHe,ao x AR-1 h co , AR-1 w AR S- o—+-5wit ♦ AG-1 ` f ♦ PU❑ F z cc A I CG AR-1 Co AR-1 A -1 PNRD CO W hUpWAY R� AR-1 I Public Hearing Description The applicant, Wright Professional Plaza is requesting an Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential — 1) to CO (Commercial, Office) for a +1- 4 acre parcel of land located approximately 113 mile north of Midway Road, on the west side of 25th Street. The proposed zoning change is the consistent with underlying RS (Residential Suburban - 2 du/acre) future land use that is designated on the subject property, and is the first step that will be required to allow a proposed medical office building to be constructed on the property. A site plan will be necessary to demonstrate compliance with applicable Land Development Code requirements to ensure compatibility with existing uses. The St. Lucie County Planning and Zoning Commission has the power to review and recommend to the Board of County Commissioners for approval or disapproval, any applications within their area of responsibility. All interested persons will be given an opportunity to be heard. Written comments to the Planning and Zoning Commission should be received by the Planning and Development Services Department (PDS), Planning Division at least 3 days prior to the scheduled hearing. Further details are available in the PDS Department, Planning Division - please contact: Staff Jeffrey Johnson, Senior Planner Phone 772-462-1680 Email johnsonj@stiucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 7.B.1.6 Form 08-47 Project Name: Applicant: Public Hearing Body Public Hearing Date: Required Sign Content: PLANNING & DEVELOPMENT SERVICES PLANNING DIVISION PUBLIC NOTICE SIGN CONTENT Wright Professional Plaza Raymond and Deanne Wright Planning and Zoning Commission February 21, 2013 Heading: NOTICE OF PUBLIC HEARING Body: A petition of Wright Professional Plaza for an amendment to the Official Zoning Atlas to change the zoning from AR-1 (Agricultural, Residential - 1) to CO (Commercial, Office) for +1- 4 acre parcel located approximately 1/3 mile north of Midway Road, on the west side of 25t" Street. The meeting is to be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on, on Thursday, February 21, 2013 a@ 6:00 p.m. or as soon thereafter as possible before the Planning and Zoning Commission. Copies of the petition are available at the front desk in the Planning Division, County Administration Building, 2300 Virginia Avenue, Fort Pierce. If you have any questions please call the Planning Division at 772-462-2822. Submit two dated photos of the installed sign to Jeff Johnson, Senior Planner February 7, 2013. Please contact Jeff Johnson, Senior Planner at 772-462-1580 if you have questions. Packet Pg. 274 7.B.1.6 ZONING DISTRICTS 3.01.03 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Guest house subject to the requirements of Section 710.04. (999) b. Solar energy systems, subject to the requirements of Section 7.10.28. E. AR-1 AGRICULTURAL, RESIDENTIAL - 1. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential 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. Family day care homes. (999) b. 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 sponsoring agency or 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. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00, 5. Off -Street Parking Requirements. Off-street parking requirements shall be in accor- dance with Section 7.06.00. 6. Conditional Uses: a. Crop services. (072) b. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) C. Industrial wastewater disposal. (999) d. Kennels - completely enclosed. (0752) C. Landscaping and horticultural services. (078) f. RetaiI: (1) Fruits and vegetables. (543) g. Riding stables. (7999) St. Lucie County Land Development Code Supg. No. 3 3:11 Adopted August 1, 199D Packet Pg. 275 7.B.1.6 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE h. Veterinary services. (074) i. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Agriculture (farms and ranches accessory to single-family detached dwelling). (01/02) b. Animals, subject to the requirements of Section 7.10.03, (999) C. Guest house subject to the requirements of Section 7.10,04. (999) d. Mobile home subject to the requirements of Section 7.10.05. (999) e. Retail and wholesale trade - subordinate to the primary authorized use or activity. f. Solar energy systems, subject to the requirements of Section 7,10.28. F. RE-1 RESIDENTIAL, ESTATE - 1. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum gross density of one (1) dwelling unit per acre, together with such other uses as may be necessary for and compatible with low density residential 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. Family day care homes. (999) b. 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 sponsoring agency or 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. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking Requirements. Off-street parking requirements shall be in accor- dance with Section 7.06.00. 6. Conditional Uses: a. Bed and breakfast residences - Subject to the requirements of Section 7.10,20, (999) St. Lucie County Land Development Code $upp. No. 3 3:12 Adopted August 1 1990 Packet Pg. 276 7.B.1.6 ZONING DISTRICTS 3.01.03 b. Day care - adult. (8322) - child. (8351) C. Postal services. (4311) d. Retail trade: (1) Gasoline services - accessory to retail food stores under SIC-5411. (999) (2) Undistilled alcoholic beverages accessory to retail sale of food. (5921 - Except for liquor) e. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999) b. One dwelling unit contained within the commercial building, for on -site security purposes. (999) C. Solar energy systems, subject to the requirements of Section 7.10.28. R. 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 "( Y 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. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) C. Communications - except towers. (48) d. Computer programming, data processing and other computer related services. (737) e. Contract construction services - office only. (15, 16, 17) f. Duplicating, mailing, commercial art/photography and stenographic services. (733) g. Engineering, accounting, research, management and related services. (87) h. Executive, legislative, and judicial functions. (91, 92, 93, 94, 95, 96, 97) i. Finance, insurance, and real estate services. (60, 61, 62, 63, 64, 65, 67) j. Health services - except nursing homes and hospitals. (80) k. Membership organizations, except religious organizations. (86) St. Lucie County Land Development Code Supp. No. 3 3.23 Adopted August 1, 1990 Packet Pg. 277 7.B.1.6 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 1. Miscellaneous business services: (1) Detective, guard and armored car services. (7381) (2) Security system services. (7382) (3) News syndicate. (7383) (4) Photofinishing laboratories. (7384) a (5) Business services - misc. (7389) CE m. Personnel supply services. (736) n. Social services: 0 (1) Individual and family social services. (832/839) a` t (2) Job training and vocational rehabilitation services. (833) L o. Travel agencies. (4724) M 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section `D M 7.04,00, c N 4. Dimensional Regulations. Dimensional requirements shall be in accordance with LU w Section 7.04.00. W 5. Off' Street Parking and Loading Requirements. Off-street parking and loading require- N ments are subject to Section 7.06.00. N 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09,00. a c 7. Conditional Uses: •0N a. Child care services. (835) T 0 L- b. Television and radio transmitting towers. (999) a r C. Telecommunication towers -subject to the standards of Section 7.10.23. (999) t a� •L 8. Accessory Uses. Accessory use are subject to the requirements of Section 8.00.00 and include the following: E a. Eating'•and drinking places (undistilled alcoholic beverages as an accessory to a m = restaurant). N 06 b. Postal services. (43) a r C. Solar energy systems, subject to the requirements of Section 7,10,28. c E E S. CG COMMERCIAL, GENERAL. t 1. Purpose. The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "( )" following St. Lucie County Land Development Code Supp. No, 3 3:24 Adopted August 1, 1990 Packet Pg. 278 7.B.1.6 Q o -� D o O o 0 0 p 0 0 0 0 o O O O o O O P O o 0 0 0 o O o F P o O 0 O 0 O 0 P 0 P o `� p `-7 P P \ O o P 0 x�❑ d w O N d N b N o N o Cl) 0 CO o ('M Ln M-t O o CO d M'IT 0 d Cl) 0 M a V o CO o M o V a CO o M d V d M d M o LO o I o O o V5 vo M 0 O 0 LO 0 O d M b M � 0 m U C7to S M LO M Ln M Ul) M M M LO M LO M 00 M M M to M .o � M u M a M,") M N M Z w.�� M M I M Lo M to M �=== M- � b 00 U o_ "r b Co 0 Co o Co 0 Co CD O O07 M M M M w W W K O M O M O N O N O N p N 00 N N 'fl O q N q N 'n O 00 N N O q N 0 N O 0 N 0 N O 0 N 0 N 0 N 0 (V 0 N d N V d N d M CO 01101 d M 0 M CDd M N d N - O V N N N N N a p 0 0 0 O O I I o Vn LO �+ 0 (a � u? Lq � u') (n a� U"s o 0 0 0 � d O d o O d 0 0 N N- r r^ r r O r �+ O r O N N N N N N N N z M m O r m - 87 Q1 Q7 .� Q1 Q7 uj Q� Q1 �1 Of (n 0I - 01 CA a] uj o N 0 N 0 N o 'et Uodooq � Co M Cr) M M O Co od N N � Co - r r - r - r - r r - r - r - r - r r - �- - - - ``nn Vf F Z _ W p d u7 O �O u� N (n N u� N (n N LO N to N uj in N U N uj to N Lo N u"1 us N (n N i!1 u� N (n N 117 u� N N N rn N N q 0- g 0 lq b o 0 u] o in in N (n N L a, 2 N N N N N W w 2 Q F O M O M b 0 M 0 M 0 0 0 0 (D 01010 d O 0 0 0 0 0 0 0 M 0 O 0 M 0 M 0 (D 0 (D 0 (D O (D �. O (D pp (D 0 (D 0 (� 0 (D O (D O Co M M M M M (D M M (D M M w M W z �'D � LL Q r J � Q ti x Z a d }} 3 0 In O In O q 0 O (O h 01 h 6 h u7 F. d b �!] h � h b O b h �n h b O W) h LO h O b u7 h to ;` O q 0 h In m F` (n F` O O O O v 0 O 0 LO 0 �� 0 0 il] v O O O O Q r r r i.., r r w N N r r r a- r w CoO CZ aW ~� OJ ❑ �w0 o00600 (DCDo000Q006 o00 0000000000000600 od 0O�oo64D0S000 OggqoQO (Do",ro88� 00 ad O N H l!') (C') O O O g O O Q O q q 0 0 0 p q C 0 0 0 0 0 0 6 (O �O u> Y b b Co M t- UD O O G O O d d C b b O O d 0 0 0 o 0 C 0 0 0 ci M (h CM Co~~ " 0 0 z tfi r r r r r r w r r 06 r r 0 r r� r r N V� V V r N N N N w N_ l� �U U o Q r N N M V u) in UW V N N LO J O 0 0 r O LOO 1n J h J W J r J r J N M ~ � ~ F �_ ~ Q J J J W J_ W .}J w J W W {3 .}J W 0rai d d d d fl Q w N¢ d O� O� Ojai O� O= Z h= �..� z w LL Q LL a LL 2� W w J W w J w 0 O 7 ❑ w w w W w w a p a 7 0 a > 0 d 7 a [� 7 0= m W U F- In CY m (n W Fr w¢ a 0 Q (9 m J t J H J }... F- J (� rniu�0 (w a. N Q XU)EzzZ J w w (n (n (n On 2 J �� } J >] > m wLL= z O is w� J J J L) Z J J V J J J J J J ¢ J ¢ J ¢ a J J J 2 W] Z W 'n V Q¢ Q Q Q ¢ _l a LL a LL¢ LL Q w Q LL V¢ o a a z Z -� Z Z Z Z Z Z z W Z J Z W z .-i Z J (¢-,) LL' 0. FX ¢ F' _¢ R w��� �.1 .�.J ~J Z a N d Z w w w W w w ❑o w 0 z W ❑ (j z w a 0 Z W ❑ z W ❑ (7 zggcn w w H H wopoUU❑ H W�� � ►_� N092920 ainininina) C7Wwwww Co 0) us ro N 6 FA w cn sn w V5 000 ❑❑ 00�C9C9C9w z O w OW a[za�rcxw ww a� w wUUz w zz❑¢¢¢w U za c- �- N N M� i O� - z 0 J 2 x r N l[i V LL of <¢ U a M N R C 0 Q 0 L. a t M tD M O N W w N R N m CL .N N 0 d t a� d N 06 a C t v Cu Q Packet Pg. 279 7.B.1.6 a U XI xl x xl xl XI XI Xi XI XI XI XI XI XI xl XI x[ j X X X 0.' 2 �I a XI �I xl a a xl XI X x x x x x x X X x x x X 0. p a a x X x x x x x x x x x XI X x x x x x X X X x X X X X X K X X XI a XI LL X x x X x x X x x x x x x x x x x - x x x x x x x x x X x x x X x x x X9 X X X - -x X X X x X x X X X X X X XI F X X X X X X X x X XI X X XI X X x 4 2 y x X X X xr J m F _ x x X x xi a U V X X x x X 4 N iC X X X X X X x x X x 0 Z Z C1 X X x X iC x X X X X N i o W a N p � rn X X X x z w 0 U 2 J: x x � a c til x X X X x X x X X X N rc rn ui T a w x X x x x x Of X X X X X X a E U a X x x x X x X X X x X X n� N a F U Q X x X X X x X X x x XI a x X x X X ¢ry X x x x y E o U Z 4 X X X x X X X x x X X £ j O E � r o `n 0 CV lil N ? � S U m p LL ppws I = h U T Q Z gU o�N Z_ 3.1 N ad IL E t C� r r Q Packet Pg. 280 Okeechobee County Packet Pg. 281 7.B.1.6 r� m o zr O w CD o 0 o � N 0 CDR O � d c JORGENSEN,RD. o o' N : ♦ •� ♦ a� CD L- o o a� o a o � LM C C Z CO)(' N 1 �--Lu h ch S-25TH_ST S 25TH ST r N o r� N .� . m c cn a • (n r 0. .2 N 2) C JT O C1 d N oa c� d C E CD w c 3 m N ' N O N Z MAGNOLlAAVE Packet Pg. 282 7B.16 r 1719 -1 Cn (f) 0 o c 3 o m�* 0 -o @^^ =+I 0 l J a) � 0 � r � 3 w cn w w ❑ Q z=cozG)T v aooC)o' n »Q333�w v OD� 3 3 3 n n (D-m cc� a�' ni F5, D o DL L)AaN J ai , IDSD _ D N c O' CL wn a w OO 9 V X v' a 1 cl CD ro 0 3 ro I ta� AAT1`D.ro� ID f1 N N N le.y'j TIC as o-C CD :3 IrIL KSsuw0 ? In In IQ fD 3 0 p mmm`�`ND(D ro � -n -n -i-I w o 333 �3 K ID- - O a A W N a c ao-a c t_�i 47 Ai W pI r� N ,v a a 3 0 i w IRIJ,I CIVJCIVj My � Cfl O 0 r r � y m 1 � 0 I,L,Sj251TH ST S 25THIST n l) O �,} ♦ D � I I 0 ❑ D I N R IL fC C O rn N 0 L- a. t O1 � M r N N N cn N N o N N • N^ a O T V ' 00 O N JT L O � a N � N 0 Packet Pg. 283 7B.16 :Ir NIQ z o n o 0 -0 o rn _r 0 � - ' C rn v �T0rt co. 0 503C) (D-n'3c o C. O. m CD 2 � C) y O :5 a Ch �] C fill CD — p CD (Dm o CL CD_ -n CD (D 6 � o- cn v � Cn U C a w ri E�m RISTE n 0 �Ij F7;�, _Ns Cl) S 25T Co Cn N R IL fC C O N O L- a. aM 3 r"fi r N (n N W p ,✓ N O N N {N N a 7• Cr O 2) C � � T V O N c, Packet Pg. 284 7.B.1.6 Him %0 ! � m �G' a a <; en cp O O CD �{ z h CHRISTENSE[V`RD _r ., �-�. CD '�•h• QC 1 i7 ��� SIN! R - w r Rex,�;_ f N O E. a NSEN;Rj , •• .g: - T.'s � I M CQ� 3 M O� 3 r ly arm' I rr N �O w Q J Z7 0 N p IV _. S•25TH ST . - O Q -- � � S�25TH ST _ .----- - _�==--"'_..._ ".._ . i CO cn >_ ` d sr a+ N ' oa � F �e _0 (D V CL ca � f Q m rn ±: N f nO 4 N Packet Pg. 285 1 7.B.1.6 - 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. stlucieco.or1 lannin 1 lannin .htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Planning Division to schedule an appointment. Submittal Tvve (check each that applies Site Plan Re nip snip s ❑ Major Site Plan Rr� ezoning (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 PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Develo ment ❑ Planned Town or Village (PTV) ❑ {Manned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance z ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home 5 ❑ Developer Agreement (Submit per LDC 11,08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change a ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # a ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements 9 ❑ Appeal of Decision by Administrative Off icial10 Application Supplement Packaaes 1. Conditional Use 5. Class A Mobile Home 9. Waiver to LDC/Comp. Plan 2. Variance 6. Historical Designation/Change Requirements 3. Rezoning 1 Zoning Atlas Amend. 7. LDC Text Amendment 10. Appeal of Decision by 4. Comp. Plan Amendments 8. Re- Submittal Administrative Official 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 DEC 18 2012 Page 1 of 6 Revised June 21, 2010 St, Lucie County Packet Pg. 286 7.B.1.6 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS -- Planning Division Application Type: P�ZzQW--� Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: $ J-d2JU (A) Li CONCURRENCY FEE: ❑ ERD REVIEW FEE: ❑ UTILITIES ❑ PER ACREAGE CHARGE: ❑ RESUBMITTAL FEE: (if applicable) ❑ OTHER SUBTOTAL OF BASIC FEES: M PRE -APPLICATION MEETING FEE: (F) Receipt No. of Payment: Date of Pre App:�. BALANCE OF FEES DUE $ ISO_ .(C) $ so $ (D) $ (E) $emu $( SO ) deduction SEPARATE CHECK FOR TRAFFIC IMPACT STUDY - Ordinance No. 06-047; amending Chapter 5,11.01 of the St. Lucie County Land Development Code ❑ $950.00 - Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 3`d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3`0 party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of payment will be required prior to proj ct approval. Pre -Application Meeting Request o_` VJ6,C11 U14k,"l-C-9 — Applicant Name (Printed Sign ure of applic (For office use oni u I TA - SIGNATURE DATE VERIFIED B - TUF�RE DATE File Number: �/�Receipt Number: Page 2 of 6 Revised August 11, 2011 N R a Ta c 0 as 0 a` aM �L M co CO) 0 N v� w W Packet Pg. 287 7.B.1.6 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. Ail pplications 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 C1"Property Deed Rr"'Legal description, in MS Word format, of subject property ❑ Property Tax Map — property outlined (electronic copy not required) Survey [07 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) C�KConcurrency 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) le Boundary Survey — Signed and Sealed (12 originals) E3"' Topographic Survey — 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 "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 will invalidate the results of any hearing(s). Page 3 of 6 Revised August 11, 2011 Packet Pg. 288 7.B.1.6 Project Information Project Name: t q�IA 1 Site address: Parcel ID Number(s): Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) 0.Yc�1 e_ Sou- �0 �ee--r d sne Noy* �(P,�L Vec--V J Vl,,L Sou��rckS+ 1/9 of 4C NoY�l�e�s� IJy J Vie- NJ014e(-s+ I/� ()� Sec�ic�N Tov.rn00y 36 SOAA,0"3,9. �0 Fcs}, lest Yoad Yj'ghA+ o� wo.-s de C Y)W in �ectsYds aoa k azo , pc-�k' I q U to ail{ o� icic�l �ecv,rds (3ook� �a��e (�5�, Public PecaYds U� St. Lucie eoun} Fluri��• Q1lc� 4 "Il�Q �Jes+ JAIteed J 011L S'�0�e.aSk 1Of J1q a� 4�e NCLY-Cd t ti< o> se f CA--ch'd'n �� rovjnsh%p 3la Sa' -�' t po y)5 _ q0 )=o.S4- JeSS f ,C N(jv -r'ti, 3, (L j-- e * eYe11 .J f' t� 1 (I-t1J i tin 5 o'hd btin to Y+. Luc #- NUVYVE , V1 Crn d Property location — Section/Township/Range: �o S Property size -- acres: 3 ,q S Square footage: i5 OUO Future Land Use Designation: Y Sg Zoning District: Description of project: (Attach additional sheets if necessary) COY+SAvucA C"- J+UC�O ST -kook bot-4rA ) A� w'l n teVjr --Pw;-q Ar2-r Type of construction (check all applicable boxes): al(510mmercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing ❑ Residential No. of residential units: Existing No. of subdivided lots: Existing ❑ Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised August 11, 2011 3,00 o �')Y rA, �� tyl nn" �1 c e-, --�v c 0- j-c Proposed: 510006 e'f Proposed: Proposed: Proposed: Packet Pg. 289 7.B.1.6 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 (PropertV Developer): Agent Information: Business Name: ri C hf I S t P 1 ca2a Business Name: Name: !! Y Name: e Address: Vie- ee-j l e_ �}� Address: o �oe ee 1' (Please use an address that can accept overnight (Please use an address that can accept overnight packages)G packages) Phone: Phone: UJ 'i Fax: Fax: yy Email: -�S e a (k2L C(17►` Email:�Ylq�l�S pYy eSSi 6����1�"Lcti� i�o0,� 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. Propert r Sign Property er Name rinted) Mailing Address: t e �- Phone: ' - G (o If more than one owner, please submit additional " k l e c e- F L 3 �I 4 `{ S pages STATE OF , COUNTY OF Z The foregoing instrument was acknowledged before me this day of 1itVEI#', 20- Page 5 of 6 Revised August 11. 2011 0ure- who is p onally known to or who has produced as identification. Type or Print Name of Notary (Seal) !dlCF1ELLE Se of Florida !��otary Pt,bllc. State of Florida �NIY Cammission� OD950916 cotnin, expires Jan. 10, 2014 N fC IL R c 0 4- 0 a` aM M M 0 N Ch W W Packet Pg. 290 7.B.1.6 Required Document Naming List * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. " Document Document Format Required Name on CD Aerial Photograph PDF Aerial. df AppiHication ,/ PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev. df Bounds / Topographic Survey r/ PDF BoundaryTopo.pdf �] Drainage / Stormwater Plan PDF Drains ePln. df Easements PDF Easements. df Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existin Cond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit External PDF Permit. df Plat PDF Plat. df or Plat.doc Property Deed PDF Deed. df Site Plan PDF SitePlan. df Traffic Impact Report PDF or Word TIR. df or TIR.doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utiliity Plan PDF Utiliity.pdf Vegetation Removal Application PDF Ve etation. df Page 6 of 6 Revised August 11, 2011 Packet Pg. 291 7.B.1.6 Supplement 3 Rezoning/Amendment to the Official Zoning Atlas Application Supplement Refer to St LucieCountyLand Development Code (LDC) Section 11.06.00 for details Current Zoning: A n — � Current Future Land Use: 9s Proposed Zoning: C () Acreage of the area to be rezoned: 3 ,g S c-c►- -J 1. If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County, N M state whether the proposed amendment is in conflict with any portions of the LDC. (L CE c _i+ l'Y-) Cori C- C#,.ny Po, ems of 0 L. a aM L 2. Please give a statement describing any changed conditions that would justify a M rezoning: / `D �}-eerl Me- df-c J RYeeis o c.YosS 4Wen4� �� �� f tree{ have- r I I o UCn �iee� �.e C��ira�Yo-cif a��fYe �n� (�r 7� lnedre�r DTce LU �arcel G dJ ucer� Jo 001 3, � C�CffYeS fn Zed ed Cdh1IY�e!'�r 0Y1 CuYrleV Of +Wen-i� W4"J (Ald Wa`( U cti 3. Please state why there is al1need for the proposed rezoning: �eeffc+ UYde1' -fU �UY)s rYuc 01- tierr�c. 0f ricC 4. Please state whether and how the proposed rezoning is consistent with the St. Lucie County Comprehensive Plan: - -v is c m,Sis }envi-ii � 4 ,9- S�. Lvc,e. c"-1� CffYv��Yc��ef�diVe_ I +a- . V QVer�i nYo�Oerh'el 1n s�l�rwv,�rn� Ure. Zcsne� CGmmerci�� o��cr-. 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; i -Y c c. i c+— d j ck c c n-f a 6L`Y S 1 S 2 UY� e d C C�YYi I� 1 c YG r o� I �� CdY�S �Y�c� c► �rl��� 0 ce- Page 1 of 2 Revised: May 27, 2010 Packet Pg. 292 7.B.1.6 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; 1MPa-Js VVM bL OjdYcj'sj a � Sl�� P1aYir�Ir�� C) Affects the natural environment; (If no adverse impacts expected, please state why.) jo C\Jcyl-Nln� 10 MO-to+o-►r flaktrrc�� enV,irU-0meA Y hoh A-o veep o--s rAc nj AYeeS a5 pos5i6le— D) Will result in an orderly and logical development pattern; — � e-S 1�1 have can eng+nee+ � � he �p wt }'� �r ��eY ��vel yp"n+ JO/M E) Will adversely affect the property values in the area; r — l -�- W I � ( f3ncre-[},e- �YopCY +� VO- IL) O 1>\J '� c.Y S V--`� cN-Y� d �-�- � Y NA e c � Yc�i sec F yJil� c��sti'cY) " aRrac+ty-e bvildtn � blRn� �furrGund�n� roger i�'es 6. Please explain the appXant's interest in the subject property; �ou i e fo CcnS-truLcf a dcrr f'k f p�-c-e. O)q Id 0190r. f y 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. N fC d R C 0 0 a` LM M M r O N Cn w W Please Note: This Rezoning Application Supplement will not be considered complete without the Development Application, complete with notarized signatures of all land owners, giving their consent to the filing of this application and supplement. a 11 Applicant or Agent Name (Printed) Signature Page 2 of 2� �t . MICHELLESKIBIK Revised: May 27, 2010 f j! `. Notary Ptdlo, State of Florida Lii 1 commission# DD950916 ray comm. ex Packet Pg. 293 7.B.1.6 2594 by This Document Prepared By and Return to: Melissa Denison St. Lucie Title Services, Inc. 800 Virginia Ave Suite 47 JOSEPH E.SMITH, CLERK OF THE CIRCUIT COURT Fort Pierce, FL 54982 SAINTLUCIECOUNTY FILE 9 375WD5 99/2612012 at 08:37 Phil OR BOOK 3435 PAGE 199. 199 Doe Type: DEED RECORDkNO:.$10.00 D COC STAMP COLLECTION: S619.0a Parcel IDNuinbert 3405-114-0002-000/6 Warranty Deed This Indenture, Madethis 21st day of September , 2012 A.D.. Between Nicholas Napolitano, a ;;tingle man and Janet Napolitano, a single woman of the County of Palm Beach , State of Florida , grantors, and Raymond D. Wright, Jr, and Deanne Wright, husband and wife wnosa address is: 10607 Pine Needle Drive, Fort Pierce, FL 34945 of the County of St. Lucie , State of Florida. , grantees. WitnesSeth that the GRANTORS, for and in consideration of the sum of ------------------,._-- —TEN DOLLARS ($10)------------------------- DOLLARS, and other good and valuable consldcralion to GRANTORS In Lana paid by GRANTEES, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEES and GRANTEES' news, successors and assigns fotavcr, the following aescrihed land, snuate, lying andbeingin the County of St. Lucie Stataof Florida town Parcel I: The South 150 feet of the North 356.2 feet of the Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 5, Township 36 South, Range 40 East, less road right of way as described in Official Records Book 230, page 1406 and Official Records Book 625, page 1756, Public Records of St, Lucie County, Florida. and Parcel II: The West 283.18 feet of the Southeast 1/4 of the Northeast 1/4 of the Northeast .1/4 of Section 5, Township 36 South, Range 40 East, less the North 356.2 feet thereof. All land lying and being in St. Lucie County, Florida. and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claim$ of all persons whomsoever In Witness Whereof, the grantors Irave hereunto set their hands and seals the day and year first above written. Signed, S sled anred In our presence: Printed Name:��C Witne s Printed Name: Witness STATE OF Florida COUNTY OF St. Lucie (Seal) Nicho as Napo tano PO.Ad s: (Seal) J et Napolitano P . Addrus: Tha foregoing m61rument was acknowledgcd before ma this 21st aay of September , 2012 Nicholas Napolitano, a single man and _Janet Napolitano, a single woman who are personally known w me or who have produced their lorida dri V6 r 8 li CenBe as Ide tiFiecatlon. y!i'" MELi59A0! NiSQN Printed Name: ': :. Commisslon#EE1361 Notary Public ' Explree Docem* 2. 2015 My COtamlarrOR Expires: ,6,3:,, Bcwalm,7rorra5iwrixrat0413$5: i, n ve 6y O shot.$ Svuem., me, 3n3 r963) 763-5535 Fonn FPOA Packet Pg. 294 7.B.1.6 d l l fd�95sdaa6t „t�za•=aaat�,9P.;ii€.....c•,.�.;::p&�€^sF{gn;:r:t•�E�€a� ..B �:,� e9f"^ M-f943,.5£.90.00S � 'ryy yy el € ,66'O LEZZMAON w 9a � ern �� �N➢�H��mnY111 z D�.ro zP P.o �o mom Dm G) nop _ fmxe m'n102Z 9-'+ n n pwm� my_mm2 oxo°1n cb�c�r 9N0 -av _ m mz�N m 7o°g m'o _$zmwz�N mNz�yAOy �u'm muD.i� n ��� SA Z. 6 ahgem poOw -°n� �•� �1 vy�O _I an LLm y9'um om° KDO azzwrri S �s" m�a� Z min in m€@°n °aimmgw°m �w�gi�p y�px 9Nx f-n ras mom m+A�m Pi A m�0 OOnA i x�ec3 6tmme�"sn, N OTC F cin A�35 _ xio QQ F Fu 9y.zo �°vqm 8 ���RQ �� ag# INi1Z 'iNT��en f.; 6F H �R _' ,x•^•m S i� z' a? z-. 08 �� cCDiz-� nmo� mamma 8 $$°iO pia USH N p.A. ei ° RXy otmtnnp O mi Aso o� z gni 5 ,n� G sar"€° g _R m cm d „ AIR ikr ,,,} ° i W N Bill r I x5T16TREEr .` 4 m,� ab sm steer ; 6 Packet Pg. 295 7.B.2 ITEM NO. ORD-2013-17 COUNTY ` 1. ' A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton Wilson, Senior Planner SUBMITTED BY: Planning Division DATE: 04/02/2013 *PUBLIC HEARINGS SUBJECT: Large-scale Future Land Use Map Amendment (FLUMA) to Residential Estate (RE) BACKGROUND: This is the transmittal hearing for a County -initiated amendment to the Future Land Use Map for portions of five privately owned contiguous parcels totaling 14.61 acres (M.0.L.) from R/C (Residential/Conservation) to RE (Residential Estate) and from Conservation Public (CPUB) to RE (Residential Estate) Future Land Use designations consistent with the original designations of the property prior to an apparent scrivener's error. This item will be processed with a concurrent amendment to the Official Zoning Atlas during the adoption hearing. The subject properties front on Tozour Road and North US Highway 1 and are owned by the Hearns, Headals, Coletti and Marcello. In discussion with the property owner, it appears the properties were mistakenly changed due to a scrivener's error. Staff researched the property owner's assertion and determined that the properties were likely changed when the hand drawn maps were electronically digitized in the early 1990's. To return the properties back to the original zoning classification of AR-1 (Agricultural, Residential - 1 du/acre) a Future Land Use Map Amendment (FLUMA) to RE (Residential Estate) is required for the zoning to be consistent with its Future Land Use designation. The original Future Land Use designation prior to 1990 was CH (Commercial Highway), which is no longer an adopted Future Land Use designation within the County's Comprehensive Plan. Analysis Summary: Staff's analysis indicates that the proposed amendment is consistent with the St. Lucie County Comprehensive Plan and the Land Development Code. The amendment is being proposed to correct a scrivener's error that occurred during the mapping process back in 1990. PREVIOUS ACTION: February 21, 2013 - The Planning and Zoning Commission unanimously recommended approval. FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval to transmit the Ordinance to the State Department of Economic Opportunity for review and comment. Packet Pg. 296 7.B.2 COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District 5 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. outlaw, MPA 4/8/2013 County Administrator, ICMA-CM Coordination/Signatures M rk terl e, P a, ping & D v 1 irecta 3/20/2013 ianiqf 2S.M"cIntyre,/Couy Attorney 3/20/2013 Updated: 3/20/2013 2:32 PM by Leslie Olson Page 2 Packet Pg. 297 ITEM NO. 7.B.2.a III-C GLINT a R I D A AGENDA REQUEST DATE: REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT 02/21 /13 N N TO: PLANNING AND ZONING COMMISSION PRESENTED BY: Britton Wilson SUBMITTED BY: Planning and Development Services Senior Plann� Department — Planning Division SUBJECT: Ordinance 13-008 — Large-scale Future Land Use Map Amendment (FLUMA) to Residential Estate BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that Ordinance 13-008 be forwarded to the Board of County Commissioners with a recommendation for approval. COORDINATION/SIGNATURES County Attorney (X) Daniel S. McIntyre County Engineer ( ) Michael Powley Originating Dept. ( X ) Mark Satterlee County Surveyor ( ) Ron Harris ERD (X) Karen Smith M r Packet Pg. 298 7.B.2.a Planning and Development Services Department Planning Division MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director —e— FROM: Britton Wilson, Senior Planner1UGr DATE: February 21, 2013 SUBJECT: Ordinance 13-008 — Large-scale Future Land Use Map Amendment (FLUMA) to Residential Estate ITEM NO. III-C This is a County initiated amendment to the Future Land Use Map for portions of five privately owned contiguous parcels totaling 14.61 acres (M.O.L.) from R/C (Residential/Conservation) to RE (Residential Estate) and from Conservation Public (CPUB) to RE (Residential Estate) Future Land Use designations consistent with the original designations of the property prior to an apparent scrivener's error. This item is being processed with a concurrent amendment to the Official Zoning Atlas, Item III-D. BACKGROUND: The subject properties front on Tozour Road and N US Highway 1 and are owned by the Hearns, Headals, Coletti and Marcello. In discussion with the property owner, it appears the properties were mistakenly changed due to a scrivener's error. Staff researched the property owner's assertion and determined that the properties were likely changed when the hand drawn maps were electronically digitized in the early 1990's. To return the properties back to the original zoning classification of AR-1 (Agricultural, Residential — 1 du/acre) a Future Land Use Map Amendment (FLUMA) to RE (Residential Estate) is required for the zoning to be consistent with its Future Land Use designation. The original Future Land Use designation prior to 1990 was CH (Commercial Highway), which is no longer an adopted Future Land Use designation within the County's Comprehensive Plan. The existing uses on the portion of the properties proposed for a FLUMA are all vacant except for one residential single-family rental home located on the Hearn property. Below is a table outlining the history of the Future Land Use and zoning designations of the subject parcels as well as proposed designations. M r Packet Pg. 299 7.B.2.a Planning and Zoning Commission Ordinance 13-008 FLUMA February 21, 2013 Page 2 Future Land Use 1984 - 1990 1991 - present Proposed Hedal CH (Highway Commercial CPUB (Conservation — Public) RE (Residential Estate) Hearn CH (Highway Commercial) R/C (Residential/Conservation) RE (Residential Estate) Coletti/ Marcello CH (Highway Commercial) R/C (Residential/Conservation) RE (Residential Estate) Zoning Prior to 1984 1984 — 1990 1991 - present Proposed Hedal A-1 AR-1 I (Institutional) AR-1 (Agricultural (Agricultural) (Agricultural — Residential -1 du/acre) Residential) Hearn A-1 AR-1 AG-5 AR-1 (Agricultural (Agricultural) (Agricultural — (Agricultural — Residential -1 du/acre) Residential) 1 du/5 acres) Coletti/ A-1 AR-1 AG-5 AR-1 (Agricultural Marcello (Agricultural) (Agricultural — (Agricultural — Residential -1 du/acre) Residential) 1 du/5 acres) Proposed Future Land Use designations: The proposed Future Land Use designation for the subject properties is RE (Residential Estate — 1 du/acre). The Residential Estate designation is intended for large lot single-family detached residential dwellings with an allowed density of up to one dwelling unit per acre. Compliance with the Comprehensive Plan: r The proposed amendment to the Future Land Use Map is not in conflict with any portion of the N St. Lucie County Comprehensive Plan. The subject parcels are located within the Urban N Services Boundary and the proposed FLUMA does not contribute to urban sprawl as defined a by Florida Statues, Chapter 163.3177(6)(a). J a_ The proposed change to RE meet Policy 1.1.5.3 requiring the subject property to be within a quarter mile of the same or greater type of land use classification. The eastern portion of the = Coletti/Marcello parcels both have a Future Land Use designation of Residential Urban (RU), v which allows up to five dwelling units per acre. Compliance with State Statutes: The proposed amendment to the Future Land Use Map is 14.61 acres in size. Amendments larger than 10 acres are considered large-scale amendments and are subject to review by the State Department of Economic Opportunity (DEO). This large-scale amendment is not anticipated to have impacts to important state resources. Public Infrastructure Impacts: The RE designation is intended for large lot, single-family detached residential dwellings, at a density of one unit per gross acre. These areas are not required to be served with central water and wastewater utilities. Packet Pg. 300 7.B.2.a Planning and Zoning Commission Ordinance 13-008 FLUMA February 21, 2013 Page 3 Public Notice: Per Section 11.00.03 of the Land Development Code (LDC), a sign is required to be posted on properties for zoning or Future Land Use amendments. However, this posting of notice is not required by Florida Statutes, and according to the County's LDC, the lack of posting a sign notice does not invalidate the amendment process. The property owners have expressed that they did not wish to have a sign notice placed on their property and therefore no sign notice of the public hearing is in place. Mail notices to residents within 500 feet of the subject property were not sent out and are not required for County -initiated projects over 10 acres in size. Advertisement for amendments to the Future Land Use Map and the Official Zoning Atlas were posted in the St. Lucie News Tribune on February 7, 2013. Analysis Summary: Staff's analysis indicates that the proposed amendments are consistent with the St. Lucie County Comprehensive Plan and the Land Development Code. The amendments are being proposed to correct a scrivener's error that occurred during the mapping process back in 1990. RECOMMENDATION: Staff recommends that Ordinance 13-008 be forwarded to the Board of County Commissioners with a recommendation for approval. M r Packet Pg. 301 7.B.2.a Planning and Zoning Commission Ordinance 13-008 FLUMA February 21, 2013 Page 4 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE PROPOSED ORDINANCE 13-008 FOR AN AMENDMENT TO THE FUTURE LAND USE MAP FOR A PORTION OF FIVE PRIVATELY OWNED PARCELS TO THE RE (RESIDENTIAL ESTATE — 1 DU/ACRE) LAND USE DESIGNATION BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF PROPOSED ORDINANCE 13-008 FOR AN AMENDMENT TO THE FUTURE LAND USE MAP FOR A PORTION OF FIVE PRIVATELY OWNED PARCELS TO THE RE (RESIDENTIAL ESTATE — 1 DU/ACRE) LAND USE DESIGNATION BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] M r Packet Pg. 302 7.B.2.a 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 NO. 13-008 FILE NO.: FLUMA - 820124530 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR A PORTION OF FIVE PARCELS OF LAND OWNED BY HEARN, HEDAL AND COLETTI/MARCELLO FROM R/C TO RE AND FROM CPUB TO COM; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. 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: St. Lucie County has initiated an amendment to the Future Land Use Map for a portion of five privately owned parcels totaling 14.61 acres (M.O.L.) from R/C (Residential/Conservation) to RE (Residential Estate — 1 du/acre) and from Conservation Public (CPUB) to RE (Residential Estate — 1 du/acre) Future Land Use designation consistent with the original designations of the property prior to the 1990 scrivener's error and Chapter 163, Florida Statutes; and 2. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statutes, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County; and 3. On February 21, 2013, the St. Lucie County Planning and Zoning Commission/Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune, and recommended to the Board of County Commissioners that the petition for Future Land Use Map Amendments be approved/denied; and 4. On , 2013 the Board of County Commissioners of St. Lucie County, Florida held the first of two required public hearing, of which due notice was placed in the St. Lucie News Tribune and approved/denied transmittal to the Department of Economic Opportunity; and 5. On , 2013, the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie News Tribune, and deemed the adoption of the amendments to the Comprehensive Plan to be/not to be in the best interests of the citizens and residents of the County. M r Packet Pg. 303 7.B.2.a Ordinance No. 13-008 File No.: FLUMA-820124530 Page 2 1 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie 2 County, Florida: 3 4 A. AMENDMENT TO FUTURE LAND USE DESIGNATION 5 6 The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for 7 the property described in Exhibit "A," attached hereto, containing a portion of five parcels 8 totaling 14.61 acres of private property owned by Hearn, Hedal, and Coletti/Marcello from R/C 9 (Residential/Conservation) to RE (Residential Estate — 1 du/acre) and from Conservation 10 Public (CPUB) to RE (Residential Estate — 1 du/acre) Future Land Use designation. 11 12 B. FINDING OF CONSISTENCY 13 14 The Board of County Commissioners of St. Lucie County, Florida, specifically determines that 15 the approval of this amendment to the adopted Comprehensive Plan Future Land Use 16 Element is internally consistent with the goals, objectives and policies contained in the St. 17 Lucie County Comprehensive Plan and provides for the recognition that impacts of this 18 approval on the public facilities of St. Lucie County will not occur until such time as a Final 19 Development Order for development on this property is issued. 20 21 C. CHANGE TO FUTURE LAND USE MAP 22 23 The St. Lucie County Planning and Development Services Director is hereby authorized and 24 directed to cause this change to be made in the Future Land Use Map of the Future Land Use 25 Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the 26 date of adoption of this Ordinance. 27 28 D. CONFLICTING PROVISIONS 29 30 Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie 31 County, County Ordinances and County Resolutions, or parts thereof, in conflict with this 32 Ordinance are hereby superseded by this Ordinance to the extent of such conflict. 33 34 E. SEVERABILITY 35 36 If any portion of this Ordinance is for any reason held or declared to be unconstitutional, 37 inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If 38 this Ordinance or any provisions thereof shall be held to be inapplicable to any person, 39 property, or circumstances, such holding shall not affect its applicability to any other person, 40 property or circumstance. 41 42 F. APPLICABILITY OF ORDINANCE 43 44 This Ordinance shall be applicable as stated in Paragraphs A, B and C. 45 46 G. FILING WITH THE DEPARTMENT OF STATE 47 48 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau 49 of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 50 M r Packet Pg. 304 7.B.2.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 47 Ordinance No. 13-008 File No.: FLUMA-820124530 Page 3 H. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY The Planning and Development Services Director shall send a certified copy of this Ordinance to the Department of Economic Opportunity Bureau of Community Planning Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, FL 32399. EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. J. ADOPTION After motion and second, the vote on this Ordinance was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this _day of ATTEST Deputy Clerk .2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA .90 Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney M r Packet Pg. 305 7.B.2.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 Ordinance No. 13-008 File No.: FLUMA-820124530 Page 4 Exhibit "A" Legal Description & Land Use Map Hearn and Colletti/Marcello Legal Description: A PARCEL OF LAND LYING WITHIN SECTION 17, T-34-S, R-40-E, ST. LUCIE COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SW CORNER OF THE NE '/4 OF THE NW '/4 OF SECTION 17, T-34-S, R-40- E, THENCE NORTH ALONG THE WEST LINE OF THE NE '/4 OF THE NW '/4 A DISTANCE OF 1005.22 FEET TO THE NW CORNER OF THE S '/2 OF THE N 1/2 OF THE NE '/4 OF THE NW '/4, THENCE EAST ALONG THE NORTH LINE OF THE S '/2 OF THE N '/2 OF THE NE '/4 OF THE NW '/4 TO A POINT ON A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1665.38 FEET; SAID POINT ALSO BEING 200 FEET WEST (AS MEASURED RADIALLY) OF THE WEST R/W LINE OF OLD STATE ROAD NO. 4; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND PARALLEL WITH THE WEST R/W LINE OF OLD STATE ROAD NO. 4 TO THE POINT OF INTERSECTION WITH A LINE LOCATED 219.82 FEET WEST (AS MEASURED PARALLEL TO THE SOUTH LINE OF THE NE '/4 OF THE NW '/4 OF SECTION 17) OF THE WEST R/W LINE OF U.S. HIGHWAY NO. 1; THENCE SOUTHEASTERLY AND PARALLEL TO SAID WEST R/W LINE TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NE '/4 OF THE NW '/4 OF SECTION 17, T- 34-S, R-40-E; THENCE WEST ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. Hedal Legal Description: A PARCEL OF LAND LYING WITHIN SECTION 17, T-34-S, R-40-E, ST LUCIE COUNTY, FLORIDA SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST '/4 OF THE NORTHWEST '/4 OF SECTION 17, T-34-S, R-40-E, RUN WESTERLY ALONG THE NORTH LINE OF THE SOUTHEAST'/4 OF THE NORTHWEST '/4 OF SAID SECTION A DISTANCE OF 349.82 FEET, SAID POINT BEING 219.82 WEST OF THE WESTERLY RIGHT-OF-WAY OF STATE ROAD #5 FOR THE POINT OF BEGINNING; THENCE RUN SOUTH 24°23'33" EAST A DISTANCE OF 164.58 FEET; THENCE SOUTH 90°00'00" WEST A DISTANCE OF 300 FEET; THENCE SOUTH 00°06'56" WEST A DISTANCE OF 389.99 FEET; THENCE SOUTH 65020'24" WEST A DISTANCE OF 249 FEET, MORE OR LESS, TO A POINT ON THE EAST EDGE OF THE SAVANNAS; THENCE RUN NORTHERLY, FOLLOWING THE MEANDER OF THE SAVANNAS TO A POINT ON THE ABOVE DESCRIBED NORTH LINE OF THE SOUTHEAST'/4 OF THE NORTHWEST '/4 OF SAID SECTION 17; THENCE RUN EASTERLY ALONG SAID NORTH LINE OF THE SOUTHEAST'/4 OF THE NORTHWEST'/4 A DISTANCE OF 348 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Portions of parcels: 1417-212-0002-000-8, 1417-212-0003-000-5, 1417-213-0000-000-7, 1417-214-0003-000-1, 1417-241-0001-000-1 M r Packet Pg. 306 1 St. Lucie County for Hearn, Hedal & Coletti/Marcello o• oM RU 7.B.2.a Ordinance No. 13-008 File No.: FLUMA-820124530 Page 5 Future Land Use SD Y COM o CPUB RU com 8 '� CPUB s CPUB R/C to RE T fi cone �p Rs CPUB 1c Z .qE G1P s 9y CPUB COM CPUB COM ® RIC to RE COM - Commercial RS - Residential Suburban (2 dulac) IN CPUB - Conservation Public RU - Residential Urban (5 dulac) 1 n 0 CPUB to RE RIC - ResidentiallConservation (1 clW5 ac) SD - Special District .N1 RE - Residential Estate (1 dulac) Map prepared January 9, 2013 M Packet Pg. 307 fn n�&n Ai C� ry ant IV/Marcello aer 10, 2012 Uwrvi Coumx Attachment: P&Z III-C Hearn FLUMA 2.21.13 (ORD-2013-17 : Large-scale Future Land Use Map Amendment to RE) I I ;JI TV 1 ;F i k rgvl - Lu I 111 iQ I LjmI rt - � eaIuaI � ILIOj uL uiC = i i %L uvrQL EEL fJf I Lr L L CPUB-COnservefion PuWis FEU - RasEdentiaUrban (5 dulac) � U PJC - 1=2ewdentiallConserva#ion (1 du15 ac) D - Special District RE - Residential Eslale 0 dw'ac) M$p prepr$d Januaq 9, 2013 Attachment: P&Z III-C Hearn FLUMA 2.21.13 (ORD-2013-17 : Large-scale Future Land Use Map Amendment to RE) t. Lucie County for zorling Hearn, Hedal & Coletti/Marcello !J 5 k45 F 5 ti PUB PUB L C Pij '� P V B AO-5 - AtiiciAlvai (I duly ac) I - lnsttutanaE AG-5 t0 AR -I ARA -AgricuY uraI Residential (1 dulac) PJC - Res�dentiatlConservation (1 dul5 ac) C-Commercial General K-2 - Residential Single Family (2 dulac) to AR_I CPUE - Conservation Public PMUD- Planned Mixed Use Development Map prepared Januaq 9, 2015 Attachment: P&Z III-C Hearn FLUMA 2.21.13 (ORD-2013-17 : Large-scale Future Land Use Map Amendment to RE) 7.B.2.a 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): Accent Information: Business Na e: '414 Business Name: Name: y'rI T �Cr Name: Address: 5-/ ZOvr' Address: (Please use an address that can accept overnight (Please use dress that can accept overnight packages) t4 packages) Phone: ��/— �s�?-�o Phone: Fax: 91f, Fax: Email: Email: 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. /7•Trc Property Owner Signature Property Owner Name (P nted) Mailing Address: Phone: , to If more than one owner, please submit additional r� (/l e,�w . GG� �3 �ig�% pages STATE OF r/04/ to >g , COUNTY OF S ) Luc The foregoing instrument was acknowledged before me this "l M day of ����� 20 1 � by / I�> /r� J-��� who is personally known to me or who has produced %vrr�f as identification. gnatur of Notary b� y U i S Type or Print Name of Notary Commksftir*W@� (Seal) .roe'" Bey% DOROTHY M. DAVIS • + �= Notary M Y Public - State of Florida `P Expires 2014 Y Comm. Mar 4, �. Fti�P`�`� Commission # Page 5 of 6 "'���"" Bonded Through DO 967893 Revised August 11, 2011 9 Nations! Nc'ary Assn. M r Packet Pg. 311 7.B.2.a 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: /V/" Business Name: NA Name: 14�91V6- 1716VA _ Name: Address: N. Address: fir` Pie rGe,� /=L 3gf9q 6 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone:._ �7r� '" (a5^-ib ? �L Phone: Fax: n 0kl-p- Fax: Email: -r,LOl- Cet" Email: Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Informationcu This application and any application supplement will not be considered complete without the notarized J 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 A applicant or agent to act on behalf of said property owner. Co 0 �& AZOVlV� 118VIR— 0 O Property Owner Sign ture Property Owner Name (Printed) M Mailing Address: *,z 7 A/. f s Phone: . '7-7,-', - L�h-5- - 7 617;�-- If more than one owner, please submit additional ccli pages a t STATE OF T'I(-)Y-lC 0 , COUNTY OF , 1M. hir IK-, The foregoing instrument was acknowledged before me this day of , 20 1 by Noc Lic [c'.,1 who is personally known to me or who has produced T)l identification. Signature of Notary Type or Print Name of Notary �� ICE ff __ Commission Number (Seal) Page 5 of 6 Revised November 27, 2012 . WMAINA Now > - (i1M M PAM • Y7 Comm. Expoes not is, 2018 CammiSBion 0 EE $50781 "1pill It:lionit Natty Aug. Packet Pg. 312 7.B.2.a 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 Pro ert . Developer): Agent Information: Business Name: 0 n- i-'e r Business Name:_ Name: e6t+ �'v�arcr J G Name: Address:` So Cow 2 , { 11 Address: % 0 2F-y � (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: -7 7 -3 9- ( -3 6 6 Phone: Fax: �ff o -2-r7s 5 S-6 Fax: Email: K-++��e5 �. �� (<<ou k-� Email: 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 applicati for appr I. The property owner's signature below shall also serve as authorization for the above applic r agen ct on behalf of said property owner. L, r+— Propertk9wrier Signature Property Owner Name (Printed) Mailing Address: � 7 To t�� , �-�,�� _ Phone: -77Z -3-2-t 366 If more than one owner, please submit additional pages STATE OF , COUNTY OF The foregoing instrument was acknowledged before me this day of QL L/36� , 20 by 66 �_ ��A k �G�//PJ who is personally known to me or who has produced as identification. �fA'-/I/ Commission Number (Seal) Page 5 of 6 Revised August 11, 2011 ype or Pnnt Name ot rqotary t ` CO) r Packet Pg. 313 ST. LUCIE COUNTY PLANNING AN ZONING COMMISSION/LOCAL PLANNING PUBLIC HEARING AGENDA February 21, 2013 NOTICE OF PROPOSED PETITION FOR A LARGE-SCALE AMENDI TO THE FUTURE LAND USE MAP OF THE ST. LUCIE COI COMPREHENSIVE PLAN FROM RESIDENTIAL/CONSERVATION TO RESIDENTIAL ESTATE (RE) AND FROM CONSERVATION PUBLIC (C TO RESIDENTIAL ESTATE (RE) AND A CONCURRENT PETITIOI AMEND THE OFFICIAL ZONING ATLAS OF ST. LUCIE COUNTY F AGRICULTURAL-5 (AG-5) TO AGRICULTURAL RESIDENTIAL-1 (AR-1) FROM INSTITUTIONAL (1) TO AGRICULTURAL RESIDENTIAL-1 (AR-1) A separate public hearing for the two proposed petitions will be held before the PIS and Zoning Commission/Local Planning Agency on February 21, at 6:00 P.M soon thereafter as the items may be heard, in the County Commission Char 3rd Floor of the St. Lucie County Administration Annex, 2300 Virginia A, Fort Pierce, Florida. The purpose of these public hearings is to consider the fol Comprehensive Plan Future Land Use Map Amendment and concurrent petit amend the Official Zoning Atlas. ORDINANCE NO. 13-008 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONER ST. LUCIECOUNTY, FLORIDA,TOAMENDTHEADOPTED COMPREHEP PLAN FUTURE LAND USE MAP FOR A PORTION OF FIVE PARCEL LAND OWNED BY HEARN, HEDAL AND COLETTUMARCELLO FROR TO RE AND FROM CPUB TO RE; PROVIDING FINDINGS; PROVI FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERAB PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, PROVI FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. RESOLUTION NO. 13-003 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIO OF ST. LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS A PORTION OF FIVE PARCELS OF LAND OWNED BY HEARN, HEDAL COLETTI/MARCELLOFROMAG-5(AGRICULTURALRESIDENTIAL-1 DU/5A( TO AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) AND FR (INSTITUTIONAL) TO AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/) ZONING DISTRICTS. Petition Applicant: St. Lucie County Board of County Commissioners I Petition File Number: FLUMA 820124530 and RZ 820124531 Location: The intersection of N US Highway 1 and Tozour Road just nc Indrio Road (see map below). Purpose: This is a County -initiated amendment to the Future Land Us( with a concurrent rezoning for portions of five privately owned parcels to 14.61 acres. In approximately 1990 the County changed the Future Use and zoning designations of County -owned parcels located adj to the subject property and erroneously included portions of the adj parcels. The purpose of both amendments is to correct the 1990 scriv( error and revert the property back to its original Future Land Use and z designations. N A Indian River U) 03 P� �F G Subject Indrio Rd Properties 2 � U) O c �} Y �7 8r Lu J. Cn..ry i Irsiernatlone! Airport St Lucie Blvd All interested persons will be given an opportunity to be t Written comments received in advance of the public hearinc also be considered. Written comments to the Planning and Z Commission should be received by the Planning and Develor Services Department - Planning Division at least 3 days prior ti scheduled hearing. The petition file is available for review at the Plannin Development Services Department - Planning Offices locate 230OVirginiaAvenue,2nd Floor, Fort Pierce, Florida, during regularbusiness[ Please call (772) 462-2822 or TDD (772) 462-1428 if you have any que! or require additional information about this petition. The St. Lucie County Planning and Zoning Commission hasthe powerto r and recommend to the St. Lucie County Board of County Commissions approval or disapproval, any applications within their area of responsib The proceedings of the Planning and Zoning Commission are electror recorded. PURSUANT TO SECTION 286.0105. FLORIDA STATUTE! person decides to appeal any decision made by the Planning and Z Commission with respect to any matter considered at a meeting or he he or she will need a record of the proceedings. For such purpose, he c may need to ensure that a verbatim record of the proceedings is made, record includes the testimony and evidence upon which the appeal is based. Upon the request of any party to the proceeding, individuals test during a hearing will be sworn in. Any party to the proceeding will be gr an opportunity to cross-examine any individual testifying during a hE upon request. If it becomes necessary, a public hearing may be contim a date certain Anyone with a disability requiring accommodation to attend this mE should contact the St. Lucie County Risk Manager at least forty (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1z PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/BRITT REYNOLDS, CHAIRMAN PUBLISH DATE: February 6, 2013 Packet Pg. 314 7.B.2.b fi_ RES. r_ !CLASSIFICATION'' N s CHANGE a { 86-287 RS-2 to CG 1.�2 88-366 RS-2 to CG 3 90-4 CG to RS-2 a RZ- 69- 040 jil� smug jqffix-symom f�s x AE .. �t - -, z 'tee $ - '=_ Of J UNE, 84, . 7.B.2.c 1 St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, 3rd Floor 4 February 21, 2013 Meeting 5 6:00 p.m. 6 In the event of a conflict between these written minutes and a compact disc recording, the compact disc shall control. 7 8 The St. Lucie County Planning and Zoning meeting for February 21, 2013 was relocated to Conference Room 9 3, due to construction taking place in the Commission Chambers. Because the meeting was relocated to 10 Conference Room 3, it was not televised on SLCTV (Comcast 21 / U-Verse 99) or available for streaming 11 online. However, audio of the meeting was recorded and available via public records request. 12 13 I. CALL TO ORDER 14 Chairman Reynolds called the meeting to order at 6:00 p.m. 15 A. Pledge of Allegiance 16 17 B. Roll Call 18 Britt Reynolds........................................Chair 19 Cathy Townsend .......................................... Vice Chair 20 William O'Dell ............................................... Commission Member 21 Charles Grande ............................................ Commission Member 22 Craig Mundt ........................................Commission Member 23 Stephanie Morgan ........................................ Commission Member 24 Daniel Regis ................................................. Commission Member (late) Members Absent Edward Lounds............................................ Commission Member (excused absence) Brad Culverhouse........................................ Commission Member Marty Sanders .............................................. Ex-Officio Member (excused absence) Staff Present Mark Satterlee.............................................. Director of Planning & Development Services Leslie Olson ................................................. Planning Manager Heather Young ............................................. Assistant County Attorney Katherine Barbieri ........................................ Assistant County Attorney Britton DeWitt ............................................... Senior Planner Jeff Johnson ................................................. Senior Planner Beverly Austin .............................................. Recording Secretary C. Announcements Mr. Satterlee introduced the new Assistant County Administrator, Robert Bentkofsky and new Planning & Development Services Planning Manager, Leslie Olson. D. Disclosure None Minutes Review of the minutes from the January 17, 2013 meeting for approval. Chairman Reynolds asked if there were any additions or corrections. Mr. Satterlee explained the unusual length of these minutes (18 pages). Mr. Mundt moved to approve the minutes. Mr. Grande seconded. The motion carried. Packet Pg. 316 7.B.2.c DRAFT Page 2 of 6 57 III. PUBLIC HEARINGS 58 A. Wright Professional Plaza: RZ-1220124581 59 A petition of Wright Professional Plaza for an amendment to the Official Zoning Atlas for 60 a =/- 4 acre parcel located approximately 1/3 mile north of Midway Road, on the west side 61 of 25th Street from the AR-1 (Agricultural, Residential -1) to CO (Commercial, Office). 62 Staff comment and presentation by Jeffery Johnson, Senior Planner. 63 64 Jeff Johnson, senior planner stated the Planning and Development Services Department, Planning 65 Division received a petition on December 18, 2012 from Wright Professional Plaza to amend the Official 66 Zoning Atlas from the current AR-1 (Agricultural, Residential — 1) District to the CO (Commercial, Office) 67 District. The subject vacant property is 4 acres in size and is located approximately 1/3 mile north of 68 Midway Road, on the west side of 251h Street. The property is designated RS (Residential Suburban — 2 69 du/acre) on the Future Land Use Map. The applicant held a neighborhood meeting on January 31, 2013. 70 This informational meeting was attended by four area property owners to have their comments and 71 questions addressed by the applicant on their plans to re -zone the property and construct a medical office 72 facility. Approval of the requested zoning will be consistent with adjacent medical and chiropractic office 73 uses that lie to the west across 25th Street. Furthermore, the subject property is in close proximity of the 74 Midway Road/25th Street intersection where all four corners have a commercial zoning. 75 76 The intended use for this rezoning is not expected to create significant additional demands on any public 77 facilities. Site development approval for the project will require a concurrency test to insure that any 78 additional demands on public facilities in this area are met or mitigated accordingly. Availability of water, 79 sewer, and other public facilities must also be confirmed prior to development approval. The proposed 80 amendment is not anticipated to create significant impacts on the natural environment. As part of the 81 next step in the development process, the applicant would be required to assess existing environmental 82 conditions on the subject property and comply with St. Lucie County Land Development Code and St. 83 Lucie County Comprehensive Plan requirements. This proposed change in zoning will result in an orderly 84 and logical development pattern of the general area. The conversion of lands adjacent to 25th Street is a 85 reflection of changing values in the area. Medical office facilities such as the White City Medical Office 86 Park and a chiropractic office currently exist in close proximity to the north, on the east side of 25th Street. 87 The subject property also abuts a vacant 35-acre commercial general zoned parcel to the south. Staff is 88 requesting the Commission to forward a recommendation of approval to the Board of County 89 Commissioners for Resolution No. 13-001 approving and Amendment to the Official Zoning Atlas from 90 AR-1 (Agricultural, Residential -1) to CO (Commercial, Office). 91 92 Chairman Reynolds asked if there were questions for staff 93 Mr. Mundt and Mr. Grande asked about comments from the neighborhood meeting of Jan. 31; was there 94 any feedback from neighbors and any written comments. Also if the owners of two residential properties 95 that abut the petitioned property attended the meeting. 96 97 Mr. Johnson stated there were no objections; more informational and both owners did attend. 98 99 The applicant, Dale Wright stated the owners' concern was the back three acres in which they have no 00 intention of dealing with currently. Mr. Johnson's presentation covered all the issues. He stated he told 01 the neighbors that it was going to be a medical office; less invasive and built structurally like homes. 02 When that was explained, they were fine with it. There will be a chain -linked fence and a landscaped 03 buffer on the property. 04 05 Mr. Satterlee stated when the site plan is presented; the buffer issue will be addressed. 06 07 Chairman Reynolds opened the public hearing 08 There was no one. 09 Chairman Reynolds closed the public hearing Planning and Zoning Commission February 21, 2013 Minutes Packet Pg. 317 7.B.2.c DRAFT Page 3 of 6 111 Chairman Reynolds asked the Board if there was any discussion. 112 There was none. 113 114 Mr. Grande made a motion: After considering the testimony presented during the public 115 hearing including staff comments, and the Standards of Review as set forth in Section 116 11.06.03 of the St. Lucie County Land Development Code. I hereby move that the 117 Planning and Zoning Commission recommend that the St. Lucie County Board of County 118 Commissioners adopt a resolution granting approval of the application of Wright 119 Professional Plaza for an amendment to the Official Zoning Atlas to change the zoning 120 from AR-1 (Agricultural, Residential-1) to CO, (Commercial, Office) because it is 121 consistent with the area and has no impacts on the surrounding property owners. Ms. Morgan seconded the motion. The roll was called: Chairman Reynolds Yes Vice -Chair Townsend Yes William O'Dell Yes Craig Mundt Yes Charles Grande Yes Stephanie Morgan Yes Petition Approved B. Ordinance No. 13-012 Establishing procedures for processing requests for reasonable accommodation pursuant to Title II of the Americans with Disabilities Act and Fair Housing Act from the County's unified Land Development Code. Staff comment and presentation by Katherine Barbieri, Assistant County Attorney. Katherine Barbieri, assistant county attorney stated this is an ordinance to process a procedure so that we can accommodate reasonable accommodations under the American Disabilities Act and Fair Housing Act. Port St. Lucie has had an issue regarding no procedure in place and is now being sued for not having a procedure. The County also had no procedure in place if someone came in and asked for reasonable accommodations under those acts. The County is not currently under any lawsuits but someone has requested reasonable accommodation and they have been notified that the County is currently processing a procedure. This process would allow us to ask them to identify their disability and what reasonable accommodation is being requested. This would be handled in the Planning & Development Services department. The Board of County Commissioners gave permission to advertise. Mr. Satterlee stated there was an inquiry in which he explained/outlined to the caller the developing procedures. Ms. Townsend asked if assisted living facilities will be mimicked. Ms. Barbieri stated a specific distance requirement cannot be set but if it alters the neighborhood can be looked at. Mr. Grande questioned paragraph 8 on page 5 of the proposed Ordinance 13-012; regarding not enforcing the subject zoning ordinance while an application or appeal is pending before the County. Ms. Barbieri stated that would be for the one that is already out there; we are not going after them with code. Planning and Zoning Commission Minutes February 21, 2013 Packet Pg. 318 7.B.2.c DRAFT Page 4 of 6 164 Mr. Satterlee stated language could be added to the effect that any work done in advance of the approval 165 by the County is done at the applicant's own risk. 166 167 Chairman Reynolds opened the public hearing 168 There was no one. 169 Chairman Reynolds closed the public hearing 170 171 Chairman Reynolds opened it up for discussion with the Board 172 173 Mr. Grande suggested that the added language should be in the motion to approve. 174 175 Mr. Mundt made a motion to approve Ordinance 13-012 with the added language 176 proposed by Mr. Satterlee regarding paragraph 8 on page 5. 177 178 Mr. Grande Seconded. 179 180 The roll was called: 181 Chairman Reynolds Yes 182 Vice -Chair Townsend Yes 183 William O'Dell Yes 184 Craig Mundt Yes 185 Charles Grande Yes 186 Stephanie Morgan Yes 187 188 Ordinance Approved 189 190 C. Hearn, Hedal & Coletti/Marcello: FLUMA- 820124530 191 A petition by St. Lucie County for an amendment to the Future Land Use Map for five 192 privately owned parcels totaling 14.61 acres from R/C (Residential Conservation) and 193 CPUB (Conservation Public) to RE (Residential Estate) Future Land Use designation. 194 Staff comment and presentation by Britton Wilson, Senior Planner. 195 196 D. Hearn, Hedal & Coletti/Marcello: RZ-820124531 197 A petition by St. Lucie County for an amendment to the Official Zoning Atlas for five 198 privately owned parcels totaling 14.61 acres from AG-5 (Agricultural-1 du/5 acres) and 1 199 (Institutional) to AR-1 (Agricultural Residential-1 du/acre) zoning district. Staff comment 200 and presentation by Britton Wilson, Senior Planner. 201 202 Both agenda items (C & D) were presented together but with separate public hearings 203 and separate votes. 204 205 Britton Wilson, Senior Planner presented two concurrent items both are County -initiated amendments for 206 portions of five privately owned contiguous parcels totaling 14.6 acres. The large-scale Future Land Use 207 Map Amendment is proposing a change from Residential/Conservation and Conservation Public to 208 Residential Estate and the amendment to the Official Zoning Atlas is proposing a change from AG-5 and 209 Institutional to Agricultural, Residential — 1 du/acre. These are two separate public hearings that were 210 advertised together in a Tribune ad that was published on February 6th. Staff has received no public 211 comment in opposition to the proposed amendments. The subject parcels consist of a portion of five 212 privately owned parcels owned by the Hearns, Hedals and Coletti and Marcello, which are located on 213 Tozour Road and US 1 just north of Indrio Road. 214 Planning and Zoning Commission February 21, 2013 Minutes Packet Pg. 319 7.B.2.c DRAFT Page 5 of 6 215 Two tables in the agenda packet show the history of the subject parcel's future land use and zoning 216 designations from 1984 to present. When researching the history of the subject properties it became 217 apparent that the zoning designations were mistakenly changed due to a scrivener's error. The properties 218 were likely changed when the hand drawn maps were electronically digitized in the early 1990s. So 219 during the mapping process, instead of retaining their AR-1 zoning, the parcels were changed to 220 Institutional and AG-5. The original Future Land Use Designations were Commercial Highway, which is 221 an old land use designation that is no longer in the adopted comprehensive Plan. So in order to revert the 222 parcels back to their AR-1 zoning they must first have a compatible future land use designation of 223 Residential Estate. 224 225 The proposed amendments are in compliance with the Comprehensive Plan and the Land Development 226 Code and the three property owners have signed affidavits agreeing to the proposed changes. In order to 227 correct the scrivener's error that occurred during the mapping process back in 1990, staff is 228 recommending that the Future Land Use Map Amendment and concurrent rezoning be forwarded to the 229 Board of County Commissioners with a recommendation for approval. 230 231 Chairman Reynolds asked if there were questions for staff 232 Mr. Mundt asked if the applicant/property owner brought the issue forward. 233 234 Ms. Wilson stated Mr. Hearn brought this issue to staff's attention; the BOCC in 2006 or 2007 235 denied sponsoring this petition at the time for free. Currently, things have changed with a lighter 236 load on staff; it can be taken care of and staff has done the research. 237 238 Mr. Satterlee stated the Comprehensive Plan was not adopted until 1989. 239 240 Chairman Reynolds opened the public hearing for agenda item C 241 There was no one. 242 Chairman Reynolds closed the public hearing for agenda item C 243 244 Ms. Morgan made a motion: After considering the testimony presented during the public 245 hearing, including staff comments, I hereby move that the Planning and Zoning 246 Commission of St. Lucie County recommend that the St. Lucie County Board of County 247 Commissioners approve proposed Ordinance 13-008 for an amendment to the Future 248 Land Use map for a portion of five privately owned parcels to the RE (Residential Estate 249 — 1 DU/acre) Land use designation because it is correcting a scrivener's error. 250 251 Mr. Grande seconded the motion. 252 253 The roll was called: 254 Chairman Reynolds Yes 255 Vice -Chair Townsend Yes 256 William O'Dell Yes 257 Craig Mundt Yes 258 Charles Grande Yes 259 Stephanie Morgan Yes 260 Daniel Regis Yes 261 262 Petition Approved Unanimously 263 264 Chairman Reynolds opened the public hearing for agenda item D 265 There was no one. 266 Chairman Reynolds closed the public hearing for agenda item D Planning and Zoning Commission February 21, 2013 Minutes Packet Pg. 320 91I-R1aI Page 6 of 6 7.B.2.c 267 Ms. Morgan made a motion: After considering the testimony presented during the public 268 hearing, including staff comments, I hereby move that the Planning and Zoning 269 Commission of St. Lucie County recommend that the St. Lucie County Board of County 270 Commissioners approve proposed Resolution 13-003 for an amendment to the Official 271 Zoning Atlas for a portion of five privately owned parcels to the AR-1 (Agricultural, 272 Residential — 1 DU/acre) Zoning district because it is correcting a scrivener's error. 273 274 Mr. Grande seconded the motion. 275 276 The roll was called: 277 Chairman Reynolds Yes 278 Vice -Chair Townsend Yes 279 William O'Dell Yes 280 Craig Mundt Yes 281 Charles Grande Yes 282 Stephanie Morgan Yes 283 Daniel Regis Yes 284 285 IV. OTHER BUSINESS 286 287 A. Planning and Development Services Director Comments 288 Mr. Satterlee stated possibly in March staff will be bringing to the BOCC some of the 1" 289 amendments regarding the Western Land Study. Also we still are under several Bert Harris claims 290 and lawsuits regarding that. In addition, we also will have another settlement issue that is being 291 dealt with regarding Angle Road Property (Angle Road and North Jenkins Road) that will be coming 292 to a resolution. 293 294 V. ADJOURN 295 There being no further business, the meeting adjourned at 6:40pm. Planning and Zoning Commission Minutes February 21, 2013 Packet Pg. 321 7.B.2.d 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 47 ORDINANCE NO. f/k/a Ordinance 13-008 FILE NO.: FLUMA - 820124530 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR A PORTION OF FIVE PARCELS OF LAND OWNED BY HEARN, HEDAL AND COLETTI/MARCELLO FROM R/C TO RE AND FROM CPUB TO COM; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. St. Lucie County has initiated an amendment to the Future Land Use Map for a portion of five privately owned parcels totaling 14.61 acres (M.O.L.) from R/C (Residential/Conservation) to RE (Residential Estate — 1 du/acre) and from Conservation Public (CPUB) to RE (Residential Estate — 1 du/acre) Future Land Use designation consistent with the original designations of the property prior to the 1990 scrivener's error and Chapter 163, Florida Statutes; and 2. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statutes, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County; and 3. On February 21, 2013, the St. Lucie County Planning and Zoning Commission/Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune, and recommended to the Board of County Commissioners that the petition for Future Land Use Map Amendments be approved; and 4. On April 2, 2013 the Board of County Commissioners of St. Lucie County, Florida held the first of two required public hearing, of which due notice was placed in the St. Lucie News Tribune and approved transmittal to the Department of Economic Opportunity; and 5. On , 2013, the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie News Tribune, and deemed the adoption of the amendments to the Comprehensive Plan to be in the best interests of the citizens and residents of the County. Packet Pg. 322 7.B.2.d Ordinance No. 13-008 File No.: FLUMA-820124530 Page 2 1 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie 2 County, Florida: 3 4 A. AMENDMENT TO FUTURE LAND USE DESIGNATION 5 6 The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for 7 the property described in Exhibit "A," attached hereto, containing a portion of five parcels 8 totaling 14.61 acres of private property owned by Hearn, Hedal, and Coletti/Marcello from R/C 9 (Residential/Conservation) to RE (Residential Estate — 1 du/acre) and from Conservation 10 Public (CPUB) to RE (Residential Estate — 1 du/acre) Future Land Use designation. 11 12 B. FINDING OF CONSISTENCY 13 14 The Board of County Commissioners of St. Lucie County, Florida, specifically determines that 15 the approval of this amendment to the adopted Comprehensive Plan Future Land Use 16 Element is internally consistent with the goals, objectives and policies contained in the St. 17 Lucie County Comprehensive Plan and provides for the recognition that impacts of this 18 approval on the public facilities of St. Lucie County will not occur until such time as a Final 19 Development Order for development on this property is issued. 20 21 C. CHANGE TO FUTURE LAND USE MAP 22 23 The St. Lucie County Planning and Development Services Director is hereby authorized and 24 directed to cause this change to be made in the Future Land Use Map of the Future Land Use 25 Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the 26 date of adoption of this Ordinance. 27 28 D. CONFLICTING PROVISIONS 29 30 Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie 31 County, County Ordinances and County Resolutions, or parts thereof, in conflict with this 32 Ordinance are hereby superseded by this Ordinance to the extent of such conflict. 33 34 E. SEVERABILITY 35 36 If any portion of this Ordinance is for any reason held or declared to be unconstitutional, 37 inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If 38 this Ordinance or any provisions thereof shall be held to be inapplicable to any person, 39 property, or circumstances, such holding shall not affect its applicability to any other person, 40 property or circumstance. 41 42 F. APPLICABILITY OF ORDINANCE 43 44 This Ordinance shall be applicable as stated in Paragraphs A, B and C. 45 46 G. FILING WITH THE DEPARTMENT OF STATE 47 48 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau 49 of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 50 Packet Pg. 323 7.B.2.d 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 47 48 49 50 51 Ordinance No. 13-008 File No.: FLUMA-820124530 Page 3 H. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY The Planning and Development Services Director shall send a certified copy of this Ordinance to the Department of Economic Opportunity Bureau of Community Planning Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, FL 32399. EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty-one (31) days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. J. ADOPTION After motion and second, the vote on this Ordinance was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this _day of ATTEST Deputy Clerk 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA M Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Packet Pg. 324 7.B.2.d 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 Ordinance No. 13-008 File No.: FLUMA-820124530 Page 4 Exhibit "A" Legal Description & Land Use Map Hearn and Colletti/Marcello Legal Description: A PARCEL OF LAND LYING WITHIN SECTION 17, T-34-S, R-40-E, ST. LUCIE COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SW CORNER OF THE NE '/4 OF THE NW '/4 OF SECTION 17, T-34-S, R-40- E, THENCE NORTH ALONG THE WEST LINE OF THE NE '/4 OF THE NW '/4 A DISTANCE OF 1005.22 FEET TO THE NW CORNER OF THE S 1/2 OF THE N '/2 OF THE NE '/4 OF THE NW '/4, THENCE EAST ALONG THE NORTH LINE OF THE S '/2 OF THE N '/2 OF THE NE '/4 OF THE NW '/4 TO A POINT ON A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1665.38 FEET; SAID POINT ALSO BEING 200 FEET WEST (AS MEASURED RADIALLY) OF THE WEST R/W LINE OF OLD STATE ROAD NO. 4; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND PARALLEL WITH THE WEST R/W LINE OF OLD STATE ROAD NO. 4 TO THE POINT OF INTERSECTION WITH A LINE LOCATED 219.82 FEET WEST (AS MEASURED PARALLEL TO THE SOUTH LINE OF THE NE '/4 OF THE NW '/4 OF SECTION 17) OF THE WEST R/W LINE OF U.S. HIGHWAY NO. 1; THENCE SOUTHEASTERLY AND PARALLEL TO SAID WEST RAN LINE TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NE '/4 OF THE NW '/4 OF SECTION 17, T- 34-S, R-40-E; THENCE WEST ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. Hedal Legal Description: A PARCEL OF LAND LYING WITHIN SECTION 17, T-34-S, R-40-E, ST LUCIE COUNTY, FLORIDA SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST '/4 OF THE NORTHWEST '/4 OF SECTION 17, T-34-S, R-40-E, RUN WESTERLY ALONG THE NORTH LINE OF THE SOUTHEAST'/4 OF THE NORTHWEST '/4 OF SAID SECTION A DISTANCE OF 349.82 FEET, SAID POINT BEING 219.82 WEST OF THE WESTERLY RIGHT-OF-WAY OF STATE ROAD #5 FOR THE POINT OF BEGINNING; THENCE RUN SOUTH 24°23'33" EAST A DISTANCE OF 164.58 FEET; THENCE SOUTH 90°00'00" WEST A DISTANCE OF 300 FEET; THENCE SOUTH 00°06'56" WEST A DISTANCE OF 389.99 FEET; THENCE SOUTH 65020'24" WEST A DISTANCE OF 249 FEET, MORE OR LESS, TO A POINT ON THE EAST EDGE OF THE SAVANNAS; THENCE RUN NORTHERLY, FOLLOWING THE MEANDER OF THE SAVANNAS TO A POINT ON THE ABOVE DESCRIBED NORTH LINE OF THE SOUTHEAST'/4 OF THE NORTHWEST '/4 OF SAID SECTION 17; THENCE RUN EASTERLY ALONG SAID NORTH LINE OF THE SOUTHEAST'/4 OF THE NORTHWEST'/4 A DISTANCE OF 348 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Portions of parcels: 1417-212-0002-000-8, 1417-212-0003-000-5, 1417-213-0000-000-7, 1417-214-0003-000-1, 1417-241-0001-000-1 Packet Pg. 325 1 St. Lucie County for Hearn, Hedal & Coletti/Marcello o• oM RU 7.B.2.d Ordinance No. 13-008 File No.: FLUMA-820124530 Page 5 Future Land Use SD Y COM o CPUB RU com 8 '� CPUB s CPUB R/C to RE T fi cone �p Rs CPUB 1c Z .qE G1P s 9y CPUB COM CPUB COM ® RIC to RE COM - Commercial RS - Residential Suburban (2 dulac) IN CPUB - Conservation Public RU - Residential Urban (5 dulac) 1 n 0 CPUB to RE RIC - ResidentiallConservation (1 clW5 ac) SD - Special District .N1 RE - Residential Estate (1 dulac) Map prepared January 9, 2013 Packet Pg. 326