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HomeMy WebLinkAboutAgenda Packet 07.16.2013COUNTY Lff ®E F L O R[ D A BOARD OF COUNTY COMMISSIONERS AGENDA ST LUCIE COUNTY BOCC Regular Meeting Tuesday, July, 16, 2013 9:00 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 COUNTY COMMISSION MEMBERS District No. 2, Chair TOD MOWERY District No. 4, Vice -Chair FRANNIE HUTCHINSON District No. 1 CHRIS DZADOVSKY District No. 3 PAULA A. LEWIS District No. 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 711712013 4:24 PM BOCC Regular Meeting Tuesday, July 16, 2013 9:00 AM 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 Regular Meeting Tuesday, July 16, 2013 9:00 AM I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. MINUTES AND PROCLAMATIONS APPROVAL 1. Board of County Commissioners minutes for the meeting of Tuesday, July 02, 2013 2. Adoption of a resolution designating the month of July, 2013 as "Marine Debris Removal Month" in St. Lucie County, Florida. V. PRESENTATIONS Board of County Commissioners NACO Award Recognition VI. GENERAL PUBLIC COMMENT VII. CONSENT AGENDA A. WARRANTS 1. Warrant List No. 39 2. Warrant List No. 40 B. COUNTY ATTORNEY 1. Consent to Special Assessment - Collection and Disposal of Residential Solid Waste and Recyclable Materials: John C. and Patricia A. Stanton Staff recommends that the Board approve the Consent to Special Assessment and authorize the Chairman to sign the Consents. 2. Preliminary Assessment Resolution Staff recommends that the Board adopt the Solid Waste Preliminary Assessment Resolution and authorize the Chairman to sign the Resolution. 31Page BOCC Regular Meeting Tuesday, July 16, 2013 9:00 AM 3. Adoption of a resolution urging the Administration and Congress of the United States to preserve the current tax-exempt status of municipal bonds and reject any proposal that would reduce or eliminate the federal tax exemption on interest earned from tax- exempt municipal bonds. Add -On Staff recommends that the Board approve the attached resolution and authorize the Chair to sign the resolution as drafted. 4. Collective Bargaining Agreement - First Amendment to October 1, 2012 Agreement with Teamsters Local Union No. 769 5. RES-2013-026 Florida Development Finance Corporation / Approving Issuance of Revenue Bonds by Florida Development Finance Corporation for Renaissance Charter School, Inc. Staff recommends that the Board of County Commissioners adopt the proposed resolution approving the issuance of industrial development revenue bonds by the Florida Development Finance Corporation to finance development of educational facilities in St. Lucie County by Renaissance Charter School, Inc., and authorize the Chairman to sign the resolution. 6. Contract for Sale and Purchase - Jenkins Road Improvements - Malka Lina - 3550 South Jenkins Road - Pond site and Road right-of-way Parcel 2430-322-0004-000/4 (portion) Staff recommends the Board cancel the Contract for Sale and Purchase with Malka Lina, pursuant to Paragraph 22 of the Contract and the findings in the Phase II Environmental Site Assessment. 7. Permission to Advertise a Public Hearing to declare real property surplus property Staff recommends the Board approve permission to advertise a Public Hearing to declare fourteen (14) parcels surplus real property on August 20, 2013 at 9:00 a.m. or as soon thereafter as may be heard. 8. Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish the Unsafe Structure at 4911 Deanna Lane, Fort Pierce. Under the provisions of Section 2-5-43, it is recommended that the Board accept the Certified Report of Inspection of Buildings for filing and declare the building to be unsafe and order that a public hearing be held so that the Board may take such further action, as it is appropriate with regard to the unsafe building at 4911 Deanna Lane, Fort Pierce. 4 1 Page BOCC Regular Meeting Tuesday, July 16, 2013 9:00 AM C. ADMINISTRATION There are no items scheduled. D. COMMUNITY SERVICES 1. State Housing Initiative Partnership (SHIP) Down Payment/Closing Cost Assistance Mortgage Satisfaction Board authorization to satisfy a State Housing Initiative Partnership (SHIP) Down Payment/Closing Cost Assistance Mortgage and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Florida Housing Finance Corporation Foreclosure Counseling Program Board approval of the contract between Florida Housing Finance Corporation and St. Lucie County and the Budget Resolution and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Resolution - Delegation of Authority to Act as Certifying Officer for Environmental Review Records. Board approval of the Resolution and authorization for the Chairman to sign documents as approved by the County Attorney. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES 1. Corizon Inmate Health Care Invoice No. CZN000013000 Staff recommends Board approval for payment of Corizon Health Services invoice number CZN000013000 for Inmate HIV medications for May 1, 2013 through May 31, 2013 in the amount of $38,600.48. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET Approval of proposed millage rates and dates for public hearings 5 1 Page BOCC Regular Meeting Tuesday, July 16, 2013 9:00 AM Board approval to: Advise the Property Appraiser's Office of the millage rates as outlined on "Worksheet Analysis of Roll -Back Millage Rate for fiscal year 2013-2014" under the column headed "2013-2014 proposed millage." Set two public hearings on September loth and 19th 2013, at 6:00 P.M. in the Roger Poitras Administration Annex Commission Chamber. Set the proposed aggregate millage as outlined on "Worksheet Analysis of Roll -Back Millage rate for fiscal year 2013-2014" under the column headed "2013-2014 proposed millage". J. PARKS, RECREATION, & FACILITIES 1. Request for County funding of FEMA project; Fairwinds Golf Course Bunker Replacement Staff recommends Board approval of Budget resolution and Budget Amendment 13-005 for reimbursable funds from FEMA and the State for storm related expenses associated with the bunker replacement project at the Fairwinds Golf Course. 2. Request to advertise proposal for Fairwinds Golf Course Bunker Replacement (FEMA Project) Staff recommends that the Board grant staff permission to advertise the Request for Proposals (RFP) for the Fairwinds' Bunker Replacement Project. 3. Waiver of Fenn Center Facility Rental Fees for the 6th Annual Back to School Expo Board approval to waive $3,345.00 in facility rental fees at the Fenn Center for the 6th Annual Back to School Expo. K. PLANNING AND DEVELOPMENT SERVICES 1. FDOT - 2010 Federal Functional Classification Map Board approval of the 2010 Federal Roadway Functional Classification Map. 2. Permission to Advertise - Text Amendment to the Land Development Code Amending Chapter 9 Pertaining to Authorized and Prohibited Signs Board authorization to advertise upcoming public hearings for the proposed Land Development Code text amendment. L. PUBLIC SAFETY & COMMUNICATIONS 61Page BOCC Regular Meeting Tuesday, July 16, 2013 9:00 AM There are no items scheduled. M. PUBLIC WORKS 1. Repair to tipping floor at Baling Facility. Board approve sole source to TUFCO for repair of tipping floor in the amount of $159,000 and authorize Chairman to execute documents as approved by the County Attorney. 2. Angle Road 900' West of Kings Highway Emergency Culvert Replacement Board acceptance of the Angle Road Emergency Culvert Replacement project. N. SHERIFF'S OFFICE There are no items scheduled. O. SUPERVISOR OF ELECTIONS There are no items scheduled. P. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. VIII. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance amending Chapter 2-5, "Building and Building Regulations" of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida by amending Section 2-5-9 "Procedure for Obtaining Certificate of Competency; amending Section 2-5- 12 "Same -Expiration", and adding Section 2-5-12(5); and Section 2-5-15 "Reciprocity"; providing for filing with the Department of State; providing an effective date; providing for adoption; and providing for codification. Staff recommends that the Board adopt the Ordinance and authorize the Chairman to sign the Ordinance. 2. Code Enforcement Cases - Unsightly and Unsanitary Conditions causing serious threat to public safety. Staff recommends that the Board authorize Staff to abate the violations by mowing and maintaining the Properties at both locations for excessive overgrowth of grass and weeds and place liens on the Properties for the cost. 7 1 Page BOCC Regular Meeting Tuesday, July 16, 2013 9:00 AM B. COMMUNITY SERVICES Resolution - County Owned Property Suitable for Affordable Housing Board approval of the list of properties owned by St. Lucie County suitable for affordable housing and the Resolution establishing an updated list and authorization for the Chairman to sign documents as approved by the County Attorney. IX. REGULAR AGENDA A. COUNTY ATTORNEY Midway Road Improvements - Four-Lanning of Midway Road from South 25th Street West to Selvitz Road - Mr. & Mrs. Raymond Harless - Parcel ID 3403-502-0174-000/7 Staff recommends the Board reject the June 26, 2013 settlement proposal but authorize staff to make a counter-offer in the amount of $213,500.00 based on the replacement cost value provided by Mr. Fuller along with acceptance of the contingencies outlined in the June 26, 2013 letter. X. ANNOUNCEMENTS 1. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, August 13, 2013 at 9:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 2. The Board of County Commissioners will hold a Joint meeting with the City of Fort Pierce on Thursday, August 29, 2013 at 2:00 p.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL 34982. XI. MOTION TO ADJOURN 4.1 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BOCC Regular Meeting July 2, 2013 Convened: 6:00 PM Adiourned: 9:18 PM I. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 2, Chair Tod Mowery Attendee Name—E NEFTitle Status Arrived District No. 2, Chair Present District No. 4, Vice -Chair Present Tod Mowery Frannie Hutchinson Chris Dzadovsky District No. 1 Present Paula A. Lewis District No. 3 Present Kim Johnson District No. 5 Present Faye W. Outlaw County Administrator Present Bob Bentkofsky Katherine Barbieri Assistant County Administrator Asst. County Attorney _Present Present Edward Matthews Parks & Recreation Director Present Don West Public Works Director Present Laurie Waldie Utilities Services Division Director Present Beth Ryder Community Services Director Present Mark Satterlee Planning & Dev Director Present Tara Ra more Director of Human Resources Present Karen L. Smith Environmental Resources Department Director Present Ken J. Mascara Kelly Phelan Sheriff Present Recording Secretary Present II. INVOCATION Generated 711012013 3:09 PM Packet Pg. 9 4.1 BOCC Regular Meeting Tuesday, July 2, 2013 6:00 PM III. PLEDGE OF ALLEGIANCE IV. MINUTES AND PROCLAMATIONS APPROVAL RESULT: ADOPTED [UNANIMOUS] MOVER: Paula A. Lewis, District No. 3 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 1. Board of County Commissioners minutes for the meeting of Tuesday, June 18, 2013 2. Adoption of a resolution designating the week of July 27, 2013 as "Treasure Coast Waterway Cleanup Week" in St. Lucie County, Florida. April Price & Charlie Hayek were present to accept the proclamation. April Price talked about the Treasure Coast Waterway Cleanup and informed the public where they can find more information and thanked the Board for their continued support. Charlie Hayek urged the state and national leaders to get behind this and support the effort to clean up our most valuable asset in this region. Commissioner Johnson asked how many people have been in attendance. April Price responded that their goal is 1000 people and they usually end up with around 950. Commissioner Dzadovsky commented that they have found dolphins with nicotine in their systems due to ingesting cigarette butts and asked smokers to please not litter their cigarette butts. V. PRESENTATIONS There are no presentations scheduled. VI. GENERAL PUBLIC COMMENT The following residents addressed the Board in opposition to the Seven50 plan: • Robert Mucklow, 1891 SE Aires Ln, Port St. Lucie, FL • John Moler,5217 NW Iredell St., Port St. Lucie, FL • Peter Bullock, 3120 N A1A, Fort Pierce, FL • Phillis Frye, 275 Date Palm Road, Vero Beach, FL • Stephanie Austin, 6250 Arrowhead Ln, Vero Beach, FL 2 1 Pa g e Packet Pg. 10 4.1 BOCC Regular Meeting Tuesday, July 2, 2013 6:00 PM • Matthew Rensen, 2833 SE Peru St., Port St. Lucie, FL • Mary Burton, 5209 Silver Oak Dr., Fort Pierce, FL • Glen Collins, 195 Serenata Ct., Port St. Lucie, FL • Roland O'Brian, 21 Villa Del Norte, Fort Pierce, FL • Linda Otterson, 1450 SW Cellini Ave, Port St Lucie,FL • Rhett Lloyd, 1518 N. Lawnwood Circle, Fort Pierce, FL Craig Mundt, Arts & Cultural Alliance Chairman, advised the Board that they are creating a Community Advisory Committee and explained that the public arts program has been re -instated. He provided an update on the grants that they have received and discussed the upcoming Art Summit at the Sunrise Theater. John Arena, Fort Pierce resident, addressed the Board regarding his concerns for the modification to the artificial islands being constructed in Fort Pierce because the mangroves will potentially obscure the view of the lagoon. VII. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson A. WARRANTS 1. Warrant List No. 37 2. Warrant List No. 38 B. COUNTY ATTORNEY 1. Resolution - Donation of Right -of -Way - Quit -Claim Deed - 70' on Pineapple Lane 2. Resolution Replacing Resolution No. 96-170 to Increase the Uniform Service Charge for Dishonored Checks. 3. Regional History Center - First Amendment to Facilities Use Agreement with St. Lucie Historical Society, Inc. 4. Four-Laning Midway Road from South 25th Street West to Selvitz Road - Contract for Sale and Purchase - Kenneth Jackson/Ben Emerson - Parcel I.D. 3405-411-0001-000/1 (portion of) C. ADMINISTRATION There are no items scheduled. D. COMMUNITY SERVICES 3 1 Pa g e Packet Pg. 11 4.1 BOCC Regular Meeting Tuesday, July 2, 2013 6:00 PM 1. Neighborhood Stabilization Program 1 (NSP 1) Invitation to Bid (ITB) # 3 2. Contract Amendment - Meridian Community Services Group 3. Resolution - State Housing Initiative Partnership (SHIP) FY 2013/2014 4. Florida Power and Light -Care to Share Second Amendment E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES Award of Low Bid for Mowing Services G. HUMAN RESOURCES Corizon Inmate Health Care Invoice No. CZN000012858 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. Local Government Energy Efficient Lighting Grant Program - St Lucie Saves -Energy -Efficient Lighting Project 2. Award of Contract to Musco Sports Lighting LLC to Install Green Sports Lights at Ilous Ellis and Horatio Grisby Parks 3. Track Replacement at Calvin R. Triplett Field K. PLANNING AND DEVELOPMENT SERVICES Resolution - Budget Resolution for the Security Camera & High Mast Lighting Project Grant and Associated Budget Amendment 13-004 L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 4 1 Page Packet Pg. 12 4.1 BOCC Regular Meeting Tuesday, July 2, 2013 6:00 PM Orange Avenue Box Culverts N. SHERIFF'S OFFICE Authorization to submit an electronic application for the 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) - Local Solicitation. O. SUPERVISOR OF ELECTIONS There are no items scheduled. P. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. Q. NON -AGENDA ITEM: APPOINTMENT TO THE HISTORICAL COMMISSION This item was moved to the Regular Agenda, See Item IXB. VIII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance amending Chapter 1-9, "Abandoned Property, Garbage, Trash, Junk and Debris" of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida by amending Section 1-9-19.5(e) "Subsequent Review and Sunset Provision; providing for filing with the Department of State; providing an effective date; providing for adoption; and providing for codification. The Assistant County Attorney provided background and explained that this item is a request to amend the abandoned property registration ordinance to extend the ordinance to January 1, 2016. She advised the Board that staff recommends adoption of the ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson B. PLANNING & DEVELOPMENT SERVICES 1. Resolution Granting a Change in Zoning from AR-1 (Agricultural, Residential - 1 du/ac) to I (Institutional) Quasi - Judicial Public Hearing 5 1 Pa g e Packet Pg. 13 4.1 BOCC Regular Meeting Tuesday, July 2, 2013 6:00 PM Items VIII B1 & VIII B2 were presented concurrently by staff who made a presentation "Board of County Commissioners, July 2, 2013, Petitioner: Adel Nefzi" (filed with the Clerk). Staff discussed the feedback received from the residents and the ratio of how many were in favor and how many opposed. Staff recommended an additional condition to the draft resolution which would prohibit any other use on the property once a cemetery is established unless it was approved by the Board. Staff has found that the proposed change in zoning is consistent with the goals, objectives and policies of the Comprehensive Plan and is in compliance with the Land Development Code standards of review. Staff recommends approval of both petitions. Commissioner Mowery acknowledged this being a Quasi -Judicial item; he advised the Board that he has met with staff, the applicant and had e-mails that were provided. Commissioner Hutchinson acknowledged this being a Quasi - Judicial item; she advised the Board that she has met with staff, the applicant and received a -mails and/or text messages. Commissioner Lewis acknowledged this being a Quasi -Judicial item; she advised the Board that she has met with staff, the applicant and the applicant's representative. Commissioner Johnson acknowledged this being a Quasi -Judicial item; he advised the Board that he has met with staff, the applicant and the applicant's attorney. Commissioner Dzadovsky acknowledged this being a Quasi - Judicial item; he advised the Board that he has met with the applicant and the applicant's representative and all documents, e-mails and correspondence are part of the record. Brad Curry, Land Design South, gave a presentation, "Christensen Road Cemetery, Rezoning & Conditional Use", (filed with the Clerk). Commissioner Dzadovsky discussed the entry way and the buffer and suggested meandering the road in and having more of a tree line as a buffer. He asked if the applicant would be willing to continue the tree line along the entrance road to obstruct the entrance view. Brad Curry responded that the applicant would be willing to consider that. The site plan is just a concept so the entrance can be moved. He also went on to talk about the recent Planning & Zoning meeting and explained that the state code requires that they cannot be closer than 75 feet to any wells. He discussed 6 1 Page Packet Pg. 14 4.1 BOCC Regular Meeting Tuesday, July 2, 2013 6:00 PM the right-of-way and that with the right of way and buffer, there will be no impact on any wells. Commissioner Mowery addressed the drive going into the property may perhaps be in a different location. Brad Curry responded that was correct as the plan is just a concept at this time. Commissioner Johnson questioned how many services have taken place each year. Brad Curry responded that they expect there to be approximately 2-3 services per year. Adel Nefzi, the applicant, addressed the Board and advised that the Funeral Home Director is present to answer any questions that the Board may have. Steve Trailer, 5040 Christensen Road, Ft. Pierce, addressed the Board in opposition of the proposed cemetery. He expressed his concerns regarding the notice to the residents and explained the reasons that he is opposed to the project. Commissioner Dzadovsky asked Mr. Trailer how long he has owned his property. Steve Trailer responded that the property is owned by Larry Hopkins and commented that even though they don't own the property his voice should be heard the same as any property owner. Commissioner Dzadovsky asked staff if it's possible to put a restriction on any future property that may be purchased. The Planning and Development Director explained that it would be very difficult to do that because if they decided to come in and expand, each project would be considered on its individual merit. Commissioner Mowery commented that there are two items under discussion and conditions can be added to the conditional use permit specifically tied to this parcel and site plan issues would come at a later time. Shirley Lindstat, 3263 Lindstat St., Ft. Pierce, FL, addressed the Board and explained that she has lived in the neighborhood for thirty years and she was most concerned with the way that the process has been handled. She requested that the item be 7 1 Pa g e IPacket Pg. 15 4.1 BOCC Regular Meeting Tuesday, July 2, 2013 6:00 PM tabled for further discussion in hopes that the entrance can be repositioned. Commissioner Mowery explained that this is not site plan approval; that would happen later should the Board approve the items under discussion. Shirley Lindstat responded that she understands; however, they had another situation where by a site was approved for an Alzheimer's rehabilitation center but it is now being used as a drug rehabilitation center and how it is creating issues. Commissioner Dzadovsky talked about the possibility of putting conditions that would create a meandering driveway or other conditions that would encourage the applicant to change the site into the property. Shirley Lindstat stated that her concern is regarding the location of the entrance and the potential traffic issues. Commissioner Dzadovsky addressed Ms. Lindstat's request to have the entrance on Midway Road and talked about traffic intensity. Shirley Lindstat addressed the number of services and how increased traffic will affect the road. Commissioner Dzadovsky stated that it is his understanding that road will be re -done. Shirley Lindstat responded that only Christansen Road is expected to be re -done. The Planning and Development Director explained the site plan review process. Commissioner Mowery discussed the process. Paul Mitchell, Co -Owner of Yates Funeral Home, addressed the Board regarding his relationship with the applicants. He explained that the have a good relationship, it has been a dignified and professional process and they simply want to honor their traditions. He also clarified that the vaults do seal and they are waterproof. Commissioner Dzadovsky asked Mr. Mitchell if he will continue to handle the process with this site and if he will provide the same services. 8 1 Page IPacket Pg. 16 4.1 BOCC Regular Meeting Tuesday, July 2, 2013 6:00 PM Paul Mitchell responded that he will and that they will follow the cemetery rules. He also discussed the purpose of the vault. Commissioner Hutchinson wanted to clarify that the by-laws are determined by each individual cemetery. Commissioner Johnson asked Brad Curry who will maintain the facility and how it will be maintained. Brad Curry responded that the Barrak Center is a non-profit organization that will maintain it and he explained how they would do so. He also talked about potential conditional approval regarding the by-laws. Commissioner Hutchinson expressed her concerns regarding the by-laws being after the re -zoning and conditional use and questioned if they can make some specific items conditional uses. Ersla Parrot, 3180 Daniels St, Fort Pierce, FL, addressed the Board regarding the project and feels it can be made workable; she is most concerned about the traffic. Commissioner Dzadovsky questioned if conditions were placed when the PUD was approved that they had to prep the road for the additional houses going in. Staff explained that it would be required to pave Christenson Road only. Steven Harless, 5060 Christenson Road, Fort Pierce, FL, addressed the Board regarding his concerns about the way the notification process was handled. He explained that he received his notice on June 6t" but it was due on May 19t". He is opposed to the proposed cemetery and explained the reasons why including water quality concerns. Commissioner Dzadovsky thanked those present for their passionate comments. He explained that these decisions are not easy. He asked Mr. Harless if he was aware that they will be using the sealed vaults. Steven Harless responded that it doesn't matter to him, it's just the thought of it and he never expected this in his residential neighborhood. Commissioner Dzadovsky discussed the buffer, right-of-way and easements. 9 1 Page IPacket Pg. 17 4.1 BOCC Regular Meeting Tuesday, July 2, 2013 6:00 PM Staff explained that there is an existing 50 foot right-of-way and the applicant proposed donating an additional 10 feet of right- of-way before the 25 foot buffer. Commissioner Dzadovsky stated that he has reviewed the standards of review and feels that this is consistent with the Land Development Codes and Comprehensive Plan. He feels the effects would be minimal and that this is compatible with a number of institutional considerations. The proposed use as a cemetery would have the least possible effects. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 2. Resolution granting approval for a private cemetery This item was heard concurrently with Item VIII 61; however, the following additional discussion was specifically related to this item only. Staff suggested requiring the condition that sealed vaults be part of the burial and adding the 25' landscape buffer as the code only calls for a 15' buffer. Commissioner Hutchinson suggested requiring the sealed vaults as well as having the fence on the inside of the property and behind the buffer. Commissioner Mowery clarified that only one wall or fence would be required on the east side. Commissioner Lewis stated that she thought durable landscape was allowed. The Planning and Development Director explained that he understands it to be both the fence or wall and the landscape. Commissioner Hutchinson continued to discuss the by-laws and suggested that they require the flat ground markers and that any vases must be mounted. She also asked that they could add the word "public" to specify for the required hearing if they intend to use the property for any other use. She also asked that the hours of operation be posted by the driveway entry and that they be required to provide the by-laws to the county to be filed. Commissioner Dzadovsky addressed his concerns over the protection of the gopher tortoise on the property. 10 1 P a r Packet Pg. 18 4.1 BOCC Regular Meeting Tuesday, July 2, 2013 6:00 PM Brad Curry assured the Board that would be handled properly. Commissioner Dzadovsky addressed the buffer and suggested that they further extend the buffer to thirty feet. He asked if the client would entertain using the west side of the property fi rst. Brad Curry responded that he is not sure because they are trying to keep the costs down. In order to do that, they would have to build the road all the way to the west side. The intent of the first phase was to build the least of a road as possible. Commissioner Dzadovsky addressed the road and the traffic circle and suggested that they use the space furthest from the current properties. Brad Curry addressed the potential wall or fence that will be required and stated that he doesn't think there will be a problem placing it inside the buffer. He explained that they will need approval to not have to do the wall or fence and explained the process to waive the wall requirement. Commissioner Dzadovsky stated that the process was not handled the best way that it could as far as the notification of the homeowners and discussion with the public. He wants public input to avoid these issues and he expects them to make that effort in the future. Commissioner Mowery said that they have to be cautious with the conditions that they put in place due to property rights. He also addressed the wall and the potential crime issues. Commissioner Hutchinson was under the impression that there was already a wall present. Staff explained that the adjacent building currently has a wall Commissioner Mowery questioned if you are able to see the subject parcel from the roadway. Staff responded that you can see through in spots but it is heavily vegetated. Commissioner Mowery questioned if you are able to see the subject parcel from the parking lot to the south. Staff responded that they didn't notice. 11 1 P a g e IPacket Pg. 19 4.1 BOCC Regular Meeting Tuesday, July 2, 2013 6:00 PM Staff stated they have reviewed the code and mentioned the possibility of a landscape buffer rather than a wall or fence. The Environmental Resources Director addressed the Board to clarify that the code allows for a wall, fence or landscaping in lieu of the fence/wall (with neighborhood approval). Commissioner Hutchinson discussed the opportunity to move the entrance down. This item was approved with the following conditions: • Sealed vaults required • 25' Landscape Buffer • Fence or Wall (if required) to be located inside the buffer • Flat ground markers • Vases must be secured • Hours of operation to be posted • By -Laws must be turned over to the County • Public Hearing must be held for any use other than a cemetery • Initial Plotting to be done in the middle and working out to avoid the residents for some time RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Chris Dzadovsky, District No. 1 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson IX. REGULAR AGENDA A. PLANNING & DEVELOPMENT SERVICES 1. RES-2013-118: Eminent Domain Waiver Eligibility for Three FDOT Public Transportation Projects 1. Motion to: Postpone Hearing The Planning and Development Director provided background on this item and advised the Board that Land Design South has requested that this item be postponed to allow more time for discussion with the residents. No action was taken on this item and it was postponed to an unspecified date. Commissioner Hutchinson advised that the DOT has already scheduled several public meetings. Commissioner Dzadovsky wanted to clarify that this item will be re -advertised. 12 1 P a g e IPacket Pg. 20 4.1 BOCC Regular Meeting Tuesday, July 2, 2013 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 2. North Hutchinson Island Wastewater Treatment Facility - Major Adjustment to Major Site Plan Staff gave a presentation, "North Hutchinson Island Wastewater Treatment Facility Major Adjustment", (filed with the Clerk). Background was provided and it was explained that this will increase utility capacity for future development and that staff recommended approval. The Utilities Director addressed the Board and explained that she is excited about moving forward on this project. Commissioner Dzadovsky questioned if there will be buffers for the additional capacity. The Utilities Director responded that they are extending to the south and doing modifications to the east and they have a waiver from the property to the west. Commissioner Johnson stated that he is excited about the project and offered his congratulations. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson B. APPOINTMENT TO THE HISTORICAL COMMISSION 1. Motion to: Ratify Commissioner's appointment of James Moses to the Historical Commission Commissioner Mowery asked for ratification of his appointment of James Moses to the Historical Commission retroactive to July 1, 2013 as an add -on to the consent agenda; however, the Board took a separate vote on this item. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson X. ANNOUNCEMENTS 13 1 P a g e IPacket Pg. 21 4.1 BOCC Regular Meeting Tuesday, July 2, 2013 6:00 PM Commissioner Mowery discussed the recent Port St. Lucie City meeting regarding the annexation. He wanted to make a proactive comment that as a county, they have tried to foster a successful working relationship with the city and although issues come up, they continually work together to make sure that they have the community's best interest at heart. Commissioner Dzadovsky discussed the public comment portion of the meeting and explained that his intent was only to clarify any misinformation. He explained his position and stated that he respects and appreciates public comment. Commissioner Hutchinson wished everyone a Happy 4t" of July. Commissioner Dzadovsky reminded everyone that the Chili Cook -Off is coming up on July 13t" 1. County offices will be closed on Thursday, July 4, 2013 to observe Independence Day. 2. The Board of County Commissioners FY14/Budget Workshops will begin Tuesday, July 9, 2013 and run through Thursday, July 11, 2013. XI. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 14 1 Packet Pg. 22 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney 4.2 ITEM NO. RES-2013- 120 DATE: 07/16/2013 *PROCLAMATIONS/PRESEN TATI O N S SUBJECT: Adoption of a resolution designating the month of July, 2013 as "Marine Debris Removal Month" in St. Lucie County, Florida. BACKGROUND: Captain Don Voss, Operations Director with the Marine Cleanup Initiative, Inc. has requested that this Board proclaim the month of July, 2013 as "Marine Debris Removal Month" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coordination/Signatures ani i S. McIntyre, ou ty Attorney 7/3/2013 ate. Outlaw, County Administrator 7/12/2013 Packet Pg. 23 4.2.a A RESOLUTION PROCLAIMING THE MONTH OF JULY 2013 AS "MARINE DEBRIS REMOVAL MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Marine Cleanup Initiative Inc., the Operations Director, the Board of Directors, the Advisory Board, and the hundreds of volunteer divers and boat captains have operated for thirteen (13) years to remove marine debris such as monofilament fishing line, casting nets, cargo nets, batteries, anchors, chain, rope, bottle cans and fishing gear from our Indian River Lagoon Estuary, their spoil islands and tributaries and inlet of St. Lucie County. 2. These efforts are accomplished by divers using their own time, their own equipment and risking their own lives to provide this needed public service to protect our most important natural resource. 3. These efforts saved thousands of birds, fish, turtles and other aquatic life from certain death through the elimination of all debris including Ghost Fishing items such as abandoned traps and nets. 4. Marine Cleanup Initiative Inc. has spoken to thousands of school children, set up displays at hundreds of venues, and spent countless hours informing and elevating awareness of the public for the proper disposal of these issues of awareness using a unique and entertaining style while serving as a positive focal point for all. 5. Marine Cleanup Initiative Inc. has continued to expand operations to include spoil islands and tributaries while engaging citizens throughout the area to participate. 6. This December, Marine Cleanup Initiative Inc. and its'volunteers will remove the 400,000`h pound of marine debris from our waterways. 7. Marine Cleanup Initiative Inc. provides these selfless acts while receiving little fanfare, media coverage or taxpayer support. 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 July 2013 as "MARINE DEBRIS REMOVAL MONTH" in St. Lucie County, Florida. 2. This Board encourages all citizens and businesses to participate in activities which will assist in the elimination of the accumulation of hazardous debris in our waterways through best practices of disposal. PASSED AND DULY ADOPTED this 161h day of July 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM & CORRECTNESS: COUNTY ATTORNEY Packet Pg. 24 7.A.1 06/28/13 ST. LUCIE COUNTY -- BOARD PAGE FZABWARR WARRANT LIST #39- 22-JUN-2013 TO 28-JUN-2013 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 926,784.78 301.44 001449 St. Lucie County Boating Education 3,314.25 0.00 001450 FCTD Planning Grant 50.16 207.98 001452 DEM RCMP 2012--2013 4,706.06 0.00 001512 Neighborhood Stabilization Program 75.00 0.00 001519 CDBG FY 2008 Disaster Recovery 6.34 546.02 001524 SRL - 3768 Wild Orchid Lane 0.00 228.81 001534 Metropolitan Planning/Section 5303 746.53 686.37 001544 CDBG Disaster Recov Enhanc Prog 19,218.24 273.01 001547 112 MPO FHWA Planning Grant 9,507.74 5,532.22 001549 Community Services Block Grant 2013 16,235.83 0.00 001823 INTACT 536.04 0.00 101 Transportation Trust Fund 103,873.74 0.00 101002 Transportation Trust/80% Constitut 55,575.65 0.00 N 101003 Transportation Trust/Local Option 3,634.88 0.00 Z 101004 Transportation Trust/County Fuel Tx 38,207.63 0.00 101006 Transportation Trust/Impact Fees 599.20 0.00 101221 FDOT St James Sidewalk Phase 2 1,404.34 0.00 102 Unincorporated Services Fund 12,165.85 0.00 102001 Drainage Maintenance MSTU 24,752.00 0.00 M 102113 DEM Indian River Estates Drainage 265,376.48 0.00 C 103 Law Enforcement MSTU 11,311.63 0.00 Z 104003 Hurricane Frances Donations 639.19 0.00 v_ 107 Fine & Forfeiture Fund 312,198.39 0.00 _J 107005 F&F Fund -Legal Aid 9,157.25 0.00 a 107006 F&F Fund -Court Related Technology 2,354.75 0.00 129 Parks MSTU Fund 23,488.60 0.00 M 130 SIC Public Transit MSTU 6,623.76 0.00 140 Airport Fund 40,497.20 4,084.04 0 140001 Port Fund 297.61 0.00 140139 FAA Wildlife Hazard Assessment 6,167.07 0.00 0 140361 FDOT - Port of Ft. Pierce Dredging 29,320.00 0.00 r_ 140372 FDOT Term/Cus Fac Ren Phs 1 32,463.76 0.00 E 140378 FDOT Wildlife Hazard Assessment 685.23 0.00 E 160 Plan Maintenance RAD Fund 87.50 0.00 0 V 170 Court Facilities Fund 156,915.47 0.00 183 Ct Administrator-19th Judicial Cir 8,026.84 0.00 183004 Ct Admin.- Teen Court 1,478.00 0.00 184215 DEP Ft Pierce Shore Protection 2012 14,540.00 0.00 187 Boating Improvement Projects 2,695.00 0.00 189102 Home Consortium 2009 0.00 546.02 189103 Home Consortium FY 2010 50,428.98 0.00 189104 HUD Housing Counseling Grant 0.00 273.01 189106 FY 2011 Home Consortium 15,760.00 0.00 189203 Hardest Hit fund Advisor Services 0.00 546.02 190 Sports Complex Fund 11,726.44 0.00 242 Port I&S Fund 813.70 0.00 316 County Capital 8,371.94 0.00 79 Packet Pg. 25 7.A.1 06/26/13 ST. LUCIE COUNTY - BOARD FZARWARR WARRANT LIST #39- 22-JUN-2013 TO 28--JUN-2013 FUND SUMMARY FUND TITLE 318 County Capital -Transportation Bond 401 Sanitary Landfill Fund 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 471 No County Utility District-Operatin 491 Building Code Fund 505 Health Insurance Fund 505001 Property/Casualty Insurance Fund 505002 Health Insurance Administration 611 Tourist Development Trust-Adv Fund 625 Law Library 801 Bank Fund GRAND TOTAL: PAGE 2 EXPENSES PAYROLL 137,617.62 0.00 77,987.91 0.00 5,496.04 0.00 311.20 0.00 8,500.48 0.00 322.44 0.00 66,519.77 796.80 4,677.25 0.00 1,042.40 0.00 2,724.00 0.00 50.00 0.00 5,316.13 0.00 2,543,384.29 14,021.74 Packet Pg. 26 7.A.2 07/05/13 FZABWARR FUND TITLE 001 001009 001450 001451 001452 001512 001519 001524 001527 001534 001538 001539 001544 001545 001546 001547 001549 001550 101 101001 101002 101003 101004 102 102001 105 107 107001 107002 107003 107006 ill 112 113 114 116 117 119 120 122 123 126 127 128 129 130102 130109 130110 ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 29-JUN-2013 TO 05-JUL-2013 FUND SUMMARY General Fund Gen -One Time Funding FCTD Planning Grant FDEM Emergency Preparedness FY 13 DEM RCMP 2012-2013 Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery SRL - 3768 Wild Orchid Lane SRL - 10701 S. Ocean Dr. Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 Safe Routes to School Program CDBG Disaster Recov Enhanc Prog HUD Shelter Plus Care Grant HUD Shelter Plus Care Grant 112 MPO FHWA Planning Grant Community Services Block Grant 2013 HUD Shelter Plus Care Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects FTA 5307 Capital and Operating FTA 5317 Enhanced Svcs for the Disa EXPENSES 2,456,927.99 18,794.75 114.99 112.07 2,150.00 7,803.89 15,291.03 5.25- 7.04 239.19 367.53 1,401.88 634.38 19,921.35 7,823.19 1,533.94 367.79 1,786.99 9,147.36 212.77 23,264.22 92,455.65 5,061.54 16,064.01 41,820.60 2,640.33 3,591,727.57 12,145.41 171.30 25,545.56 16,984.22 3,171.31 745.01 242.02 558.41 606.61 149.16 844.57 216.68 1,012.01 383.88 150.24 483.04 600.52 7,662.00 1,785.60 276.21 92.07 PAGE PAYROLL 478,855.58 0.00 497.25 0.00 0.00 616.71 1,251.77 0.00 98.65 1,245.40 3,20V.39 257.22 2,265.35 972.08 N H 372.72 Z 8,805.59 1,108.25 62.12 36,312.41 1,237.60 42,005.79 C 13,496.64 Z 15,546.19 y 70,916.62 J 14,952.89 0.00 145,389.58 M 970.78 970.79 0 0.00 +r 9,038.13 v 0.00 _ 0.00 E 0.00 C 0.00 V 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Packet Pg. 27 7.A.2 07/05/13 FZABWARR FUND TITLE 130113 136 138 139 140 140380 140382 150 160 183 183001 183004 183006 184217 185012 189102 189103 189104 189105 189106 189203 190 215 216 242 310001 316 316001 401 418 451 458 471 478 479 491 505 505001 505002 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #40-- 29-JUN-2013 TO 05-JUL-2013 FUND SUMMARY FTA 5307 FY2011 Monte Carlo Lighting MSTU44 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund FDOT Install RFILS on Runway 28L FDOT Design & Construct Runway Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund S SLC Beach Rest 13SLI FHFA SHIP 2010-2011 Home Consortium 2009 Home Consortium FY 2010 HUD Housing Counseling Grant HUD Housing Counseling Grant FY 2011 Home Consortium Hardest Hit fund Advisor Services Sports Complex Fund Sales Tax Revenue Bonds I&S Fund County Capital I&S Port I&S Fund Impact Fees -Library County Capital 5th Cent Fuel -Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist --Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 366.03 2,178.31 303.22 930.82 4, 682.94 3,207.62 95,427.45 1,723.71 829.48 1,567.32 260.00 2,233.14 545.00 7,517.68 43.04 116.04 156.05 5.18- 11.43 9.78 44.21 31,682.50 2,555,380.03 15,520.24 21,096.88 350.91 1,843.70 15,380.07 43,088.73 7,539.22 797.71 118.56 9,121.89 2,300.87 5,706.19 3,576.82 930,505.96 4,503.82 516.87 9,749.59 19,580.12 288,947.17 10,480,950.57 PAGE PAYROLL 2,085.83 0.00 0.00 0.00 11,078.78 0.00 0.00 228.48 3, 110.47 3,242.00 0.00 3,183.42 0.00 0.00 N H 239.35 z 0.00 1,660.16 W 0.00 70.36 137.12 158.31 C 16,887.51 Z 0.00 y_ 0.00 J 0.00 c 0.00 0.00 M 0.00 44,969.08 0 14,844.25 4,524.06 v 673.19 7,110.39 E 1,215.62 C 1,027.98 V 20,107.88 0.00 2,390.32 2,943.74 1,800.75 0.00 0.00 994,143.35 Packet Pg. 28 7.B.1 ITEM NO. (ID # 1408) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Katherine Barbieri, Asst. County Attorney County Attorney DATE: 07/16/2013 *CONSENT AGENDA\COUNTY ATTORNEY Consent to Special Assessment - Collection and Disposal of Residential Solid Waste and Recyclable Materials: John C. and Patricia A. Stanton Attached is one Consent to Special Assessment executed by John C. and Patricia A. Stanton (collectively "Landowners"). The Consent, if approved, would allow the imposition of special assessments against the assessed property pursuant to Article V Collection of Solid Waste and Recyclable Materials. The Landowners consent to the imposition of assessments against the assessed property to be computed, collected and enforced in order to fund the collection and disposal of residential waste and recyclable materials. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Consent to Special Assessment and authorize the Chairman to sign the Consents. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Packet Pg. 29 Coordination/Signatures A Z � Heather Young, Asst. County Attorney /10/2013 ob en&& y, As istaYi ounty Admir,i,tratol/1 /2013 Updated: 7/3/2013 9:31 AM by Brian Hurwitz Page 2 Packet Pg. 30 7.B.1.a This Instrument Prepared by aNi Katherine Barbieri Assistant County Attorney U 2300 Virginia Avenue Fort Pierce, Florida 34982 CONSENT TO SPECIAL ASSESSMENT John C. and Patricia A. Stanton, (the ALandowners@), are the sole Landowners of the benefitted land described in Exhibit A (the AAssessed Property@) attached hereto and made a part hereof, intending, that Landowners and their successors in interest shall be legally bound by this Consent to Special Assessment ("Consent@). The Landowners declare, represent, acknowledge and agree as follows: 1. Landowners represent and warrant to the Board of County Commissioners (ABoardo) of St. Lucie County, Florida (the ACounty@) that Landowners, and no other person are vested with fee simple title of record to the Assessed Property. 2. Landowners hereby consent and agree to the imposition of special assessments (AAssessments@) against the Assessed Property pursuant to Article V Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code and Compiled Laws and Resolution Nos. 11-108 and 11-109 or any other preliminary assessment resolutions and final assessment resolutions adopted there under which establish the annual rate of special assessments for Solid Waste Services (collectively the AAssessment Processes@). Capitalized terms not otherwise defined herein shall have the meanings set forth in the Assessment Proceedings. 3. Landowners consent to the imposition of Assessments against the Assessed Property to be computed, collected and enforced in accordance with the Assessment Proceedings in order to fund the collection and disposal of residential waste and recyclable materials. 4. Landowners acknowledge with specificity and certainty that: (A) the collection and disposal of residential waste and recyclable materials will convey special benefits to the Assessed Property including the removal of residential waste and recyclable material, will provide an increase in market valuation, and enhanced development/re-development potential resulting in an increase in the marketability, enjoyment and value of affected parcels, and (B) the removal of residential waste and recyclable materials will confer direct special benefits to the Assessed Property in excess of the amount of the Assessment described in the Assessment Proceedings. 5. Landowners acknowledge and agree that: (A) the Assessment imposed against the c Assessed Property does not exceed the proportional benefits that such property will receive compared r to any other property within the County Solid Waste Urban Service Area, and (B) the apportionment method fairly and reasonably allocates the cost of the collection and disposal of residential waste and a recyclable material among real property subject to the Assessment by utilizing the per dwelling unit c basis. v r c 6. Landowners waive all right to subsequently challenge the Assessments on any basis, E including but not limited to insufficient benefits, improper or unfair apportionment or irregularity in the adoption of the Assessment Proceedings. Q Packet Pg. 31 7.B.1.a 7. Landowners understand, agree and acknowledge that the Assessment is a legal, valid 2 and binding lien upon the Assessed Property, equal in rank and dignity with the lien of all state, county, district and municipal taxes and superior in dignity to all other liens, titles and claims, until paid. U aD 8. Landowners agree and covenant to timely pay all Assessments imposed upon the W Assessed Property in accordance with the Assessment Proceedings whether the Assessments are (D m collected by the County, the Tax Collector pursuant to Section 197.3632, Florida Statutes, or by any other method allowed by law. 9. Landowners acknowledge that unless and until decided otherwise by the Board, the Assessments will be collected pursuant to the uniform collection method authorized by Section 197.3632, Florida Statutes, and that failure to pay the Assessment could therefore result in loss of title to the Assessed Property. 10. Landowners acknowledge that this Consent to Special Assessment will be executed with the same formality as a deed and recorded in the Public Records of St. Lucie County, Florida. 11. Landowners acknowledge and agree that the execution of this Consent or any activity resulting therefrom does not affect any existing rights to develop the Assessed Property in a specific manner, nor will this Consent result in any new or additional development rights. 12. Landowners acknowledge and covenant that this Consent to Special Assessment shall run with the Assessed Property touch and concern the Assessed Property and shall be binding on such land and the Landowners and all successors in interest. THE DECLARATIONS, ACKNOWLEDGMENTS AND AGREEMENTS CONTAINED HEREIN SHALL RUN WITH THE LAND DESCRIBED IN EXHIBIT AA@ HERETO AND SHALL BE BINDING ON THE LANDOWNERS, AND ON ALL PERSONS (INCLUDING CORPORATIONS, ASSOCIATIONS, TRUSTS, AND OTHER LEGAL ENTITIES) TAKING TITLE TO ALL OR ANY PART OF THE LAND, AND ITS SUCCESSORS IN INTEREST. BY TAKING SUCH TITLE, SUCH PERSONS SHALL BE DEEMED TO HAVE CONSENTED AND AGREED TO THE PROVISIONS OF THIS CONSENT TO THE SAME EXTENT AS IF THEY HAD EXECUTED IT AND BY TAKING SUCH TITLE, SUCH PERSONS SHALL BE STOPPED FROM CONTESTING, IN COURT OR OTHERWISE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THIS CONTRACT. John C. Stanto Patricia A. Stanton r c / m U r c m E t r EXHIBIT AA($ r Packet Pg. 32 7.B.1.a DESCRIPTION OF ASSESSED PROPERTY 2 The Assessed Property consists of the real property more particularly described as follows: >% U m West Fort Pierce Estates — Unrecorded Plat in Sec 9 35 39 — Lot 36 and N 06 of Lot 38 (1.03 AC) (OR 1088-739) m Parcel ID #2309-801-0037-000-1 r a Packet Pg. 33 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Katherine Barbieri, Asst. County Attorney SUBMITTED BY: County Attorney SUBJECT: Preliminary Assessment Resolution BACKGROUND: 7.B.2 ITEM NO. RES-2013- 121 DATE: 07/16/2013 *CONSENT AGENDA\COUNTY ATTORNEY Pursuant to Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County, the St. Lucie County Board of County Commissioners (the Board) has the authority to impose annual assessments for solid waste (garbage and recycling) collection, disposal and administrative services, facilities or programs against certain property within St. Lucie County. On September 14, 2004, the Board initially levied recurring assessments on residential properties within the County Solid Waste Urban Service Area for the purpose of including solid waste fees on property tax bills. This method of collection is in lieu of the garbage hauler billing property owners directly for garbage and recycling services. The purpose for this action is to provide residential property owners and occupants proper, safe and cost effective disposal residential waste and recyclable materials generated on such property. The attached Resolution authorizes the Board to impose assessments for solid waste services for the fiscal year commencing October 1, 2013 at a rate of $252.02 per dwelling unit, directs the County Administrator to prepare a preliminary assessment roll for said fiscal year to be collected using the uniform method of collection on the 2013 property tax bill, and establish a public hearing to be held on September 3, 2013 at 6:00 p.m. or as soon thereafter as may be heard. The Property Appraiser has prepared 2 Final Assessment Rolls: 1. Assessment Roll "A" contains residential properties within the County Solid Waste Urban Service Area at the 2013 assessment rate of $252.02 per dwelling unit. 2. Assessment Roll "B" contains residential properties located within the County Solid Waste Urban Service Area that were erroneously omitted for the 2012 assessment. PREVIOUS ACTION: Packet Pg. 34 January 13, 2009 - The Board approved advertising the Request for Proposals for Residential Solid Waste Collection Services. May 12, 2009 - The Board awarded RFP No. 09-020 to Waste Pro of Florida, Inc. For an initial period of 5 years. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board adopt the Solid Waste Preliminary Assessment Resolution and authorize the Chairman to sign the Resolution. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coordination/Signatures �D) . �dI64q aniV S. McInt re ou Attorney 7 3 2013 3ob� AssistaTit Count Admir.!�trato? 1 2013 Y Y Y I I Y, Y I I Updated: 7/11/2013 12:17 PM by Shane A. De Witt Page 2 Packet Pg. 35 7.B.2.a Attachment A1@ ST. LUCIE COUNTY, FLORIDA PRELIMINARY ASSESSMENT RESOLUTION SOLID WASTE ADOPTED: July 16, 2013 N r A O N W Packet Pg. 36 7.B.2.a TABLE OF CONTENTS Page SECTION1. AUTHORITY...........................................................................................................1 SECTION 2. PURPOSE AND DEFINITIONS........................................................................1 SECTION 3. LEGISLATIVE DETERMINATIONS...........................................................11 SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES ..............14 SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS..................................................................................................15 SECTION 6. SECTION 8. SECTION 7. ASSESSMENTROLL.......................................................................................16 AUTHORIZATION OF PUBLIC HEARING..............................................17 NOTICE BY PUBLICATION..........................................................................17 SECTION 10. EFFECTIVE DATE......................................................18 SECTION 9. NOTICE BY MAIL............................................................................................17 APPENDIX A.DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICEAREA.................................................................................................. A-1 APPENDIX B. FORM OF NOTICE TO BE PUBLISHED..................................................................B-1 APPENDIX C. FORM OF NOTICE TO BE MAILED..........................................................................C-1 Packet Pg. 37 7.B.2.a RESOLUTION A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF RESIDENTIAL WASTE AND RECYCLABLE MATERIALS IN THE COUNTY SOLID WASTE URBAN SERVICE AREA OF ST. LUCIE COUNTY, FLOP-IDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN ST. LUCIE COUNTY; DETERMINING THE SOLID WASTE COST AND THE PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code, sections 125.01, 125.66, 197.3632, and 197.3635, Florida Statutes, and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the Preliminary Assessment Resolution. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. As used in this Preliminary Assessment Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires: "Assessed Property" means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the Residential Waste and Recyclable Materials collection and disposal services, facilities or programs identified in the Preliminary Assessment Resolution. 1 Packet Pg. 38 7.B.2.a "Assessment Roll" means the special assessment roll relating to a Solid Waste Service Assessment approved by a Final Assessment Resolution. "Biomedical Waste" means any solid waste or liquid waste that may present a threat of infection to humans. The term includes, but is not limited to, non liquid human tissue and body parts; laboratory and veterinary waste that contain human -disease -causing agents; discarded disposable sharps; human blood and human blood products and body fluids; and other materials that in the opinion of the Department of Health represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. "Biological Waste" means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. "Board" means the Board of County Commissioners of St. Lucie County, Florida. "Building" means any structure, whether temporary or permanent, built for the support, shelter or enclosure of Persons, chattel or property of any kind. "Bulk Items" means items that require special handling and management because of their volume, e.g., tires, Construction and Demolition Debris, White Goods, large household goods and furniture. ABulk Items@ must have been previously used by the customer at the Dwelling Unit for which Collection Service is provided. The term "Bulk Items" excludes Exempt Waste. "Collection Service" means Residential Waste Collection Service and Recyclable Material Collection Service. "Commercial Property" means all Improved Property other than Residential Property "Construction and Demolition Debris" means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land -development operations for a construction project including such debris from construction of structures 2 Packet Pg. 39 7.B.2.a at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause the resulting mixture to be classified as other than construction and demolition debris. The term also includes: 1. Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; 2. Except as provided in s. 403.707(9)(j), Florida Statutes, yard trash and unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition projects; 3. Scrap from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project. This includes debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities; and 4. be minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. "County" or any like term, means a political subdivision of the state established pursuant to s.1, Art. VIII of the State Constitution and, when s. 403.706(19), Florida Statutes, applies, means a special district or other entity. "County Administrator" means the chief executive officer of the County, or the designee or designees of the County Administrator. "County Solid Waste Urban Service Area" means that portion of the unincorporated area of the County described on Appendix A. "Duplex" shall mean a Building that contains two Dwelling Units. "Dwelling Unit" shall mean a Building, or a portion thereof, lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. "DOR Code" means a property use code established in Rule 12D-8.008, Florida Administrative Code, assigned by the Property Appraiser to Tax Parcels within the County. 3 Packet Pg. 40 7.B.2.a "Exempt Waste" means Biological Waste, Hazardous Waste, Sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead acid batteries, used oil, any material for which there is no legally permitted disposal or storage facility within the County. However, tires on rims, rims, small boat and auto parts under 50 Ibs are not exempt. "Final Assessment Resolution" means the resolution adopted in which Solid Waste Service Assessments are imposed which shall confirm, modify, or repeal the Preliminary Assessment Resolution and which shall be the final proceeding for the annual imposition of Solid Waste Service Assessments. "Fiscal Year" means that period beginning October 1st of each year and ending on September 30th of the subsequent year. "Garbage" means all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, vegetative, food or any organic waste that is attendant with, or results from the storage, preparation, cooking or handling of food material. "Hazardous Waste" means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. "Household Waste" means Garbage and Rubbish generated by a Dwelling Unit for which Collection Service is provided hereunder. The term AHousehold Waste@ does not include Exempt Waste or Bulk Items. "Improved Property" means all property within the County on which a Building or other improvements including, but not limited to, facilities providing retail electrical service to such property have been placed or constructed, which improvements result in such property generating Residential Waste or being capable of generating Residential Waste. "Improvement Codes" mean the property use codes assigned by the Property Appraiser to Tax Parcels within the County. "Preliminary Assessment Resolution" means the annual resolution adopted in any year in which Solid Waste Service Assessments are imposed which shall be the initial proceeding a] Packet Pg. 41 7.B.2.a for the identification of the Solid Waste Cost for which an assessment is to be made and for the imposition of a Solid Waste Service Assessment. "Land Clearing Debris" means vegetative matter resulting from a comprehensive land clearing operation, but does not include Yard Trash. "Mobile Home" means manufactured homes, trailers, campers and recreational vehicles. "Multiple Single -Family Attached Units" means single-family dwelling units constructed in a series, row, or group, including four units or more with common walls or separate walls abutting each other, separated by a nominal space of not less than two inches, or which have an independent entrance. "Owner" means the Person reflected as the owner of Assessed Property on the Tax "Property Appraiser" means the St. Lucie County Property Appraiser. "Recyclable Material" means those materials that are capable of being recycled and that would otherwise be processed or disposed of as solid waste. "Recyclable Material Collection Service" means the process whereby Recyclable Material is removed from a Dwelling Unit, processed and marketed by Contractor. "Residential Property" means a parcel of Improved Property on which a Single -Family Residence, Mobile Home, Duplex or Triplex is located; provided, however, that AResidential Property" does not include (A) property on which a Mobile Home is located that is classified as either "PUD," "HIRD," "RE-211, "CG," "CN," "CO," or "RVP" under the County's zoning regulation, or (B) a parcel of property on which more than one Single -Family Residence, Mobile Home, Duplex or Triplex is located; or (C) any Dwelling Unit located on a parcel of property that shares a common wall with one or more other Dwelling Units on other parcels of property not under common ownership. Residential property shall not include any County owned property. "Residential Waste" includes Household Waste, Yard Trash and Bulk Items. "Residential Waste Collection Service" means the process whereby Residential Waste is removed from a Dwelling Unit and transported to a Solid Waste Disposal Facility. Packet Pg. 42 7.B.2.a "Rubbish" means all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweep -ups and all other accumulations of a nature other than Garbage, which are usual to housekeeping; also any bottles, cans or other containers not containing Garbage. "Single -Family Residence" shall mean a Building that contains a single Dwelling Unit "Sludge" includes, the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. "Solid Waste Service Assessment" means a special assessment lawfully imposed by the County against Assessed Property to fund all or any portion of the cost of the provision of Residential Waste and Recyclable Materials collection and disposal services, facilities, or programs providing a special benefit to property as a consequence of possessing a logical relationship to the value, use, or characteristics of the Assessed Property. "Solid Waste Cost" means the amount necessary to fund the County=s collection and disposal of Residential Waste and the recycling activities of Recyclable Materials that are allocable to Assessed Property during a Fiscal Year and shall include, but not be limited to: (A) the cost, whether direct or indirect, of all services, programs or facilities provided by the County, or through contractual arrangements with the County relating to Residential Waste and Recyclable Materials management, collection and disposal activities; (B) the cost of any indemnity or surety bonds and premiums for insurance; (C) the cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits; (D) the cost of computer services, data processing, and communications; (E) the cost of training, travel and per diem; (F) the recovery of unpaid or delinquent fees or charges advanced by the County and due for Residential Waste and Recyclable Materials management, collection, and disposal services, programs or facilities allocable to specific parcels; (G) the cost of engineering, financial, legal or other professional services; (H) all costs associated with the structure, implementation, collection, and enforcement of the Solid Waste Service Assessments or a prior year's assessment for a comparable service, facility or program, including any service charges of the Tax Collector or Property Appraiser; (I) all other costs and expenses necessary or incidental to the acquisition, provision, or delivery of the services, programs or facilities funded by the Solid Waste Service Assessment, and such other expenses as may be necessary or incidental to any related financing authorized by the Board; (J) a reasonable amount for contingency and anticipated delinquencies and uncollectible Solid Waste Service Assessments; and (K) reimbursement to the County or any C41 Packet Pg. 43 7.B.2.a other Person for any monies advanced for any costs incurred by the County or such Person in connection with any of the foregoing items of Solid Waste Cost. "Solid Waste Disposal Facility" means any solid waste management facility that is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. "Tax Collector" means the St. Lucie County Tax Collector. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Triplex" shall mean a Building that contains three Dwelling Units. "Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "White Goods" includes discarded air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. "Yard Trash" means vegetative matter resulting from yard landscaping maintenance and land clearing operations and includes associated rocks and soils. SECTION 3. LEGISLATIVE DETERMINATIONS. It is hereby ascertained, determined and declared that the Solid Waste Costs provide a special benefit to the Assessed Property based upon the following legislative determinations: (A) Pursuant to Article VIII, section 1, Florida Constitution, and sections 125.01 and 125.66, Florida Statutes, the Board has all powers of local self-government to perform county functions and to render county services except when prohibited by law, and such power may be exercised by the enactment of legislation in the form of County ordinances and resolutions. (B) In addition to its powers of self-government, the Board is authorized by section 125.01(1)(r), Florida Statutes, to impose Solid Waste Service Assessments in all or a portion of the unincorporated area. Additionally, the Board derives authority to impose I7 Packet Pg. 44 7.B.2.a Solid Waste Service Assessments from the home rule power of counties in Article VIII, section 1(f), Florida Constitution, section 125.01, Florida Statutes, and specifically section 125.01(1)(r), Florida Statutes. (C) This Resolution authorizes the imposition of Solid Waste Service Assessments within the County Solid Waste Urban Service Area. (D) It is fair and reasonable to use the Improvement Codes and DOR Codes to apportion the Solid Waste Cost among parcels of Assessed Property located within the County Solid Waste Urban Service Area because: (1) the Tax Roll database employing the use of such property use codes is the most comprehensive, accurate, and reliable information readily available to determine the property use and number of Dwelling Units for Improved Property within the County Solid Waste Urban Service Area, and (2) the Tax Roll database is maintained by the Property Appraiser and is consistent with the coding of parcel designations on the Tax Roll which compatibility permits the development of an Assessment Roll in conformity with the requirements of the Uniform Assessment Collection Act. (E) Pursuant to section 403.706(1), Florida Statutes, the County has the general responsibility and authority to provide for the collection and transport of Residential Waste and Recyclable Materials generated within its unincorporated area to appropriate Solid Waste Disposal Facilities. (F) The existence of any Building or other improvement on Improved Property results in such property generating Residential Waste and Recyclable Materials or being capable of generating Residential Waste and Recyclable Materials. (G) Whether imposed throughout the entire County or a portion thereof, the imposition of a recurring annual Solid Waste Service Assessment is an alternative, equitable and efficient method to fairly and reasonably apportion and recover the Residential Waste and Recyclable Materials management, collection, and disposal costs experienced by the County among the parcels of Residential Property within the County Solid Waste Urban Service Area. (H) The size or value of Residential Property does not determine the scope and cost of Residential Waste and Recyclable Materials management, collection, and disposal services to be provided to such property. The use of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs are driven by the existence of a Dwelling Unit and the average occupant population. Packet Pg. 45 7.B.2.a (I) Apportioning the Solid Waste Costs for Residential Waste collection and disposal services provided to Residential Property within the County Solid Waste Urban Service Area on a per Dwelling Unit basis is compatible with the use of the Tax Roll data base, is required to avoid cost inefficiency and unnecessary administration, and is a fair and reasonable method of apportioning Solid Waste Costs. (J) The use of the uniform method of collection authorized in the Uniform Assessment Collection Act provides a mechanism to equitably and efficiently collect Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal service, facilities, and programs allocable to specific parcels of Assessed Property within the County Solid Waste Urban Service Area. (K) The annual Solid Waste Service Assessment to be imposed pursuant to this Resolution shall constitute non -ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. (L) The Solid Waste Service Assessment imposed pursuant to this Resolution is imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provision of the Uniform Assessment Collection Act and the Interlocal Agreement with the Property Appraiser shall be construed as ministerial. (M) Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs furnished by the County provide a special benefit and possess a logical relationship to the use and enjoyment of Residential Property by providing: (1) Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs to the Owners and occupants of Residential Property for proper, safe, and cost effective disposal of Residential Waste and Recyclable Materials generated on such property, (2) better service to Owners and tenants, (3) the enhancement of environmentally responsible use and enjoyment of Residential Property, and (4) the protection and possible enhancement of property values and the health and safety of the Owners and occupants of Residential Property resulting from the uniform delivery and availability of such services, facilities, and programs. (N) It is hereby ascertained, determined, and declared that each parcel of Assessed Property will be benefitted by the County's provision of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs in an amount not less than the Solid Waste Service Assessment upon such parcel computed in the manner set forth in this Preliminary Assessment Resolution. E Packet Pg. 46 7.B.2.a SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES. (A) Upon the imposition of Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal against Assessed Property located within the County Solid Waste Urban Service Area, the County shall cause Residential Waste and Recyclable Materials management, collection, and disposal services to be provided to such Assessed Property. Solid Waste Costs shall be paid from proceeds of the Solid Waste Service Assessments. (B) The provision of comprehensive Residential Waste and Recyclable Materials management, collection, and disposal services and programs furnished by or through the County Solid Waste Urban Service Area to Residential Property enhances and strengthens the relationship of such services and programs to the use and enjoyment of Residential Property within the County Solid Waste Urban Service Area. SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF PRELIMINARY SOLID WASTE SERVICE ASSESSMENTS. (A) The Solid Waste Cost to be assessed and apportioned among benefitted parcels for the Fiscal Year commencing October 1, 2013, is approximately $4,897,525.80. The approval of this Preliminary Assessment Resolution determines the amount of the Solid Waste Cost. The remainder of such Fiscal Year budget for Residential Waste and Recyclable Materials services and facilities shall be funded from available County revenue other than Solid Waste Service Assessments. (B) For the Fiscal Year in which Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs are imposed, the Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcels' classification as Residential Property and the number of Dwelling Units for such parcels. A rate of assessment equal to $252.02 for each Dwelling Unit for Residential Waste and Recyclable Materials management, collection, and disposal services is hereby approved for the Fiscal Year commencing on October 1, 2013. In addition to the Solid Waste Service Assessments for Residential Waste and Recyclable Materials for the Fiscal Year, the Solid Waste Cost due from any property for prior Fiscal Years which is delinquent shall be assessed against such Residential Property. (C) The rate of the Solid Waste Service Assessments established in this Preliminary Assessment Resolution shall be the rates applied by the County Administrator in 10 Packet Pg. 47 7.B.2.a the preparation of the Preliminary Assessment Roll for the Fiscal Year commencing October 1, 2013, as provided in Section 6 of this Preliminary Assessment Resolution. SECTION 6. ASSESSMENT ROLL. (A) The County Administrator is hereby directed to prepare, or cause to be prepared, a Preliminary Assessment Roll for the Fiscal Year commencing October 1, 2013. Such Preliminary Assessment Roll shall contain the following: (1) a summary description of all Assessed Property within the County Solid Waste Urban Service Area conforming to the description contained on the Tax Roll, (2) the name and address of the Owner of record of each parcel as shown on the Tax Roll, and (3) the amount of the Preliminary Solid Waste Service Assessment for Residential Waste and Recyclable Materials management, collection, and disposal services. The Preliminary Assessment Roll shall be open to public inspection. The foregoing shall not be construed to require that the Preliminary Assessment Roll be in printed form if the amount of the Solid Waste Service Assessment for each parcel of property can be determined by use of a computer terminal available to the public. Such Solid Waste Service Assessment for each parcel of Assessed Property shall be computed by multiplying the assessment rate by the number of Dwelling Units on such parcel. A separate Assessment Roll containing the above information shall also be prepared for any Residential Property that is delinquent in payments of the Solid Waste Cost for prior Fiscal Years. (B) It is hereby ascertained, determined, and declared that the foregoing method of determining the Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal services (1) is a fair and reasonable method of apportioning the Solid Waste Cost among parcels of Assessed Property and (2) is an equitable and efficient mechanism to address payment delinquencies and recover funds advanced for Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs which are allocable to specific parcels of Assessed Property. SECTION 7. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 6:00 p.m. on September 3, 2013, in the County Commission Chambers, on the Third Floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of (A) receiving and considering any comments on the Solid Waste Service Assessments from affected property owners and (B) authorizing the imposition of such Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal and collection on the same bill as ad valorem taxes. 11 Packet Pg. 48 7.B.2.a SECTION 8. NOTICE BY PUBLICATION. The County Administrator shall publish a notice, as required by the Uniform Assessment Collection Act, in substantially the form attached hereto as Appendix B. Such notice shall be published not later than August 12, 2013 in a newspaper generally circulated in the County. SECTION 9. NOTICE BY MAIL. The County Administrator shall provide notice by first class mail to the Owner of each parcel of Assessed Property that was subject to the Solid Waste Assessment for the first time, is being assessed for a delinquency in the payment of the Solid Waste Cost for prior Fiscal Years or as otherwise required by the Uniform Assessment Collection Act, in substantially the form attached hereto as Appendix B. Such notices shall be mailed not later than August 12, 2013. For purposes of the Solid Waste Assessment, the amount of the assessment levied in Fiscal Year 2013-2014 shall be deemed the maximum rate authorized by law. SECTION 10. EFFECTIVE DATE. This Preliminary Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 16th day of July 2013. (SEAL) ATTEST: By: Deputy Clerk 12 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED FOR FORM AND CORRECTNESS: By: County Attorney Packet Pg. 49 7.B.2.a APPENDIX A DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA All that part of the unincorporated area of St. Lucie County lying east of the following described line; begin at the point Interstate 95 enters the County from Indian River County and run southerly along Interstate 95 to Angle Road; then run westerly along Angle Road to Florida=s Turnpike; then run southerly along Florida=s Turnpike to Picos Road; then run westerly along Picos Road to Gentile Road; then run southerly along Gentile Road to Okeechobee Road; then run easterly along Okeechobee Road to Florida=s Turnpike; then run southerly along Florida=s Turnpike to Interstate 95; then run southerly along Interstate 95 to Glades Cutoff Road; then run southwesterly along Glades Cutoff Road to C-24 Canal; then run southeasterly along C-24 Canal to Juliette Avenue; then run westerly along Juliette Avenue to Salvatierra Boulevard; then run southerly along Salvatierra Boulevard to Tanforan Boulevard; then run easterly along Tanforan Boulevard to Interstate 95; then run southerly along Interstate 95 to the point at which it enters Martin County. 13 Packet Pg. 50 7.B.2.a APPENDIX B FORM OF NOTICE TO BE PUBLISHED To be published on or before August 12, 2013 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS Notice is hereby given that the Board of County Commissioners of St. Lucie County, Florida (the ABoard@) will conduct a public hearing to consider imposing solid waste special assessments against certain improved residential properties located within the County Solid Waste Urban Service Area to fund the cost of solid waste management, collection, and disposal services, facilities and programs provided to such properties and to authorize collection of such assessments on the tax bill. The hearing will be held in the County Commission Chambers at 6:00 p.m. on September 3, 2013, or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the Third Floor in the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 days of this notice. If a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact George Landry, Safety and Risk Manager at (772) 462-1546 or TDD (772) 462-1428, at least seven days prior to the date of the hearing. The assessments will be computed by multiplying the number of dwelling units on each parcel by the rate of assessment. The rate of assessment for the upcoming fiscal year shall be $252.06 per dwelling unit. The maximum rate of assessment that can be charged in future fiscal years without additional notice shall be $252.06 per dwelling unit. Copies of the assessment roll, showing the amount of the assessment to be imposed against each parcel of property, and the legal documentation relating to the assessments are available for inspection at the office of the County=s MSBU Coordinator located on the Second Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. 14 Packet Pg. 51 7.B.2.a The assessments will be collected on the ad valorem tax bill to be mailed in November 2013, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If you have any questions, please contact the County at (772) 462-1631, Monday through Friday between 8:00 a.m. and 5:00 p.m. [INSERT MAP OF COUNTY] FAYE W. OUTLAW, MPA, ICMA-CM County Administrator 15 Packet Pg. 52 7.B.2.a APPENDIX C-1 AND C-2 FORM OF NOTICE TO BE MAILED 16 s 2 r 0 U) a� r N V- A O N co W w Packet Pg. 53 7.B.2.a APPENDIX C-1 ******NOTICE TO PROPERTY OWNER****** ST. LUCIE COUNTY, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM ASSESSMENTS St. Lucie County 2300 Virginia Avenue NOTICE DATE: August 12, 2013 Owner Tax Parcel # Address Legal Description: City, State, Zip As required by Section 197.3632, Florida Statutes, and at the direction of the Board of County Commissioners of St. Lucie County, Florida, notice is given by the County that annual assessments for solid waste services (garbage and yard waste collection) using the tax bill collection method, may be levied on your property. The use of an annual special assessment to fund solid waste services benefitting improved residential property located within the County Solid Waste Urban Service Area is a fair, efficient and effective manner to fund solid waste services. The total annual solid waste assessment revenue to be collected within the County Solid Waste Urban Service Area is estimated to be $4,897,525.80. The annual solid waste assessment is based on the number of residential dwelling units contained on each parcel of property. The following is a summary of the non -ad valorem special assessments being imposed on the above parcel for the fiscal year beginning October 1, 2013. The above parcel is subject to the solid waste assessment: The total number of residential dwelling units on the above parcel is _1_ dwelling units. The annual solid waste assessment for the above parcel is $252.06 for fiscal year 2013-2014 and shall constitute the maximum amount of the assessment for future fiscal years, unless a new resolution is subsequently adopted by the Board. A public hearing will be held at 6:00 p.m. on September 3, 2013 or as soon thereafter as may be heard, in the County Commission Chambers, on the Third Floor of the St. Lucie County 17 Packet Pg. 54 7.B.2.a Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed assessments. All owners of improved residential property within the County Solid Waste Urban Service Area were mailed individual notices similar to this one. Subsequent to this year, only owners of reclassified property which resulted in an increased assessment, or owners of property not included on the prior years assessment roll will receive updated mailed notice in addition to the annual published notice, provided that the amount levied does not exceed the maximum amount of the assessment as set forth herein. You and all other affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 calendar days of the date of this notice. If you decide to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the George Landry, Safety and Risk Manager at (772) 462-1546 or telecommunications device for the deaf at (772) 462-1428, at least seven (7) days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board=s action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the legal documentation for the assessment program are available for inspection at the Office of the St. Lucie County Property Appraiser, 2300 Virginia Avenue, Fort Pierce, Florida. The special assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November of each year that the assessment is imposed. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions, please contact the County at (772) 462-5112, Monday through Friday between 8:00 a.m. and 5:00 p.m. *****THIS IS NOT A TAX BILL***** IN Packet Pg. 55 7.B.2.a APPENDIX C-2 * * * * * NOTICE TO PROPERTY OWNER * * * * * ST. LUCIE COUNTY 2300 Virginia Avenue Ft. Pierce, Florida 34982 Owner Address City, State Zip ST. LUCIE COUNTY, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 13, 2012 NOTICE OF ASSESSMENT FOR AUNCOLLECTED@ SOLID WASTE SERVICE ASSESSMENT FEES DUE FOR FISCAL YEAR 2012-2013 (OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013). As required by Section 197.3632, Florida Statutes, and at the direction of the Board of County Commissioners of St. Lucie County, Florida, notice is given by the County that annual assessments for solid waste services (aarbage, recycling and yard waste collection and disposal service) using the tax bill collection method, may be levied on your property. The use of an annual special assessment to fund solid waste services benefitting improved residential property located within the County Solid Waste Urban Service Area is a fair, efficient and effective manner to fund solid waste services. The total annual solid waste assessment revenue to be collected within the County Solid Waste Urban Service Area for Auncollected@ solid waste service assessment fees is estimated to be $4,897,525.80. The annual solid waste assessment is based on the number of residential dwelling units contained on each parcel of property. The following is a summary of the solid waste service assessments that were erroneously not collected for the above parcel for the fiscal year beginning October 1, 2012. This amount is in addition to the solid waste non -ad valorem assessment for the fiscal year beginning October 1, 2013. The above parcel is subject to the solid waste assessment: The total number of residential dwelling units on the above parcel is _1_ dwelling units. 19 Packet Pg. 56 7.B.2.a The annual solid waste assessment for the above parcel is $252.06 for fiscal year 2013-14 and shall constitute the maximum amount of the assessment for future fiscal years, unless a new resolution is subsequently adopted by the Board. A public hearing will be held at 6:00 p.m. on September 3, 2013, or as soon thereafter as may be heard, in the County Commission Chambers, on the Third Floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed assessments. All owners of improved residential property within the County Solid Waste Urban Service Area were mailed individual notices similar to this one. Subsequent to this year, only owners of reclassified property which resulted in an increased assessment, or owners of property not included on the prior years assessment roll will receive updated mailed notice in addition to the annual published notice, provided that the amount levied does not exceed the maximum amount of the assessment as set forth herein. You and all other affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 calendar days of the date of this notice. If you decide to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the George Landry, Safety and Risk Manager at (772) 462-1546 or telecommunications device for the deaf at (772) 462-1428, at least seven (7) days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board=s action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the legal documentation for the assessment program are available for inspection at the Office of the St. Lucie County Property Appraiser, 2300 Virginia Avenue, Fort Pierce, Florida. The special assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November of each year that the assessment is imposed. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. 20 Packet Pg. 57 7.B.2.a If there is a mistake on this notice, it will be corrected. If you have any questions, please contact the County at (772) 462-3500, Monday through Friday between 8:00 a.m. and 5:00 p.m. *****THIS IS NOT A TAX BILL***** 21 N r A O N W Packet Pg. 58 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney 7.B.3 ITEM NO. RES-2013- 125 DATE: 07/16/2013 *CONSENT AGENDA\COUNTY ATTORNEY SUBJECT: Adoption of a resolution urging the Administration and Congress of the United States to preserve the current tax-exempt status of municipal bonds and reject any proposal that would reduce or eliminate the federal tax exemption on interest earned from tax- exempt municipal bonds. BACKGROUND: As a part of the ongoing tax reform discussions in Congress, plans have been announced to move forward on a framework for tax reform. The plan will essentially start with a blank slate; all special tax provisions will be removed from the tax code. It has been requested that this Board oppose this legislation. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the attached resolution and authorize the Chair to sign the resolution as drafted. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Packet Pg. 59 7.B.3 Coordination/Signatures ani S. Attorney 7/15/2013 aye W. Outlaw, County Administrator 7/16/2613 Updated: 7/16/2013 8:06 AM by Carol Bishop Page 2 Packet Pg. 60 7.B.3.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, URGING THE ADMINISTRATION AND CONGRESS OF THE UNITED STATES TO PRESERVE THE CURRENT TAX- EXEMPT STATUS OF MUNICIPAL BONDS, AND REJECT ANY PROPOSAL THAT WOULD REDUCE OR ELIMINATE THE FEDERAL TAX EXEMPTION ON INTEREST EARNED FROM TAX-EXEMPT MUNICIPAL BONDS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Several proposals are being discussed in the ongoing Federal budget negotiations that would either reduce or eliminate the current tax exemption on the interest earned from tax-exempt municipal bonds. 2. Florida state and local governments recognize that tax-exempt municipal bonds are an important tool for financing critical infrastructure projects, such as schools, hospitals, water and sewer systems, roads, highways and streets, public power facilities, mass transit projects, airports, solid waste, sanitation and recycling, multi -family housing, police and fire stations and equipment, bridges, tunnels and other infrastructure projects. 3. Florida state and local government investments in infrastructure improvements create jobs and enhance our communities. 4. Florida state and local government entities have financed more than $103 billion in infrastructure investments from 2003-2012 through the tax-exempt bond market. 5. If municipal bonds were fully taxable during this time period, it is estimated that the $103 billion financed would have cost governmental entities an additional $30.9 billion in interest expenses. 6. If the proposed 28 percent cap on the deduction for municipal bond interest for new and outstanding state and local tax-exempt bonds were in effect, that additional cost would have been approximately $10.8 billion. Packet Pg. 61 7.B.3.a 7. Changes to the tax-exempt status of municipal bonds would significantly limit future state and local government investments in critical public infrastructure, increase costs for Florida's governmental entities and, ultimately, pass the burden of higher construction costs onto all of Florida's taxpayers. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: 1. St. Lucie County supports the preservation of the existing tax-exempt status of municipal bonds. 2. St. Lucie County opposes legislative provisions that would repeal or eliminate the tax-exempt status of municipal bonds. 3. St. Lucie County opposes legislative provisions that would repeal, limit or "cap" the deduction for interest earned on new and outstanding municipal bonds. 4. This resolution shall take effect immediately upon adoption. After motion and second, the vote on this resolution 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 the 16th day of July, 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. 62 7.B.4 ITEM NO. (ID # 1427) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: PREVIOUS ACTION: FINANCIAL IMPACT: AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney DATE: 07/16/2013 *CONSENT AGENDA\COUNTY ATTORNEY Collective Bargaining Agreement - First Amendment to October 1, 2012 Agreement with Teamsters Local Union No. 769 The proposed First Amendment will impact the budgets of all departments with bargaining unit employees due to the wage increase under Article 32. Bargaining unit employees comprise approximately 29% of all BOCC employees (note: the total budget impact of the wage increase for all BOCC employees is estimated at $1,050,718 inclusive of salary and payroll matching costs). RECOMMENDATION: COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coord i nation / Sig natures ani 5. McIntyre, ou ty Attorney 7/8/2013 Sob sentkofsKy, Asslstailt County Admir,i�trato?/1 �/2D13 Packet Pg. 63 7.B.4.a FIRST AMENDMENT TO OCTOBER 1, 2012 COLLECTIVE BARGAINING AGREEMENT THIS FIRST AMENDMENT by and between the BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County", and TEAMSTERS LOCAL UNION NO. 769, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, hereinafter referred to as the "Union". WHEREAS, effective October 1, 2012, the parties entered into a Collective Bargaining Agreement, hereinafter referred to as the "Agreement", for the period October 1, 2012 through and including September 30, 2015; and, WHEREAS, Article 38, Duration of Agreement, provides for the parties to reopen one article each in February of each year of the Agreement; and, WHEREAS, the parties desire to amend the Agreement by amending Article 15, Transfers, Article 32, Wages, and Article 38, Discipline and Discharge, effective October 1, 2013 NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Article 15, Transfers, shall be amended as set forth in Exhibit "A". 2. Article 32, Wages, shall be amended as set forth in Exhibit "B". 3. Article 38, Discipline and Discharge, shall be amended as set forth in Exhibit "C" 4. This amendment shall take effect on October 1, 2013. 5. Except as amended herein, the remaining terms and conditions of the 1 Packet Pg. 64 7.B.4.a Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the dates below written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN g:\atty\agreemnt\union.k.1a.13.doc DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TEAMSTERS LOCAL UNION NO. 769 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA BY: DATE: :i'Jq 2 PRESIDENT BUSINESSAGENT Packet Pg. 65 7.B.4.a EXHIBIT "A" ARTICLE 15 TRANSF ERS Section 1. No change. Section 2. No change. Cartinn q The County Administrator may grant an employee's request to transfer to a lower paid job classification, provided the transfer is to the advantage of the County and/or results in better utilization of the education, experience, or interests of the employee. Upon such transfer, the rate of pay for an employee so transferred shall be paid at five percent (5%) less than his rate of pay at the time of his transfer if it is within the pay range for the lower paid classification, or five percent less than the top of the range for the lower paid classification, whichever is less. An employee transferred to a lower paid classification at his own request shall serve a minimum of six (6) months probationary period in the classification, provided, however, such employees shall not be entitled to a pay increase at the conclusion of the probationary period. An employee who is transferred to a lower paid position shall not be permitted to apply for a promotion to his former classification for a period of one (1) year following the effective date of his transfer to the lower paid classification. An employee who is voluntarily demoted shall not be eligible for a 5% increase if promoted to his/her former position or a position with the same or higher pay grade within one (1) year following the effective date of the voluntary demotion. Such employees shall receive the minimum of the pay range of the new position and shall not be eligible for an end of probation wage increase. 3 Packet Pg. 66 7.B.4.a EXHIBIT "B" ARTICLE 32 WAGES Cartinn 1 FY 2013 The County shall provide a lump sum payment of $1350.00 to each bargaining unit employee on October 26, 2012 assuming the Agreement is fully ratified by both parties on or before October 18, 2012. In the event the Agreement is not fully ratified by both parties on or before October 18, 2012, the payment will be included with the next available payroll which is issued a minimum of fourteen (14) days after the Agreement is fully ratified by both parties. FY 2014 Each member of the bargaining unit shall receive a $.65 or 3% increase in his/her hourly rate of pay, whichever is greater, effective October 1, 2013. FY 2015 The parties agree to re -open negotiations for general wage increases for FY 2014 and FY 2015 on or before February 1, 2013 and February 1, 2014, respectively. Cartinn 7 Upon promotion to a higher pay grade, each bargaining unit employee shall receive a five percent (5%) wage increase or the bottom of the pay range for new position, whichever is greater Cartinn q Except as otherwise provided in Article 16 (Promotions) and Article 16 (Transfers), upon satisfactory completion of the probationary period, an employee shall receive a five percent (5%) wage increase, effective with the first payroll period after completion of the probationary period Section 4. The parties acknowledge and agree that no member of the bargaining unit shall receive a Service Award bonus, as described in Section 3.06 of the Employee Handbook, or a Holiday Bonus 4 Packet Pg. 67 7.B.4.a EXHIBIT "B" duringthe period October 1 2012 throu ANTI LE 2 p g ding September 30, 2015. r a Packet Pg. 68 7.B.4.a EXHIBIT "C" ARTICLE 37 DISCIPLINE AND DISCHARGE Cartinn 1 Except as otherwise provided in Article 12 (Probationary Period), no employee covered by this Agreement shall be discharged or disciplined without just cause. To be considered valid, discipline will be administered within ten (10) business days after the completion of the County's investigation of the matter. If an employee elects to have a Pre -Disciplinary Hearing (PDH) then the disciplinary action, if any, shall be administered within ten (10) business days after the PDH. In the event of an accident, the employee will be notified within ten (10) business days of the Safety Committee's decision on the matter. All notices of discipline and discharge shall be in writing and signed by the applicable Department Head or designee. An original of the disciplinary notice shall be presented to the employee who shall acknowledge in writing that he has received the notice. Notice of the disciplinary action shall recite with particularity the action being taken and the reasons for the action. The Human Resources Department shall provide a copy of the disciplinary action to the Union. Subject to the provisions of Article 12 (Probationary Period) and Article 26, (Grievance Procedure), the disciplined employee shall have the right to grieve the disciplinary action, including discharge. Section 2. The parties agree that the County will not consider an employee's record of verbal warning or counseling when considering disciplinary action in a later case if the employee has not been disciplined in the twelve (12) months preceding the current disciplinary action. Section 3. The parties agree that the County will not consider an employee's record of written warning or counseling when considering disciplinary action in a later case if the employee has not been disciplined in the eighteen (18) months preceding the current disciplinary action. Section 4. The parties agree that the County will not consider an employee's record of suspension when considering disciplinary action in a later case if the employee has not been disciplined in the twenty-four (24) months preceding the current disciplinary action. M. Packet Pg. 69 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Heather Young, Asst. County Attorney SUBMITTED BY: County Attorney 7.B.5 ITEM NO. RES-2013- 126 DATE: 07/16/2013 *CONSENT AGENDA\COUNTY ATTORNEY SUBJECT: RES-2013-026 Florida Development Finance Corporation / Approving Issuance of Revenue Bonds by Florida Development Finance Corporation for Renaissance Charter School, Inc. BACKGROUND: Attached to this item is a copy of a proposed resolution which would approve the issuance of up to $20,000,000.00 of revenue bonds by the Florida Development Finance Corporation. The bond proceeds will be used to refinance the bonds issued in 2010 to finance the acquisition, construction, renovation and equipping Renaissance Charter School, Inc.'s educational facility located at 10900 SW Tradition Parkway in Port St. Lucie. On June 28, 2013, FDFC conducted a public hearing on the proposed bond issue. The notice of the public hearing and an extract of the minutes from the public hearing indicating no objections to the proposed bond issue are attached to the proposed resolution. The bonds will not constitute an indebtedness or pledge of the general credit or taxing power of the County. PREVIOUS ACTION: On November 27, 2007, the County entered into an Interlocal Agreement with the Florida Development Finance Corporation ("FDFC") to permit the FDFC to issue Enterprise Bond Program Industrial Development Revenue Bonds to finance projects within the County. On August 24, 2010, the Board adopt Resolution No. 10-230 which approved the issuance of $21,000,000.00 of revenue bonds by the FDFC for the Renaissance Charter School, Inc and Red Apple St. Lucie, LLC to finance the cost of refinancing the acquisition of 6.14 acres of land and construct a 100,500 square foot school building. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed resolution approving the issuance of industrial development revenue bonds by the Florida Development Finance Corporation to finance development of educational facilities in St. Lucie County by Renaissance Charter School, Inc., and authorize the Chairman to sign the resolution. Packet Pg. 70 7.B.5 COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES- Mowery, Hutchinson, Dzadovsky, Lewis, Coordination/Signatures i� Heather Young, Asst. County Attorney /11/2U13 Sob entkofs y, Assistarl County Admir i rato�/1 ./2013 Updated: 7/17/2013 11:35 AM by Shane A. De Witt Page 2 Packet Pg. 71 7.B.5.a RESOLUTION NO.2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA APPROVING FOR THE PURPOSES OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE ISSUANCE OF NOT TO EXCEED $20,000,000 OF INDUSTRIAL DEVELOPMENT REVENUE BONDS BY THE FLORIDA DEVELOPMENT FINANCE CORPORATION TO FINANCE EDUCATIONAL FACILITIES ON BEHALF OF RENAISSANCE CHARTER SCHOOL WITHIN ST. LUCIE COUNTY AND RELATED COSTS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS (THE "BOARD") OF ST. LUCIE COUNTY, FLORIDA: Section 1. Findings and Recitals. It is hereby found, ascertained, determined and declared: A. The Florida Development Finance Corporation (the "Issuer") was created by the Florida Development Finance Corporation Act, Chapter 288, Part IX, Florida Statutes (the "Act"), which provides, in part, that the Issuer may issue revenue bonds to finance projects in St. Lucie County, Florida (the "County"), for the benefit of approved Florida businesses to enhance the economic development of the State of Florida (the "State"), provided that the Issuer has entered into an interlocal agreement with the local governmental agency in which the project will be located; and B. The Issuer and the County have previously entered into an interlocal agreement, pursuant to the Act and the Florida Interlocal Cooperation Act of 1969, as amended (to the extent that the exercise of such powers is consistent with the purposes of the Act), which agreement remains in full force and effect, to permit the Issuer to issue revenue bonds to finance projects located within the jurisdictional limits of the County; and C. The Issuer intends to issue revenue bonds in an amount not to exceed $20,000,000 of its Educational Facilities Revenue Bonds (Renaissance Charter Schools, Inc. Project), Series 2013 (the 'Bonds"), in one or more tax-exempt and taxable bonds. The proceeds of the Bonds will be loaned by the Issuer to Renaissance Charter School, Inc. and Red Apple Development, LLC and/or one or more of their affiliates (collectively, the "Borrowers"). The Borrowers will use the proceeds of the Bonds to (A) finance or refinance the cost of (or reimburse themselves for prior expenditures for) acquisition, construction, renovation and equipping of an approximately 64,466 square foot building and ancillary facilities expected to be operated as educational facilities, located at 10900 SW Tradition Pkwy, Port St. Lucie, St. Lucie County, Florida 34987 (the "Project"); (B) pay costs associated with the issuance of the Bonds. 4845-9487-7972.1 Packet Pg. 72 7.B.5.a D. The Internal Revenue Code of 1986, as amended (the "Code"), requires that the Board as the highest elected body of the County, approve the issuance of the bonds by the Issuer after a public hearing has been conducted by the Issuer; and E. Notice of a public hearing conducted by the Issuer, as evidenced by the attached Exhibit A, was given in the form and manner required by law, as published in St. Lucie News - Tribune, a newspaper of general circulation in St. Lucie County, Florida on June 13, 2013, affording interested individuals a reasonable opportunity to express their views both orally and in writing, on all matters pertaining to the proposed Project and the proposed issue of Bonds; and F. An extract of the minutes of the public hearing held by the Issuer, containing all comments and concerns, expressed orally and in writing, are attached hereto as Exhibit B; and G. The Issuer has requested that the County approve the issuance of the bonds so that the bonds may be issued in compliance with the provisions of the Code; and H. It is desirable and in the best interest of the County that the Project be located within the County and that the proposed bonds for the financing of the Project be approved by the Board. Section 2. Approval of Bonds. Solely for the purposes of Section 147(f) of the Code, the Board hereby approves the issuance of the proposed bonds by the Issuer and the use of the proceeds to finance the proposed Project to be located within the County. Section 3. Limitation. The bonds approved hereunder and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of the County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement and/or other financing agreement entered into by the Issuer prior to or contemporaneously with the issuance of the bonds. The approval given herein is solely for the purposes of Section 147(f) of the Code and shall not be construed as an approval of any zoning application or any regulatory permit required in connection with such Project nor creating any vested rights with respect to any land use regulations, and this Board shall not be construed by virtue of its adoption of this Resolution to have waived, or be estopped from asserting, any authority or responsibilities it may have in that regard. Additionally, the approval granted herein shall not be construed as approval by the County of the financial feasibility of the Project or of any financial matters with respect to the Project, the Company or the bonds. The approval granted herein is subject to the condition that any offering or sale of the proposed bonds be accompanied by such offering documents as are necessary, in the opinion of counsel to the Issuer, to comply with the provisions of Rule 1 Ob-5 of the Securities and Exchange Commission, and that such offering documents contain therein a recital that such offering documents and the terms of and security for the proposed bonds have not been reviewed by and not been approved by the County and that the County makes no representations as to the bonds or the security therefore. Section 4. Repealing Clause. All restrictions or resolutions or portions thereof in conflict herewith are, to the extent of such conflict, hereby superseded and repealed. 2 4845-9487-7972.1 Packet Pg. 73 7.B.5.a Section 5. Effective Date. 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 M. Deputy Clerk 4845-9487-7972.1 By: Chairman APPROVED AS TO FORM AND CORRECTNESS: By: 3 County Attorney Packet Pg. 74 7.B.5.a EXHIBIT A COPY OF NOTICE OF PUBLIC HEARING [Attached] 4845-9487-7972.1 Packet Pg. 75 7.B.5.a ` SCRIPPS TREASURE COAST gi- St. Lucie News -Tribune 600 Edwards Road, Ft Pierce, FL 34982 CPPS AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, Tereliz Cloud, who on oath says that she is Classified Inside Sales Supervisor of the SL Lucie News -Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the attached copy of advertisement was publshed In the St. Lucie News -Tribune in the following issues below. Affiant further says that the said St Lucie News -Tribune is a newspaper published In Fort Pierce, in said St. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. The St. Lucie News -Tribune has been entered as Periodical Matter at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer BROAD AND CASSEL Ad Pub Number Date Copyline PO # 2525077 6/13/2013 PUBLIC HEARING HEARING 6/28/13 NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES Sworn to and subscribed before me this day of, June 13, 2013, by (, �� , who is Tereliz Cloud [X] personally known to me or [ ] who has produced as identification. If- C Z C CO) C N W a Go (L 3 t_O 7 _J n (� LL W Z I-- > a I W i rd � Q 2 !� t7 9 YG N 0cc `n a I= U IJi i C L C N c E 0 E La d d Z c a i O i > Q7 U Q co 0 -E C C IC S C ~ r S N K a G N N m °e L: L T f 9 = L Z P l_ 0 ��L 4 Q � VJ U Cee f f P F P " Z N f a -IS a -a- ar The (p C 0 r 3 T i AS L t� t f A 1 1 ! e cl f T O ' �jyRl 'M i Ra :4 l � 1 --------------- --- TCPALM.COII CLASSIFIED THURSDAY JUNE 13, MIS • SCRIPPS TREASURE COAST NEWSPA P E RS - E7 Find your Your Treasure way into - CA TENOLDE S MAS/, INC AS- AR W 111111JIN NPE: ESTATE Of wW.d nThe TO tRfpTo1K d Mdi Neese. i , . ,j, f M13 Coast Cyberspace Ultimate eMww[, Fum EFT -BALKED CER- M igBEREa. 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Jah.n,en, dU, WITHIN I MONTHS r, re twU bNvw. nrww9.lianrr,n.n WY�i °g°ia�ix xTn-T1N AL1%JflDING TO THE DECLARATION OF Country Club Drive, Sun. Pen St. Retort JOMmm�, We Rob.n Md Jo- RATER THE DATE Of TXE RUT PUB• All <ndlton of Ih. d...do. R Bu Nn: Coast tcpalm.com tcpaIrn.COm Q CONDOMINIUM RE- itT, Lu<l., FL 3fe.S. h....n, 4......d. LICATION OF THIS and other Fork— Mrinp Pub: Juno 13, 20. [ 1_ _J Classifieds classified facerraYWr2 S[efn'0. IMLiraM m [ CCROfO IN OFFI- CAL RECORD BOOK 66a, PAGE at ap, 17721 007•4370 at Mew t I". MM, acMddrd nun whpo ", d d•eth Apd N, 11 i. in des Crew NOTICE. ALL CLAIMS NOT FILED WITHIN THE alma or tl•mmtla aodMt ane.m•. whom 2ot3 TCC625N1 Classified S rrtw 1 oda Meop R erpen dRd AND ANY AMEND- NEWTS THERET*. ypr • ,n ca, e, I.- m•din.ly aeon n- pWlro Cvw iw Mww taw N• gloritla, Probn. TIME PEflI0D6 SET 10 H IN SECTION .tat cwy o/itit nab pyired to b. umd a b TREASURE Turn biryele TREASURE n TREASURE lF bwapwY OF THE PUBID RE- uMfey W. npiMe Divi+im, the add,on 733.)0] OF THE mITt AY tlnY obutlw. S Cr, Y.,w alMi2elaM CORDS Of MARTIN fan if IRA rim, be- fou dwNid bPM OXkA FLORIOA PROBATE CODE WILL BE FOR jaim+ with thi. Cal COAST Sell nO lorGer CAST Z Wfeq 2s2).ao COUNTY FLORICA; TOGETHER WITH the ..h.dul.d ppmrnca i+ I.++ Be. IDt I, Slu.rl, nerida an85. The EVERBAWIED. Coun WITHIN THE LATE R O F 3 CLASSIFIED nog idd CLASSIFIED ieemBTnrougm CLASSIFIED t F yl1 R<'oII l PRIM Part model THE UNDIVIDED IN- TEREST IN THE than ]ape; it you C. Madnp w voim .M ,ddmpe dtlu pw,A-, NOTWITHSTANDING THE TIME PERIODS MONTHS AFTER THE TIME OE THE Your Money yM.�m,.pv,j y,wpyn Coapp Yotr SOlrCefq lId dba dnuao. I_�b..rand n,w COMMON ELE• impart, uY 711. 6. Wdu "r• SET FORTH ABOVE• FIRST PUBLICATION Manager +.n6,�.w cl..HMA AQufdt Sale dy 10 2aU wnJx<IL lolly IYrn. Central elr• Mr/dr1.r. ES• Y. na->]l ma] MENTS DECLARED IN SAID DECLARA- TION OF CONDO. MINIUM TO BE AN Pub: J a 1f 2a1, M13 TCNi6note fmN rpmamYrvN, M,nd, am w rout tome. All .rrtllten of the ANY CLAIM FILED TWO Itl YEARS OR MORE AFTER THE DECEDENT'S DATE OF THIS NOTICE OR ]p PAYS AFTER THE DATE OF SERVICE Of A COPY OF THIS _ 1�., g• �q? - t_ - )Surf el M WisroaL7eN - gPAID PVROWE�LING UNIT. apj$'J PN hwb Iiq daiime w do M. a96M Gee OBAN0. A T X I S Th. d.t. oI the fin, MNpTIf�rON DIEM the de[ea . N i dT d I h d ➢. Mv SIN.fvM its - -M"p nWWdny n. wrod Mmi goes mwMn . dMY Mtlmn whlieniend Wo No- tleeb Min,K 201a. `.r.on, h Rpm+or drm.nd. p FLOMOA OEVELONAENT iINANd a«d umWW FrYo ]3.X Smrin .' irwn M..w, Ir .nr. Menpror IN THE CRLUIT COURT FOR M MN ` nd ro b. wn.d Mwnd pain.t the doer- Een,'e CORPOMTIOE Nolmhgea NBLD HURIxO m [royw tlw wn+in CY"w,wr INeIHf03eam IDS. Wsrol a °wn•`pdtM mh COUNTY.f�,l� _ Ftlo Ywr dNm. imthsmun WITHIN Repowruaow: Jamor J. MNdwY nuu mu+t Me Ufv d,im, wig FjntErnilYRn.nuo hod. of i�eee. .. ."°,twin a �Ee� Cerrle a* "a. lusu.l berm.. a.i A. of th. In prndrn. d.kn WUM FILE ND.: i1aA CP THE RAT ER OF THREE MONTHS 2CkkMwaod Lan. Naw,X, CT Or61 hi. Won WITHIN] MONTHS AFTER d.d, nMubk.nhy pWen lM M. Elo,ba J. n+on. ADA Q .!..Soma• Feet 1..n iGa61R, nRa, N due A. Yes wI.. IN Be Men OF AFTERTNETIVIL01" THE FIRST PVBLI- my lee PuwMI Mpa.Mmw THE DATE OF THE FIRST PUBLICATION 0.yNspmrm FiMme Cor"rwion •FDFCIINKhad.pu�lichewingm JYu WwdMaa, ISO NEV Covm CIuh ONm. rY Puoirh: Jun U... Nq N1 P,r- Ity In fh. Norte carelina DATED IM. G du of SALLY M. SAVA• PFSE CATION OF THIS lhomaA Ew. OF TH6 NOTDi. . ]G] ar 11Od,.m., a n won UMaalx n 0.vNop •` TM Eelm SY:u 31 ], Pen SI. Fuel., fl IIee6, TCI]StIHS �iMvlol^[ n.ar lnr. fn1AN. law, e'Y17. U. FHSPCM MAROER. PA. De,wrwl- NOTICE OR G DAYS AFTER THE GATE OF SERVICE Of A 7N Colored° Sham fbiM GSM P2 =3 ALL CLAIMS NOT FILED WITXIN THE TIME PERI S SET enr•<deaNe t [ounc0 of St. Luck, WumY, Inc., Coe leenad at Indk,n RN.r Sun CelNpa, IN]]I B01-Il)0 .1 a 1 «Y. b.b,. NINE CNCUIT COUNT OF THE TCWGIR ` NFGeam➢lM.m dot+ll [: iPAOE CENTRE NOMF TO CREDITORS COPY OF THIS NO. FL Ber No 2WQ6 FORTH CTION STEM BuiMinp IBd1dro SL SO NW Vli- lorni, eHd, P t G. Lud., Fl ]{116, in YMa edN«Ntl pP.[t<n e,, er JIIOIWI iaero<wn l�d WfIro75Ku SOUTH, SVITF 7N 1N WEST C"NN` All PERSC NS TICE ON THEM All .,he, creditor, al P Jwwt,AM' TLNaMSM 133,7F2 OF THE FLORI DA PROBATE , lion wild a.. M V m de at ft id W. #D,Ow.a.a ImmedYndY Ytyon Ina , ton NAND FOR ST.LVCF000NTY. CtEER ROAD TORT LAUD IE HAVING EMAN S AGAR OR DEMANDS AGAINST tlIr dwrdmt W pee- hrylro NNma a1 N THE tlNCJIT CODE WILL BE FOR, EVER BAR el M to .Ywn el e, Eden ;...I F.pliuo. Ron Bond[ Ins Prejonl. nett/ien(an it Ib. li Oalare the ROOM R xla T.. ST. THE ABOVE ESTATE: Youar. ker.p np Ewn,M. rpe+w U. d.nd. COURT FOR MARTIN COUMyy, P�qa NOTWITH6TAMONG IR.Nivauo W,rnr SUeN, fiwi.e f011 pM 'Bela.'I Y eu e. Won me a e h • d u 1 • d 21n WIFpY.➢ i CAM -- 1lSp G] SCS Red tlw, .n Ordw .t See 1, Adminl.- n,+. trt. m " $I' door dais AI PIIOBATE gV61011 FBa Ne: TNF TIME PERIODS SET FORTH ASOYE. r. I tax pimp orb rouNa Mnet, The .1 dw Bona wBl M Soma p",r,nw h lee, �h.n) dryk ii Yeu OCWEN lOAN EERY - r FerM I- Wq e�ttn t `n h.. b.m m. N W.-W EM TMREE MONTHS 1a0001MCPAYAIK ANY CLAIM FILED TWO ]YEARS OR rumor b t FDFC ro R.n,innn [4. n.r tided. U. • •l Madnp a v,im impal.d, -..MIT RUC, Fla. HIX �d S E'ub'N2 I E"w d AFTER THE DATE Of qE: ESTATE OF FT ER THE IrY„M/ 0.rNopm.p, haler •n er sl M,ir •nXinn ALAINAUOAN,.e1. IJ un"`uwtM NG7 weIn) Sal1Y M. SnaN., Gnu.d, "-' Nwhe Of THE fIRBT PUB CARMEN O MARCH DECO E OATS Iaell..4 1h•1•Benownd TM Publl.b: JvM 13.Ia, Sewmsd.Yna 9FF fm ll- Iwn1Y.N,ipweN! W 1337e fp M IRA b IICATION OF TNq NCOCF. CYST, Dawapd. A T Of D F A T M IS f DEATH BAPMM Bwra m. wkl u.o 14. prowre. el tn. BorM to MI fn.m, w r"immv des m. Tot2 TCNt6t51p/ 0.Yn0,r.b. gmk,w.mw G,tuk Caen Gr. I Ww Iw N.n n ALL CLAIMS NOT Th 1 la el .h T d Iw nMMrw Mem.ein ro, D,br v RE-NOOC OF SALE atpN Emn12' Wu Naeae, Prm TILED WITXIN THE TILED PERIODS SET NOTICE P b Ice,i.n 1 q pM,bkur.+ twl ewubman, wnnrvwJ.n, N THE CMff COURT OF THE PURSUANT TO C AFTER 16 Anl gmYwmn! Eau Dur Fan, f la Number 1]-)7E LP: FORTH IN SECTION { i tion Nd apdppnp el an approni eN eWF Nuen lop 6uHdrp wb wr NINETEENTH NO710E HEREBY S Bl TamRe Mipwph E.W VM eddnn al wit" 71],)0] Of THE IF FNOBATE 1, •S " �{ - to dleryI .peeled Ma WWm ANSTCRWn NAND EDIT OVENpx amro Final Jutlpm, n, of L fYMe 8r Ne. Martin County Cou,th P.O. CODE WILLBE FOR Mg E. •dueal FecNlw, br rod eI 1pld6 6W Trad'nlen PYwy, Psn G. Lucn, St. Ludo ST. LUCK COUNTY. Feu<IO.YIe aerie i Nt]U1 Ben M/5, GuwI.-0 EVER BANNED. NOTWITHSTANDING blurry, Florid..Pool hhr •PreNa'1: and FLORIDA Od•6.1 Talk. 2011. and m m ordp w ,0151Jan NOS �Yw.n."non WU 3N.b: Joe Nx Ora- d.mY al d0"k THE TIME PERIODS IN THE CRCJR COURT MARTN COUNTY. IN AND TOR FLORDA MI "Y mp. woel"M with ,M bwem. oNe BoM,. USE NO, 6EMI2-G-OO,Y1 aeltup lvdici.l .•lo 1 duMry Mee lwga an pMdmhe rM April E f0,] prig IbY SET FORTH ABOVE ANY CLAIM FILET{ Cx, No: ISp CA The Ne' br Ay LlardiK TOAOE, INC., m iwu np nfwHw N mY. cloud Mad ro pxdcl"Y M 1M tpalof h a • t., ' a TNO DI YEARS OR MORE AFTER THE JPNORGAN CHASE BANK. NATIONAL Mp wY ewmd eM r 1 A. Barrawen. M ,HAwa of W,mr PMinR, ,, 2 n, and on- ar d in En. No. W. reurdin7, You e NMd,km ma b7a.e,ie Ina top Mn,m. and ad- 'yp, OECE DE NT'S DATE ASSOCATION M. f. Sthool, USA. 1n will be Ibe initi.l manpw of tla Pmj.el MDHAEIRfIDMAE ap10GaN3eed Ue Cirwil Ceu. 'M nwro,M ppdau d nnNn m.Wawn. d SN ,nAp p a 0 F D EAT. 1 6 BARED' GAYNOR LOFTHOUSE{ONO AIKIA GAY IT. 5ond. ,n M.n➢ aped and., M. Soria flora, On.lepmenl ' MY AND ALL UfF KNOWN PARTIES -1 Ime JYdielel Cho L t' M.ne eonta" Cer. wham II boon ,� u, Pn The dn. of U. Mn NOR A. LOFTNWSE•CONOE, A6 iRUW u of 1h. Einnelnp Carpont"n Aet of 1N3 CLAIMING BY. In and Isr S,. lad• Cewty Flsdd.. d Cwn E. Do.. n 100 E. Oee.n 'I E. Grp, ZVIl -JiA ofthil m- du i, Jum0.a01), TEE OF THE GAYNOR A. LOFTHOUSE CONDE REVOCABLE TRUST UNDER pa Wed 1m. 'AOYI. lha SonM FM1a{ M m. d TXROUOX, UNDER, AND AGEo<ua Laum Z 91rA., FL NMn SryeNp 106 WwW,d We Ponma Rgwem AGREEMENT DATED JANUARY S• aON; IraYmp� ImnN W otlUi.f Hn.nNnp HEREIN NAMEDTIM DIVIDUAL MEN- SwvidnpO.LLC, 1. do M.mi1 1 ne ALAIN •y yy� IaB .6). dp. w•a' ND ] ALL INTERS S T EO m. Hots Ann Jp1u.M FERNAN CONDE: UNNNOWx TENANT I; UNKNOWN TENANT 11; GAYNOR LOFT m ro M -ad ho Mo FDFC Nd tM Bwrewwt pies ro a e.Mwnpwe Mr Z. CANT 61 VINO ARg TO • AUDMN. Daland.n.+, IM1• t MbeVw eahbuNtl p...nw, w PEpeONb AN NO- M1E0iHAT: T11 NE XHYery Wdp DI, - HOUBFCONO AIIVA GAYNOR A. LOFT- HOUSE -COO THE UNKNOWN SET dY Ib InITm. of Me Bud, Swbr W the beeml Hnnon All NOT MOWN BE DEAD OR ALIVE• Cloth W the Coup _ W Sr 1 Ymwwd'NnN uwm re eaDalY slwE ide yyN,i.•,ipd ,ppp All voMm 0 ft Jaam badkR SOS/ TLORS `L BENEFICIARIES OF THE E-00NDE AIK/A i kun w iMeY.dmaa w Wrayy dtM I,udile1 dM. WNETHER. SAID UN KNOWN PARTIES wD eeK ro Mr ma mul ban N°••r III ,•�' Ipe r C•^ if lM dmo Mir. tlw Hw.n T7hmilr lot. of IRA damd.n, Mr IMn tMo. I., °y,,,` Atlwnry b P.nmN RA GAYN) R-L0FTH0U S GAYNOR GAD1A.". E-CONOE, AS p Ww� ` poeo[,I °hr Swa al ileddr a my Edviibn MAY CLAIM M N- A. n.h in Ue Juu nhelulatl appear Ohl. then 1 om prar:aon for hp`nmtativ, Jordan FNMu, Efpulrt F HE TRUSTEE OF THE GAYNOR A. LOAJLSU REVOCABLE TRUST Wry Uwwf. Him— el the Seed. C T f REST A S -ra.7-1 won of Mo G. Ludo Co.., V drys ff yes ert Mw „-.n, w,f made nee DIM d Sum R Ber No.3N716 AGREEMENT 0. ]ONq �w it dory ddaullwnmtSlieMil ud ramgt ul DEVISEES. GAiJIi- .hova.• mood ]1S S. and Sue., Ma voles Ynp,YW, dl lit. may Adminiprnien dl Cana Av.w. SI-M fl- WASHINGTON MUTUAL SIJ FA. A FEO EMERALD LAKES of ery ,Ppwvd. Icr lhr linaminp. Tb, M EES, OR OTHER CLAIMANTS; CITY er Tort RwaA Rai« PW: Jw. 1a. MUMS TCO6 MS WITH Mo Mi rMimr IA 1A 1. Ceurl Phone: Intl 21601N hCOnJI7M-ITA EMl ASSOCIATION; TDWNHOMES HOMEOWNERS ABSOCM- THAL INC.; EMERALD LASES -HOME- ,I,remmtbned n.olre ah„1 a yyddY mnUq W ,q, Pwwm rM Wry M Mweepd wN MS. aI .pponudM OF PORT ST. LUCK CAPITAL ONF BANK. e 11:Op A.M. en Rho ]Oth due C N THE COOT WITHIN THREE lil NE Of TER P,d,ndlipdw, wn gyN(pb ASSOLMTN111, NC, W a un Mown'Min, daNaw, tm, m M MNd mnaarrYnp tM ram. Wrmm Wry abo M mbnpad w NATIONAL ASSO- GIATKN."a ]u13. MINlowirp "aporryIV (V COURT O THE IIINfTEENTN THE DATE OF THE DATE FIRST PUBLICATION OF TNS NONE. W,l Ppn Ilpaaw P.b:Jw 0.,a. 2➢13 pxxow, a1d .1Mr unlnewn known ewer ro bY. h orb � xw Nami poor tlw he.Hro r tlw Florid. Dewbpmml FL nv Wrpwabn o, ew Nonh WpmYe D.N d.64 adaaANibad Mnh .n mr Sam..,Y FI^.I A.LC BICJIT VIAND Fog MARTIN ALL CLAIMS AND TfN752JGg df alum. -ad DIE ( Arena., Sulu 11d0, Od,nd., Fledda N0110E OF BALE NOTICE I6 HERESY MdSnImL ro wk C GOWN, N.oF DA MAN DS NOT 50 FOR N THE CIRCUIT D.Yndem. nan. d5l.led to the ExonW. DI„dw. I Cpmnwry made a he head" .0 M IM GIVEN ENd,rrol to% I1, 91wk 1977. ,I CIVIL ACTION USE N0. FLED WILL BE • EVER BANNED. COURT OF THE MXETEENOI NOTICE OF ACTION &,ak,n .114 Geremw d Me Gw o n find Eumm,rY Jud men. Pen G. Ludr S..ion T D"a •n°'fr w� U {)-Nt6Gma17F NOT TIME PERIOD JUDICNL CNCUITIN la Hahm •M'MD Mo WM the MFC'$ w MbnkmeY Yb. p IFa„crorvw deed M. ➢ Ih. p1+. Li DIVISION; Tt""✓:. THE SET FORTH ABOVE.AYMOR ANY CLAIM FILED AND TOR MARIN COUN7Y, FLORIDAROND1 LOFTHOU SE•CONDE AIKIA GAYNOR A- LOFTHOUSF•CONDE. AS ALL PERSONS FOR OR AGAINST SAID h 21, 2013, w- nd In Clrrl Con !Aowei, m nmreb plot Besl 13 Pap„f7E Q W E L L S F A R G O -- B A N K. N A NE TWO t3f 00. MORE CAFE NO.: 1]-70eO TRUSTEE O THE GAYNOR A LOFTXOU• AE•COMGE REVOCABLE TRUST UNDER APPROVAL CM BL NEAPD AT 6ND TINE AND PLACE. E A PERSON DECIDE 7O No. SO a loWt ] CA st W.%! d tM PuONe Row,4 b u'C OR 9Y MERGER TO WFW YEARSS AfTFR THE OECEDEMT'g DATE IN RE: THE ESTATE OF CNARLES R. AGREEMENT MTED JANUARY a 20r ARPML AMT DECISION MADE BY THE U. [ir- 1 91. Luck, Co.-. Ebrid.. NOT. UNDER 11Cl2iDD6 HAk1E f A R G O X O M E O F. D E A T X I S MI TC N f L L Ill, Nit SE YmlosonG U, MAC WITH RESPECT TO BUCX XFAPoXG OR MEETING WILT REED TO ,A Judl.i.I cJI^Y W br G. L. Ann Aadnw 3771 r LAW MJPiUANT TO SECTO MUM. AIOATGAGE NC. pMORT WME0. THE PATE OF FIRST CNARlE6 MTOIELL , STUART, FL Nm) OR SHE ENSURE THAT A APILATEM RECORD OF SUCH HEARING OR YEF7NG M MADE I. WYnly Frorid. Nhwan the C.,[ of see [atop. Stun, Pan 6dn, Lune• iL r FLORIDA STATUTES w PUBLICATION IS TXIS NOTICE IS NOTICE 613 BE WWOSONG IN AITm STUART. A.-7 VON ON RECORD INCLUDES TXE the Greek Cwn WY a dNNI Ilnrnf and NOTICE 15 HEREBY MIG7MEL J. HART• d 1, D.Yndrg6 Jw.10.2013. TO CIIEDIIOIS IEMJMDO LONOE TESTIMONY AND EVIOE NICE UPON WIKII THE APPEAL K BASED. eider for e..�lh oFd y.... P ��end tMnin GIVEN Mat he um don^pno0. da,irinb Pw+on Oh'Y'yy NoH TM .dmINwW. h , . f I a t r o 1 I a a 1 t h a as ma3 SE WINDSONG Ifl STUART, R,:1 In ,pwre.me wick It. Amolmn wile O+aMYM, Aq, ",wm naedro a rp,ciN M• )M dry of MN. ? .1 11:00 A.M. ar ,s L < • 1, Sup- yy [ Mer Acd NOTICE OF RESOIfDMFD ALLEN SAVAAM 1.9 WeeYb W •eYY R. ELL CNARLES GR ce otl„I,n M. pntitlpne in Mk, '% IRA Jury Aeaan6N Ree SR. Lu[le Inelue.! a�h�e<<<uri y n Pl.inlilt'f Wen- el Ike tieuo name of Sol. So :,'Saudi,, i.udiea of FORECAGNE SALE Add. NO 27Mf AnornY Ier Ppnn Gidro Nab: aNr MITCHELL, d.. _me pd«ro d«ah STUNT, RE_7 lM AFT 7]] S1V,tPT,R]ar) pe Mile ,hould mmaat .a. iDFC m C,I IMn tiNN .yFyF'p gYnnco- a` y tmY. C,dnh tn! INmin9 I Pilla..A locaud eett OGA BY0., NOTICE IS HEREBY GIVEN pur.un, to E,YM Gwb.rp M TO 1, i. pmdin0 Y tM Gm,h GAYNOR LOFTHOV6ECON DE AIKIA GAYAAM A. LGFMOU]EIVNOE yolro WtalloM,w IMIpb0FN6. Merges me C. Fioild. i<euoPi[nli: 't'W w�ea n in .6. Suit, 4711, the CounlY of P,Lm naMr RnMdW-RSo Irp M.dewr. bob No: M NO wKep Speer, Owm.p. Gr. IRA WYn b,MaYnCwn• tII••, Flaid., P,eb.tr LN 51335ER UP? STUART., R GN) FLOI.DA OVFLOPMENT FRANCS rr M. hllowiro dnplMd pap.ru .arduf lunch Yem • le, It any. -'he' t�•n ne Q Baaoh M Me LfM of PNm &ad Gpdmr, da,M Mu 2d, 2Y13 m enured In Car. l.Yn Be Owdem, Dhiahm me udr.+, a#e" d wNah ie P.O. Ma P-0- DR 012 SEWNDSONG LN AFT 723 hbi,l:J 13 ]01] COWOflAOOP! M ^•I ludpw.L.e wN erea d of Fla t FYAda YNi. nIW. to thr aid N0. {i-3010•CA•FL OEpi]3 d IRA CYnIA 3N11 I5.111J601G 5t FL G.% TM naM DIM SMART, R Grl TDX)5)WP LOTS iB AND le rho pond nFM, m I Ill. ..let. n, .nr e' er^ wltn Mo OwF Court of the NINE. Ip NII-2 Pub. Jun. 13, 70, •ddno. of th. pm THE UNKNOWN SETTLORS AND BENER Y 'r • L2 1 BLOCK }31{, PORE IW. N dour A., bead- s I Wr bnr ppeew d U. HwiG p+eporr TEENTN JudNla CI, In WIND MAR. Ntf I,aprepntam- Wdw"rmna to CIARIES OF THE GAYNOR lOFTHOU6E 4 � 'THIRTY ST. LUCIE SECTION THPEF nt of But. Tdia TIN Coum , Flodd. TC13Eaip15 npp,do"' biI :BLE CONDE AIRM OAVNOR A. LOFTHOUSE- CONDE. AS TRUSTEE OF THE GAYNOR :�. A 111111111111 DE { ACCORDING TO THE Dead Mn 11 dp al U" 2N3. II M..w ibb. - .MwNn WELLS TAW GO BANK. NA IT COURT WANDFIR .." All c 2..'r of the ENDS AGREEMENTUSE-CONDE REYOCAIAN TRUST UNDER AGREEMENT GATED JANUARY N7NEUNT OF a COUNT OF Ind bnt hddo, Iw a oh the Jury Ae- PL.IT TNEREOF, RE- CORDED IN PLAT BOOK 15PAGE 1, all: 8ndryaSmMS V Dawe a SIuaL Fbrid<IIv. ]rtl dry SU CCE550R BY MERGER TO WElLB MARTIN COUNTY, FLORDA d.a.d.nt and o[ha1 pawn. h.vkq tlamr WE ADOE98 UNKNOWN THE NNETEENTH CBDUT Pm LIy Ream, t.t PUBLIC RECORDS d Jum. 7a13. Sat Saw Pena , F A R G 0 HOME MORTGAGE. INC. 1. PROBAre "SIM CASE NO.: ISa1SCP d.m.ntl. ,"loft ".dom'+ UNKNOWN iENANTI JUDICNL NANO FOR N.NT LUCE Flcer 11. S.]nd NNM Ft. Rrrm FL Ne, n_11:00'AM O 5T. LINE COUr TY. TLORID.0. F.Bw Nee M. L.w Be 1 d CLARFIELD CIA: lLC he Pel.tifl Ind MICHAEL J. HART; SNAmn RL, RM97�OUG IN mGEENERAL lollowlnp Gw�ib W �edw`MI i Cpb,p SALO�E E PN- Pub J 1] 3012 TCNlh26Ge BETTY LYNN "ART }PMOROAN CHASE UNKNOWN TENANT It JUMSDIL110N pp pMq a+ M Nth .n Inter DIY 01°. 1,om IRA S. lee Ma.Ii s BANK, M SUMM SO BY MMGFA TO .1. SE VAND60NG IN SNARE, FL 3NN DIVISION USE NO. 14f01aG<0.lw i ne wlpmwn, ro J wR • h. if a^y. other 1M Hi. V tY Jn. S YkA ,^ 600 Wp P,Nn Y.etl•. EL WASH OMAI NU TVAL BANK FA A e LAST KNOWN ADDRESS STATED, OLWEN LOAN EERY LOT 1.. BLOCK 121 PORT ST. LUCIE ' ,Iw el the U. P.M.. III.. d.im node (Mo-1- N THE D FEDERAL ASSGCM TION: OAK Rf06f CUWNTMSIDENCEUNKNOWN IQNG. LLC. SECTION TWENY , WNde ad eaN +Nn pbaampoaw.W.w.c COURT Of THE 111E OF SMART HOME OWNERS ASSOLIM YOU ARE HEREBY NOTREO Ma'an anon PWniN, SEVEN, ACCORDING T 0 T H E P E A T me nb 11 YYee 1'so I JUMgAL OMTIRN TON, BIC tlw eroredon Monpspr eoroYN the lopw4q ,M "nonal po"rN da,WMtl ae bh KENNETH D. PER- SINGER AMIA REIN 1NEKEOF CORDED YN A6 RE- PLAT f u • p.nan wMa yrwM n a o d a n Y AND FO1MRlft MUNN,R m Datend. Th Cork of IA Co." - COURT la, ENEMLD RAKES NETN PERSINGER, N. BOOK 14 PAGE S. y FNW ;kOy ee emne0ni.n ie PISS Na: ^III ..H t tM A .. NET.m! UNIT 1En. PHASE %, ACCORDING TO TXE PIAf CHERYI PER• SINGE, ".1. 6A THRSUOX PVBI" RECORDS !1. . emmedallon in idr. ,a p.nlaDep erOw to P.n..pou in ,M1i+ pr.u.dmp. 1]10pFFJ110I/N ea Ind M t bidd wh /� `Vp THEREOF. /S RECORDED IN PIAi a00K 13. PACE SO. 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POLY By: 0.b6ie Flohyaod DamuryCYn he Plaln,ilf and KENNETH D. PEA- F1W. Bw NoJSN2 Her tlm, 6.1.,• Sk• , a h . d Y 1 . d .. 6 e d u 1 • d ll-e - Ed I... I NOTICE IS HEREBY -CITY, FL I11N Any p.nw elabinp RO02 NM SINGER AnUA KEN- $We Make Fq17pa ppoaro t b :,, men 7 dryk it yov ; GRElI lot o w Innis, M U. w- oanm Npbn M+om wYh gfYBNw:Xyww, wkhadMNlh/ta�o Mr. arNa NETH PERSINGER: CX ERYL M. PEN- =Ba::11 IbMMa4 AmdwT IMn) day,; it you ., herin9 a volm • pond, nY 7lf. ; 1. O<tr•r er Ftoel Juepmwt awnrW M INa M. U. mh,t to," No adaide m wan m 1.n{Npa. In Ulf SINGER AIKIA CHF- a 5a a id. R .n h.ednp pvpn tm"IrW,aa1111. Publirh: June S,t], -IOOB� CAO M d IRA a- popany Om1M m a he oat. of M, Lie " ' 1 pwwdllp, you Pre .,dkY4 a w eM dRM a?^ a -.M .u1a ne. ..WGo m RYL PERSINGER; JMIORGAN CHASE Aowlwya M McMiX FIOp Csnpaw p,epkp, p,pe, END, G1] TLN2Ei]4t loh(hufi6o , 11 ' GIrI el IRA 10TH hnd.m up me . CwrN Jduwm ADA Cowdl NW CoweY Cub DHw,5W T7, BANK, N.A NVER- SIDE NATIONAL Awm., SuM m0 Bea Rron TYRO. FM: 19377 pM•d.lppkh MW ro, MARIIX CwnlY. TroddA wAwdk TNF Halm w{thi elaY 1501 d.va ]her ,he We TCPalm.eom/ Pest SL LW+, FL aaM.. gill N711M In.7 d.w Mbn yow aNMUM m1Yl ,P w.hnnodipNY upon ntavvwwqq«n a BANK OF FLORIDA; UNKNOWN TEN- ANIE w. des Ddan )DNI If .r.. auto 1.9 B.1h w M,I. rawee, Mi0 Far BANK OF NEW MONK MELLM FKA THE BANK OF NEW 1. A WdY a Mfad.uAPL p.!`wrp, nwM"iwI tiu MbnW wMdrk,d You Ppnn.,, u h.. ,h"l y d.yk A yes, an AnrnpwvwnndwM,sai]1,. tlanl al laarph Smhk p tM Ca,k p tl1. GrwA WYn wR You P.1a wnh,dbMi, who n + . d , a n .etemmaduien in 21237 kfaprrqq Addrw.: Y MoekWardwNlSUn wo °ip1 classifieds ado U.0 VORK AS TRUSTEE P.G. Boa N01• PYM Ju" la, w, N,3 - ..II 10 th kighe.t arde, to pptiti"n Site EirMorya Packet TOR TNF CFRi.f.- Twne . Fbride Pg. 77 7.B.5.a EXHIBIT R EXTRACT OF MINUTES OF PUBLIC HEARING [Attached] 4845-9487-7972.1 Packet Pg. 78 7.B.5.a Florida Development Finance Corporation Florida Development Finance Corporation Extract from Report of Public Hearing EXTRACT from the report of the Public Hearing held at The Economic Development Council of St. Lucie County, Inc., located at Indian River State College, STEM Building (Building S), 500 NW California Blvd., Port St. Lucie, FL 34986 on June 28, 2013 regarding the proposed tax-exempt issuance by Florida Development Finance Corporation ("Corporation") of its Educational Facilities Revenue Bonds for Renaissance Charter School, Inc. ("School') for the purpose of finance or refinance the cost of (or reimburse themselves for prior expenditures for) acquisition, construction, renovation and equipping of an approximately 64,466 square foot building and ancillary facilities expected to be operated as educational facilities, located at 10900 SW Tradition Pkwy, Port St. Lucie, St. Lucie County, Florida 34987 (the "Project'). Present on behalf of the Corporation was Bill Spivey. Also present was Jackie Bylsma who was neither for nor against the Project. Mr. Spivey announced that public notice of the hearing was given according to statutory requirement of the Internal Revenue Code Section 147(f). No objection to the Project was made by any person either at the hearing or by written communication prior to the hearing. The Corporation finds that the Project is an eligible project pursuant to the Florida Development Finance Corporation Act of 1993, as amended, and to have met applicable criteria. For this reason and for economic benefits that will accrue to the community, the Corporation recommends approval for the Project by the St. Lucie County Board of County Commissioners and by the Governor of Florida. Packet Pg. 79 7.B.5.a FLORIDA DEVELOPMENT FINANCE CORPORATION Educational Facilities Revenue Bonds, Series 2013 Renaissance Charter Schools Inc. for Renaissance Charter School at Tradition TEFRA Public Hearing June 28, 2013—11:00am at Indian River State College, STEM Building (Building S) 500 NW California Blvd. Port St. Lucie, FL 34986 ATTENDANCE LOG Packet Pg. 80 ITEM NO. (ID # 1413) J DATE: 07/16/2013 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\COUNTY ATTORNEY TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisitions Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Contract for Sale and Purchase - Jenkins Road Improvements - Malka Lina - 3550 South Jenkins Road - Pond site and Road right- of-way Parcel 2430-322-0004-000/4 (portion) BACKGROUND: On March 5, 2013, the Contract for Sale and Purchase between the County and Malka Lina was presented to the Board of County Commissioners and approved. The property was to be used as a pond site and road right-of-way for the Jenkins Road Improvement Project. As part of the County's due diligence a Phase I Environmental Site Assessment was prepared by Ardaman & Associates. Ardaman & Associates suggested a Phase II Environmental Site Assessment be done on the property because of buried debris and surface debris that was found. Dunkelberger Engineering & Testing performed the Phase II. Their test pit exploration identified buried construction and demolition (C&D) debris in an area roughly 120-ft. x 40-ft. and 6-ft. deep. The debris consisted of cobble to boulder -size concrete rubble with lesser amounts of wood fragments and scrap metal, estimated if screened at approximately 550 cubic yards. Total volume of the soil/debris mixture is estimated to be about 1,100 cubic yards. C&D debris was also found in the area to be used for right-of-way. The debris was estimated about one truck load of surficial debris such as concrete rubble, truck tires, truck body parts, scrap metal, wood and PVC pipe. Public Works asked Dunkelberger to prepare a cost estimate for removal and disposal of the debris at a licensed landfill. Dunkelberger provided the County two options, see attached correspondence. Public Works does not feel proceeding with the clean-up would be cost effective. County staff informed Ms. Lina of the findings on her property. She had no knowledge of what was found and was very upset that this could cost the rejection of her contract. Ms. Lina offered to pay half of the $60,000.00 and have the $30,000.00 subtracted from her contract. This offer was presented to Public Works and rejected because they felt that the $60,000.00 was the least it could cost and could be more considering what was found when further digging was done, it was still not cost effective. County staff sent a letter dated May Packet Pg. 81 7.B.6 23, 2013 and suggested that if Ms. Lina wanted to clean the site herself, it would be cheaper and to let us know if she plans on proceeding with the clean-up. To date we have had no response. PREVIOUS ACTION: March 5, 2013 - Board approved a Contract for Sale and Purchase in the amount of $150,000.00. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board cancel the Contract for Sale and Purchase with Malka Lina, pursuant to Paragraph 22 of the Contract and the findings in the Phase II Environmental Site Assessment. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coordination/Signatures r iankS. McIntyre,lt`ou�ty Attorney 7/3/2013 Sob entkofs y, Assistalt County AdmirJr trato/1 ./2013 Updated: 7/12/2013 9:20 AM by Missy Stiadle Page 2 Packet Pg. 82 7.B.6.a N 'qr Y-&7 MALKA LING PROPERTY-3550 JENKINS ROAD W*E 0 332413328 3351 € 3314 13318 3332 3350 5536 �i 3380 5606 4 1ALTMAN-RD 3401 5695 5605 5676 3406 1 5531 3550 3646 DISCLAIMER St, Lucie Couny mahee n anly, rapresentailp egty qs Io the cenfen!, saquartm, a raq, llmellness, wcompleteness of any o.'pre peotlale intormatiun provided herein. The reader aM1euld,of rely an Irhe defe provided here�nforr ernyreasan. 5!. L- County avpllclilytl,adaims eny lepr¢xnmumsantl warranties, Inclpdiny, wi!ho ul I!mita lion the implied entiasof melchantebiityendfi;neasforeperpcularpurp— SL Lucie County sM1ell nssume no liabilitylw 1 Arty errora,o ip Na in(orma¢on p: -d regardl¢ca of now —, or 2. Any dedks on made or echo, !akrn p! npf lake, by any pore- in rel'wnce upon any i,t9 matipnporda!a lurn!ehee hereunder. 5496 0 0.01 0.02 0.64 0.05 0.08 Miles Packet Pg. 83 7.B.6.b � C) --2) PROJECT NAME: Jenkins Road Improvements PARCEL: Malka Una Parcel 2430-322-0004-000/4 (portion) CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day ofl) 2013, MALKA L1NA whose mailing address is 2465 NE 209thTerrace, Miami, FL 33180-1041 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenues Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to self and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price One Hundred_ Fifty Thousand, 00/100 Dollars, determined to be the rounded total of the following: $150,000.00 Real Property Parcel I.D.2430-322-0004-000/4 (portion of) 71 713.00 Other Improvements and damages upon the property (Exhibit "B") $78,287.00 payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title Packet Pg. 84 7.B.6.b insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No -Lien Affidavit as to realty. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the z Packet Pg. 85 7.B.6.b property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before April 30, 2013 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law 3 Packet Pg. 86 7.B.6.b and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required documents, shall be deemed default of the SELLER. 4 Packet Pg. 87 7.B.6.b 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as s Packet Pg. 88 7.B.6.b of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereuntp affixed their hands and seals. EXECUTED by SELLER this �� day of ftZCAr`J—S: 2013. r [ 61A�z - LO Witne s MALKA LINA Wit ess s Packet Pg. 89 7.B.6.b STATE OF FfO;rJa COUNTY OF i-v-)" The foregoing instrument was acknowledged before me this '2�L nd day of 2013, by MALKA LINA who is personally known to me or who has produced a driver's license issued within the last five years as identification. ` *111�kq_ Angel Ma .` n ., W g•I.�$ Notary Public _z State of Florida s s�Q My Commission Expl" 10/05/15 Notary Public My Commission Expires jo�cas�l," A K S,� l Mac f k s (Printed, Typed or Stamped Name of Notary Public) r EXECUTED by PURCHASER this a4tc day of , 2013 ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIECOUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS 7 Packet Pg. 90 7.B.6.b EXHIBIT "A-1" _ N89'19.51"E — — NORTH LINE T SW 114 SECTION 30 I� I LD N � E ' c z i ' r N89't9'51"E EAST LINE 30' W 1/2 OF NW 1/4 OF SOUTH LINE OF NW 1/4 OF SW 1/4 I NORTH 245' SECTION 30 FFk a cn — o I? rn REMAINDER w re 1.3 Acres. a rn 57066.6 SG.ft. Z J Lu k g N89'2433"E {f rn Ca 60.61 i - o ' PROPOSED AC ACQUISITION IQ 1.7 Acres SE CORNER 73859.1 Sq� ft. m; W 112 OF NW 114 OF NW 1/4 OF SW 1/4 SECTION 30 — 310.27 E I NOTE: PD °C I SEE SHEET FOR POINT OF BEGINNING LEGAL DESCRIPTION. E O' 100, SW CORNER SECTION 30, T-35-S, R-40-E SCALE: 1" = 100` THIS IS NOT A SURVEY p SKETCH AND LEGAL DESCRIPTION BOARD OF COU•p��,�; fY�Q $ QNERS R E N OF A PORTION OF UNA PROPERTY SAINT LUCIE �.vLirl., . WA Pusuc DORKS D>6P'l. BNGII�iG DMSlON. JENKINS ROAD SiTRVi1f SECnDN mo �° RIGHT-OF-WAY ACQUISITION =00 , rase FmM" n=A Z4"2 Packet Pg. 91 7.B.6.b EXHIBIT "A-21P Legal Description: Jenkins Road Right of Way (Lina Parcel) A parcel of land lying within Section 30, T-35-S. R-40-E, St. Lucie County, Florida. Said parcel being more particularly described as follows: Begin at the Southeast corner of the West '/z of the NW '/4 of the NW Y4 of the SW '/4 of Section 30, T-35-S, R-40-E; thence S 89` 29'19" W along the South line of said NW '/4 of the NW'/A of the SW Y. a distance of 310.27' to a point on the East right of way line of Jenkins Road; thence N 00' 20'40" W along said East right of way line of Jenkins Road a distance of 421.26' to a point on the South line of the North 245' of the West'/2 of the NW % of the NW %. of the SW /4 of Section 30, T-35-S, R-40-E; thence N 89* 19' 51" E along said South line a distance of 30'; thence S 05' 46'09" E a distance of 211.53'; thence N 89° 24' 33" E a distance of 260.51' to a point on the East line of the West'/ of the NW Y4 of the NW'/4 of the SW Y, of Section 30, T-35-S, R-40-E; thence S 00' 16'49" E along said East line a distance of 211.06' to the Point of Beginning. Said parcel containing 1.696 acres more or less SURVEYOR NOTES: 1. This is not a survey. 2. The above legal description was prepared by the undersigned surveyor and mapper 3 Bearing Base: The East line of the SW '/4 of Section 30, T-35-S, R-40-E is taken to bear N 000 20' 40" W and all other bearings are relative thereto. 4. See sheet 1 of 2 for sketch of legal description. CERTIFICATE: I hereby certify that the sketch of legal description represented hereon, dated this c?2 day of4T' , 2012, is true and correct to the best of my knowledge and belief, and meets the Minimum Technical Standards set forth by the Florida Board of Surveyors and Mappers in Chapter 5J-17.052, Florida Administrative Code, pursuant to Section 472.072 Florida Statutes. NOTE: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER •".'� PROFESSIONAL SURVEYOR AND MAPPER RONALD H. HARRIS STATE OF FLORIDA NO. 4198 p`.d SKETCH AND LEGAL DESCREWt1pN 11"UAKI} U!' CUUN i COMMI ' U111,�:1i di= A aORT10". DF LINA PROPERTY SAINT LUCIE COUNTY, F d IDA Pw _ PUBUC WORKS DEPT., ENGINEERING DraMO JENKINS ROAD SURVEY SEMON RIGHT -OF-WAY ACQUISITION 23W VIL* A=.. loll[ PMXCE1_J141 I7 A UOU Packet Pg. 92 7.B.6.b EXHIBIT "B" Cost to Replace Site Improvements and Acquisition of Property 211-feet of fence $ 650.00 1 Small Palm tree 7,520 sq. ft. of sod 880 sq. ft. concrete driveway Total Cost to replace improvements Damages to the remainder parcel Value of site —1.696 acres TOTAL $ 30.00 $ 5,640.00 $ 1,760.00 $ 9,287.00 $69,000.00 71 713.00 $150, 000.00 10 Packet Pg. 93 7.B.6.b EXHIBIT KV SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES 11 Packet Pg. 94 7.B.6.b EXHIBIT "D" CONTRACTS, LICENSES AND AGREEMENTS u Q 12 Packet Pg. 95 7.B.6.b EXHIBIT "E" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 13 Packet Pg. 96 7.B.6.b EXHIBIT "F" POLICIES OF INSURANCE u Q 14 Packet Pg. 97 7.B.6.c UNKUDE U R o Fort Lauderdale engineering & testing, inc. Port Saint Lucie . Sarasota www.dunkelberger-engineering.com . West Palm Beach St. Lucie County Board of County Commissioners May 20, 2013 2300 Virginia Avenue Project No. PSL-12-3521 Fort Pierce, Florida 34982 (BG 22.2) Attention; Ms. Janet LiCausi...via e-mail (licausfj@stlucieco.org) Property Acquisition Agent Subject: Phase H Environmental Site Assessment Malls Lina Property 3550 S. Jenkins Road St. Lucie County, Florida Dear Ms. LiCaush INTRODUCTION Dunkelberger Engineering & Testing, Inc. (DLWKELBERGE10 has completed a Phase II Environmental Site Assessment (ESA) in connection with the above -referenced property located in St. Lucie County, Florida. In general, our services involved test pit exploration to check for the presence _of buried debris, collection of soil samples, laboratory analysis of the soil samples for selected contaminants of concern (COCs), comparison of the analytical data with State of Florida soil cleanup target levels and preparation of this summary report. N N PROJECT CONSIDERATIONS AND BACKGROUND a We understand that the St. Lucie County Board of County Commissioners is considering acquisition of the site for the construction of a pond for stormwater management. The north leg of the site (about 30 B feet wide) will remain as vacant right-of-way. r w a Ardaman & Associates, Inc. (Ardaman) recently completed a Phase I BSA for the subject site on behalf of the County to evaluate for potential environmental issues. The Phase I ESA identified a single recognized environmental condition (REC) in connection with the property, this being evidence of possible landfilling activities within the southwest portion of the site. Specifically, areas of disturbance were noted in historical aerial photographs and partially buried construction and demolition (C&D) debris were observed in the same area during site reconnaissance. Ardarnan hypothesized that the buried debris (if any) may include contaminated soils, petroleum products and/or potentially hazardous waste materials that could have adversely impacted soil and groundwater quality. Ardaman also indicated that"the C&D debris (if any) should be evaluated for the presence of asbestos containing building materials (ACBMs). State of Florida Board of Professional Engineers Authorization No. 6870 Tot[ Frey (877) 643,6832 Packet Pg. 98 7.B.6.c St. Lucie County Page 2 Project No. PSL-12-3521(22.2) Ardaman recommended that a Phase 11 ESA be performed to explore for the presence and nature/ volume of the buried debris. They concluded that soil and/or groundwater analysis may be needed should deleterious buried debris with the potential for environmental impacts be identified. TEST PIT EXPLORATION On April 26, 2013, a senior environmental technician of DUNKP-LBERGFR coordinated and directed the excavation of exploratory test pits within the portion of the site identified by Ardam.an as possibly containing buried C&D debris. Specifically, the area of exploration was located along the west side of the site adjacent to South Jennings Road. The work area was moderately vegetated; therefore, access paths had to be cleared to provide access for the excavating equipment. Large native trees such as oak and pine tress were avoided during the work program. A total of 12 test pits were excavated within the area of concern as shown on Sheet 1. The test pits were excavated using a Takeuchi TB285 hydraulically controlled backhoe and extended to depths ranging from six to eight feet below land surface (bls) over lengths of five to eight feet. Logs and photographs of the test pit exploration are provided in Appendix A. C&D debris mixed with brown sand was encountered in two of the 12 test pits (TP-1 and TP-12) from ° U the ground surface to a depth of six feet bls. The debris mostly consisted of cobble to boulder -size concrete rubble with lesser amounts of wood fragments and scrap metal. The debris to sand ratio was about 1:1 on a volumetric basis. No soils with unusual odors or staining or deleterious materials such as drums, tanks or containers used for the storage of regulated substances were found within the test pit N excavations. Likewise, no potential friable ACBMs were identified. Of note, surficial debris such as concrete rubble, truck tires, truck body parts, scrap metal, wood, PVC pipe and cardboard were observed in the vicinity of TP-2, TP-8 and TP-10. The groundwater level was encountered at the a approximate maximum depth of exploration (i.e., 8 feet bls). E Based on the results of the exploration we estimate the buried debris to exist within an area roughly 120 feet (north -south) by 40 feet (east -west) in plan size. It also appears to extend off -site toward the Q west and to the east of the northern leg. Assuming an average thickness of 6 feet and a 1:1 debris to soil volume ratio, we estimate that approximately 550 cubic yards (cy) of buried debris exists at the site. This volume estimate assumes that the debris has been screened from the finer fraction of the material. from a complete removal and replacement perspective, the total on -site volume of the buried soil and debris mixture is approximately 1,100 cy. We also estimate that about one truck load (20 cy) of surficial debris exists near TPR-2, TP-8 and TP-10. The areas of buried and surficial debris are shown on Sheet 1. UUNRUDEUUEU Packet Pg. 99 7.B.6.c St. Lucie County Project No. PSL-12-3521(22.2) SOIL QUALITY EVALUATION Soil Sampling Page 3 During the test trenching, our technician collected two soil samples from the test pits where debris was encountered (Test Pits TP-1 and TP-12). The two samples of soil, which consist of sands intermixed within the C&D debris, were obtained from the interval occupied by the debris (i.e. upper six feet of the profile). The soil samples were placed in laboratory supplied (pre -cleaned) containers, transferred into an ice filled, thermally insulated cooler and transported to Palm Beach Environmental. Laboratories, Inc. (PEEL) in West Palm Beach, Florida for analysis. Soil Analysis The soil samples were analyzed for the used oil group parameters which include volatile organic compounds (VOCs) using EPA Method 8260C, semi -volatile organic compounds using EPA Method 8270C, total recoverable petroleum hydrocarbons (TRPH) using the FL -PRO Method and the 8 RCRA metals (arsenic, barium, chromium, cadmium, lead, mercury selenium and silver). This regimen of analytical parameters covers a range of contaminants such as petroleum, solvents and heavy metals which are contaminants that would be expected to have a high likelihood of occurrence under these conditions. The complete laboratory analytical report for the solid media and associated chain -of -custody record are included in Appendix B. A summary of the analysis results for parameters which exceeded their 04 respective laboratory method detection limits (MDLs) is furnished in attached Table 1. 0 N �a The analyses did not yield any concentrations of semi-volatiles above the laboratory MDU Low a - concentrations of the VOCs 1,2,4-trimethylbenzene and naphthalene, TRPH and the metals arsenic, barium, cadmium, chromium, lead, and/or mercury were found in the samples. However, as shown in E Table 1, none of the concentrations exceeded their applicable residential direct exposure or leachability soil cleanup target level (SCTLs) per Chapter 62-777, Florida Administrative Code (FAC). .2 a It should be noted that the metals arsenic and lead do not have default leachability SCTLs and synthetic precipitation leaching procedure (SPLP) tests are needed to evaluate if these contaminants have the potential to leach from the soil into the underlying groundwater. Leachability Testing Given the above, SPLP tests for arsenic and lead were performed on soil sample TP-1 since this specimen had the higher concentrations of arsenic (1.0 milligrams per, kilogram - mgfkg) and lead (23.3 mg/kg). The purpose of the SPLP analysis is to evaluate the leaching potential of arsenic and lead from the soil/debris into the groundwater. The SPLP method uses an extraction fluid consisting of sulfuric and nitric acids with a pH of 4.2 to simulate acid rain for geographic areas cast of the Mississippi River, Packet Pg. 100 7.B.6.c St. Lucie County page 4 Project No. PSL-12-3521(22.2) SPLP testing of the sample did not produce a concentration of arsenic in the extraction fluid above the laboratory MDL of 0.4 micrograms per liter (gg/L). Similarly, the concentration of lead produced in the test fluid (0.7 g,g/L) was less than the laboratory practical quantitation limit for this metal. Neither of the concentrations exceeded the maximum contaminant levels (MCLs) in groundwater of 10 lcg/L for arsenic and 15 g.g/L for lead per Chapter 62-550, PAC. Based on these data, the concentrations of arsenic and lead .in the solid media are not believed to have a significant potential to impact groundwater quality. CONCLUSIONS AND RECOMMENDATION DUNKELBERGER has completed test pit exploration within an area of suspected buried C&D debris identified by Ardaman during a Phase I ESA. The exploration found buried debris to exist within an area roughly 120 feet (north -south) by 40 feet (east -west) in plan size by six feet deep. Assuming an average thickness of 6 feet and a 1:1 debris to soil volume ratio, we estimate that approximately 550 cubic yards of buried debris exists within the site. This volume estimate assumes that the debris has been screened from the finer fraction of the material. The total volume of the soil/debris mixture is estimated to be about 1,100 cubic yards. We also estimate that about one truck load (20 cy) of surficial debris is present near the locations of Test Pits TP-2, TP-8 and TP-10. Laboratory analysis of fill material samples obtained from. the debris area did not identify any le contaminants of concern above applicable residential direct exposure or leachability SCTLs. Likewise, leachability testing of a fill sample showed that the concentrations of arsenic and lead present in the N solid media have a low potential to impact groundwater quality. N �a The surficial debris should be removed from the site and properly disposed of at a licensed landfill or a recycling facility. With regard to the buried debris, complete removal and disposal would be the best (i.e. lowest risk) option for handling the debris, but this may be cost prohibitive. Order -of -magnitude t costs for removal and disposal of the buried debris were recently provided to you as a separate submittal, w a Alternatively, the County could choose to leave the material in -place since the buried debris does not appear to pose a significant environmental threat to the soil or groundwater quality as no contaminates of concern were identified by laboratory analyses. However, it should be noted that leaving the debris in -place would leave the possibility of future settlement of the ground above the buried debris, and may present limitations (e.g. special permitting requirements) for the planned use and/or to future site development. Di'}NKMERGER Packet Pg. 101 7.B.6.c St. Lucie County Project No. PSL-12-3521(22,2) LIMITATIONS OF STUDY Page 5 This work has been conducted for St. Lucie County to check for the presence of buried debris within a portion of the site identified by Ardaman during a Phase I ESA and to evaluate soil quality impacts within the debris/ fill material. It should be recognized that all but the most exhaustive studies could fail to locate a localized event of hazardous waste or petroleum uncontrolled dumping. DuNKF_LBERGF,R warrants that the findings, conclusions and recommendations presented herein are based upon recognized practices for performing Phase Il ESAs. No other warranties are implied or expressed. on We trust that the information provided herein is clear and understandable. Should you have any questions concerning the report contents, please feel free to contact us. Very truly yours, DUNI BERGER ENGINEERING & TESTING, INC. Andrew Petrie, P.G. Project Manager FL Registration No. PG2788 3521(22.2)rpVap cc: Addressee (2 copies) —via -E-mail and US Mail Attachments: Sheet 1 - Test Pit Location Plan Table 1 - Summary of Soil Analytical Result Appendix A - Test Pit Logs and Photographs Appendix B - Soil Laboratory Analytical Results DUNKELBERSER ,�qCraig E. Dunkelberg , P.E. Principal Engineer FL registration No. 49932 w a Packet Pg. 102 7.B.6.d DUNKELBERGER engineering & testing, inc. www.dunkeIberger-engineering.com Memorandum To: Janet LiCausi —St. Lucie County . Fort Lauderdale . Port Saint Lucie . Sarasota . West Palm Beach From: Andrew Petrie, P.G. — Dunkelberger Engineering & Testing, Inc. Craig E. Dunkelberger, P.E. — Dunkelberger Engineering & Testing, Inc. Date: May 15, 2013 Subject: Order -of -Magnitude Cost Estimate - Removal of Buried C&D Debris Malka Lina Property St. Lucie County, Florida Project No. PSL- 12-3521 (BG 22.2) Dunkelberger Engineering & Testing, Inc. (Dunkelberger) has substantially completed a Phase II Environmental Site Assessment (ESA) at the above -referenced site. Test pit exploration performed as part of the Phase II ESA has identified buried C&D debris in an area roughly 120 feet (north -south) by 40 feet (east -west) in plan size by six feet deep. The debris mostly consisted of cobble to boulder -size concrete rubble with lesser amounts of wood fragments and scrap metal. Assuming an average thickness of b feet and 1:1 debris to soil volume ratio, we estimate that approximately 550 cubic yards (cy) of buried debris exists within the site. This volume estimate assumes that the debris has been screened from the finer fraction of the material. From a complete removal perspective, the total on -site volume of the buried soil and debris mixture is approximately 1,100 cy. It should be noted that the C&D debris appears to extent off -site to the west and east (i.e., off the pond acquisition property). We also estimated that about one truck load (20 cy) of surficial debris (concrete rubble, truck tires, truck body parts, scrap metal and wood, PVC pipe and cardboard) is present near the locations of Test Pits TP-2, TP-8 and TP-10. Observations made during test pit exploration and laboratory analysis of the finer fraction of the C&D debris for a range of parameters (semi-volatiles, volatiles, petroleum, solvents and heavy metals) has identified no contaminants of concern in the material. The purpose of this memorandum is to provide order -of -magnitude cost estimates for the removal and disposal of the debris (both surficial and buried) at a licensed landfill. We are presenting two options for the removal of the buried C&D debris. The first is complete removal of buried C&D debris (both debris and intermixed fill soils) and disposal of the material at a licensed landfill. The second is the screening of the larger fraction of the C&D debris (concrete) from the fines and recycling of the concrete material. This option would result in only larger debris being recycled and the fines remaining on -site to be used as fill soils. From a risk perspective, we consider Option 1 to be of lower risk than Option 2 since all foreign material would be removed from the site using Option 1. Provided on the following page are summaries of the order -of -magnitude costs associated with the two State of Florida Board of Professional Engineers Authorization No. 6870 Toll Free (877) 643.6832 Packet Pg. 103 7.B.6.d St. Lucie County May 15, 2013 Page 2 options. It should be noted that we have assumed in our cost estimate that no replacement material will be imported to fill the excavation since there will presumably be fill readily available during pond creation. We recommend that you add a 25% contingency to the order - of -magnitude cost estimates to account for variation in debris volume (both area and density of debris relative to soil) as well as changes in market costs for earthwork activities and landfill disposal/ recycling. TABLE 1: Option 1— Complete Removal and Disposal Task Order -of -Magnitude Cost Mobilization of men and equipment $2,500 Excavation/ loading of surficial and buried debris (1,120 cy): 2,000 tons @ $10/ton $20,000 Transportation: 2,000 tons @ $6/ton $12,000 Landfill disposal of buried debris: 2,000 tons @ $41/ton (garbage rate) to $19/ton if qualifies as C&D material* $82,000 to $39,000 Landfill disposal of surficial debris: 30 tons @ $41/ton $1,230 Restore excavation using soil excavated from on -site pond: 1,100 cy @ $6.50/ cy (cost to place into debris excavation; does not include pond excavation cost) $7,150 Engineering coordination, oversight and reporting** $12,000 ESTIMATED TOTAL $136,880 to $92,880* ORDER -OF -MAGNITUDE COST ESTIMATE: $90,000 to $150,000 Notes: Fee assumes 1 cubic yard = 1.79 tons or —132 pounds per cubic foot. The fee assumes that no replacement material will be imported to fill the excavation. Fill will come from excavation of on -site pond. The unit rates fees are estimated current fair market costs which are subject to change based on market conditions and landfill availability. **indicates that fee does not include additional testing (analysis) or regulatory involvement. DUNKKLNKRGKR Packet Pg. 104 7.B.6.d St. Lucie County May 15, 2013 Page 3 TABLE 2: O tion 2 — Screening of the Larger Debris/ Recycling, Fines Remain On -site Task Order -of -Magnitude Cast Mobilization of men and equipment $5,000 Excavation/ loading of surficial and buried debris (1,120 cy): 2,000 tons @ $10/ton $20,000 Power screening of buried debris: 4 days @ $1,200 day $4,800 Transportation of sorted debris: 1,000 tons @ $6/ton $6,000 Concrete recycling: 1,000 tons @ $6/ton) to $19/ton if debris does not qualify for concrete recycling $6,000 to $19,000 Landfill disposal of surficial debris: 30 tons @ $41/ton $1,230 Restore excavation using soil excavated from on -site pond: 1,100 cy @ $6.50/ cy (cost to place into debris excavation; does not include pond excavation cost) $7,150 Engineering coordination, oversight and reporting" $12,000 ESTIMATED TOTAL $62,180 to 75,180 ORDER -OF -MAGNITUDE COST ESTIMATE: $60,000 to $85,000 Notes: Fee assumes 1 cubic yard = 1.78 tons or .-132 pounds per cubic foot. The fee assumes that no replacement material will be imported to fill the excavation, Fill will come from excavation of on -site pond. The unit rates fees are estimated current fair market costs which are subject to change based on market conditions and landfill availability. "indicates that fee does not include additional testing (analysis) or regulatory involvement. The preceding notwithstanding, we believe that there would be some cost savings (e.g. reduction or elimination of mobilization) in performing the removal and disposal work during project (pond) construction since heavy equipment and crews would already be on -site. D'UNKELBERG R Packet Pg. 105 7.B.6.e t g' May 23, 2013 Ms. Malka Lina 2465 NE 209th Terrace Miami, FL 33180-1041 RE: ' Contract for a portion of Parcel # 2430-322-0004-000/4 Dear Ms. Lina; County staff met to discuss your offer of $30,000,00 towards sharing the clean-up costs of your property. Although County staff appreciates your willingness to offer a compromise, County staff believes that the County cannot take the risk that the costs will come in on the low end of estimate in which your offer was determined. Since the County already offered to purchase the property on the high end of what the appraiser determined the property was worth, County staff believes these additional costs are not warranted. It is possible that if you contracted to remove the debris, you could possibly have it done cheaper than the County. If you did decide to have the property cleaned and properly disposed of, we would still want a test showing that the site is now clean of debris when it is completed. At this time, because of the condition of the property, as indicated in the environmental audits and because of the magnitude of the known and unknown liabilities resulting from the undisclosed disposal of debris, County staff will recommend that the Board terminate the contract. Yours truly l et LiCausi r perty Acquisition Agent Enc. Cc: County Attorney Public Works Director County Engineer Road and Bridge Manager CHRIS DZADOVSKY, District No. I • TOD MOWERY, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON. District No. 4 • KIM JOHNSON, District No. 5 County Administrator - Faye W. Outlaw, MPA 2300 Virginia Avenue - Fort Pierce, Florida 34982-5652 - Phone (772) 462-1711 - Fax (772) 462-1440 website: www.stlucieco.org L) �a L c 0 CU c E L (D r M c J Packet Pg. 106 7.B.6.f > : June 19, 2013 Ms. Malka Lina 2465 NE 209th Terrace Miami, FL 33180-1041 RE: Contract for a portion of Parcel # 2430-322-0004-000/4 Dear Ms. Lina; Since we have not heard from you regarding if you are willing to clean up the debris from the property and because of the condition of the property, as indicated in the environmental audits also the magnitude of the known and unknown liabilities resulting from the undisclosed disposal of debris, County staff will recommend that the Board terminate the contract. Yours truly J et LiCausi o'4 ' Pr perty Acquisition Agent Cc: County Attorney Public Works Director County Engineer Road and Bridge Manager CHRIS DZADOVSKY, District No. 1 . TOD MOWERY, District No. 2 + PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • KIM JOHNSON, District No. 5 County Administrator - Faye W. Outlaw, MPA 2300 Virginia Avenue - Fort Pierce, Florida 34982-5652 - Phone (772) 462-1711 - Fax (772) 462-1440 website: www.stlucieco,org Packet Pg. 107 7.B.7 ITEM NO. (ID # 1425) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: 07/16/2013 AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division *CONSENT AGENDA\COUNTY ATTORNEY Permission to Advertise a Public Hearing to declare real property surplus property As authorized by Section 125.35, Florida Statutes, the Board of County Commissioners adopted Ordinance No. 02-18, Ordinance No. 10-029 and Ordinance No. 11-014, prescribing an alternative method to sell and convey real property owned by the County. Section 1-16.2-6 requires the County to publish a notice in a newspaper of general circulation once at least twenty (20) days prior to the Board of County Commissioners' hearing in which the real property is to be declared surplus. PREVIOUS ACTION: June 18, 2002 - Board of County Commissioners approved Ordinance No. 02-18 - Disposition of Surplus Real Property. August 17, 2010 - Board of County Commissioners approved Ordinance No. 10-029 amending Section 1-16.2-6 of Ordinance No. 02-18. May 3, 2011 - Board of County Commissioners approved Ordinance No. 11-014 amending Section 1-16.2-4 of Ordinance No. 02-18. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve permission to advertise a Public Hearing to declare fourteen (14) parcels surplus real property on August 20, 2013 at 9:00 a.m. or as soon thereafter as may be heard. COMMISSION ACTION: Packet Pg. 108 7.B.7 RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coordination/Signatures ILI Lipi S. McIntyre, ou ty Attorney 7/8/2013 ob entkof y, As ist- i ounty Admir/,i"trato2013 Updated: 7/5/2013 1:29 PM by JoAnn Riley Page 2 Packet Pg. 109 7.B.7.a Parcel ID Acreage 2012 Assessed Value 1301-615-0142-010-5 .01 $100 1428-602-0045-000-2 .08 $2,800 2309-341-0002-010-9 .08 $2,100 2404-608-0052-010-4 .29 $2,500 2404-608-0064-000-8 .10 $1,300 2404-608-0067-010-2 .05 $600 2405-703-0041-000-6 .18 $2,600 2406-501-0048-020-4 .08 $1,200 2417-703-0005-000-9 .21 $4,300 2421-500-0061-020-5 .04 $-0- 2429-601-0020-010-7 .04 $2,200 2434-501-0105-000-3 .03 $1,700 2434-601-0069-010-8 .03 $400 3419-520-0047-000-3 .10 $400 S\AOO\ WR SURPLUSPFOPERTI E3 TO BE DM ARID aJRPLUSdoox a� 2 r L Q 0 r c 0 N E L CD IL a Packet Pg. 110 7.B.7.b 4 • • 111 �//I�•�j �c,l :fill, uuu, inn Il11111 p � 11111111/ IIC' 71 =71'11U NII1 � 1d1�11■ `` .•� —y— � "rl IIIiL �II� �' 11111111 L — 1111111111 1111111111 _ III�IIIIII a - Irlllll- 1�. J • • — O O O N O O I� In — O O w r ClO O O O, M O O O O N O r U? O o N C) � � N N � O N bll II N SUINU pb leueO JapeOH pb peoug 00 O O 0) (O O O O m 4 M N M O O O LO O O i O Co V N m v 2 St M buIPIOH Q1 y O O O ti C) O O 6 N 11? CD Cl) :r Q. M m M O N N Q O a` N 7 CL 7 Cn C m E s t� Q Packet Pg. 111 7.B.8 ITEM NO. (ID # 1423) AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Katherine Barbieri, Asst. County Attorney SUBMITTED BY: County Attorney DATE: 07/16/2013 *CONSENT AGENDA\COUNTY ATTORNEY SUBJECT: Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish the Unsafe Structure at 4911 Deanna Lane, Fort Pierce. BACKGROUND: Under the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, the building located at 4911 Deanna Lane, Fort Pierce, Florida was inspected on May 15, 2013; where it was determined to be unsafe and to constitute a public nuisance. Please see photographs and a copy of the Building Official Report attached describing the condition of the building. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Other Contractual Services, Acct. No. 102-2415-534000-200 RECOMMENDATION: Under the provisions of Section 2-5-43, it is recommended that the Board accept the Certified Report of Inspection of Buildings for filing and declare the building to be unsafe and order that a public hearing be held so that the Board may take such further action, as it is appropriate with regard to the unsafe building at 4911 Deanna Lane, Fort Pierce. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Packet Pg. 112 Coordination/Signatures Heather Young, Asst, County Attorney /10/Z0 33 ob entkof y, As istaYi ounty Admi htratdl/l 12013 Updated: 7/5/2013 2:25 PM by Carol Bishop Page 2 Packet Pg. 113 BOARD OF COUNTY COMMISSIONERS May 15 2013 PLANNING & DEVELOPMENT SERVICES DEPARTMENT BUILDING OFFICIAL REPORT Re: 4911 Deanna Lane, Ft. Pierce, Florida Building & Code Regulation Division The building at the above reference address has been significantly damaged by a fire and is manifestly unsafe and unsanitary for use as a single family dwelling. This building in its current condition constitutes a public nuisance. Specific conditions which exist includes: Fire damage to the interior and exterior structure and roof damage. The structural integrity is therefore compromised due to the fire damage. Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building located at 4911 Deanna Lane, Ft. Pierce, Florida is determined to be UNSAFE. The property must be brought into compliance by demolishing the burnt down structure within 30 days or this property will be brought before the Board of County Commissioners for condemnation consideration. If you need to discuss this matter further, you can reach me at (772) 462-1553. Thank you for your time, Aarleterson Building Supervisor Interim Official — St. Lucie County AN.I' CHRIS DZADOVSKY, District No. 1 • DOUG COWARD, District No. 2 . PAULA A. LEWIS, District No. 3 • CHARL.ES GRANDE, District No. 4 . CHRIS CRAFT, District No. 5 County Administrator— Faye W. Outlaw, MPA WebsIte: www.stlucieco.ora 2300 Virginia Avenue . Fort Pierce, FL, 34982-5652 PERMITTING AND ZONING: Phone (772) 462-1553 FAX (772) 462-1578 CONTRACTOR LICENSING: (772) 462-1673 • CODE ENFORCEMENT: (772) 462-1571 • INSPECTIONS: (772) 452-2165 FAX: (772) 462-6443 Packet Pg. 114 Property Appraiser - St.Lucie County, FL 7.BQ Page 1 of 1 Lucy Towns Record: 1 of 1 Property Identification Site Address: 4911 Deanna Ln Sec/Town/Range: 30 :34S :40E Map ID. 14130S Zoning: RMH-5 Ownership and Mailing Owner: Address: Lucy Towns 4911 Deanna Ln Fort Pierce FL 34946-9107 Sales Information Date Price Code 5/18/2000 100 01 2/1/1978 0 01 Exterior Features View: ExtType: MHL - MHL Grade: MANH - MANH StoryHght: 0010 - 1 Story Interior Features Deed QC CV PROPERTY RECORD CARD «Prey Next» Spec.Assmnt Taxes ParcellD: 1430-702-0001-000-6 Account #: 10276 Use Type: Mob Homes City/Cnty: St Lucie County Exemptions Permits Home Print 00 2 Legal Description GREEN ACRES -UNIT 3- BLK 1 LOT 1 (OR 291-349 ; 2010-1070) Assessment 2012 Book/Page 2012 Final: 14200 2010/1070 Assessed: 14200 0291 / 0349 Ag.Credit: 0 Exempt: 14200 Taxable: 0 Taxes: 0 BUILDING INFORMATION RoofCover: _ YearBlt: 1974 EffYrBlt 1974 No.Units: 1 Total Land and Building Land Value: 8500 Acres: 0.2 Building Value: 5700 Finished Area: 720 SgFt RoofStruct: Frame: PrimeWall: SecWall: BedRooms: 0 Electric: PrmintWall: FullBath: 0 HeatType: AvgHUFI: 1/2Bath: 0 HeatFuel: - Prm.Flors: %A/C: 0 %Heated: 0 %Sprinkled: 0 Special Features and Yard Items Land Information Type Y/S Qty. Units Qual. Cond. YrBlt. No. Use Type Type Measure 1 0200-Mob Homes 205 -Front Ft 85 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. Depth 100 r Q http://www.pasic.org/paslc/prc.asp?prclid=143070200010006 7/2/2013 Packet Pg. 115 i .. \fL r + Packet -. ss� 1 � � •ate+ 1�. } , OIIAI rAF1 1 IL _W Ail- __.�.�_... �':Y n ..L �i`,• �',\- -._�.• +� by `��� 6 lY� . \C1T,r T" ,�Itg-w .fit .e, +�r• - - r � � ♦- a +fit r. {, . ... 'r" � ` � raga• 7710 tov b �y\�� } :•, ■ Y M�'�"�'C �� . 1 ray/ r� ,;A- - ut jr ,�•?r' � - f. ��.�• �� .:,�: 1 � "•ter-� ,�; ., •l. � � 4 . .. IL 7.D.1 ITEM NO. (ID # 1412) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Diana Wesloski, Housing Manager Housing Services Division DATE: 07/16/2013 *CONSENT AGENDA\COMMUNITY SERVICES State Housing Initiative Partnership (SHIP) Down Payment/Closing Cost Assistance Mortgage Satisfaction On August 19, 2005, a resident executed a second position SHIP Down Payment/Closing Cost Assistance Mortgage in the amount of $15,000. The mortgage has a forgiveness period of 30 years. Carrington Mortgage Services, LLC services the first mortgage on the property and has authorized short sale, contingent on approval of the Board to accept $1,500 to satisfy the SHIP mortgage. In the event the short sale is not successful, the property will be foreclosed on by Carrington Mortgage Services, LLC and the County will receive no funds. Failure to approve this settlement will also add to St. Lucie County's inventory of foreclosed homes. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds recieved from the settlement of the SHIP mortgage will be deposited into SHIP FY 2010/2011(185012-5420-335510-500). RECOMMENDATION: Board authorization to satisfy a State Housing Initiative Partnership (SHIP) Down Payment/Closing Cost Assistance Mortgage and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 122 7.D.1 RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coordination/Signatures 6---m Z 1 Ryder Community servic re 7/5/2013 � �7 ani S. McIntyre, ou y Attorney 7/8/2013 ob entkofs y, Assista it County AdmirN rato�/1 2013 Updated: 7/5/2013 9:51 AM by Diana Wesloski A Page 2 Packet Pg. 123 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 3746499 OR BOOK 3431 PAGE 1467, Recorded 09/12/2012 at 03:19 PM 7.D.1.a FV-I, INC. IN TRUST FOR MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, vs. JESUS E A, MII LUCIE O TY, A OF THE TA E OF 1 TENANT P TENANT SSE Defendants. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR ST. LUCIE COUNTY GENERAL JURISDICTION DIVISION CASE NO. SECTION NO. 562012CA003548 SENIOR JUDGE NOTICE OF LIS PENDENS YOU ARE HEREBY NOTIFIED OF THE FOLLOWING: Plaintiff has instituted this action against you seeking to foreclose a mortgage with respect fg the pwperty described below. y LW45.-�Block , of eminole-Bark S divi ' accoWin2 to t p the of as Page 1 Florida this 5111' day o 2012. G- M L..1 sc- R cords o St. ucie o ty; c- gnenwalt, Esq. McCalla Raymer, LLC Attorney for Plaintiff 225 E. Robinson St. Suite 660 Orlando, FL 32801 Phone: (407) 674-1850 Fax: (321) 248-0420 Fla. Bar No.: 92280 B. COLLINS M4-BAR NO. c O v W M O to O 2 a_ x to N N C m z3 c m (L N J a a) E t U ca r Q Packet Pg. 124 T III U A. Settlement Statement (HUD-1) OMB Approval No. 2502-0265 j -L FHA 2. j j.RHS 3. [&onv. Umns. 6. File Number 7. Loan Number 8. Mortgage Insurance Case Number 4.1_ ;VA 5.[:]Conv.lns. 13521 C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c,)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals D. NAME OF BORROWER: Cidair R. Santlrini and Elizabeth M. Sandrini ADDRESS OF BORROWER: 8285 Hidden Pines Road, Fort Pierce, FL 34945 E. NAME OF SELLER: Jesus Cerda and Miriam G. Fernandez ADDRESS OF SELLER: 2501 Kerr Street, Fort Pierce, FL 34947 F. NAME OF LENDER: ADDRESS OF LENDER: G. PROPERTY 2501 Kerr Street LOCATION: Fort Pierce, FL 34947 IDN 2419-601-0026-000/5 H. SETTLEMENT AGENT: ST. LUCIE TITLE SERVICES, INC. PH# (772) 466-5238 800 VIRGINIA AVENUE, SUITE 47, F'E PIERCE, FL 34982 PLACE OF SETTLEMENT: 800 VIRGINIA AVENUE, SUITE 47, FT. PIERCE, FL 34982 100. ros Amount Due from Borrower 11mount put to Seller LQLContres tsele�price --- -.-_40,0150,00401�4BCltd sates once -- -- - -------_--- -.._.-__44,444.00. 1.47 PErsonalPrert3 i,ttletnent cnaretQborrower (line 1400) 211.00 Am­­- 405.-----._,....----- Ad mtmeut& for q5% paid by seller In advance - AdJuwtments ter Items paid by seller in advance --.__ 106.Cit _xown taxes to - .-.--__-- 16-Lj1y1tQ3yA44iL -- 4(L.CounlylAM1---------- _..to- 412,_-....-. to- 412. to - --- 107.Countytgit�_._.--.- t 108.Assessments.: _...-_---_-_ to 109__-- - -.._.. -- -------- -- --- llQ--- tO- 711 112. to 120.G vess Amount Due from Borrower 40,211.00 - 420.Gross Amount DuefoSeller 40,000.00 200.Amounts Paid by or In Behalf of Borrower 500.111eductions In Amount Due to Seller 201 Deposit or earnest money 501.Exces£Aeposalsee mstructiom) ,5J)2.Settlement charges to selley,(line 140OU- _ -..__-._.... _..-...__......3,b.6.Q,09. 2Q2 Principal amount ofnew I Q, xu an s taken sub6 ect to -. 204. 504.P Lyqffuf first mortgaggloan -__..... ......__.. SHORT SALE Payoff to SWcuJi-d Loan Servicing -34.723•g7. 205. 505 Payoff Qf j-- d mortpgo loan ____..._____.__._ ..-.......,.._.---.- ...-....-....�__ y4ffto $t- l s�rie Cnt�nty SHIP 207. 507. 509.-- 12a 599 -- -. _.......- ------ Adjustment& for items unpaid by seller - ------- --- 20.8. ... --- 202------- - z09a _.._. ---- 249b - . - ---- Adjustments for items unpaid by seller �10toSllylt4wn taxes -.___._ 14... __......_..._.......---- iL .jQgunIX_Iaces ._. _.._.....1UL2013AQ LM7(2M -----102.k4. 211 Countytaxes 111120131QQ 7( 212.Assessments to _ __-_- _ 512.Asses=QUt6_-.___ -t0 ._-___--___.___________ _ 2.1.3,L4_ S.LL.ucle Wate M=t 1/1/2013 to 7/17/2013 -- 13.49.. 5.132L& Lucre Wgwr t-JLl/2011 to 7/17/2013 2-L4--to 574_-- to ............._..- 215_--- -- --_._�..._...... --- ---- £I ._..__.__...__._..............._._...-_..._1.(2------- -.....- 516,---- 517. -- to----- - ............ --------. --------- ---- 2.16. ---- - .......__._.to 21.7 19,to SO --- ----- -._..__ _. �- - ... _ 219, to - 519. to 220.Tetal Amauah Paid by or in Behalf of Borrowu, 33,116.13 520.Totai Reductions in Amount Due Seller 40,000.00 300.Cash at Settlement from/to Borrower 600.Cash At Settlement to/from Seller 301.0ross amount due from borrower line 120 40 211.00 601.Gross amount due to seller line 420 40 000.00 302.Less amounts paid by/for borrower line 220 33 116.13 602.Less reductions in amount due seller line 520 40 000.00 303.Cash :] From � To Borrower 7,094.87 603.Cash I ) iTo From Seller 0.00 Previous editions are obsolete Page I of3 02009 Dismay Svatems, Inc. (963) 763-5555 - Maur G-tutted HUD-, 7.D.1.b 1 t Packet Pg. 125 7.D.1.b U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SE'ITLEME:N'r STATEMENT PAGE 2 701_Tow Real Estate Broker Fees 2,400.00 ,_•••- Paid From Borrower's Funds At _._.S„etHement -__._ Paid From Seller's Funds At _Settlemen Division of Commission line 700)-as follows: _ 2Q1, ., .._. 1-200.00 _.-. _ to ReMaxRealty-Zervires - 702, t.200.41L__- _to ReMax Realty S ices -___ _--- 703. Commis Apaid at Settlement 704. to 800. Items Payable In Connection With Loan KI., origination charge (gym GFE #1)----- _Our .... ..... --- 802. Your txedit or cna a(ppinp for the specific mutest rate chosen $ GEE #2) - 0 _YouradiusteoonainationchaW to ., (from GFE#A} ..804--Appraisal fee to (from GEE#3) .fiQ5_Credit TCWrt _._...1sZ.._- . __. (from GEE 03) 806. Tay carvirP _-.--_ to (from GEE 03) -_ _$0 FlnrvireMifiratinn__..._.- to (from GFE#3) 848-.- --m to- RIO t - _ 900. Items Required By Lender To Be Paid In Advance _901. Daily mutest chaBesfrom?/1 R720 UL R/l /2013 (al Idav(from GFE #10) for 16 da s _492..Mortgape Insurance Prem_tttm for months to __- 43)._- 903. H910epwner's Insurance for _. years to (from GEE # 11) 924 905, years 0 1000. Reserves Deposited With Lender .1.0.01._Initial deposit for your escrow account (from GEE #9) 1002 Homeowner's insurance mnnthcQp .r mnnrn S _-- r(gage insurance mnntbs4_ filer mmonth S 1004.. Progedy taxes monthsQ._-- r mnnt►t..._-----___. l.QOS.AQnualassessments-_monthsCl per 1006- __-... ----_--mnnthc _ netmnnth $ _- 1007...mnnthc((ri ner month_._......- 1008. mnnths(gj I009- A 4; 1100. Title Charges _ .1101, Title services and lenders title insurance from GEE #4 osmg fe . St Lucie Title Services, Inc $ - -_,- --..._..... -- -....._ _ .- - ---750.00. _._._._-�4.4U ---- ner's title insurance atio zI Title Insurance Com mi (from GFE 05) 11Il�..0a ._KFSzN_.._ i P Y _-- •- - 1104. i ender S.Iitlelttsutatire 1VFG Nazional Title Insurance ta1Rs0Y 3-y5 OIL-__.._..-._.._ 1103,�anuetssitte_RttlicY-LiBttt$-_.zono.on tsinszs.00l+E,,: 1106, Owners title p��y limit $ 40_000 00 _ 1107. A enYs portion ofthe total title msurance premium Z t7R------ 508. Underwritees Qorllon o the,total 1109. to -_ 1110. to 111-2�-- to 1113, to 1200. Government Recording and Transfer Charges 1201. Government recording charges (from GFE #�- ,_,..___..__ 10.00 1202aamr,Jing Fees_ Deed t10.00- -Mwgaj (s) r S_Mnd¢ava(s) : Raleasts_._ ......... 1203. Transfer taxes ..__.-- _--_------._-- (from GEE 08) 1204. CitT/rnnnLyl9Y/Names• T3eet1 ; 1-Mnrtg� n) CGd n0� S.Mnrto� -_- _-__ �rnefsl - ...._........_..__ 1205. 04tate, taxis amps• Dead S2RO-00• L Mortgage( Sly S-Mo oaoe(s) _._ 1206. to 1207. to 1300. Additional Settlement Charges 1301, equuedrer fires that you can shop for (from GEE 06) 1302.Px11nsp=inn___ to 1' 1303.Rnofinspr&tton. _....._._ 14._ $ 1304. (St _•._ t305. 1306. _ ---- - - ... --- -ta 1307,._- to -- -- --_.... ...... _...... ...... .._.... - --- - I3U8. to 1309. to ._... 211.00 3,660.00 CERTIFICATION DATE: 7/j f,/�7-n I have carefully reviewed the HUD - I Settlement Statement and to the best of my Knowledge and belief, it is a true and accurate statement o a r ipts and disbursements made on my account or by me in this transaction. I further certify that 1 have received a copy of the HUD - i Settlement Statement. Borrower Odmr R. Sandrim Jesus Cerds _ . . _ . -. Seller Borrower M. --_ ..._...---- - ------ Seller _.. __.._..._.. -__.. Elizabctli M Sandnm Miriam G. Fernandez The HUI),1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused the finds to be disbursed in accord- ance with this statement. ST. LUCIE TITLE SERVICES, INC. Settlement Agent 7/16/2013 _ Date WARNING. It is a came to Knowingly make false Statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details see:Title 18 U.S. Code Section 1001 and Section 1010. Page 2 of3 13521 Packet Pg. 126 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 2698271 OR BOOK 2347 PAGE 776, Recorded 08/30/2005 at 02:25 PM Doc Tax: $52.50 Int Tax: $30.00 7.D.1.c JC\E CpG DOWN PAYMENT/CLOSING COST ASSISTANCE MORTGAGE ST. LUCIE COUNTY AFFORDABLE HOUSING ASSISTANCE OR10P I OR G E ' ma on ugus 9, e an is esus er and iri G. Fernd us d and a `Bono er' ). This ort age i gi n o Lucie o ty, organized and xis ng under the aw of theS e of F 'da and wh a addr s is 2300 it nia Avenue, Fort Pie ce, Florida 3 98 , St. Lucie Co un ("Lender"). Bo ower owes en r the principal s o Fifteen Th s d Doll s ollars (U.S. $ 5,0 0.00). This d bt i vidence y o we' Note ted a same da e as this Mortgage, whi h p ovides for a de al an or for ' en the payme or a p rtion thereo if the Borro er complies 'th the terms o e and this The loan by the Note an secure by this Mortgage (the "Loan") is being made pursuant to Section 420.907, Florida Statutes, as amended, State Housing Initiatives Partnership (SHIP) Program. In addition to the Loan, the Borrower obtained a mortgage loan (the "First Mortgage Loan") from Harbor Federal Savings Bank ( the "Senior Lien Holder"), which loan is secured by a First Mortgage lien on the Property (the "First Mortgage"). The documents evidencing or securing the First Mortgage Loan are collectively referred to herein as the First Mortgage Loan Documents. This Mortgage secures to Lender: (a) the repayment of the debt evidenced by the Note, and renewals, ex ension d modi �tions the Note: (b e p ment o all others s, a anced unZler tiara ran 6 to o e the curi thiaaee: an c) a tie rm a of is cove an s a1hd(ag reements d r this o gage an e No is urpose, r irrevoca ly ortes, grants d co ys o Len Lend 's cc sors and subject to the ghtf the Senio Li n Ho er un er the first Mortga e, following i prope y locat d n Lucie County which haslhe-adds of 2501--en-Streef, Ft. Pierce, address") TO HAVE AND TO HOLD this property unto Lender and Lender's successors and assigns, forever, all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to in this Mortgage as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and, except for the First Packet Pg. 127 OR BOOK 2347 PAGE 777 7.D.1.c Mortgage and other encumbrances of record acceptable to the Lender, the Property is unencumbered. Borrower warrants and will defend generally the title to the property against all claims and demands, subject to such permitted encumbrances of record as of the date of closing. COVENANTS. Borrower and Lender covenant and agree as follow: 1. nt of ncipal. orrowe shall promptly ayVet nincipa of > ed b the ote 2. App ica on of Paymen s. nles a plicabl la se, all Its received by Le der under p ag aph 1 sh a ap 'edcosts and ;s, including but not imited to a o ys fe s i y Leng the Note s mortga� eco d, any s s dvance b Lender pursns of this 3. Prior Mortgages; Charges; Liens. The Borrower shall perform all of the Borrower's obligations under the First Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Mortgage, and leasehold payments or ground rents, if any. If Borrower fails to perform its obligations under the First Mortgage and/or its obligations under this Mortgage, Lender may, at its option, declare the full amount of this Mortgage immediately due and payable. Except for the lien of the First Mortgage, Borrower shall promptly discharge any other lien which shall have attained priority over this Mortgage unless Borrower: (a) agrees in writing tot payment a obligation secured by t ien in a in er cep tab to ender; (b) co tests in -wed faitli the 'en by—,or-defenft aQai nforeenwat of a in. eeal broceeffhas n the Len er' o nio operate t re ent the en rcemen of a lie or c) ec s from ler of the lien an agr ement satisfa to to Le de subord' ati g the li tc s gage. for the lien of a irst Mortgage if ende determines any part the roperty is to a lien which ma attain prio ty ver 's , Lender may ive Borrower a dentifyingthe\lie . B ower s 1 s isfv su h 1 en or take one or more fth1eactionsset 4. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 6. CADo ents and Settings\dpa m\Local ingffemporary met File OLK17\Recapture Revis Mo age CERD .doc D Packet Pg. 128 OR BOOK 2347 PAGE 778 7.D.1.c All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgagee clause. All requirements hereof pertaining to insurance shall be deemed satisfied if the Borrower complies with the insurance requirements under the First Mortgage. All original policies of insurance required pursuant to the First Mortgage shall be held by the Senior Lien Holder; provided, however, Lender shall be named as a loss payee as its interest may appear and shall-be-namedshaI4-be-ngned as an additio ' sured. If Lender re uires, Borrower shall prom tl ive to len copies of 1 r ceipts paid pre 'nuns anrenewal notice . n e event f to s, Bono er Unless Lender d Borrower o rw se ag ee in wriin insurance oce ds shall be pl d to restoration r epalr of th d aLd P, if the restorati n r repair is e ono ically fe anL der's s uri is ned. If the restoratio or a air is not eco omica y easib or der's sec woussene , the insur ce proceeds all be applie s secured b ortgage, wthen due, wi s paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Mortgage, whether or not then due. The 30 day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing any application of proceeds to principal shall not extend or postpone the due date of the payment referred to in paragraph 1. Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to 5. O cu a y, reservati ai&th d ro ectio of'\thX P perty; or ower's Loan Ap lic tion; Lease old . Bl cc y, es lis , use the ro erty as Borrowers p 'ncipal resid nc ways er the ecu -on of this oage. Borrower sh 1 of destroy, am ge roperty, allow the Property to d ten ate, or co w to the Pr erty. Bore in default if any fo iture action or ocee i g, whe er ci '1 or cnminal s begder's good alth judgmen could result ' e of the otherwiimpair theCLeated y this Mortgage or Lender's security interest. Borrower may cure such a default and reinstate, as provided in this Mortgage, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Mortgage or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to representations concerning (I) Borrower's occupancy of the Property as a principal residence and (ii) Borrower's income. If this Mortgage is on a leasehold, Borrower shall comply Packet Pg. 129 OR BOOK 2347 PAGE 779 7.D.1.c with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. The Borrower acknowledges that this Property is subject to certain use and occupancy restrictions (which may be further evidenced by a separate agreement recorded in the land records where the Property is located), limiting the Property's use in accordance to Section 6. Protecti n o Lender's ght in th P ope f B rrower is c p form the ov nants and agreeme is ontained in is ortg ge, or there i a legal pro edi g that may 'gn cantly affect Len er' rights in the ro erty (uc oceeding in b p cy, probate, f co demnatio or o i or to a orc laws o re ulations), then Lender a do and pay for hatever is nece ary t rotec e v e of a Property d Lender's ghts in the P perty. Lender ay include y sums lien which h ver this Mortgage (including sums secured by the First Mortgage), appearing in court, paying reasonable attorney's fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 6, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 6 shall become additional debt of Borrower secured by this Mortgage. 7. Inspection. Lender or its agent may make reasonable entries upon and inspections of the property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. and mn ion. roce ds o y r cl ' %rda dir oruential, in co ec ion 'th any c de atio or ther tak g f P operty, ondemnatio ar hereb as igned d s all er. In the event of'to 1 taking of e P ope th s shall be app ieLd: sumss curby this a w ether or of en du w' any excess paid alp In theev t oial ing oft rope in ich a marketvue ofpertymuneb the takingoorgreat ount ofthey this Mortgage immediately before the taking, unless the Borrower and Lender otherwise agree in writing, the sums secured by this Mortgage shall be reduced by the amount of the proceeds multiplied by the following fraction; (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair Market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Mortgage whether or not the sums are then due. Packet Pg. 130 OR BOOK 2347 PAGE 780 7.D.1.c If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Mortgage, whether or not then due. shall ri stand 9. the amount the Not a Ids to to in of ti a for pa e o mo 'ficatio of ortiza ion of the sums secure=to rtgage gr ted by ender an uccessor in terest of Borrowe shall not se the liabili ginal Borro orrower' in interest.not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 10. Successors and Assigns Bound; Joint or Several Liability; Co-signers. The covenants and agreements of this Mortgage shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Paragraph 15. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Mortgage but does not execute the Note: (a) is -signing ]s ortgag only to rtgage, grant an con y�the orrowe 's i Brest in the Pr, a —undan the rm of this--Mortea (bl ' not--nemanalih' ) ' ted n na the . tms ✓d by this o ga e; d (c) agr s t at Le de"-d:ny oth r Bo ow ay reeto1, modify, for ear or ake any acc m datio sto the to o is ortgage Note without that Bo ower's consetit. 11. No ' y tice to rro er pro ]de for in this Mortgage s all be given by de 'verin y ailin it by t cla mail ess app 1 able law re utres use o other me ho . The a shall be o the Pr s or any oth rrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice required to be given to the Senior Lien Holder shall be given by first class mail to such address the Senior Lien Holder designates by notice to the Borrower. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 12. Governing Law; Severability. This Mortgage shall be governed by Federal law and the laws of the State of Florida. In the event that any provision or clause of this Mortgage or S mgsUemporary emet File OLK 1 TRecaptureRevis D Packet Pg. 131 OR BOOK 2347 PAGE 781 7.D.1.c the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. To this end the provisions of this Mortgage and the Note are declared to be severable. 13. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this M e. ans er th ro a B fic' est 'nV;th all any f the Prop rty or any interest in 't i sold r tr sferred (or in rest in orr wer is sold or tr sf ed and Bo ow r is n ta natur er nis prior i nconsent,Lenderma at its option re 're i ediate pa nt is secured s Mortgage. Howe er, s option s all of be xe Lendeprohibited b Fe al law amwA he too this M ea . finder exercises thi's--apt ,Lender sh4H-give-B (rower and the-Serriar-UeA Holder prior written notice of acceleration. The notice shall provide a period not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. 15. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Mortgage discontinued at any time prior to the entry of a judgment enforcing this Mortgage. Those conditions are that Borrower; (a) pays Lender all sums which then would be due under this Mortgage and the Note as if no acceleration hanccurred. cfires anv efault o v other cover -a Teem te��ays 1 e�eni ses s such ac O as en er may re ona ly req 're o assure tha the n o� M rtgage, s rights in the ro erty and Boo er's o lig tion to ay the s s s ur by this ;e shall continu changed. Up n r instatement y Bo er, this ortg ge and the ins secured he by shall remai fu ly eff cti no acceleratio h occurred. :r, this riehi t� re stat shall no anD in the cas of acceleration under D a rash 17. -io Imaraous au 6tances torrower r:,ause or perm e--preserve, use, disposal, storage, or release of any hazardous substances on or in the Property. Borrower shall not do, nor allow anyone also to do, anything affecting the property that is in violation of any Environmental law. The preceding two sentences shall not apply to the presence, use, or storage on the property of small quantities of hazardous substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental law of which Borrower has actual C:\Do ments and Settings\dpa m\Local ' gMemporary met File OLK17\Recaptum Revis Mo age CERD Am D 6 Packet Pg. 132 OR BOOK 2347 PAGE 782 7.D.1.c knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remedies of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental law. ;ed in this paragraph 16 "Hazardous Substances:" are those substances defined as d�sdubstan s by Envi nment Law and the to ng subs c s; gaso ne, i ab or 1c ole pro cts, stic' es d rbici s, v atile tec n >ni asbestos fo alde yd ,and ra 'oa tive to is A used in ,h 16, `En ro ental Law" e s Fe eral laws la s of th 'uri dic 'on where is located at elate to heal sa tv or nvironmen rotection. 17. A e ra%n,;erred' en�,ov�enant notice to Boo er pnor to ct eratton o lowi Br s reac of angreement i this Mortgag . The otice : ( the acticure the de ,not less than 30 days from the date the notice is given to Borrower by which the default must be cured. And (c) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured by the Borrower on or before the date specified in the notice, then Lender at its option may require immediate payment in full of all sums secured by this Mortgage without further demand and may invoke any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees and costs of title 18. A or ey Uall i this Mort age an in e N e, Ntt*ey fees" elude attorneys' eema be a ar d by app late co ��// 19. Release. Un the a -condition of th N to and this e, includi a eas equire 7mt Mortgage, Lender hal release this ge ut c ge t ower alln recording c ts. 20. Modification of First Mortgage Loan Documents. The Lender consents to any agreement or arrangement in which the Senior Lien Holder waives, postpones, extends, reduces or modifies any provisions of the First Mortgage Loan Documents, including any provisions requiring the payment of money. 21. Loan Intended as Personal Benefit. The loan secured by this Mortgage was made by Lender to Borrower pursuant to Lender's SHIP program. The loan, therefore, is made at an interest rate and upon terms generally more favorable to the Borrower than would otherwise be available to the public at large. Accordingly, the Borrower understands that this CADoc ents and Settings\dp \LocalS mgsUempomy temet File OLK 1TRecaptwe Revi Mo age CERD .dot 7 D Packet Pg. 133 OR BOOK 2347 PAGE 783 7.D.1.c loan is intended to be a personal benefit and not as a benefit that he can transfer to successive owners of the property. 22. Recapture of SHIP Funds. In the event the Borrower fails to occupy the property as Borrower's principal residence as required by the St. Lucie County Local Housing Assis ce a LHAP) a enter ' vestme o as stafed-in the m6ft-a-adand cap ydm owby en eepi throve ions the Howeve , ine of forecsifthe et oceeds f a orec sur sal (if y) are nt to allo er to recap e te full HI inves ent recap e b the ender of proceeds of reclosure sal (i any) s de d to sah th recapture centsofthe BY SIGNING BELOW, the Borrower and the Lender accept and agree to the terms and covenants enntsineri in this Mnrtanae Witnesses: Borrower: (� Jesus Cerda Typp.qr print name Type or print name &CL,lu �. v Signature of Witness Signature of Borrower or c4 , ✓f „ie. Fenmndez(-----, e pnn e'Type �sCr pnn e Sig afore of Witness Signature of Bo wer C O r t) O CO) m im m O 2 a_ x to N m O a_ x �.i m E z Q Packet Pg. 134 OR BOOK 2347 PAGE 784 7.D.1.c STATE OF FLORIDA, COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this tt` day of + 20 Ea Jes da and nam . rnande�:n as person eck ne is e on to e, r a d 'ver'sse b a to f th Unit Statep thi st fi e ( y s p identific ion, or rod cedoth y id ntific tion to 't / a u1 P y P AV CDMMISSI %DD 122067 Not ub ic, e of Florid EXPIflE�S'June �"' Imo\x1( NonMa ru uEON Notary ServKe= L 11 L i {' l.0 V�/ � W �/ � Typed or Printed Name of Notary Commission No.: My Commission expires: Packet Pg. 135 OR BOOK 2347 PAGE 785 7.D.1.c DOWN PAYMENT/CLOSING COST ASSISTANCE `dar ST. LUCIE COUNTY • AFFORDABLE HOUSING ASSISTANCE NOTE Place: 4300]Virginia/Avenue, ForkPiehe, FL IN CONSIDE T N of the mute I ob igation and�enditions o the loan as et fo below, d in recognition of a ched mortgage xec tea by St. Lucie Coi as Lender, an Je us Cerda a d Miriam G. Ferna ez Husband an W' e, as B no e s , e undersigned Borr wer s), jointly an severally, om' e(s to to the order of the �principa OUNTY BOARD F OUNTY O ERS (here calle . Luci County , sum of Fifte Thousand do ars a 0/00 wi ' erest there t zer rcent (0it paid. The the interest, if any, on the Note are payable on the First Day of Each month in three hundred (300) consecutive monthly installments, commencing with a payment of Fifty Dollars and 00/00 ($50.00) started on August 19, 2010 at the principal office of the St. Lucie County Community Services, 437 North 7th Street, Fort Pierce, FL 34950, Attention: Karen Scott., or at such other places as shall be designated by St. Lucie County. If the interest, if any, on and the principal of this Note are not paid on the 15th of the calendar month which includes the due date, the undersigned shall pay a late charge of five percent (5%) per calendar month or fraction thereof, on the amount past due and remaining unpaid. The undersigned reserve(s) the right to prepay at any time all or any part of the principal amount of the Note without payment of penalties or premiums. Any payment of the Note prior to default shall be applied to the principal due on the Note. All payments, other than prepayments, shall be applied first to the interest due on the Note, and then to the principal due on the Note, and the remaining balance shall be 7hase ch es, if any. s a conditi n of re wing this loan, a unde signed understand ag a to the f Ilow g: St. ucie oun as nds vailabl as ' ied si e s to ecure oans ligibl ho sin . S ' loan is ma a at ro percent 0%) inter st ra a and on rnt gen all Y ire favorable t e orro er(s) than is he ise av labl to the p lic at large. Acc din , the rrower(s) understand s) t t this loan is in end d to b a p ene8 and not as ins ent to :rease the value .1713. ow is property or a b efit th t Borrower(s) c transfer to a su cess ve owner the property. This no a ev ences a Loan "L AN) male b r to Borrower(s) and the St. Lucie ty Local as' g ssis ce Plan ") and 's s bject to the regulations iss ed ereunder ;tio Fl rida totes "SHI Progr ). e o is secured a Mortsace the "Mortgage") dated -the same as this no . J J Tien secured by the property described in the attached mortgage is hereby established in favor of St. Lucie County to provide security for such amounts which may become payable by the Borrower(s) or Borrower(s) estate, personal representatives, heirs, or devisees under the provisions of this Note. 3. The Borrower(s) agree(s) that Borrower(s) will remain in possession of the real property; and that any improvements to the real property will not be sold, conveyed, leased, rented, vacated, or otherwise disposed of during the term of this Note. Borrower(s) further agree(s) to, at all times during the term of this Note, maintain the above -described property and improvements thereon in compliance with all Federal, State, and local laws, standards and codes, including, but not limited to, zoning, health, fire, safety, and minimum housing codes. 4. In the event that the Borrower(s) sell(s), convey(s), lease(s), rent(s), vacate(s) or otherwise dispose(s) of the real property during the term of this Note, then the aggregate sum mentioned herein, less any amounts repaid or reduced pursuant to this Note, shall become due and payable forthwith or thereafter, at the o lion of the County, as fully completely as if the said aggregate sum w be d on such dv.`anvthine m to the trary no ithstan�iinn Packet Pg. 136 OR BOOK 2347 PAGE 786 7.D.1.c 5. Should the Borrower(s) fail to fully comply with the conditions and obligations set forth in this Note, then the lien established by this Note may be foreclosed upon, as provided by law, and, in addition the conditions and obligations hereof may be enforced by any other appropriate action, in law or equity, at the option of St. Lucie County. 6. All costs, including reasonable attorney's fees, which may be incurred by St. Lucie County for the collection of any amounts which may become due St. Lucie County hereunder, or which may be incurred by St. Lucie County in the enforcement of the conditions and obligations set forth herein, whether suit is brought or not, shall be assessed against and be the obligation of the Borrower(s). �he p�vand d of hall be bin r wer. open [he Be�ower(symrd the estatefpersanal resentattves, he' and d isees of a dece d Borr wer. � ( ) 1 wer(s) he by aiv (s)„t'o the extentapthoi zed by law, kny and which othe ise oulgapply to the de t eve enced y this Note. IN WITNESS$ WIVEREOF, we h#ve hfereunto set our hands nd seals on thI—'Xk' /,> day of Mariam G. Packet Pg. 137 7.D.1.d CARRINGTON 1610 E. St Andrew Place, Santa Ana, CA 92705 NORSG-H YURVION0, LLG (e00) 561-4567 LM723 06124/13 JESUS CERDA 2501 KFRR ST FT PIERCE FL 34947-0000 Property Address: 2501 KERR ST FORT PIERCE FL 34945-0000 RE: Loan Number: 7000051.343 Dear Mortgagor(s): r- This letter confirms that Carrington Mortgage Services, LLC, as a duly authorized agent of R CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, — FSB. AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST, SERIES 2013-7 }, ("Lender"), will accept from the sale of the above-refercnced property no less than the net N proceeds of $34,723.87 to reiease/re-convey its mortgage lien on the subject property, for the above -referenced loan, subject to the following conditions: • Escrow is to be opened, and certified copies of the following documents, prepared by escrow/closing attorney, must be received on or before 07126113: 0 - An Estimated Settlement Statement • Esorow must close and the required funds must be received by Carrington f tL Mortgage Services, LLC on or before 07/26/13 or the business day prior to the i N scheduled foreclosure sale, whichever comes first. Zero proceeds are to be paid to the seller, cV ITEMIZED COSTS: r Contract Sates Price: $40,000.00 Commissions Amount: $2,400.00 R Taxes & Insurance: $116.13 0 L Concessions: $ Q Seller Contribution: S Q- Closing Costs: S1,260.00 Sr/Jr Lien Holder. $1.500.00 Miscellaneous: $ to • Any changes to the approved cost($) as itemized above must be approved by L O Carrington Mortgage Services, LLC. N • A copy of the final HUDl must be footed to (877)267-1331 for approval prior to r closing of Short Sale transaction. c ev E t LM723 7000051343 Page a of3 V lC a+ a Packet Pg. 138 e � CAMI GTON 1610 E. St. Andrew Place, Santa Ana, CA 92705 MOATOAOE a%eY1CWL LLC — (800)561-4567 • Borrower(s) waive(s) all rights to escrow funds, refunds from prepaid expenses and funds held in suspense by Carrington Mortgage: Services, LLC. • At the close of escrow, payoff funds and a copy of this letter must be forwarded. VIA overnight delivery, to the attention of the undeisigned.. • At the close of escrow, forward a certified copy of the Final HUDl/Settle:ment Statement. j • In the event this sale of the property is NOT completed and the required funds are not l received by Carrington Mortgage Services. LLC by the date stated above, this offer is j rescinded. • Other: Mortgagors) are advised to discuss the ramifications of this transaction with their attorney and/or tax advisor. • Once the sale closes in accordance with the tears specified above, we will accept the sale proceeds as full satisfaction of your, mortgage and note. Any remaining amount of ; indebtedness will be fully discharged on the mortgage and we will release you from i A responsibilities for repaying your mortgage and note. c If you have any questions, please contact Home Retention at (800) 790-9502, Monday through Friday from 7:00am to 5:00pm Pacific Standard Time. its I � An Sincerely, N 1 m Home Retention Department Camngton Mortgage Services, LLC f j O i a N N r R O L Q Q V/ Cl) Y L O (v E 1M723 7000051343 Page 2 of 3 V a+ a Packet Pg. 139 7.D.1.d CARRINGTON 16,10 E. St Andrew Place, Santa Ana, CA 92705 aoaxanca saimees, c.k (8001501-4567 -IMPORTANT BANKRUPTCY NOTICE If you have been discharged from personal liability on the mortgage because of bankruptcy proceedings and have not reaffirmed the mortgage, or if you are the subject of a pciading bankuptcy proceeding, this letter is not an attempt to collect a debt from you but merely provides informational notice regarding the status of the loan. If you am represented by an attorney with respect to your mortgage, please forward this document to your attorney, -CREDIT REPORTING We may report information about your account to credit bureaus. late payments, missed payments, or other defaults on your account may be reflected in your credit report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. -MINI MIRANDA This communication is from a debt collector and it is for the purpose of collecting a debt and any information obtained will be used for that purpose. This notice is required by the provisions of the Far Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States. -HUD STATEMENT Pursuant to section 169 of the Housing and Commumty Development Act of 1987, you may have the opportunity to receive counseling from venous local agencies regarding the retention of your home. You may obtain a list of the HUD -approved housing counseling agencies by calling the HUD nationwide toll free telephone number at (800) 569-4287. -EQUAL CREDIT OPPORTUNITY ACT NOTICE The Federal Equal Credit Opportunity Act prohibits creditors from discnmunattng against credit applicants on the basis of race, cotor, religion, national origin, sex, marital status, of age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has, in good faith, excictsed any right under the Consumer Credit Protection Act, The Federal Agency that admirusters CMS' compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington. DC 20580. LM723 70000SIS43 Page 3 of3 Packet Pg. 140 7.D.1.e - SATISFACTION OF ST. LUCIE COUNTY COUNTY DOWN PAYMENT/CLOSING COST FL OR ASSISTANCE MORTGAGE WHEREAS, on August 19, 2005, Jesus Cerda and Miriam G. Fernandez, as `Borrower", whose address is 2501 Kerr Street, Fort Pierce, FL 34947 executed a State Housing Initiative Partnership Water/Sewer Assistance Mortgage in favor of the St. Lucie County, as "Lender", which was recorded in Official Records Book 2347 Page 776 in the Public Records of St. Lucie County, Florida, in the amount of Fifteen -Thousand Dollars and 00/100 cents ($15,000.00) encumbering certain real property legally described as follows: Lot 15, Block 2 of SEMINOLE PARK SUBDIVISION, according to the Plat thereof as recorded in Plat Book 10, Paae(s) 11, of the Public Records of the St. Lucie County, Florida Which has the legal address of 2501 Kerr Street, Fort Pierce, FL 34947 and; WHEREAS, the Borrower has satisfied the terms of the above -referenced mortgage in the amount of $15,000.00. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: The Lender does hereby acknowledge full satisfaction of the State Housing Initiative Partnership Water/Sewer Assistance Mortgage set out above and hereby consents that the State Housing Initiative Partnership Water/Sewer Assistance Mortgage shall be discharged and satisfied of record. IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County, Florida, acting by and through its County Administrator, who is authorized to execute this Satisfaction of a State Housing Initiative Partnership Water/Sewer Assistance Mortgage pursuant to Resolution No. 01-96 adopted by Board the Board of County Commissioners on May 8, 2001, has executed this instrument on this day of , 2013. WITNESS: FAYE W. OUTLAW, MPA COUNTY ADMINISTRATOR WITNESS: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 2013, by Faye W. Outlaw, MPA, who is personally known to me. (SEAL) Notary Public Signature Packet Pg. 141 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Diana Wesloski, Housing Manager Housing Services Division 7.D.2 ITEM NO. RES-2013- 122 DATE: 07/16/2013 *CONSENT AGENDA\COMMUNITY SERVICES Florida Housing Finance Corporation Foreclosure Counseling Program On January 17, 2013, the Legislative Budget Commission approved a $10 million allocation from National Mortgage Settlement funds to provide foreclosure counseling services administered by Florida Housing Finance Corporation (FHFC). These funds will be administered with the goal of the following: • Preventing homeowners from going into foreclosure; and • Providing at -risk homeowners with good financial management education to help them better manage their money and assisting them with credit problems in order to become financially stable. The Housing Counselor will develop a dynamic individualized action plan to assist the homeowner with communicating with the loan servicer and other resources throughout the process. In addition to an action plan, many families will also require financial education to reduce the possibility that similar situations occur in the future. On February 12, 2013, FHFC issued a Request for Qualifications (RFQ) to housing counseling agencies for implementation of the Program. St. Lucie County submitted a response and was notified on April 29, 2013 that it had been selected to provide services. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Since these grant funds were not anticipated in FY 13, funding is not appropriated in the adopted budget, therefore a budget needs to be established to expend these funds. Matching funds are not required. Funds will be deposited to the Foreclosure Counseling Grant fund (185015-5420-335510-500). Packet Pg. 142 RECOMMENDATION: Board approval of the contract between Florida Housing Finance Corporation and St. Lucie County and the Budget Resolution and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coordination/Signatures Z Z 4� yder, Community Servic re 7/5/2013 Heather Young, Asst. County Attorney 7/8/2013 ob entkofs<y, AssistaTit County �Admir.iistrato /1 6/Z013 Updated: 7/11/2013 9:11 AM by Shane A. De Witt Page 2 Packet Pg. 143 7.D.2.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 in the form of a grant from the Florida Housing Finance Corporation (FHFC) in the amount of $27,000 for the foreclosure counseling Program (FCP). 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 16th day of July, 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 185015-5420-335510-500 Florida Housing Finance (FHFC) $27,000 APPROPRIATIONS 185015-5420-512000-500 Salaries $27,000 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 16TH DAY OF JULY 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 144 7.D.2.b CONTRACT FOR HOUSING COUNSELING SERVICES FOR THE FORECLOSURE COUNSELING PROGRAM BETWEEN FLORIDA HOUSING FINANCE CORPORATION AND ST. LUCIE BOARD OF COUNTY COMMISSIONERS COMMUNITY SERVICES HOUSING DIVSION This Contract for Foreclosure Counseling Program (FCP) Counselor Services for the Foreclosure Counseling Program, Contract No.: 2013-01-02-003, is entered into by and between the FLORIDA HOUSING FINANCE CORPORATION (Florida Housing), a public corporation and a public body corporate and politic, with headquarters located at 227 North Bronough Street, Suite 5000, Tallahassee, Florida, 32301, and ST. LUCIE BOARD OF COUNTY COMMISSSIONERS COMMUNITY SERVICES HOUSING DIVISION (HCA) located at 437 N. St., Fort Pierce, FL 34950. This Contract shall become effective upon the date the last party signs the Contract (Effective Date). MUTUAL UNDERSTANDINGS On January 17, 2013, the Legislative Budget Commission approved a $10 million allocation from National Mortgage Settlement funds to provide foreclosure counseling services to be administered by Florida Housing. The funding will allow Florida Housing to carry out the following objectives: • Help prevent homeowners from going into foreclosure; and • Provide at -risk homeowners with good financial management education to help them better manage their money and assist them with credit problems in order to become financially stable. Florida Housing proposes to meet these objectives by providing funding on a fee -for -service basis to U.S. HUD approved housing counseling agencies (HCAs) to carry out foreclosure counseling M services and more extensive financial management education. The program approach will be to c provide counseling support for at risk homeowners that augments counseling provided through the v National Foreclosure Mitigation Counseling (NFMC) Program and other programs when available. E z Florida Housing estimates that this new program will serve a minimum of 10,500 homeowners. Q The objective of this new program is to more fully support homeowners through their delinquency resolution negotiations. Participating HCAs will develop an action plan for each client that is tailored to their needs and is revised as circumstances change, and will assist them with loan servicer and other contacts throughout the process. The goal is to provide families with the ability to follow a tailored plan throughout the modification or foreclosure process, even after counseling is completed. In addition to an action plan for their situation, many families also need financial education to ensure that these situations are less likely to occur in the future. The services sought will be performed in accordance with the terms and conditions set forth in this RFQ, and/or any other term and condition in any Contract subsequently awarded. Contract No.: 2013-01-02-003 Florida Foreclosure Counseling Program (FCP) Program FCP Housing Counselor Contract (Rev. 05-2013) Packet Pg. 145 7.D.2.b NOW, THEREFORE, the parties agree as follows: CLIENT MANAGEMENT SOFTWARE HCAs must use a client management software acceptable to Florida Housing which is capable of providing the required data elements under the Contract. 2. ENGAGEMENT OF THE HCA; RESPONSIBILITY TO PROVIDE INFORMATION ON EMPLOYEES; REFERENCE CHECKS The HCA agrees to provide the services in accordance with the terms and conditions hereinafter set forth, unless otherwise stated in this Contract. The HCA understands and agrees that all services under this Contract are to be performed solely by the HCA, unless prior written approval and consent is received from Florida Housing for any subcontract or assignment of services. The HCA shall use the applicable criteria set forth in the Foreclosure Counseling Program Procedure Manual (the "Procedure Manual") dated June2013 to determine the Applicant's eligibility for assistance. From time to time, updated procedures will be made available to the HCA. The HCA is required to apply the eligibility criteria and procedures in effect at the time the eligibility determination is made for an Applicant. As used herein, the term Procedure Manual shall mean the Procedure Manual as amended or modified from to time during the term of this Contract. References herein to "this Contract" shall be deemed to include the Procedure Manual, as amended or modified from time to time during the term hereof. The HCA agrees to provide, in writing to Florida Housing's program contact as designated in subparagraph 11(e) herein, the following: • A list of all employees who will provide services under this Contract (due upon execution of this Contract by the HCA). M A- • Resumes of all employees that will have responsibilities for the FCP (due within fourteen c (14) days following execution of this Contract by the HCA). v • Notice of any change in the list of employees providing services under this Contract (due within 7 days of the change). E E • Resumes of any new employees that will have responsibilities for the FCP (due within seven (7) days of access). Q The HCA agrees to perform appropriate reference checks on any new employee that will be providing services under this Contract. 3. INCORPORATION OF MUTUAL UNDERSTANDINGS, LAWS, RULES AND REGULATIONS The Mutual Understandings set out above are incorporated into and made a part of this Contract. Applicable federal and state laws, rules, and regulations, as well as such written directives and guidance as may be issued from time to time by Treasury with regard to the Unemployment Programs, shall govern both the HCA and Florida Housing. Contract No.: 2013-01-02-003 Foreclosure Counseling Program (FCP) Program HCA Contract (June 2013) Packet Pg. 146 7.D.2.b 4. EFFECTIVE DATE AND TERM OF AGREEMENT This Contract shall begin upon the date the last parry signs the Contract (Effective Date). The term of this Contract shall be for a period of two (2) years following the Effective Date, subject to satisfactory performance of the HCA at the sole discretion of Florida Housing. If the parties mutually agree in writing, the Contract may be renewed for additional one-year periods as long as the program is in effect. 5. MODIFICATION OF AGREEMENT Either party may request a modification of the provisions of this Contract. Modifications that are mutually agreed upon shall be valid only when reduced to writing, signed by the parties and attached to this Contract. All other terms and provisions, not so modified, shall remain in full force and effect. 6. COMPENSATION The maximum compensation for a client in the FCP is $900. No counseling activities will be paid from FCP that are funded by other sources. Billing Types Billing Type Amount Description Intake $150 (one time) • Primary Residence • Proof of Ownership • FCP Program Eligibility Determination • Intake Application • Signed Authorization • Signed Disclosure • Signed Privacy • Develop Action Plan Counseling Session $75 per event . Budget Verification • Review & Revision of Action Plan • Update Documentation • Servicer/Lender Contact Financial Management $75 one time • Training Certificate Education Trial Modification Approved $75 per event . Budget Verification • Review & Revision of Action Plan Permanent Modification $75 per event . Budget Verification Approved • Review & Revision of Action Plan Alternative Housing Solution $75 per event . Budget Verification • Review & Revision of Action Plan • Discuss Options • Signed Disclosure of Options • Referral to Service Agencies Contract No.: 2013-01-02-003 Foreclosure Counseling Program (FCP) Program HCA Contract (June 2013) 0 c 0 0 r c m E z 0 Q Packet Pg. 147 7.D.2.b Alternative Housing Outcome $75 (Max $750) . Implement Housing Transition File Close -Out $75 (Max $750) . +90 days no contact with Client APPLICANT FILES; PRIVACY OF APPLICANT INFORMATION (a) Applicant Privacy: The HCA shall maintain all documents and information received or generated in connection with any Applicant in a manner which safeguards the privacy of the Applicant's Personally Identifiable Information ("PII"). Paper documentation must be kept in secured file cabinets. Scanned or electronically stored documents must be safeguarded in a fashion that securely maintains Applicant privacy. As used in this subparagraph (a) and elsewhere in this Contract, "Personally Identifiable Information" or "PII" means information that can be used to uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify a single individual. PII includes Applicant names, addresses, telephone numbers, e-mail addresses, Uniform Resource Locator URL information regarding social networking accounts or any other Internet media, photographs or other visual depictions, audio recordings, and any other information that could be used by any means to identify, contact or locate an Applicant. (b) Contents of the Files: The HCA shall maintain Applicant files containing documentation sufficient to verify an Applicant's eligibility (or ineligibility) for assistance in accordance with the applicable eligibility guidelines under this Contract, as well as all compensation paid to the HCA for services rendered in connection with this Contract; such files shall include reports, records, documents, papers, letters, computer files, or other material received, generated, maintained or filed by the HCA in connection with this Contract. All documentation relating to the eligibility (or ineligibility) of an Applicant must be stored in the Web Portal system. (c) Retaining the Files: The HCA must retain the files for a minimum of three (3) years from w the outcome date or longer if there is an audit, investigation or litigation in progress, subject to the provisions of subparagraph 10(g)(iii) below. Additional time may also be required if other assistance programs are used with longer retention periods. It is the HCA's responsibility to determine the proper retention period. At the time of disposal, paper files may be shredded, incinerated or buried in a public v landfill, in accordance with State records retention laws and rules. For electronic records containing PII or r other information that is confidential or exempt from disclosure, appropriate destruction methods include m physical destruction of storage media such as by shredding, crushing, or incineration; high-level E overwriting that renders the data unrecoverable; or degaussing/demagnetizing of any digital storage media or device. Q (d) Access to the Files: The HCA and its employees shall allow Florida Housing, or its agent(s) and compliance monitor(s), physical access to the files and records maintained by the HCA under this Contract during normal business hours, 9:00 a.m. to 5:00 p.m., Eastern Time, Monday through Friday, provided such day is not a holiday. Florida Housing shall make reasonable effort, but shall not be required, to notify the HCA 24-hours in advance of such visit; such notice may be in the form of a phone call or an email directed to the HCA's contract administrator as designated in this Contract. (e) Files Subject to Florida's Public Records Law: Any file, report, record, document, paper, letter, or other material received, generated, maintained or sent by the HCA in connection with this Contract is subject to the provisions of Section 119.01-.19, Fla. Stat., as may be amended from time to time (Florida's Public Records Law). The HCA represents and acknowledges that it has read and understands Florida's Public Records Law and agrees to comply with Florida's Public Records Law. 4 Contract No.: 2013-01-02-003 Foreclosure Counseling Program (FCP) Program HCA Contract (June 2013) Packet Pg. 148 7.D.2.b (f) Electronic Files and Records: The HCA understands that its services under this Contract are subject to ongoing monitoring and review by Florida Housing or by its compliance monitors. Because of the cost, time and disruption associated with on -site audits, the parties intend that the compliance monitoring under this Contract be conducted off -site to the extent possible. The HCA shall maintain its files and records in connection with the services rendered under this Contract in electronic form and, upon request, shall transmit electronic copies of those files and records to Florida Housing, or to its compliance monitor(s), or to Treasury, or to its designee(s). The HCA shall transmit electronic copies of the requested files or records to the requesting party promptly following request, but in no event later than 12:00 noon on the next business day following the day of the request. Florida Housing reserves its rights under subparagraph 7(d) of this Contract to conduct on -site inspections of the HCA's files and records under this Contract. (g) Use of Applicant Information: The HCA agrees to refrain from using any Applicant information obtained in the course of its performance under this Contract for any purpose not specifically authorized by this Contract without first obtaining the express written consent of the Applicant and the program contact for Florida Housing. Use of any Applicant information for any purpose not specifically authorized by this Contract shall constitute an Event of Default under paragraph 9 of this Contract. This terms and conditions in this subparagraph 7(g) shall survive the termination of the Contract. 8. LIABILITY (a) Florida Housing shall not be deemed to have assumed any liability for the acts, omissions, or negligence of the HCA, its agents, its servants, or employees, and the HCA specifically accepts N responsibility for its acts, omissions or negligence and for the acts, omissions or negligence of its agents, M servants or employees, and holds Florida Housing harmless from the claims of any third party which may c arise due to the acts, omissions, or negligence of the HCA or its agents, servants or employees. The HCA N further acknowledges that it is not an employee or agent of Florida Housing while performing the services w contemplated by this Contract. Rather, the HCA acknowledges that it is performing the services under this Contract as an independent contractor. The HCA warrants and represents that it is authorized to do business in the State of Florida, and that it has and will maintain at all times during the term of this Contract all M requisite licenses and permits as may be required for doing business and practicing its profession. 0 0 (b) The HCA specifically accepts responsibility for compliance with all applicable Florida laws, federal laws, Florida Housing rules and Florida Housing policies. E z (c) The HCA specifically accepts responsibility for the payment of all income taxes, assessments, or contributions that may be required to be paid to any unit of government as a result of the Q payments paid to or by the HCA in conjunction with the services rendered pursuant to this Contract or in connection with the HCA's property. At no time shall the HCA make any commitments for or incur any charges or expenses for, or in the name of, Florida Housing. (d) Nothing herein is intended to serve as a waiver of sovereign immunity by Florida Housing. (e) The HCA shall not be relieved of liability to Florida Housing for damages sustained by Florida Housing by virtue of any termination or breach of this Contract by the HCA. (f) The HCA must maintain professional liability insurance throughout the term of the Contract in an amount that is standard for the industry, but not less than $100,000. Contract No.: 2013-01-02-003 Foreclosure Counseling Program (FCP) Program HCA Contract (June 2013) Packet Pg. 149 7.D.2.b DEFAULT AND REMEDIES (a) If any of the events listed in subparagraph 9(b) (Events of Default) occur, all obligations on the part of Florida Housing to continue doing business with the HCA or assign any future transaction to the HCA shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the HCA as a participant after the happening of any event listed in subparagraph 9(b) without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the HCA in the final transaction. (b) Events of Default shall include, but not be limited to, the following: If any report, information, representation or material provided by the HCA in this Contract, is inaccurate, false or misleading; ii. If any warranty or representation made by the HCA in this Contract, or any other outstanding agreement with Florida Housing, is deemed by Florida Housing to be inaccurate, false or misleading in any respect; iii. If the HCA fails to keep, observe, or perform any of the terms or covenants contained in this Contract, or is unable or unwilling to meet its obligations as defined in this Contract; iv. If, in the sole discretion of Florida Housing, the HCA has failed to perform or complete any of the services identified in this Contract; V. If the HCA has not complied with all Florida laws, Federal laws, Florida Housing rules or Florida Housing policies applicable to the work or services to be provided under this Contract; vi. If the HCA permits or engages in discrimination against any Applicant on any prohibited basis, including, but not limited to, gender, race, religion, color, familial status, national origin, ancestry, creed, pregnancy, martial or parental status, sexual orientation, or physical, mental, emotional or learning disability in performing any service identified in this Contract; vii. If the HCA does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.; viii. If the HCA commits fraud or engages in activities deemed fraudulent or misleading by Florida Housing; ix. If the HCA refuses to permit public access to any document, paper, letter, or other material subject to disclosure under Florida's Public Records Law; or X. If the HCA, or any of its staff, are listed on Florida Housing's Past Due or Non - Compliance List (available on Florida Housing's website). (c) Upon the happening of any Events of Default listed in subparagraph 9(b) above, Florida Contract No.: 2013-01-02-003 Foreclosure Counseling Program (FCP) Program HCA Contract (June 2013) Q Packet Pg. 150 7.D.2.b Housing will provide written notice of the Default through first class certified mail, return receipt requested (Notice of Default), to the address set forth in paragraph 11 of this Contract. (d) Upon the happening of any Events of Default listed in subparagraph 9(b), Florida Housing may provide the HCA a period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the HCA of the length of the Cure Period in the Notice of Default. (e) Upon the happening of any Event of Default, or if Florida Housing provides a Cure Period and if the HCA is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following: Florida Housing may terminate the Contract; ii. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this Contract; iii. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from the HCA to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the HCA to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the HCA to reimburse Florida Housing for the amount of costs incurred; or iv. Florida Housing may exercise any other rights or remedies that may be otherwise available under law. 10. TERMINATION; SURVIVAL OF OBLIGATIONS AND DUTIES OF HCA UPON AND M FOLLOWING TERMINATION c 0 (a) Florida Housing may terminate this Contract without cause and the Contract will automatically terminate on the tenth (10'') day after the representative of the HCA as identified in paragraph 11 of this Contract receives written notice through first class certified mail, return receipt M requested (Termination Notice). This Termination Notice shall be sent to the representative of the HCA coo identified in paragraph 11 of this Contract. Q (b) Florida Housing shall unilaterally terminate this Contract on the tenth (IOh)day after the representative of the HCA as identified in paragraph 11 of this Contract receives the Termination Notice if the HCA fails to comply with Florida's Public Records Law. (c) Florida Housing shall unilaterally terminate this Contract on the tenth (10t') day after the representative of the HCA as identified in paragraph 11 of this Contract receives the Termination Notice if the HCA fails to comply with the terms and conditions set forth in s. 420.512(5), Fla. Stat. (d) Florida Housing may terminate the Contract for cause, including, but not limited to, the Events of Default contained in this Contract. The Contract will automatically terminate on the tenth (10"') day after the representative of the HCA as identified in paragraph 11 of this Contract receives the Contract No.: 2013-01-02-003 Foreclosure Counseling Program (FCP) Program HCA Contract (June 2013) Packet Pg. 151 7.D.2.b Termination Notice. (e) This Contract may be terminated by either parry upon ten (10) days written notice. The Contract will automatically terminate on the tenth (10"') day after all the parties consent in writing to the Termination Notice. (f) Upon termination of this Contract for any reason, the HCA shall ensure that all information kept pursuant to paragraph 7 of this Contract is transmitted to Florida Housing via the Counselor Direct or any other appropriate or necessary means specified by Florida Housing. The HCA shall have a continuing duty to maintain the security of Applicant information and PII for the retention period of any information kept pursuant to paragraph 7 of this Contract. (g) Upon termination of this Contract for any reason, the HCA shall: i. immediately cease the use of any logo, slogan, sigil, service mark, trademark or any other intellectual property of Florida Housing associated with the FCP Program in any and all media produced or maintained by the HCA; ii. immediately cease to represent any association with the FCP Program for any purpose whatsoever in any and all media produced or maintained by the HCA; and iii. notwithstanding the provisions of subparagraph 7(c) of this Contract regarding the retention of records, the HCA shall destroy or delete all physical and electronic records containing any Applicant data or PII per the methods set forth in subparagraph 7(c) of this Contract and provide Florida Housing with a written statement that all physical and electronic Applicant data has been provided to Florida Housing either in CounselorDirect or other electronic means acceptable to Florida Housing and subsequently destroyed or deleted. The terms and conditions in subparagraphs (f) and (g) above shall survive the termination of the Contract. Failure to comply with the terms of this part shall constitute an Event of Default pursuant to paragraph 9 above. 11. ADMINISTRATION OF CONTRACT (a) The Florida Housing contract administrator for this Contract is: Della Harrell, Contracts Manager Florida Housing Finance Corporation 227 North Bronough St., Suite 5000 Tallahassee, Florida 32301-1329 Phone: (850) 488-4197 Facsimile: (850) 414-6548 E-mail: della.harrell@floridahousing.org or the designated successor. (b) The primary HCA contract administrator for this Contract is: or the designated successor. Contract No.: 2013-01-02-003 Foreclosure Counseling Program (FCP) Program HCA Contract (June 2013) Q Packet Pg. 152 7.D.2.b (c) The Florida Housing program contact for this Contract is: Robert Dearduff Special Programs Administrator Florida Housing Finance Corporation 227 North Bronough St., Suite 5000 Tallahassee, Florida 32301-1329 Phone: (850) 488-4197 Facsimile: (850) 488-9809 E-mail: robert.dearduff@floridahousing.org or the designated successor. (d) All written and verbal approvals referenced in this Contract shall be obtained from the parties' contract administrator or their respective designees. (e) All notices shall be given to the parties' respective contract administrators or their respective designees (unless a provision in the Contract directs otherwise, in which case such notice shall be given to the person or contact as directed in that provision). 12. CONFIDENTIALITY (a) Subject to the provisions of Florida's Public Records Law, as applicable to Florida Housing, all materials furnished to Florida Housing pursuant to this Contract are confidential and the HCA will treat such materials as confidential and will not reveal or discuss such materials or any other information learned as a result of this Contract with any other person or entity, except as authorized or directed by Florida Housing. (b) In addition, working papers, copies, internal documents, procedures, methods and related VIP materials are considered confidential and/or proprietary and the HCA shall treat such information as confidential and/or proprietary and shall not reveal or discuss any such information with any other person W or entity, except as authorized or directed by Florida Housing. All such records and materials will remain M the property of Florida Housing. 0 0 (c) If the HCA is required to disclose or publish the existence or terms of this Contract pursuant to Florida's Public Records Law, then the HCA shall notify Florida Housing in writing of such m disclosure within two (2) days after receipt of the Public Records request. 0 Q 13. GOVERNING LAW; VENUE; OTHER PROVISIONS (a) This Contract shall be construed under the laws of the State of Florida and venue for any actions arising out of this Contract shall lie in Leon County. (b) If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be deemed severable, but shall not invalidate any other provision of this Contract. (c) No waiver by Florida Housing of any right or remedy granted hereunder or failure to insist on strict performance by the HCA shall affect or extend or act as a waiver of any other right or remedy of Florida Housing hereunder, or affect the subsequent exercise of the same right or remedy by Florida Contract No.: 2013-01-02-003 Foreclosure Counseling Program (FCP) Program HCA Contract (June 2013) Packet Pg. 153 7.D.2.b Housing for any further or subsequent default by the HCA. A waiver or release with reference to any one event shall not be construed as continuing or as constituting a course of dealing. (d) Any power of approval or disapproval granted to Florida Housing under the terms of this Contract shall survive the terms and life of this Contract as a whole. (e) The Contract may be executed in any number of counterparts, any one of which may be taken as an original. 14. LOBBYING PROHIBITION No funds compensation or other resources received in connection with this Contract may be used directly or indirectly to influence legislation or any other official action by the Florida or Federal Legislature or any state or federal agency. The HCA further acknowledges that it has not retained the services of any lobbyist or consultant to assist in the procurement and negotiation of this Contract. 15. COPYRIGHT, PATENT AND TRADEMARK (a) If the HCA brings to the performance of this Contract a pre-existing copyright, patent or trademark, the HCA shall retain all rights and entitlements to that pre-existing copyright, patent or trademark unless the Contract provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Contract, or in any way connected herewith, the HCA shall refer the N discovery or invention to Florida Housing for a determination whether patent protection will be sought in M the name of Florida Housing. Any and all patent rights accruing under or in connection with the c performance of this Contract are hereby reserved to Florida Housing. In the event that any books, manuals, N films, or other copyrightable material are produced, the HCA shall notify Florida Housing in writing. Any w and all copyrights or trademarks created by or in connection with the performance under this Contract are hereby reserved to Florida Housing. M L (c) All subcontracts or other arrangements entered into by the HCA, with prior written c approval and consent of Florida Housing, for the purpose of developing or procuring copyrightable U materials (e.g., audiovisuals, computer programs, software, publications, curricula, research materials or training materials, etc.) shall specifically reference and reserve Florida Housing's exclusive rights to use and exploit copyrights and licenses to the extent permitted by copyright law and Florida Statutes. 16. LEGAL AUTHORIZATION Q The HCA certifies with respect to this Contract that it possesses the legal authority to enter into this Contract and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Contract with all covenants and assurances contained herein. The HCA also certifies that the undersigned possesses the authority to legally execute and bind the HCA to the terms of this Contract. 17. PUBLIC ENTITY CRIME A person or affiliate, who has been placed on the convicted vendor list, following a conviction for a public entity crime, may not: to Contract No.: 2013-01-02-003 Foreclosure Counseling Program (FCP) Program HCA Contract (June 2013) Packet Pg. 154 7.D.2.b a. submit a bid on a contract to provide any goods or services to a public entity; b. submit a bid on a contract with a public entity for the construction or repair of a public building or public work; c. submit bids on leases of real property to a public entity; d. be awarded or perform work as a consultant, supplier, subcontractor, or consultant under a contract with any public entity, and; e. transact business with any public entity in excess of the threshold amount provided in s. 287.017, Fla. Stat., for CATEGORY TWO: $25,000, for a period of 36 months from the date of being placed on the convicted vendor list. Any contract in violation of this provision shall be null and void. 18. CONFLICTS OF INTEREST (a) The HCA and its employees are expected to anticipate, and avoid, conflicts of interest in carrying out their duties and responsibilities under this Contract. For purposes of this paragraph, the term "FCP Employee" means any employee of the HCA, including the HCA, if an individual. To that end, an FCP Employee may not handle, process or otherwise participate in the handling, processing or decision making with respect to an application for assistance under the Unemployment Programs (UMAP and MLRP) made by an Applicant that is a Relative, Friend or Business Associate of the FCP Employee. "Relative," for purposes of this paragraph, with respect to the FCP Employee, means an individual who is related to the FCP Employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. "Friend," for purposes of this paragraph, with respect to the FCP Employee, means an individual, with whom the FCP Employee enjoys a close personal relationship. "Business Associate," for purposes of this paragraph, with respect to the FCP Employee, means an individual, with whom the FCP Employee has a business or financial relationship. Should the HCA or the FCP Employee encounter any such situation, Florida Housing must be notified immediately by phone and in writing directed to the Florida Housing program contact at the address set forth in subparagraph I I(e) of this Contract and no further action may be taken on the Applicant file(s) in question except as may be directed or authorized by Florida Housing. (b) Pursuant to Section 420.512(5), Fla. Stat.: "Service providers shall comply with the following standards of conduct as a condition of eligibility to be considered or retained to provide services. For purposes of paragraphs (a), (b), and (c) only, the term `service provider' means and is limited to a law firm, an investment bank, or a credit underwriter, and the agents, officers, principals, and professional employees of the service provider. (a) A service provider may not make contributions in any amounts, directly or indirectly, for or on behalf of candidates for Governor, nor shall any service provider make a contribution in excess of $100 to any candidate for a member of the State Board of Administration other than the Governor in Florida while the service provider is included in an applicant pool from which service providers are selected to provide services to the corporation, while the service provider provides services to the corporation, and for the longer of a period of 2 years thereafter or for a period through the next general election for Governor. (b) The service provider shall not participate in fundraising activities for or on behalf of candidates for Governor in Florida while the service provider is included in an applicant 11 Contract No.: 2013-01-02-003 Foreclosure Counseling Program (FCP) Program HCA Contract (June 2013) Q Packet Pg. 155 7.D.2.b pool from which service providers are selected to provide services to the corporation, while the service provider provides services to the corporation, and for the longer of a period of 2 years thereafter or for a period through the next general election for Governor. (c) Service providers shall provide to the corporation a statement that the service provider has not contributed to candidates for Governor or contributed in excess of the amounts allowed by this section for a member of the State Board of Administration or engaged in fundraising activities for or on behalf of candidates for Governor in Florida since the effective date of this section or during the 24 months preceding the service provider's application to provide services to the corporation, whichever period is shorter. (d) The service provider may not engage in prohibited business solicitation communications with officers, members, or covered employees of the corporation. (e) If a service provider is in doubt as to whether its activities, or the activities of its principals, agents, or employees, violate the provisions of this section, it may request a declaratory statement in accordance with the applicable rule and s. 120.565, Fla. Stat. (f) If the corporation determines that a service provider has failed to meet the provisions of this section, it shall consider the magnitude of the violation and whether there has been a pattern of violations in determining whether to terminate or decline to enter into contracts with the service provider." (c) Section 420.503(31), Fla. Stat., states: " `Prohibited business solicitation communication' means a private written or verbal communication between a member, officer, or covered employee of the corporation and a service provider regarding the merits of the service provider and whether the corporation N should retain the services of the service provider. The term does not include: M (a) A verbal communication made on the record during a public meeting; c (b) A written communication provided to each member and officer of the corporation and N made part of the record at a public meeting; w (c) A written proposal or statement of qualifications submitted to the corporation in W response to a corporation advertisement seeking proposals or statements of qualifications W as part of a competitive selection process. M (d) A verbal or written communication related to the contractual responsibilities of a c service provider who was selected to provide services or who was included in a pool of U service providers eligible to provide services as a result of a competitive selection process, so long as the communication does not relate to solicitation of business. (e) A verbal or written communication related to a proposed method of financing or M proposed projects, so long as the communication does not relate to solicitation of 2 business." Q (d) By executing this contract, the HCA certifies that it shall comply with, and is currently in compliance with, Section 420.512(5), Fla. Stat., as amended. (e) The HCA will certify that the staff and volunteers who will provide services under the Contract have no conflict(s) of interest due to relationships with servicers, real estate agencies, mortgage lenders, homeowners or household members, family members and/or other persons or entities that may stand to benefit from particular outcomes. (f) In addition to the conflict of interest rules imposed by the Florida Statutes, and the conflicts of interest as described in subparagraph (a) above, should the HCA become aware of any actual, apparent, or potential conflict of interest or should any such actual, apparent, or potential conflict of interest 12 Contract No.: 2013-01-02-003 Foreclosure Counseling Program (FCP) Program HCA Contract (June 2013) Packet Pg. 156 7.D.2.b come into being subsequent to the effective date of this Contract and prior to the conclusion of the Contract, the HCA will provide immediate notification to Florida Housing, by phone and in writing through first class certified mail, return receipt requested (Notice of Conflict of Interest), to the Florida Housing program contact at the address set forth in subparagraph 11(e) of this Contract, within ten (10) working days. If the HCA is found to be in non-compliance with this provision, without prior written consent from Florida Housing's Executive Director, any compensation received in connection with this Contract shall be subject to forfeiture to Florida Housing. 19. TECHNICAL ASSISTANCE A technical assistance provider (TAP) may be assigned to the HCA by and at the discretion of Florida Housing at any time during the term of this Contract. In such case, the TAP may evaluate the HCA to determine experience and capacity levels and submit written recommendations and observations to Florida Housing. In no event, however, shall the TAP manage, control or direct the manner in which the HCA renders the services contemplated under this Contract. 20. FACILITIES The facilities and premises used by the HCA in providing the services under this Contract shall be maintained in commercially reasonable clean and safe condition, and accessible to all persons, including persons with disabilities. 21. OTHER LANGUAGES The HCA must be prepared to communicate with non-English speaking Applicants in providing the services contemplated under this Contract. To that end, the HCA either must have staff fluent in the language of any such Applicant or use interpreter services to ensure that such Applicant has access to the services and programs contemplated under this Contract. 22. ANTI -DISCRIMINATION M L The HCA will not permit or engage in discrimination against any Applicant on any prohibited c basis, including, but not limited to, gender, race, religion, color, familial status, national origin, ancestry, 0 creed, pregnancy, martial or parental status, sexual orientation, or physical, mental, emotional or learning disability. E z 23. COMPLIANCE M Q The HCA agrees to comply with quality control, compliance and evaluation of the Unemployment Mortgage Assistance Program and Mortgage Loan Reinstatement Program for activities performed pursuant to the Contract. 24. ENTIRE AGREEMENT: ALL PRIOR AGREEMENTS SUPERSEDED AND TERMINATED This Contract, including any and all attachments, embodies the entire agreement of the parties with respect to its subject matter. This Contract supersedes and replaces all previous oral or written communications, representations or agreements in connection with or related to the subject matter of this Contract, including, specifically, any previous version(s) of this Contract entitled Contract For HCA Services For The HFA Foreclosure Counseling Program Unemployment Mortgage Assistance Program And Mortgage Loan Reinstatement Program between Florida Housing and the HCA. Upon execution of 13 Contract No.: 2013-01-02-003 Foreclosure Counseling Program (FCP) Program HCA Contract (June 2013) Packet Pg. 157 7.D.2.b this Contract, any such previous contract shall be deemed terminated by mutual agreement of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their undersigned representatives as duly authorized. LM Name: Title: FEIN: DATE: FLORIDA HOUSING FINANCE CORPORATION By: Name: Stephen P. Auger Title: Executive Director DATE: 14 Contract No.: 2013-01-02-003 Foreclosure Counseling Program (FCP) Program HCA Contract (June 2013) Q Packet Pg. 158 Exhibit A 7.D.2.b REQUEST FOR QUALIFICATIONS 2013-01 HOUSING COUNSELING AGENCIES FOR THE IMPLEMENTATION OF THE FORECLOSURE COUNSELING PROGRAM FUNDED THROUGH THE NATIONAL MORTGAGE SETTLEMENT for FLORIDA HOUSING FINANCE CORPORATION Issued: February 12, 2013 Deadline for Responses: March 12, 2013 Q Packet Pg. 159 Exhibit A 7.D.2.b SECTION ONE INTRODUCTION On January 17, 2013, the Legislative Budget Commission approved a $10 million allocation from National Mortgage Settlement funds to provide foreclosure counseling services to be administered by Florida Housing. The funding will allow Florida Housing to carry out the following objectives: • Help prevent homeowners from going into foreclosure; and • Provide at -risk homeowners with good financial management education to help them better manage their money and assist them with credit problems in order to become financially stable. Florida Housing proposes to meet these objectives by providing funding on a fee -for - service basis to U.S. HUD approved housing counseling agencies to carry out foreclosure counseling services and more extensive financial management education. The program approach will be to provide counseling support for at risk homeowners that augments counseling provided through the National Foreclosure Mitigation Counseling (NFMC) Program and other programs when available. Florida Housing estimates that this new program will serve a minimum of 10,500 homeowners. The objective of this new program is to more fully support homeowners through their delinquency resolution negotiations. Participating HCAs will develop an action plan for each client that is tailored to their needs and is revised as circumstances change, and will assist them with loan servicer and other contacts throughout the process. The goal is to provide families with the ability to follow a tailored plan throughout the modification or foreclosure process, even after counseling is completed. In addition to an action plan for their situation, many families also need financial education to ensure that these situations are less likely to occur in the future. The services sought will be performed in accordance with the terms and conditions set forth in this RFQ, and/or any other term and condition in any Contract subsequently awarded. Offerors will be selected through Florida Housing's review of each response, considering the factors identified in this RFQ, and any other factors that Florida Housing considers relevant to serving the best interests of Florida Housing and its mission. 2 FHFC RFQ 2013-01 Packet Pg. 160 Exhibit A 7.D.2.b SECTION TWO DEFINITIONS For purposes of this document, the terms reflected below shall be defined as follows: "Board" The Board of Directors of Florida Housing Finance Corporation. "Committee" The review committee comprised only of employees of Florida Housing that is established pursuant to Fla. Admin. Code R. 67-49.007. "Contract" The document containing the terms and conditions of this RFQ and any other term and condition that the parties agree to. "Contractor" A person or entity providing the professional services described in Section Four of this RFQ. "Days" Calendar days, unless otherwise specified. "Effective Date" The date the last party signs the Contract(s) that is (are) awarded as a result of this RFQ. "Florida Housing" Florida Housing Finance Corporation, a public corporation and public body corporate and politic created by Section 420.504, Fla. Stat. "Foreclosure Counseling Program" The program created to provide foreclosure counseling or "FCP" services to homeowners with funding provided from the National Mortgage Settlement. "Housing Counseling Agency" An agency certified by the U. S. Department of or "HCA" Housing and Urban Development to provide housing counseling services to homeowners. "Interested Party" A person or entity that obtains a copy of the RFQ from Florida Housing. "Offeror" Any person or entity who has the capability in all respects to perform fully the requirements contained in this RFQ and submits a response to this RFQ. "Response" The written submission by an Offeror to this RFQ. "RFQ" This Request for Qualifications, including all exhibits 3 FHFC RFQ 2013-01 Packet Pg. 161 7.D.2.b Exhibit A referenced in this document and all other documents incorporated by reference. "Staff' Any employee of Florida Housing, including the Executive Director. "Threshold Item" A mandatory requirement of the RFQ. Failure to meet any requirement in the RFQ designated as a "Threshold Item" shall result in rejection (no further action) of a Response. "Website" The Florida Housing Finance Corporation website, the Universal Resource Locator (URL) of which is www. floridahousing. org SECTION THREE PROCEDURES AND PROVISIONS A. An Offeror must submit an original and five (5) copies of the Response in a sealed envelope marked "RFQ 2013-01." Each envelope or package containing Responses must clearly state the name of the Offeror. In addition, an Offeror must submit an electronic copy of the Proposal on a compact disc at the time the hard copies are submitted. The Response that is the original must clearly indicate "Original" on that Response. Florida Housing shall not accept a faxed or e-mailed Response. In order for the Offeror to be considered in the first round of awards, Florida Housing must receive Responses on or before 2:00 p.m., Eastern Time, on Tuesday, March 12. 0 Florida Housing intends to keep this RFQ open. For any Response received after March 12, 2013 the Committee will evaluate and make its recommendations to the Board at the ° t� next regularly scheduled Board meeting after the applicable Review Committee Meeting noticed in the Florida Administrative Register. z Responses shall be opened at that time and consecutively numbered. Responses must be M addressed to: Q Sherry Green Contracts Administrator Florida Housing Finance Corporation 227 North Bronough Street, Suite 5000 Tallahassee, FL 32301-1329 (850) 488-4197; Fax (850) 414-6548 Email: sherry.green(&floridahousing.org B. This RFQ does not commit Florida Housing to award a Contract to any Offeror or to pay any costs incurred in the preparation or mailing of a Response. 4 FHFC RFQ 2013-01 Packet Pg. 162 7.D.2.b Exhibit A C. All services under the Contract awarded are to be performed solely by the Contractor(s), and may not be subcontracted or assigned without the prior written approval and consent of Florida Housing. D. Florida Housing reserves the right to: 1. Waive minor deficiencies and informalities; 2. Accept or reject any or all Responses received as a result of this RFQ; 3. Obtain information concerning any or all Offerors from any source; 4. Schedule an oral interview before the Committee and/or the Board from any or all Offerors; 5. Select for Contract negotiation or for award, a Response other than that with the highest score if, in the judgment of Florida Housing, its and the public's best interest shall be served; and 6. Negotiate with successful Offerors with respect to any additional terms or conditions of the Contract. 7. Pursuant to Fla. Admin. Code R. 67-49.004, Florida Housing may c modify the terms of the RFQ at any point prior to the due date of C' Responses. A notice of such modification shall be posted on Florida LU Housing's Website and shall be provided to potential Offerors who W requested copies of the RFQ. The deadline for receipt of Responses 0 may be extended as deemed necessary by Florida Housing. 0 t� E. Any Interested Party may submit any question regarding this RFQ in r writing via mail, fax, or e-mail to Sherry Green at the address given in Section Three, paragraph A. All questions are due by 5:00 p.m., Eastern Time, on Tuesday, February 19, z 2013. Phone calls shall not be accepted. Florida Housing expects to respond to all questions by 5:00 p.m., Eastern Time, on Friday, February 22, 2013. Florida Housing shall Q post a copy of all questions received and their answers on Florida Housing's Website at: http://apps.floridahousing.org/StandAlone/FHFC ECM/AppPag_e Le a� s.aspx Florida Housing shall also send a copy of those questions and answers in writing to any Interested Party that requests a copy. Florida Housing shall determine the method of sending its answers, which may include regular U.S. mail, overnight delivery, fax, e-mail or any combination of the above. Only written responses or statements from Sherry Green or her designee that are posted on the Website shall bind Florida Housing. No other means of communication, whether oral or written, shall be construed as an official response or statement from Florida Housing. F. Any person who wishes to protest the specifications of this RFQ must file a FHFC RFQ 2013-01 Packet Pg. 163 7.D.2.b Exhibit A protest in compliance with Section 120.57(3), Fla. Stat., and Fla. Admin. Code R. 28-110. Failure to file a protest within the time prescribed in Section 120.57(3), Fla. Stat., shall constitute a waiver of proceedings under Chapter 120, Fla. Stat. G. The term of the initial Contract shall be two years with annual renewals available for each year thereafter in which there are funds available for the program and upon satisfactory performance evaluations by Florida Housing. SECTION FOUR OBJECTIVES AND SCOPE OF SERVICES All HCAs participating in the FCP will be required to provide the following services: A. Counseling Scope of Services 1. Basic Counseling Basic Counseling will include client intake, verification of a homeowner's budget and financial information and documentation of such, determination of delinquency status, evaluation of affordability options, determination of the best course of action for the homeowner, preparation of an action plan, and initiation of delinquency resolution negotiations with the lender. For clients coming into the FCP that have already received these services through the NFMC or other program, this service will be limited to only counseling that was not provided and paid for by the previous program. 2. Extended Counseling 0 L Extended Counseling will include ongoing support through the process of a trial v loan modification, formal loan modification or other resolution as a homeowner resolves financial issues and negotiates with their lender, with services reimbursed according to a specific set of milestones. For example, this will include: Q • Counseling services to a homeowner during a trial loan modification; • Counseling services to a homeowner during a formal loan modification; and/or • Counseling services in a situation where a homeowner does not accept a modification plan because it does not provide enough relief for them to keep their home, or is not provided a formal modification and therefore must go through disposition of their home. 3. Financial Management Education Financial Management Education will provide homeowners with the skills and knowledge necessary to ameliorate the risk of re -default or avoid problems in the 6 FHFC RFQ 2013-01 Packet Pg. 164 7.D.2.b Exhibit A future. This service may be provided in a one-on-one session or in a group and may include in -person training and virtual training. All financial management education programs and materials shall be approved by Florida Housing prior to use in the FCP. 4. Ongoing File Maintenance and Document Management Client files shall be maintained for three years past the date of resolution. This will include documentation on income, mortgage and other sensitive documents and will be required to be maintained in a secure manner. 5. Adherence with Compliance Monitoring Requirements The Contractor shall be required to provide any information, data or documentation required by Florida Housing or its monitoring agent related to evaluating compliance with program requirements. 6. Reporting The Contractor shall be required to submit to Florida Housing all required reports according to timeframes established by Florida Housing. These reports may include, but are not limited to, number of clients served, types of services provided, demographic data on clients, and client outcomes. 7. Other Services The Contractor may be offered the opportunity to enter into a contract to serve as an Advisor Agency under the Hardest Hit Fund Program based on the needs of that 0 program as determined by Florida Housing Staff. 0 0 B. Contractor Objective Requirements c 1. Experience: All counseling agencies must have a minimum of two years of E experience in the delivery of foreclosure intervention and delinquency resolution services. Counselors working at these agencies will be required to Q be certified through training and have experience working in existing foreclosure counseling programs. A compliance monitor or technical assistance provider may be assigned to the HCA by Florida Housing at any time during the contract period to evaluate experience and capacity levels and submit written recommendations and observations. 2. Facilities: Any premises used for counseling services must be clean, safe and accessible to all persons, including persons with disabilities. The HCA must have facilities available to give private counseling sessions. The facilities may be offsite if necessary. If the HCA provides group counseling sessions, the premises must maintain the same standards. 7 FHFC RFQ 2013-01 Packet Pg. 165 7.D.2.b Exhibit A Outreach and Marketing: The HCA must make reasonable efforts to reach clients who need its services. This may be done in a variety of ways: advertising, contact with social agencies and partnering with other entities in the HCAs service area. The HCA should implement an outreach and marketing plan where possible. The HCA must make sure that any information disseminated in any format is not false or misleading. 4. Recordkeeping: The HCA must use a client management software that can provide the required data elements in an electronic format that is acceptable to Florida Housing. File Retention: Files must be maintained in a manner which safeguards the privacy of the client's information. Paper documentation must be kept in secured file cabinets. Scanned or electronically stored documents must be safeguarded in a fashion that securely maintains client privacy. Files must be retained for a minimum of three (3) years from the outcome date or longer if there is an audit, investigation or litigation in progress. 6. National Industry Standards: The HCA must adopt The National Industry Standards for Homeownership Education and Counseling. 7. Certification: All counselors and applicable administrators must be trained M to provide services under this contract and certified in Foreclosure N Intervention and Default courses by NeighborWorks America, the National W Uj Council of LaRaza, National Foundation of Credit, Florida Specific Certification or other approved certification provider and must maintain these, certifications every three years. New or existing staff to be used as counselors L must be certified within 18 months of hire or reassignment. c 0 0 S. Compliance with the State Law: The HCA and its staff must be in c compliance with all applicable laws of Florida. E z 9. Other Languages: The HCA must either have counselors fluent in the language that clients speak or will use interpreter services to ensure non- Q English speaking clients can obtain foreclosure counseling. 10. Anti -Discrimination: The HCA will not permit discrimination against clients on the basis of their gender, race, religion, color, familial status, national origin, ancestry, creed, pregnancy, martial or parental status, sexual orientation, or physical, mental, emotional or learning disability. 11. Compliance: The HCA will comply with quality control, compliance and evaluation of activities performed pursuant to the Contract. Any items that place the HCA on Florida Housing's Past Due or Non -Compliance List must FHFC RFQ 2013-01 Packet Pg. 166 7.D.2.b Exhibit A be cleared prior to execution of a Contract with Florida Housing or before payment for services is rendered by Florida Housing. 12. Conflict of Interest: The HCA must certify that the staff and volunteers who will provide foreclosure counseling have no conflict(s) of interest due to relationships with servicers, real estate agencies, mortgage lenders, family members and/or other entities that may stand to benefit from particular outcomes. 13. Compensation: The HCA will not be permitted to charge clients for any services rendered. All compensation will be disbursed by Florida Housing from the FCP Program funding. 14. Nonprofit Status. The applicant must function as a nonprofit organization. The agency must submit evidence of nonprofit status as demonstrated by Section 501 © of the Internal Revenue Code. 15. Compliance with Fair Housing and Civil Rights Laws. The HCA must comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105 (a). 16. Affirmatively Furthering Fair Housing. The HCA must affirmatively further fair housing for classes protected under the Fair Housing Act. Protected classes include race, color, national origin, religion, sex, disability and familial status. HCAs are expected to help remedy discrimination in housing and promote fair housing rights and fair housing choice. 17. Ineligible Participants. The HCA, including any of the agency's directors, L partners, officers, principals, or employees must not be: 1. Suspended, c debarred, or otherwise restricted under any local, state or federal regulations; 0 2. Indicted for, or convicted of, a criminal offense that reflects upon the c responsibility, integrity or ability of the agency to participate in housing E counseling activities; or 3. Subject to unresolved findings because of U.S. HUD or other government audits or investigations. Q 18. Alternative Formats. The HCA must be prepared to provide vital documents and information in alternative formats for persons with disabilities or make alternate accommodations for persons with disabilities. 19. Knowledge of Existing Resolution Strategies, Specifics of Working within Florida's Judicial Foreclosure System, and Local Housing Market. The agency's housing counseling staff must possess a working knowledge of strategies and available programs. 9 FHFC RFQ 2013-01 Packet Pg. 167 Exhibit A 7.D.2.b 20. Community Resources. The HCA must demonstrate that it has established working relationships with private and public community resources to which it can refer clients who need help the agency cannot offer. SECTION FIVE INFORMATION TO BE PROVIDED IN RESPONSE In providing the following information, restate each item and sub -item (with its letter and number), and limit your Response to one bound volume. Responses to the items must be included immediately after the restated items without any reference to any appendix. A. COVER LETTER Each proposal must be accompanied by a cover letter that contains a general statement of the purpose of submission and includes the following information: 1. The organization name, office address, city, state, and zip code. 2. The name, phone number and extension and e-mail address of the Executive Director or other official who has the capacity to sign legal agreements for the Offeror. 3. The name, job title, address, office telephone numbers, fax number, and e-mail address of a primary contact person who shall be responsible for day-to-day contact with Florida Housing, and any backup personnel who would be accessible if the primary contact cannot be reached. 4. Legal business status (individual, partnership, corporation, etc.) and address and telephone number of the Offeror. 5. All branch or affiliate information including name, office address, city, state, zip code, telephone number and fax number. B. GENERAL INFORMATION 1. Provide evidence that the organization is approved as a U.S. HUD HCA. 2. Provide a copy of the declaration page for proof of professional liability errors and omissions insurance which includes the following: name of carrier and policy number; effective date of insurance; policy exclusions, if any; current coverage amounts; parties covered; and type of coverage. 3. Provide evidence of non-profit status. 10 FHFC RFQ 2013-01 Packet Pg. 168 Exhibit A 7.D.2.b 4. Provide evidence of being an adopter of The National Industry Standards for Homeownership Education Counseling. 5. Provide Offeror's policy and procedures regarding the safe keeping of client's confidential information. C. EXPERIENCE, RESOURCES AND QUALIFICATIONS 1. How long, in months, has your organization provided foreclosure counseling services? 2. Provide a list of certified foreclosure counselors on the staff of the HCA. a. For each certified counselor: 1. provide applicable proof of certification and length of time providing these services; and 2. programs worked in; and 3. length of time providing these services for each program. 3. Provide a list of other foreclosure staff. For example: intake workers, negotiators, etc. For each staff person, provide: a. detail of experience in foreclosure counseling services; and b. current job duties. 4. Provide a list of staff qualified to provide financial management education to clients. a. For each staff member qualified, provide: 1. detail of financial management education experience; 2. programs served; and 3. length of experience. 5. Number of certified foreclosure counselors the Offeror anticipates hiring or reallocating and training (existing staff) for this program within the next 12 months. D. SERVICE AREA Please provide a list of counties in your projected in -person counseling service area. E. DELIVERY OF COUNSELING FHFC RFQ 2013-01 Packet Pg. 169 Exhibit A 7.D.2.b 1. Please provide types of counseling your organization is capable of performing: Types of Counseling Phone Face to face Internet Video conference Other — Please describe 2. Does your organization currently have the capacity to provide telephone counseling to clients statewide? 3. Does your organization have the capacity to provide financial management education? F. DRUG -FREE WORKPLACE If the Offeror has implemented a drug -free workplace program, pursuant to Section 287.087, Fla. Stat., the Offeror must submit a valid affidavit to demonstrate its status. G. MINORITY BUSINESS ENTERPRISE If the Offeror is a minority business enterprise as defined in Section 288.703, Fla. Stat., the Offeror must submit a valid affidavit to demonstrate its status. H. Certification (Threshold Item): FAILURE TO INCLUDE THE CERTIFICATION STATEMENT LOCATED IN SECTION SIX OF THIS RFQ BEARING AN ORIGINAL SIGNATURE SHALL RESULT IN REJECTION OF THE RESPONSE. SECTION SIX CERTIFICATION Do not reproduce the language of Section Six in the Response. By inclusion and execution of the statement provided in this Section each Offeror certifies that: A. The Offeror submits this Response without prior understanding, agreement, or connection with any person or entity submitting a separate Response for the same services. However, any agreement with a person or entity with whom the Response is jointly filed, and such joint filing is made clear on the face of the Response, shall be an exception so long as the Response is in all respects fair and without collusion or fraud. 12 FHFC RFQ 2013-01 Packet Pg. 170 7.D.2.b Exhibit A B. Any material submitted in response to this RFQ is a public record pursuant to Chapter 119, Fla. Stat., and subject to examination upon request, after Florida Housing provides a notice of decision pursuant to Section 120.57(3), Fla. Stat., or within 10 Days after the Response is opened, whichever is earlier. C. The Offeror is in compliance with Section 420.512(5), Fla. Stat., which provides: "Service providers shall comply with the following standards of conduct as a condition of eligibility to be considered or retained to provide services. For purposes of paragraphs (a), (b), and (c) only, the term `service provider' means and is limited to a law firm, an investment bank, or a credit underwriter, and the agents, officers, principals, and professional employees of the service provider. (a) A service provider may not make contributions in any amounts, directly or indirectly, for or on behalf of candidates for Governor, nor shall any service provider make a contribution in excess of $100 to any candidate for a member of the State Board of Administration other than the Governor in Florida while the service provider is included in an applicant pool from which service providers are 0 selected to provide services to the corporation, while the service provider provides services to the corporation, and for the longer of a period of 2 years thereafter or for CO a period through the next general election for Governor. (b) The service provider shall not participate in fundraising activities for or on N behalf of candidates for Governor in Florida while the service provider is included in an applicant pool from which service providers are selected to provide services c to the corporation, while the service provider provides services to the corporation, C' Cn and for the longer of a period of 2 years thereafter or for a period through the next general election for Governor. (c) Service providers shall provide to the corporation a statement that the service 0 provider has not contributed to candidates for Governor or contributed in excess of the amounts allowed by this section for a member of the State Board of v Administration or engaged in fundraising activities for or on behalf of candidates c for Governor in Florida since the effective date of this section or during the 24 E months preceding the service provider's application to provide services to the z corporation, whichever period is shorter. (d) The service provider may not engage in prohibited business solicitation Q communications with officers, members, or covered employees of the corporation. (e) If a service provider is in doubt as to whether its activities, or the activities of its principals, agents, or employees, violate the provisions of this section, it may request a declaratory statement in accordance with the applicable rule and Section 120.565, Fla. Stat. (f) If the corporation determines that a service provider has failed to meet the provisions of this section, it shall consider the magnitude of the violation and whether there has been a pattern of violations in determining whether to terminate or decline to enter into Contracts with the service provider." D. For the purpose of Section 420.512(5), Fla. Stat., "Prohibited Business 13 FHFC RFQ 2013-01 Packet Pg. 171 7.D.2.b Exhibit A Solicitation Communications" is defined by Section 420.503(31), Fla. Stat., which provides: "Prohibited business solicitation communication means a private written or verbal communication between a member, officer, or covered employee of the corporation and a service provider regarding the merits of the service provider and whether the corporation should retain the services of the service provider. The term does not include: (a) A verbal communication made on the record during a public meeting; (b) A written communication provided to each member and officer of the corporation and made part of the record at a public meeting; (c) A written proposal or statement of qualifications submitted to the corporation in response to a corporation advertisement seeking proposals or statements of qualifications as part of a competitive selection process. (d) A verbal or written communication related to the contractual responsibilities of a service provider who was selected to provide services or who was included in a pool of service providers eligible to provide services as a result of a competitive selection process, so long as the communication does not relate to solicitation of business. (e) A verbal or written communication related to a proposed method of financing or proposed projects, so long as the communication does not relate to solicitation of business." E. The Offeror is in compliance with Section 287.133(2)(a), Fla. Stat., which provides in pertinent part: A person or affiliate, who has been placed on the convicted vendor list, following a conviction for a public entity crime, may not: L a. submit a bid on a contract to provide any goods or services to a public entity; v r b. submit a bid on a contract with a public entity for the construction or repair of a public building or public work; z c. submit bids on leases of real property to a public entity; Q d. be awarded or perform work as a contractor, supplier, subcontractor, or Contractor under a contract with any public entity, and; transact business with any public entity in excess of the threshold amount provided in Section 287.017, Fla. Stat., for CATEGORY TWO: $35,000, for a period of 36 months from the date of being placed on the convicted vendor list. The Offeror acknowledges that any Offeror selected shall be prohibited from engaging in activities in connection with services related to Florida Housing transactions that produce direct or indirect financial gain for the Offeror other than the compensation agreed upon in the Contract 14 FHFC RFQ 2013-01 Packet Pg. 172 Exhibit A 7.D.2.b that results from this RFQ, unless that Offeror has written consent from Florida Housing's Executive Director after Florida Housing has been fully informed of such activities in writing. 7. In addition to the conflict of interest rules imposed by the Florida Statutes, the Offeror(s) that is (are) selected to provide these services may not engage in any actual, apparent, or potential conflict of interest. Should any such actual apparent, or potential conflict of interest come into being subsequent to the effective date of the Contract and prior to the conclusion of the Contract, the Offeror shall provide notification (Notice of Conflict of Interest) to Florida Housing, through first class certified mail, return receipt requested, within 10 working days, seeking written consent from Florida Housing's Executive Director. If the Offeror is found to be in non-compliance with this provision, without written consent from Florida Housing's Executive Director, any compensation received in connection with the Contract shall be subject to forfeiture to Florida Housing. F. Certification Statement THE FOLLOWING SHALL BE REPEATED IN THE OFFEROR'S RESPONSE AND SIGNED BY AN INDIVIDUAL AUTHORIZED TO BIND THE OFFEROR. FAILURE TO INCLUDE THE CERTIFICATION STATEMENT BEARING AN ORIGINAL SIGNATURE SHALL RESULT IN REJECTION OF THE RESPONSE. "I agree to abide by all conditions of RFQ 2013-01 and certify that all information provided in this Response is true and correct, that I am authorized to sign this Response as the Offeror and that I am in compliance with all requirements of the RFQ, including but not limited to, the certification requirements stated in Section Six of this RFQ." Authorized Signature (Original) Print Name and Title 15 FHFC RFQ 2013-01 Q Packet Pg. 173 7.D.2.b Exhibit A SECTION SEVEN FEESCHEDULE Fees structure will be finalized and established in the contract between the participating HCAs and Florida Housing. SECTION EIGHT EVALUATION PROCESS The individual Committee members shall independently evaluate the Responses by reviewing the answers to determine if requirements are met for each Response. The Committee shall conduct one or more public meetings during which the Committee may discuss its evaluations, select Offerors to be considered for Contract, make any adjustments deemed necessary to best serve the interests of Florida Housing's mission, and develop a recommendation or series of recommendations to the Board. It is anticipated that all U.S. HUD approved HCAs that provide proper responses to all requirements of the RFQ will be approved and eligible to enter into a contract with Florida Housing to provide counseling services through the FCP. SECTION NINE AWARD PROCESS Florida Housing shall provide notice of its decision, or intended decision, for this RFQ on M w Florida Housing's Website the next business day after the applicable Board vote. After posting, an unsuccessful Offeror may file a notice of protest and a formal written protest in accordance with Section 120.57(3), Fla. Stat., et. al. Failure to file a protest within the time prescribed in Section 120.57(3), Fla. Stat., et. al. or failure to post the bond or other c security required by law within the time allowed for filing a bond shall constitute a waiver V of proceedings under Chapter 120, Fla. Stat. E z 16 FHFC RFQ 2013-01 Q Packet Pg. 174 Exhibit B 7.D.2.b Foreclosure Counseling Program Program Procedures --Mmq 9LI FLORIDA FORECLOSURE COUNSELING PROGRAM Florida Housing Finance Corporation June 2013 r a Packet Pg. 175 Exhibit B 7.D.2.b Table of Contents Title Page # Foreclosure Counseling Program Overview 3 Summary of Implementation Steps 4 Scope of Services 5 Housing Counseling Agency Requirements 6 Housing Counseling Agency Procedures 8 = Data Elements 10 Billing Milestones 11 Billing and Reimbursement Procedures 12 Funds Available to HCAs (Allocation and Reservation) 12 Florida Housing Ongoing Program Activities 13 Florida Housing Finance Corporation Foreclosure Counseling Program Procedures June 2013 Page 2 0 a 0. a IL 0 LL LU rn N N M_ O N W W 0 L �0♦ V Cd G t V a Packet Pg. 176 7.D.2.b Exhibit B Foreclosure Counseling Program Overview On January 17, 2013, the Legislative Budget Commission approved a $10 million allocation from National Mortgage Settlement funds to provide foreclosure counseling services to be administered by Florida Housing. The funding will allow Florida Housing to carry out the following objectives: • Help prevent homeowners from going into foreclosure; and • Provide at -risk homeowners with good financial management education to help them better manage their money and assist them with credit problems to become financially stable. The staff proposes to meet these objectives by providing funding on a fee -for -service basis to HUD approved housing counseling agencies (HCAs) to carry out foreclosure counseling services and more extensive financial management education free to at -risk homeowners. The program will include providing counseling support for homeowners that augments counseling provided through the National Foreclosure Mitigation Counseling (NFMC) Program and other programs. Over the past few years, Florida Housing has been awarded $9.5 million in NFMC funds to support 37 counseling agencies in the provision of basic counseling for more than 30,000 homeowners. The staff estimates that this new program will serve a minimum of 10,500 homeowners by building on the basic services provided in the NFMC Program. The objective of this new program is to more fully support homeowners through their delinquency resolution negotiations. Exhibit B provides a chart to show the approximate timing and flow of services to homeowners from client intake through a successful loan modification, a period of approximately two years, depending on how quickly the lender responds to a homeowner request for a loan modification. HCAs would develop an action plan for each client that is tailored to their needs and is revised as circumstances change, and would assist them with loan servicer and other contacts throughout the process. The goal is to provide families with the ability to follow a tailored plan throughout the modification or foreclosure process, even after counseling is completed. In addition to an action plan for their situation, many families also need financial education to ensure that these situations are less likely to occur in the future. Florida Housing may use up to 7.5 percent of the total funding for administrative costs, including training and technical assistance, compliance, quality assurance monitoring and data reporting functions. This includes costs related to contracting for some services. The current implementation timeline is for HCAs to begin offering services to at -risk homeowners in July 2013 with a three to four year performance period. The key steps of the program are outlined below: Florida Housing Finance Corporation Foreclosure Counseling Program Procedures June 2013 Page 3 Packet Pg. 177 7.D.2.b Exhibit B Summary of Key Steps Florida Housing is responsible for the administration of the program, but is implementing a number of services through contracts with HCAs, a contractor to provide training and technical assistance, and compliance monitors. Housing Counseling Agency Services. The staff has received authority from the Florida Housing Board to contract with HCAs to provide foreclosure counseling and financial management directly to homeowners. Only nonprofit HCAs approved by the U.S. Department of Housing and Urban Development are eligible to participate. Florida Housing will contract with 50-55 successful HCAs to provide services to homeowners that were approved by the Florida Housing Board at their meetings in April and June 2013. 1. Training and Monitoring Services. In April 2013, the Board approved staff to contract with an experienced provider of technical assistance and training on foreclosure counseling to ensure that HCAs and their staffs are knowledgeable about the particulars of this program, including reporting requirements, as well as providing high quality services to homeowners. Florida Housing can use third party servicers currently under contract to provide compliance monitoring services. 2. Data Reporting System to Monitor Program Success and Manage Reporting and Reimbursement for Services. Florida Housing has contracted for the development of software to collect data on homeowners served to monitor the outcomes of the program and provide a way for the HCAs to report each month on services provided for reimbursement purposes. 3. HCA Training. The contracted training provider will provide, along with Florida Housing, an initial training that will be required of all HCAs participating in this program. At a minimum, all participating HCAs and their staff working under this program are required to receive training on the program objectives, specific services and reporting outcomes, procedures for reimbursement of services, monthly data reporting, technical assistance opportunities, compliance monitoring and quality assurance requirements. Additional training will be available to HCA staff through webinars and online learning modules. 4. Foreclosure Counseling and Financial Management Education Services to Homeowners Statewide. Based on the funding allocation methodology, funding for all counseling/education services provided under this program initially will be proportionally reserved for homeowners in each county. HCAs may rely on funding availability when planning and coordinating for service provision. After the initial period, which could be as long as one year, Florida Housing will evaluate expenditures in the program and, as necessary, propose revisions to the allocation methodology to ensure that program funds continue to flow expediently throughout the state. Florida Housing Finance Corporation Foreclosure Counseling Program Procedures June 2013 Page 4 Packet Pg. 178 Exhibit B 7.D.2.b Ongoing Program Activities. The HCAs will provide services to homeowners and provide Florida Housing with data on services rendered and homeowner status each month, as specified by contract, in order to be reimbursed. In addition to the activities outlined above, there would be several additional ongoing activities: monitoring of counseling for quality assurance and, as needed, technical assistance for HCAs; monitoring of billing and any eligibility requirements for participating HCAs; and monitoring for possible fraud. 6. Evaluating program success and providing regular progress reports. Florida Housing will employ program performance measures that address program outcomes, including successful homeowner financial management training. Florida Housing expects to provide regular progress reports to the Board, Governor, Legislature and Attorney General on this program. Scope of Services Counseling milestones will be used to determine a client's progress through the program and will represent the points at which an HCA can submit invoices for payment to Florida Housing for services to the client. Florida Housing will determine if the activity being reported meets the milestone and is eligible for reimbursement. The scope of services to homeowners is summarized below, along with expected payments associated with each. 1. Level One Counseling Services ($150). Basic Counseling will be the initial intake session with a homeowner and will include, but is not limited to, client intake, identifying the homeowner's goal(s), verification of a homeowner's budget and financial information and documentation of such, determination of delinquency status, evaluation of affordability options, determination of the best course of action for the homeowner, preparation of an action plan, and initiation of delinquency resolution negotiations with the lender. Clients entering the FCP that have already received these services through the NFMC or other programs will proceed directly into Level Two Counseling Services. 2. Level Two Counseling Services ($300). This counseling module will cover costs associated with additional counseling services needed to assist a homeowner with implementation of the action plan prepared in Level One and Financial Management Training. These services will include ongoing support through the process of pursuing a loan modification or other resolution as a homeowner resolves financial issues and negotiates with their lender, with services reimbursed according to a specific set of milestones. One of the billing items ($75) in this level can be used to provide financial management training which is required of all program participants. 3. Level Three Counseling Services ($300). This level of services will be used as needed to cover costs of supporting a homeowner once they have received approval of a trial and/or permanent loan modification, including such actions as review of homeowner financial status as needed, additional budgeting work, review/revision of action plan, counseling related to staying current on mortgage payments and documentation. 4. Level Four Counseling Services ($150). These counseling services will be used as needed to cover costs if a homeowner is denied a loan modification or the homeowner is unsuccessful in maintaining the payments in a trial loan modification (i.e., circumstances are such that the Florida Housing Finance Corporation Foreclosure Counseling Program Procedures June 2013 Page 5 Q Packet Pg. 179 7.D.2.b Exhibit B homeowner will not be able to remain in their home). These services will include discussion of a transition plan (e.g., short sale, foreclosure, deed in lieu) and timeline, review and revision of action plan and any final review/revision of the homeowner's budget. 5. Financial Management Education (payment will be made as part of Level Two). Financial Management Education training will provide homeowners with the skills and knowledge necessary to ameliorate the risk of re -default or avoid problems in the future. Provided by the HCAs, this service may be provided in a one-on-one session or in a group and may include in - person training and virtual training. 6. Ongoing File Maintenance, Document Management, Compliance Management and Reporting. HCAs will maintain client files will be maintained for three years past the date of resolution. This will include documentation on income, mortgage and other sensitive documents and will be required to be maintained in a secure manner. Each HCA shall be required to provide information, data and documentation required by Florida Housing or our monitoring when evaluating compliance with program requirements. HCAs shall be required to submit to Florida Housing all required reports according to timeframes established by Florida Housing. These reports will include information such as the number of clients served, types of services provided, demographic data on clients and client outcomes. This information will be collected by Florida Housing as part of an HCA's billing procedures. Housing Counseling Agency (HCA) Requirements All HCAs participating in the FCP will be required to meet all of the following standards: 1. Experience: All counseling agencies must have a minimum of two years of experience in the c delivery of foreclosure intervention and delinquency resolution services. Counselors working at `,' these agencies will be required to be certified through training and have experience working in existing foreclosure counseling programs. A compliance monitor or technical assistance provider -- may be assigned to the HCA by Florida Housing at any time during the contract period to evaluate 0 experience and capacity levels and submit written recommendations and observations. 0 0 2. Facilities: Any premises used for counseling services must be clean, safe and accessible to all persons, including persons with disabilities. The HCA must have facilities available to give private counseling sessions. The facilities may be offsite if necessary. If the HCA provides group z counseling sessions, the premises must maintain the same standards. Q 3. Outreach and Marketing: The HCA must make reasonable efforts to reach clients who need its services. This may be done in a variety of ways: advertising, contact with social agencies and partnering with other entities in the HCAs service area. The HCA should implement an outreach and marketing plan where possible. The HCA must make sure that any information disseminated in any format is not false or misleading. 4. Recordkeeping: The HCA must use a client management software that can provide the required data elements in an electronic format that is acceptable to Florida Housing. 5. File Retention: Files must be maintained in a manner which safeguards the privacy of the client's information. Paper documentation must be kept in secured file cabinets. Scanned or Florida Housing Finance Corporation Foreclosure Counseling Program Procedures June 2013 Page 6 Packet Pg. 180 7.D.2.b Exhibit B electronically stored documents must be safeguarded in a fashion that securely maintains client privacy. Files must be retained for a minimum of three (3) years from the outcome date or longer if there is an audit, investigation or litigation in progress. 6. National Industry Standards: The HCA must adopt The National Industry Standards for Homeownership Education and Counseling. 7. Certification: All counselors and applicable administrators must be trained to provide services under this contract and certified in Foreclosure Intervention and Default courses by NeighborWorks America, the National Council of LaRaza, National Foundation of Credit, Florida Specific Certification or other approved certification provider and must maintain these certifications every three years. New or existing staff to be used as counselors must be certified within 18 months of hire or reassignment. 8. Compliance with the State Law: The HCA and its staff must be in compliance with all applicable laws of Florida. 9. Other Languages: The HCA must either have counselors fluent in the language that clients speak or will use interpreter services to ensure non-English speaking clients can obtain foreclosure counseling. 10. Anti -Discrimination: The HCA will not permit discrimination against clients on the basis of their gender, race, religion, color, familial status, national origin, ancestry, creed, pregnancy, martial or parental status, sexual orientation, or physical, mental, emotional or learning disability. 11. Compliance: The HCA will comply with quality control, compliance and evaluation of activities +, performed pursuant to the Contract. Any items that place the HCA on Florida Housing's Past Due L or Non -Compliance List must be cleared prior to execution of a Contract with Florida Housing or c before payment for services is rendered by Florida Housing. c� r c 12. Conflict of Interest: The HCA must certify that the staff and volunteers who will provide foreclosure counseling have no conflict(s) of interest due to relationships with servicers, real estate agencies, mortgage lenders, family members and/or other entities that may stand to benefit from particular outcomes. Q 13. Compensation: The HCA will not be permitted to charge clients for any services rendered. All compensation will be disbursed by Florida Housing from the FCP Program funding. 14. Nonprofit Status. The applicant must function as a nonprofit organization. The agency must submit evidence of nonprofit status as demonstrated by Section 501 © of the Internal Revenue Code. 15. Compliance with Fair Housing and Civil Rights Laws. The HCA must comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105 (a). Florida Housing Finance Corporation Foreclosure Counseling Program Procedures June 2013 Page 7 Packet Pg. 181 Exhibit B 7.D.2.b 16. Affirmatively Furthering Fair Housing. The HCA must affirmatively further fair housing for classes protected under the Fair Housing Act. Protected classes include race, color, national origin, religion, sex, disability and familial status. HCAs are expected to help remedy discrimination in housing and promote fair housing rights and fair housing choice. 17. Ineligible Participants. The HCA, including any of the agency's directors, partners, officers, principals, or employees must not be: 1. Suspended, debarred, or otherwise restricted under any local, state or federal regulations; 2. Indicted for, or convicted of, a criminal offense that reflects upon the responsibility, integrity or ability of the agency to participate in housing counseling activities; or 3. Subject to unresolved findings because of U.S. HUD or other government audits or investigations. 18. Alternative Formats. The HCA must be prepared to provide vital documents and information in alternative formats for persons with disabilities or make alternate accommodations for persons with disabilities. 19. Knowledge of Existing Resolution Strategies, Specifics of Working within Florida's Judicial Foreclosure System, and Local Housing Market. The agency's housing counseling staff must possess a working knowledge of strategies and available programs. 20. Community Resources. The HCA must demonstrate that it has established working relationships with private and public community resources to which it can refer clients who need help the agency cannot offer. Housing Counseling Agency Procedures 1. Client Intake. Clients for the FCP may be: a. NFMC clients that qualify for additional counseling through the FCP; or b. New clients responding to the outreach efforts of HCAs participating in the FCP. c. New clients responding to outreach efforts of HCAs. 2. Basic eligibility criteria. In order to determine if an applicant is eligible for assistance under FCP, a counseling agencies shall: a. Verify that client is not eligible and/or has been funded under another program for these services; b. Verify all sources of income; c. Document client name and address, basic demographic information; d. Verify lender and loan information; and e. Verify reason for delinquency. 3. Client Documentation Verification. Client documentation shall be verified in accordance with the National Industry Standards for Homeownership Education and Counseling — Foreclosure Intervention Specialty (National Industry Standards). Florida Housing Finance Corporation Foreclosure Counseling Program Procedures June 2013 Page 8 Q Packet Pg. 182 Exhibit B 7.D.2.b 4. Client Authorization. A counseling agency must obtain a signed authorization form from the client or have other legally -permissible client authorization on record that will allow the participating agency to: a. Submit client -level information to Florida Housing; b. Allow files to be reviewed for program monitoring and compliance purposes; and c. Allow follow up with the client related to program evaluation, if they choose to. 5. Client Denial a. Document file with reason for client denial. b. Release reserved funding if necessary. 6. The counseling agency shall provide to an approved client: a. A disclosure statement detailing what services the HCA provides and the agency's relationship with other industry partners. b. A copy of a privacy policy detailing how the client's records will be maintained and protected. 7. Initial Counseling Session. This session will be key in establishing a plan and timeline for pursuing: a. An action plan for pursuing a trial modification including contacting the lender. b. Developing a working budget for client to begin pursuing a modification. c. Scheduling client for homeowner financial management training. Extended Counseling. After the initial counseling session, the HCA will be required to periodically update the client information, review the homeowner's budget and determine the client's progress towards the modification. The number of "touches" will be determined on a client - by -client basis, but is expected to range from 5 to 8 events and may extend into the modification period. Each touch will include: a. Income documentation re -verification b. Loan documentation and status re -verification c. Review and, if needed, make adjustments to client budget 9. . Training Clients in this program will be provided with Financial Management Training. The training program should assist the client in making changes in how they manage their finances to better deal with their overall well-being. One goal of the program is for clients to increase their habit of saving and to reduce their non -mortgage debt. 10. Trial Modification. If a client is approved for a trial modification, the HCA will continue to provide extended counseling services with the goal of transitioning the client into a permanent modification. In addition to the services described in the extended counseling section, the HCA may be required to engage with the lender/servicer to discuss specific issues related to the trial modification. 11. Permanent Modification. If a client is approved for a permanent modification, the HCA will continue to provide extended counseling services. In addition to the services described in the extended counseling section, the HCA may be required to engage with the lender/servicer to discuss specific issues related to the trial modification. 12. File Termination. If a client fails to meet goals and requirements set forth by the program or the HCA, counseling for that client may be terminated. If this occurs, the client shall be notified in writing. The notification shall include: Florida Housing Finance Corporation Foreclosure Counseling Program Procedures June 2013 Page 9 Q Packet Pg. 183 7.D.2.b Exhibit B a. Date of official termination of client from program. b. Reasons for removal of client (closing of case). i. Refusal by client to provide required documentation as requested by the HCA ii. Loss of home (foreclosure, deed in lieu, short sale) iii. Client voluntarily withdraws from counseling iv. Successful completion and transition into Permanent Loan Modification c. Procedure for appealing decision. d. Procedure for re -opening file. 13. Outcomes. The outcomes, or success measures, include: a. Intermediate Outcomes i. Financial management/budget improvement. ii. Trial Modification. b. Final Outcomes i. Permanent Modification. ii. Change in rates, terms, etc. of mortgages. iii. Short Sale. iv. Deed in lieu of foreclosure. v. Foreclosure. vi. Client disengaged from program without final outcome. 14. Reporting. HCAs will be required to submit reports to Florida Housing including, but not limited to: a. Monthly Reports containing data on: 1.Number of homeowners served 2.Counseling Milestones achieved (agency and client level data) 3.Billing report for month and life -to -date a. Annual Report containing data on: 1.Number of homeowners served 2.Counseling Milestones achieved (agency and client level data) 0 3.Billing report for month and life -to -date `° c 0 0 Data Elements. Specific data elements will be required to be captured at intake and subsequent counseling sessions by the HCA related to the client's loan. These elements will be used to determine eligibility and to track program success. Data elements required to be collected during counseling are detailed in this document in Exhibit A. 0 Q Counseling/Billing Milestones. Counseling milestones will be used to determine a client's progress through FCP as well as representing the points at which an HCA can submit invoices for payment for the client. Florida Housing will determine if the activity being reported meets the milestone and make the payment on a monthly basis if it is determined to be eligible. The Following table provides the detail of each billing type, the maximum amount of funding that can be billed for each billing type and the possible requirements for each billing type. HCAs can refer to this as guide o billing. Florida Housing Finance Corporation Foreclosure Counseling Program Procedures June 2013 Page 10 Packet Pg. 184 Exhibit B 7.D.2.b Bil ing Types Billing Type Amount Description Intake $150 (one time) • Primary Residence • Proof of Ownership • FCP Program Eligibility Determination • Intake Application • Signed Authorization • Signed Disclosure • Signed Privacy • Develop Action Plan Counseling $75 (Max $750 for all e Budget Verification Session below) • Review & Revision of Action Plan • Update Documentation • Servicer/Lender Contact Financial $75 (Max $750 for • Training Certificate Management all) Education Trial Modification $75 (Max $750 for . Budget Verification Approved all) . Review & Revision of Action Plan Permanent $75 (Max $750 for • Budget Verification Modification all) . Review & Revision of Action Plan Approved Alternative $75 (Max $750 for . Budget Verification Housing Solution all) . Review & Revision of Action Plan • Discuss Options • Signed Disclosure of Options • Referral to Service Agencies Alternative $75 (Max $750) • Implement Housing Transition Housing Outcome File Close -Out $75 (Max $750) . +90 days no contact with Client Billing Maximums Per Client 1. Level 1 - $150 2. Level 2 - $300 3. Level 3 - $300 4. Level 4 - $150 Florida Housing Finance Corporation Foreclosure Counseling Program Procedures June 2013 Page 11 0 M c 0 t� r c m E z 0 Q Packet Pg. 185 7.D.2.b Exhibit B Billing and Reimbursement Procedures 1. HCAs will be reimbursed on a monthly basis for services provided and approved by Florida Housing as eligible under FCP. 2. Invoicing will be submitted electronically by each HCA through the web portal created by Florida Housing. 3. Invoices will be verified by Florida Housing for accuracy, eligibility and completeness before processing for payment. 4. Invoices submitted by the last business day of the month will be paid no later than the 15t' of the ensuing month. 5. Costs determined to be ineligible by Florida Housing will be deducted from the total invoice before paying the HCA. 6. Payments made on a previous invoice that are determined to be ineligible by Florida Housing or its' agent will be deducted from the next payment to be made after the determination of ineligibility. 7. Any invoice costs determined to be ineligible that are later determined to be eligible will be paid on the next scheduled payment. No additional payment will be made to correct the situation. 8. All payments to HCAs will be made electronically through a wire or ACH payment to an account established by the HCA. Each HCA must fill out and submit to Florida Housing an electronic deposit form prior to the first payment being made. Funds Available to HCAs. The funding for the FCP is allocated by county with an additional amount dh LU being maintained in a statewide "pool" to be used once the initial allocation for homeowners in a W county has been exhausted. Florida Housing reserves the right to change or re -allocate funding between counties or place funding from county allocations into the state pool at any time with a 30 day 0 notification to the HCAs. 0 1. When an applicant is determined to be eligible to receive counseling that will be paid for by FCP, v the HCA will enter the client's data into the system established by Florida Housing for administration of the FCP. This information will include the client's county of residence. E z 2. When that entry is saved into the system, the maximum allowable amount of counseling funds for an individual client will be automatically reserved and deducted from the county allocation. Q 3. Funds for each client will be reserved from the time of entry into the online portal system. 4. If an HCA determines at any time during the counseling process that a client is no longer eligible to receive counseling under FCP, any amount of funds reserved for that client that have not been expended will be de -obligated as described above. Florida Housing Finance Corporation Foreclosure Counseling Program Procedures June 2013 Page 12 Packet Pg. 186 Exhibit B 7.D.2.b Florida Housing Ongoing Program Activities 1. Training and Technical Assistance. a. Training and technical assistance is available to HCAs for the following purposes: i. Training HCAs on FCP program procedures ii. Providing technical assistance on an ongoing basis to address specific situations iii. Training HCAs on presenting financial management education classes 2. Review of counseling for quality assurance and technical assistance for HCAs a. Florida Housing's contractor will develop a website that will provide technical assistance and support to HCAs participating in the program. b. On -site review of counseling activities under this program will be provided. When needed, local counselors will receive technical assistance to ensure that homeowners are getting consistent, high quality service. c. Technical assistance in situations when Florida Housing sees a problem with an agency, such as poor reporting. 3. Compliance Monitoring and Quality Assurance reviews on participating HCAs a. Compliance monitoring of HCAs participating in the program will be performed by third parties under contract with Florida Housing, and will consist of desk audits of electronic and paper HCA files. If monitoring of an HCA turns up inaccuracies or other problems, Florida Housing may choose to work with the HCA or assign technical assistance providers to work with the HCA to fix the problem. Depending on the nature of the problem, Florida Housing may determine that an HCA is out of compliance and may withhold reimbursements until the HCA has resolved its problems. In rare cases, problems may lead to a contract with an HCA being terminated. b. Florida Housing staff will also carry out quality assurance reviews of HCAs participating in the program as needed. Quality assurance reviews of these HCAs helps ensure that high quality technical assistance and compliance monitoring are being provided to HCAs and Florida Housing. 4. Monitoring for possible fraud. a. Monitoring for possible fraud requires the identification of processes, controls and other procedures to mitigate risk, including an effective and secure information system and appropriate monitoring and quality assurance activities. Florida Housing will provide an anonymous tip line for homeowners and housing counselors to use if they suspect inappropriate activities are occurring. We also intend to include the following requirements in contractual agreements with HCAs that provide counseling services to homeowners: i. Require adherence to the National Industry Standards for Homeownership Education and Counseling Code of Ethics and Conduct by all counselors; ii. Require HCAs to submit background checks for all employees providing services through the program; and iii. Identify state and federal regulations with which housing counselors must comply and ensure that counselors comply with existing regulations and are made aware of any changes to those requirements. Florida Housing Finance Corporation Foreclosure Counseling Program Procedures June 2013 Page 13 Q Packet Pg. 187 7.D.2.b Exhibit B 2. Evaluating program success and provide regular progress reports. a. In the initial program development phase, Florida Housing will develop program performance measures that address program outcomes, including successful homeowner financial management training. Florida Housing expects to provide the following progress reports to the Governor, Legislature and Attorney General on this program: i. For the first year, monthly reports beginning the month after implementation summarizing critical outputs, including the number of homeowners served, the number of counseling events carried out and other performance metrics; and outcomes, such as the number of successful permanent loan modifications — with information to be augmented as necessary over time; ii. After the first year, quarterly reports with the type of information listed above; and iii. Annually, a report to Governor, President of the Senate, Speaker of the House of Representatives and the Office of the Attorney General, that details the status of all program activities and outcomes. 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C5 +W 0 F$589 { 012# U&)'(13161( . #FI°/M"#165( +5<# @ " #$"/S&() 161( A 5<' F$105( . #FI °/M" #165( +5<# B " #$"/S&( ) 161( w (Y/S G " #$"/S&() 8+9 +3#(OFDl U/S I " #$°/S&() 8+9 +3#(OM CP/FD. 1 C # @ HM +50/4 6#3() UOA35D# Y HM @ HM X ; 102(<5FD5<'F$105( N @ HM +5°/46q) U'A$5D#Y HM. 1W @ HM A 5<' F$105( Q?=# Florida Housing Finance Corporation Foreclosure Counseling Program Procedures June 2013 N W w r a Page 16 Packet Pg. 190 7.D.2.b m X W i o °O c C o u O J a1 O CO a 5; Ln L VI a1 i 4- t`�a u C p 1LA V L O v +- C v L V N p 0 Ln 5 L = gyp a1 t � O a> > +' U C co C O J V ~ O 2 Ln C.. J A t c 0 z t c 0 0) M Ln E L t C L V 0 to c U O C� L _O C 4 +- _O co O iJ L Q E 4 o O v Q 4, C O V v 2 W v w Packet Pg. 191 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Diana Wesloski, Housing Manager Housing Services Division 7.D.3 ITEM NO. RES-2013- 123 DATE: 07/16/2013 *CONSENT AGENDA\COMMUNITY SERVICES Resolution - Delegation of Authority to Act as Certifying Officer for Environmental Review Records. An Environmental Review Record (ERR) is a mandatory study of a site when a project is funded in part or in whole with Federal funds. The review identifies the potential environmental impacts of the project. The ERR must be completed prior to the commitment of funds by a legally binding, irrevocable contract. This requirement is mandated by 24 CFR Part 58 and by the National Environmental Policy Act of 1969. Meridian Community Services Group is contracted to provide this review. The ERR must be signed by the County Chief Certifying Officer or his or her designee. To expedite the processing of purchase contracts, housing rehabilitation, and other projects requiring ERR's, staff is requesting approval for the Director of Community Services to approve ERR's for projects being undertaken with Federal funds. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval of the Resolution and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 192 7.D.3 RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coordination/Signatures �-1 Ryder, Community Servic re 7/5/2013 � �7 ani S. McIntyre, ou y Attorney 7/8/2013 ob entkofs y, Assista it County Admir,f rato2013 Updated: 7/11/2013 12:41 PM by Shane A. De Witt Page 2 Packet Pg. 193 7.D.3.a RESOLUTION A RESOLUTION DELEGATING AUTHORITY TO THE COMMUNITY SERVICES DIRECTOR TO ACT AS CERTIFYING OFFICER FOR ST. LUCIE COUNTY UNDER SECTION 104(G) OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, IN CONJUNCTION WITH THE RECEIPT OF GRANT FUNDING FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE ACT; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners for St. Lucie County, Florida (the "Board") has made the following determinations: 1. St. Lucie County receives grant funding from the United States Department of Housing and Urban Development (HUD") pursuant to the Housing and Community Development Act of 1974, as amended, ("HCD Act") for various programs administered by the Community Services Department. 2. In conjunction with the administration of such HCD Act grants, the County is required to submit environmental reviews of the affected property to the granting agency. 3. Such environmental reviews are conducted on behalf of the County by environmental professionals who are selected through a competitive bidding process and then executed by the Chairman of the Board as the Certifying Officer for the County. 4. In order to expedite the processing of the environmental review certification process, HUD has notified the County that it may delegate the authority to act as the Certifying Officer for such environmental reviews to the Community Services Director. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board does hereby delegate the authority to act as Certifying Officer for environmental reviews prepared on behalf of the County in conjunction with grant funding under the HCD Act to the Community Services Director. 2. This resolution shall take effect on the date of its adoption. -1- Packet Pg. 194 7.D.3.a After motion and second, the vote on this resolution was as follows: Chair Tod Mowery XX Vice Chair Frannie Hutchinson XX Commissioner Chris Dzadovsky XX Commissioner Paula A. Lewis XX Commissioner Kim Johnson XX PASSED AND DULY ADOPTED this 16th day of July 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -2- Packet Pg. 195 7.G.1 ITEM NO. (ID # 1405) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: 07/16/2013 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. CZN000013000 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 CZN000013000 (Attachment A) in the amount of $38,600.48 and is requesting reimbursement from the County for May 2013 inmate HIV medication costs. Per County Contract, the medical services provider shall be reimbursed from the general fund when no other source of payment is available. PREVIOUS ACTION: July 2 , 2013 BOCC Approved payment for April 2013 HIV invoice of $58,834.01. May 21 , 2013 BOCC Approved payment for March 2013 HIV invoice of $36,904.93. Total spent on Inmate health care YTD is $1,090,595.49 FINANCIAL IMPACT: Sufficient funding is available from the inmate medical expenses account within the General Fund.(001-2300-531300-200) Available balance is $1,889,404.51 RECOMMENDATION: Staff recommends Board approval for payment of Corizon Health Services invoice number CZN000013000 for Inmate HIV medications for May 1, 2013 through May 31, 2013 in the amount of $38,600.48. COMMISSION ACTION: Packet Pg. 196 7.G.1 RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coordination/Signatures a 6af'4274 P.:&- Raymore, Direc r o Human Resources 6/26/2013 % aniqA WMcIntyre.y Attorney 6/26/2013 Marie o D b 7/3/2013 Fa -yew. Outlaw, County Administrator 7/12/2013 Updated: 7/12/2013 10:21 AM by Missy Stiadle Page 2 Packet Pg. 197 ITEM NO. (ID # 1426) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Marie Gouin, Director Budget Division DATE: 07/16/2013 *CONSENT AGENDA\OFFICE OF MANAGEMENT, BUDGET AND GRANTS Approval of proposed millage rates and dates for public hearings The "Worksheet Analysis of Roll -Back Millage Rate for fiscal year 2013-2014" reflects the fiscal year 2013-2014 proposed and roll -back millage rates. The recommended rates were established pursuant to the budget reviews held by the Board on July 9-10, 2013, and as required to meet special district, debt service, and related millage requirements. The proposed millage rate for the Mosquito Control District reflects an increase of 0.2029 mills, an increase from 0.2036 to 0.4065 PREVIOUS ACTION: Budget reviews were held by the Board on July 9-10, 2013. FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval to: Advise the Property Appraiser's Office of the millage rates as outlined on "Worksheet Analysis of Roll -Back Millage Rate for fiscal year 2013-2014" under the column headed "2013-2014 proposed millage." Set two public hearings on September 10th and 19th 2013, at 6:00 P.M. in the Roger Poitras Administration Annex Commission Chamber. Set the proposed aggregate millage as outlined on "Worksheet Analysis of Roll -Back Millage rate for fiscal year 2013-2014" under the column headed "2013-2014 proposed millage". COMMISSION ACTION: Packet Pg. 198 RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coordination/Signatures ianipi S. McIntyre, ou ty Attorney 7/3/2013 ob entkof y, As ista i ounty Admir/,i"trato /i /2013 Updated: 7/11/2013 10:09 AM by Shane A. De Witt B Page 2 Packet Pg. 199 WORKSHEET ANALYSIS OF ROLL -BACK MILLAGE RATE FOR FISCAL YEAR 2013-2014 A B C D E F G H FUND 2012-13 2012-13 2013-14 2013-14 2013-14 2013-14 Prior 2013-14 NAME Millage Taxes Rollback Rollback Proposed Proposed Year's Gross Rate Taxes Millage Taxes Value 1 Value' COUNTY GENERAL FUND 2.9221 41,763,582 2.7986 41,862,625 2.9221 43,709,252 14,292,317,878 14,958,164,396 FINE & FORFEITURE 3.9699 56,739,073 3.8022 56,873,635 3.9699 59,382,417 14,292,317,878 14,958,164,396 SUBTOTAL COUNTY 6.8920 98,502,655 6.6008 98,736,259 6.8920 103,091,669 DEPENDENT DISTRICTS EROSION CONTROL - ZONE E 0.0925 1,322,039 0.0887 1,326,581 0.0925 1,383,630 14,292,317,878 14,958,164,396 MOSQUITO DISTRICT 0.2036 2,854,594 0.1950 2,864,148 0.4065 5,970,099 14,020,599,159 14,686,590,476 SUBTOTAL DEPENDENT DIST. 0.2961 4,176,633 0.2837 4,190,729 0.4990 7,353,729 TOTAL COUNTY/DEPENDENT DIST. 7.1881 102,679,288 6.8845 102,926,988 7.3910 110,445,398 NIUNICIPAL SERVICE TAXING UNITS (MSTUs) UNINCORPORATED SERVICES' 0.4380 2,691,934 0.4037 2,696,117 0.4380 2,925,165 6,145,967,616 6,678,459,666 STORMWATER3 0.3497 2,149,245 0.3223 2,152,585 0.3497 2,335,457 6,145,967,616 6,678,459,666 LAW ENFORCEMENT; 0.5103 3,136,287 0.4703 3,141,161 0.5103 3,408,018 6,145,967,616 6,678,459,666 PARKS MSTU 4 0.2313 3,305,813 0.2208 3,317,121 0.2313 3,475,096 14,292,317,878 15,024,194,159 TRANSIT MSTU 0.1269 1,813,695 0.1217 1,819,926 0.1269 1,898,191 14,292,317,878 14,958,164,396 SUBTOTAL MSTU 1.6562 13,096,974 1.5388 13,126,909 1.6562 14,041,927 TOTAL AGGREGATE MILLAGE 8.1006 115,776,262 7.7917 116,549,530 8.3224 124,487,325 14,292,317,878 14,958,164,396 GGREGATE MILLAGE INCREASE (DECREASE) 0.2218 INCREASE (DECREASE) OVER ROLL -BACK 0.5307 ERCENT INCREASE(DECREASE) INAGGREGATE MILLAGE OVER ROLL -BACK 6.81 VOTED DEBT PORT PROPERTY BOND 5 0.0154 224,529 0.0154 233,898 14,579,825,701 15,188,168,306 SUBTOTAL VOTED DEBT 0.0154 224,529 0.0154 233,898 GRAND TOTAL OF TAXES 116,000,791 124,721,223 NOTES: 1. The property values are as certified by the Property Appraiser. 2. There is a small portion of the County that the Mosquito Control Millage does not apply to. 3. The Unincorporated Services MSTU, Stormwater MSTU and Law Enforcement MSTU do not apply to properties within the Cities. 4. The Parks MSTU runs through December 31, 2023. 5. The Port Property Bond matures in 2017. Packet Pg. 200 7.J.1 ITEM NO. RES-2013- J i 128 DATE: 07/16/2013 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES TO: Board of County Commissioners PRESENTED BY: Edward Matthews, Director SUBMITTED BY: Parks, Recreation, & Facilities SUBJECT: Request for County funding of FEMA project; Fairwinds Golf Course Bunker Replacement BACKGROUND: This agenda request is for Board approval of the attached Budget Resolution and Budget Amendment 13-005 for the reimbursable funding for Fairwinds' bunker replacement project. In August of 2012 Tropical Storm Isaac dumped torrential rain on the Treasure Coast causing all of Fairwinds' bunkers to wash out, exposing the public to a tremendous amount of buried landfill trash. The cost of restoration work from this storm is estimated at $122,812 and FEMA has authorized a project number for us to proceed with repair and mitigation. FEMA project PA-04.-FL-4084-PW-00268(0) has been approved for 75% ($92,109.25) effective cost share by FEMA, 12.5% ($15,351.55) by the State, and 12.5% ($15,351.53) from the County to restore golf course bunkers to pre -storm conditions. An initial estimate of $122,812.33 was obtained for bunker restoration. Of this total, $107,460 is reimbursed by the Federal and State Government. The County's portion of the repair costs would be $15,351. Currently $10,000 has been approved for FY13 Parks MSTU funds which are available in fund 129-7250-546200-75016 and an additional $5,352 to be moved from fund #129's reserve account 129-9910-599300-800 to complete the County's 12.5% match contribution. FEMA and the state would cover the balance of mitigation costs. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Initial project funding consists of reimbursements of $122,812, 75% ($92,109.25) will come from FEMA, 12.5% ($15,351.55) by the State, and 12.5 % by the County ($15,351.53) of project total. The County's portion of the repair costs would be $15,351. Currently $10,000 has been approved for FY13 Parks MSTU funds which are available in fund 129-7250- 546200-75016 and an additional $5,352 to be moved from fund #129's reserve account Packet Pg. 201 7.J.1 129-9910-599300-800 to complete the County's 12.5% match contribution. FEMA and the state would cover the balance of mitigation costs. RECOMMENDATION: Staff recommends Board approval of Budget resolution and Budget Amendment 13-005 for reimbursable funds from FEMA and the State for storm related expenses associated with the bunker replacement project at the Fairwinds Golf Course. COMMISSION ACTION: Coordination/Signatures Danie; S. McInt re ou Attorney 7 8 2013 ob� AssistaTit Count Admir,i. trato� 1 2013 Y � Y Y // Y� Y / / Updated: 7/17/2013 4:14 PM by Shane A. De Witt A Page 2 Packet Pg. 202 Federal Emergency Management Agency E-Grants rage t of DRAFT PA-04-FL-4EK4-PW4*2"0) Applicant Name., jApoication Tdle: ST. LUCIE (COUNTY) ISLGAR12 - Fair -Wind Golf Course Period of Perfofmance Start I Period of Perf+omianee End: 10-18-2012 04-18-2014 Bundle Reference # (Antendawt #) jDaWAmorded Subgrant Application - FEMA Form 90-91 Note: The Effective Cost Share for this appkation is 75% FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECT WORKSHEET DISASTER PROJECT NO_ PA 10 NO_ 111-99111-00 DATE 03-11-2013 CATEGORY G FEMA 4084 - 0R I-FLI APPLICANT: ST_ LUCiE (COUNTY) WORK COMPLETE AS OF: 03-112M3: 30 % Site 1 of 1 DAMAGED FACILITY: COUNTY: St Lucie Fair VAnds Goff Course LOCATION: LATITUDE: LONGITUDE: 27.504789 -80.357909 Cufferd Version: FAIR WINDS GOLF COURSE GPS 27a04789,-80.357909 DAMAGE DESCRIPTION AND DIMENSIONS: current Version: During the declared incident period of OSMI12 - 08rM12, Hurricane Isaac generated high wills, wind driven rain and severe widespread flooding throughout Saint Lucie County_ The heavy rains caused flooding on the Fairwinds Goff Course which caused damage to approximately 71 sand bunkers. The excess of wafter for a long tine period (2 weeks) saturated the ground and washed away approximately 4 inches depth of sand from the tap area along the sand bunkers, exposing the base material on an bottom of the bunkers Approximately 80,000 square feet of sand was wasted away from the bunkers perimeter. Also the irrigation central control system was struck by lightning damaWV the MIM 2-Wire output Board. Due to high winds and floodwaters approximatrely 10 CY of itcidenfaf scatter vegetative drys created a heaft and safely as for the general pubic at the guff course_ The GPS coordinates of 27.504789. - 80.357909 were taken at Falrwirds Golf Course, 4400 Fa kwinds Drive, Ft Pierce, FL 34946 SCOPE OF WORK: Current Version. Work c ompleled: To return Fair winds Goff Course to pie -deader design and hnction, applicant used 51 hours FIA labor reimbursable straight time, 65 hours of FIA equipmeant and contracted work from Rain Bind Services corporation to accomplish the Mowing work Removed and disposal approximately 10 CY of inade ntat scatter vegetative debris f m the golf rouse, replaced one electronic component in the Irrigation control panel WMI- MIM-2 Wm a output boardand perliormed temporary mpairs bndscape, and dean up sound the burner in order to keep the golf course open for the pubic. 'Debris was put into an onsite drmpster that is deposed of the ST_ Lucie County Lardll, GPS Location 27.383813 40.391027 (FDEPI VItACS ID #00070652), Work to be completed To return Fairwids Golf Course to pre - disaster design and tuition, applicant wil contract from Debited Sport Turf Construction, iwc To acc ornphsh the fdjowing work: 'Repair 71 bunkers at approximately 80 OW balm square feet 'Cut the edges of the bunkers to a depth of 4 inch and dWibule the access of sand inside the bunkers -Rake and smooth bafbon of 4 bunkers_'Furrµsh arid it 6 high grade golf soh acRgular txsrkersand twin a un#-m depth of tau inches throughout each bu dw 'Compact and grade to a smooth urA m surface. Scope of work notes.: 1—The applicant is required to adhere to State. County, arndlor Local Goremrmert Procurement rotes and regulations and maintain adec e rewrds to support the basis for all purchasing of goods and materials, and for contracting services foe' projects approved under the Public Assestance progtram, as stated in 44 CFR 13.36. 2-Cost estimate was based on the appicasefs lowest of two bids provided by the Apph azrt_' 3-The appicaaf's proposed terN90M for this site. See attached lam_ 4- RECORD RETENTION: Complete records and carat httPGJltsoume.fema.nWemmieru t rlWh tegraflon?aMiicationld=321308 3/1 l /2013 Packet Pg. 203 Federal ]Emergency Mamagement Agency 1r("rrants Page 2 of 2 documents for all .approved work must be maintavied for at least 3 years from the date the last pmpd was completed or from the date final payment was received, whichever a lam_ 5 - PERMITS. The applicant must obtain all required federal, state, and local 'permits prior to the commencement of work 6- The subgrartee is not requested Dared Adminishafive Costs (DAC) that is directly chargeable to Ms specific project Associated eligible work is related boa of the PA project only and in accordance with 44 CFR 13.22. These rusts are treated consisten0y and urAfiormly as d-red ousts in all federal awards and other subgranlee activities and are not included in any approved indirect cost rates. Note: 40 Hours of F/A regular rime labor had been deducted from tabor sheet, tlbis time was used to remove incidental debris, and is not eligible under MMA poky_ Does the Scope of Work change the pre - disaster Condit arts at the sie? Yes Special Considera>ions induded? Yes No No Hazard Mitigation proposal included? Yes Is Uuere insurance coverage on this licW Yes No No PROJECT COST ITEM CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST 1 0000 Work Cotrtpleted OILS $ 0.00 $ 0.00 2 9007 Labor 1/LS $1,603.85 $1,603.85 3 9008 Equipment 1/LS $ 709.00 $ 709.00 4 9001 Contract 1/LS $ 945.00 $ 945.00 5 0000 Wm rk tD be OILS $ 0.00 $ 0.00 pleW 6 9001 Contrad 1/1-S - $ 86,254.00 $ 86,254.00 7 0909 Hazard 'Mitigation Prod 11LS $ 31,950.00 $ 31,950.00 TOTAL $121,461.85 COST PREPARED BY AREVALO RNAS TITLE Project Specialist SIGNATURE APPUCANr REP. Faye Outlaw TITLE County Adrninistralm SIGNATURE https://isource.fema.nettemmier iternallntegration?amlicationld=321308 DRAFT 3/11/2013 00 N r M r 0 N W to C U- r O O rn O U- r C d E t v r Packet Pg. 204 7.J.1.b STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT Governor Ms Mary Padrick St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear Ms Padrick: April 8, 2013 FEMA-4084-DR-FL FIPS No. 111-99111-00 Package19 BRYAN W.KOON Director Attached is a copy of the Federal Emergency Management Agency (FEMA) Project Application Summary (P.2) package referenced above. This Project Application Summary denotes Public Assistance Funding provided under the Robert T. Stafford Act for disaster damages caused by Hurricane Isaac. Should you disagree with FEMA's determination you have the right to appeal in accordance with 44 CFR, §206.206. You must file an appeal within 60 days of receipt of this correspondence to the State of Florida Division of Emergency Management (Grantee). Submit online at www.floridapa.org by going to the Summary Screen for the specific project you wish to appeal, choose "Progress Monitoring" on the left side of the page, then select "Project Appeals", then select "Create New Request" in the upper left corner. Written correspondence may be scanned and uploaded to the appeal request online or mailed to: Bryan W. Koon, Director, Division of Emergency Management Attention: David Merrill, State Public Assistance Officer, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 The appeal must contain documentation supporting the Applicant's position and the applicable provisions in Federal Law, regulation, and/or policy. Reimbursements for large projects (in excess of $67,500.00) must be requested by the applicant (Subgrantee). This may be accomplished via the State's Public Assistance website, www.floridapa.org, by submitting a Request for Reimbursement (RFR) along with a Summary of Documentation (SOD) and all supporting documents which must total, at least, the amount being requested. The work performed must be included in the project worksheet's (Subgrant) Scope of Work. FLORIDA RECOVERY OFFICE - DIVISION HEADQUARTERS - STATE LOGISTICS RESPONSE CENTER 2702 Directors Row 2555 Shumard Oak Boulevard 2702 Directors Row Orlando. FL 32809-5631 Tallahassee, FL 32399-2100 Orlando. FL 32809-5631 TeL 850-413-9969 - Fax:850-488-1016 www.FloridaDisaster.oro Packet Pg. 205 7.J.1.b Ms Padrick April 8, 2013 Page Two One (1) Request for Advance (RFA) is allowed per disaster. It may cover multiple worksheets. Submit the Request for Advance (RFA) and a schedule of Projected Expenditures (SOPE) on www.floridapa.org. Advanced funds are expected to be used within 90 days of receipt. The applicant must maintain original and accurate records of disaster costs for a period of five years from the date of disaster closeout by FEMA. Copies of Project Worksheets may be viewed/printed online at www.floridapa.org. Throughout the Grant Management process, our website can be utilized to research up-to-date status and submit further requests. For further details on the payment process, please visit www.floridapa.org and click the tab titled Applicant Guidelines and Guides for instructions on how to submit a Request for Reimbursement, or see PAYMENT OF COST in the Disaster Relief Funding Agreement. We are no longer sending copies of Project Worksheets with this letter so please view/find a copy online at www.floridapa.org. If you have any questions or should require further information, please feel free to contact your State Support Team at the phone number or email address listed under "Contacts" on the left side of your www.floridapa.org, Account Summary Screen. Sincerely, fOA- Bryan W. Koon, Director Governors Authorized Representative BW K/ER/td Enclosure Packet Pg. 206 7.J.1.b Capture case: 04l01I2013 16:01 0. Federal Emergency Management Agency Project Application Grant Report 1P.2) DisasterFEMA-4084-DR-FL Number of Records: 1 Appllunt ID: 111-99111-00 Bundle R; FA-04-FL-4084-State-0020(19) Applicant: ST- LUCIE (COUNTY) PW R Cat Cost Share Projected Completion Date Approved PW Amount IS) PA 04-FL 4004 PW,0026810) G N 04-fa-2Di4 121 812.33 Facility Number. 1 Facility Norm: Fair Winds Golf Course location: FAIR WINDS GOLF COURSE GPS 27.504789,-80.357909 Work completed: To return Fairwinds Golf Course to operatiomt status, applicant used 91 hours F/A labor reimbursable straight Lime, 65 hours of FrA equipment and contracted work from Rain Bird Services corporation to accomplish the followidg work: Replaced one eiectronlc component in the irrigation control panel 630461- AJM-2 Wire output board- and performed temporary repairs landscape, and clean up around the bunker in order to keep the golf course open for the publfc. Work to be completed: Tts return Falrwinds Golf Course to pre -disaster design and function. applicant will contract from Detailed Sport Turf Construction. Inc To accomplish the following work: 'Repair 71 bunkers at approximately 80,000 total square feet. -Cut the edges of the bunkers to a depth of 4 inch and distribute the excess of sand imide the bunkers 'Rake and smooth bottom of erristing bunkers. 'Furnish and install high grade gotf course sub angular bunker sand to a uniform depth of four inches throughout each bunker. 'Compact and grade to a smooth uniform surface - Scope of work notes: 1-71he applicant Is required to adhere to State, County, and/or Local Goyernment Procurement rules and regulations and mafntailr, adequate records to supporf the basis for aU purchasing of goods and materials, and for contracting services for projects approved under the Publk Assistance program, as stated in 44 CFR 13.36, 2-Cost estimate was haled on the applicant's lowest of two bids provided by the Applicant" 3-The applicant's proposed mitigation for this site. See attached NA.P. 4- RECORD RETEN710NT Complete records and cost documents for all appmved work must be maintained for at least 3 years from the date the last project was completed or from the dare final payment was received, whichever Is later. 5 - PERMM: The applicant must obtain all required federal, state, and local permits prior to the commencement of work. 5- The subgrantee is not requested Direct Administrative Costs IDACI that is directly chargeable to this specific project. Associated eligible work Is mAtsd Scope of Work: administration of the PA project only and in accordance with 44 CFR 13.22. These costs are treated consistently and uniformly as direct costs 1n aft fed—L awards and other subgrantee activities and are not included in any approved indirect cost rates. 1 PW I'm IS) Subgrantee Admin Eap. (5) Total (Si Amount Eligible (S$ 122,812.33 D.OD 92,812.33 Federal Share (5) 92.109.25 O.00 92, 1 D9.25 Packet Pg. 207 7.J.1.c BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks, Recreation & Facilities - Fairwinds Golf Course PREPARED DATE: 7/3/2013 AGENDA DATE: 7/16/2013 ACCOUNT NUMBER TO: 129-7250-563000-19016 FROM: 129-72 50-546200-75016 129-9910-599300-800 ACCOUNT NAME Infrastructure Maintenance Improvement Projects Reserves AMOUNT $15,352 10,000 $5.352 REASON FOR BUDGET AMENDMENT: Transfer $10,000 from program #75016 (Golf Course Bunker Sand Phase 1) and $5,352 from Fund #129's Reserve to program #19016 (Tropical Storm Isaac) for the County's 12.5% math contribution to the FEMA and DEM grants for the repair of 71 71 bunkers and the irrigation control system at the Golf Course. THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: $5,35 715,41 BA13-005 Packet Pg. 208 7.J.1.d 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 in the form of grants from the Federal Emergency Management Agency (FEMA) in the amount of $92,109.25, and the State of Florida Division of Emergency Management (DEM) in the amount of $15,351.55. The funding is for the St. Lucie County Fairwinds Golf Course to repair 71 bunkers and the irrigation control system that was damaged from Tropical Storm / Hurricane Isaac. 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 16th day of July, 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 129-7250-3312 32-19016 129-7250-334202-19016 APPROPRIATIONS 129-7250-563000-19016 Emergency Management Dept of Community Affairs -Pub Sfty Infrastructure After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman Commissioner Frannie Hutchinson, Vice Chair Commissioner Chris Dzadovsky Commissioner Paula Lewis Commissioner Kim Johnson PASSED AND DULY ADOPTED THIS 16TH DAY OF JULY 2013. ATTEST: XXX XXX XXX XXX XXX $92,109 $15,352 $107,461 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 209 7.J.2 ITEM NO. (ID # 1424) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Edward Matthews, Director Parks, Recreation, & Facilities DATE: 07/16/2013 *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES Request to advertise proposal for Fairwinds Golf Course Bunker Replacement (FEMA Project) In August of 2012 Tropical Storm Isaac dumped torrential rain on the Treasure Coast causing all of Fairwinds' bunkers to wash out, exposing the public to a tremendous amount of buried landfill trash. The cost of restoration work from this storm is estimated at $122,812 and FEMA has authorized a project number for us to proceed with repair and mitigation. Actual project cost will be determined through the County's Request for Proposals (RFP) for this FEMA project. FEMA project PA-04.-FL-4084-PW-00268(0) has been approved for 75% ($92,109) effective cost share by FEMA, 12.5% ($15,351) by the State, and 12.5% ($15,351) from the County to restore golf course bunkers to pre -storm conditions. An initial estimate of $122,812 was obtained for bunker restoration. Of this total, $107,460 is reimbursed by the Federal and State Government. The County's portion of the repair costs would be $15,351. Currently we have $10,000 approved for FY14 MSTU funds to cover this expense. FEMA and the State would cover the balance of mitigation costs. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Initial project funding consists of reimbursements of $122,812, 75% ($92,109.25) will come from FEMA and 12.5% ($15,351.55) from the State. The County will be responsible for $15,351.55 of the total project total. Currently $10,000 has been approved for FY14 MSTU available in fund 129-7250-546200-75016 to cover this expense. The actual cost of the project will be determined through the County RFP process but will not exceed the approved amount. RECOMMENDATION: Staff recommends that the Board grant staff permission to advertise the Request for Proposals (RFP) for the Fairwinds' Bunker Replacement Project. Packet Pg. 210 7.J.2 COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES- Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coordination/Signatures Marie do D 7/10/2013 t�a—niV S. McIntyre, oup y Attorney 7/3/2013 ob aentkofsky, AssistaTit County Admir,Ictrato2013 Updated: 7/3/2013 4:36 PM by Jennifer Garrity Page 2 Packet Pg. 211 7.J.3 ITEM NO. (ID # 1422) J DATE: 07/16/2013 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 6th Annual Back to School Expo BACKGROUND: The Back to School Expo is an annual local event that provides one stop access to valuable information and services for families whose children are preparing to attend school or return to school. The event will take place on Saturday, August 10, 2013 and will provide families with health screenings, information on safety, community resources and school readiness. The event is free and open to the public. The Back to School Expo is spear headed by the Pink Rose Foundation that is part of a coalition of community organizations who are involved in organizing the event. The other organizations involved are Friends of St. Lucie County Public Health, the Early Learning Coalition, St. Lucie County School District, Healthy Kids of St. Lucie County, the Florida Department of Health in St. Lucie County and Florida Community Health Centers. It is requested that the BOCC waive the rental fee for the Fenn Center in the amount of $3,345. This fee can be waived by the BOCC pursuant to section 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 $15,420. PREVIOUS ACTION: The BOCC waived $2,700 in Fenn Center rental fees for the 5th Annual Back to School Expo on August 11, 2012. FINANCIAL IMPACT: n/a RECOMMENDATION: Packet Pg. 212 7.J.3 Board approval to waive $3,345.00 in facility rental fees at the Fenn Center for the 6th Annual Back to School Expo. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coord i nation / Sig natures Edward Mat hews, Difector 7/2/2013 ianig(S. McIntyre, ouy y Attorney 7/3/2013 6ob entkofs'(cy,�AliCstaflt County Admi.m,tra t/! 5/2013 Updated: 7/5/2013 1:33 PM by Faye W. Outlaw Page 2 Packet Pg. 213 7.J.3.a June 21, 2013 Edward Matthews St Lucie County Parks and Recreation Director 2300 Virginia Ave Fort Pierce, FL 34982 Dear Mr. Matthews, A coalition of community organizations --Friends of St Lucie County Public Health, the Early Learning Coalition, St Lucie County School District, Healthy Kids of St Lucie County, Florida Department of Health in St Lucie County, Florida Community Health Centers, and Pink Rose Foundation-- is in the process of organizing the & Annual Back to School Expo scheduled for August 10th, 2013. The Back to School Expo is an annual event that provides "one stop" access to valuable information and services for the whole family, including health screenings, information on safety, community resources, and school readiness. The event is free to the public. While our community organizations and businesses exhibit their services together, we hope to deliver needed services to families, and provide free backpacks and school supplies to students, helping them to prepare for a successful new school year. The proposed venue of the event is the Havert L. Fenn Center. We are respectfully requesting a waiver of the fees associated with the use of the facility for the event From the Board of County Commissioners. A breakdown of fees quoted by the Fenn Center is hereto attached for your review. Should the commission grant this waiver, we agree to; • Abide by all terms of use from Parks and Recreation Department; Provide acceptable certificate of event insurance; • Pay for the use of necessary equipment and personnel expenses for Parks and Recreation employees, • Engage the assistance of Law enforcement personnel and other volunteers for crowd control and security; This year again we hope to garner enough financial support from community sponsorships to provide school supplies to needy families in St Lucie County. No one will derive any profit or interest from the event Please help us bring this needed event to your constituents by approving our request. Thank you. Respectfully, L79 Packet Pg. 214 7.J.3.b INTERNAL REVENUE SERVICE P. O. SOX 2508 ' CINCINNATI, OH 45201 Date: SEP PINK ROSE FOUNDATION INC C/O BETTY ROBINSON PO BOX 2075 FORT PIERCE, FL 34954-2075 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 87-0798463 DLN.: 208108011 Contact Person: LIMA DANIELS ID# 75096 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: .December 31 Public Charity Status: 509 (a) (2) Form 990 Required: Yes - Effective Date of Exemption: August 28, 2008 Contribution Deductibility: Yes Addendum Applies: NO We are pleased to inform you that upon review of your application for talc exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also .qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 PINK ROSE FOUNDATION INC Robert Choi Director, Exempt Organizations Rulings and Agreements Enclosures: Publication 4221-PC Cl O O O LL O rL x LU 6 O t v O Y V R m N N M U 0 LO O O Y C (L c aD t r r Q Packet Pg. 215 7.J.3.c EXHIBIT B VENUE: Havert Fenn Center RESERVATION AND CONTRACT FEES Date: June 19, 2013 Event Date: August 10, 2013 Event Day: Saturday Event: Back to School Expo Event Times: 7am -1lam No. of Attendees: 3,000 Set Up/Load In: Friday 12-5pm & Saturday 6-7am Contact Name: Betty Robinson Break Down/Load Out: 11am -12pm Total Event Hours: 11 hours (including load inlout) Organization: Pink Rose Foundation Address: Office Phone: Fax: Cell: E-mail Address: 'betty_robinson2@bellsouth.net' Facility Use Fee Rate Fee Friday - Gymnasium Rental $160.00 per hour X 5 hours $800.00 Saturday - Entire Fenn Center $610.00 per hour X 6 hours $3,660.00 Sub -total $4,460.00 Deduct 25% Nonprofit Discount-$1,115.00 Revised Sub -total $3,345.00 Sales Tax 6.5% TIE FACILITY USE FEE TOTAL $3,345.00 Equipment Use Fees Gymnasium Screens 2 an, __ $75.00 per screen $150.00 Sales Tax 6.5% TIE EQUIPMENT FEES TOTALI $150.00 Staff/Personnel Saturday Event Supervisor 6 hours X $25.00 per hour $150.00 Saturday Custodian 6 hours X $18.00 per hour X 5 people $640.00 STAFF FEES TOTALI $690.00 TOTAL CONTRACT CHARGESI $4,185.00 Does not include charges for County -required security or emergency medical personnel which are paid to others. All required documents must be submitted no less than 30 days prior to event date. Additional charges may be incurred as a result of changes to the event. Additional charges will be incurred for events which exceed planned attendance and/or extend beyond hours reserved. See contract for details. Packet Pg. 216 7.J.3.d 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. 217 7.J.3.d Commissioner Paula Lewis AYE Commissioner Chris Craft 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 AN BY: County Attorney RRECTNESS: Packet Pg. 218 7.J.3.d 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. 219 7.J.3.d 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 designees) 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. A written 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. 220 7.J.3.d 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) or other section 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. 221 7.J.3.d 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. 222 7.J.3.d 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\R ES0LUTI0N5\2012\12-047.wpd Packet Pg. 223 7.K.1 ITEM NO. (ID # 1392) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Britton Wilson, Senior Planner Planning Division DATE: 07/16/2013 *CONSENT AGENDA\PLANNING AND DEVELOPMENT SERVICES FDOT - 2010 Federal Functional Classification Map In August 2012, the Florida Department of Transportation, District Four (FDOT D4) initiated the review of the urban boundaries and Functional Classifications of roads after the 2010 Decennial Census as required by the Federal Highway Administration (FHWA). The St. Lucie Transportation Planning Organization (TPO) is coordinating this effort with FDOT D4 and the local jurisdictions within the TPO area. The designation of Federal Functional Classifications is conducted every 10 years following the Decennial Census, and the resultant map is required to be approved by the Board of County Commissioners. Once approved through the consent agenda item process, the map is sent to the FDOT Central Office and the Federal Highway Administration (FHWA) for review. The map will then return to the Board for signature from the Chairman. The Federal Functional Classification process attempts to group roadways into classes, or systems, according to the character of service that they provide in the year of the analysis. In addition, it takes into account the improvements and additions identified in the State Transportation Improvement Program (STIP). The Federal Functional Classification system establishes expectations about roadway design, speed, and capacity and the roadway's relationship to existing and future land uses. It also determines funding eligibility under Federal -Aid highway programs. Please see the attached DRAFT Federal Functional Classification map and TPO agenda item for further details and analysis. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval of the 2010 Federal Roadway Functional Classification Map. Packet Pg. 224 7.K.1 COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES- Mowery, Hutchinson, Dzadovsky, Lewis, Coordination/Signatures z Za X1.4ez M rk Sdttlgirlre, P a ning & v irecto 6/21/2013 t�a-niV S. McIntyre, ouy y Attorney 6/24/2013 aye W. Outlaw, County Administrator 7/3/2013 Updated: 7/3/2013 9:28 AM by Brian Hurwitz Page 2 Packet Pg. 225 4 0 a as H a m w wma _ 2�A_v = a�LLaA<�� qo� alll�l�llsl„� Packet Pg. 226 1 7.K.1.b - Transportation St. Lucie Planning Organization AGENDA ITEM SUMMARY Board/Committee: St. Lucie TPO Board Meeting Date: June 5, 2013 Item Number: 9c Item Title: 2010 Federal Roadway Functional Classification Map Item Origination: Federal Highway Administration (FHWA) and Florida Department of Transportation District 4 UPWP Reference: Task 3.2 - Data Collection and Monitoring Task 5.2 - Intergovernmental Planning and Coordination Requested Action: Approve the 2010 Federal Roadway Functional Classification Map, approve with conditions, or do not approve Staff Recommendation: Based on the results of the review process, it is recommended that the 2010 Federal Roadway Functional Classification Map be approved. Attachments • Staff Report 2000 Federal Roadway Functional Classification Map • FHWA Highway Functional Classification: Concepts, Criteria and Procedures Guidelines 2010 Federal Roadway Functional Classification Map • Summary of 2010 Federal Roadway Functional Classification Changes Transportation Planning for Fort Pierce, Port St. Lucie, St. Lucie Village and St. Lucie County Packet Pg. 227 7.K.1.b - Transportation St. Lucie Planning Organization MEMORANDUM TO: St. Lucie TPO Board THROUGH: Peter Buchwald Executive Director FROM: Neelam Fatima Transportation Systems Manager DATE: May 31, 2013 SUBJECT: 2010 Federal Roadway Functional Classification Map BACKGROUND In August 2012, the Florida Department of Transportation, District Four (FDOT D4) initiated the review of the urban boundaries and Functional Classifications of roads after the 2010 Decennial Census as required by the Federal Highway Administration (FHWA). The St. Lucie Transportation Planning Organization (TPO) is coordinating this effort with FDOT D4 and the local jurisdictions within the TPO area. The designation of Federal Functional Classifications is conducted at least once every 10 years following the Decennial Census, and the resultant map is required to be approved by the TPO. The process conducted after the 2000 Decennial Census resulted in the attached 2000 Federal Roadway Functional Classification Map. The Federal Functional Classification process attempts to group roadways into classes, or systems, according to the character of service that they provide in the year of the analysis. In addition, it takes into account the improvements and additions identified in the State Transportation Improvement Program (STIP). The Federal Functional Classification system establishes expectations about roadway design, speed, and capacity and the roadway's relationship to existing and future land uses. It also determines funding eligibility under Federal -Aid highway programs. Transportation Planning for Fort Pierce, Port St. Lucie, St. Lucie Village and St. Lucie County Packet Pg. 228 7.K.1.b May 31, 2013 Page 2 of 2 ANALYSIS The functional classification defines the role that a particular roadway segment plays in serving traffic through the network. Roadways are assigned to one of several possible functional classifications within a hierarchy based on the attached FHWA Highway Functional Classification: Concepts, Criteria and Procedures Guidelines. FDOT D4 reevaluated the 2000 Functional Classification Map based on the FHWA guidelines and prepared a draft 2010 map. The TPO staff reviewed the draft 2010 map and provided comments based on the criteria provided in the FHWA guidelines. The draft map was presented to local staffs and to the Technical Advisory Committee (TAC) at its meeting on May 14th. As a result of the comments received during the TAC meeting, a subcommittee of the TAC members was formed which met on May 23rd to address remaining comments. The attached 2010 map reflects the results of the TAC and subcommittee meetings. The attached 2010 map identifies the 2010 Federal Functional Classifications of the roadways. The roadways shown on the map are classified as principal arterials, minor arterials, major collectors, minor collectors, or local roads. The principal arterials are further divided into interstate, other freeways and expressways, and other principal arterials. Reclassifications of the roadways from the 2000 map are based on updated roadway characteristics and changes in traffic volumes, functions, and surrounding land uses of the roadways. A summary of the 2010 Federal Roadway Functional Classification changes is attached for reference. 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CU N C-) Cl) a)U O -0 a))L U a) CY) U ca $ C: o Cu L 'E E Q Q a) L O U) CU in M�Cl) M U) C L Cu W L G -C I� a) N fB a) C N ++ + 2� L CU C O C }, a) m }, C a) C O L 4 t Q L L CO a) .O m U � Cu o)o Qp -a- L O M 00 O i` o- C ELca mo ' CL C m Ca a) > o o M (n () a)ol E L- co _6 -0 >, 2 -a E a) N CO f6 U O J L O U L U) U _ L T- O U p C N cv O O Q C O .L a) U L .`r- U) O cu �_ C O U) U >' LL O An SR m L m L LW +� +� x Q Q - w Q =06 Q = Q m CD (1)+ U (L) U L� LL L LL N L (1) L �L � a) — LL � — -r- O O O W Q N Q () CO (a U O J 00 L U U O a) N U UU(D N T- O L L O o N � � U) 0 Q C o � UL +a), �F � L Q = U) L (c O U C: C O U 'L LL () L (Q L U) L Q CU L Q L U a US CU U L) Q L C CL J _ C L LL () O Q) " Q :3 H w M a) C Cu L Q Packet Pg. 242 1 7.K.1.d BOARD OF COUNTY COMMISSIONERS July 16, 2013 ST. COUNTY LuciE F L O R Id_WA Mr. Gustavo Schmidt, P.E. District Planning and Environmental Engineer Florida Department of Transportation, District Four 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 PLANNING & DEVELOPMENT SERVICES DEPARTMENT Planning Division SUBJECT: Concurrence of the 2010 Federal Roadway Functional Classification Map Dear Mr. Schmidt: The St. Lucie County Board of County Commissioners has reviewed and concurred with the draft 2010 Federal Highway Administration (FHWA) Roadway Functional Classification Map for St Lucie County. Your office may forward the proposed boundary to the FDOT Central Office and FHWA for their review and approval. We understand that additional coordination with other local government entities on Federal Functional Classification designation for all public roads in St. Lucie County will be carried out by your office. After FHWA has approved the proposed boundary and functional classification designations, your office will also prepare a final classification map for signature by the St. Lucie County Board of County Commissioners Chairman. Thank you for your attention and assistance in this matter. Sincerely, Tod Mowery, AICP Board Chairman cc: Fay W. Outlaw, St. Lucie County Administrator, MPA, ICMA-CM Mark Satterlee, AICP, Planning and Development Services Director Peter Buchwald, AICP, Transportation Planning Organization Director Jeannelia Liu, P.E., Associate Senior Project Manager, Burns & McDonnell, Inc. Newton Wilson, Highway Data Coordinator, FDOT-D4 CHRIS DZADOVSKY, District No. 1 • TOD MOWERY, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • KIM JOHNSON, District No. 5 County Administrator— Faye W. Outlaw, MPA, ICMA-CM Website: www.stlucieco.gov 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 Phone (772) 462-2822 FAX (772) 462-1581 Packet Pg. 243 ITEM NO. (ID # 1415) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Britton Wilson, Senior Planner SUBMITTED BY: Planning Division DATE: 07/16/2013 *CONSENT AGENDA\PLANNING AND DEVELOPMENT SERVICES SUBJECT: Permission to Advertise - Text Amendment to the Land Development Code Amending Chapter 9 Pertaining to Authorized and Prohibited Signs BACKGROUND: This is a request to advertise for upcoming public hearings for an ordinance proposing to amend the text of the Land Development Code, Chapter Nine, which pertains to authorized and prohibited signs. Staff recommends the proposed amendments based on the following: 1) a request from the Chamber of Commerce for the county to have a uniform political sign code with surrounding jurisdictions. See attached letter from the Chamber of Commerce; 2) there have been multiple requests from business owners to allow sidewalk 'sandwich menu' signs; and, 3) staff would like to eliminate restrictions on the ability of a business to have promotional events through the Special Event Permit process. The proposed text amendment focuses on updating the following sections: 1. Temporary Sidewalk Signs - remove prohibition of 'menu' signs and create language to allow such signs with standards to include size limits, duration of usage and does not create public safety hazard on sidewalk. 2. Political Signs - proposed amendments to be consistent with surrounding jurisdictions to include limitations on size and location. 3. Special Event Signs - remove restriction of four events per year per parcel. The 'per parcel' restriction creates a hardship for businesses in strip centers. Therefore, the proposed language removes the per parcel restriction and would allow businesses flexibility of special event signage. Overall, the amendments will establish requirements for the size, character, appearance, location, installation and maintenance of signs in order to promote public safety, preserve and protect the visual beauty of the landscape and promote the general health, welfare and safety of the citizens of St. Lucie County. PREVIOUS ACTION: Packet Pg. 244 N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Board authorization to advertise Development Code text amendment. COMMISSION ACTION: RESULT: MOVER: SECONDER: AYES: upcoming public hearings for the proposed Land ADOPTED [UNANIMOUS] Chris Dzadovsky, District No. 1 Paula A. Lewis, District No. 3 Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coordination/Signatures L e 49rSor, PI nning Manager 7/3/2013 ianiWs.y Attorney 7/8/2013 bob entkofsryAssistaTit County AdmirKra�t&/ 013 Updated: 7/11/2013 9:48 AM by Shane A. De Witt Page 2 Packet Pg. 245 7.K.2.a Shane De Witt From: Mark Satterlee Sent: Wednesday, February 27, 2013 8:06 AM To: Monica Graziani; Danielle Williams Cc: Katherine Barbieri Subject: FW: Political Sign Ordinance review Attachments: Political Sign letter.pdf Monica — here is the information that generated the request for updating our political sign ordinance. Mark Satterlee, AlCP, Director Planning & Development Services St Lucie County, Florida 772.462.2822 satterleem@stlucieco.org From: Beverly Austin Sent: Wednesday, February 27, 2013 7:50 AM To: Mark Satterlee Subject: FW: Political Sign Ordinance review Here's an email from Ms. Morgan on political signs From: Stephanie E. Morgan[mailto:stephanie('OaIlaboutyoutc.com] Sent: Wednesday, February 08, 2012 3:32 PM To: Mark Satterlee; Robin Meyer; Dennis Bunt; Heather Young; parraiz(a)city-ftpierce.com; mmastro(@cityofpsl.com; idramis@cityofpsl.com; jarnold@cityofpsl.com; jreisinger cityofpsl.com; rogero@cityofpsl.com Cc: 'Linda Cox'; 'David Bernstein' Subject: Political Sign Ordinance review We met a year ago to discuss the possibility of the County, City of PSL and City of Fort Pierce to be uniform in the Political Sign portion of the Sign Ordinance. At that time it was the consensus of the group to be uniform. After the meeting, the committee reviewed the notes and would like you to review and respond with any comments. This is what we basically agreed to at that time and would like to recommend to you. POLITICAL SIGN RECOMMENDATIONS Signs shall be located only on properties in commercial, industrial and residential districts on the following conditions: May be no larger than six (6) square feet, excluding the freestanding supports. Said signs shall be free standing on their own supports and not attached to utility poles, lampposts or other city and/or county property or public right of ways. Said signs shall not have an aggregate height of the sign, including the support, exceeding five (5) feet, to be measured from the ground to the top of the actual sign. Said signs shall be placed on private property at least ten (10) feet from the road. Packet Pg. 246 7.K.2.a No signs on vacant lots unless written approval has been received. (We would like to ask how this is enforced/verified, do you have suggestions.) Signs shall not be illuminated. There shall be no more than one (1) sign per political candidate or political issue per lot. Signs may be placed no sooner than forty five (45) days prior to the election in which the candidate or issue will be first on the ballot. Each sign shall be removed within fourteen (14) days after the election in which the candidate or issue was last on the ballot. (If bond was required, it will be refunded in full fifteen days (15) after the election if all signs have been removed.) Please feel free to call if you have any questions. Once comments have been received, we will make a recommendation to the Board Members of the Chamber of Commerce and present to representatives of all municipalities. Thank you so much for your assistance in this matter. Stephanie E. Morgan f�,ervJrgy for' /✓'IJ.. 14rr Fvi':"vy .rf 5475 NW St. James Drive, #200 Port St. Lucie, FL 34983 772.528.9199 772.873.6142/Fax www.AllAboutYouTC.com Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Packet Pg. 247 7.K.2.a Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Q Packet Pg. 248 7.M.1 ITEM NO. (ID # 1386) DATE: 07/16/2013 COUNTY ` I ' A M AGENDA REQUEST *CONSENT AGENDA\PUBLIC WORKS TO: Board of County Commissioners PRESENTED BY: Ron Roberts, Solid Waste Manager SUBMITTED BY: Solid Waste Division SUBJECT: Repair to tipping floor at Baling Facility. BACKGROUND: TUFCO Industrial Flooring, Inc. (TUFCO) has been the only company that has been able to repair the tipping floor with an epoxy urethane combination that can withstand the abrasive and chemical attack of solid waste. TUFCO is also the only company that we have found that can take the tipping floor on a Friday and return it to service on Monday morning. Solid Waste has tried Anvil Top, a German Company, Delta Floors, a California company and Industrial Floors, a Pennsylvania company all without success. Additionally, TUFCO is the only company that offers a three year warranty. PREVIOUS ACTION: May 18, 2007 and July 27, 2010 - BOCC approved sole source to TUFCO to repair the tipping floor. FINANCIAL IMPACT: 401-3410-546100-300 - Sufficient funds are available in the Solid Waste Building Maintenance account. RECOMMENDATION: Board approve sole source to TUFCO for repair of tipping floor in the amount of $159,000 and authorize Chairman to execute documents as approved by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Packet Pg. 249 7.M.1 Coordination/Signatures n W st, Public Works Dire ;tor �; / 013 ianiQf S. McIntyre, ouy y Attorney 7/3/2013 aye W. Outlaw, County Administrator 7/11/2013 Updated: 7/3/2013 9:26 AM by Brian Hurwitz Page 2 Packet Pg. 250 JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: repairs to the Baling Facility tipping floor. a aD W As sole source procurement from (Name of Company): TUFCO Industrial Flooring, Inc._ a, c .Q a Contact Name: Roger Brown Phone: 352-383-3210 co The basis for this sole source determination and the reason no other vendor is suitable is: M 77 This company is the only company that has been able to repair the tipping floor and provide a three year: E guarantee for their work. The floor that needs repair was initially installed by TUFCO over 3 years ago. U- Other areas of the floor that have worn prematurely were warranted by TUFCO with no debate. TUFCO: is the only company that we are aware of that provides the service and product that they supply. Q Department/Divislon r Ron Roberts, Solid Waste Division_ Requested By (Print Na Aufhorized Signature Director 6/17/2013 Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. Approved r, Man . ager66nt & Budget Director County Administrator G:FORMSIISOLE SOURGEAINT Disapproved � /?� Z13 Date Zp-l&��� Date Packet Pg. 251 7.M.1.b QUOTATION/CONTRACT CONTRACT #2115 7,o370906F7SuneagleO Industrial Flooring, Inc. Drive — Mount Dora, Florida 32757 PH (352) 383-3210 June 17, 2013 ST. LUCIE SOLID WASTE BALIING & RECYCLING FACILITY 6120 GLADES CUT-OFF RD FT. PIERCE, FL 34981 ATTN: RON ROBERTS ronrp_co. st-luc ie. fl. us This is a quotation only and not a contract. Upon acceptance hereof by Buyer, this quotation will become an offer to Tufco Industrial Flooring, Inc. (the "Seller"); and such offer, if and when accepted in writing hereon by a duly authorized officer of Seller at its office in Mount Dora, Florida, shall become a mutually binding contract. Seller proposes to furnish all materials and perform all labor necessary to complete the following: INSTALL TCXL5 BLACK TUFCO URETHANE FLOORING AREA: TRANSFER STATION FLOOR MECHANICALLY PREP 14,000 SF OF EXISTING SURFACE INSTALL 14,000 SF OF TUFCRETE URETHANE FLOORING $ 210,000.00 ADDITIONAL FILL $ 5,000.00 WARRANTY CREDIT $ - 56,000.00 TOTAL $ 159,000.00 *This floor will carry a 3 year warranty DEBRIS REMOVAL: At installation, Buyer to provide a dumpster for disposal of bags and debris removed. Except as indicated above with respect to extra fill, any alteration of or deviation from the above specifications involving extra costs or material or labor will be performed only on written orders signed by both parties hereto. The foregoing quotation is subject to the following terms and conditions set forth on the following pages hereof: This agreement shall be binding upon the parties hereto, their heirs, personal representatives, successors and assigns, if accepted within thirty days from the date shown above. If this proposal is not accepted within the time limit specified, the same shall be null and void. PAYMENT: The price specified above shall be due and payable at Seller's office in Mount Dora, Florida on the tenth day following the date of Seller's invoice, which invoice shall be submitted upon completion of the work to be performed hereunder. The amount invoiced shall bear interest from and after the due date at the highest rate allowed by law. Packet Pg. 252 7.M.1.b CONFIRMATION AND INSTRUCTIONS: In the event that this quotation becomes a contract, Seller will, upon acceptance hereof, furnish Buyer with a Confirmation Letter advising Buyer of the date (s) on which the above described work will be performed. Buyer agrees to comply with Seller's instructions therein as to preparation for installation and clean-up following installation. LIMITED WARRANTY: Subject to compliance with the Confirmation Letter, Seller warrants that the floor to be installed hereunder shall, as installed, be free of defects in material or workmanship for a period of three years from installation, under conditions of normal use. First year is 100%, for all causes on both the materials we apply to your floor and the workmanship. The 2nd year is 50% Tufco, 50% customer, and the 3rd year is 25% Tufco, 50% customer. Seller shall not be responsible for any damage to persons or property that may be caused by fumes or odors arising from the materials used in performing the work under this contract. ADDITIONAL TERMS AND CONDITIONS 1. This contract shall be deemed, made in Florida and shall be construed in accordance with the laws of Florida. Buyer agrees that any controversy arising hereunder, or in connection herewith between the parties hereto shall, at Seller's option, be resolved by litigation or arbitration in Florida, and Buyer consents to such jurisdiction as may be necessary therefore. 2. Seller shall not be liable for any failure to perform or any delay in performance caused by fire, flood, storm, labor dispute, war or governmental regulation, and allocation of materials, or any other circumstance beyond Seller's control, including failure to obtain necessary supplies under contract with Sellers thereof. 3. In the event Buyer fails to pay when due the amount due hereunder, including any amounts due pursuant to properly signed change orders, Buyer shall be liable to Seller for a reasonable attorney's fee, being 15% of the contract price plus accrued interest, together with any and all costs and expenses incurred in connection with such suits or collection efforts as Seller may in its discretion deem necessary. Further, with respect to any other litigation or arbitration arising hereunder which shall be resolved in Seller's favor, Buyer agrees to hold Seller harmless for all attorney's fees and expenses incurred by Seller in connection therewith. 4. THIS CONTRACT CONTAINS THE COMPLETE AGREEMENT OF THE PARTIES HERETO, AND THERE ARE NO REPRESENTATION OR WARRANTIES BY SELLER, EXPRESSED OR IMPLIED, OTHER THAN THOSE SET FORTH ON THE FACE HEREOF, WHICH WARRANTIES ARE EXPRESSLY MADE IN LIEU OF ANY OTHER WARRANTY, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 5. Buyer agrees that, notwithstanding any claim Buyer may assert against Seller for damages arising from installation by Seller, Buyer shall pay the invoiced amount when due and shall notify Seller of the nature and amount of such claim in writing and within 5 days after installation by Seller; provided, that any such claim shall be waived if Buyer shall fail so to pay the invoice or to give such written notice. 6. Buyer agrees that in the event Seller shall not complete installation when scheduled pursuant to the Confirmation Letter referred to on the face hereof by reason of any modification of Buyer's facility occurring between the date this quotation was issued and the scheduled date for commencement of installation or by reason of any interruption of interference which is within Buyer's control or is beyond the control of both Buyer and Seller, including but not limited to interruption required or caused by any proper governmental authority or construction or installation operations by third parties under contract with Buyer, Seller shall promptly submit its invoice to Buyer for so much of the labor and materials as shall have been furnished during the scheduled dates for installation and buyer agrees to pay the amount of such invoice with ten (10) days thereafter; provided that, following such payment, Seller and Packet Pg. 253 7.M.1.b Buyer shall agree upon the earliest mutually convenient date or dates upon which Seller shall complete installation hereunder; and, provided further, that, if modifications of Buyer's facility so occurring or delays so resulting shall increase Seller's expense in completing performance hereunder, such additional expense shall be charged to Buyer. QUOTED FOR SELLER BY: Roger Brown Salesman's Name ACCEPTED BY SELLER: ACCEPTED BY BUYER: TUFCO Industrial Flooring, Inc. BY: BILL EINHELLIG Buyer's Name TITLE: PRESIDENT DATE: 6-17-13 TITLE: DATE: Packet Pg. 254 7.M.2 ITEM NO. (ID # 1400) DATE: 07/16/2013 COUNTY ` I ' A AGENDA REQUEST *CONSENT AGENDA\PUBLIC WORKS TO: Board of County Commissioners PRESENTED BY: Michael Powley, County Engineer SUBMITTED BY: Engineering SUBJECT: Angle Road 900' West of Kings Highway Emergency Culvert Replacement BACKGROUND: During a routine pipe inspection, a depression was observed within the Angle Road travelway west of Kings Highway. Prior to the conclusion of our pipe sleeving evaluation, the depression gave way leaving a hole within Angle Road. A complete replacement plan set was developed. Emergency bidding procedures were utilized to retain Johnson -Davis Inc. Their bid was the lowest responsive, responsible bid in the amount of $37,214.35 for the removal and replacement of 30" corrugated metal pipe with a 24" X 38" elliptical reinforced concrete pipe and endwalls. The culvert replacement work has been completed. This work has been constructed within the established budget in accordance with applicable FDOT construction specifications. No contingency was provided for this project. Staff has monitored the construction throughout and finds it to be acceptable. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Board acceptance of the Angle Road Emergency Culvert Replacement project. COMMISSION ACTION: Packet Pg. 255 7.M.2 RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coordination/Signatures A\cv%tsU "'A - (ALI n W st, Public Works Dire :tor 013 % 7— ianiqA WMcIntyre.y Attorney 6/26/2013 aye W. Outlaw, County Administrator 7/3/2013 Updated: 7/3/2013 9:11 AM by Brian Hurwitz Page 2 Packet Pg. 256 7.M.2.a DIVISION OF ENGINEERING MEMORANOUM TO: Dan McIntyre, County Attorney FROM; Mike Powley, County Engineer i1\ Date: June 18, 2013 Subject: Angle Road Emergency Culvert - Final Payment Please approve the attached Final Payment for Johnson -Davis Inc. in the amount of $5,411.95 If you need any additional information please contact me. Jmk Attachments cc: Don West, Public Works Director Craig Hauschild, Assistant County Engineer Packet Pg. 257 8.A.1 ITEM NO. ORD-2013-22 DATE: 07/16/2013 COUNTY ` R I ID A AGENDA REQUEST *PUBLIC HEARINGS TO: Board of County Commissioners PRESENTED BY: Katherine Barbieri, Asst. County Attorney SUBMITTED BY: County Attorney SUBJECT: Ordinance amending Chapter 2-5, "Building and Building Regulations" of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida by amending Section 2-5-9 "Procedure for Obtaining Certificate of Competency; amending Section 2-5-12 "Same -Expiration", and adding Section 2-5-12(5); and Section 2- 5-15 "Reciprocity"; providing for filing with the Department of State; providing an effective date; providing for adoption; and providing for codification. BACKGROUND: At the November 2012 Contractors Licensing Board meeting, board and staff discussed the possibility of updating the code in regards to recommendations for verification of experience from persons related by blood or marriage and the continuing education. After further discussion at the January 16, 2013 and March 20, 2013 meetings, staff has been directed by the Contractor's Licensing Board to present the proposed changes to the Board of County Commissioners. Section 2-5-9 - Procedure for obtaining Certificate of Competency Presently, our ordinance only allows verification of experience from a state certified or registered contractor and all trades are not obtainable at a state level which creates a hardship for contractors who have gained their experience from a locally licensed contractor to obtain a letter of experience. The proposed change will allow verification of experience from a locally licensed contractor. Additionally, the contractor had to be active at the time of verification and must be of the same trade that is being verified if they are related by blood or marriage. Section 2-5-12 - Expiration Changes to this section would specify that if a contractor lets their license lapse for more than twelve months, they have to reapply in same manner as the initial certificate of competency, except if they are a specialty contractor, they will have to retake the exam if it has been five years. A state certified certificate holder only has to retake if they do not have continuing education within five years. Packet Pg. 258 8.A.1 Section 2-5-15 - Reciprocity Proposed changes to this section would put tighter restrictions on the letter of reciprocity accepted by St. Lucie County. PREVIOUS ACTION: Permission to advertise was granted by the Board of County Commissioners on May 21, 2013. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board adopt the Ordinance and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Kim Johnson, District No. 5 Frannie Hutchinson, District No. 4, Vice -Chair Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coordination/Signatures Heather Young, Asst, County Attorneyy, /10/2013 bob entkof AssistaY�it Zo_:unty AdmiNi ratot/1 �/2013 Updated: 7/11/2013 9:16 AM by Shane A. De Witt Page 2 Packet Pg. 259 8.A.1.a ORDINANCE NO. 13-022 AN ORDINANCE AMENDING CHAPTER 2-5, "'BUILDING AND BUILDING REGULATIONS" OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 2-5-9 "PROCEDURE FOR OBTAINING CERTIFICATE OF COMPETENCY; AMENDING SECTION 2-5-12 "SAME - EXPIRATION" AND ADDING SECTION 2-5-12(5); AND SECTION 2-5-15 "RECIPROCITY"; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, Section 125.01, Florida Statutes, authorizes the Board of County Commissioners to establish programs providing for the health, safety and general welfare of the residents of St. Lucie County; and, WHEREAS, Chapter 2-5 (Building and Building Regulations) of the St. Lucie County Code of Ordinances and Compiled Law provides for the regulation and control of the construction and home improvement industries. WHEREAS, Section 2-5-9 establishes general procedure forobtaining certificate of competency; and, WHEREAS, Section 2-5-12 requires a certificate holder to renew his license within twelve months of the expiration date; and, WHEREAS, Section 2-5-15 requires a letter of reciprocity to be submitted to the planning and services development director; and, WHEREAS, a significant number of contractors obtain their required experience by working for someone who was related by blood or marriage; and WHEREAS, previously a contractor related by blood or marriage could not provide the letter, documents, experience; and WHEREAS, a contractor who allowed his certificate or competency expire did not ever have to retake a required examination which he had previously taken and obtained a passing score; and WHEREAS, the Florida Building Code is usually updated every three (3) years. o Therefore, if a contractor has not been active in the field for over five (5) years, they 0 would have to retake the previous examination to demonstrate continued competency 04 in the field. N 0 c� r Underlined passages are added, _ 1 5ernektit roegh passages are added. d E L V Q Packet Pg. 260 8.A.1.a NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, acting for and on behalf of the St. Lucie County Board of County Commissioners: ARTICLE I LICENSING AND EXAMINATION OF CONSTRUCTION CONTRACTORS PART II. CHAPTER 2-5 "LICENSING AND EXAMINATION OF CONSTRUCTION CONTRACTORS" IS HEREBY AMENDED AS FOLLOWS: Section 2-5-9(2)(e). Procedure for obtaining certificate of competency. Three (3) letters of recommendation frorn reputable business or professional persons, two (2) of the letters shall be from reputable business or professional persons not related by blood or marriage to the applicant. At least one (1) of the three 3 letters of recommendation shall be from a contractor certified or registered by the State of Florida or the state in which the applicant most recently resided before becoming a resident of the State of Florida and shall have the contractor's license number included in the letter. A letter from a local Contractor who holds a Certificate of Competency is accepted in place of the State of Florida Contractors as long as the Certificate of Competency is of the same trade that is being verified. If the contractor who is verifying the experience is related by blood or marriage, the contractor must show proof of being active as a contractor registered or certified by the State of Florida or the State in which the contractor most recently resided or had a local Certificate of Competency at the time of verification and must be of the same trade that is being verified. These All three 3) letters of recommendation shall address the applicant's knowledge, experience, and ability as a contractor. All three (3) letters must be notarized. Section 2-5-12(4) Same - Expiration. (4) If a certificate holder fails to renew his certificate of competency within twelve (12) months of its expiration date, the certificate holder shall be required to w reapply for a certificate of competency in the same manner as for an initial o certificate of competency. This seetiem shall met be eemstrued to require a N M (12) momths of its expiration date to retake a required examination whieh he O eert0fleate holder who fails to remew his eertifleate of cornpeteney within twelve had previously taken and obtained a passing seere in order to reapply for his A certificate holder who is required to register with 0 the State of Florida must have continuing education within the five years from the date the certificate of competency expired or the certificate holder would c M r Underlined passages are added. _2 St .,!,t! ..Cl r passages are added. d E L fJ Q Packet Pg. 261 8.A.1.a have to retake the required examination which he had previously taken and obtained a passing score. A certificate holder who fails to renew his specialty contractor certificate of competency within twelve (12) months of its expiration shall be required to reapply for a certificate of competency in the same manner as for an initial certificate of competency. The certificate holder would have to retake the required examination which he had previously taken and obtain a passing score if the application is submitted after five (5) years from the expiration date. The board of county commissioners shall prescribe the application fee for such reapplication by resolution. A certificate holder may apply for inactive status pursuant to section 2-5-13. Section 2-5-15 Reciprocity. (1) The community development planning & services development director shall issue letters of reciprocity to contractor licensing officials in other jurisdictions for those parties who have been issued a St. Lucie County certificate of competency. A letter of reciprocity shall state the name and address of the certificate holder, the type and class of certificate issued, the title, date, location, and grade for the examination taken, and the current status of the certificate. (2) Remains the same. (3) In lieu of meeting the requirements of subsection 2-5-11(1)(b), the county shall accept original letters of reciprocity from other jurisdictions only for those applicants who have obtained a grade of seventy (70) percent or higher on a competency examination which has been approved by the appropriate county examining board. Such letters of reciprocity shall be on letterhead of the other jurisdiction's contractor licensing official and shall be signed by the official or his designee. The letter of reciprocity shall contain the applicant's name and address, the date and place the applicant took the competency examination, the name of the examination, the grade obtained on the examination a copy of the applicant's current credit report, and the current status of the applicant's license. The date of the competency examination shall not be older than five (5) years when it is submitted. If the date of the competency examination is older than five (5) years, the applicant must provide proof of having been working in their trade for that period. Upon receipt of proof of employment in the trade for the last five years, the letter of reciprocity shall be accepted. A letter of reciprocity shall be no older than six (6) months when it is submitted to the planning & services development director. (4) In addition to the reciprocity procedures set forth above, an applicant who holds p a current and valid certificate of competency issued by the City of Fort Pierce or N the City of Port St. Lucie shall be issued a County certificate of competency in c Underlined passages are added. -3- C ..gl passages are added. d I_ L V Q Packet Pg. 262 the same contractor category upon submission of following to the Cernmunity Development Direeter planning & services development director or his designee: (a) remains the same. (b) remains the same. (c) remains the same. 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. If this 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 the date it is filed with the State. 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. PASSED AND DULY ADOPTED this day of Underlined passages are added. -4- , 2013. O N N O M r St uck tj augh passages are added. E L V Q Packet Pg. 263 8.A.1.a ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney N N O M Undedined passages are added. _5 SM melt H eugh passages are added. d E t V a Q Packet Pg. 264 8.A.2 ITEM NO. (ID # 1373) - J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Katherine Barbieri, Asst. County Attorney SUBMITTED BY: County Attorney DATE: 07/16/2013 *PUBLIC HEARINGS SUBJECT: Code Enforcement Cases - Unsightly and Unsanitary Conditions causing serious threat to public safety. BACKGROUND: St. Lucie County has received code compliance complaints from neighbors regarding the properties shown below (the "Properties"). 1. Case No. 76663 - 3407 Avenue O, Fort Pierce The Property was cited by Code Enforcement on May 21, 2013 in Case No. 76663. The Property was found to be in violation of Section 1-9-32(D) Public Nuisance of the St. Lucie County Code and Compiled Laws (excessive overgrowth of grass and weeds) and Section 13.09.00 of the St. Lucie County Land Development Code (Exterior Property Maintenance Code). It was requested that the owner mow and maintain the entire property for excessive overgrowth of grass and weeds and board up and secure all windows and doors. The conditions have created a public health safety and unsanitary nuisance on this Property. (See photographs attached).The Property is currently under foreclosure. The bank and the property owner have been notified of the conditions and the request to abate the violations. No response has been received to date. 2. Case No. 76664 - 2110 Jacobs Road, Fort Pierce, FL The Property was cited by Code Enforcement on May 21, 2013 in Case No. 76664. The Property was found to be in violation of Section 1-9-32(D) Public Nuisance of the St. Lucie County Code and Compiled Laws (excessive overgrowth of grass and weeds) and Section 13.09.00 of the St. Lucie County Land Development Code (Exterior Property Maintenance Code). It was requested that the owner mow and maintain the entire property for excessive overgrowth of grass and weeds and board up and secure all windows and doors. The conditions have created a public health safety and unsanitary nuisance on this Property. (See photographs attached). The property is not in foreclosure and no one is living in the residence. As of June 5, 2013, the properties listed above had not been abated. On June 5, 2013, the Code Enforcement Board issued an order to Staff to bring the properties to the Board of County Commissioners, as they found the properties to present a serious threat to public Packet Pg. 265 8.A.2 safety. Section 162.09 Florida Statutes provides that the Code Enforcement Board may order Staff to notify the Board of County Commissioners when they feel the violations present a serious threat to the public health, safety and welfare. The County may make all reasonable repairs which are required to bring the property into compliance and charge the violator. Making such repairs does not create a continuing obligation on the part of the County to make further repairs to or maintain the property. Staff is requesting authorization to have the grass mowed, and secure openings and place a lien on the properties for the cost. PREVIOUS ACTION: N/A FINANCIAL IMPACT: 102-2415-534000-200 RECOMMENDATION: Staff recommends that the Board authorize Staff to abate the violations by mowing and maintaining the Properties at both locations for excessive overgrowth of grass and weeds and place liens on the Properties for the cost. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coordination/Signatures �) di a S. McIntyre, ou y Attorney 7/3/2013 aye W. Outlaw, County Administrator 7/12/2013 Updated: 7/12/2013 11:52 AM by Igm2 Admin Page 2 Packet Pg. 266 8.A.2.a BOARD OF COUNTY COMMISSIONERS REFERRAL TO THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEAN BRYAN 2730 DEVONWOOD AVE MIRAMAR, FL 33025 PLANNING & DEVELOPMENT SERVICES 5/21/13 Case Number: 76663 1. Pursuant of Article III of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified of the following, on MAY 21, 2013, the undersigned officer inspected the following property: 3407 AVE 0 FT PIERCE, FL 34946 Tax ID number: 2405-601-0381-000/8 Legal description: Please see attached Violation description: Please see attached 2. The inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare and the violation is irreparable or irreversible in nature. Therefore, this matter is scheduled for a public hearing before the St. Lucie County Code Enforcement Board on 6/5/13, at 9 AM in the Commission Chambers of the St. Lucie County Annex Building, 2300 Virginia Avenue., Fort. Pierce, Florida. The Board encourages your attendance. 3. At the public hearing, the Code Enforcement Board may order staff to notify the Board of County Commissioners, which may order all reasonable repairs be made which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. The cost of the repairs may become a lien upon the real or personal property of the violator. The Board may impose additional fines to cover cost incurred in enforcing the codes. 4. If you correct the violation(s) prior to the hearing date or require a copy of the Code Enforcement Board Rules and Regulation, contact the St. Lucie County Code Enforcement Division at (772) 462-1571. Method of delivery: CERTIFIED MAIL 91 7108 2133 3935 7810 1563 Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Fort Pierce, Florida 34982 Planning and Development Services (772) 462-1571 FAX (772-462-1148 Packet Pg. 267 8.A.2.a BOARD OF COUNTY COMMISSIONERS REFERRAL TO THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PLANNING & DEVELOPMENT SERVICES 5. Notice: All proceedings before the St. Lucie County Enforcement Board, St. Lucie County, Florida, are electronically recorded. Any person who decides to appeal any action taken by the Enforcement Board at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross examine an individual testifying during a hearing upon request. Written comments received in advance of public hearing will also be considered. nielle Williams Code Compliance Phone: (772) 462-1571 Fax; (772)462-1148 THIS IS THE ONLY NOTICE YOU WILL RECEIVE. Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Fort Pierce, Florida 34982 Planning and Development Services (772) 462-1571 FAX (772-462-1148 Packet Pg. 268 8.A.2.a Violations found on case 76663 Ordinance 1-9-32 ( D) SLC C&CL PUBLIC NUISANCE Finding EXCESS OVERGROWTH OF GRASS AND WEEDS. PLEASE MOW AND MAINTAIN THE PROPERTY INCLUDING ALL OF THE BACK YARD. Ordinance 13,09.00 SLC LDC Exterior Property Maintenance Code Finding SECTION 301.3 - VACANT STRUCTURES AND LAND - PLEASE BOARD UP AND SECURE ALL WINDOWS AND DOORS. Tuesday, May 21, 2013 Page I of 1 Packet Pg. 269 Property Appraiser - St.Lucie County, FL 8.A.2.a Page 1 of 1 Dean Bryan Record: 1 of 1 Property Identification Site Address: 3407 Avenue O Sec/Town/Range: 05 :35S :40E Map ID: 24/05N Zoning: RS-4 Ownership and Melling Owner. Dean Bryan Address: 2730 Devonwood Ave Miramar FL 33025 Sales Information Date Price Code 7/19rW4 33000 00 10/1/1976 18000 00 PROPERTY RECORD CARD «Prey Next» Spec.Assmnt Taxes Exemptions Permits Home Print , Parcel I D: 2405-601-0381-000-8 Account #: 18657 ,�jlCflA `': Use Type: SF Res City/Cnty: St Lucie County Legal Description SUNLAND GARDENS BLK 21 LOT 7 (0.18 AC) (0.18 AC) (OR 2026- 1267) Assessment 2012 Deed Book/Page 2012 Final: 20800 WD 2026 / 1287 Assessed: 20800 CV 0268 / 1968 Ag.Credit 0 Exempt: Taxable: Taxes: 420.79 BUILDING INFORMATION Total Land and Building Land Value: 2600 Acres: 0.18 Building Value: 18200 Finished Area: 992 SgFt Exterior Features View: RoofCover. CS - Conc Shingle RoofStruct: GA - Gable ExtType: HD . HD YearBlt: 1953 Frame: Grade: D - D EffYrBlt: 1976 PrimeWali: BS - CB Stucco StoryHght: 0010 - 1 Story No.Units: 1 Secwail: Interior Features BedRooms: 2 Electric: AV - AVERAGE PrmintWall: PF - PF FullMh: 1 HeatType: AvgHUFI: STD 1/26ath: 0 HeatFuel: - Prm_Flors: CA - A TUCON %A/C: 0 %Heated: 0 %Sprinkled: 0 Special Features and Yard items Land Information Type Y/S Qty, Units Qual. Coed, Yr6tt. No_ Use Type Type Measure Depth 1 0100-SF Res BI-Front Ft 60 134 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. a http://www.pasle.org/paslc/prc.asp?prclid=240560103810008 5/21/2013 Packet Pg. 270 CASE NO. 76663 3407 AVE O JUNE 4, 2013 OFFICER WILLIAMS M T r; M <: M T f/! C d �� •� ram+ a+ ^� Q ;r F rq Y Packet Pg. 271 CASE NO. 76663 3407 AVE 0 JUNE 4j 2013 OFFICER WILLIAMS a. f 3f + y ] Y ., .s i. i i "� • r , r `. d e k:e-c s'A '�j i t `Abl- F 8.A.2.a A Q 4 MIT Packet Pg. 272 - �'i`aall'�±'�ait.�au�k.F�'.`1fti:`�-=•.�"I�I �.e�lC1�'��.:.�i1,."' n. - .sa'�1+���!i` _ 8.A.2.a BOARD OF COUNTY PLANNING & COMMISSIONERSCOUNTY DEVELOPMENT • R I D A SERVICES REFERRAL TO THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS JERRY SAUERS ANDKEVIN SAUERS 5/21/13 535 URANT ST. HAZELTON, PA 18201 Case Number: 76664 1. Pursuant of Article III of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified of the following, on MAY 21, 2013, the undersigned officer inspected the following property: 2110 JACOBS RD. FT PIERCE, FL 34982 Tax ID number: 2428-231-0007-000/9 Legal description: Please see attached Violation description: Please see attached 2. The inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare and the violation is irreparable or irreversible in nature. Therefore, this matter is scheduled for a public hearing before the St. Lucie County Code Enforcement Board on 6/5/13, at 9 AM In the Commission Chambers of the St. Lucie County Annex Building, 2300 Virginia Avenue., Fort. Pierce, Florida. The Board encourages your attendance. 3. At the public hearing, the Code Enforcement Board may order staff to notify the Board of County Commissioners, which may order all reasonable repairs be made which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. The cost of the repairs may become a lien upon the real or personal property of the violator. The Board may impose additional fines to cover cost incurred in enforcing the codes. 4. If you correct the violation(s) prior to the hearing date or require a copy of the Code Enforcement Board Rules and Regulation, contact the St. Lucie County Code Enforcement Division at (772) 462-1571. Method of delivery: CERTIFIED MAIL 41 7108 2133 3935 7810 1570 Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Fort Pierce, Florida 34982 Planning and Development Services (772) 462-1571 FAX (772-462-1148 Packet Pg. 273 8.A.2.a BOARD OF COUNTY COMMISSIONERS REFERRAL TO THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PLANNING & DEVELOPMENT SERVICES S. Notice: All proceedings before the St. Lucie County Enforcement Board, St. Lucie County, Florida, are electronically recorded. Any person who decides to appeal any action taken by the Enforcement Board at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross examine an individual testifying during a hearing upon request. Written comments received in advance of public hearing will also be considered. Da ielle Williams Code Compliance Phone: (772) 462-1571 Fax; (772)462-1148 THIS IS THE ONLY NOTICE YOU WILL RECEIVE. Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Fort Pierce, Florida 34982 Planning and Development Services (772) 462-1571 FAX (772-462-1148 Packet Pg. 274 8.A.2.a Violations found on case 76664 Ordinance 1-9-32 ( D) SLC C&CL PUBLIC NUISANCE Finding EXCESSIVE OVERGROWTH OF GRASS AND WEEDS. PLEASE MOW AND MAINTAIN THE ENTIRE PROPERTY. Ordinance 13,09.00 SLC LDC Exterior Property Maintenance Code Finding SECTION 301.3 - VACANT STRUCTURES AND LAND - PLEASE BOARD UP AND SECURE ALL WINDOWS AND DOORS, Tuesday, May 21, 2013 Page I of I Packet Pg. 275 8.A.2.a Property Appraiser - St.Lucie County, FL Page 1 of 1 PROPERTY RECORD CARD 2 Jerry Sauers Record: 1 of 2 <<Prev Next» Spec.Assmnt Taxes Exemptions Permits Home Print 0 Property Identification D- Site Address: 2110 JACOBS RD ParcellD: 2428-231-0007-000-9 4ViCl1; Sec(fown/Range: 28 :35S :40E Account #: 32154 -'- � Map ID: 24/28N Use Type: City/cnty: SF Res St Lucie County -,r s H Zoning: RS-4 Ownership and Mailing Owner: Jerry Sauers Kevin Sauers Address: 535 Urant St Hazetton PA 18201 Sales Information Date Price Code Deed Book/Page 4/5/2001 53000 01 WE) 1383 J 0864 2/14/2001 0 01 CT 1364/0525 9/23/1997 75000 00 WD 1101 J 0545 10/1/1977 27000 00 CV 0276 / 0463 611119T7 20400 00 CV 0269 J 1834 Legal Description 28 35 40 FROM SE COR OF E 112 OFNE 1/4 OF SW 1 /4 OF NW 1/4, RUN N178.7 FT TO POB, TH CONT N 180 FT, More... Asseasmard 2012 Total Land and Building 2012 Final: 58500 Land Value: 11800 Acres: 0,51 Assessed; 5850o Building Value: 40700 Ag.Credit: 0 Finished Area: 2108 SgFt Exempt: Taxable: Taxes: 1183,53 BUILDING INFORMATION Exterior Features View: RootCover: SD - Dim Shingle RootStruct: HP - Hip ExtType: HD+ - HD+ YearBlt: 1940 Frame: Grade: D+. - D+ EifYrBit: 1980 PrimeWall: SB - Abs Shingle StoryHght: 0010. 1 Story No.Units: 1 SecWall: Interior Features BedRooms: 3 Electric: MN - MINIMUM PrmintWall: WB - WB FullBaih: 1 HeatType: AvgHVR: 1/2Bath: D HeatFuei: - Prm.Flors: SP - Sing Pine %A/C: 0 %Heated: 0 %Sprinkled: 0 Special Features and Yard Items Land Information Type Y/S Oty. Units Qua], Conti. YrBlt. No. Use Type Type Measure Depth SWAV - RES POOL AVG Y 1 450 AV AV 1978 1 0100-SF Res 216 -Front Ft 124 180 PA01 - POOL DK-AVG Y 1 558 AV AV 1976 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. a http://www.paslc.oriz/Daslc/prc.asp?prclid=242823100070009 5/2 2013 Packet Pg. 276 - .. i ;,�o gr FIFICER WILLIAMS E+ .�f i ¢•. tr P d t F x; ^,91 ` t, eel Nr OP 71. I • 4 Tom' • ���++ii�sss 4r ++y1V .t�•�a /� -["a R�. r �k � ;M j`''+�e4a '�� *.•- .. _. ,.-"-r_ .,��- �✓Y '!�r .+• • � _ t�-i� _t -. a. - a , � t�.;� �' 'z Y i�r� }'�c lrroya �# -.�. :r ^ - s � � 71•+. a • a + a � Al ry � J • k ++k rCASE NO. 76664 ��! +rr.i► o fi+ ir�'r i' a " lL� r d a� a • � ice''. ^I + ; � _ . bFFICER WILLIAMS r I 4 r r � •i' r `� � @ !. � • i. ! _�* _.+fie ,,+ .p �i�a�, .! 4 rl+! •��� �.; i •t -. , •� { �� � J } j'i - � ■fir � . r 1 � , t�•.. _. 'r ?I '' r • 'r ( IF 4 yy � � r+ .'Qi�"14e�4 r Y•. r r r'f j r + r : r `� x �• � � r fit: �{+� � - 1 It F .. ' 1 a ' a e P �. / A��'�!��}j.. d•/ , E{ ' � rr r�9r -. s ,�tt�+ �w rr' ,..a Y. ,+ �i r •' �y ) .,i ! m r ',","ir'g...; -1 .+� - < gg� � �1 � .r� r .'a .� r �r{a" , r , p • j r q +J• COUNTY ` 1. ' AAGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division ITEM NO. RES-2013- 124 DATE: 07/16/2013 *PUBLIC HEARINGS SUBJECT: Resolution - County Owned Property Suitable for Affordable Housing BACKGROUND: In 2006, the Florida Legislature enacted HB 1363 which requires local governments to prepare an inventory list of all real property within its jurisdiction that is appropriate for use as affordable housing. The properties may be offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund for affordable housing. The listing of property is required to be updated July 1, every three years. PREVIOUS ACTION: December 11, 2007 - Board adopted Resolution No County owned property December 4, 2012 - Board adopted Resolution No. County owned property FINANCIAL IMPACT: N/A RECOMMENDATION: 07-382 establishing an inventory of 12-218 establishing an inventory of Board approval of the list of properties owned by St. Lucie County suitable for affordable housing and the Resolution establishing an updated list and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Packet Pg. 279 Coordination/Signatures yder, Community Servic re 7/5/2013 r ianiQfS. McIntyre, ouy y Attorney 7/8/2013 ob entkof y, As ista it ounty �Adrato/l �/2013 Updated: 7/11/2013 9:49 AM by Shane A. De Witt Page 2 Packet Pg. 280 Statutes & Constitution :View Statutes : Online Sunshine Pa 8.B.a Sunshine Select Year: 2012 —1 Go The 2012 Florida Statutes Title M Chapter 125 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL COUNTY Chapter RELATIONS GOVERNMENT 125.379 Disposition of county property for affordable housing.— (1) By July 1, 2007, and every 3 years thereafter, each county shall prepare an inventory list of all real property within itsjurisdiction to which the county holdsfee simple title that is appropriate for use as affordable housing. The inventory list must include the address and legal description of each such real property and specify whether the property is vacant or improved. The governing body of the county must review the inventory list at a public hearing and may revise it at the conclusion of the public hearing. The governing body of the county shall adopt a resolution that includes an inventory list of such property following the public hearing. (2) The properties identified as appropriate for use as affordable housing on the inventory list adopted by the county may be offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund earmarked for affordable housing, or may be sold with a restriction that requires the development of the property as permanent affordable housing, or may be donated to a nonprofit housing organization for the construction of permanent affordable housing. Alternatively, the county may otherwise make the property available for use for the production and preservation of permanent affordable housing. For purposes of this section, the term ?affordable" hasthe same meaning as in s. 420.0004(3). History.s. 1, ch. 2006-69. Copyright © 1995-2013 The Florida Legislature • Privacy Statement • Contact Us rn M LO N r N 7 a+ R a+ U) fC O LL C d E t v R r r Q http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0125/Secti packet Pg. 281 8.B.b RESOLUTION NO. 13-XX A RESOLUTION ESTABLISHING AN INVENTORY OF COUNTY OWNED PROPERTY SUITABLE FOR AFFORDABLE HOUSING PURSUANT TO SECTION 125.379, FLORIDA STATUTES, PROVIDING FOR TRIENNIAL REVIEW OF THE INVENTORY LIST, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County Florida (the "Board"), has made the following determinations: 1. Pursuant to Section 125.379, Florida Statutes, each County is required to prepare an inventory of all real property within its jurisdiction held by the County in fee simple title that is appropriate for use as affordable housing. 2. The Community Services Department has compiled a list of property owned by the County in fee simple that is suitable for affordable housing attached hereto as Exhibit "A". 3. On July 16, 2013, this Board held a public hearing to consider approval of the proposed inventory list, after publishing a notice of such hearing in the St. Lucie News Tribune on July 1, 2013. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: 1. This resolution shall become effective immediately upon adoption. Pursuant to Section 125.379, Florida Statutes, the Board hereby approved the inventory list of properties held by the County in fee simple title attached hereto and incorporated herein as Exhibit "A" as appropriate for affordable housing. 2. The Board shall review the inventory list on or before July 1, 2016 and every three years thereafter to consider revisions to the inventory list as the Board may deem necessary. After motion and second the vote on this resolution was as follows: Chairman Tod Mowery XX Vice Chairman Frannie Hutchinson XX Commissioner Chris Dzadovsky XX Commissioner Paula A. Lewis XX Commissioner Kim Johnson XX PASSED AND DULY ADOPTED this 16th day of July, 2013. Packet Pg. 282 8.B.b ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA I "A's Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Packet Pg. 283 8.B.b Exhibit A ST. LUq E OOUNTY SURPLUS PROPERII ES SUITABLE FORAFFORDABLE HOUSING Address Parcel ID Acreage dirisdiction Zoning Status 5604 Palm Drive 3402-609-0156-000-0 .23 3. Lucie County RS-4 Improved* 7103 Paso Fbbles Boulevard 1301-611-0063-000-2 .24 3. Lucie County RS-4 Improved* 6700 Salerno Fbad 1301-612-0007-000-5 .27 3. Lude County RS4 Property will be demolished and rebuilt* 4906 Sunset Boulevard 3402-608-0241-000-0 .23 s. Lude County RS-4 Improved* 110 (Bonita Court 3419-540-0294-000-1 .19 3. Lude County RS-4 Improved* * These lots have been acquired through the Neighborhood 3abilization Program and are subject to program regulations and requirements regarding disposition. Packet Pg. 284 ITEM NO. (ID # 1414) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: Property Acquisition Division DATE: 07/16/2013 *REGULAR AGENDA SUBJECT: Midway Road Improvements - Four-Lanning of Midway Road from South 25th Street West to Selvitz Road - Mr. & Mrs. Raymond Harless - Parcel ID 3403-502-0174-000/7 BACKGROUND: St. Lucie County is in the process of acquiring rights -of -way as part of a Road Improvement Project to widen Midway Road from South 25t" Street to Selvitz Road. The proposed design is for a four (4) lane divided urban section with a 6' sidewalk on the north side and a 12' multi -use path on the south side. The footprint for Midway Road will need to accommodate in the future two additional lanes in accordance with St. Lucie County's Long Range Transportation Plan. The proposed design of Midway Road will require the County to acquire most of the property including the house, except for the screened porch, owned by Mr. & Mrs. Raymond Harless. A map depicting the proposed right-of-way on the Harless parcel is attached. The Harless' have lived in their home for 36 years. This acquisition will require the Harless' to rebuild their home on property to the south that they also own. Staff had an appraisal prepared by Daniel Fuller of Fuller-Armfield-Wagner Appraisal and Research which had a market value of $137,300.00 which includes $800.00 for a Temporary Construction Easement to go on the remaining property to remove the house. Staff submitted an offer to purchase the right-of-way needed by the County based on the values determined by Mr. Fuller. The attorney representing Mr. & Mrs. Harless has made a counter- offer to the County in the amount of $300,000 as outlined in a letter dated June 26, 2013, a copy of which is attached. The June 26 letter also outlines contingencies to the counter-offer as follows: a) The Harless' would receive a curb cut on Midway Road at no cost. b) The Harless' would not be required to pay impact fees for the construction of their replacement house. c) The Harless' would be able to join in Unity of Title the remaining property with the south property. d) The Harless' will be given 150 days to remain on the property while the replacement house is being built. e) Payment of Harless' attorney fees and costs in the approximate amount of $12,000.00. Discussion Packet Pg. 285 After receiving the settlement proposal, staff contacted Daniel Fuller, MAI, the appraiser that performed the original appraisal for the County and requested that he analyze the proposed settlement proposal. Attached to this memorandum is a copy of a letter from Mr. Fuller dated July 5, 2013 which provides Mr. Fuller's estimate of the cost to replace the Harless' residence. With any settlement offer, it is appropriate to look at the "best case -worst case" scenario if the settlement offer is not accepted. In the "best case" scenario the case would proceed to trial before a jury and a jury would accept the County's initial value of $137,300.00. In the best case scenario the County would be obligated to pay for the County's expert witness (appraisal and engineering) costs as well as costs and some attorney's fees incurred by the Harless'. It is likely that these costs would exceed $35,000.00. In a "worst case" scenario, the jury would value the property at $300,000.00. As with the "best case" scenario the County would be obligated to pay its expert witness costs as well as Harless' expert witness costs. In a worst case scenario the County would also have to pay an increased attorney's fees of approximately $54,000.00 because of the increase in the value determined by the jury. It is likely that the amount of attorney's fees and costs in a worst case scenario would exceed $75,000.00. With regard to the June 26 settlement offer, County staff does not recommend that the Board approve the settlement offer as presented. No appraisal or other information was provided to support that proposed $300,000.00 purchase price. Staff does, however, understand the impact of the County's proposed acquisition on the Harless' existing residence as well as the Harless' desire to rebuild their home on the adjacent property they own south of the current residence. In an effort to settle the issues surrounding the proposed acquisition, County staff suggests that the Board consider authorizing staff to make a counteroffer based on the replacement cost value amount of $213,500.00 provided by Mr. Fuller in his letter of July 5, 2013. The counteroffer would include the other conditions in the June 26 letter which are acceptable to staff. PREVIOUS ACTION: April 11, 2006 - Agreement with H.W. Lochner, Inc. for design and permitting the four- lanning of Midway Road. FINANCIAL IMPACT: Funds are available in: Impact Fees - Right -of -Way - 101006-4116-563007-4118 - Impact Fees - Title - 101006-4116-561002-4118 RECOMMENDATION: Staff recommends the Board reject the June 26, 2013 settlement proposal but authorize staff to make a counter-offer in the amount of $213,500.00 based on the replacement cost value provided by Mr. Fuller along with acceptance of the contingencies outlined in the June 26, 2013 letter. COMMISSION ACTION: Updated: 7/11/2013 12:54 PM by Shane A. De Witt Page 2 Packet Pg. 286 Coordination/Signatures A Heather Young, Asst. County Attorney 7/ 1 ob entkof y, As ist- ounty Admir,i,trato2013 Updated: 7/11/2013 12:54 PM by Shane A. De Witt Page 3 Packet Pg. 287 9.A.a 9?': e4 &44,� Harless House and Property to the South m r Q DI CLAIMER St. Lena peaery meksanowerraetr.=earesenlaronor eaaranry aemme eonrear. aegaenrw, acca�acy. nmeibuaa.woompmerres:daayame tleodate lntormatipn provided harem, 0 0.00226.0945 0.009 0.01s5 O018 Tne reader aneuEd eel rely en the dale nrpvleea hnem for enY reason. SI. I— C—A esplrlur dlzmeims env representations and warentlas, Inclwiln6, w3lnout limiteaan, Me implisa h9'ile=_ e el merden[ablllry eiM fitness forapsrlicuWr puryuee. SILL-- Cwnlya 11 assume no tiabilltyfw:1.Anyerrors, omledens er InecemacieaIn me mfarmai en pre�lded regaMless of new caused; or 4. P.ny dsciavn made or arson taken or not Isom by ony pe — in reliancB cpan any mfwmetlon or dalx Nmishetl hereuMer. Packet Pg. 288 9.A.b PROJECT NAME: Midway Road Improvements PARCEL: Raymond L. Harless and Pamela G. Harless Parcel 3403-502-0174-00017 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2013, RAYMOND L. HARLESSand PAMELA G. HARLESS, husband and wife, whose mailing address is 3171 West Midway Road, Fort Pierce, FL 34981-4958 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" 1. PURCHASE PRICE AND METHOD OF PAYMENT. Thefull purchase price -One Thirty -Seven Thousand, Three Hundred 00/ 100 Dollars, determined to be the total of the following: $137,300.00 Real Property Parcel I.D. 3403-502-0174-000/7 (Exhibit A) $136,500.00 Temporary Construction Easement (Exhibit F) $ 800.00 payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. PURCHASER shall pay $2,000.00 towards moving expenses. 3. TITLE. PURCHASER shall obtain, at the PURCHASER S expense, a commitment for title insurance from a title company of PURCHASERS choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be Packet Pg. 289 9.A.b discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No -Lien Affidavit as to realty. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne bythe SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. Packet Pg. 290 9.A.b 9. CLOSING. The closing shall be on or before July 31, 2013 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re- entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon Packet Pg. 291 9.A.b SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFERTOSELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, Packet Pg. 292 9.A.b easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASERS expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASERshall havetheoptionofcanceling this Agreement orPURCHASER may elect to proceed with the transaction. Packet Pg. 293 9.A.b 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this day of , 2013. Witness Witness Witness Witness STATE OF _ COUNTY OF RAYMOND L. HARLESS PAMELA G. HARLESS The foregoing instrument was acknowledged before me this day of. 2013, by RAYMOND L. HARLESS and PAMELA G. HARLESS, who is personally known to me or who has produced a driver's license issued within the last five years as identification. My Commission Expires: Notary Public (Printed, Typed or Stamped Name of Notary Public) Packet Pg. 294 9.A.b EXECUTED by PURCHASER this day of , 2013 ATTEST: BY: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY Packet Pg. 295 9.A.b EXHIBIT "A" MIDWAY ROAD PARCEL 108 A PORTION OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 274, PAGE 2429 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, ALSO BEING A PORTION OF LOT 99 OF WHITE CITY SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A RAILROAD SPIKE IN ASPHALT CUT-OUT MARKING THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE RUN SOUTH 00°09'07" EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 2623.28 FEET TO A POINT ON THE CENTERLINE OF SURVEY OF MIDWAY ROAD AS SHOWN ON ST. LUCIE COUNTY RIGHT-OF-WAY MAP, COUNTY JOB NUMBER 0618; THENCE DEPARTING SAID WEST LINE RUN SOUTH 81031'28" EAST ALONG SAID CENTERLINE OF SURVEY A DISTANCE OF 53.15 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1910.08 FEET; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE AND CONTINUE ALONG SAID CENTERLINE THROUGH A CENTRAL ANGLE OF 09023,221, A DISTANCE OF 313.02 FEET TO THE POINT OF TANGENCY; THENCE RUN NORTH 89°05'10" EAST AND CONTINUE ALONG SAID CENTERLINE A DISTANCE OF 586.47 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 17,188.76 FEET; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE AND CONTINUE ALONG SAID CENTERLINE THROUGH A CENTRAL ANGLE OF 01032,351, A DISTANCE OF 462.88 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 89'22'15" EAST AND CONTINUE ALONG SAID CENTERLINE A DISTANCE OF 1219.91 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, ALSO BEING THE WEST LINE OF LOT 94 OF WHITE CITY SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND SHOWN ON THE AFORESAID RIGHT OF WAY MAP; THENCE DEPARTING SAID WEST LINE RUN SOUTH 89°35'55" EAST AND CONTINUE ALONG SAID CENTERLINE A DISTANCE OF 369.02 FEET TO POINT ON A NORTHERLY EXTENSION OF THE WEST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 274, PAGE 2429 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AS SHOWN ON SAID RIGHT OF WAY MAP; THENCE DEPARTING SAID CENTERLINE OF SURVEY RUN SOUTH 00007'50" EAST ALONG SAID NORTHERLY EXTENSION A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT OF WAY LINE OF MIDWAY ROAD AS SHOWN ON SAID RIGHT OF WAY MAP FOR A POINT OF BEGINNING; THENCE DEPARTING SAID WEST LINE RUN SOUTH 89035'55" EAST ALONG SAID EXISTING RIGHT OF WAY LINE A DISTANCE OF 114.50 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL ALSO BEING THE EXISTING WEST RIGHT OF WAY LINE OF WEST VIRGINIA DRIVE AS SHOWN ON SAID RIGHT OF WAY MAP; THENCE DEPARTING SAID EXISTING SOUTHERLY RIGHT OF WAY LINE RUN SOUTH 00007'50" EAST ALONG SAID EAST LINE A DISTANCE OF 68.29 FEET; THENCE DEPARTING SAID EAST LINE RUN SOUTH 89°56'10" WEST A DISTANCE OF 114.50 FEET TO A POINT ON THE WEST LINE OF THE AFORESAID PARCEL; THENCE RUN NORTH 00007'50" WEST ALONG SAID WEST LINE A DISTANCE OF 69.22 FEET TO THE POINT OF BEGINNING. CONTAINING 7873 SQUARE FEET, MORE OR LESS. This legal description prepared under the direction of: John J. Campbell, Jr. Florida Registered Surveyor and Mapper No. 5522 Lochrane Engineering, Inc., LB 2856 Packet Pg. 296 9.A.b *VA :II:111101- y SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES 0 3 m T CO) O N Lo a+ u ftif L 0 U r c m E t v cv r r Q Packet Pg. 297 9.A.b EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS 0 3 m T CO) O N Lo a+ u ftif L 0 U r c m E t v cv r r Q Packet Pg. 298 9.A.b EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 0 3 m T CO) O N Lo a+ u ftif L 0 U r c m E t v cv r r Q Packet Pg. 299 9.A.b EXHIBIT"E" POLICIES OF INSURANCE 0 3 m T CO) O N Lo a+ u ftif L 0 U r c m E t v cv r r Q Packet Pg. 300 9.A.b EXHIBIT F This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 PROJECT NAME: Midway Road Improvements FROM: South 25th Street to Selvitz Road Parcel No: No.108HARLESS Tax I.D. #: 3403-502-0174-0007 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made this day of , 2013, by RAYMOND L. and PAMELA G. HARLESS, whose address is 3171 W. Midway Road, Fort Pierce, Florida 34981, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 hereinafter referred to as GRANTEE. WITNESSETH That the Grantor, for and in consideration of One ($1.00) Dollar and other good and valuable consideration do(es) hereby give, grant, bargain and release to Grantee, its agents, assigns, contractors and sub- contractors, a temporary construction easement to enter upon the lands described below for the purposes of the demolition and removal of the south wall and remaining structural improvements of the house located on the property located directly to the south of the lands described herein as well as the screen room attached to said house and the concrete slabs associated with both the house and screen room. This certain lands owned by the Grantor being described as follows: SEE ATTACHED EXHIBIT "A" NOW, THEREFORE, the Grantor and Grantee hereby agree that Grantee and/or its duly authorized representative(s) shall have the right to enter upon the Grantor's property as shown on the attached Exhibit "A" for the purposes set forth herein.. This Temporary Construction Easement shall expire 60 days after the notice to proceed for construction of Midway Road. Notwithstanding the foregoing, the Grantee and its duly authorized representative(s) shall restore, re -grade and sod the lands within the area of this easement to a grade consistent with and in conformance with adjoining lands. Packet Pg. 301 9.A.b IN WITNESS WHEREOF, the undersigned Grantor has hereunto set his hand and seal this _ day of 2013. Signed, sealed, and delivered in our presence as witnesses: WITNESS (for both) (Print Name) WITNESS (for both) (Print Name) STATE OF FLORIDA COUNTY OF ST. LUCIE RAYMOND L. HARLESS PAMELA G. HARLESS On this day of , 2013 before me, the undersigned notary public, personally appeared RAYMOND L. HARLESS and PAMELA L. HARLESS, personally known to me to be the person who subscribed to the foregoing instrument or who has produced , as identification, and acknowledged that he/she/they executed the same on behalf of said corporation and that he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Name (Print): Commission No.: My Commission Expires: Packet Pg. 302 9.A.b EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT (PARCEL 108) AN EASEMENT FOR TEMPORARY CONSTRUCTION PURPOSES OVER, UNDER AND ACROSS A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 274, PAGE 2429 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PARCEL ALSO BEING A PORTION OF LOT 99 OF WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID TEMPORARY CONSTRUCTION EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A RAILROAD SPIKE IN ASPHALT CUT-OUT MARKING THE NORTHWEST CORNER OF THE NORTHWEST 114 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE RUN SOUTH 00009'07" EAST ALONG THE WEST LINE OF SAID NORTHWEST 114 A DISTANCE OF 2623.28 FEET TO A POINT ON THE CENTERLINE OF SURVEY OF MIDWAY ROAD AS SHOWN ON ST. LUCIE COUNTY RIGHT-OF-WAY MAP, COUNTY JOB NUMBER 0618; THENCE SOUTH 81'31'28" EAST ALONG SAID CENTERLINE OF SURVEY A DISTANCE OF 53.15 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1910.08 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE AND CONTINUE ALONG SAID CENTERLINE OF SURVEY THROUGH A CENTRAL ANGLE OF 09023'22" A DISTANCE OF 313.02 FEET TO THE POINT OF TANGENCY; THENCE NORTH 89°05'10" EAST AND CONTINUE ALONG SAID CENTERLINE OF SURVEY A DISTANCE OF 586.47 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 17,188.76 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE AND CONTINUE ALONG SAID CENTERLINE OF SURVEY THROUGH A CENTRAL ANGLE OF 01032,351, A DISTANCE OF 462.88 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89022'15" EAST AND CONTINUE ALONG SAID CENTERLINE OF SURVEY A DISTANCE OF 1219.91 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 11 4 OF SAID SECTION 5, ALSO BEING THE WEST LINE OF LOT 94 OF WHITE CITY SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 89035'55" EAST AND CONTINUE ALONG SAID CENTERLINE OF SURVEY A DISTANCE OF 369.02 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF THE PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 274, PAGE 2429 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 00°07'50" EAST ALONG SAID NORTHERLY EXTENSION A DISTANCE OI 40.00 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT OF WAY LINE OF MIDWAY ROAD; THENCE SOUTH 89035'55" EAST ALONG SAID EXISTING RIGHT OF WAY LINE A DISTANCE OF 114.50 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL ALSO BEING THE EXISTING WEST RIGHT OF WAY LINE OF WEST VIRGINIA DRIVE; THENCE SOUTH 00°07'50" EAST ALONG SAID EAST LINE A DISTANCE OF 68.29 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°07'50" EAST A DISTANCE OI 30.00 FEET; THENCE SOUTH 89'56'10" WEST DEPARTING SAID EAST LINE A DISTANCE OF 114.50 FEET TO A POINT ON THE WEST LINE OF THE AFORESAID PARCEL; THENCE NORTH 00°07'50" WEST ALONG SAID WEST LINE A DISTANCE OF 30.00 FEET; THENCE NORTH 89056'10" EAST DEPARTING SAID WEST LINE A DISTANCE OF 114.50 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 3,435 SQUARE FEET, MORE OR LESS. Prepared by: Ron Harris, PLS County Surveyor Florida Registered Surveyor and Mapper No. 4198 Packet Pg. 303 9.A.c THE1, LINE OF LOT 99 AND i *56+ 2 THE Af SINE OF96-40SPER 1J4 THE N.E. CORNER OF i I 1 SECTION $REAKanWN S.E. lid OF SEC. 5 36 + L�x F---x--- - FND. P-K N8D STAhF "CULPEPPER TERPEN) TAWEDI - MIDWAY ROAD _ ��If ---PCP Ls d2H �r g89 tD) t� I 0' RAPER S.R.D. RfW #ARI 1 1 xtsr, R!W L[NE co in I P.0 T STA. 310�p0.Dn LLI 25"E o9,0a`iF) % SUTION 94530 26O2 � 5ET P-K NOD STAMPED J *PURVEY. `- E%P i N89.56 a8 "£ 2679, i9' (F ) 659. d'1F) I _ ►a•�_• •�,6,f _. '-- N N. � j¢+ - 6&0'lP1 659.84'tfI ' w. W w O.R.B. 274. PG. 2429,,,,,—.. - N69.56`06"E ,E'.;O�NTATEANr ._ "i ce aw /-`EXI$T. RIW LINE PER a N �� �isAST 11d.S'1n) 0,R.5. 238■ PO. Bt4 fNO. -FENNY NBR 5 E 269g.35'tF) $ _ % AyE SiAMPEO AOW 1859" i i4,5n'IC! `�ti �`�"""`"" N.E. CORNER OF ' c ,i-+- r 1 (IN ASPHALT C TOUT) G1 v W E9�! � � TlA.S tF}� (0.66, s., 0. 6' E.)IF) o .. swALE srs+ srv� i U 9 srWr S0 CL STAIAKI) 'Li z856' ; cart owrr I auxr> h$ I I �._. 'owl I �0 Lo oArE o n b RAYMOND L. AND PAMELA G. HARLESS gg�� Q.R.B. 274, PG. 2429 a 98 SA L !SH ! I tr iL N 09.53128"19 1iZiF(D}tF} :�• j W N as p 1 � c f7E5.,19'R SET 5J8" 1.R.8 C. STAMPED "L8 2856" m FND. 8J4" 1.P., NO 10. ABOVE GROUND i 1 .94' S. , a.90' E- HF) �' c E WRITE CITY ' P.B. i. PG. 23 1 a Packet Pg. 304 9.A.d LAW OFFICES MCHARD D. SN-EED, JR., P. A. SU1TE 206, MAIWI Yt-KECUTTVTi CENTER 1905 So UTI4 25TH STREET FT. PIERCE, FLORIDA 34947 TE^LEPHOWF (772) 465.2330 Fax: Upon Request (772) 465-7557 E-Mail, Upon Request June 26, 2013 Sent by US Mail Janet LiCausi, Property Acquisition Agent JUN 7 2U13 St. Lucie County Property Acquisition Dept. 2300 Virginia Avenue P `110 F ,- RT Y A C Q ii, 0 f Ft. Pierce, FL 34982 Re: Harless, Raymond Parcel Id: 3403-502-0174-000/7; 3171 W. Midway Road Dear Ms. LiCausi : As you know I represent Mr. and Mrs. Raymond Harless concerning St. Lucie county's proposed take of "Property" that they live on which take includes their home. We met on June 11, 2013, together with the county attorney, the county engineer and his assistant, another member of county staff and Mr. Fuller the appraiser hired by the county. I write to you to about terms of settlement. cM I find that this proposed condemnation of the Property to have two unique aspects: The actual rl- physicality of the take, and the length of time the threatened take has persisted. N cc L As you know, Mr. and Mrs. Harless have lived for many years in the home that is located on the Property. They own property contiguous to the south of the lot their home is located on, the "South Property". As I advised you at our recent meeting, they desire to build a replacement home on the a South Property, joining it in unity of title with that portion of lot they presently live on that is not part of the Property to be taken by the county, the `'Remaining Property". cn L Family members including grandchildren live across the street from the South Property. St. Lucie county has threatened to take their home since 2006, and the county has provided Mr. and Mrs. Harless over that period of time with at least three different appraisals. 0 y Mr. and Mrs. Harless find their property and house to be taken by the county to have a fair market value of $300,000 and are willing to agreed to the take for that sum in exchange for a special = warranty deed to the property so long as: a� ® A curb cut is granted to them without cost by applicable governmental authority from Midway Road allowing access to the Remaining Property after unity of title with the South Property. is Continued ....... Packet Pg. 305 9.A.d Janet LiCausi, Property Acquisition Agent St. Lucie County Property Acquisition Dept. Harless, Raymond Parcel Id: 3403-502-0174-000/7; 3171 W. Midway Road June 26, 2013 Pag 2 ® They are not assessed or required to pay impact fees for the construction of the replacement home they build on the South Property. ® A waiver is granted to them by applicable governmental authority as to the nonconforming lot size of that portion of the property that they presently live on that is not taken (the, Remaining Property) that will be joined in unity of title with the South Property. ®That they will be given 150 days post take to remain on the Property taken to complete the construction of the new home on the South Property. The county attorney requested that I provide him with fees and cost to date. I have itemized time statements since June 5, 2006 totaling 3 1.9 5 hours of attorney time and 5.3 hours of para-legal time, at respective rates of S300 and $90 dollars per hour. Total costs incurred to date are $462.90. Very truly yours, r� La 'Offices of `� Richard D. Sneed, Jr., P.A. Richard D. Sneed, J . ftsquire 0 cc Mr, and Mr4 Raymond Harless Cn LAW OFFICES OF RICHARD D. SNEED, JR., P. A., 1905 S. 25TH ST., SUITE 200, MARDI EXECUTIVE CENTER, FT. PIERCE, FL 34947 (772) 465.2330 Packet Pg. 306 9.A.e Daniel D. Fuller, MAI , SRA 120 N. Second St. (772) 468-0787 State -Certified General Fort Pierce, FL 34950 1-800-273-7364 Real Estate Appraiser RZ567 FAW_app&ellsouth.net Fax (772) 468-1103 July 5, 2013 Daniel McIntyre, Esq. St. Lucie County Attorney 2300 Virginia Ave. Fort Pierce, FL 34982 RE: Harless property, 3171 West Midway Road, Fort Pierce, FL Dear Mr. McIntyre: As per your request, the following is my opinion of the replacement cost of the referenced real estate. The following does not represent market value and is only intended for settlement negotiations. Replacement cost was estimated using Marshall and Swift cost service. Impact and utility service connection fees are not included. My opinion totals $212,700, plus present value of $800 for the required Temporary Construction easement, totaling $213,500. If there are questions please contact me at your convenience. Sincerely, Daniel D. Fuller, MAI State -Certified General Real Estate Appraiser RZ567 Packet Pg. 307