Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet 04-03-07
April S, 2007 6100 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA 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 PDAtS 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: 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 are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard 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 aSRs anyone wishing to speaR 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 aSR for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have bacRup 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 allotted at the beginning of each meeting of 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 at 6:00 P.M. and on the second and fourth Tuesdays 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 worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worRshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOAaD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us Chris Craft, Chairman Joseph E. Smith, Vice Chairman Doug Coward Paula A. Lewis Charles Grande District No. S District No. I District NO.2 District No. J District No.4 April J, 2007 6100 P.M. Invocation Pledge of Allegiance I. e e,\ MINUTES ~~V\ é{t),O Approve the minutes from the March 27, 2007 meeting. 2. J PROCLAMATIONS/PRESENTATIONS \()fó~. A. Resolution No. 07-113 - Proclaiming April 2, 2007, through April 8, 2007, as ·PUBLlC HEALTH ~V~ 1)..-0 WEEK- in St. Lucie County, Florida - Consider staff recommendation to adopt Resolution No. 07-113 as drafted. J. GENERAL PUBLIC COMMENT CONSENT AGENDA j/' g- P u / / e c{ _l:/ ~5e!}J~#l:~jfl1~ " GROWTH MANAGEMENT MO+\vÌ\ t·ü (ICI' ri",\,c:.la)J\~ \~ ).()r.n 0. t~ :00 p~lr\ Ov ';15 51:-"" i ,cr.tljrv Petition of Mission We.t, LLC for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/ac)~(, I Zoning District to the PUD (Planned Unit Development - Mission OaRs Subdivision) Zoning District andJu..Lvdc.. Preliminary Planned Unit Development Approval for the project to be Rnown as Mission OaRs Subdivision - PUD for 8.59 acres of property located on east side of Johnston Road, approximately 0.09 miles north of Angle Road - Draft Resolution No. 07-053 - Consider staff recommendation to approve Draft Resolution No. 07-053, subject to 9 limiting conditions. 5B. (,',COUNTY AnORNEY ~hU)1 h) II'Llt,cL...- ~Y,i' \1 I 6(.'{I¡,( 1)·\ ICll \C{t¡ ,:;¡(YI(,,,()S ý!fUH (d('~f<> ) \ "Ordinance No. 07-010 (Animal Registration) - Establishing Änimal and Breeder Registration Requiremeritis - Consider staff recommendation to adopt proposed Ordinance No. 07-010, as drafted. 4. SA. 11' " r''(1 r) i 6. t J I "-C'7 END OF PUBLIC HEARINGS -"9 COUNTY AnORNEY Resolution No. 07-077 - Establishing a Fee Schedule for Animal and Breeder Registration - Consider staff recommendation to adopt proposed Resolution No. 07-077 as presented. Staff further recommends that the Board review the success of the registration program and the fee schedule on or before August 1, 2008. Regular Agenda April J, 2007 Page Two 7. ~OIPil' ;'~Sl u}\ e'O¡ '( L,j' ¡rye{ .~ " ü( --t~; s (kin oJ +1\ c... I; ([i 'I í COUNTY AnORNEY rZ%;:;~,i\~,,~~ ~~,('" k (.\ 1'_' ( ()Y'j(J (}f\((rf):)(!<_,/t ¡)I{ Development Agreement with Geoplašma - Consider staff recommendation to approve the Agreement and authorize the Chairman to sign the Agreement. c! /1i 8. .) COUNTY AnORNEY h{l~ Trauma Care MSTU - Staff recommends that the Board: ,"u"11 Determine whether to adopt Resolution No. 07-094 directing the Supervisor of Elections to place the 1~ question of creating a County-wide MSTU for trauma care services on the June 12, 2007 special election ballot, subject to receipt of a signed agreement from Lawnwood agreeing to pay all of the costs of the June 12, 2007 special election. 2. Determine whether to authorize staff to advertise a public hearing on whether to adopt Resolution No. 07-093 for June 19, 2007 at 6:00 p.m. or as soon thereafter as the item may be heard. ·--- ,« ""~,=~"""~ '~~-'--' ,,_. . ''"''1.'. ' CONSENT AGENDA ,-", ~.",~~ .~ ~" ~~"=<"=".""""'" I. WARRANTS Approve warrant list No. 26 2. COUNTY ATTORNEY A. Extension of Declaration of State of Local Emergency - Indian River Drive - Consider staff recommendation to approve the Declaration and authorize the Public Safety Director to sign the Declaration. B. Resolution No. 07-111 - Extending State of Local Emergency - Ban on Open Air Burning in St. Lucie County - Consider staff recommendation to approve Resolution No. 07-111 and authorize the Chairman to sign. C. Resolution No. 07-115 - Urging Congress, the Florida Legislature and the Governor to oppose House Bill 529 which eliminates local government authority to require franchises, licenses or any other form of agreement from any provider of communication or telecommunication services; including but not limited to cable and video service providers using the public right of way - consider staff recommendation to adopt Resolution No. 07-115 as drafted. J. ADMINISTRATION/MEDIA Budget Amendment No. 07-051 and Equipment Request No. 07-319 totaling $22,000 for Upgrades to the SLCTV Production Control Room - Consider staff recommendation to approve Budget Amendment No. 07- 051 and Transferring $22,000 from the General Fund Contingency to the Machinery and Equipment account noted above and approval of Equipment Request No. 07-319 for Upgrades to the SLCTV Produdion Control Room. 4. SUPERVISOR OF ELECTIONS J Resolution No. 07-110 which would Amend Resolution No. 06-209 by subdividing Election Precind 22 and fv-/~eating Election Precinct 66 and Further by changing the polling locations for Election Precincts 25, 43, 64, / ~nd 86 - The Supervisor of Elections recommends that the Board of County Commissioners adopt proposed Resolution No. 07-110 as drafted. 5. PURCHASING A. Second Amendment to Contract C06-0S-346 with Snappy Auto Care, Inc. - Consider staff recommendation to approve the Second Amendment to Contract C06-05-346 with Snappy Auto Care, Inc. for Maintenance Services for cars and picRup trucRs and authorize the Chairman to sign the Amendment as prepared by the County Attorney. B. Permission to negotiate fees with Engineering firms short listed from Request For Qualifications #07- 032, and if negotiations are successful, award continuing contracts to those firms to perform Engineering services for the St. Lucie County International Airport - Consider staff recommendation to approve to negotiate fees with Engineering firms short listed from Request For Qualifications #07-032; to award continuing contracts to those firms where negotiations are successful to perform Engineering services for the St. Lucie County International Airport, and authorization for the Chairman to sign the contract as prepared by the County Attorney. C. Second Amendment to Contract C04-02-101 with Blue Water Marine for the construction of Fishing Pier and Crabbing DoeRs - Consider staff recommendation to approve the Second Amendment to Contract C04-02-101 with Blue Water Marine exercising the second one-year renewal option, allow the 5% increase, and permit the Chairman to sign the Amendment as prepared by the County Attorney. D. Permission to advertise and issue; 1) A Request for Qualifications to pre-qualify a short list of contractors who will be eligible to bid to perform the construction of the new Emergency Operations Center. 2) Issue the Invitation to Bid to the pre-qualified contractors. Consent Agenda April J, 2007 Page Two 6. GRANTS A. Approve an amendment to Contract C05-11-588 to increase a grant award by $24,500. The initial grant, from the Florida Division of Forestry, was for $100,000 for removal of exotic plants from Vitolo ParR and to replant the area with native vegetation. The additional funds will be utilized to expand the exotic removal and re-planting area - Consider staff recommendation to approve the amendment to the contract. B. Approve the submittal of a grant application to the Florida Department of Transportation Safe Routes to School Program for funding to design, permit, and construct a sidewalR adjacent to Weatherbee Road from the Savannas Recreation Area to Sunrise Boulevard. Also, to provide safer passage from the Indian River Estates subdivision to Weatherbee Elementary, the sidewalR will have north/south extensions to Indian River Estates along Buchanan Drive and Sunset Boulevard. The estimated project cost is $2,100,000. However, this figure is only approximate at this time and will be refined when design and engineering are completed. The grant does not require a match. The Board is also as Red to approve acceptance of the grant if funding is awarded - Consider staff recommendation to approve the submittal of the grant application to the Florida Department of Transportation Safe Routes To School Program and the acceptance of the grant if funding is awarded. 7. CENTRAL SERVICES David BrooRs Enterprises, Inc. - Contract No. C05-12-636 - Construction of the New ClerR of Court Building - Change Order No. 10 - Consider staff recommendation to approve Change Order No. 10 to C05-12-636, David BrooRs Enterprises, incorporating the changes to the contract and increasing the contract sum an additional $140,938.00. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. I. INVESTMENT FOR THE FUTURE Atlantic Painting & Sandblasting / Waterproofing of State Attorney's Office-Empire I - Approval to reallocate $900.00 from Central Services Project Reserves, amount needed to maRe available $74,900.00, total cost approved to accomplish this worR through Bid No. 07-010 - Consider staff recommendation to approve the reallocation of $900.00 from Central Services Project Reserves, amount needed to maRe available $74,900.00, total cost for Atlantic Painting & Sandblasting waterproofing project for the State Attorney's Office-Empire I. 9. UTILITIES Staff requests approval of Change Order No.5 with Danella Companies, Inc. for construction services related to the Midway Road Water Main Extension project in the amount of $27,984.35 and an extension of 60 days to the contract - Consider staff recommendation to approve Change Order No. 5 with Danella Companies, Inc. for construction services related to the Midway Road Water Main Extension project in the amount of $27,984.35 and an extension of 60 days to the contract. -_~íilr ,~= ~, 'þ'~"~ . 111m "' -=<.~," I ,-- ANNOUNCEMENTS April J, 2007 ~ }"'=ÛI V"""· , SIT'~'"' ~- ' lr 1. The Board of County Commissioners and the City of Port St. Lucie will hold a Joint Meeting on Utilities on Thursday, April 5, 2007 at 3:15 p.m. at the Port St. Lucie Community Center. 2. Learn about UWater in the Urban Environment" during St Lucie County's Annual Ag Tour! On Friday, April 20, 2007, the St. Lucie County Agricultural Extension Advisory Council presents their Annual St. Lucie County Ag Tour. Collaborating agencies include USDA, University of Florida Indian River Research & Education Center, South Florida Water Management District, and the St Lucie West Services District. Our theme is UWater in the Urban Environment." We invite you to experience this exciting and educational event as we tour locations which highlight one of St. Lucie County's most precious resources: Water. 3. The St. Lucie County Veterans Services Department and the United Veterans will hold the 16th annual United Veterans Golf Classic on April 21, 2007 at Fairwinds Golf Course. For more information contact Veterans Services at 337-5670. 4. The St. Lucie County Master Gardeners are holding their USpring Into Gardening Festival" on Saturday, April 28, 2007 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension Office on Picos Road. For more information contact the Extension Office at 462-1660. 5. The Board of County Commissioners will hold a WorRshop on Homeland Security on Monday, April 30, 2007 at 2:00 p.rn. in the County Commission Chambers. 6. The Board of County Commissioners will hold a WorRshop with the St. Lucie County Fair Association on Friday, May 23, 2007 at 9:00 a.m. in the County Commission Chambers. 7. The Board of County Commissioners and the City of Fort Pierce will hold a Joint Budget meeting on Thursday, May 24, 2007 from 2:00 p.m. to 5:00 p.m. at the City of Fort Pierce Commission Chamber. 8. The Board of County Commissioners Budget WorRshops will begin Thursday, July 19, 2007 and run through Wednesday, July 25, 2007. 9. The July 10th Regular Board of County Commissioners Meeting and the July 17th Regular Board of County Commissioners meeting have been canceled due to lacR of quorum. Three Commissioners will be attending the Airport Conference on July 10th and three Commissioners will be attending the National Association of Counties (NACO) Conference on July 17th. 10. The Board of County Commissioners will hold a Budget Millage Adoption Meeting on July 31, 2007 at 9:00 a.m. in the County Commission Chambers. 11. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 6, 2007 at 6:00 p.m. 12. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 13, 2007 at 6:00 p.m. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings 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 the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 27,2007 Convened: 3 :00 p.m. Adjourned: 10:30 p.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Charles Grande, Doug Coward Others Present: Faye Outlaw, Asst. County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Beth Ryder, Community Services Director, Neil Appel, Purchasing Director, Roger Shinn, Central Services Director, Diana Lewis, Airport Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting held March 20,2007, and; upon roll call, motion carried unanimously. 2. PROCLAMA TIONSIPRESENT AnON None 3. GENERAL PUBLIC COMMENTS Mr. Edward McIntosh, representing the Property Tax Grass Roots Organization, addressed the Board in opposition to the proposed Trauma Center at Lawnwood Hospital. Mr. John Fitzpatrick, 3920 N. A-1-A addressed the Board in opposition to the Trauma Center and also in opposition to the taxpayers paying $ 7 million dollars for the center. Ms. Pamela Hammer, P & Z member addressed the Board regarding item C2B and the request to accept a fee in lieu of constructing sidewalks in the area and also expressed her concerns with taxpayers paying for a portion of the cost for the Trauma Center. The Asst. County Attorney advised Ms. Hammer it was not physically possible to construct sidewalks in the Kings Highway Industrial Park area. Mr. Vernon Smith, 3150 N. A-1-A addressed the Board in favor of the Trauma Center and advised them a plan would be presented within the next week. 4. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda to include the additions and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 25. 2. COUNTY ATTORNEY A. Extension of Declaration of State of Local Emergency- Indian River Drive- The Board approved the Declaration and authorized the Public Safety Director to sign the Declaration. 1 0.3/23/07 Jõ''''~WARR FUND 001 001159 001164 001167 001172 001177 001180 001181 001182 001282 001404 001411 001412 001418 001419 001423 001424 001814 101 101001 101002 101003 101004 1"1006 108 ..L\J2 102001 105 107 107001 107002 107003 107006 107150 107204 109 129 130 130203 140 140001 140339 150 160 170 183 183001 183004 ST. LUCIE COUNTY - BOARD WARRANT LIST #25- 17-MAR-2007 TO 23-MAR-2007 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY 04 USDOJ Violence Against Women Grant FTA Section 5303 Grant FY 05 CDBG Grant FY 05 Section 112/MPO/FHWA/Planning 2006 US Dept Housing HOD Shelter Plus Gr FTA Section 5307 Operating & Capita CSBG Grant FY07 FDOT Transit Services Marketing Pln 05 CDBG Sup Disaster Recovery Trip Grant FY 07 CTD Medicaid Non-Emrg Grant FY 07 FDCA EMPA FY07 FDCA-Construct County EOC DCA-Construction Mitigation Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FHWA/FDOT County Rds-H. Frances 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 FDLE Edward Byrne Mem JAG 2007 Crim FL Dept Juvenile Justice-DMC Civil Drug Abus e Fund Parks MSTU Fund SLC Public Transit MSTU FDOT-Fixed Route Grant Port & Airport Fund Port Fund Drainage Improvements #407701 Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court EXPENSES 266,424.03 18,011.00 12.56 10,306.69 4,148.79 1,329.68 5,878.43 0.00 14,981. 53 9,547.50 93.35 42,164.40 52,537.00 3,022.17 73,440.84 300.00 1,828.57 107.91 5,068.67 4,008.00 42,592.02 5,838.23 18,815.50 78,502.20 36,553.40 53,777.63 27,534.67 2,378.10 96,258.59 77.57 164.50 27,116.06 14,274.20 9,697.45 116.71 5,364.70 366,543.00 57,380.67 1,983.08 38,478.10 1,345.51 500.00 153.76 1,936.05 89,210.60 5,779.23 1,805.44 308.87 PAGE PAYROLL 657,363.11 0.00 167.60 224.25 0.00 6,981.51 0.00 861. 06 2,583.25 0.00 1,325.46 0.00 0.00 0.00 0.00 0.00 1,300.80 1,391. 91 45,195.84 0.00 39,389.22 35,624.42 18,084.95 0.00 0.00 86,714.87 6,349.74 0.00 128,263.43 1,019.04 2,172.83 0.00 7,830.51 0.00 1,507.10 0.00 0.00 7,824.04 0.00 13,688.17 0.00 0.00 2,130.40 3,268.96 0.00 0.00 0.00 2,804.05 1 ,03/23/07 F7.ABWARR FUND 183006 184209 184211 185005 185006 185007 185008 204 310002 316 316301 401 418 451 458 461 471 478 479 491 505 505001 611 E''-5 ,-_J. ST. LUCIE COUNTY - BOARD WARRANT LIST #25- 17-MAR-2007 TO 23-MAR-2007 FUND SUMMARY TITLE Guardian Ad Litem Fund FDEP - Fort pierce Shore Protection FDEP South SLC Beach Restoration FHFA SHIP FY04/05 FHFA SHIP FY05/06 FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Communication System I&S Fund Impact Fees-Parks County Capital FDOT Inter.modal Improvements Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Diet-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Economic Development Trust Fund Bank Fund GRAND TOTAL: EXPENSES 656.34 1,812,000.00 12,761. 65 5,060.00 17,400.00 74.89 405,042.17 844,475.00 12,777.10 307,469.90 4,204.33 117,982.63 16,984.42 1,348.03 39.70 20,285.81 5,160.48 63.92 7,848.70 4,989.19 138,606.30 12,100.21 15,628.15 26,002.02 25,000.00 274,177.23 5,585,835.13 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 1,021. 01 2,987.07 0.00 0.00 0.00 0.00 62,662.92 23,066.96 2,807.25 539.53 22,306.86 7,955.54 868.32 1,452.00 64,276.90 5,858.46 0.00 1,482.95 0.00 0.00 0.00 1,271,352.29 2 B. Agreement with MRJ Properties, LLC to Pay Fee in Lieu of Constructing Concrete Sidewalks- The Board approved the Fee in Lieu of Construction Agreement with MRJ Properties and authorized the Chairman to sign. C. Resolution No. 07-104- Extending State of Local Emergency - Ban Open Air Burning in St. Lucie County - The Board approved Resolution No. 07-104, and authorized the Chairman to sign. D. Resolutions honoring four individuals who have been chosen for their positive impact on the Treasure Coast and representing St. Lucie County as young African Americans "Making a Difference in our Community" - The Board approved adopting Resolutions No, 07-100, No. 07-0101, No. 07-102, and No. 07-103 as drafted. E. Residential Construction Mitigation Grant- Interlocal Agreement with Ft. Pierce housing Authority to Provide Hurricane Barriers for Senior Housing- The Board approved the proposed Interlocal Agreement with the Ft. Pierce Housing Authority, and authorized the Chairman to sign the agreement. F. Water, Wastewater and Reclaimed Water Operation and Maintenance Agreement- The Board approved the Agreement and authorized the Chairman to sign the Agreement. 3. SOLID WASTE CDM proposal for professional engineering services to assist St. Lucie County staff with their continuing effort in the procurement/implementation activities for Plasma Arc Gasification technology at the St. Lucie County Baling and Recycling Facility for a not to exceed amount of $250,000. - The Board approved the CDM proposal for professional engineering services to assist St. Lucie County staff. 4. PUBLIC WORKS A. Engineering Division- Change Order No.6 to contract with Dickerson Florida- SR 615S. 25th St. - The Board approved Change Order No. 6 to the contract with Dickerson Florida, Inc.. for SR 615 s. 25th St. Roadway widening (Midway Road-Edwards Road) in the amount of$463,711.49 to modify project quantities and signalization and will require an additional 7 days, the Board also authorized the Chairman to sign. B. Engineering Division- Amendment No.1 to contract 06-11-752 with Ranger Construction for the construction of the Indian River Drive- Emergency Repairs project- The Board approved Amendment No.1 and authorized the Chairman to sign the amendment. C. Engineering Division- The Board approved accepting the project and making Final Payment in the amount of $182,034.28 to Ranger Construction, Inc., for the construction of Indian River Drive emergency repairs project formally known as 12661 Indian River Drive. D. Time Extension- The Board approved the time extension through June 30, 2007 for Work Authorization No.9 with Hazen and Sawyer Engineers & Scientists, Inc., for the Lake Management Plan for the Lakewood Park Subdivision. E. Engineering Division- The Board approved the agreement with Ardaman & Associates, Inc., for professional engineering services, specifically geotechnical and construction materials testing services for the Indian River Estates Potable Water MSBU project on an as needed basis, utilizing the attached unit fee schedule and continuing services contract, in the amount not to exceed $21,000.00. 2 F. Award of Construction Contract- The Board approved the waiver of formal bidding process and emergency award of construction contract with Sheltra & Son Construction Co., Inc., and project budget in the amount of $185,406.00 for removal of Port Dredging spoil site. 5. INVESTMENT FOR THE FUTURE A. Engineering Division- Work authorization No.1 with LBFH Inc., for Construction Engineering and Inspection Services for the Prima Vista Blvd. Reconstruction- The Board approved Work Authorization No.1 with LBFH Inc., for Construction Engineering and Inspection Services for the Prima Vista Blvd., Reconstruction-Rio Mar Drive to U.S. 1 project in the amount of $245,142.86. B. Engineering Division- Work Authorization No. 2- The Board approved Work Authorization No.2 with Dunkelberger Engineering and Testing for Construction Materials Testing for the Prima Vista Blvd., Reconstruction - Rio Mar Drive to U.S 1 project in an amount of$25,000.00. 6. ENVIRONMENTAL RESOURCES A. Budget Amendment BA 07-046 and approval of revised Equipment Request Number EQ07-060- The Board approved Budget Amendment BA07-046 and revised EQ 07-060 for the purchase of a Skid Steer transferring $26,000 to 001-3920-564000-300 (General Fund-Environmental Lands- Machinery and Equipment and from 001-3920-562000-3112. B. Second Amendment to Agreement C06-05-362- The Board approved the Second Amendment to Agreement C06-05-362 with Glatting Jackson Kercher Angllin Lopez and Rinehart for the preparation of a Bicycle Pedestrian Greenways and Trails Maser Plan and authorized the chair to sign the Agreement as prepared by the County Attorney's office. C. Tree Preservation Easement for Timothy and Debra Thomas- The Board approved the Tree Preservation Agreement for Timothy and Debra Thomas and authorized the Chairman to sign. D. Budget Amendment BA07-048 and Equipment Request EQ 07-318- The Board approved Budget Amendment BA07-048 and EQ 07-318 for the purchase of a 4x4 Backhoe to assist in the operation of the department. 7. TOURISM MEDIA RELATION Tourist Development Council recommends denial of the Special Event Grant Application for the Florida Hobbyist Association 42nd Annual POW WOW to be held March 230-25 at the Savannas Recreation Area in Ft. Pierce- The Board denied the Special Event Grant Application in the amount of $2,000. 8. COM MUNITY SERVICES A. FY 2006/2007 community Services Block Grant Modification of Agreement with Florida Department of Community Affairs and Budget Resolution No. 07-105- The Board approved the Community Service Block Grant Modification Agreement with the Florida Department of Community Affairs and approved Budget Resolution No. 07-105 and authorized the Chairman to sign all the documents. B. The Board approved the application for the State FY 07/08 TripÆquipment Grant with the Commission for the Transportation Disadvantaged for trips for our transportation disadvantaged citizens and approved Resolution No. 07-095 and authorized the Chairman to sign. 3 C. State FY 07/08 Shirley Conroy Rural Capital Assistance Support Grant - The Board approved the application and contract for the grant, accepted the grant and authorized the Chairman to sign and approved Resolution No. 07-096. 9. PARKS AND RECREATION A. Termination of Florida Coast Professional Baseball School's existing Agreement and approval of new Agreement- The Board approved the termination of Florida coast Professional Sport Camp, Inc., D/B/A Florida Coast existing Agreement (COO-12-175) and approved the new Agreement as drafted by the County Attorney and authorized the Chairman to sign. B. Donation Acceptance/Fish Cleaning Station/Stan Blum Boat Ramp- The Board approved accepting the $250.00 donation from Tropical Energy System Inc., D/B/A Tradewind Solar. - The funds will be credited toward the cost of the fish cleaning station that the County is currently constructing at the Stan Blum Boat Ramp. 10. COURT ADMINISTRATION A. Reclassification- The board approved the reclassification of the Teen Court program's Senior Staff Assistant to a Case manager. B. Acting as the Fiscal Agent for the 19th Judicial Circuit Court- The Board approved funding expenditure in the amount in the amount of $32,563.45 approved by the Indian River County Board of Count Commission on march 20, 2007. 11. SHERIFF'S OFFICE Budget Amendment in the amount of $260,789.00- The Board approved the Sheriffs request for budget amendment to increase the budget $260,789.00 for the purchase of replacement vehicles. 12. AIRPORT PBS&J Work Authorization for Florida Department of Transportation Pavement Condition Index Inspection for the lump sum amount of $8,649.00- The Board approved the PBS&J Work Authorization for Pavement Condition Index Inspection for a lump sum amount of $8,649.00 and authorized the Chairman or designee to execute the same. 13. INFORMATION TECHNOLOGY Renewal of annual maintenance- The Board approved the request to renew the annual maintenance and approved the Board to sign the contract between St. Lucie count and R&S Integrated Products in the amount of $28,088.00 for the laserfiche project. 14. PURCHASING Award ofInvitation to Bid No. 07-025- The Board approved awarding Bid No, 07-025 Special Needs Shelter and Auditorium to the lowest responsive, responsible, bidder, Dooley Mack Constructors of South Florida, LLC for the amount of$12,720,633. and authorized the Chairman to sign the Amendment as prepared by the County Attorney. ADDITION TO CONSENT Human Resources- The Board approved hiring above the Mid-range in the stated circumstance for the positions submitted by the Human Resources office. REGULAR AGENDA 4 5. GROWTH MANAGEMENT (0:53:55.2) A public hearing to consider the adoption of proposed comprehensive Plan Amendment Cycle 2007-012 (current Department of Community Affairs file No. DCA 06-02, St Lucie County) which includes the following two items to be heard as one public hearing. Item # 1- Ordinance No. 07-007 An Ordinance of St. Lucie County Florida to amend the St. Lucie County Comprehensive Plan, Transportation Element, replacing Objective 2.71 and policy 2.1.1.1 with a new objective and policy to include the Airport Master Plan as part of the Transportation Element of the St. Lucie County Comprehensive Plan and to specifically include the August 2002 adopted Airport Master Plan and to incorporate the adopted Airport Master Plan into the Comprehensive Plan by reference, and deleting the present Objective 2.7.1 and Policies 2.7.1.1, 2.7.1.2 and 2.7.1..3. Item # 2 Ordinance No. 07-008 A Ordinance of St. Lucie County Florida to Change the Future Land Use designation on approximately 9.44 acres from Commercial to Mixed Use Development, Medium Intensity-Grande Beach by adopting new Figure 1-7K amending the MXD policies Future Land Use Map Series and provide for sub area policies within the new Grande Beach Mixed Use Sub Area. Consider staff recommendation to adopt St. Lucie County Plan Amendment Cycle 2007- 1 consisting of Ordnance No. 07-007 and 07-008 and authorize transmittal of the adopted amendments to the Department of Community Mfairs. Item # 1- Airport Master Plan Mr. Paul Schall, area property owner addressed the Board and requested information on the changes that would be taking place in the area and the affect on the neighboring properties. The Growth Management Director stated: This was amendment cycle # 1 for the year. 1). The amendment incorporates the already adopted Airport Master Plan into the Comprehensive Plan. It required amendment for the Maser Plan to go through Federal requirements. 2). It adds the Comp Plan amendment process where it is scrutinized by the public and the state. 3) It also exempts major projects in the Airport Master Plan from having to apply as a Development of Regional Impact. Item # 2 The Growth Management Director reviewed Ordinance No. 07-008. An Ordinance of the Board of County Commissioners ofSt. Lucie County, Florida, changing the Future Land Use Map Designation of the St. Lucie County Comprehensive Plan from Commercial to Mixed Use Development (MXD - Grande Beach, Medium Intensity) for certain property on North Hutchinson Island in the unincorporated area of St. Lucie County, Florida; authorizing Text Amendment to the Future Land Use Element of the St. Lucie County Comprehensive Plan which provide Sub-Area Policies relating to residential and non-residential development of the Grande Beach Medium Intensity Mixed Use Area; amending Policy 1.1.7.3 of the St. Lucie County Comprehensive Plan to add Figure 107K, Grande Beach Medium Intensity Mixed Use Area; providing for Findings of Consistency; authorizing Amendments to the Future Land Use Map of the St. Lucie County Comprehensive Plan; providing for Conflicting Provisions; providing for 5 Severability; providing for Applicability; providing for filing with the Florida Department of State; providing for filing with the Florida Department of Community Affairs; providing for an Effective Date; and providing for Adoption WHEREAS, the Board of county Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Grande Beach North Hutchinson Island, LLC., presented a petition for a change in Future Land Use Designation from COM to Mixed Use Development (MXD - Grande Beach, Medium Intensity with included Sub-Area Policies as listed below: Residential land uses will be limited to a maximum of 78 dwelling(multifamily) units. The maximum 40% residential threshold set forth in Section 07.03.03.A of the St. Lucie County Land Development Code will not be applicable to development on this site. The minimum non-residential square footage permitted is 10,000 square feet and the maximum non-residential square footage permitted is 14,000 square feet. The non-residential component of the project shall be integrated into the overall site design through architecture, vertical/horizontal integration of uses, building materials, cooler and street orientation. A designated transit stop shall be provided within the development. No industrial use will be permitted within the development. The Planning and Zoning Board recommended that the Board approve the change in Future Land Use Designation as modified from Commercial to Mixed Use Development Low Intensity instead of Medium Intensity. On September 19, 2006 the Board held a public hearing for transmittal of the Comprehensive Plan Amendment to the Department of Community Affairs, after publishing a notice in the Ft. Pierce Tribune at lease 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. On September 19,2006 the Board authorized the transmittal of this petition to the Florida Department of Community Affairs for further agency review in accordance with the provision of Chapter 163, Florida Statutes. On December 1, 2006 the Department of Community Affairs advised the Board that it had no objections to the proposed amendment package; and On March 5, 2007 the Board held a public hearing on the adoption after publishing a notice in the Ft. Pierce Tribune of such hearing at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. Mr. Bobby Klein, Klein and Dobbins on behalf of the Grande-Beach Hutchinson Island addressed the Board on this item and the fact DCA was comfortable with the product. He advised the Board of the changes the applicant had made to the plan since the September hearing. They have reduced the number of units to 78, building number 7 which was an issue of discussion was reduced to 8 units and moved 35 feet farther to the North of Mr. Emery's property and also it will stand as a two story closer to Mr. Emery and then increase in height away from his property. He advised the Board the immediate neighbors have had all their issues addressed and requested all matters in file be placed in the record. 6 PUBLIC COMMENTS Ms. Virginia Sherlock, Ocean Blvd., attorney for the North Beach Association, addressed the Board and stated they are opposed to the amendment as drafted because they feel this is not a mixed use project. She stated it was her opinion this would set a precedent that waives the provisions of the Land Development Code. Mr. Craig Mundt, N. A-I-A, North Beach Association, addressed the Board in opposition to what he felt was doubling the density of the site. Mr. Larry Storm, 3150 N. A-I-A, addressed the Board and stated he had sent a letter to the Board where he indicated the need for commercial in the area. Ms. Diane Andrews, 114 Queen Ann Court and the North Beach Association, addressed the Board and stated the reaction of the Department of Community Affairs did not look at the density issue of how 80 units would affect the Island. She expressed her concern with the current proposed Ordinance. Ms. Debra Agnello, 3150 N. A-I-A., addressed the Board and stated she would like to see the density lowered. Ms. Jo-Anne Lansinger, 3209 S. Lakeview Circle, addressed the Board in favor of the project and felt it would be an asset to the area. Ms. Leslie V. Savino, 3207 S. Lakeview Circle, addressed the Board and stated she was in favor of the project in the beginning and then things changed, she strongly opposes 3 story buildings. Mr. Jim Sowinski, 282 Marina Drive, addressed the Board in favor of the project. He is a member ofthe North Beach Association and stated they do not speak for himself or his wife. Ms. Joan S. Miller, 3266 Lakeshore Drive, addressed the Board and validated the comments made by Mr. Sowinski. She felt 10,000 square feet of commercial was sufficient and does not agree with the Association opposing the project. Ms. Nancy Spalding, 211 Marina Drive, addressed the Board in support of the project. Mr. Bob Emery, 220 Marina Drive, resident directly affected by the project, advised the Board with regard to building 7 all issues had been resolved. Mr. Robert Johnson, 3308 Caracal Drive, and President of the Sands Community Association, addressed the Board and stated he was in favor of the project. He also advised the Board the winter residents could not support a huge commercial venture in the area economically. Ms. Beth Williams, 203 Marina Drive, addressed the Board and stated the site presently is unsightly and she looks forward to seeing a nice project and felt the proposed commercial was adequate for the area. Mr. Michael Riordan, 213 Marina Drive, addressed the Board and submitted his comments for the record. He is opposed to the proposed residential density. Mr. Bill Medina, 3223-8 S. Lakeview Circle, addressed the Board and submitted his comments for the record. Mr. Robert Lowe, 4949 N, A-I-A # 131, addressed the Board in favor of the project. Ms. Linda Samples, 222 Marina Drive, addressed the Board and expressed her concerns with the docks and stated she would like to see lower density. 7 Mr. George Herde, 2900 N. A-I-A Apt. 30, addressed the Board and expressed his concerns with the density and the fact other developers may request the same waiver, he is in opposition to the project. Mr. Tom Babcock, 261 Marina Drive, addressed the Board in favor of the project. Mr. Bob Bum, 105 Queens Road, addressed the Board and stated it was a good project however he felt with regards to the land use being discussed this evening, he felt it did not make sense to double the density in today's Real Estate market and addressed the need for commercial space in the future. Mr. Ralph Everitt, 3150 N. A-I-A, addressed the Board in favor ofthe project. Mr. John Docktor, 3100 N. A-I-A, addressed the Board in favor of the project but felt Grande Beach should adhere to the law. Ms. Kathy Brandon, 202 Riverwalk, addressed the Board in favor of the project. Mr. Nick Pecoraro, 202 Riverwalk, addressed the Board in favor of the project. Mr. Paul Berg, 2301 Atlantic Beach Blvd., addressed the Board in position to the proposed amendment and stated the law needed to be followed. Ms. Jean Downing, 5163 N. A-1-A addressed the Board and stated she was speaking for 5 people who were members of the North Beach Association and could not present. She stated they all opposed the project and had concerns about the density. Mr. Anthony Simos, 3207 S. Lakeview Circle, addressed the Board and stated he could not understand why those living in 15 story condos would oppose 3 story building. He addressed the various commercial businesses that have closed in the area and the amount of 2 and 3 story single homes in the area. Mr. Fred Abele, 2900 N. A-1-A addressed the Board and stated it was difficult for a business to make it during the summer months on the island. Ms. Susie Caron, 8500 Indrio Road, addressed the Board and stated the P & Z Board recommended a lower density and the project needed to abide by the rules and regulations that are in place today. Mr. Bob Tabor, 4201 N. A-1-A addressed the Board and stated the island can live with the mixed use zoning but would like to see commercial space on the island available. He felt in the future the island would need more than 8-10,000 feet of commercial available. Mr. Michael Simos 3212 South Lakeview Circle, addressed the Board encouraged the Board to look at the Code and stated there were many thriving businesses on the island before the Hurricanes. Mr. Richard Donnelly, 2700 N. A-1-A addressed the Board in favor of there being something placed in the area. He is the broker for a large development in the area and those residents like the Grande Beach plan. Ms. Pam Hammer, Reserve resident, addressed the Board and stated the Board would be giving away free density credit. She felt the area could live with the mixed use and commercial plan but not at the requested density. She suggested the Board follow the Comprehensive Plan. The Asst. County Administrator advised the Board two residents could not stay for the item and wanted them to be aware of the fact they are in favor of the project. Those residents are: Richard Hagopian, 3000 N. A-1-A and Mr. Don Bukswicz, 3000 N. A-1- A. 8 Mr. Bobby Klein, attorney for applicant, advised the Board they did not have a problem with changing non-residential to commercial. Com. Coward pointed out he does not recall there being another use in mind. Mr. Klein stated he believes a PMUD has never been done and he believes this is due to the 40% rule. He believes there is some confusion with the amount of units. Com. Smith asked if the 10,000 square feet was for today or for build out of the island. Mr. Klein stated the figure was for the build out of the island. Com. Craft questioned the canal issue. Mr. Klein stated when you look at the boundaries it does not include that land, so they have not included that land as part of the PUD. The land has been discussed with the neighbors and they are working with Mr. Emery and the Sands on an agreement and the project does not have any intention of a permanent dockage. Board Comments: Com. Coward stated he felt if this project was changed they would have full support from the public. He stated there are many positive aspects of the project but would like to see them cut it back and make it compatible with everyone. He does not agree with the 9 units per acre. He does not have a problem with the 10,000 sq. ft. minimum and 14,000 square feet maximum. He believes they can come to a figure in between where he would feel a comfort level. Com. Lewis stated she was not looking at the number of units as an argument issue. It seems the residents who are directly affected are in favor of the project and she did not have a problem with the 9 units per acre. Com. Smith stated he had been a proponent of the project for some time however he would be more inclined to ask the developer to move towards lowering the intensity and see if they are willing to work with the Board. Com. Craft advised the attorney for the applicant that it is the consensus of the majority of the Board to pursue a lower intensity and asked them to take a few minutes to discuss this request. Com. Coward stated the number of residential units at this time is zero, not 85 and they need to decide whether they wish to have the Board deny this project or come back with a modification for the Board to consider. Com. Grande questioned the Board's authority to modify. The County Attorney stated the Board has the authority to place a maximum number of units but he believes they may not require a low intensity without the applicant consent. Mr. Michael Houston stated the question is about the parking and other issues and questioned if Com. Smith could give him a comfort level on the commercial. Com. Smith stated the question was how can adequate commercial be defined and what would be the new number of the Boards end and felt they should take heed to all the comments made by the Board and find the nexus to solve them. Com. Craft asked the applicant if they had come up with a number. Mr. Klein stated they were going to present to drop the residential units to 70 and agree to modify the sub area policy so that the commercial would be minimum 16,000 square feet with a maximum of20,000 square feet. 9 Com. Smith stated the increase in the commercial provides him with a comfort level and the 70 units provides a compromise and he is inclined to support this modification. Com. Grande stated the reduction from 78 to 70 units is in the right direction and he is more inclined to go with the 70 units and the 10,000 square feet for commercial however this does not mean he would approve it, he felt it was not a logical presentation. He cannot support the increase in the commercial or the combination of 70 units and 16,000 to 20,000 is too much of an intense use of the land. Com. Coward stated he was not in favor of higher density. He does agree with the increase in commercial and would prefer 5 units per acre which totals to somewhere at 64 units, 70 units is too much and would not support it. Com. Craft stated he had reservations with the commercial increase of 16,000 minimum to 20,000 maximum he believes it may be too much but it is up to the developer to make sure it works for him. Com. Lewis stated she felt it was reasonable compromise. The compromise was to approve a maximum of 70 units with a minimum of 16,000 square feet of commercial with a maximum of 20,000 square feet of commercial and change the non-residential back to commercial. Mr. Klein stated 70 was a good number, 64 units was not acceptable to the applicant. It was moved by Com. Coward, seconded by Com. Grande, to allow a maximum of 64 units with 16,000 square feet minimum of commercial and 20,000 square feet of commercial maximum and also changing back the non-residential back to commercial, and; upon roll call, the vote was as follows; Nay: Lewis, Smith Craft; Aye's: Coward, Grande, motion denied by a vote of 3 to 2. It was moved by Com. Grande, seconded by Com. Coward, to adopt the Grande Beach amendment with the following 2 changes, to reduce the medium intensity to low intensity as recommended by the local planning agency and have the non-residential go back to commercial; and the commercial numbers stay as they are originally; The applicant stated they oppose this motion. And; upon roll call, the vote was as follows: Nay's: Smith, Lewis, Craft, Aye's: Coward, Grande, motion denied by a vote of 3 to 2. It was moved by Com. Smith to approve Ordinance 07-008 with the following change, non- residential returned back to commercial, square footage of commercial a minimum of 16,000sq. ft., with a maximum of20,000 sq. ft., and units be reduced to a maximum of 70 units; seconded by Com. Lewis; Com. Coward stated he would support this if the motion maker and second would agree to add the threshold that 100% of commercial would be built out when 50% of the residential was completed. Mr. Houton recommended 50% of commercial be built when 50% of the residential was completed. Com. Coward he would compromise. And, add 50% commercial be built when 50% of the residential is completed, upon roll call, the vote was as follows: Nay: Grande, Aye's: Smith, Lewis, Coward, Craft, motion carried by a vote of 4 to 1. 10 Ordinance No. 07-007 It was moved by Com. Smith, seconded by Com. Coward, to approve Ordinance No. 07- 007, and; upon roll call, motion carried unanimously. 6. COUNTY ATTORNEY Trauma Care MSTU - Staff recommends the Board: 1. Adopt Resolution No, 07-094 directing the Supervisor of elections to place the question of creating a Count-wide MSTU for trauma care services on the June 12,2007 special election ballot, subject to receipt of signed agreement from Lawnwood agreeing to pay all of the costs for the June 12, 2007 special election. 2. Authorize staff to advertise a public hearing on whether to adopt Resolution No. 07-093 for June 19,2007 at 6:00 p.m. or as soon there after as it may be heard. This item has been pulled and has been rescheduled for April 3, 2007. 7. COUNTY ATTORNEY Resolution No. 07-106 Authorizing Resolution for Transportation Revenue Bonds- Consider staff recommendation to adopt Resolution No. 07-106 and authorize the Chairman to sign the Resolution. It was moved by Com. Smith, seconded by Com. Lewis, to approve Resolution No. 07- 106 as amended, and; upon roll call, motion carried unanimously. 8. COUNTY ATTORNEY Resolution No. 07-107- Supplemental Authorizing & Approving Issuance of Transportation Revenue Bonds- Consider staff recommendation to adopt Resolution No. 07-107 and authorize the Chairman to sign the Resolution. It was moved by Com. Grande, seconded by Com. Smith to approve Resolution No. 07- 107, and; upon roll call, motion carried unanimously. 9. ADMINISTRATION Discussion and direction on TVC staffing plan and fee schedule. The Asst. County Administrator addressed the Board's questions. She advised the Board staffs position has not changed in that they felt the TVC should be implemented through an Interlocal Agreement with the Regional Planning Council and asked the Board to approve an 18 month term agreement retroactive to Aprill, 2007 through September 30, 2008 and also provide a one year extension. Com. Grande expressed his concerns with the possible addition of staff charges and consultant costs in the future and requested the policy be reviewed. Com. Craft stated it was important that the internal schedule fee cover the cost of the application process of the TVC. No action necessary. OTHER ITEMS The Board had requested scheduling a workshop with regard to the timeline of the Stewardship program. 11 It was the consensus of the Board to schedule the workshop for April 10, 2007 at the morning meeting. Recess 3:55 p.m. Reconvened 6:00 p.m. for item # 5. Public Hearing UNAGENDAD ITEM Resolution No. 07-114 A Resolution Of The St. Lucie County Board of County Commissioners, Acting For The County and Acting for the St. Lucie County Water and Sewer District as the District board, Initiating A Chapter 164, Florida Statutes, Conflict Resolution Procedure Regarding a Utility Service Area Conflict; Providing For An Effective Date. Com. Craft asked if the Board could still meet with the City of port St. Lucie on the 5th of April as scheduled. The County Attorney stated they could meet outside of this resolution. Com. Coward expressed his concern with the fact they acted last night knowing there was an agreed upon meeting to discuss this issue. He does not believe this resolution makes it a moot point, he believes it was their action especially after the agreement. Com. Craft if this resolution could wait until they meet with the City on the 5th. Com. Lewis expressed her concern with waiting the 10 days to initiate the conflict resolution especially since they have proceeded as they did. She sees no reason to wait the 10 days. It was moved by Com. Lewis, seconded by Com. Coward to approve Resolution No. 07- 114, and; upon roll call, the vote was as follows: Com. Smith stated he had a conversation with one of the Council members and the reason the moved forward was to do their due diligence. He is hoping to hold out until the meeting before moving forward with this resolution since they do have 30 days. Aye's: Grande, Coward, Lewis, Nay: Craft, Smith, motion carried by a vote of3 to 2. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 12 .. , " AGENDA REQUEST ITEM NO. ~ A DATE: April 3, 2007 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITIED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 07-113 - Proclaiming April 2, 2007, through April 8, 2007, as "PUBLIC HEALTH WEEK" in S1. Lucie County, Florida. BACKGROUND: Ms. Arlease Hall, Community Relations Director (PIO) for the S1. Lucie County Health Department, has requested that this Board proclaim April 2, 2007, through April 8, 2007, as "Public Health Week" in S1. Lucie County, Florida. The attached Resolution No. 07-113 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 07-113 as drafted. COMMISSION ACTION: '[)4 APPROVED [] DENIED [ ] OTHER: Approved 5-0 CE: County Attorney: '~1 j.d ~ Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ~ RESOLUTION NO. 07-113 A RESOLUTION PROCLAIMING APRIL 2, 2007, THROUGH APRIL 8, 2007, AS uPUBLIC HEALTH WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Protecting the health of our community requires a public health workforce that is well prepared to respond to a wide range of public health threats. 2. Key elements of public health preparedness include regularly-exercised plans, timely access to information, clear knowledge of individual and agency roles and responsibili ties, reliable communications systems, and connecti vi ty between and among responding agencies. 3. A large scale natural or human-made disaster can occur at any time in your neighborhood, in or near your child's school, at your place of employment or as you travel for work or pleasure. 4. Some of these emergencies may force you and members of your family to make quick decisions in order to access important basic necessities like food, water, shelter and access to communication. 5. One of the many lessons learned from the past hurricane seasons and from other large catastrophic events is that their consequences will take a major toll on basic governmental services and that it may take hours or perhaps days for outside relief to ," arrive. 6. The St. Lucie County Health Department realizes that it is very important that the citizens of St. Lucie County TAKE THE FIRST STEP! Preparedness is paramount; and urges the citizens of St. Lucie County to TAKE the necessary steps to prepare themselves and their homes for emergencies and large scale disasters. 7. The St. Lucie County Health Department knows the urgency and the need to be prepared for public health emergencies - after having passed Project Public Health Ready (PHHR) litmus test. 8. The National Association of County and City Health Officials (NACCHO) and the Centers for Disease Control and Prevention (CDC) recognized St. Lucie County as one of eleven sites nationally in the United States as being "Public Health Ready". 9. Having fulfilled the accomplishment of being chosen "Public Health Ready", the St. Lucie County Heal th Department takes great pride and certainty as public health professionals, in being equipped and armed for future challenges. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim April 2, 2007, through April 8, 2007, as "PUBLIC HEALTH WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to TAKE THE FIRST STEP! Preparedness is paramount - TAKE the necessary steps to prepare yourselves and your homes for emergencies and ;4 large scale disasters. PASSED AND DULY ADOPTED this 3rd day of April, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN COUNTY ATTORNEY .. From: To: Date: Subject: THANKS Attachments: <Jim _ Gilbert@doh.state.fl.us> <m issy@co.st-Iucie.fl.us> 3/19/2007 8:35 AM FW: National Public Health Week Proclamation REVISED (USE THIS ONE) PROCLAMATION NATIONAL PUBLIC HEALTH WEEK 2007.doc cc: <Arlease_Hall@doh.state.fl.us> Missy, Can you put this proclamation on the Commissioners agenda for the week of April 2, 2007? It is National Public Health week during that period. I do not know if Connie needs to look this over. Thank you Jim (phone 4884) From: Hall, Arlease R Sent: Saturday, March 17,20077:36 PM To: Gilbert, Jim L Cc: Lee, Larry J Subject: RE: National Public Health Week Proclamation REVISED (USE THIS ONE) THANKS Oops- forgot to attach on the previous email sent. thanks Arlease Hall Community Relations Director (PIO) S1. Lucie County Health Department 5150 NW Milner Drive Port St. Lucie, FL 34983 (772) 370-1391 Blackberry Arlease _ Hall@doh.state.fl.us www.stluciecountyhealth.com/ From: Hall, Arlease R Sent: Sat 3/17/20077:33 PM To: Gilbert, Jim L Cc: Lee, Larry J Subject: National Public Health Week Proclamation REVISED (USE THIS ONE) THANKS HANKS Pa ;JA .. Jim use this one. thanks Arlease Hall Community Relations Director (PIG) S1. Lucie County Health Department 5150 NW Milner Drive Port S1. Lucie. FL 34983 (772) 370-1391 Blackberry Arlease _ Hall@doh.state.fl.us www.stluciecountyhealth.com/ HANKS Pa .doc ----....- .-..-----.-,---..--" " ---_.--~----._--_.- '------------- NATIONAL PUBLIC HEALTH WEEK APRIL 2-8, 2007 PROCLAMATION ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Whereas protecting the health of our communities requires a public health workforce that is well prepared to respond to a wide range of public health threats; Whereas key elements of public health preparedness include regularly-exercised plans, timely access to information, clear knowledge of individual and agency roles and responsibilities, reliable communications systems, and connectivity between and among responding agencies; Whereas a large scale natural or human-made disaster can occur at any time in your neighborhood, in or near your child's school, at your place of employment or as you travel for work or pleasure; Whereas some of these emergencies may force you and members of your family to make quick decisions in order to access important basic necessities like food, water, shelter and access to communication; Whereas one of the many lessons learned from the past hurricane seasons and from other large catastrophic events is that their consequences will take a major toll on basic governmental services and that it may take hours or perhaps days for outside relief to arrive; Whereas this is the reason why it is so very important that you and your family TAKE THE FIRST STEP! Preparedness is paramount-TAKE the necessary steps to prepare yourselves and your homes for emergencies and large scale disasters; Whereas S1. Lucie County Health Department knows the urgency and the need to be prepared for public health emergencies-after having passed Project Public Health Ready (PHHR) litmus test; Whereas the National Association of County and City Health Officials (NACCHO) and the Centers for Disease Control and Prevention (CDC) recognized S1. Lucie County as one of eleven sites nationally in the U.S. as being "Public Health Ready"; Whereas having fulfilled this accomplishment we take great pride and certainty as public health professionals, that we are equipped and armed for our future challenges; Therefore, I proclaim April 2-8, 2007 as National Public Health Week , and commend this observance to all our citizens. Agenda Request Item Number: Meeting Date: ð7+_ 0410312007 \.r Consent Regular Public Hearing Leg. [ ] [ ] [ I [XI Quasi-JD [ X ] Submitted By: Board of County Commissioners Growth Management Dept. Presented By f~ i~ent Director To: SUBJECT: Petition of Mission West, LLC for a Change in Zoning from the AR-1 (Agricultural, Residential- 1 du/ac) Zoning District to the PUD (Planned Unit Development - Mission Oaks Subdivision) Zoning District and Preliminary Planned Unit Development Approval for the project to be known as Mission Oaks Subdivision - PUD for 8.59 acres of property located on east side of Johnston Road, approximately 0,09 miles north of Angle Road - Draft Resolution No.07-053. BACKGROUND: Mission West, LLC is requesting approval for Preliminary Planned Unit Development for a 15 lot single-family subdivision. The Preliminary Planned Unit Development for Mission Oaks Subdivision has been reviewed by the Treasure Coast Regional Planning Council for consistency with the Towns Village and Countryside Element. The application for Preliminary Planned Unit Development (PUD) approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code. This petition does not fully meet the standards of review as set forth in the Towns, Villages, and Countryside Land Development Regulations of the St. Lucie County Land Development Code. (File No. PUD-05-006) '-" FUNDS AVAIlABLE: NIA PREVIOUS ACTION: At the January 18, 2007, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 7 to 1 (Ms, Morgan) with one member absent (Mr. Trias), recommended denial of the requested change in zoning. At the February 20, 2007, public hearing on this matter, the St. Lucie County Growth Management Department, requested a continuance for the petition of Mission West, LLC, until March 20, 2007. At the March 20, 2007, public hearing on this matter, the St. Lucie County Growth Management Department, requested a continuance for the petition of Mission West, LLC until April 3, 2007 to allow the staff time to finalize some outstanding concems regarding the interpretation of County codes and policies applicable to the Towns, Villages, and Countryside Overlay Zone that influence this project. RECOMMENDATION: Staff recommends approval of Draft Resolution No, 07-053, subject to 9 limiting conditions. COMMISSION ACTION: r---~J APPROVED [XJ OTHER Approved 5-0 Motion to continue to May 15, 2007 at 6:00 p.m. or as soon thereafter as possible. D DENIED CE: ouglas M. Anderson County Administrator """my Attomoy ~- Finance: Coordination! Signatures Mgt. & Budget: Fire Dept: Utility: Road & Bridge: Purchasing: Public Works: Other. iron. Resources: Engineering: co 0 ,;lJ 0 en N Q) ¡.¡¡ ... z+~ ¡t M \...r t CO ~ .c Q) 0 0 a. 0 1! Õ e I ~ i 0 LO .~ ~ 'C ~ a.. 0 J m c. c: 0 ~'!! ~ ~! c. .Q :::> 0 c. m en a.. ::ï: en ~ b <: " o U '- ~ Q: <: '!!! "t! .s: >- ~ ~ ð t. pøo~ UU!4S i ~ .¡; ~ Æ :e § ~ p~ í8úe¿)JèP8eH u . 0 .. Ó b § 8 ~ ~ p~ 8u!;86üB):: ~ ð ... N ó, -p't¡ poeus p~ UOII'80 \\ ,--,~ IBUB:) tZ-o ----------------------------- --------------------------- 'ii c . o . ~ ... " ó e o m ~~ ~~r'~'" ð,,$,.,o;;.ø ~~7' /"" /' ¡> I I I I I I I I I I I I I I I I I I I I I I ------------------------~ Ñuno:¡ aaqOlpaa>to ,~--~,--~-~ Mission Properties PUD 05-006 '2"i <....)' ; Zoning Mission Properties I I ~ C Q: Z g C/) z ::r: 0' -,\ AG-1 A R-1 AG-1 I T /~ , '-" / I CANAL NO. C-25 CANAL NO. C-25 4- ANGLE RD Q: , C - -- W I ~ I ~ 11 2 I I ..J I Q: A R-1 I ~I I ::æ:\ , ~ ~S-2 I " I \. I , I ~\:: , I , , CI I , , q,.;-. , , , AG-1 ~ ,~;-. , ,...- , I 33 , 2 "7)-~ ' , AG-1 I \ . ,., , 09$ ~ ' 111¡)'¡ , I I ,/ - ~ ' , , ~-?~ /, I I 32 / q,.;-. " I I 3 , l;q;-. )~ .... "~o9$ / / ~~ ' , I is'J.:: ' I I ,... RMI -5 ' , , 7Wr "7)-~ " , 4 \ 27 . , 09$ " , I f-- , ..y~ ", , I I I-- "- 5 , , I I C l- , , , I \.... , , I . "- , I , , I , , I 6 " , , PUD 05-006 Legend 5k-"¿~ ~~_ N A (jro-wtli :N1DUI/1""tmt :tJ'!P__t ~ Subject property Map prepared October 31 2006 Land Use Mission Properties I I '-' a 0::: z 0 I- C/) Z :I: 0' ~~ I\n x 1 RS I I I \... ~ I "///- '//// CANAL NO. C-25 CANAL NO. C-25 IL. ANGLE RD - -- I I I ~, I I 11 2 I I I I I I I I I I 1 RS I I 1 I I \. J I I I "\'= , I I , I I , , 3 I I , ~~ , I I , I --- ~~.s' , I RS - , I I 33 ,~~ , 2 , T/U I I ~.... , I - .9$";' .... 11\t~ , I - ,,, I 0::: ~""........ ~-?.s' '" I a 32 ,,'~~ " I 3 .... .... l;q~ I ~- .... ~.9$ " " ~~ ' I I - ........ }.¡/I Í \S'~ ' I I ~--- AI)-~ ...., I 4 ffi 27 .... >- y I . .... .9$ " I ----1 .... }.¡t-z,y ", I ~- .... I I , 5 .... I ~I~ .... , I .... .... I - .... , I \.... .... .... I .... .... I , , I 6 .... , PUD 05-006 Legend 5è.Á~ &,~~_ N A {jr_~1i .MI/md{fnnen~ :O'!1'arl7rU1l~ ~ Subject property Map prepared October 31,2006 ~~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~~~ 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 '-'" RESOLUTION NO. 07-053 File No.: PUD.QS.Q06 A RESOLUTION GRANTING A CHANGE IN ZONING OF AN 8.59 ACRE (MORE OR LESS) PARCEL OF LAND FROM THE AR-1 (AGRICULTURAL RESIDENTIAL -1 DU/ACRE) ZONING DISTRICT WHICH WOULD PERMIT APPROXIMATELY 7 DWELLING UNITS TO THE PUD (PLANNED UNIT DEVELOPMENT - MISSION OAKS SUBDVISION) ZONING DISTRICT, AND PRELIMINARY PLANNED DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS MISSION OAKS SUBDIVISION - PUD, PRELIMINARY PLANNED DEVELOPMENT CONSISTING OF 15 SINGLE FAMILY LOTS. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determ inations: CHANGE IN ZONING 1. Mission West. LLC, presented a petition for a Change in Zoning from the AR-1 (Agricultural, Residential- 1 du/ac) Zoning District to the PUD (Planned Unit Development - Mission Oaks PUD Subdivision) Zoning District for property located on the east side of Johnston Road, approximately 0.09 miles north of Angle Road for certain property in St. Lucie County, Florida as depicted on the attached maps as Exhibit "A" and described in Part "B" below. 2. On January 18, 2007, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended that the Board of County Commissioners deny the request for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PUD (Planned Unit Development - Mission Oaks PUD Subdivision) Zoning District for the property depicted on the attached Maps as Exhibit "A" and described in Part "B" below. 3. On February 20, 2007, this Board held a public hearing on the petition of Mission West, LLC, after publishing a notice of such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within 500 feet of the subject property at least 10 days prior to the hearing. That meeting was continued to Board's March 20, 2007, public hearing. 4. On March 20, 2007, this Board continued the public hearing to April 3, 2007. 5. On April 3, 2007, the public hearing was held by the Board of County Commissioners. 6. The proposed zoning change is consistent with the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. SITE PLAN 7. The petitioner is proposing the development of a residential subdivision consisting of 15 single family lots for property located on the east side of Johnston Road, approximately 0.09 feet north of Angle Road. File No.: PUD-05-006 April 3, 2007 Resolution No. 07-053 Page 1 1 ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 .'-" 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 '--' 8. On January 18, 2007, the S1. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet of the subject property at least 10 days prior to the hearing, and recommended to the Board of County Commissioners that Preliminary Planned Development Site Plan approval for the project to be known as Mission Oaks Subdivision - PUD, be denied. 9. On February 20, 2007, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the public hearing. 10. The Development Review Committee has reviewed the Preliminary Planned Unit Development site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the S1. Lucie County Comprehensive Plan, subject to the conditions set forth in Part C of this Resolution. 11. The proposed project is consistent with the general purpose, goals, objectives, and standards of the S1. Lucie County Land Development Code, the S1. Lucie County Comprehensive Plan and the Code of Ordinances of S1. Lucie County. 12. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 13. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 14. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 15. The proposed project will be served by adequate public facilities and services. 16. The applicant has demonstrated that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: CHANGE IN ZONING A. The property on which the Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/at) Zoning District to the PUD (Planned Unit Development - Mission Oaks Subdivision) is being granted is described as follows: THE SOUTH 813.5 FEET OF THE WEST Va OF THE EAST Va OF THE SOUTHEAST Y4 OF SECTION 34, TOWNSHIP 34, SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS THE WEST 40 FEET AND LESS RIGHT-OF-WAY OF CANAL C-25 (Location: East side of Johnston Road, approximately 0.09 miles north of Angle Road. Property Tax ID# 1334-442-0010-000/0) File No.: PUD-05-006 April 3, 2007 Resolution No. 07-053 Page 2 1 B. '-" 2 3 4 5 6 7 C. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 '-' ~~ 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ,--,. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. SITE PLAN Pursuant to Section 11.02.05(8) of the St. Lucie County Land Development Code, the Preliminary Planned Unit Development Site Plan for the project to be known as Mission Oaks Subdivision PUD be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by Knight, McGuire & Associates, Inc., dated November 03. 2006, and date stamped received by the St. Lucie County Growth Management Director on November 03, 2006, subject to the following conditions: 1. The Final Plat shall not be recorded until constructible engineering plans are approved, including the construction of Johnston Road to current County standards and all common improvements are either: a) built and accepted or approved by St. Lucie County; or b) subdivision improvement agreement secured with a developer's surety held by the St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. 2. As a part of any Final Plat of the proposed project, the developer, his successors or assigns, shall conveyor dedicate by plat to St. Lucie County, the west 35 feet of the subject property along Johnston Road for additional right-of-way. 3. Prior to Final Plat approval for the project, the developer, his successor or assigns, shall construct in accordance with Section 7.05.04 of the St. Lucie County Land Development Code a 6-foot wide sidewalk along the project's frontage on Johnston Road. 4. Prior to Final PUD approval, the developer, his successors or assigns, shall provide St. Lucie County with an updated Transportation Impact Report (TIR), in accordance with Section 11.02.09(4) of the St. Lucie County Land Development Code. Failure to demonstrate compliance with Chapter 5 of the St. Lucie County Land Development Code shall constitute grounds for denial of the Final Site Plan. 5. Prior to issuance of the first Certificate of Occupancy, the developer, his successors, or assigns shall plant 25 trees and as many healthy, native trees existing shall be relocated on site. 6. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the developer, his successors, or assigns shall provide a littoral planting plan acceptable and approved by the Environmental Resource Department 7. A condition of approval shall be that lots include yard swales consistent with Housing Urban Development type A, B, or C lot drainage, and all perimeter lots with rear lot lines abutting or parallel to the property lines of the parent parcel shall employ Housing Urban Development type A File No.: PUD-05-006 April 3, 2007 Resolution No. 07-053 Page 3 1 ~~ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. ~29 30 E. 31 32 33 34 35 F. 36 37 38 39 40 41 42 43 44 G. 45 46 47 48 49 50 H. 51 52 53 54 '-" drainage flowing storm water to an internal stormwater management system. 8. Prior to the issuance of the first building permit for this subdivision the developer, his successors or assigns, shall install a dense 50 foot wide vegetation buffer along the north property line. The landscape buffer shall be sufficiently opaque for all months of the year to effectively screen the subdivision from the view of the neighboring larger lot homesites to the north of the subdivision parent parcel. The landscaped buffer shall be designed by a Florida Registered Landscape Architect, and shall make maximum use of existing native vegetation, supplemented with additional native vegetation. Exotic vegetation shall be removed. 9. Prior to Final Planned Unit Development approval the developer, his successors or assigns, shall create an easement to the property line over the retention pond for future connection of the stormwater system to adjacent property to implement a flow way system to the east. 10. The approved Preliminary PUD site plan shall contain no more than fifteen (15) lots, shall provide a landscaped buffer at least fifty (50) feet wide along the north property line. Sunbank Court shall be extended so the northern paved edge of the hammerhead turnaround is at the northern property line. The approved plan shall otherwise be consistent with the above conditions and the site plan prepared by Knight, McGuire & Associates, Inc., last revised November 2, 2006. The property on which this site plan approval is being granted is described in Part A. This Preliminary Planned Development Site Plan approval shall expire on April 3, 2009, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or Final Planned Development Site Plan Approval has been granted. The Preliminary Planned Unit Development Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Mission West, LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the United States Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permit of authorizations to commence development activities on the property described in Part A. The developer, his successors or assigns, shall submit an application for a Certificate of Capacity to the Growth Management Director prior to Final Planned Unit Development. Failure to demonstrate compliance with Chapter 5 of the St. Lucie County Land Development Code shall constitute grounds for denial of the Final Planned Unit Development Site Plan. The conditions set forth in Part B are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Section B is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. File No.: PUD-05-006 April 3, 2007 Resolution No. 07-053 Page 4 1 '-'" 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 '-" 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 '-" I. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Growth Management Director. J. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. K. The Director of Growth Management shall coordinate the issuance of further site Development permits. No final site construction authorizations or site Development Permits shall be issued until all requirements for such permits are met. L. A copy of this resolution shall be mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. M. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and all applicable code requirements must be met to the satisfaction of the County before final site construction permits are issued. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft xxx Vice Chairman Joseph E. Smith xxx Commissioner Charles Grande xxx Commissioner Paula A. Lewis xxx Commissioner Doug Coward xxx PASSED AND DULY ADOPTED this 3rd day of April, 2007. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ATTEST Chairman APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk County Attorney lap: H:\Planning\Mission Oaks\County Commission Res 04.03.07.doc File No.: PUD-05-006 April 3, 2007 Resolution No. 07-053 Page 5 .~ 1 2 3 4 5 6 7 8 9 10 '-" 11 12 13 14 15 16 17 18 19 20 '-" Exhibit "A" . General Location Map . Area Subject to the Final Planned Unit Development Approval File No.: PUD-05-006 April 3, 2007 Resolution No. 07-053 Page 6 (0 0 en A... 0 (II N Q) ¡;¡¡ ... :.¡:; z+~ C') ~ CD :n Q¡ Q) 0 .c C- O '" ~ 0 I ~ .!! 0 L- 10 '~ t ~ "Q a.. 0 I!! (\ 0 ~~ a. c: '¡¡ I!! .Q ::) ~t a. ~ a. en a.. (\ .~ :::¡: ~ è § (3 ~ it c: ,$! ." .£ ~ î . ~ ~ " 80~ UU!4S . ~ Š <n Õ ~ e ~ ~ . p~ rBllB:) Jlpe8H Ii " '" ;) p~ peeus IBU~ Þ'Z~ ~ '" . 2' .s æ ~ .!i è § (3 .5; 1::: ~ O} ~ " i " "' ;) !PjOH IBsPI ~ ;) p~ UO~J~ ." ð ~ ;) IBue I 1 I I 1 I I I I I I I I I I I I I 1 I _________________________1 ~~ /'~~ -------------~-------------- -------------------------------------- ,{¡unoQ 88qOq088JfO A petition of Mission Properties requesting a Change in Zoning from AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PUD (Planned Unit \I,.,..¿Development - Mission Oaks) Zoning District II o ex: z o I- en z :J: o ...., T ~ 'lZ '/ ~ ,-,. :/ø W~%//f'// h CANAL NO. C-25 CANAL NO. C-25 ~ ANGLE RD ... ... ~ ~L~ _0::' o 32 3 w' -~'- 4 ã!r- w 27 f--- aJ :2:- ~~~ s;:- /uoú ~~~~ N (irO'Wrli Jl/liInfiIt1emtmr Zl!plZrlmlmr A Map prepared October 31, 2006 I I 1 I 1 1 I 1 I 1 1 1 1 I b I I I I 1 I I 1 I 1 1 1 1 1 1 1 1 1 I 1 I 1 1 I I I I 1 I' 2 1 - -- ~ .... ... ... ... ... ... 41t):: ... ... ~~~<S'): ...... ... -< ¡.~ ... ... .9$ ...... ~)) ... ,y~...... ~~oS' )~ ...... l;.q~~ '" q,):: ...... ...... .9$ L. '" '" ~~... ... <7'I1,y' íS'~):: "'...... ........ ~a .... ... ... :5" 'Ýt._ ... ... .......... ~"'y ......... ... ... ... .... ... ... .... ... ,,- PUD 05-006 Legend ~ Subject property 1 Mr. Steve Cassens, President of the North St. Lucie Water Control District, introduced ~ 2 himself to the board. 3 4 Mr. Culverhouse motioned to forward a recommendation of approval to the St. Lucie 5 County Board of County Commissioners of this application because the application is 6 well taken and it should be granted. 7 8 Mr. Knapp seconded. 9 10 The motion carried unanimously. 11 12 Mr. Hearn reiterated that agenda items 6 and 7 were continued to a special meeting of the 13 Planning and Zoning Commission scheduled for February 8, 2006. 14 15 AGENDA ITEM 8: Mission Properties PUD 05-006 16 Petition of Mission Properties for a change in zoning from AR-l (Agricultural, 17 Residential - 1 dulac) Zoning District to the PUD (planned Unit Development - Mission 18 Oaks) Zoning District. 19 20 This item was presented by Hank Flores, who explained that the subject property is 21 approximately 8.59 acres and is located on the east side of Johnston Road, approximately 22 0.9 of a mile north of Angle Road. 23 ~ 24 The applicant is proposing a 17-unit single-family subdivision. The subject parcel is 25 located in the southern boundary area encompassing the Towns, Villages and Country 26 Sides Comprehensive Plan Element. Said TVC Element has been adopted by the Board 27 of County Commissioners, but is waiting approval by the DCA. 28 29 After acceptance of the application by the Growth Management Department, a Stop-Gap 30 Ordinance was adopted and the application could not be processed because the proposed 31 density exceeded what was allowed in the current zoning district. 32 33 Mr. Flores went on to explain that the Regional Planning Council reviewed the 34 application in relation to the approved TVC plan and has recommended that the County 35 fInd the application inconsistent with the TVC plan. They have submitted a plan that 36 they could support, which has been provided in tonight's packet. 37 38 Staff is recommending that this board forward this application to the Board of County 39 Commissioners with a recommendation of denial. 40 41 Mr. Hearn requested Mr. Flores clarify the legal requirements of the applicant to adhere 42 to the TVC plan. Mr. Flores explained that applicants must follow the TVC plan until 43 such time as the TVC plan is either adopted or rejected by the DCA. There is no 44 grandfather clause within the TVC plan. So even though they submitted before the TVC 45 plan was adopte~ they still need to follow it. ......... 46 47 Mr. Culverhouse asked for clarifIcation as to when this application was submitted. Mr. 48 Culverhouse explained that his concern is that the applicant was treated fairly. Mr. Flores 7 '-" '-" ........ 1 explained that the application was submitted on April 21, 2005. The Board of County 2 Commissioners adopted the TVC plan on May 30, 2006. 3 4 Mr. Culverhouse questioned why the application was held up all that time? Mr. Flores 5 responded that it was held up under of the Stop-Gap Ordinance wherein you could 6 proceed with a development if you did not exceed the density allowed under the zoning 7 district designation. 8 9 Mr. Hearn questioned when the Stop-Gap Ordinance was adopted by the Board and when 10 was the applicant advised of the Stop-Gap Ordinance? 11 12 In order to give staff an opportunity to provide the board with an answer to their question, 13 the board took a short break at 8:00pm and reconvened at 8:10pm. 14 15 Mr. Flores clarified that the Stop-Gap Ordinance was adopted on August 16,2005. The 16 applicant was notified in August 2005 of the TVC plan and the effect on his application 17 with regards to the Stop-Gap Ordinance. 18 19 Mr. Hearn opened the public hearing. 20 21 Jason McCarthur, the applicant, spoke and advised the board that he was not aware of the 22 TVC at the time of contract on this property. Mr. McCarthur advised that he met with 23 Mr. Flores in February 2005 with several hand-drawn plans and discussed the proposed 24 development. The plan Mr. Flores recommended is essentially the one before the board 25 tonight. As part of the due diligence done, Mr. McCarthur requested (and received) a 26 letter from the zoning department confirming the zoning designation on the subject 27 parcel. Mr. McCarthur advised the board that it was never his intention to request 28 additional density. The letter he received from the County informed him that the zoning 29 on this property permitted 2 units per acre, as did the future land use designation. He was 30 not aware that he would be requesting an increase in density until the second round of 31 staff comments. Mr. McCarthur also advised the board that there was never a mention of 32 changing his plan to meet the TVC plan in all of staff comments. Mr. McCarthur also 33 stated that the Regional Planning Council is merely offering an opinion that he could be 34 more consistent with the TVC. 35 36 There were discussions between board members, staff and Mr. McCarthur regarding the 37 numerous discrepancies contained in the letters sent to Mr. McCarthur with regards to 38 this proposed project and the property's zoning, etc. 39 40 Mr. David Knight, Knight, McGuire & Associates, the engineer representing the 41 applicant, spoke briefly and pointed out some of the negative aspects of the suggested 42 plan that had been provided by the Regional Planning Council. Mr. Knight also pointed 43 out some of the more positive aspects of Mr. McCarthur's proposed project. 44 45 Victor Wyatt spoke in objection to this proposed project. He feels to put 17 houses on 46 this piece of property would simply bring pollution problems, traffic problems, etc. 47 48 Mr. Hearn closed the public hearing. 8 1 '--' 2 Ms. Caron motioned to recommend that the Board of County Commissioners deny this 3 application because the site plan is not consistent with the TVC element and it is in direct 4 conflict with the Stop-Gap Ordinance and because the County would be giving away 5 additional density without substantial public benefit. 6 7 Mr. Mundt seconded. 8 9 Ms. Hammer mentioned, for the record, that the staff recommendation was denial and the 10 Regional Planning Council recommended that the County deny this application. 11 12 Roll Call 13 Ms. Morgan - no because of the discrepancies contained within the Regional Planning 14 Council's letter to the County and the County's letter to Mr. McCarthur. 15 Mr. Culverhouse - yes 16 Mr. Knapp-yes 17 Ms. Hammer - yes 18 Mr. Schrader - yes 19 Mr. Mundt - yes 20 Vice Chairman Caron - Yes 21 Chairman Hearn - yes. Mr. Hearn commented that when staff sends a letter to someone 22 prior to their purchasing a piece of property stating that the zoning designation allows 2 23 units per acre (and that is indeed wrong), he is very reluctant to deny the application; but '-" 24 he is not in favor of giving away density in this County. 25 26 The motion carried 7-1 27 28 AGENDA ITEM 9: Robert Rilfel P A 06-002 (Small Scale Amendment) 29 Petition of Robert Rigel to consider a request to change the Future Land Use 30 Classification from COM (Commercial) to RU (Residential, Urban). 31 32 This item was presented by Hank Flores, who explained that the subject property is 9.1 33 acres ofa lOA8-acre parcel and is located at 9751 South Ocean Drive, approximately 1.5 34 miles north of the Martin County line, directly north of the Nettles Island access road. 35 The remaining 1.38 acres of the subject parcel is already designated RU and is within the 36 HIRD Zoning District. 37 38 The subject property is currently being used for a seasonal vegetable market and a year- 39 round storage of motor homes, boats and other large vehicles. The purpose for the 40 requested amendment is to reclassify the property as residential, which will be consistent 41 with the surrounding uses in area. 42 43 Staff has determined that the proposed future land use amendment is consistent with the 44 Comprehensive Plan; the proposed amendment is consistent with the State 45 Comprehensive Plan and the Treasure Coast Regional Planning Council's Strategic \.... 46 Policy Plan. Staff is recommending that this board forward a recommendation of 47 approval to the Board of County Commissioners. Staff is also recommending that this 9 Mission Oaks PUD PUD 05-006 Transmittal Master Checklist '-' Primary Distribution Sent Received Environmental Resources Department, Amy Mott: 04/21/2005 10/30/06 Transportation Planner, Andrew Riddle 10/20/2006 11/12/2006 Public Works Surveyor - Ron Harris: 04/21/2005 11/26/2006 Road, Bridge, & Transportation - Don Pauley: 04/21/2005 9/28/2006 Stormwater Management - Chris LeStrange: 04/21/2005 2/13/2006 General Engineering - John Frank: 04/21/2005 12/01/2006 Zoning Supervisor - Paula Bushby: N/A Attorney Prop Acquisition - JoAnn Riley: 04/21/2005 10/11/2006 Sheriff's Department - Major Monahan: 04/21/2005 No St Lucie County Fire District - Captain Derek Foxx: 04/21/2005 12/01/2006 Ft Pierce FarmsINorth St Lucie Water Control District 04/21/2005 No '--' - Ray Garcia: Property Appraiser's Office - Maurice Snyder: N/A IF AS - Jeffrey Gellermann: N/A Residential Onlv School Board of St Lucie County - Marty Sanders: 04/21/2005 10/24/2006 Community Services (Transit) - Jody Bonet: N/A Geol!l"8Dhical Based St Lucie County Utility Department - 04/21/2005 No Airport Authority - Diana Lewis: N/A City of Ft Pierce - Beach/Recor: N/A City of Port St Lucie - Cheryl Friend: N/A Ft Pierce Utilities Authority - David Mellert: 04/21/2005 12/13/06 Education and Research Authority - Jane Bachelor: N/A ~ Jim David - Mosquito Control Director N/A Treasure Coast Regional Planning, Anthea Gianniotes 10/17/2006 11/18/2006 '-" County Commission Review: 04/03/07 File Number PUD-05-006 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Board of County Commissioners THROUGH: Bob Nix, Growth Management Director FROM: Linda Pendarvis, Planner DATE: SUBJECT: March 28, 2007. '-" Petition of Mission West, LLC, for a Change in Zoning of an 8.59 acre (more or less) parcel of land from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District which would permit approximately 7 dwelling units to the PUD (Planned Unit Development - Mission Oaks Subdivision PUD) Zoning District and Preliminary Planned Unit Development site plan approval consisting of 15 single family lots approval for the project to be known as Mission Oaks Subdivision PUD, Preliminary Planned Unit Development. The location of the proposed development is in the southern boundaries of the Towns, Villages & Countryside Comprehensive Plan Element for the North County Charrette Master Plan Area adopted October 17, 2005. The Mission Oaks Subdivision PUD was submitted to the Growth Management Department on April 21,2005. The first Development Review Committee comment letter was dated June 15, 2005. The applicant responded to the first Development Review Committee comments on August 3, 2005. Pursuant to the Land Development Code Section 11.02.05.(A).4.b the applicant's project continued being reviewed by the Development Review Committee. Following the acceptance of the application for the development proposing the future land use density, the stop gap ordinance was adopted on August 16, 2005. The Stop Gap Ordinance allowed for proposed development located in the North County Charrette Master Plan Area to move forwarded under their existing allowed density. Mission Oaks PUD Subdivision existing zoning is AR-1 (Agricultural, Residential - 1 du/ac) Zoning District which allows one dwelling unit per acre. The underlying Future Land Use Map designation is RS, allowing up to two dwelling units per acre. The Stop Gap Ordinance required the applicant to request an exemption in order for the application to be processed. The applicant did not request an exemption. The Stop Gap Ordinance expired, and processing of the application then continued. At the March 20, 2007 Board of County Commissioners public hearing the Growth Management staff requested that this petition be continued to April 3, 2007. The request allowed staff time to review the applicable County codes and finalize interpretation with the County's legal staff. Attached to this staff report is Exhibit A, an updated list AS OF March 21, 2007 of pending projects located in the TVC area and submitted prior to the adoption of the Stop Gap Ordinance. '-'" '-' Unlike the TVC Land Development Regulations, neither the TVC Comprehensive Plan amendment nor the TVC Transferable Development Rights Regulations are in effect. With no enabling legislation or program, staff cannot require the applicant to utilize the TVC Transferable Development Rights Program. Pursuant to TVC requirements, residential developments of less than 110 acres of land inside the Urban Service Boundary are limited to the maximum residential density indicated on the Transferable Development Value Map of the TVC Element. Without the Transferable Development Rights program, under the TVC regulations, the Mission Oaks Subdivision is entitled to the density allowed under the Transfer Development Value Map, which happens to be the same as the present, unamended by TVC, future land use map. Both the Transferable Development Map and the future land use map limit the density on this property to two dwelling units per acre. The project has provided for an interconnected roadway system and a stormwater management system that can be connected to a future flow way system. The Mission Oaks Subdivision maximum number of permitted dwelling units under either the existing Future Land Use Map or the Transfer Development Value Map is seventeen dwelling units. The Towns, Villages and Countryside Element and the Transfer of Development Rights Ordinance are not yet effective, because the Towns, Villages and Countryside plan amendment has not yet been determined by the Florida Department of Community Affairs (DCA) to be in compliance. However, a final DCA determination regarding TVC plan amendment compliance is expected in the near future. \.- The Towns, Villages, and Countryside Land Development Regulations are in effect, because their , effective date clause makes them effective upon being recorded with the Florida Department of State. Those portions of the Towns, Villages and Countryside Land Development Regulations that do not conflict with the Comprehensive Plan and, therefore, do not require the Towns, Villages and Countryside Element to be in effect have been applied to the review of the proposed development, along with the existing in-compliance adopted comprehensive plan and the other applicable provisions of the Land Development Code. Subsequent to the March 20, 2007, Board of County Commissioners meeting, staff also met with the applicant to address concerns of the proposed development and its compatibility with the adjacent properties. Mission Oaks Subdivision originally provided a 15 foot existing vegetation buffer adjacent to the north property line. The applicant has agreed to provide a 50 foot landscaped buffer and two slightly larger lots adjacent to the landscaped buffer area to create a transition of development to the north property line. As a result, the project lost two of the originally proposed seventeen (17) lots. Therefore, the Mission Oaks PUD Subdivision is now proposing 1.75 dwelling units per acre, fifteen (15) lots, without the transfer of development rights from other property as contemplated by the TVC regulations. The Growth Management staff expected to present the proposed development to the February 20, 2007, Board of County Commission meeting. Staff requested that this petition be continued to the March 20, 2007. At the February 20, 2007, public hearing the commissioners discussed the fact that this application was submitted 4 months prior to the Stop Gap Ordinance being in effect. The County Commissioners requested a list of pending projects within the TVC area that were applied for before the Stop Gap Ordinance. A revised list and map is attached to this staff report as Exhibit A and has been updated as of March 21, 2007. At the January 18, 2007, public hearing on this matter, the St. Lucie County Planning and Zoning Commission by a vote of 7 to 1 (Ms. Morgan) with one member absent (Mr. Trias), recommended '-" denial of the requested change in zoning and the preliminary planned development site plan. 2 '-' The Planning and Zoning agenda package is attached for consideration. This memorandum provides updates and revisions resulting from the Planning & Zoning Commission public hearing comments and discussions. After testimony from the applicant at the Planning and Zoning Commission meeting staff realized that the applicant had several meetings with the Treasure Coast Regional Planning Council and acted in good faith and provided interconnectivity and tried to create a development consistent with the County's Towns, Villages, and Countryside Element. '-" In order to determine connectivity to a flow way system, staff reviewed soil types, false color infrared aerial imagery, and the maps in the St. Lucie County Surface Water Improvement and Management (SWIM) Plan. Those maps led the staff to conclude that water flows east toward a natural north-south drainage system that is located over 1,000 feet east of the site of the proposed Mission Oaks Subdivision. Adjacent to the proposed Mission Oaks site western property line is the road and right of way for Johnston Road. Adjacent to the Mission Oaks site's southern property line is South Florida Water Management District Canal No. C-25. The SWIM Plan shows surface drainage flows east from 1-95 toward Seminole Road, where it ties into a large natural drainage system having a generally northwest to southeast flow, and an eastern leg flowing along the route of the C-25 canal toward the Indian River Lagoon. The low point on the site is located in depressional wet soils in the vicinity of the northeast corner of the site. This natural drainage basin is the site of the proposed retention/detention pond. Staff finds that the proposed location of the retention pond is consistent with the natural drainage system and site conditions. Staff suggests as a condition an easement on the east side of the proposed retention pond to allow water to move in the natural direction of flow to the large area of wet soils providing a northwest to southeast and east flow way to the east of the development site. See the supporting soils analysis at Exhibit B. The original objection regarding the requirement for a frontage road on Johnston Road as part of the TVC regulations was also evaluated. Staff determined that the frontage road is required along the four lane section of Johnston Road, but not along the two lane section that abuts the site of the proposed Mission Oaks Subdivision and the large lot subdivision that is adjacent to the north property line of the proposed Mission Oaks Subdivision, and also adjacent to the east right of way of Johnston Road. Should the large lot subdivision one day redevelop, a north/south local road that is parallel to Johnston Road has been provided in the Mission Oaks site plan which can be extended north to limit driveway connections to and relieve traffic on Johnston Road. Staff has determined that the proposed zoning designation and the Preliminary Planned unit Development site plan with the recommended conditions and changes is compatible with the existing and proposed uses in the area. The petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Attached is a copy of draft Resolution No. 07-053, which would grant approval to the petition of Mission West, LLC, for a change in zoning from the AR-1 (Agricultural, Residential - 1 du/ac) to the PUD (Planned Unit Development - Mission Oaks Subdivision) zoning district and Preliminary Planned Unit Development for the project know as Mission Oaks Subdivision PUD, subject to 9 limiting conditions. 1. The Final Plat shall not be recorded until constructible engineering plans are approved, including the construction of Johnston Road to current County standards and all common improvements are either: a) "-" 3 '-" built and accepted or approved by St. Lucie County; or b) subdivision improvement agreement secured with a developer's surety held by the St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. 2. As a part of any Final Plat of the proposed project, the developer, his successors or assigns, shall conveyor dedicate by plat to St. Lucie County, the west 35 feet of the subject property along Johnston Road for additional right-of-way. 3. Prior to Final Plat approval for the project, the developer, his successor or assigns, shall construct in accordance with Section 7.05.04 of the St. Lucie County Land Development Code a 6-foot wide sidewalk along the project's frontage on Johnston Road. 4. Prior to Final PUD approval, the developer, his successors or assigns, shall provide St. Lucie County with an updated Transportation Impact Report (TIR), in accordance with Section 11.02.09(4) of the St. Lucie County Land Development Code. Failure to demonstrate compliance with Chapter 5 of the St. Lucie County Land Development Code shall constitute grounds for denial of the Final Site Plan. ,-,. 5. Prior to issuance of the first Certificate of Occupancy, the developer, his successors, or assigns shall plant 25 trees and as many healthy, native trees existing shall be relocated on site. 6. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the developer, his successors, or assigns shall provide a littoral planting plan acceptable and approved by the Environmental Resource Department 7. A condition of approval shall be that lots include yard swales consistent with Housing Urban Development type A, B, or Clot drainage, and all perimeter lots with rear lot lines abutting or parallel to the property lines of the parent parcel shall employ Housing Urban Development type A drainage to flow water to an interior swale system rather than to adjacent lands. 8. Prior to the issuance of the first building permit for this subdivision the developer, his successors or assigns, shall install a dense 50 foot wide vegetation buffer along the north property line. The landscape buffer shall be sufficiently opaque for all months of the year to effectively screen the subdivision from the view of the neighboring larger lot homesites to the north of the subdivision parent parcel. The landscaped buffer shall be designed by a Florida Registered Landscape Architect, and shall make maximum use of existing native vegetation, supplemented with additional native vegetation. Exotic vegetation shall be removed. ~ 9. Prior to Final Planned Unit Development approval the developer, his 4 '-" ~ '-" successors or assigns, shall create an easement to the property line over the retention pond for future connection of the stormwater system to adjacent property to implement a flow way system to the east. 10. The approved Preliminary PUD site plan shall contain no more than fifteen (15) lots, shall provide a landscaped buffer at least fifty (50) feet wide along the north property line. Sunbank Court shall be extended so the northern paved edge of the hammerhead turnaround is at the northern property line. The approved plan shall otherwise be consistent with the above conditions and the site plan prepared by Knight, McGuire & Associates, Inc., last revised November 2, 2006. Please contact this office if you have any questions on this matter. SUBMITTED: $j JJ! ~ Bob Nix. AICP":-t Growth Management Director Attachment cc: Knight, McGuire & Associates, Inc. Jason McArthur, Mission Properties File 5 '-' STAFF REPORT EXHIBIT A TVC PENDING PROJECTS '-' '-' EXHIBIT A '-" GROWTH MANAGEMENT DEPARTMENT Planning MEMORANDUM TO: Board of County Commissioners THROUGH: Bob Nix, Growth Management Director FROM: Linda Pendarvis SUBJECT: Mission Oaks DATE: March 12, 2007 At the February 20, 2007, staff requested a continuation for the Mission Oaks Planned Unit Development The Board of County Commissioners had discussion regarding when the project application was submitted and when the Stop Gap Ordinance was adopted. Commissioner Craft requested a list of the pending projects located in the TVC area submitted prior to the adoption of the Stop Gap Ordinance of August 16, 2005. The attached map shows the pending projects and a description of the projects follows: Date Received: Project Name and Description: '-" 1 0/18/2004 Sunset Lakes PUD 506 single family units 134.6 acres proposed density 3.76 units per acre Status: Pending resubmittal addressing Development Review Committee comments. 4/21/2005 Mission Oaks Subdivision PUD 17 single family lot subdivision 8.59 acres proposed density 1.97 units per acre Status: pending BOCC Public Hearing March 20, 2007 7/11/2005 1 Acre Woods Subdivision 8 single family lot subdivision 9.79 acres proposed density 1 unit per acre Status: Pending Environmental Resource Department sign-off for administrative approval. 6/21/2005 Plantation Acres PUD 46 single family units 46.28 acres proposed density 1 unit per acre ~ Status: Pending BOCC Public Hearing March 20, 2007 the applicant is requesting a continuance. A copy of this memo will be attached to the Mission Oaks staff report for the March 20th Board of County Commissioners meeting. Please let me know if you need additional infonnation. '-" NNN....~3: (JI.þ.Woo W.þ.<Ooo- o ~""s::enz ~ ~~. § I» :;t .., -. (J 3 ::;.CDOCDCD õ' :iE ::J ;: ::J 0 01\) »01\)" oc."CD .., (J (J (J men ïJ ïJ C C c:[ 0 0<" iii' õ' ::J s:: s:: ïJ ïJ ~-I I\) -. c: C ~. 5 0 0 CD .., .., (J (J æ'æ' ~~ I\) I\) ::J ::J '-" o O).......þ.ôŠ' i\3~N~ ............00::0 ¡g¡gNN~ 008°0: (JI(JI(1 ~ .þ.oo....» 0 ~....~G)11) m Q¡ g, cJd~ ë: Q ïJ Õ ,2. CDCDC"..~ ::J - 0:::"-' =.g, XO ~(J ço.o::J §@~ ~~CD CD " ::J I\) g. ~. -f< en C C" c. <' iii' õ' ::J »"C =11) I» ::J ... 0. 11) -. ::J ¡¡ CC 111'0 a:a 11) ..... ::J 11) ..0 !:fl "C -. ... ::J .2.:T 11) 11) a-~ . () I» ¡¡ I» III C 0" 3 Ii 0. '0 ... õ' ... 8' .. ~ 11) I» 0. o "C .. õ' ::J o .... .. ~ 11) en 8' "C (;) I» "C o a. :j' I» ::J o 11) en " c: ::J (1 it .þ. ....0 0)00 ......0) 3: " c: ::J it 00 00 -I 0 !: c: ::J (JI it .þ. ....0 0)00......0) 0 CD ::J s:: III ~ I\) a . :J C ::J 9> o........w if N coo Co:"'" iiì ° <00......0) C"I ° ...... '-' ... · · · · · ..---------.-. ._--~-- · · · · · · . ... ° I!) :J .ê: en ¡: :J rn ::r S' (1) en ¡¡) CD ìJ I!) ~ I!) '< , I I , I ., ¡ ¡ I ¡ I ¡ I , t ¡ 1 I t I ¡ ¡ I 1° ¡I!) ¡¡¡ 1- lî ___,~~___-.\ 16 ..., -....!'. · · · · · · · · · · · · · · · · · ""~..~~. ìJ õ) :J ~ õï:; :J'ft: ):oN (') CJ'1 CD '" --.- rn ìJ C o ;;- ~ ~ ~ ~ '" , L Johnton Rd .-..a.--...--...-...----¡-,--,., : I I .. . · .. . . . . . .........,...........!- Semin Ie Rd ~ CD ~ 0- 00 c.'ft: rnN en.þ.. ¡: .þ.. 0- C. e::" ¡¡ï õ" :J -~~ ---- -- - ~~ - ~~"---.~"~~.- in Hwy i'?y ! ¡:, ~ ~ ~~. ~ <I: ~ ;¡: ~! ~ § tJ i § il~ ~r n 0: :1] ¡; ~ ri/ (J) LJ.. cooz:-l ... CD::u 0 Q"T1C-i5.-;ZCr .:;: ,.. ¡¡. < 0" '" :P. '" 0 -;0 () 3 '" :J"I> I'" 1'1- -, ¡;¡ U'J" '" < ¡¡¡c~m ~f!J() '" ¡;' 0 ~ 0 '" '" ";: c .:;: en ;:j '" ~ U'J 0 0 z ~. [ ~ ~ 1 £ '" ." '" -I » -<! ie < m ~6 () d ~ ~ "z '" ø-; 1'1 > I > ,,'" o-i i3(J -> z", >'" z > Ow "'e: '" ;: ~ '" o JaJ\!B Lle!pLl\ "'-z '-" '-" '-" STAFF REPORT EXHIBIT B SOIL MAP AND CLASSIFICATIONS MAP LEGEND: YELLOW: PINK: BLUE: BUILDING SITE DEVELOPMENT SOILS TRANSITIIONAL SOILS DEPRESSIONAL SOILS ¿?J ~ '" '" cfJ '" '" m >< 2': c- ;::1: tJJ (f) Q. s: -. en en -. o ::J o Q) " en ...... '< "'C CD en ~. ...... :::r ~ Q) "'C C ::J ;::1: ::J c: 3 c- CD (jJ IDDO~i ::¡':~~en.Q.Q, Q:I = ::J 1; ctI ~ ~ [g; m ; (Q 0 -. 0 ~ §. ~ § CD en-a. g.g,~~ < en :: en en 0" "C 3 en ;a. Q. ¡¡; oš:o ~Q)æ. -<"'0 m :5.~ ~ Ut+~ z "'0):2: ::röš: 0) ::r 0 tr1 ë6 ~ ~ crNcn m~ê :::¡o;o ª--.J~ Q '"--'. (0 00 o ~)y 0 i~ b¡ ~ f ~. o~ I~ o,¡J; ~ ~~ 0 ~ ~ ~ ~ i~~/ ....y ST. LUCIE COUNTY AREA, FLORIDA '-"S if good water control and soil improving measures are provided. A water control system is needed to remove excess water in wet seasons and to provide for subsurface irrigation in dry seasons. Close growing, soil improving crops should be kept on the soil three-fourths of the time and rotated with the row crops. These soil improving crops and crop residue should be plowed under. Seedbed preparation should include bedding of rows. Fertilizer and lime should be applied according to the need of the crop. This soil is poorly suited to citrus unless very intensive management is practiced. However, it has low potential for citrus if a carefully designed water control system that will maintain the water table below a depth of 4 feet is installed. Planting trees in beds lowers the effective depth of the water table. A vegetative cover needs to be maintained between the trees. Regular applications of fertilizer and lime are needed. This soil has medium potential for improved pasture grasses. Pangolagrass, improved bahiagrasses, and white clover grow well if they are well managed. Water control measures are needed to remove excess surface water after heavy rains. Regular applications of fertilizer and lime are needed. Grazing should be controlled to prevent overgrazing and weakening of plants. This soil has low potential for pine. Slash pine is better r "d than' other species. Equipment limitations and .........iing mortality are the main management concerns. '·..·ThiS soil has high potential for dwellings without base- ments, small commercial buildings, and local roads and streets. Water control measures are needed. Potential is medium for septic tank absorption fields, playgrounds, trench type sanitary landfills, shallow excavations, ·and sewage lagoon areas. Installation of water contr,ol meas- ures helps to overcome excessive wetness. The sii~ of the absorption field may need to be increased because the permeability rate in this soil is lower than is accept- able. The sandy surface layer should be stabilized for playground use. Sealing or lining with impervious material helps to reduce excessive seepage for trench type sani- tary landfills or sewage lagoon areas. Shoring of sidewalls is needed for shallow excavations. 'i This soil is in capability subclass IVw. ,~~Nettles sand.. This poorly drained, nearly level ,~I IS on broad flatwoods areas. Slopes are smooth to '(ff;)ncave and range from 0 to 2 percent. Typically, the surface layer is 11 inches thick. It is '~Ck sand in the upper 5 inches, very dark gray sand in ..'~ . next 3 inches, and dark gray sand in the lower 3 >~~s. The subsurface layer is light gray sand 22 inches (/~~. The subsoil extends to a depth of 90 inches or '0ir· It is black and dark reddish brown, weakly cement- '},c" ~nd and loamy sand in the upper 6 inches; dark , 'sh brown and dark brown sand in the next 16 (~; and pale olive gray fine sandy loam below this ..... . ~,)"L. "..¡....;', ,-~, 29 Included with this soil in mapping are small areas of Ankona, Oldsmar, Pepper, Pineda, and Wabasso soils. Also included are small areas of soils on the edges of sloughs which have a cemented, very friable, dark layer within a depth of 30 inches of the surface and a weakly cemented, less friable, dark layer below a depth of 30 inches. The included soils make up about 20 percent of any mapped area. The water table in Nettles sand is within a depth of 10 inches for 2 to 4 months during wet seasons and be- tween depths of 10 to 40 inches for 6 months or longer in most years. It is perched above the subsoil early in the summer rainy season and after periods of heavy rainfall in other seasons. During extended dry periods, the water table may recede to a depth below 40 inches. Available water capacity is very low to low in the surface and subsurface layers and medium in the subsoil. Per- meability is rapid in the surface and subsurface layers and very slow to slow in the subsoil. Natural fertility and organic matter content are low. Some areas of these soils have been cleared and are cultivated. A few areas are used for urban purposes. Most areas are in natural vegetation of scattered south Florida slash pine, and cabbage palm and an understory of sawpalmetto, waxmyrtle, inkberry, fetterbush, creeping bluestem, chalky bluestem, Florida threeawn, and pine- land threeawn. This soil has very severe limitations for cultivated crops. It has high potential for vegetable crops if water control and other good management practices are pro- vided. The water control system needs to remove excess water in wet seasons and provide for subsurface irrigation in dry seasons. Soil improving crops should be kept on the soil three-fourths of the time and rotated with the row crops. These soil improving crops and crop residue should be plowed under. Bedding of rows needs to be included in seedbed preparation. Fertilizer and lime should be applied according to the need of the crop. This soil has low potential for citrus. It is suited to citrus if a carefully designed water control system is installed that will maintain the water table below a depth of about 4 feet. Planting trees in beds lowers the effec- tive depth of the water table. A vegetative cover should be maintained between the trees. Regular applications of fertilizer and lime are needed. This soil has high potential for improved pasture grasses. Pangolagrass, improved bahiagrasses, and white clover grow well if they are well managed. Water control measures are needed to remove excess surface water after heavy rains. Regular applications of fertilizer and lime are required. Grazing should be controlled to prevent overgrazing and weakening of plants. This soil has medium potential for pine. Slash pine is better suited than other species. Equipment limitations and seedling mortality are management concerns. This soil has hi h otential for dwellin s without b ments, small commercia UI In s r d 30 '-' streets, and sewa la oon reas. Water control meas- ures e p to overcome excessive we ness. The size of 'absorption fields may need to be increas~d because of slow permeability. Sealing or lining of sewage lagoon areas helps to overcome excessive seepage. Potential is medium for septic tank absorption fields, playgrounds, trench type sanitary landfills, and shallow excavations. Water control measures are needed to overcome exces- sive wetness. The sandy surface layer should be stabi- lized for playground use. Sealing or lining with impervious soil material is needed for trench sanitary landfills and sewage lagoon areas to reduce excessive seepage. Sidewalls of shallow excavations should be shored. This soil is in capability subclass IVw. 26-0ldsmar sand. This nearly level soil is in depres- sional areas in the flatwoods. These areas are more poorly drained than the surrounding flatwoods. Slopes are smooth to concave and range from nearly level in the center of the depression to 2 percent toward the edge. Typically, the surface layer is sand 5 inches thick. It is black in the upper 1 inch and very dark gray in the lower 4 inches. The subsurface layer is gray sand 27 inches thick. The subsoil extends to a depth of 80 inches or more. In sequence from the top of this layer, it is very dark gray sand in the upper 2 inches; very dark reddish brown sand in the next 7 inches; black sand in the next 1 inch; olive gray fine sandy loam in the next 23 inches; and light olive gray fine sandy loam below this layer. Included with this soil in mapping are small areas of Riviera soil and soils which have a dark surface layer 10 or more inches thick. Also included are a few areas that do not have a dark sandy subsoil and a few areas that have a dark subsoil at a depth of less than 30 inches. The included soils make up 25 percent or less of any mapped area. The water table in Oldsmar sand is above the surface for 6 to 9 months or more in most years. Available water capacity is very low in the surface and subsurface layers and medium in the rest of the soil. Permeability is rapid in the surface and subsurface layers, moderate to mod- erately rapid in the sandy part of the subsoil, and slow to very slow in the loamy part of the subsoil. Natural fertility and organic matter content are low. In most of the acreage, natural vegetation is scattered to dense sandweed, stillingia, long leaf threeawn, maiden- cane, and sand cordgrass. Under natural conditions, this soil is not suited to culti- vated crops because of ponding. However, it has medium potential for vegetable crops if very intensive management, soil improving measures, and a good water control system that removes excess water in wet seasons and provides for subsurface irrigation in dry seasons is installed. Close growing, soil improving crops should be kept on the soil three-fourths of the time and rotated with the row crops. Soil improving crops and '--' '-" SOIL SURVEY crop residue should be plowed under. Seedbed prepara- tion should include bedding of rows. Fertilizer and lime should be applied according to the need of the crop. This soil is not suited to citrus under natural condi· tions. It has medium potential for citrus if very intensive management and a good water control system that will maintain the water table below a depth of about 4 feet are provided. Planting the trees in beds lowers the effec- tive depth of the water table. Regular applications of fertilizer and lime are needed. This soil is not suited to pasture under natural condi- tions. However, it has medium potential for improved pasture if very intensive management, soil improving measures, and a good water control system are pro- vided. 'Pangolagrass, improved bahiagrasses, and white clover grow well if they are well managed. Water control measures are needed to remove excess surface water after heavy rains. Regular applications of fertilizer and lime are needed. Grazing should be controlled to prevent overgrazing and weakening of plants. This soil has low potential for pine. Slash pine is better suited than other species. Water control measures need to be installed before trees can be planted. Severe equipment limitations and seedling mortality are the main management concerns. This soil has medium potential for sewage lagoon areas, but water control measures are needed to help overcome excessive wetness. Sealing or lining with im- pervious material helps to reduce excessive' seepage. Potential is low for septic tank absorption fields, dwell- ings without basements, small commercial buildings, local roads and streets, playgrounds, trench type sanitary landfills, and shallow excavations. Water control meas- ures are needed. Fill material for septic tank absorption fields, buildings without basements, small commercial buildings, local roads and streets, and playgrounds; seal- ing or lining with impervious material for trench type sanitary landfills; and shoring of sidewalls for shallow excavations are needed. Mounding may be needed for septic tank absorption fields. This soil is in capability subclass Vllw. 27-Palm Beach fine sand, 0 to 5 percent slopes. This excessively drained, nearly level or gently sloping soil is on dunelike ridges that are generally parallel to the coast. Slopes are smooth to convex. Typically, the surface layer is grayish brown fine sand about 8 inches thick. The underlying material, to a depth o~ 80 inches or more, is fine sand that has many sand- sIze shell fragments. It is pale brown fine sand in the upper 22 inches and . light gray fine sand and multico- lored shell fragments below this layer. Included with this soil in mapping are small areas of Canaveral soil and areas of soils that have a dark sur- face layer. The included soils make !Jp less than 15 percent of any mapped area. ST. LUCIE COUNTY AREA, FLORIDA \ï.......)- Turnbull Variant sandy clay loam. This very . ì)Wórly drained, nearly level soil is in tidal marshes. Slopes are dominantly less than 1 percent but range to 2 . percent. Typically, the surface layer is 23 inches thick. It is black sandy clay loam in the upper part and very dark gray fine sandy loam in the lower part. The substratum extends to a depth of 80 inches or more. It is gray sandy clay loam in the upper 13 inches and gray, very bouldery sandy clay loam below this layer. Included with this soil in mapping are small areas of Pompano Variant and Kaliga Variant soils and areas that have more than 8 inches of organic material on the surface. The included soils make up less than 25 per- cent of any mapped area. Turnbull Variant sandy clay loam is flooded by tidal waters daily. Available water capacity is very high in the surface layer and medium below. Permeability is slow to very slow in the surface layer and moderate to rapid below. Organic matter content is high. Natural vegetation is red and black mangrove. This soil is not suited to cultivated crops, citrus, pas- ture, or pine. It has very low potential for these uses. This soil has very low potential for septic tank absorp- tion fields, dwellings without basements, small commer- cial buildings, local roads and streets, playgrounds, trp"'~h type sanitary landfills, shallow excavations, and '-....1e lagoon areas. Water control measures and pro- tmJifft5n from flooding are needed. Size of septic tank absorption fields should be increased and may need to be mounded. Footings and foundations need to be in- creased for dwellings without basements and small com- mercial buildings, and the structural strength should be increased for local roads and streets. Trench type sani- tary landfills and lagoon areas should be sealed or lined with impervious soil material. This soil is in capability subclass Vlllw. 47-Urban land. Urban land consists of areas that are more than 70 percent covered by airports, shopping cen- ters, parking lots, large buildings, streets, and sidewalks. Other areas, for example, lawns, parks, vacant lots, and playgrounds are made up mostly of Ankona, Lawnwood, Nettles, Pendarvis, Pepper, Tantile, St. Lucie, Paola, and Waveland soils. The surface of these soils, to a depth of about 12 inches, has been covered with fill material consisting of sandy and loamy materials which contain limestone and shell fragments in places. These areas of soils are too small to be mapped separately. Urban land is not placed in a capability subclass. ~4~Wabasso sand. This poorly drained, nearly level SOil IS in flatwoOds areas. Slopes are smooth to convex and range from 0 to 2 percent. T""'ically, the surface layer is sand about 8 inches ~ t is black in the upper 4 inches and very dark gray in~ lower 4 inches. The subsurface layer is gray sand 43 17 inches thick. The subsoil extends to a depth of 60 inches. In sequence, it is black sand in the upper 5 inches; dark brown loamy sand in the next 4 inches; dark grayish brown sandy loam in the next 14 inches; and olive gray sandy clay loam in the lower 12 inches. The substratum is olive gray sand to a depth of 80 inches or more and contains shell fragments. Included with this soil in mapping are small areas of Oldsmar, ParkwOOd, and Pineda soils. Also included are areas where the dark sandy subsoil is weakly cemented and slowly permeable. In the area of T. 37 S., A. 38 E and R. 39 E., the clay content of the subsoil is slightly higher than is described for the series. In this area the loamy subsoil is as shallow as 18 inches. The included soils make up less than 20 percent of any mapped area. The water table of Wabasso sand is at a depth of less than 10 inches for 1 to 4 months during the summer rainy season and between depths of 10 to 40 inches for 6 to 9 months in most years. It is below a depth of 40 inches in dry seasons. The water table is perched above the subsoil during the summer and after periods of heavy rainfall. Available water capacity is low in the surface and subsurface layers and substratum and medium in the subsoil. Permeability is rapid in the surÍ"ace and subsur- face layers and substratum and moderate to moderately slow in the dark sandy subsoil. It is very slow to slow in the loamy subsoil. Natural fertility and organic matter content are low. In a large part of the acreage, natural vegetation is open forest of second growth longleaf pine or slash pine, -and scattered to many cabbage palms. The understory is sawpalmetto, running oak, and in places inkberry and fetterbush. The most common native grasses are pine- land threeawn and Florida threeawn and, in places, sev- eral varieties of bluestem. This soil has severe limitations for cultivated crops because of wetness. It has medium potential for vegeta- ble crops if a water control system that is designed to remove excess water in' wet seasons and provide for subsurface irrigation in dry seasons is installed. Good management includes crop rotation that keeps the soil in close growing, soil improving crops at least two-thirds of the time. These crops and crop residue should be plowed under. Fertilizer and lime should be applied ac- cording to the need of the crop. This soil is poorly suited to citrus because of wetness. However, it has medium potential for citrus if a water control system that rapidly removes excess water from the soil after heavy rains is provided. The water should be removed to a depth of about 4 feet. Planting trees in beds lowers the effective depth of the water table. A cover of close growing vegetation between the trees is needed to protect the soil from erosion. Regular applica- tions of fertilizer are required. Irrigation can be needed in seasons of low rainfall for highest yields. This soil has medium potential for improved pasture grasses. Pangolagrass, bahiagrasses, and clovers are 44 49-Wabasso Variant sand. This poorly drained, 'early levél soil is in flatwoods areas. Slopes are smooth ~ convex and range from 0 to 2 percent. Typically, the surface layer is black sand about 5 inches thick. The subsurface layer is gray sand 14 inches thick. The subsoil extends to a depth of 32 inches. It is mainly dark reddish brown and brown sand in the upper 6 inches, and dark grayish brown and olive gray sandy clay loam in the lower 7 inches. The substra- tum extends to a depth of 80 inches or more. In se- quence, it is light gray very gravelly sandy loam in the upper 4 inches; brown sand and loamy sand containing calcium carbonate nodules in the next 9 inches; light olive brown, calcareous sandy loam in the next 5 inches; light olive gray loamy sand that contains shell fragments in the next 18 inches; and gray sandy loam and sandy clay loam that contain shell fragments in the lower part. Included with this soil in mapping are small areas of Hallandale, Pople, Hilolo, and Wabasso soils. The includ- ed areas of Wabasso soil are less than 25 percent of any mapped area. The included areas of other soils are less than 20 percent of any mapped area. The water table of Wabasso Variant sand is at a depth of less than 10 inches for less than 2 months in wet seasons and between depths of 10 to 40 inches for more than 6 months during most years. It is perched above the subsoil during the summer rainy season and after periods of heavy rainfall. The water table is at a depth of 40 inches or more during the dry season. Avail- \...: !ble water capacity is very low in the surface and sub- surface layers and substratum and medium in the sub- SOIL SURVEY' soil. Permeability is rapid in the surface and subsurface': layers and substratum, moderate in the dark sandy sub-:':;' soil, and very slow to slow in the loamy subsoil. Internal T; drainage is slow because of the shallow water table.?'; Natural fertility and organic matter content are low.ft' In a large part of the acreage, natural vegetation is live;! oak, cabbage palm, and a few south Florida slash pine;: and an understory of sawpalmetto, running oak, and ink·f berry (fig. 13). The most common native grass is pine- 'i land threeawn.; This soil has severe limitations for cultivated crops' because of wetness. However, the soil has medium po- tential for vegetable crops if a water control system that ¡ is designed to remove excess water in wet seasons and> provide for subsurface irrigation in dry seasons is in· stalled. Good management includes crop rotation that keeps the soil in close growing, soil improving crops at least two-thirds of the time. These crops and crop resi- due should be plowed under. Fertilizer and lime should be applied according to the need of the crop. This soil is poorly suited to citrus because of wetness. It has medium potential for citrus, however, if a water control system that rapidly removes excess water from the soil after heavy rains is provided. The water should be removed to a depth of about 4 feet. Planting trees in beds lowers the effective depth of the water table. A cover of close growing vegetation between the trees is needed to protect the soil from erosion. Regular applica- tions of fertilizer are required. Irrigation can be needed in seasons of low rainfall for highest yields. This soil has high potential for pasture grasses. Pan- golagrass, bahiagrasses, and clovers are well adapted and grow well if they are well managed. A water control system to remove excess surface water during periods of heavy rainfall is needed. Regular applications of fertil- izer are required. Carefully controlled grazing is needed to maintain healthy plants for highest yields. This soil has medium potential for pine. Slash pine is better suited than other species. This soil has high potential for dwellings without base- ments, small commercial' buildings, local roads and streets, and sewage lagoon areas. Water control meas- ures h~lp t~ overcome excessive wetness. The size of absorption fields may need to be increased because of slow permeability. Sealing or lining of sewage lagoon area~ helps to ov.ercome excessiye seepage. Potential is medium for septic tank absorption fields playgrounds trench type sanitary landfills, and shallo~ excavations: V'fater control measures are needed to overcome exces- ~Ive wetness. The sandy surface layer should be stabi- hz~d for pl~yg~ound use. Sealing or lining with impervious soli material IS needed for trench sanitary landfills to r~duce excessive seepage. Sidewalls of shallow excava- tions should be shored. This soil is in capability subclass IlIw. SO-Waveland fine sand. This poorly drained, nearly ST. LUCIE COUNTY AREA, FLORIDA \.-...1is soil has medium potential for improved pasture ~sses Pangolagrass, improved bahiagrasses, and white clover grow well if they are well managed. Water control measures are needed to remove excess surface water after heavy rains. Regular applications of fertilizer and lime are required. Grazing should be controlled to prevent overgrazing and weakening of the plants. This soil has medium potential for pine. Slash pine is better suited than other species. Equipment limitations and seedling mortality are management concerns. This soil has high potential for dwellings without base- ments, small commercial buildings, local roads and streets, and sewage lagoon areas. Water control meas- ures help to overcome excessive wetness. The size of absorption fields may need to be increased because of slow permeability. Sealing or lining of sewage lagoon areas helps to overcome excessive seepage. Potential is medium for septic tank absorption fields, playgrounds, trench type sanitary landfills, and shallow excavations. Water control measures are needed to overcome exces- sive wetness. The sandy surface layer should be stabi- lized for playground use. Sealing or lining with impervious soil material is needed for trench sanitary landfills and sewage lagoon areas to reduce excessive seepage. Shoring of sidewalls is needed for shallow excavations. This soil 'is in capability subclass IVw. ,- "" ~-Plneda 88nd~ This poorly drained, nearly level soil ~ low hammocks; in broad, poorly defined sloughs; and on flats. Slopes are smooth to concave and range . from 0 to 2 percent. Typically, the surface layer is sand 6 inches thick. It is ~ry dark grayish brown in the upper 3 inches and dark brown in the lower 3 inches.' The upper part of the . .subsoil extends to a depth of 34 inches. It is yellowish brown sand in the upper 6 inches, strong brown sand in . '.tt¡e next 9 inches, and pale brown sand in the lower 13 inches. A layer of light gray sand 4 inches thick sepa- .~s the upper part of the subsoil from the lower part. ........1ftMt lower part of the subsoil is olive gray sandy loam i)~t extends to a depth of 52 inches. The upper 4 inches ;&~intrusions of white sand. The substratum, to a depth ~{J'80 inches or more, is gray loamy sand. c",i<\lncllJded with this soil in mapping are small areas of , Wabasso Variant, Hallandale, Malabar, Pople, a, Winder, and Winder Variant soils. Also included areas of soils similar to Pineda soils that have a dark r directly overlying the yellowish layer. The included make up less than 20 percent of any mapped area. a sand has a water table at a depth of less than es for 1 to 6 months and between depths of 10 .inches for most of the rest of the year. In a few ,the soil is covered with shallow standing water for 7 days to 6 months. For short periods in dry s the water table is below a depth of 40 inches. e water capacity is very low in the surface and ace layers and substratum and moderate in the 33 subsoil. Permeability is rapid in the surface and subsur- face layers, slow to very slow in the subsoil, and moder- ately rapid to rapid in the substratum. Natural fertility and organic matter content are low. A large part of the acreage has been cleared and is planted to citrus. Natural vegetation in sloughs is scat- tered slash pine, waxmyrtle, cabbage palm in places, scattered sawpalmetto, blue maidencane, and pinel and threeawn. Along the broad, poorly defined drainageways and on flats, natural vegetation is scattered waxmyrtle, sandweed, and maidencane. This soil has severe limitations for cultivated crops, but it has high potential for vegetable crops. A water control system is needed to remove excess water and to pro- vide for subsurface irrigation. Good management in- cludes crop rotation that keeps the soil in close growing cover crops at least two-thirds of the time. The cover crops and crop residue should be plowed under. Seedbed preparation should include bedding. Fertilizer should be applied according to the need of the crop. Under natural conditions this soil is poorly suited to citrus. It has high potential for citrus if a water control system that maintains good drainage to a depth of about 4 feet is installed. Planting the trees in beds lowers the effective depth of the water table. A good cover of close growing vegetation is needed between the trees to pro- tect the soil from erosion when the trees are young. Regular applications of fertilizer are needed. This soil has high potential for improved pasture grasses. It is well suited to pangolagrass, bahiagrasses, and clovers. An excellent pasture of grass or a mixture of grass-clover can be grown with good management. Regular applications of fertilizer are required. Controlled grazing is needed for highest yields (fig. 11). This soil has medium potential for pine. Slash pine is better suited than other species. A water control system is needed if the production potential is to be realized. Equipment limitations and seedling mortality are the main management concerns. _ This soil has high potential for dwellings without base...: ments, small commercial bUildings, local roads and streets, and sewage lagoon areas. Water control meas- -Ures are needed to overcome excessIVe wetness. Seal- Ing or lining with impervious soil material IS needed for sewage lagoon areas. Potential is low for septic tank absorption fields, playgrounds, trench type sanitary land- fills, and shallow excavations. Water control measures are needed to help overcome excessive wetness. Mounding can be needed for septic tank absorption fields. The sandy surface layer should be stabilized for playground use. Sealing or lining with impervious material is needed for trench type sanitary landfills, and sidewalls of shallow excavations should be shored. This soil is in capability subclass IIlw. 33-PI18. This map unit consists of excavations from which soil and geological material have been removed ST. LUCIE COUNTY AREA, FLORIDA 15 '-" ~ Figure 6,-Young citrus grove on Ankona sand. A good water control system is needed before citrus can be grown on this soil. ~ 4-Arents, 0 to 5 percent slopes. This soil consists of soil material dug from several areas that have differ- ent kinds of soil. It is used to fill such areas as low sloughs, marshes, shallow depressions, and swamps above their natural ground levels. . In most places, the Arents soil is made up of loose, ~dy mineral material; however, amounts of loamy and ",eakly cemented sandy materials that were subsoils in . .....J~tt1er .areas are mixed throughout. A variable mixture of h~nses. streaks, and pockets occur within short dis- ,:/~es. Depth of the fill material ranges from about 20 to i:·I~ll1ches. Several kinds of mineral soils underlie the fill J",,ªterial. ~,~!",CIUded with this soil in mapping are small areas of Canaveral soil and sandy fill material that does not con- tain fragments of former subsoils. Also included are areas that are used as trench type sanitary landfills. These areas are made up of 50 to 80 percent solid waste materials; for example, plastic, wood, paper, metal, or glass. They are identified on the soil map as "Sanitary landfill." The water table in this Arents soil is between depths of 20 and 50 inches for most of the year. Available water capacity and permeability are variable. This soil has severe limitations for cultivated crops because of periodic wetness and low fertility. It has medium potential for vegetable crops if a water control system that removes excess water in wet seasons and .-::.' ;~;,-i¡il{~:' , ":..:\;.?.-:-:',;:_~::;-- ;' - ,."-~<."".,,.> 16 provides for irrigation in dry seasons is installed. Good "" . management practices include crop rotation with close ...... growing crops grown at least two-thirds of the time, the plowing under of soil improving crops and other crop residue, and the application of fertilizer and lime accord- ing to the need of the crop. This soil is poorly suited to citrus unless good water control is provided. It has medium potential for citrus if a well designed water control system is installed. Excess water needs to be rapidly removed from the soil to a depth of about 4 feet Planting trees in beds lowers the effective depth of the water table. A cover of close growing vegetation should be maintained between the trees to protect the soil from erosion. Trees require regu- lar applications of fertilizer. Lime is needed on some areas. Irrigation can be needed in seasons of low rain- fall. This soil has medium potential for improved pasture grasses. Pangolagrass and bahiagrass grow well. A water control system that removes excess surface water in times of high rainfall is needed. Regular applications of fertilizer are needed, and lime is needed in some areas. Carefully controlled grazing helps to maintain healthy plants for highest yields. This soil has medium potential for pine. Slash pine is better suited than other species. Equipment limitations and seedling mortality are the major management con- cerns. . Except in areas of sanitary landfill, thi~-.Soil has higQ ~ potential for dwellin s without basements, small _ mercial bur Ings, an loca roa s an strèets. Wate contro sures are nee ed to e overcome exces- sIve wetness. The sandy surface layer nee s to be sta i- ìized for playground use. Except in areas of sanitary landfill, potential is medium for septic tank absorption fields and shallow excavations. Water control and the shoring of sidewalls for shallow excavations are needed. Potential is low for trench type sanitary landfills. Water control and sealing and lining with impervious soil materi- al are needed. Potential is very low for sewage lagoon areas. Water control and sealing or lining with impervious material are needed. , This soil is in capability subclass IIlw. 5-Arents, 45 to 65 percent slopes. This soil con- sists of soil materials dug from canals and piled along- side, and materials excavated during construction of highway overpasses and interchanges and used for em- bankments. Most areas are long and narrow and have narrow ridgetops. In most places, the Arents soil is made up of inter- mixed sandy mineral materials and amounts of loamy and weakly cemented sandy materials that were sub- soils. A variable mixture of lenses, streaks, and pockets occur within short distances. Depth of the material ranges from a few inches at the outer edges of areas to o feet or more. '-'" SOIL SURVEY Included with this soil in mapping are small areas of sandy material that do not contain fragments of former subsoils and a few areas where the slope is less than 45 percent. The included soils make up less than 30 per- cent of the mapped area. This Arents soil is not suited to cultivated crops, citrus, improved pasture, or pine. It has very low potential for these uses. Some areas have been shaped to help reduce erosion, and some areas have been covered with vegetation. Spanish needle, natalgrass, and a few other native grasses produce a sparse cover in some areas. This soil has low potential for septic tank absorption fields, dwellings without basements, small commercial buildings, local roads and streets, playgrounds, trench type sanitary landfills, shallow excavations, and sewage lagoon areas. Water control measures are needed to overcome excessive wetness for septic tank absorption fields, buildings without basements, and small commer- cial buildings. Unstable organic material needs to be removed for local roads and streets, and should be re- placed with suitable material if the soil is to be used for dwellings without basements and small commercial build- ings. The sandy surface layer should be stablized for playground use. Sealing or lining with impervious soil material is needed to help overcome excessive seepage for trench type sanitary landfills and sewage lagoon areas, and, in addition, water control measures are needed for sewage lagoon areas. Shoring of sidewalls is needed for shallow excavations. This soil is in capability subclass Vile. 6-Arents, organic substratum. This soil consists of soil materials dug from several areas with different kinds of soils that have been spread over muck in marshes or mangrove swamps. Slope ranges· from 0 to 2 percent. In most places, the Arents soil is made up of loose, sandy mineral material; however, amounts of loamy and weakly cemented sandy material that were subsoils in other areas are mixed throughout. A variable mixture of lenses, streaks, and pockets are within short distances. Depth of the fill material ranges from about 20 to 70 inches. Muck of variable thickness underlies the fill mate- rial, and mineral material underlies the muck. Included with this soil in mapping are small areas that do not have a muck layer and areas that do not have fragments of former subsoils. The water table in this Arents soil is within a depth of 50 inches for most of the year. Available water capacity and permeability are variable. , This soil has severe limitations for cultivated crops because of periodic wetness and low fertility. It has medium potential for vegetable crops if a water control system that removes excess water in wet seasons and provides for irrigation in dry seasons is installed. Good mana~er:nent practice~ include crop rotation that keeps the soli In close growing crops at least two-thirds of the time, the plowing under of soil improving crops and crop 50 '-' of about 4 feet and protects the soil from ponding is installed. Planting trees in beds lowers the effective depth of the water table. A good cover of close growing vegetation is needed between the trees to protect the soils from blowing when the trees are young. Regular applications of fertilizer and occasional liming are re- quired. Under natural conditions, this soil is not suited to im- proved pasture. However. it has high potential for good quality pasture of improved grasses if proper water con- trol is provided. Excellent pasture of grass or grass- clover mixtures can be grown with good management. Regular applications of fertilizer are required. Controlled grazing is needed for highest yields. This soil has low potential for pine. Slash pine is better suited than other species. Water control is needed before trees can be planted. Equipment limitations and seedling mortality are management concerns. This soil has high potential for sewage lagoon areas. Water control measures are needed to overcome exces- sive wetness. The potential is medium for shallow exca- vations. Water control measures are needed. Potential is low for septic tank absorption fields. dwellings without basements. small commercial buildings, local roads and streets. I playgrounds. and trench type sanitary landfills. Water, control measures help to overcome excessive wetness. Fill material is needed for septic tank al8sorp- '-"" tion fields, dwellings without basements. small commer- cial buildings. local roads and streets. and playgrounds. Mounding of septic tank absorption fields can be needed. This soil is in capability subclass Vllw. ~55-Winder loamy sand. This poorly drained. nearly level soil is in hammocks and along drainageways. Slopes are smooth to convex and range from 0 to 2 percent. Typically, the surface layer is 6 inches thick. It is black loamy sand in the upper 3 inches and very dark gray loamy sand in the lower 3 inches. The subsurface layer is sand 6 inches thick. It is grayish brown in the upper 3 inches and light brownish gray in the lower 3 inches. The subsoil extends to a depth of 61 inches. In sequence, it is dark grayish brown sandy clay loam with a few light brownish gray sandy tongues of the subsurface layer in the upper 9 inches; gray sandy clay loam in the next 12 inches; dark gray sandy loam in the next 16 inches; and gray loamy sand in the lower 12 inches. The substratum, to a depth of 80 inches or more, is light gray sand. Included with this soil in mapping are small areas of Wabasso. Wabasso Variant, Floridana. Hallandale, Pineda, Riviera, and Winder Variant soils. Also included are areas that have a dark surface layer more than 7 inches thick. The included siols make up less than 20 percent of any mapped area. ~ The water table of Winder loamy sand is at a depth of less than 10 inches for 2 to 4 months and between depths of 10 to 40 inches for most of the rest of year. Only for short periods in dry seasons is the waf table below a depth of 40 inches. Available water cap" ity is low in the surface and subsurface layers. It .' moderate in the subsoil and very low in the substraturn~ Permeability is rapid in the surface and subsurfa: layers. It is slow to very slow in the subsoil and moder~? ate to rapid in the substratum. Natural fertility and orga ic matter content are low. .' Almost all of the acreage has been cleared and i$1,. planted to citrus. Natural vegetation is cabbage palm', willow oak. scattered longleaf pine. and slash pine and; an understory of waxmyrtle and sawpalmetto. The most!, common native grasses are pinel and threeawn and blue;] maidencane. Toothache grass, broomsedge, creepingl bluestem. Florida paspalum. sand cordgrass, and pani-C2 cums are other grasses. Under natL!ral conditions, this soil has severe limita- ". tions for cultivated crops. However. it has high potential! for vegetable crops if a water control system is installed and good management is practiced. Good soil manage- ment includes crop rotation that keeps the soil in close growing cover crops at least two-thirds of the time. Cover crops and crop residue should be plowed under. Seedbed preparation should include bedding. Fertilizer should be applied according to the need of the crop. Under natural conditions, this soil is poorly suited to citrus. However. it has high potential for citrus if a water control system that maintains good drainage to a depth of about 4 feet is installed. Planting trees in beds lowers ....1,·.· the effective depth of the water table. A good cover of,l close growing vegetation is needed between the trees to .~ protect the soil from blowing when the trees are young. '1 Regular applications of fertilizer and occasional liming, are required. This soil has high potential for improved pasture grasses. Pangolagrass. bahiagrass. and clovers are well suited. Excellent pasture of grasses or grass-clover mix- tures can be grown if good management is practiced. Regular applications of fertilizer are required. Controlled grazing is needed for highest yields. This soil has high potential for pine. Slash pine is the best adapted species. Water control is needed if the production potential is to be realized. Limitations to use of equipment and seedling mortality are management concerns. This soil has high potential for dwellinas without base- ments, small commercial buildinas. local roads and ---streets, shallow excavations, and sewage lagoon areas..... The potential is medium for septic tank absorption fields, playgrounds, and trench type sanitary landfills. Water control measures are needed to help overcome exces- sive wetness. This soil is in capability subclass IIlw. 56-Winder Variant sand. This poorly drained, nearly level soil is on low hammocks and along poorly defined ST. LUCIE COUNTY AREA. FLORIDA Figure g.-Profile of Hallandale sand. Hard limestone is a few inches below the surface. "ater table near the surface during much of the year '/~verely restrict root development. The soil has medium ,Potential for vegetable crops if a good water control <~em is installed and soil improving measures are '\·~d. Excess water in wet seasons needs to be removed :~:J~rfhe production potential of this soil is to be realized. c;" . use rock is near the surface, the construction of a water control system is difficult. Close growing, soil roving crops should be kept on the soil three· fourths e time and rotated with the row crops. The soil oving crops and crop residue should be plowed .' . Fertilizer and lime should be applied according to need of the crop. is soil has medium potential for citrus if very inten- ,. management that includes a carefully designed 81'. control system is provided. The water control ,¥11 Should maintain the water table below a depth of -* 23 about 4 feet. Planting trees in beds lowers the effective depth of the water table. A vegetative cover should be maintained between the trees. Regular applications of. fertilizer and lime are needed. This soil has high potential for improved pasture grasses. Pangolagrass, improved bahiagrasses, and white clover grow well if they are well managed. Water control measures are needed to remove excess surface water after heavy rains, and regular applications of fertil- izer and lime are required. Grazing should be controlled to prevent overgrazing and weakening of the plants. This soil has low potential for pine. Slash pine is the best adapted species. The hazard of windthrow, equip- ment limitations, and seedling mortality are the main management concerns. Proper water control is needed if the production potential is to be realized. This soil has medium potential for dwellings without basements, small commercial buildings, local roads and streets, and playgrounds. Water control measures are needed. The sandy surface layer should be stabilized for playground use. Potential is low for septic tank absorp- tion fields, trench type sanitary landfills, shallow excava- tions, and sewage lagoon areas. Water control measures are needed. Sealing or lining with impervious soil materi· al helps to reduce excessive seepage for trench type sanitary landfills and sewage lagoon areas. This soil is in capability subclass IVw. ~6-HIIOIO loamy sand. This poorly drained, nearly level soil is on hammocks and along borders of depres- sional areas and sloughs. Slopes are smooth to convex and are less than 1 percent in most places, but they range from 0 to 2. percent. Typically, the surface layer is loamy sand 7 inches thick. It is very dark gray in the upper 2 inches and black in the lower 3 inches. The subsoil extends to a depth of 53 inches. In sequence from the top of this layer, it is dark gray fine sandy loam in the upper 5 inches; dark gray sandy clay loam in the next 16 inches; gray fine sandy loam in the next 8 inches; and olive gray fine sandy loam in the lower 17 inches. The substratum, to a depth of more than 80 inches, is light olive gray loamy fine sand in the upper 21 inches and gray fine sandy loam below this layer. Included with this soil in mapping are small areas of Winder Variant, Hallandale, Pineda, Pople, and Riviera soils. Also included are a few areas that have limestone boulders in the subsoil and areas that have a light col· ored subsurface layer. The included soils make up less than 35 percent of any mapped area. The water table in Hilolo loamy sand is at a depth of less than 10 inches for 2 to 4 months in most years. It is between depths of 10 to 40 inches for 6 to 9 months and below a depth of 40 inches during dry periods. Available water capacity is low to medium in the surface layer and substratum and medium in the subsoil. Perme- 24 \..r ability is moderate to moderately slow in the subsoil and slow to very slow in the substratum. Natural fertility and organic matter content are moderate. Most of the acreage has been cleared and is used for citrus. Natural vegetation is cabbage palms, water oak, longleaf pine, and slash pine, and an understory of wax- myrtle, sawpalmetto, and inkberry. The most common native grass is pinel and threeawn. This soil has severe limitations for cultivated crops because of wetness. It has high potential for vegetable crops if a complete water control system is installed and maintained. Such a system should remove excess sur- face water and internal water rapidly, and provide for subsurface irrigation. Good soil management includes crop rotation that keeps the soil in close growing crops at least two-thirds of the time. These soil improving crops and crop residue should be plowed under. Other important management practices are good seedbed preparation that includes bedding, and the application of fertilizers according to the need of the crop. This soil has high potential for citrus if a water control system that maintains good drainage to about a depth of 4 feet is installed. Planting the trees in beds lowers the effective depth of the water table. A good cover of close growing vegetation should be maintained between the trees to protect the soil from erosion. Regular applica- tio~s of fertilizer are required, but liming is not needed. This soil has high potential for improved pasture grasses. It is well suited to pangolagrass, bahiagrassé$, and clovers. Good pastures of grass or grass-clover mix- tures can be grown with good management. Regular applications of fertilizer are needed, and grazing should be controlled for highest yields. This soil has medium potential for pine. Slash pine is better adapted than other species. Water control is needed if the production potential is to be realized. Equipment limitations and seedling mortality are the main management concerns. T 's soil has hi h otential for dwellin s without base- ments. small commercl UI Ings, aca roa s an streets, and sewage lagoon areas and medium potentiaT lor playgrounas, trench e sanita landfills, and snaf- ow a Ions. ater contro measures are nee e 0 'Overcome excessIVe wetness. The sanay surlàce layer should be stabilized for playground use. Potential is low for septic tank absorption fields. Water control measures are needed, and the size of the absorption field should be increased. This soil is in capability subclass IIIw. 17-Hobe sand, 0 to 5 percent slopes. This some- what excessively drained, nearly level and gently sloping soil is on ridges and knolls in the flatwoods. Slopes are smooth to convex. Typically. the surface layer is gray sand 5 inches thick. The subsurface layer is white sand 50 inches thick. The subsoil extends to a depth of more than 80 inches. It is ~ '-' .~ :~ .~ -~ ,'.J, SOIL SURV~ .;~ black sand in the upper 10 inches and light brownish gray sandy loam below this layer. Included with this soil in mapping is about 15 percent Electra, Jonathan, and Pendarvis soils. Also included are about 30 percent areas that do not have an argillic horizon within a depth of 80 inches. The included soils make up 30 percent of any mapped area. The water table in Hobe sand is between depths of 50 to 60 inches for brief periods following heavy rainfall. It is generally between depths of 60 to 80 inches in wet seasons and below a depth of 80 inches during dry seasons. Available water capacity is very low in the sur- face and subsurface layers and medium in the subsoil. Permeability is rapid in the surface and subsurface layers and moderate in the subsoil. Natural fertility and organic matter content are very low. In a large part of the acreage, natural vegetation is long leaf pine and slash pine in the lower areas and sand pine in the higher areas. The understory is scrub oak, rosemary, sawpalmetto, running oak, and pineland threeawn (fig. 10). This soil is not suited to cultivated crops. It has low potential for citrus and improved pasture grasses and very low potential for vegetable crops. This soil has very low potential for pine. Sand pine is better adapted than other species. Equipment limitations and seedling mortality are the main management con- cerns. This soil has very high potential for dwellings without basements, small commercial buildings, and local roads and streets. No corrective measures are needed. Poten- tial is high for septic tank absorption fields and play- grounds. Water control measures are needed for septic tank absorption fields. The sandy surface layer should be stabilized for playground use. Potential is medium for shallow excavations. Water control is needed, and sidewalls should be shored. Potential is low for trench type sanitary landfills and sewage lagoon areas. Water control is needed. Sealing or lining with impervious soil material helps to overcome excessive seepage. This soil is in capability subclass Vis. 18-Hontoon muck. This very poorly drained, nearly level organic soil is in fresh water swamps and broad marshes. Slopes are smooth to concave and are less than 1 percent in most places, but they range from 0 to 2 percent. Typically, the surface layer is dark reddish brown muck about 6 inches thick. It is underlain to a depth of about 55 inches with dark .reddish brown muck. Between depths of about 55 to 60 inches is black muck that has a high mineral content. Included with this soil in mapping are small areas of Samsula Variant, Kaliga, and Myakka Variant soils. The included soils make up about 20 percent of any mapped area. ST. LUCIE COUNTY AREA, FLORIDA \.... A large part of the acreage has a water control system established and is planted to citrus. Natural vegetation in the depressional areas is sandweed and stillingia. Blue maidencane and, in places, cypress grow along the ridges of the depressional areas. Vegetation along the slight ridges is cypress, cabbage palms, and scattered longlea1 pine or slash pine and an understory of sawpal- metto, waxmyrtle, pineland threeawn, and chalky blues- tern. Under natural conditions, this soil is not suited to culti- vated crops. It has high potential for vegetable crops, however, if a complete water control system to protect the soil from ponding and to remove excess water rapid- ly is installed. Good soil management includes crop rota- tion that keeps the soil in close growing cover crops at least two-thirds of the time. The cover crops' and crop residue should be plowed under. Seedbed preparation should include bedding. Fertilizer should be applied ac- cording to the need of the crop. Under natural conditions, this soil is' not suited to citrus. However, it has high potential for citrus if a water control system that maintains good drainage to a depth of about 4 feet is installed. Planting the trees in beds lowers the effective depth of the water table. A cover of close growing vegetation is needed between the trees to nrotect the soil from blowing when the trees are young. e ]ular applications of fertilizer are required. '-Onder natural conditions, this soil is not suited to im- proved pasture. However, it has high potential for good quality improved pasture if proper water control is pro- vided. Excellent pastures of grass or grass-clover mix- , ,tl.lres can be grown with good management. Regular "applications of fertilizer are required. Controlled grazing ,Í$needed for highest yields. >'This soil has low potential for pine. Slash pine is better ~uited than other species. A water control system that ,removes excessive surface water is needed before trees .r~n be planted. Seedling mortality and equipment limita- ,~s are management concerns. '"';This soil has medium potential for sewage lagoon "S if. water control measures are provided to help ~me excessive wetness. Sealing or lining with im- (Jus material help to reduce excessive seepage. Po- l is low for septic tank absorption fields, dwellings ut basements, small commercial buildings, local and streets, playgrounds, trench type sanitary Is, and shallow excavations. Water control meas- re needed. Fill material is needed for septic tank tion fields, buildings without basements, small rcial buildings, local roads and streets, and for u~d use. Sealing or lining with impervious soil IS needed for trench type sanitary landfills, and s of shallow excavations should be shored. i"g can be needed for septic tank absorption soil is in capability subclass Vllw. 37 ~ 38-Rlvlera fine saOd. This poorly drained, nearly level soil is in hammocks and along drainageways. Slopes are smooth to convex and range from 0 to 2 percent. Typically, the surface layer is dark grayish brown fine sand about 5 inches thick. The subsurface layer is 18 inches thick. It is light gray fine sand in the upper 9 inches and grayish brown fine sand in the lower 9 inches. The subsoil extends to a depth of 54 inches. It is gray sandy clay loam that has light gray vertical penetra- tions of sand. The substratum, to a depth of 80 inches or more, is greenish gray loamy fine sand and fine sand. Included with this soil in mapping are small areas of Wabasso, Wabasso Variant, Floridana, Hallandale, Pineda, Winder Variant, and Winder soils. Also included are areas that have a dark surface layer of more than 6 inches and other areas that have a stained layer of organic matter above the subsoil. The included areas make up less than 20 percent of any mapped area. This Riviera soil has a water table at a depth of less than 10 inches for 2 to 4 months in most years, and at a depth of 10 to 30 inches for most of the rest of the year. Only for short periods in dry seasons is the water table below a depth of 40 inches. Available water capacity is low in the surface and subsurface layers and moderate in the subsoil and substratum. Permeability is rapid in the surface and subsurface layers, slow to very slow in the subsoil, and rapid in the substratum. Natural fertility and organic matter content are low. Nearly all of the acreage has been cleared and is planted to citrus. Natural vegetation is cabbage palms and scattered longleaf pine and slash pine and an un- derstory of waxmyrtle and sawpalmetto. The most common native grasses are pineland threeawn and blue maidencane. Toothachegrass, broomsedge, creeping bluestem, Florida paspalum, sand cordgrass, and pani- cums are other grasses. This soil has severe limitations for cultivated crops. However, it has high potential for vegetable crops if a water control system is installed to remove excess water and provide for subsurface irrigation. Good soil manage- ment includes crop rotation that keeps the soil in close growing cover crops at least two-thirds of the time. Cover crops and crop residue should be plowed under. Seedbed preparation should include bedding. Fertilizer should be applied according to the need of the crop. Under natural conditions, this soil is poorly suited to citrus. However, it has high potential for citrus if a water control system that maintains good drainage to a depth of about 4 feet is installed. Planting the trees in beds lowers the effective depth of the water table. A good cover of close growing vegetation is needed between the trees to protect the soil from blowing, when the trees are young. Regular applications of fertilizer are required. This soil has high potential for improved pasture grasses. It is well suited to pangolagrass, bahiagrasses, and clovers. Excellent pasture of grass or grass-clover 38 mixtures can be grown with good management. Regular .' 'Pplications of fertilizer are required, and controlled graz- '-'1g is needed for highest yields. This soil has high potential for pine. However, a water control system is needed if the production potential is to be realized. Equipment limitations and seedling mortality are the main management concerns. This soil has hiah Dotential for dwellings without base- ments, small commercial buildin s local roads and s reets, an shallow excavations. Water contro meq- ures are needed to help overcome excessive wetness. ~otential is mealum Tor septIc tank absorption fields, playgrounds, trench type sanitary landfills, and sewage lagoon areas. Water control practices are needed. The sandy surface layer should be stabilized for playground use. Trench type sanitary landfills and sewage lagoon areas should be sealed or lined with impervious soil material to help overcome excessive seepage. Sidewalls of shallow excavations need to be shored. This soil is in capability subclass IIIw. 39-Salerno sand. This poorly drained, nearly level soil is in flatwood areas. Slopes are smooth to convex and range from 0 to 2 percent. Typically, the surface layer is black sand about 5 inches thick. The subsurface layer is light grayish brown sand about 50 inches thick. The subsoil is black, weakly cemented sand to a depth of about 68 inches. The ~'Jbstratum, to a depth of 80 inches or more, is dark \........lyish brown sand in the upper 5 inches and olive gray -!rind below this layer. Included with this soil in mapping are areas of similar soils that have a loamy layer below a depth of 60 inches and a weakly developed subsoil and areas where the subsoil extends to a depth of more than 80 inches. Also included are small areas of Pendarvis soils and Wave- land soils. The included soils make up about 25 percent of any mapped area. The Salerno soil has a water table within a depth of 10 inches for 2 to 4 months in the wet seasons in most years and recedes to a depth of below 40 inches during extended dry seasons. Available water capacity is low in the surface layer, very low in the subsurface layer, medium in the subsoil, and very low to low in the sub- stratum. Permeability is rapid in the surface and subsur- face layers, very slow to moderately slow in the subsoil, and rapid in the substratum. Internal drainage is slow because of a shallow water table. Natural fertility and organic matter content are low throughout. In a large part of the acreage, natural vegetation is open forest of south Florida slash pine and an under- story of sawpalmetto, pawpaw, and inkberry. The most common native grasses are pineland threeawn and Flor- ida threeawn, lopsided indiangrass, and several varieties of bluestem. This soil has very severe limitations for cultivated ps. Very intensive management practices are needed. '--' The soil has medium potential for a variety of vege crops if a water control system that removes excesí. water in wet seasons and provides for subsurface irrig";:;, tion in dry seasons is provided. Close growing, soil im;~ proving cròps that are kept on the soil three-fourths oft the time should be rotated with the row crops. Soil im-;' proving crops and crop residue should be plowed under.', Seedbed preparation should include bedding of roWs.; Fertilizer and lime should be applied according to the:t need of the crops., The soil is poorly suited to citrus unless very intensive; management is provided. However, it has low potential: for citrus if a carefully designed water control system is installed that maintains the water table below a depth of 4 feet. Planting the trees in beds lowers the effective depth of the water table. A vegetative cover should be maintained between the trees. Regular applications of fertilizer and lime are needed. )' This soil has medium potential for improved pasture grasses. Pangolagrass, improved bahiagrasses, and white clover grow well if they are well managed. Water control measures are needed to remove excess surface water after heavy rains. Regular applications of fertilizer and lime are needed. Grazing should be controlled to prevent overgrazing and weakening of the plants. This soil has low potential for pine. Slash pine is better suited than other trees. This soil has high potential for dwellings without base- ments, small commercial buildings, and local roads and streets. Water control measures are needed to over- come excessive wetness. Potential is medium for septic tank absorption fields, playgrounds, trench type sanitary landfills, and sewage lagoon areas. Water control meas- ures are needed. The sandy surface layer should be stabilized for playground use. Trench type sanitary land- fills and sewage lagoon areas need to be sealed or lined with impervious material. Sidewalls of shallow excava- tions should be shored. This soil is in capability subclass IVw. 4o-Samsula Variant-Myakka Variant association. This association consists of very poorly drained, nearly level soils in the marshes of the Savannahs. Samsula Variant soils are generally in the center of ar9as where organic material is thicker, and Myakka Variant soils are on the outer edges or rims. The soils are regular in shape and uniform. Areas of each soil are large enough to map separately, but mapping is extremely difficult due to the dense vegetation and wetness, and because of foreseeable use, the soils were not separated in map- ping. Slope is less than 2 percent. Samsula Variant soils make up about 60 percent of the association, and Myakka Variant soils make up 30 percent. Other soils make up 10 percent of the map unit. Typically, the surface layer of the Samsula Variant soils is black muck about 25 inches thick. Below this layer is 4 inches of black mucky sand and 7 inches of 32 tations and seedling mortality are the main management concerns. This soil has very high potential for dwellings without basements, small commercial buildings, and local roads and streets. No corrective measures are needed. Poten- tial is high for septic tank absorption fields. Water control is needed. Potential is medium for playgrounds, trench type sanitary landfills, shallow excavations, and sewage lagoon areas. The sandy surface layer should be stabi- lized for playground use. Water control measures are needed for many uses. Sealing or lining with impervious soil material is needed for trench type sanitary landfills and sewage lagoon areas. Shoring of sidewalls is needed for shallow excavations. This soil is in capability subclass Vis. 30-Pendarvls-Urban land complex. This complex consists of Pendarvis sand and Urban land. The compo- nents are so intermingled they cannot be separated at the scale used for mapping. Slope ranges from 0 to 5 percent. About 50 to 70 percent of the complex is nearly level to gently sloping Pendarvis soils or Pendarvis soils that have been reworked or reshaped but are still recogniz- able as Pendarvis soil, and 15 to 50 percent is Urban land. Typically, the Pendarvis soil has a surface layer of very dark gray sand 6 inches thick. The subsurface layer is light gray sand 42 inches thick. The subsoil extends to a ~'depth of 80 inches or more. It is black, weakly cemented loamy sand in the upper 14 inches; dark reddish brown sand in the next 14 inches; and dark yellowish brown loamy sand in the lower part. The areas of Urban land are eovered by houses, streets, drivèways, buildings, parking lots, and similar uses. Unoccûpied areas are mostly lawns, vacant lots, or playgrounds made up of Pendarvis soil. These areas are so small and intermixed with Urban land that it is imprac- tical to map them separately. Included with this complex in mapping are about 15 percent areas of Lawnwood, Satellite, Electra, and Wa- veland soils which are not covered by urban facilities. Also included are a few areas that have as much as 80 percent or as little as 10 percent Urban land. Areas of soils that have been modified by grading and shaping are more extensive in newer communities than in older communities. Streets are commonly excavated below the original soil surface and the material excavat- ed is spread over the adjacent area. Sand material from drainage ditches is often used as fill for sloughs or depressional areas. In addition, material from outside the area is frequently hauled in for fill. In undrained areas, this complex has a water table perched above the subsoil for 1 to 4 months in the summer rainy season and between depths of 40 to 60 inches for most of the rest of the year. However, drain- ~ 1ge systems have been established in most areas and '-'" SOIL SURV depth to the water table depends upon the efficiency the drainage system. Present land use precludes the use of this complex f cultivated crops, citrus, or improved pasture. The complex is not placed in a capability subclass. ~ 31-PeDDer sand.... This poorly drained, nearly level soil is on broad areas of flatwoods. Slopes are smooth to convex and range from 0 to 2 percent. Typically, the surface layer is sand 9 inches thick. It is black in the upper 6 inches and dark gray in the lower 3 inches. The subsurface layer is gray sand 14 inches· thick. The subsoil extends to a depth of 99 inches or more. It is black, weakly cemented sand in the upper 10 inches, dark reddish brown sand in the next 15 inches; dark brown sand in the next 9 inches, and olive gray and light olive gray sandy loam in the lower part. Included with this soil in mapping are small areas of Lawnwood, Nettles, Pineda, Tantile, and Wabasso soils. The included soils make up less than 20 percent of any mapped area. Pepper sand has a water table within a depth of 10 inches for 2 to 4 months during the summer rainy season and between depths of 10 to 40 inches for 6 months during most years. It is perched above the sub- soil during the summer rainy season and after periods of heavy rainfall. Available water capacity is low in the sur- face layer, very low in the subsurface layer, and low to medium in the subsoil. Permeability is rapid in the sur- face and subsurface layers and very slow to slow in the subsoil. Natural fertility and organic matter content are low. In a large part of the acreage, natural vegetation is open forest of south Florida pine and an understory of sawpalmetto, running oak, inkberry, and fetterbush. The most common native grasses are pineland threeawn and Florida threeawn. Other grasses include several varieties of bluestem. This soil has very severe limitations for cultivated crops. It has medium potential for vegetable crops if water control and other good management practices are provided. A water control system is needed to remove excess water in wet seasons and provide for subsurface irrigation in dry seasons. Soil improving crops should be kept on the soil three-fourths of the time and rotated with the row crops. These soil improving crops and crop residue should be plowed under. Bedding of rows should be included in seedbed preparation. Fertiliz~r and lime should be applied according to the need of the crop. This soil has low potential for citrus. It is suited to citrus if a carefully designed water control system is installed that maintains the water below a depth of about 4 feet. Planting trees in beds lowers the effective depth of the water table. A vegetative cover should be main- tained between the trees. Regular applications of fertiliz- er and lime are needed. ST. LUCIE COUNTY AREA, FLORIDA ~is soil has medium potential for improved pasture grasses. Pangolagrass, improved bahiagrasses, and white clover grow well if they are well managed. Water control measures are needed to remove excess surface water after heavy rains. Regular applications of fertilizer and lime are required. Grazing should be controlled to prevent overgrazing and weakening of the plants. This soil has medium potential for pine. Slash pine is better suited than other species. Equipment limitations and seedling mortality are management concerns. This soil hAA high potential for dwellings without base- ments, small commercial buildings, local roads and 'streets, and sewage lagoon areas. Water control meas- . ures help to overcome excessive wetness. The size of absorption fields may need to be increased because of slow permeability. Sealing or lining of sewage lagoon areas helps to overcome excessive seepage. Potential is medium for septic tank absorption fields, playgrounds, trench type sanitary landfills, and shallow excavations. Water control measures are needed to overcome exces- sive wetness. The sandy surface layer should be stabi- lized for playground use. Sealing or lining with impervious soil material is needed for trench sanitary landfills and sewage lagoon areas to reduce excessive seepage. Shoring of, sidewalls is needed for shallow excavations. This soil is in capability subclass IVw. ... \......... -Pineda sand. This poorly drained, nearly level soil . ." n low hammocks; in broad, poorly defined sloughs; ..,d on flats. Slopes are smooth to concave and range ,.' from 0 to 2 percent. . , Typically, the surface layer is sand 6 inches thick. It is "'Very dark grayish brown in the upper 3 inches and dark ..,,!)rown in the lower 3 inches. The upper part of the ~j~bsoil extends to a depth of 34 inches. It is yellowish :~;þrown sand in the upper 6 inches, strong brown sand in ~.,,º,~ next 9 inches, and pale brown sand in the lower 13 .i~o.;þches. A layer of light gray sand 4 inches thick sepa- ,,·l;!:,..tes the upper part of the subsoil from the lower part. e lower part of the subsoil is olive gray sandy loam extends to a depth of 52 inches. The upper 4 inches intrusions of white sand. The substratum, to a depth inches or more, is gray loamy sand. luded with this soil in mapping are small areas of , Wabasso Variant, Hallandale, Malabar, Pop Ie, I"a, Winder, and Winder Variant soils. Also included reas of soils similar to Pineda soils that have a dark directly overlying the yellowish layer. The included . make up less than 20 percent of any mapped area. " a sand has a water table at a depth of less than hes for 1 to 6 months and between depths of 10 Inches for most of the rest of the year. In a few the soil is covered with shallow standing water for <1 days to 6 months. For short periods in dry the water table is below a depth of 40 inches. e water capacity is very low in the surface and .~ace layers and substratum and moderate in the 33 subsoil. Permeability is rapid in the surface and subsur- face layers, slow to very slow in the subsoil, and moder- ately rapid to rapid in the substratum. Natural fertility and organic matter content are low. A large part of the acreage has been cleared and is plantett to citrus. Natural vegetation in sloughs is scat- tered slash pine, waxmyrtle, cabbage palm in places, scattered sawpalmetto, blue maidencane, and pineland threeawn. Along the broad, poorly defined drainageways and on flats, natural vegetation is scattered waxmyrtle, sandweed, and maidencane. This soil has severe limitations for cultivated crops, but it has high potential for vegetable crops. A water control system is needed to remove excess water and to pro- vide for subsurface irrigation. Good management in- cludes crop rotation that keeps the soil in close growing cover crops at least two-thirds of the time. The cover crops and crop residue should be plowed under. Seedbed preparation should include bedding. Fertilizer should be applied according to the need of the crop. Under natural conditions this soil is poorly suited to citrus. It has high potential for citrus if a water control system that maintains good drainage to a depth of about 4 feet is installed. Planting the trees in beds lowers the effective depth of the water table. A good cover of close growing vegetation is needed between the trees to pro- tect the soil from erosion when the trees are young. Regular applications of fertilizer are needed. This soil has high potential for improved pasture grasses. It is well suited to pangolagrass, bahiagrasses, and clovers. An excellent pasture of grass or a mixture of grass-clover can be grown with good management. Regular applications of fertilizer are required. Controlled grazing is needed for highest yields (fig. 11). This soil has medium potential for pine. Slash pine is better suited than other species. A water control system is needed if the production potential is to be realized. Equipment limitations and seedling mortality are the main management concerns. This soil has high potential for dwellings without base- ments, small commercial buildings, local roads and streets, and sewage lagoon areas. Water control meas- ures are needed to overcome excessive wetness. Seal- ing or lining with impervious soil material is needed for sewage lagoon areas. Potential is low for septic tank absorption fields, playgrounds, trench type sanitary land- fills, and shallow excavations. Water control measures are needed to help overcome excessive wetness. Mounding can be needed for septic tank absorption fields. The sandy surface layer should be stabilized for playground use. Sealing or lining with impervious material is needed for trench type sanitary landfills, and sidewalls of shallow excavations should be shored. This soil is in capability subclass IlIw. 33-Plts. This map unit consists of excavations from which soil and geological material have been removed 20 .. ~ 11-Chobee loamy sand. This very poorly drained, ~ nearly level SOli IS In smáll fc> large depressional areas, along poorly defined drainageways, and on low lying flats. Slopes are smooth to concave and are less than 1 percent in most places, but they range from 0 to 2 percent. Typically, the surface layer is black loamy sand 11 inches thick. The subsoil, to a depth of 80 inches or more, is sandy clay loam. In sequence from the top, it is black in the upper 13 inches; very dark gray in the next 11 inches; dark gray in the next 5 inches; gray with light gray calcareous nodules in the next 30 inches; and gray in the lower part. Included with this soil in mapping are small areas of Winder Variant, Floridana, Hallandale, and Kaliga soils. Also included are areas of soils that have a thin muck surface layer. These soils are generally in the center of areas. The included soils make up less than 20 percent of· any mapped area. The water table in Chobee loamy sand is above the surface for 6 to 9 months in most years and within a depth of 10 inches for most of the rest of the year. In dry seasons, it is below a depth of 40 inches for short periods. Available water capacity is medium, and perme- ability is moderately rapid in the surface layer and slow to very slow in the subsoil. Natural fertility is high. A large part of the acreage is planted to citrus. Natural vegetation is pickerelweed, lilies, and sawgrass in tree- \.....- less areas and cypress or swamp maple, sweetgum, water oak, and cabbage palm in wooded areas. Under natural conditions, Chobee soil has severe limi- tations for cultivated crops because of wetness. Howev- er, it has high potential for many crops if a well designåd and maintained water control system that provides rapid removal of excess water during heavy rains is installed. Other soil management practices should include good seedbed preparation, crop rotation, and regular applica- tions of fertilizer. Soil improving cover crops need to be grown at least two-thirds of the time and rotated with the row crops. Soil improving crops and crop residue should be plowed under. This soil is not suited to citrus without water control. It has high potential for citrus if a water control system that maintains good soil aeration to a depth of about 4 feet is provided. Planting trees in beds lowers the effective depth of the water table. A good cover of close growing vegetation is needed between the trees to prevent ero- sion. Regular applications of fertilizer are needed. This soil is too wet for most improved pasture grasses under natural conditions; however, it has high potential if adequate water control is provided. Simple measures to remove water after rain are needed. Adequate applica- tions of fertilizer and lime help to obtain high yields of pangolagrass, bahiagrasses, and white clover. Controlled grazing is needed to maintain plant vigor. .. This soil has high potential for pine, but a good water ~ control system is needed to remove excessive surface .- ., SOIL SURV~ >'-. water if the production potential is to be realized. Slashl pine is better adapted than other species. Equipment;~ limitations and seedling mortality are the main manage-j\~ ment concerns. . '-iJ This soil has high potential for sewage lagoon areaL)i~ Water control measures are needed to overcome eXce8- ',-J sive wetness. Potential is medium for trench type sani-'~ tary landfills and shallow excavations. Water control' measures are needed to overcome excessive wetness.g Potential is low for dwellings without basements, small...-., commercial bUildings, local roads and streets, and 'pla~; grounds. Water contrOl measures are neeeee. t"otential - IS very low for septic tank absorption fields. Tfté installa- tion of water control measures, addition of fill material, and mounding of the septic tank absorption field help to overcome excessive wetness. This soil is in capability subclass IIIw. 12-Electra fine sand, 0 to 5 percent slopes. This somewhat poorly drained, nearly level and gently sloping soil is on low ridges and knolls. Slopes are smooth to convex and are less than 3 percent in most places, but they range from 0 to 5 percent. Typically, the surface layer is gray fine sand 7 inches thick. The subsurface layer is white fine sand 40 inches thick. The subsoil extends to a depth of 80 inches or more. It is dark reddish brown fine sand in the upper 13 inches and light brownish gray fine sandy loam below this layer. . Includåd with this soil in mapping are small areas of Ankona, Hobe, Jonathan; and Pendarvis soils. The in- cluded soils make up less than 15 percent of any mapped area. The water table in Electra fine sand is between depths of 25 to 40 inches for about 4 months and below a depth of 40 inches during dry periods. Available water capacity is very low to low to a depth of 47 inches and medium below this depth. Permeability is very rapid to a depth of 47 inches, moderate to a depth of 60 inches, and moderately slow to a depth of 80 inches or more. Natural fertility and organic matter content are very low. In a large part of the acreage, natural vegetation is south Florida slash pine and scrub oak and an under- story of sawpalmetto, fetterbush, gopherapple, tarflower, and running oak. The most common native grass is pine- land threeawn. This soil is not suited to cultivated crops. It has low potential for vegetables and citrus and medium potential for improved pasture grasses that are resistant to droughty conditions. Irrigation is needed in periods of low rainfall for highest yields. Grazing needs to be carefully controlled. This soil has low potential for pine. Slash pine and sand pine are the best adapted species. Equipment limi- tations and seedling mortality are the main management concerns. ST. LUCIE COUNTY AREA, FLORIDA '-"his soil has very high pot~ntial for dwellings without IJasements, small commercial buildings, and local roads and streets. No corrective measures are needed. Poten- tial is high for septic tank absorption fields. Water control is needed. Potential is medium for playgrounds, trench type sanitary landfills, shallow excavations, and sewage lagoon areas. The sandy surface layer should be stabi- lized for playground use. Water control measures are needed for many uses. Sealing or lining with impervious soil material is needed for trench type sanitary landfills and sewage lagoon areas. Shoring of sidewalls is needed for shallow excavations. This soil is in capability subclass Vis. ~_ 13-Florldana sand._ This very poorly drained, nearly level soil is in wet depressional areas and on broad low flats. Slopes are smooth to concave and are less than 1 percent in most places, but they range from 0 to 2 percent. Typically, the surface layer is 21 inches thick. In se- quence from the top, it is black sand in the upper 3 inches~ very dark gray sand in the next 2 inches; black sand inL the next 6 inches; and very dark gray sand in the lower 10 inches. The subsurface layer is dark gray sand 4 inches thick. The subsoil extends to a depth of 60 inches. In sequence from the top of this layer, it is dark gray sandy clay loam with sandy krotovinas in the upper 1" inches; dark gray sandy clay loam in the next 13 . as; and gray sandy loam below this layer. The .under- ~ material, to a depth of more than 80 inches, IS gray and light gray sandy clay loam. Included with this soil in mapping are small areas of Pineda, Riviera, and Winder soils. Also included are areas that have a light colored subsurface layer and areas that have a dark surface layer more than 24 inches thick. The included areas make up less than 15 percent of the map unit. Floridana sand is ponded for more than 6 months annually. Available water capacity is medium in the sur- face layer and subsoil and low in the subsurface layer. Permeability is rapid in the surface and subsurface layers and slow to very slow in the subsoil. Internal drainage is . Slow because o} a shallow water table. Natural fertility '.nd organic matter are medium to a depth of 20 inches ···'ared low below this depth. .,' , In a large part of the acreage, natural vegetation is :';:;'~eed and sand cordgrass in the depressional areas l§,'[(fig· 8) and waxmyrtle on the broad low flats. In places, .J-'lI1èvegetation is almost entirely cypress. ;;;:,.1his soil is not suitable for cultivation under natural . nditions. It has high potential for many vegetable 8 if a well designed and maintained water control m that provides for rapid removal of excess water oeavy rains is installed. Other important soil man- nt practices are good seedbed preparation, crop ..., n, and regular applications of fertilizer and lime. 'oar crops should be grown two-thirds of the time and ."'. ~h the row crops. The soil improving crops and reSIdue should be plowed under. 21 This soil is not suited to citrus unless water control measures that will maintain good soil aeration to a depth of about 4 feet are provided. The soil has high potential for citrus if water control is provided and if trees are planted in beds. A good cover of close growing vegeta- tion is needed between the trees to prevent erosion. Trees require regular applications of fertilizer. Under natural conditions, this soil is too wet for im- proved pasture grasses and legumes. It has high poten- tial for many grasses and legumes if water control is provided. Pangolagrass, bahiagrasses, and clovers grow well if adequate aq¡ounts of fertilizer and lime are. ap- plied. Controlled grazing is needed to maintain plant vigor for highest yields. This soil has high potential for pine if water control measures are provided. Slash pine is better adapted than other species. Equipment limitations and seedling mortality are the main management concerns. This soil has high potential for sewage lagoon areas. Water control measures are needed to overcome exces- sive wetness. Potential is medium for trench type sani- tary landfills and shallow excavations. Water control measures are needed. Potential is low for dwellinas witb: out basements, small commercial buildings, local roads and streets, and la r nd. Water con I measures are n e ~ 0 ential is very ow for septic tank a sorp- tion fields. Installation of water control measures, the addition of fill material, and mounding of the septic tank absorption field help to overcome excessive wetness. This soil is in capability subclass Vllw. 14-Fluvaquents. This very poorly drained, nearly level soil is on flood plains of rivers and creeks. Slopes are smooth to concave or convex and range from 0 to 2 percent. Color, texture, and thickness of the soil layers are variable within short distances. Texture ranges from sand to clay and thickness of layers ranges from 2 to 30 inches. Included with this soil in mapping are small areas of Chobee, Kaliga, Pompano, Riviera, and Winder soils. The included soils make up less than 30 percent of any mapped area. The water table in Fluvaquents is at a depth of less than 10 inches for 4 to 6 months and within a depth of 40 inches for 9 to 12 months. More than once every 2 years the soils are flooded for a period of 7 to 30 days. Available water capacity is medium to high in the loamy and clayey layers and low in the sandy layers. Perme- ability is rapid in the sandy layers and moderate to very slow in the loamy and clayey layers. Natural fertility and content of organic matter are low, but they vary. Natural vegetation is cabbage palms and wetland hardwoods and an understory of sawpalmetto and her- baceous plants. This soil is not suited to vegetable crops, citrus, pas- ture, or pine because of the hazard of flooding. It has very low potential for these uses. 36 sequence from the top of this layer, it is light brownish \... ,gray sand in the upper 6 inches; pale brown and yellow- ...... ish brown sand in the next 11 inches; light gray sand in the next 4 inches; and brownish yellow sand in the lower 5 inches. The subsoil extends to a depth of 56 inches. In sequence from the top of this layer, it is dark grayish brown with sandy intrusions in the upper 9 inches; dark grayish brown in the next 4 inches; and gray sandy clay loam in the lower 8 inches. The substratum, to a depth of 80 inches or more, is gray sandy loam. Included with this soil in mapping are small areas of Winder Variant, Winder, Hallandale, Hilolo, Pineda, and Riviera soils. The included soils make up less than 20 percent of any mapped area. Pople sand has a water table at a depth of less than 10 inches for less than 3 months and between depths of 10 to 40 inches for 2 to 6 months. In slough areas, however, the water table is 1 to 3 inches above the surface for about 2 to 7 days during periods of heavy rainfall. It recedes to a depth of more than 40 inches during extended dry periods. Available water capacity is low in the surface and subsurface layers and medium in the subsoil and substratum. Permeability is moderately rapid in the surface layer and upper part of the subsoil, slow to very slow in the lower part of the subsoil, and moder~tely slow to moderate in the substratum. Natural fertility and organic matter content are low. In a large part of the acreage, natural vegetation is 'cattered cabbage palms and south Florida slash pine \....nd an understory of sawpalmetto and running oak. In places there is inkberry. The most common native grass is pineland threeawn. In the sloughs, the principal vege- tation is maidencane and pinel and threeawn and scat- tered clumps of sawpalmetto and south Florida slash pine. This soil has severe limitations for cultivated crops. It has high potential for many vegetable crops if a com- plete water control system that removes excess surface and internal water rapidly and provides for subsurface irrigation is installed. Good soil management includes crop rotations that keep the soil in (;Iose growing crops at least two-thirds of the time. These soil improving crops and crop residue should be plowed under. Good seedbed preparation, bedding of rows, and applications of fertilizer according to the need of the crop are other good management practices. This soil has high potential for citrus if a water control system that maintains good drainage to a depth of about 4 feet is installed. Planting the trees in beds lowers the effective depth of the water table. A good cover of close growing vegetation needs to be maintained between the t~ees to protect the soil from erosion. Regular applica- tions. of fertilizer are required. This soil has high potential for improved pasture grasses. It is well suited to pangolagrass, bahiagrasses, ~nd clovers. Good pastures of grass or grass-clover mix- ~ 'es can be grown if good management is provided. Regular applications of fertilizer are required. Contrail grazing is needed for highest yields. This soil has medium potential for pine. Slash pine better suited than other species. A water control sys is needed if the production potential is to be realized j slough areas. Seedling mortality and equipment limita.. tions are the main management concerns. This soil has high potential for dwellings without base.; ments, small commercial buildings, local roads and streets, and sewage lagoon areas. Water control mess-' ures are needed to overcome excessive wetness. ing or lining with impervious soil material is needed for sewage lagoon areas. Potential is low for septic tank absorption fields, playgrounds, trench type sanitary land. fills, and shallow excavations. Water control measures are needed to help 'overcome excessive wetness. Mounding can be needed for septic tank absorption fields. The sandy surface layer should be stabilized for playground use. Sealing or lining with impervious material is needed for trench type sanitary landfills, and sidewalls of shallow excavations should be shored. This soil is in capability subclass IIIw. ~ -Riviera sand, de res.lonal. This poorly drained, near y level soil is In epressional areas. Slopes are mostly concave, but a few slopes along slight ridges are smooth to convex. They range from 0 to 2 percent. Typically, the surface layer is gray sand 1 inch thick. The subsurface layer is light gray sand 12 inches thick. The next layer is dark gray sand 9 inches thick. The subsoil extends to a depth of 31 inches. It is dark gray sandy clay loam and has penetrations of gray sand. The next layer is gray sandy loam to a depth of 42 inches. The underlying material, to a depth of 80 inches or more, is dark gray sandy clay loam. Included with this soil in mapping are small areas of Wabasso, Chobee, Floridana, Hallandale, Oldsmar, Pineda, and Winder soils. Also included are areas of soil on the slight ridges between depressions and areas that have a thin organic surface layer. The included soils make up less than 20 percent of any mapped area. This Riviera soil is ponded for 6 to 9 months or more annually. The low ridges are covered with water for peri- ods ranging from a few days to about 3 months. The water table is within a depth of 40 inches for most of the rest of the year. Only for short periods in dry seasons is the water table below a depth of 40 inches. This soil is not ponded in drainage districts or in other areas that have water control systems. However, if the water con- trol system is not well maintained, the soil can become ponded. Available water capacity is low in the surface and subsurface layers and moderate· in the subsoil and substratum. Permeability is rapid in the surface and sub- surface layers, slow to very slow in the subsoil, and rapid in the substratum. Natural fertility and organic matter content are low. 0' 11 ~ ~ ~ ~ :;J í 'I ST. LUCIE COUNTY AREA, FLORIDA ~ large part of the acreage has a water control system established and is planted to citrus. Natural vegetation in the depressional areas is sandweed and stillingia. Blue maidencane and, in places, cypress grow along the ridges of the depressional areas. Vegetation along the slight ridges is cypress, cabbage palms, and scattered longleaf pine or slash pine and an understory of sawpal- metto, waxmyrtle, pineland threeawn, and chalky blues- tern. Under natural conditions, this soil is not suited to culti- vated crops. It has high potential for vegetable crops, however, if a complete water control system to protect the soil from ponding and to remove excess water rapid- ly is installed. Good soil management includes crop rota- tion that keeps the soil in close growing cover crops at least two-thirds of the time. The cover crops and crop residue should be plowed under. Seedbed preparation should include bedding. Fertilizer should be applied ac- cording to the need of the crop. Under natural conditions, this soil is not suited to citrus. However, it has high potential for citrus if a water control system that maintains good drainage to a depth of about 4 feet is installed. Planting the trees in beds lowers the I effective depth of the water table. A cover of close growing vegetation is needed between the trees to "ratect the soil from blowing when the trees are young. ular applications of fertilizer are required. ~nder natural conditions, this soil is not suited to im- proved pasture. However, it has high potential for good quality improved pasture if proper water control is pro- vided. Excellent pastures of grass or grass-clover mix- tures can be grown with good management. Regular applications of fertilizer are required. Controlled grazing is needed for highest yields. This soil has low potential for pine. Slash pine is better suited than other species. A water control system that removes excessive surface water is needed before trees can be planted. Seedling mortality and equipment limita- tions are management concerns. This soil has medium potential for sewage lagoon areas if, water control measures are provided to help overcome excessive wetness. Sealing or lining with im- ,pervious material help to reduce excessive seepage. fQ: >,'ten' . low for septic tank absor tion fields, dwellings ";,;With u basements, sma commercia UI 10 s, oca ;*pds and streets, playgrounds, trenc pe nl ary ,"'1JIand!ills, and shallow excavations. water control meas- ;;tf.!ê~ are needed. Fill material IS neeaea for septic tanK ". . r tion fields, UI In u asements, small mer ia UI In S local roads an s ree s, an or round use. Sealing or lining WI Impervl u rial IS nee ed for trench type sanitary landfills, and /, . ,walls of shallow excavations should be shored. )!;,~ding can be needed for septic tank absorption ,0~L' IS soil is in capability subclass Vllw. 37 38-Rlvlera fine sand. This poorly drained, nearly level soil is in hammocks and along drainageways. Slopes are smooth to convex and range from 0 to 2 percent. Typically, the surface layer is dark grayish brown fine sand about 5 inches thick. The subsurface layer is 18 inches thick. It is light gray fine sand in the upper 9 inches and grayish brown fine sand in the lower 9 inches. The subsoil extends to a depth of 54 inches. It is gray sandy clay loam that has light gray vertical penetra- tions of sand. The substratum, to a depth of 80 inches or more, is greenish gray loamy fine sand and fine sand. Included with this soil in mapping are small areas of Wabasso, Wabasso Variant, Floridana, Hallandale, Pineda, Winder Variant, and Winder soils. Also included are areas that have a dark surface layer of more than 6 inches and other areas that have a stained layer of organic matter above the subsoil. The included areas make up less than 20 percent of any mapped area. This Riviera soil has a water table at a depth of less thB{l 10 inches for 2 to 4 months in most years, and at a dep~ of 10 to 30 inches for most of the rest of the year. Only for short periods in dry seasons, is the water table below a depth of 40 inches. Available water capacity is low in the surface and subsurface layers and moderate in the subsoil and substratum. Permeability is rapid in the surface and subsurface layers, slow to very slow in the subsoil, and rapid in the substratum. Natural fertility' and organic matter content are low. Nearly all of the acreage has been cleared and is planted to citrus. Natural vegetation is cabbage palms and scattered longleaf pine and slash pine and an un- derstory of wax myrtle and sawpalmetto. The most common native grasses are pineland threeawn and blue maidencane. Toothachegrass, broomsedge, creeping bluestem, Florida paspalum, sand cordgrass, and pani- cums are other grasses. This soil has severe limitations for cultivated crops. However, it has high potential for vegetable crops if a water control system is installed to remove excess water and provide for subsurface irrigation. Good soil manage- ment includes crop rotation that keeps the soil in close growing cover crops at least two-thirds of the time. Cover crops and crop residue should be plowed under. Seedbed preparation should include bedding. Fertilizer should be applied according to the need of the crop. Under natural conditions, this soil is poorly suited to citrus. However, it has high potential for citrus if a water control system that maintains good drainage to a depth of about 4 feet is installed. Planting the trees in beds lowers the effective depth of the water table. A good cover of close growing vegetation is needed between the trees to protect the soil from blowing when the trees are young. Regular applications of fertilizer are required. This soil has high potential for improved pasture grasses. It is well suited to pangolagrass, bahiagrasses, and clovers. Excellent pasture of grass or grass-clover ST. LUCIE COUNTY AREA, FLORIDA \¡.,er 3 inches; strong brown in the next 14 inches; yellowish red in the next 41 inches; and strong brown below this layer. Included with this soil in mapping are small areas of Paola, Pendarvis, and St. Lucie soils. The included soils make up less than 15 percent of any mapped area. Welaka Variant sand does not have a water table within a depth of 80 inches annually. Available water capacity is very low throughout the soil, and permeability is very rapid. Natural fertility and organic matter content are low. In a large part of the acreage, natural vegetation is cabbage palm and hickory and an understory of bryo- phyllum. The most common nativ~ grass is pinel and threeawn. This soil is not suited to cultivated crops because of droughtiness. Even with good management, it has very low potential for vegetable crops. IntensivetSoH manage- ment is needed if this soil is tultivated. Droughtiness and rapid leaching of plant nutrients reduce the variety of adapted crops. Unless irrigation- is practiced, good yields are restricted to a few crops. Irrigation, however, is usually feasible if water is readily available. Soil improv- ing crops and crop residue should be left on the ground I . or plowed under. . "., This soil is poorly suited to citrus. It has low potential L=itrus. A good ground cover of close growing plants . Tneeded between the trees to protect the soil from '~rosion. A well designed irrigation system to maintain ';.QPtimum moisture conditions is needed for highest ;::;~,yields. ;':; ,This soil has 'low potential for improved pasture "t'?{~rasses. Deep rooting plants, for example, coastal ber- i~'f'I'1udagrass and bahiagrass are adapted. Yields, however, "e reduced by periodic droughts. Regular applications of rtilizer and lime are needed. Controlled grazing is eel to maintain the vigor of plants. This soil has low potential for pine. Sand pine is better' . ed than other species. Equipment limitations. and ling mortality are management concerns. is soil has very high potential for septic tank absorp- fields, dwellings without basements, and local roads streets. No corrective measures are needed. Poten- is high for small commercial buildings. Land shaping " be needed on the more sloping areas. Potential is i .lm for playgrounds, trench type sanitary landfills, '~allow excavations. The sandy surface layer should'. , ilized for playground use. Land shaping can be on the more sloping areas. Sealing or lining with . ous material is needed to reduce excessive seep- (trench type' sanitary landfills. Sidewalls of shallow tions should be shored. Potential is very low for e lagoon areas. Sealing or lining with impervious terial is needed to reduce excessive seepage. is in capability subclass Vis. 49 "54-Winder sand, depresalonalo_ This poorly drained, nearly level SOil IS In depressional areas. Most slopes are concave to smooth; however, a few slopes on slight ridges are convex. They range from 0 to 2 percent. Typically, the surface layer is black sand 1 inch thick. The subsurface layer is sand 9 inches thick. It is grayish brown in the upper 2 inches and light brownish gray in the lower 7 inches. The subsoil is gray sandy clay loam to a depth of 25 inches. The next layer is sandy loam to a depth of 67 inches. It is light gray in the upper 7 inches, light olive gray in the next 10 inches, and gray in the lower 19 inches. The underlying material, to a depth of 80 iriches or more, is greenish gray sandy clay loam overlying sandy loam. I Included with this soil in mapping are small areas of Chobee, Floridana, Hallandale, Pineda, Riviera, Wa- basso, Wabasso Variant, and Winder Variant soils. Also included are a few areas that have a thin organic surface layer and area$ that have slightly more clay in the sub- soil than is typical. The included soils make up less than 20 percent of any mapped area. Winder sand, depressional, is ponded for 6 to 9 months or more annually. The scattered low ridges are covered with water from a few days to about 3 months. The water table is within a depth of 40 inches for most of the rest of the year. Only for short periods in dry seasons is the water table below a depth of 40 inches. The sôil is not ponded in drainage districts or in other areas where the water control systems have been main- tained. However, if the water control system is not main- tained, the soil can become ponded again. Available water capacity is low in the surface and subsurface laye¡s, moderate in the subsoil, and very low in the substratum. Permeability is rapid in the surface and sub- surface layers, slow to very slow in the subsoil, and moderate to rapid in the substratum. Natural fertility and organic matter content are low. A large part of the acreage has been cleared and is planted to citrus. Natural vegetation is maidencane and stillingia. Blue maidencane and, in places, cypress grow 'along the edges of the depressional areas. Cypress, cabbage palm, and scattered longleaf pine or slash pine and an understory of saw palmetto, waxmyrtle, pineland threeawn, and chalky bluestem grow on the slight ridges. Under natural conditions, Winder soil, depressional, is not suited to cultivated crops. It has high potential for vegetable crops if a water control system that removes excess water rapidly and protects the soil from ponding is installed. Good soil management includes crop rota- tion that keeps the soil in close growing cover crops at least two-thirds of the time. The cover crops and crop residue should be plowed under. Seedbed preparation sh'oµld include bedding. Fertilizer should be applied ac- cording to, the need of the crop. Under natural conditions, this soh is not suited to citrus. It has high potential for citrus, however, if a water control system that maintains good drainage to a depth 50 , of about 4 feet and protects the soil from ponding is '" ......... installed. Planting trees in beds lowers the effective depth of the water table. A good cover of close growing vegetation is needed between the trees to protect the soils from blowing when the trees are young. Regular applications of fertilizer and occasional liming are re- quired. Under natural conditions, this soil is not suited to im- proved pasture. However, it has high potential for good quality pasture of improved grasses if proper water con- trol is provided. Excellent pasture of grass or grass- clover mixtures can be grown with good management. Regular applications of fertilizer are required. Controlled grazing is needed for highest yields. This soil has low potential for pine. Slash pine is better suited than other species. Water control is needed before trees can be planted. Equipment limitations and seedling mortality are management concerns. This soil has high potential for sewage lagoon areas. Water control measures are needed to overcome exces- sive wetness. The potential is medium for shallow exca- vations. Water control measures are needed. Potential is low for septic tank absorption fields. dwellinas without casements, small commercial buildings, local roads ançL streets, playgrounds. and trench type sanitary landfills._ Water contr asures her to overcome excessive wetness. Fill materia IS ne e for sep IC ank a sorp- «tion fields, dwellin without basements, small commer- ~ ,=ial buil Ings, local roads an stree ,and playgrounds. .. ,... Mounólng OT septic tank absorption fields can be needed. This soil is in capability subclass Vllw. 55-Winder loamy. sand. This poorly drained, nearly level soil is in hammocks and along drainageways. Slopes are smooth to convex and range from 0 to 2 percent. Typically, the surface layer is 6 inches thick. It is black loamy sand in the upper 3 inches and very dark gray loamy sand in the lower 3 inches. The subsurface layer is sand 6 inches thick. It is grayish brown in the upper 3 inches and light brownish gray in the lower 3 inches. The subsoil extends to a depth of 61 inches. In sequence, it is dark grayish brown sandy clay loam with a few light brownish gray sandy tongues of the subsurface layer in the upper 9 inches; gray sandy clay loam in the next 12 inches; dark gray sandy loam in the next 16 inches; and gray loamy sand in the lower 12 inches. The substratum, to a depth of 80 inches or more, is light gray sand. Included with this soil in mapping are small areas of Wabasso, Wabasso Variant, Floridana, Hallandale, Pineda, Riviera, and Winder Variant soils. Also included are areas that have a dark surface layer more than 7 inches thick. The included siols make up less than 20 percent of any mapped area. The water table of Winder loamy sand is at a depth of ~ss than 10 inches for 2 to 4 months and between SOIL depths of 10 to 40 inches for most of the rest year. Only for short periods in' dry seasons is the w< table below a depth of 40 inches. Available water ity is low in the surface and subsurface layers. It moderate in the subsoil and very low in the substrat Permeability is rapid in the surface and subsurf layers. It is slow to very slow in the subsoil and mocf ate to rapid in the substratum. Natural fertility and orga ic matter content are low. Almost all of the acreage has been cleared and planted to citrus. Natural vegetation is cabbage pal willow oak, scattered longleaf pine, and slash pine a an understory of waxmyrtle and sawpalmetto. The mo common native grasses are pineland threeawn and blu maidencane. Toothache grass, broomsedge, creepin bluestem, Florida paspalum, sand cordgrass, and pani cums are other grasses. Under natural conditions, this soil has severe limita- tions for cultivated crops. However, it has high potential' for vegetable crops if a water control system is installed and good management is practiced. Good soil manage-' ment includes crop rotation that keeps the soil in close growing cover crops at least two-thirds of the time. Cover crops and crop residue should be plowed under. Seedbed preparation should include bedding. Fertilizer should be applied according to the need of the crop. Under natural conditions, this soil is poorly suited to citrus. However, it has high potential for citrus if a water control system that maintains good drainage to a depth of about 4 feet is installed. Planting trees in beds lowers the effective depth of the water table. A good cover of close growing vegetation is needed between the trees to protect the soil from blowing when the trees are young. Regular applications of fertilizer and occasional liming are required. This soil has high potential for improved pasture grasses. Pangolagrass, bahiagrass, and clovers are well suited. Excellent pasture of grasses or grass-clover mix- tures can be grown if good management is practiced. Regular applications of fertilizer are required. Controlled grazing is needed for highest yields. This soil has high potential for pine. Slash pine is the best adapted species. Water control is needed if the production potential is to be realized. Limitations to use of equipment and seedling mortality are management concerns. This soil has high potential for dwellings without base- ments, small commercial buildings, local roads and streets, shallow excavations, and sewage lagoon areas. The potential is medium for septic tank absorption fields, playgrounds, and trench type sanitary landfills. Water control measures are needed to help overcome exces- sive wetness. This soil is in capability subclass IlIw. 56-Winder Variant sand. This poorly drained, nearly level soil is on low hammocks and along poorly defined f I '-" STAFF REPORT EXHIBIT C COMPATIBILITY DETERMINATION ~ '-'" '-' GROWTH MANAGEMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: THROUGH: FROM: Board of County Commissioners Bob Nix, AICP, Growth Management Director Linda Pendarvis, Planner DATE: March 12, 2007 SUBJECT: Mission Oaks Compatibility Determination Land Uses '-" The petition of Mission West, LLC, for the proposed change in zoning and a Preliminary Planned Unit Development Site Plan approval for the project to be known as Mission Oaks Subdivision - PUD is consistent with the St. Lucie County Land Development Code. There are a total of 17 single family lots proposed in this development. The subject property (8.59 acres) has a Future Land Use Classification of RS (Residential Suburban), which possibly allows a maximum of 2 dwelling units per acre (17 units). The site plan that is submitted as a part of this rezoning to the PUD is consistent with the provisions of the Land Development Code. Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes maximum residential densities for the Future Land Use Classification of RS (Residential Suburban) at 2 dwelling units per acre. The proposed project is to be developed with a maximum residential density of 1 .97 units per acre; therefore the proposed project is consistent with this policy. The TVC Land Development Regulations allows residential subdivisions to be created inside the Urban Service Boundary, which the subject property is located within the Urban Service Boundary. If the land is not currently zoned to allow the desired density, the land must be rezoned to a suitable planned zoning district. Surrounding Land Use: North: The adjacent land uses to the north are large 2.5 to 5 acre residential parcels. This neighborhood density continues north on Johnston Road approximately a quarter of a mile. South: The adjacent land uses to the south are Canal No. C-25 and Angle Road. South of Angle Road is a seven lot neighborhood fronting on Angle Road consisting of 1.5 acre lots. Also to the south is the rest area for 1-95 owned by State of Florida DOT. East: The adjacent land to the east is a 37 acre vacant agricultural parcel. '--' West: The adjacent 134 acres to the east has a site plan for a proposed residential development (Sunset Lakes PUD) under review by the Development Review Committee. ''-'' Existing residential developments within a mile radius of the subject property are Golden Ponds Mobile Home Park to the southwest on Angle Road, Pantherwood Planned Unit Development to the north on Johnston Road and Timberlake Estates and Ankona PUD fka Jonette Acres to the southeast on Angle Road. The average lot size within the proposed project is consistent with estate size lots of the Towns, Villages and Countryside. In fact, these lots are larger in area than required in this type of development in the Towns, Villages and Countryside. Staff concludes that the preliminary planned unit development is compatible with the overall intent for the Future Land Use Classification and what the County visions for the area. However, staff would recommend that the north property line have a 100 foot vegetation buffer between the 2.5 acre residential parcels and the proposed development as well as joining lots 1 and 2 and lots 5 and 6 to create 2 half acre lots. The half acre lots and buffer will allow a transition area from quarter acre lots within the proposed development to the 2.5 acre lots. TVC Flow way The existing pond located in the northeast section of the project will be expanded and enhanced in order to handle the project's stormwater management. The soil type here is appropriate for the continued use of this location as a retention pond. Based on the map series with the St. Lucie County Surface Water Management and Improvement Plan, surface water flows from west to east from 1-95 to the north-south canal east of Johnston Road. A prelim inary review of the area surrounding the subject property indicates that the drainage pond can be incorporated with a flow way system to the east, if and when development would occur. The applicant would be required to create an easement for future connection to the property to the east, and allow the construction activity necessary to implement the connection. TVC Roadwav '-" The Towns, Villages, and Countryside Element of the St. Lucie County Comprehensive Plan adopted in May 2006 established a Future Street Network Plan. The TVC street network plan shows Johnston Road as a 4- lane TVC collector street from the St. Lucie - Indian River County line in the north to St. Lucie Boulevard/lmmokalee Road in the south. The Johnston Road 4-lane facility swings east into the Emerson Road right of way on an east-west line just north of the center line of the Airport, and the 4-lane facility continues down the Emerson Road right of way to connect to St. Luce BoulevardJlmmokalee road. South of the point where the 4-lane portion of Johnston Road swings east to the Emerson Road corridor, Johnston Road is a two lane facility. The frontage road requirement would reasonably apply to protecting the capacity of the four lane portion of Johnston Road, not to the two lane portion between Angle road and St. Lucie Boulevard. In the two-lane portion, the code requirement prohibiting driveway connections to a collector can be met either with a frontage road (limited to large acreage tracts), or by requiring the .rear of house lots to face the street. Attached is the map of the proposed 2030 Street network for TVC indicating the existing Johnston Road will continue to be a two lane roadway section on the link adjacent to the proposed Mission Oaks Subdivision. Summary Staff is recommending the following changes to the site plan and conditions of approval: 1. Install a dense 50 foot wide vegetation buffer along the north property line. The landscape buffer shall be sufficiently opaque for all months of the year to effectively screen the subdivision from the view of the neighboring larger lot homesites to the north of the subdivision parent parcel. The landscaped buffer shall be designed by a Florida Registered Landscape Architect, and shall make maximum use of existing native vegetation, supplemented with additional native vegetation. Exotic vegetation shall be removed. Join lots 1 and 2 and lots 5 and 6 to create 2 lots slightly larger than one half acre each. Create an easement to the property line over the retention pond for future connection of the storm water system to adjacent property to implement a flow way system to the east. \..,.. 2. 3. 4. 04. 04.A ~ 4.04.04 TVC SPECIFIC STANDARDS A. APPLICABILITY OF TVC SPECIFIC STANDARDS 1. The standards in Section 4.04.00 apply to land use and land development within the TVC Overlay Zone regardless of zoning designations, except as specifically provided. 2. The provisions of the remainder of this Code apply except where modified by this TVC Overlay Zone, by the PTV, PCS, or PRW zoning districts, or by the St. Lucie County Comprehensive Plan. B. REGIONAL STREET NETWORK '-" 1. The TVC Element of the St. Lucie County Comprehensive Plan established in May 2006 a Future Street Network Plan that includes street improvements and new streets to be completed by the year 2030, as depicted on Figure 4-12. St. Lucie County will not approve any construction or development of land that would interfere with the creation of or improvements to the streets identified on the Future Street Network Plan. 2. 3. Development of land must accommodate and incorporate appropriate links of the Future Street Network Plan. Final alignments will be determined by St. Lucie County. Roadway capacity to support the proposed development must exist or be provided concurrently. Appropriate connectivity of new development to these streets and their integration with adjoining development must be demonstrated prior to development approvals. FIGURE 4-12 Proposed 2030 Street Network for TVC (from Figure 3-15) I iI..- Ill.ll' i..ll'lIlili.:·; Ih...· ;1t1í1w,iH1~I1\.·I\I';illl.m. :~Il\" ¡m..1 ,,-';;Ik .'(;h~ I'íllIM"~"li "Ih:~·( 1"..'I\\l1fk ,~f I:1\.' LIIL.¡-.; 1 r.II:'i"I 1:¡n\!!1 r,..:-nn,r .; 1'1.' 1II1I....m t,~f Ihl.. I)l,jl' '" 1.1 ·'.!hm 111.: ;:":~""[; I \ I,'H ¡I~ (~fll~; .I\1~ r".,I,I, ,IIIU ¡n:... r ...·,!I,·'I:' 1'\:.... h",:;,II\I;1-; ;1:,' 11\11 pr,'... ,,,t'ly 'Ih," ,,;",-,-II¡, Ilh' rri.Ii"'''I.·I~ ..:r....,": 1;~'I\H'ik ...upt",rh ~h~' Ir.iI!"'- P"JI¡¡JI·.II! ....· ...J1h·U>.y .. r;II~~') ,H !h~' .,,,..rOlIl ;¡,,'OJ '.-1 r1\'\¡,;It'l~' i;¡~ 1::¡..I:;.d\H"l niL I....¡ltl...: a h'\'I~'''' l.t I:h: 11\1.'1.111 (1.J.:h1""II~II','11 Ih,'t\..,IIJ... ;11:,) \,:\III\.l:II..·.ì...:. :-~I.l¡..·~~:. h1¡ Iii..' 1\(· ;11..';.1 :..~~;'~I;J ~I;.:...~..u ..'~ .. .... '" ... .. '" ~- - - '\.~" t ".-J- \\..._1 It'! '.\ \ \1'~ '" ~', .. ," f ,~! \\,.! "" :"I·i".,'I!,!; lu.I.I!{. '..,'., ¡"..J-'",-,..I!,I .................... ,..J , \. .- ...., '-.'-"; ...,t\,· '.~,. j ,",1 '.\~,t R~I Co , . . . ~.. : ~ : :' ", "I ,lln' ~.:."."'... t.-.:' \,.,\"'~"..~~¡, ~ hH,...,.;.~.'...I!d . ...~_.. ~ ""....... ..,.,.,,~~ , ..-................................... ..;, I.,: hi., ............¡~: ............... Proposed 2,lanc I'03d$ -Prapcse-::i 4·iane ra3ds I . . Proposed Lr¡2DE·O 4. Streets in the Future Street Network that connect rural areas to urban areas must provide transitions from higher design speeds in rural areas to lower design speeds for neighborhoods and other developed areas. Lower design speeds can be achieved by reducing the widths of travel lanes, clear zones, and medians. Lower design speeds can also be achieved by adding curbs, regularly spaced street trees, and on-street parking. \... 51. Lucie County Land Development Code 4 Additions to code as adopted on 5130106 I I I I I I I I I I 1'-' o! IX! ~ I I Ñ! .....I~ 13 '!... .... ctS .. ~ " 0> "tJ S¡c:i Q) .... ctS a. Q) .... a. a. ctS o ~ ~~¡f~I~ Cr t"==:~ // / ) "~ () :::::J .,¡..J ( ~~J ~ H1 p~ z--< ~}) It '~ 1 ~'!: rl; t \i\~ (J) 0 <C 0 œ: 0 ~ .... w , ~ (J) ~ 0 u ~ Q: ~ 0 ii: ~ a:: ~ 0.. , ~ u .... f.,; > CI) I- III 'C CIS e ... o ü \..-~ ~ .. u ~ ~ ~ ~ .~ ~ Q) Q) CJ 1ií I» c: c: 'C~'~III.!!!! lor! I ì \' ,..... -I-- m~~ rì I I II '\/~ x~ w- w- I ( I TT I 1ì ~~ m ,l.lIR ~ " / Mí I TiT III I i ¡If I ~~ /---....... ! I 1JJ- {~ æ p~ uos 8W; 3 "~ ""C ~ L p~ ÁJ!ea ~OI^eJ. A ^, : SOUI}t p~ 81 )U!W8S X .1[\ ~ p~ UOlSU4CtlLL, '/ ~I I - p~ uOlSU4or / ~e 9'6 ~7 \~ / ,.øÞ V / I I ,,,'~ '\ I .---, n( , I ---==t" i;;:~r _ !~y !7' J{¡/' 1 I I I I I I I I I I I I I I I I , I I I - ..L - - II :; I 1-.; U W,;;; '... co ~ 0~ :t::::: c: .,.1: H ~ ~ vi J:±~ IJ I ~~ ë1ð I I 0 -:;' - L -~ ¿ I ]1 I tQ ~ 1.0\ /, .. ~ ~~ ~~=\\ ~~ '~~~/ / ~ " - - - I--- L CD ~ ": c: L.. :::::J I- co ::::: ""C co I "~ t:: 0 co - LL Ü 10.. ( ) :§ ( ) @ - co t:: co Ü 1.0 C\ I Ü - 1 \ ~. Planning and Zoning Commission Review: 01/18/07 File Number PUD-05-006 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: THROUGH: Planning and Zoning Commissioners FROM: Bob Nix, Growth Management Dir;i0r Hank Flores, Planning Manager W1 Linda Pendarvis, Planner ~t ¡¡I~ DATE: January 12, 2007. SUBJECT: Petition of Mission West, LLC, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PUD (Planned Unit Development - Mission Oaks Subdivision PUD) Zoning District and Preliminary Planned Unit Development approval for the project known as Mission Oaks Subdivision PUD. EXISTING ZONING: LAND USE DESIGNATION: PROPOSED ZONING: East side of Johnston Road, approximately 0.9 of a mile north of Angle Road. AR-1 (Agricultural, Residential-1 du/acres) RS (Residential Suburban) LOCATION: ~ PUD (Planned Unit Development - Mission Oaks) PARCEL SIZE: 8.59 acres PROPOSED USE: PROPOSED DENSITY: SURROUNDING ZONING: 17 Single-Family residential lots. 1.97 dwelling unit per acre AR-1 (Agricultural, Residential- 1 du/acre) Zoning District to the north and south, AG-1 (Agricultural - 1 du/acre) Zoning District to the east, west, and south. SURROUNDING LAND USES: The existing land uses surrounding the properties are rural acreage single family developments. Sunset Lakes Planned Unit Development is a proposed development to the west. Golden Ponds Mobile Home Park is an existing mobile home park located to the southwest. Panther Woods is an existing residential subdivision located to the north. approximately % of a mile. '-" The Future Land Use Classification of the surrounding area is RS (Residential Suburban) to north and east; MXD (St. Lucie January 12,2007 Page 2 Subject: Mission Oaks Subdivision - PUO File No.: PUD-05-006 ,-,. Blvd. Mixed Use Activity Area) to the west; and T/U (Transportation/Utilities) and RS (Residential Suburban) to the south. FIRE/EMS PROTECTION: Fire Station #4 (2850 Aviation Way), is located approximately 4.5 miles to the east. UTilITY SERVICE: Fort Pierce Utilities Authority will provide water and wastewater service to the subject property. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: Johnston Road has a right-of-way width of 80 feet. The applicant will be donating an additional 35 feet for right-of-way for Johnston Road. SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: None Certificate of Capacity Deferral *********************************************************************** '-"" STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. lUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: A. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed change in zoning and petition for Preliminary Planned Unit Development is not consistent with the St. Lucie County Towns, Villages. Countryside Land Development Regulations. There are a total of 17 single family residential lots proposed in this development. The subject property (8.59 acres) has a zoning designation of AR-1 (Agricultural, Residential - 1 dulac), which allows the maximum of 1 dwelling unit per acre. The site plan that is submitted as a part of this rezoning to PUD is inconsistent with the provisions of the Towns, Villages, Countryside Land Development Regulations. '-" B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed Mission Oaks Subdivision - PUD is inconsistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Towns Villages and Countryside (TVe) Comprehensive Plan Element (Policy 3.1.6.5 of the TVC Element Flow Way System), and the Code and Compiled Laws of St. Lucie County. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; C. January 12, 2007 Page 3 Subject: Mission Oaks Subdivision - PUD File No.: PUD-05-006 "-' This proposed change in zoning and the accompanying Planned Unit Development site plan is consistent with the general land uses in the surrounding area. The proposed development indicates a gross density of 1.97 dwelling units per acre which will provide large half acre lots. Residential developments located with in the Towns, Villages, Countryside Land inside the Urban Service Boundary Overlay Zone may increase density through acquisition of Transfer Development Rights credits from eligible sending sites. The proposed development is not consistent with the existing density allowed in the AR-1 (Agricultural. Residential- 1 dulac) Zoning District which is one acre lots. D. Whether there have been changed conditions that require an amendment; There have not been changes that would require an amendment. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; "-' TransDoration Staff has reviewed the impacts from the proposed residential development and has determined that all of the links within the impact study area are expected to operate at an acceptable level of service in 2008. The applicant has eJected to defer the Certificate of Capacity and reservation of capacity for transportation facilities until a later time, but no later than the application for Final Development Order. Prior to Final PUD approval, the developer, his successors or assigns, shall submit an application for a Certificate of Capacity. Failure to demonstrate compliance with Chapter 5 of the St. Lucie County Land Development Code shall constitute grounds for denial of the Final Site Plan. -_.......*****-**-*-***_._**_.******. Services The site is located inside the Urban Service Boundary of St. Lucie County. The proposed development is located within the service area of the Ft. Pierce Utilities Authority. This department received documentation from Fort Pierce Utilities Authority approving the conceptual plan submitted for the proposed project. ************************************* Schools The proposed development will not have a negative impact on existing schools. The proposed development will be expected to be responsible for the education of an additional 0.405 student per single family residence. At the time of development of the individual residential lots, the applicant will be required to pay a school impact fee for the proposed residential unit which will adequately address the impact to schools. ************************************** \.... January 12, 2007 Page 4 Subject: Mission Oaks Subdivision - PUD File No.: PUD-05-006 '-" Soils The proposed project will be developed on Nettles and Oldsmar Sand soils. They are poorly drained, very slowly permeable to slowly permeable soils. The Nettles Sand soils are in broad, nearly level flatwood areas. This soil has high potential for dwellings without basements, local roads, and streets. The Oldsmar series are more poorly drained than the surrounding flatwood areas. This soil will require fill material for buildings as well as for local roads and streets. Drainage will be handled through a master drainage system which requires permits from the South Florida Water Management District (S.F.W.M.D.), St. Lucie County Stormwater Permit, and the North St. Lucie River Water Control District Drainage Connection Permit. ************...*AA*AA.*********************** Law Enforcement The proposed development by itself does not present an impact to law enforcement. However, based on current growth in the area and no defined growth of personnel with the St. Lucie County Sheriffs Office law enforcement service response may be delayed to this project, other projects pending, and current residents of the area. ********************************************** Fire Protection The proposed development has been reviewed by the St. Lucie County Fire District. Mission Oaks will have a fire hydrant on Sandbank Court as well as providing a tire hydrant on Johnston Road. G. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; '-" On January 14, 2002, a Vegetation Removal Permit (VP#20020116) was issued to the previous owners of this site, Joseph and Kelly Miller. The conditions of approval of the permit were that the 25 native cabbage palms that were removed from the property were to be mitigated for by planting 25 oak trees on the property. Therefore, even though these trees are less than the 12D dbh required to be mitigated by SLC code, they need to be preserved in place or relocated elsewhere on the property. In fact, many of the trees on this property are small enough to be very easily relocated with the use of a tree spade. ERD has recommended that a condition of approval that all oak trees, pine trees, and cabbage palms be relocated to the perimeter buffer areas and open spaces. The site plan currently shows large areas of existing vegetation around the perimeters which actually do not exist very densely in those areas, if at all. Please submit a tree preservation and relocation plan, prior to site plan approval, which shall include discussion on methods the applicant proposes to utilize to relocate the trees including root pruning, tree and soil preparation, equipment to relocate or transport the trees, and the plan for post relocation care. On 7/21/05 the Environmental Regulation's Manager spoke with Jason MacArthur in a phone conversation. Mr. MacArthur is positive that Joseph Miller never planted the required mitigation trees. However, he said he will show on their landscape plan, or in a written response, that a minimum of twenty five 2.5 inch dbh oaks will be provided above the minimum landscape requirements. The applicant verbally agreed to planting the 25 extra oak trees to satisfy the requirements outlined above. The applicant also agreed to move as many as possible, healthy, native trees of a movable size. '-' January 12, 2007 Page 5 Subject: Mission Oaks Subdivision - PUD File No.: PUD-05-006 '-" H. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed zoning designation would result in an orderly and logical development pattern for the existing area. The proposed development is located on 8.59 acres and the existing zoning district AR-1 (Agricultural, Residential - 1 du/ac) allows for one dwelling unit per acre. However, the proposed development is located in the Town, Villages, Countryside Overlay Zone and the sub-zone TVC Land Inside Urban Service Boundary. The Town, Villages, Countryside Element supersedes the Land Development Code. Therefore the proposed development is not consistent with Ordinance No. 06-017 the adoption of Land Development Regulations for the Town, Villages, Countryside Element. I. Whether the proposed amendment would be in conflict with the public interest, and is in hannony with the purpose and intent of this Code; The proposed amendment is in conflict with the adopted Towns, Villages, and Countryside (TVC) Comprehensive Plan Element and is not in harmony with the purpose and intent of the St. Lucie County Land Towns, Villages, Countryside Land Development Regulations. COMMENTS '-' The petitioner, Mission West, LLC, is proposing a 17 lot single family residential subdivision on 8.59 acres. The project is to be known as Mission Oaks PUD Subdivision. The proposed development is located on the east side of Johnston Road, approximately 0.9 of a mile north of Angle Road. The location of the proposed development is in the southern boundaries of the Towns, Villages & Countryside Comprehensive Plan Element for the North County Charrette Master Plan Area adopted October 17, 2005. The Mission Oaks Subdivision PUD was submitted to the Growth Management Department on April 21, 2005. Following the acceptance of the application for the proposed development using the existing density, the stop gap ordinance was adopted on August 16, 2005 Attached is a letter from the Treasure Coast Regional Planning Council addressing their review of the Mission Oaks Subdivision PUD site plan. The Treasure Coast Regional Planning Council recommends that the County find the applicant's site plan not consistent with the Towns, Villages & Countryside element. Attached is a copy of the approved Towns Villages Countryside Ordinance. Even though the TVC Ordinance has not received approval from the Florida Department of Community Affairs (DCA), the provisions contained within the ordinance are in effect unless and until the Department of Community Affairs either rejects or approves the plan. The existing uses to the north of the subject property are large residential lots; to the east is a thirty-six acre tract and adjacent to the south is South Florida Water Management District Canal No. C-25. The proposed development has provided future connectivity to the north and east properties. Staff has determined that the proposed zoning designation and the Preliminary Planned Unit Development site plan are not compatible with the adopted Towns, Villages Countryside proposed uses in the area. This petition does not meet the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is in conflict with the goals, objectives, and policies of the St. Lucie County Towns, Villages and Countryside (TVC) Comprehensive Plan Element. '-" January 12, 2007 Page 6 Subject: Mission Oaks Subdivision - PUD File No.: PUD-05-006 "'" Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of denial, however, if you were to decide to recommend approval of this project, the following conditions would apply: 1. The Final Plat shall not be recorded until constructible engineering plans are approved, Including the construction of Johnston Road to current County standards and all common Improvements are either: a) built and accepted or approved by St. Lucie County; or b) subdivision Improvement agreement secured with a developer's surety held by the St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. 2. As a part of any Final Plat of the proposed project, the developer, his successors or assigns, shall conveyor dedicate by plat to St. Lucie County, the west 35 feet of the subject property along Johnston Road for additional right-of-way. 3. Prior to the recording of any Final Plats for the project, the developer, his successor or assigns, shall construct In accordance with Section 11.04.00 of the St. Lucie County Land Development Code for the construction of a 6-foot wide sidewalk along the project's frontage on Johnston Road. 4.. Prior to issuance of the first Certificate of Occupancy, the developer, his successors, or assigns shall plant 25 trees and as many healthy, native trees of a movable size as possible shall be relocated. 5. Prior to the Issuance of a Sl Lucie County Vegetation Removal Permit, the developer, his successors, or assigns shall provide a littoral planting plan acceptable and approved by the Environmental Resource Deparbnent. ~ Please contact this office if you have any questions on this matter. Attachment lap cc: Knight, McGuire & Associates, Inc. Jason Macarthur, Mission Properties File '-"' .~ Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF MISSION WEST, LLC, FOR A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DUlAC) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT - MISSION OAKS SUBDIVISION PUD) ZONING DISTRICT, BECAUSE '-" [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF MISSION WEST, LLC, FOR A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DUlAC) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT - MISSION OAKS SUBDIVISON PUD) ZONING DISTRICT, BECAUSE.... [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. '-"" ,/2005 132: 40 eeeee000ee = PAGE 134 '-" ST. LUCIE COUNTY CONCVRRlNCY DEFERRAL AFFIDAVIT FEE: S :S.ot I, j A 9\" Át..ð-rt L, II' v' residing or doing business at Na.. (é.~1 \ ~ f11 , q I.:i i J hive applied for a Plloae .3, "1 5 I"'iì ,u (\ 0... b~· .. 'i.(,. I ":.;~, k. 3.L:)"1 Addrel. ' PUD Type of Dn-clop.nt Order ~ from St. Lucie County, Florida, for the followinc Project: fíì,y,,'Or\ O(A\<'S N.... or Pro,...'" DÞeJop....t I do hereby affirm that in connection with my application for the above project, 1 have elecled to defer the certificate of ClptlCity and RScrvlCion of capacity in public facilities fur die above property until . later time, but no IlCer then the application fOr I Final Development Order for the AllIe property. r undersllUld and aclcnowled¡c that the above listed property will be subject to the CenitiClte ofCaP'City before Illy Final Development Order can be issued, and that 51. Lude COUllt)' can make no IIWIntce that adequate public facUities wjll be avaiJable when 1 apply for die Final Development Order. I further ac1cnowledae that according to Section 5.01.01 of the St. Lucie County Land Development Code, no Final Development approval CIA be ønnted unless ctpacity in those f-.cilitics is available at that time. The ¡ssulIOce of a Pteliminary Development Order without a Cer1ificace of Capacity creates no v ed or other richu to develop the subject property. SIGNED: ~ 1íA'! DA IE: ,~ 1'6 t ¡J .ç- Applicant Sianalure 0 DA, COUNTY OF ST. LUCIE Print Narne(o(NoWy Œ··..h l :~\ 'VANESAM.EHlOW . ~i J1 MY COMMISSION' DO 31_ ., .1,';.....'f:r,~ EXPIRES: Apri/29, 200IJ "~;~: Bonded Thru Nota¡y PIbIc UncIIrwrtrtra Notary PubUc Title (Scal) '--' '-' GROWTH MANAGEMENT DEPARTMENT PLANNING MEMORANDUM TO: Linda PendaNis, Planner FROM: Andrew Riddle, Planner DATE: November 3, 2006 SUBJECT: Mission Oaks Preliminary PUD - Transportation After reviewing the above referenced project for concurrency, staff has the following determinations: Trip Generation: "Single-Family Detached" (ITE 210) Fitted CUNe Equation: Ln(T) = 0.92(Ln(X)) + 2.71 Rate: Ln(T) = 0.92(Ln(17)) + 2.71 How many trips: 204 average trips/day; (In: 50%, 102; Out: 50%, 102) '-' PM Peak Hour Fitted CUNe Equation: Ln(T) = 0.89(Ln(X) + 0.61 Rate: Ln(T) = 0.89(Ln(17)) + 0.61 How many trips: 23 PM Peak hour of Generator; (In: 64%,15; Out: 36%,8) Trip Distribution: Staff analyzed where the trips are going by using the existing trips producers and attractors on the transportation network and using the St. Lucie Urban Area MPO Spring 2005 count data. Mode Choice: Auto occupancy. No transit modes of travel analyzed. Trip Assignment: Staff analyzed the routes and available paths for trip assignment. The following table shows the Pre-development volumes, the project trips, and the post-development volumes. '-" LOS Project LOS Pre-Development LOS Trips Post-Develoment LOS Anale Road West of Johnston Road 1,575 B 0 1,575 B East of Johnston Road 2,510 B 194 2,704 B East of Kings Highway 4,536 C 31 4,567 C Johnston Road North of site 1,264 B 10 1,274 B South of site 1,264 B 194 1 ,458 B Kinas Hiahwav North of Angle Road 14,595 D 61 14,656 D South of Angle Road 13,335 C 102 13,437 C '-" November 3,2006 Page 2 o tt: z o t- '" Z :I: o .., SO, I. (t= 10) (Peak = 1) SHADOW LN CONIFER DR :3 ~ o u t1,. <5'/y .\- <5':1,>, ,-'" '" 'f-I ~ 100% (t= 2M) D ~ (Peak" 23) 'ª Q ~¡-Iõ. <t ..- ''?s}': u. z ."Iñ,. ':; -,,,,5' Õ !Ylv, /« ~~ ^J 1> () ~ '>- 0:: <I: '" ~ w <J) ~ - <J) 0:: ::; z '" ::; <J) '" 0:: :I: I- ~ <J) ~ '-' o 0:: '" :z RELIEF CANAL RD o a: et:: ~ WILLIS RD o U DE E$ AVE Subject: Mission Oaks Preliminary PUD Concurrency Review w ?( z o ~ w :;¡ w ST LU CIE BLVD o I>t: ~ o z :¡¡ w '" w '" 0:: '" :z o ::< ::; « :I: IMMOKOLEE RD 30% (t= 61) (Peak = 7j N CP..NALAVE YVONNE DR 9S% (t=194) (Peak = 22) '" 0:: ~ '-' o 0:: :z o AVIENDAAVE ~ JUANITAAVE ljj SAN DIEGO AVE ~ GRADY DR 1S% (t = 31) (Peak = 3) ^1'~ t;:; <9< :r « I- 1'0 ~ z N ROCK RD SO% (t.. 102) (Peak = 12) COLBOURN RD LOOP RD ORANGE AVE Staff has reviewed the impacts from the proposed residential development and has determined that all of the links within the impact study area are expected to operate at an acceptable level of service in 2008. The applicant has elected to defer the Certificate of Capacity and Conclusion: '-' ~ January 12, 2005 Jason McArthur 275 Murcia Drive Unit 304 Jupiter, Florida 33458 This letter is in reference to zoning and land use for parcell I.D.number 1334-442-0010-000-0. The ZONING is agricultural residential 1 (AR-l) and the land use is residential suburban (RS) If you should need any other assistance please contact us at 772-462-1553. Thank you, '-" Audrey B. Humphrey Zoning Tech '-" Linda Pendarvis - RE: Mission Oaks PUD located in the TVC area of St. Lucie County I""age I I """. From: To: Date: Subject: "Anthea Gianniotes" <anthea@tcrpc.org> "'Linda Pendarvis'" <lindap@stlucieco.gov> 2/1/20072:10:38 PM RE: Mission Oaks PUD located in the TVC area of St. Lucie County Hi Linda, The existing future land use is RS, which allows 2 du/ac. I thought Mr. McArthur presented to me that the zoning was RS-2, but that rezoning to a PUD was necessary to use Flag lots. He seemed to be pretty far along when we met with him (he had the plan) so I assumed he had been meeting with staff and had the zoning info from the County. My mistake. However, since TVC would allow the 2 dulac (in a pattern like the counter plans, though!), I always focused on providing that number of units. I suspect some of the confusion is that the stop-gap allowed the existing density and intensity - the question is whether that limited him to only the AG-1 zoning? I think it did (check with law). Maybe he just assumed it didn't? '-" If getting the increase from ag-1 to Rs-2 (and then to PUD) would NOT have been allowed by the stop gap, then I would suggest that he be allowed to build either 1) 2 dulac only IF developed in the manner demonstrated in the counter plans (which would be allowed by TVC) or 2) develop only 1 dulac under the AG-1 requirements WITHOUT flag lots or rezoning to a PUD. Of course IF the stop gap is gone now (I don't know) you'll have to decide internally with the legal team what can be approved. I think Staff is in a much stronger position to argue the pattem, if so desired. Hope this helps. -Original Message--- From: Linda Pendarvis [mailto:lindap@stlucieco.90V] Sent: Thursday, February 01,20079:05 AM To: Anthea Gianniotes Cc: Hank Flores Subject: Mission Oaks PUD located in the TVC area of Sl Lucie County Hi, Anthea This project was before the P&Z Board on January 18, 2007. At that meeting Ms. Morgan brought up the fact that both your letters reference RS-2 zoning. Were you under the' impression that this property was zoned RS-2 ( Residential, Single Family - 2du/ac). The zoning on this property is AR-1 (Agricultural, Residential-1 du/ac) zoning district. With this information does that change your conceptual drawings and how you reviewed the plan for density? Mr. McArthur said at the meeting he was told the zoning allowed 2 dwelling units per acre and that is why he never thought he was asking for an increase in density. The application submitted by the applicant had the correct zoning district AR-1. I would appreciate any """ input you may have. Thanks Linda [---undã Pendarvis - RE: Mission Oaks PUD located in the TVC area of St. Lucie County Page 2 ! '--' ~ '-" Linda Pendarvis Planner Growth Management Planning Division 2300 Virginia Ave Ft Pierce, FL 34982-5652 lindap@stlucieco.gov Ph. (772}462-1553 Fax (772}462-1735 cc: "'Hank Flores'" <HANKF@Stlucieco.gov>, "'marcela'" <studio@tcrpc.org> 06/29/2006 11:09 7722214067 . TC REGIONAL PLANNING ., PAGE 01 '. .t> '-" TREASURE COAST REGIONAL PLANNING COUNCIL 301 EAST OCEAN BOULEVARD SUITE 300 STUART, FLORIDA 34994 PHONE: 772-221-4060 FAX: 772-221-4067 FAX TRANSMISSION Date: 9 D (NZ 2. CJ, 2ð'o rø Fax Number: 77 ¿.. l.f' 2" 2/,3 ( Number of Pages (including cover sheet): 6 '-" Operator: 'þ H Te: - L / r'2 rill h.a,rT Þ1'~(1f. Ð From: 'T(!Rr~ Project: ~/~';'O ðd~ ¡>~[) Comments: '--' (, 9 'L006 06/29/2006 11:09 7722214067 TC REGIONAL PLANNING " PAGE 02 Code: Mission Oaks PUD ~ Please fax to: Michael Brillhart 772 462-2131 St. Lucie County Commissioners 772 462-2131 Frannje HutchInson Dou¡ Cowl1"d Joe Smith Paula Lewis Chris Craft Doug Anderson 772 462-1592 Faye Outlaw 772 462~2131 Robert Nix 772 429--6427 Jason McArthur 561 694-9697 ~ .......... 06/29/2006 11:09 7722214067 TC REGIONAL PLANNING PAGE 03 \... Iune 28, 2006 Mr. Michael Brillhan Straœ¡y &: Special Projects St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982·5652 Re: Review of proposed Mission Oaks PUD Dear Mr. Brillbart: '-' This letter is in response to your letter of lune 19, 2006 reprding the Mission Oaks subdivision application. The Mission Oaks subdivision was aa:epted under the stop gap ordinance as proposed development using the e3ÛstiDg density and intensity. However, since flag lots are not permitted io tho existing RS-2 zoning category, a rezoning to PUn is necessary to approvc the submitted plan. Michael Busha and I met with Mr. McArthur and discussed his plan and the Towns, V'UJages and Countryside (TVC) Comprehensive Plan amendments and Land Development Regulations (LDRs). We explained to him that other options, besides transferring development rights or using the existing zoning were in place in the TVC, . including using PtJIj zoning. In fact, TVe affords Mission Properties tbe opportunity to increase the number of proposed units using TDR credits since hi.CI property is located inside the USB. 10 terms of consistency with the goals, objectives and policies of the TVC, we outlined the following to Mr. McArthur: 1) The intensity of the plan and tbe proposed lot sizes was consistent with the Neighborhood Edge transect category. 2) We were concerned about the lack of potential street network connectivity with the SW't'OUnding area. As submitted, the plan could accommoclate a potential future connection in the nortbemmost cul--de-sac. but. based on existing ownership patterns, this connection is less likely to be needed than a future link to the east. 3) We were concerned about the lack of a flow way system as this plan has one Jake Sbrrounded by the backs of houses, as is the C-2S canal front (policy 3.1.6.S). 4) We were concerned about the compatibiJity of blCldng houses onto Johnston Road. '-" IfBr;Jlgillg Com"'".itil!' Togtthtr- . E5L 1976 SOl I!:a,t OCe.n ....Ic...rd - Suite 31111 _ St..." FI...ld. 54"" PlIun.. t,?:a) 221-.010 - SC 2"-41150 - F.. t"Z) 221-4017 . 8-111'" . ....I.@...."....rl[ 06/29/2006 11:09 7722214067 TC REGIONAL PLANNING PAGE 04 '-" In !eSpouse to our critique, Mr. McArthur was concerned that the limitations of the size and the required location of the -=œss point of the property control the ability to comply with comments 2-4 above, but be agreed to re-orient the houses on Lots 1 and 17 on the site plan to face SabaJ Way in respœse to comment 4. I asked him if I could keep a copy of the plan to show it to the consuJtmt team for input and he readily agreed. After conferring with the consultant team, a series of alternative p]ans were developed (attached) to illustrate graphica11y bow to fundamental]y addæss connectivity of streets and the flow way system and ameliorate the issues enumerated above while maintaining or expanding the existing devdopment potential. Diagram 1. Scheme A achieves roadway connectivity, flow way and maintains the 17 proposed Jots and the location of the SO ft. wide access point. However, all lots now face a areeolflow way aloD, Johnston Rd., a centraJized green/flow way, or a promenade along the C-2S Canal. As such. all lots have the benefit of a green amenity. Two future access points are provided to the east if the adjacent agriculture land develops. \... Diagram 2. Scheme A-Alternate achieves roadway connectivity. flow way and demoustrates how plan A could be densified with the transfer of 6 TDR Credits. which is permitted under the TVC LDR.' should Mission Properties decide to use that DeW option. Diagram 3. Scheme B achieves roadway coonc:ctivityþ flow way and maintains the 17 proposed Jots and the location of the SO ft. wide access point. Al1lots DOW face a: larger grccnIfiow way along Johnston Rd., a centralized green, or a park along the C~2S Canal. As such, all lots bave the benefit of a green amenity. Two future access points arc provided to the east if the adjacent agriculture land develops. Diagram 4. Scheme B-Altemate achieves roadway connectivity, flow way and demonstrates how pIID B couJd be densified with the transfer of 6 TDR Credits, which is permitted under the TVe LDRs should Mission Properties decide to use that new option. On 1une 20, we received an emaíl from Mr. McArthur requesting tbat TCRPC's recommendations be very specific, and though he is under no obligation to use the plan layouts TCRPC created for this purpose, I hope that reviewing these alternate proposals will clarify the recommendations for both Mission Pl~ities and the County. Sincerely, ., ~.;þ~ Anthea Gianniota, AICP Cc: Board of Coumy Commissioners DOlI, Andenon. County Admini.nor Faye OUtl8W, Assisblnt County AclminiMlltor Bob Nix, Growth Management DÎnIçtor JlIon McArthur, Mi_1on Propmjes ~ 06/29/2006 11:09 7722214067 TC REGIONAL PLÞNNING PAGE 05 '-" Mission Properties Alternate Proposals Futuft Connection Future Ccmaction Futuœ CoDIIection Future Connection '-" Johnston R.d. I. SeI1eme A 17 Single Family Lots JohutoD Rd. 2. SeJaeme A-Alternate 14 Single Family Lots + 9 Townhomes *Trcmafer of 6 TDR credits required ~ Future COJUJeCtion ------- 1 Johnston R.ei 3. Sclleme B 17 Sinale Family Lots JoImston Rd. 4. Scheme B . Alternate 11 Single Family Lots + 12 TOWDbomcs *TrØ1l8fer of 6 TDR credia required '-' '--' """ 1"0: MichaeUmIlhart COMPANY: St. Lucie County .t'AX ~ UMISHR: 772-462..1648 PHONE NUMBER: MISSION PROPERTIES Phone: 561-694-9610 Pax: 561-694-9697 FA~ismm- 1'Bi: Sarah Q¡tMe DATE: 7/12/06 1UTAC NO. UP F'Ã~~ -... -;¡ 2 RE: 'URGENT IJ PLEASE COMMENT I:] !:!!:: MESsAGE: PORREVIEW c 275 Murcia Drive, Suite 304 · Jupiter. FL ... 33458 .~ ~ .. M~§§!!N July 12, 2006 Mr. Michael BriUhart St. Lucie CO\1D.ty 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Re: Proposec1 Mission Oaks PUD Dear Michael, ~ I am writing to thank you for your prompt: foUow through pursuant to our last coDversation wherein you llcdged to seek input on my site plan application 1i'om TCRPC. J was copied on your JUDe 19 1etter to Michael Busha and have had additional diaJop with Anthea Oiamñotcs in his office regarding my project. On JU11e 28Øt Anthea wrote you a response letter and in that letter she attached four conceptual. sketches showing alternate conceptuaJ schemes for my property. I believe Anthea's letter did a good job of summarlzinl my earlier meeting wi1h her and Mr. Busha. She was thoughtful enough to list their concms aJphanumerica11y and to provide my genemt responses to their conccmslfeedback. I'm sure that reacüng her recoUection of 1UY earlier meeting with the RPC was helpful to you as it was to me also. Foreniost, I am looking for direction ûom you based upon .Anthea's letter. Second, I want to offer my pefspective 10 you for your consideration as you, detennine your position as it relates to my pending application. To be candid, I had to ask Anthea what the tbrw¢ of her letter to you was. She answered my question by cxplaininl her role in the process. She bc1ieves that her job is expUcitly to assist the county in implementing the standards set forth in the TVC ameDdment. She docs not believe that it is her job to determine when Dther considerations mould prevail. Tho· examples she gave me of "other consider.ttionstt were whether or not a project was conceived ofbcfore the TVC was implemented, and the size and location of the project. I must regain forward momCl1tlm1 on'this projçet one way or another. I am under serious financial strain as it is. Redesi¡ning the project win rcqairc capital that I simply do not have. Continuing to carry the project wiD also ~ capital that J don't have. As bleak as these altemativcs arc, I am in a fàr worse position now -I'm çmyÜJ¡ tbC property at $5,000 per montn and it is not moving fQrward. For innumcnble !'CI8O!IS, I would prefer to proceed with the plan that I have submittcc1. My query of you is simply whether or not the county wilt support my current plan 01' if they will require me to start over? ' I lock forward to speaking with you soon. Thank you again for your assistance and. guidance. \.... Kind Regards, dl:::1ct1YL 2i'S MUrda Drive. SUire iI04 . Jupiter. PI. J¡l4s8 '1' $'X~U;I . ~ $"-,*,'91 Mission Properties Alternate Proposals '-' Future Connection Future Connection 623.1200 1 u 11'\ ,"' N I U '-' 598.6000 1. Scheme A 17 Single Family Lots Future Connection ~ 623.1200 598.6000 3. Scheme B 17 Single Family Lots Future Connection Future Connection 623.1200 1 u , 11'\ "', N I U 623.1200 Future Connection 598.6000 4. Scheme B - Alternate 13 Single Family Lots + 8 Townhomes ·Transfer of 4 TDR credis required I Linda Pendarvis - RE: Mission Oaks Page 1 '-' From: To: Date: Subject: "Anthea Gianniotes" <anthea@tcrpc.org> '''Linda Pendarvis'" <lindap@stlucieco.gov>, <NixR@stlucieco.gov> 11/8/20069:28:59 AM RE: Mission Oaks Please find attached file. Anthea ----Original Message--- From: Linda Pendarvis [mailto:lindap@stlucieco.gov] Sent: Wednesday, November 08, 2006 4:24 AM To: Anthea Gianniotes Subject: Mission Oaks Good Morning, Have you had a chance to review Mission Oaks? Linda Linda Pendarvis Planner Growth Management Planning Division 2300 Virginia Ave Ft. Pierce, FL 34982-5652 lindap@stlucieco.gov Ph. (772)462-1553 Fax (772}462-1735 ~'cc: "Doug Coward" <cowardd@co.st-lucie.fI.us>, <Chris_Craft@co.st-lucie.fl.us>, "Joe Smith" <Joe_Smith@co.st-lucie.fI.us>, "Paula Lewis" <barbarab@co.st-lucie.fI.us>, "Frannie Hutchinson" <hutchinf@co.st-lucie.fI.us>, "Jason McArthur" <jason@missionproperties.net>, "'Marcela'" <mcamblor@tcrpc.org> ~ I Linda Pendarvis - Mission Properties-review 2.pdf Page' ',-, , '. ::.«:"; ¡/'';, .. ,,' . ~:" ; ....:_~~v :"'.?-" '. ,,~}~~~~;i.~~'C~~~;~, JI.:L B· "...... C H¢ "~L~c~w"",,,'t,;::'~:;?,·,·· .~ ',.:. "I:t'-.;n. - ,0" :1f"'."... .u~'r·~· ,~ ,.~.." ,~~,,,~,,,!~~'C!;~:t~'~ ,,~.; ':·d~._'~:,~t1i;'ti¡' *'r"¡;è'Y "" .... .;',,; b :.~-;:~. November 3, 2006 Ms. Linda Pendarvis, Planner Growth Management St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Re: Review of proposed Mission Oaks PUD Dear Ms. Pendarivis: This letter is in response to the County's request for Treasure Coast Regional Planning Council staff (TCRPC) to review the revised Mission Oaks subdivision application stamped September 18,2006 with the proposed Towns, Villages & Countryside (TVC) Element for the North COW1ty Charrette Master Plan area. The Mission Oaks subdivision was accepted under the stop gap ordinance as proposed development using the existing density and intensity. However, since flag lots are not pennitted in the e (isting RS-2 zoning category, a rezoning to PUD is necessary to approve the submitted plan. ~ TCRPC reviewed the previous site plan and submitted written comments dated June 28, 2006 along with diagrammatic alternate proposals to help illustrate the comments. The points of concern were as follows: I) The lack of potential street network connectivity with the surrounding area. As submitted, the previous plan could accommodate a potential future connection in the northernmost cuI-dc-sac, but, based on e (isting ownership patterns, this connection was less likely to be needed than a link to the east 2) The lack of a flow way system as the proposed plan had one lake surrounded by the backs of houses, as is the c-2S canal edge (Policy 3.1.6.5 of the TVC Element). 3) The compatibility issue of backing houses onto Johnston Road. The current submittal has one important change: an eastern roadway link to future development is accommodated. This change provides the foundation for the development of alternative transportation routes within a fine grain neighborhood network for this area of the North County Charrette area, which is an important part of the TVC regulations. However, in terms of the other TVC requirements, specifically those regarding the Flow Way System, the plan has not changed. In order to e (plain the concerns and show how they can be addressed, I have attached an alternate version that meets the TVC requirements, utilizing the e (isting drainage pond. ftBri.ging Commllnities Togetber" . Est. 1976 301 Ea'l Occlt.n Boulevard· S..i.. 300 .. Slua", Florida J49'4 Phone (772) 221..4060 .. se 26'·4060 - F... (172) 221.,¡061 .. E-mail .. II.dwt¡nnitlCffU! lU... '--' Linda Pendarvis - Mission Properties-review 2.pdf Page ~ '-" Ms. Linda Pendarvis, November 3, 2006 Page two Alternate Proposal C provides the following: I) The same quantity of open space as the submitted plan (2.75 ac. plus .48 ac for Johnston Rd ROW dedication); 2) Four potential roadway connections to adjacent properties; 3) Houses facing all public rights-of-way, including Johnston Rd.; 4) Houses facing al1 Open Space components, including water bodies, which are configured as community amenities, rather than landscape buffers; 5) Open space configured to become part of the Flow Way System. Scheme C has slightly smaller lots than the applicant proposes, but all lots are larger than the maximum size recommended by the ZimmermanNolk residential market study and a\llots have the added value off acing green space or the canal. The study identifies 6600 sf. as the largest lot size (the high end singlo-family detached market niche). The applicant is under no obligation to use the plan layout TCRPC created for the purpose of clarifying the comments. Council recommends that the County find the applicant's site plan n21 consistent with the TVC. The TVC amendment is still in the adoption process. If the County decides to relieve this small property owner from full compliance, it is important that the plan not establish precedent for new projects in the TVC developing under the formally adopted amendment. ~ In terms of PUD requirements, the Site Plan (Sheet 2) states under Site Data that 2.83 acres of Open Space is required, however, the Tract assignments indicate that 2.75 acres are provided, plus the .48 acres for Johnston Rd. Right-of-way may not be counted towards fulfilling the open space requirement. Since Council is not familiar with the finer points of the code or of code interpretations that the County may operate under, Council will rely upon the County's determination of whether or n the PUD meets the open space criteria. &> Anthea Oianniotes, AICP Attachment cc: Board of County Commissioners Doug Anderson, County Administrator Bob Nix, Growth Management Director Jason McArthur, Mission Properties \... ~ Pendarvis - Mission Properties-review 2.pdf Page 3 '-" Mission Properties Alternate Proposal'C Future Connection Future Connection ~ 29S.3000 Future Connection 623.1200 " 9361 sf 1 I 9361 sf I 9361 sf I : I I =------t------t----- I I I I , I I 9361 sf I 9361 sf I 9361 sf . I ] ._1 .~ L. .",', '.".',", '.".".".',',",',. Future Connection 35.0000 598.6000 z Scheme C · Same Open Space Amount as Submitted Plan · Provides 4 future roadway connections · Houses will face public Rights-of-way · Open Space is configured as public parks · Open Space easily connected to future Flow Way System. 17 Single Family Lots Open Space total: 2.75 Be. ROW dedication: .48 Be '-"- s 11'\ ~ u I Linda Pendarvis - RE: Mission Oaks Page ~' From: "Jason McArthur" <jason@missionproperties.net> To: '''Anthea Gianniotes'" <anthea@tcrpc.org>, '"Linda Pendarvis'" <lindap@stlucieco.gov>, <NixR@Stlucieco.gov> Date: 11/101200612:05:56 PM Subject: RE: Mission Oaks Linda, Thank you very much for your skill and care in processing the Mission Oaks site plan application over past few months. I am also grateful to Ms. Gianniotes for her prompt review of this site plan. She was equally prompt the last time she reviewed it. In our fourth resubmittal, I believe we have addressed all of staffs remaining comments. Moreover, the commissioners have seen the plan in its current form -most twice. ~ I am prepared to argue for the ,merits of my plan as well as for a degree of relief from the full TVC requirements in light of numerous mitigating circumstances relating, but not limited to: (1) the size and configuration of the parcel, (2) time and money spent getting to this point, (3) utility constraints, (4) R/W requirements, etc. At this point in time, I must ask that you continue to process this application and I will bear the burden of defending my plan before the appointed and elected officials who will pass final judgment over it. Thank you again for your good faith and excellent communication. Jason McArthur 6116 SE Federal Hwy Stuart, FL 34997 (772) 463-0677 (office) (772) 463-0676 (fax) --Original Messa~ From: Anthea Gianniotes [mailto:anthea@tcrpc.org] Sent Wednesday, November 08, 2006 12:28 PM To: 'Linda Pendarvis'; NixR@stIucieco.gov Cc: Doug Coward; Chris_Craft@co.st-lucie.fI.us; Joe Smith; Paula Lewis; Frannie Hutchinson; Jason McArthur; 'Marcela' Subject: RE: Mission Oaks Please find attached file. Anthea --Original Message-- From: Linda Pendarvis [mailto:lindap@stlucieco.gov] Sent Wednesday, November 08, 2006 4:24 AM To: Anthea Gianniotes Subject: Mission Oaks Good Morning, Have you had a chance to review Mission Oaks? Linda \..r Linda Pendarvis Planner Growth Management ~ Pendarvis - RE: Mission Oaks Page ~ Planning Division 2300 Virginia Ave Fl Pierce, FL 34982-5652 lindap@stlucieco.gov Ph. (772)462-1553 Fax (772)462-1735 cc: "'Doug Coward'" <cowardd@co.st-lucie.fI.us>, <Chris_Craft@co.st-lucie.fI.us>, "'Joe Smith'" <Joe_Smith@co.st-lucie.fl.us>, '''Paula Lewis'" <barbarab@co.st-lucie.fI.us>, '''Frannie Hutchinson'" <hutchinf@co.st-lucie.fI.us>, "'Marcela'" <mcamblor@tcrpc.org> '-' '-" '--" OFFICE USE ONLY DATE FILED: REVIEW FEE: CONCURRENCY FEE: RECEIPT NO: RECEIPT NO: SP NUMBER: Pit 0 () { ... () IJ (p RESOLUTION NO: CERT. CAPACITY NO: ST. LUCIE COUNTY COMMUNITY DEVELOPMENT 2300 VIRGINIA A VENUE FORT PIERCE, FL 34982-5652 561-462-2822 APPLICATION FOR CHANGE IN ZONING TO PLANNED DEVELOPMENT (PUD, PNRD, PMUD) and CERTIFICATE OF CAPACITY DIRECTIONS Please complete the requested information and submit all items to the St. Lucie County Community Development, 2300 Virginia Avenue, Ft. Pierce, FL 34982. The proper non-refundable application fee must accompany all applications. For additional details on the information necessary for a submission of a site plan adjustment, please refer to Section 11.02.00, St. Lucie County Land Development Code. For assistance in submitting the application, please contact the St. Lucie County Department of Community Development, Planning Division. REVIEW FEES and THRESHOLDS '-' PRELIMINARY PLAN FINAL PLAN Required Review Fee Less than 20 acres $ 1500,00 $ 500.00 + $5,00 per acre 20 acres to 50 acres $ 1,800,00 > 50 acres $ 2,000.00 + $ 5.00 per acre Concurrency Fee Not required at preliminary stage $ 400,00 Minimum Size POD 10 contiguous acres ofland under common ownerShip or control PNRD " In Residential Land Use 10,000 square feet minimum lot size (under comml)n ownership or control) In Commercial Land Use 20,000 square feet minimum lot size (under common ownership or control) In Industrial Land Use 20,000 square feet minimum lot size (under common ownership or control) In Mixed Land Use 20,000 square feet minimum lot size (under common ownership or control) PMUD I acre of land per proposed land use within a Planned Mixed Use DeveloDment under common ownershiD or control Initial submissions shall include the following: 1. One (1) original of the completed Planned Development application. 2. Fifteen (15) copies of the site plan graphics. 3. Ten (10) copies of the required boundary and topographic survey. 4. Four (4) copies of the traffic impact report (if applicable). 5. Four (4) copies of the environmental impact report (if applicable). 6. Four (4) copies of the landscape plan. 7. One (1) original vegetation removal application with required surveys and photos. 8. One (I) copy of the Preliminary Drainage Data (if available). 9: One (1) copy of the St. Lucie County Property Tax Map (Scale 1 :200) with the property under petition highlighted. Received By APR 21 2005 Growth Management All applications for a Planned Development must be completed and tiled with the Department before 4:30 PM each business day to meet applicable tiling deadlines. For an application submission to be determined complete, all required materials must '-" be present at the time of submission. '-' OCATION/SITE ADDRESS UDIPNRDIPMUD NAME ROPERTY TAX ID # PROJECT INFORMATION North side ofSFWMD C-25 Canal, of Johnston Road, St. Lucie County . LEGAL DESC~PTION (attach extra LEGAL DESCRIPTION: sheets ¡fnecessary) 1/2 f th S th t 1/A The South 813.5 feet of the West 1/2 of the East 0 e ou eas I., 'of Section 34, Township 34 South, Range 39 East, St. Lucie County, Florida, 'LESS the West 40 feet and LESS the right-of-way of Canal C-25. NING DISTRICT ESCRIPTION OF PROJECT '-" TYPE OF CONSTRUCTION (Check [ .¡ ] aU appropriate boxes) UMBER AND SIZE OF UTPARCELS IF APPLICABLE ESCRIBE THE REASON FOR HE REQUESTED CHANGE IN NING IS THE PROPOSED REZONING IN CONFLICT WITH ANY PORTION OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE OR THE ST. LUCIE COUNTY COMPREHENSIVE PLAN? No '-' '-"' ST. LUCIE COUNTY APPLICATION FOR PLANNED DEVELOPMENT CHECKLIST Have you shown or provided the following required information: BOUNDARY & TOPOGRAPHIC INFORMATION: (Refer to Section Il.02.09(A)(2), St. Lucie County Land Development Code) Yes No Aerial Photograph (subject property highlighted)' .¡ Location Sketch .¡ Boundaryffopographic Survey .¡ Positive Outfall .¡ Floodplain .¡ Drainage Basin Boundaries .¡ Preliminary, SFWMD Pennit Data .¡ SITE PLAN INFORMATION: '-' (Refer to Section 11.02.09(A)(3), St. Lucie County Land Development Code) Yes No Yes No Location, Dimension, and Setbacks for all .¡ Parking & Loading Areas .¡ buildimzs Identification of maximum buildable area under .¡ Water/Wastewater Facilities .¡ review Identification of all easements .¡ Identification of all Drainage Facilities .¡ Identification of adjacent driveways .¡ Location of all streets .¡ Location of all open spaces .¡ Landscaping Plan .¡ Lighting Plan .¡ Phasing Plan .¡ Transportation Impact Report .¡ Environmental Impact Report .¡ Vegetation Removal Plan .¡ Sea turtle Protection Plan .¡ If you answered!!Q to any of the above questions, please explain in the space below: nnitImpact Rep required does not apply for '-" 03/08/2005 02:40 0000000000 = "-" SPECIAL NOTICE PAGE:. I::J:¿ (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submi9Sion oftbis application does not constitute the granting of sifc plan approval. All appropriate requiremenrs must be met prior to this project beinS presented for approval to tbe appropriate IUthority. St. Lucie County reserves che riJlht to request additional illrormaûon to ensure a c::omplcCc micw of this property/project. This application will not be COJ!.5ideted COJnPJete witbout the notarizal silllature of.U ,naem DWMn ., ...rd which $ball serve B$ an wJedgment oftb bmission of this application fur site plan approval. The properI)' owner's signature below shall also serve authori' r the above applicant or a¡eDt to act on behalf of said property owner. a~, ACKNOWLEDGMENTS Appüu.t 1.'......110. (Property DINet.per) N.me: 1"0.110"" mc.A~v.f" Add....: 'ailS M\tof"'A. t)f'~f., ':I"",,'" W"\ 1''4' i+cr, 'FL ~~"S, ....o.e: s..,· ...". ...10 F..: 5~/'''''· ..... Property Ow..r 1.,......10. '-' K"" / 'W"'. "..-, '/ , H µ"'. & I~TT<' , ï· 11 . S \ . L ~~ " l( £J ' '~l( 0. ~ > Plla.e: -1ll.. - 2.. ~ 0 . ôoO 0 STATEOFFLORlDAL ~ _, /J . COUNT"O.~ .....J;;. ,-1 tt The foregoinS instrument was I£knowledged before me this :::l::2 da;~~~4~~ wbo is personally ~ to me o~ has produœd 8e? () -r L)L -j; cl M 0 7 () 6" q 3 as identific on. ::J? 6 () f / ð .51ø 1 S '-/ {) Signature of No e /-fe7'4 ¿ Type or Prittl Name Of Notal')' ,Sa<~ 'I / NotarY Public Title Conunission Number '-- ,,- I ".tlh., -- ~ðl" .1.¢v.~fIf;£. CHERYL L SEnEG {..(J:r;,'\*~ MY COMMISSION #DO 133499 ~.~~~.: ,EXPIRES: July 14, 2006 '~,'lfn~~'cf$. b",ncted Thru Not&íy Public Underwriters Apat I.'......tin N..e: }'."",M. mC.Gav(tL 1. Â......ðL~&~~, Xf'C Add.....: 10 "--1" P&\~ p.~Moe., ...\~ ,",0\ 'kf"O '-.AC.'" , FL.- "!Þa~..O Pia...: 'U·S"'·SIoIo Fu: 'It.... 5'6..·I'IS5 &ItÞhil J?if. k.- Property Ow... N... (Pi.... Prial) f¿J /fuO~ ¿t1 rIeL.. OFFICE VSE ONLY 'roject ....In..: DRC ReY"': "ppranl Date: C.......: (Seal) 03/08/2005 02:40 000Ø000000 = ....Abl:.. 1:1'1 '-" ST. LUCIE COUNTY CONCURRENCY DEFERRAJ.. AFFIDAVIT FEE: S 15.08 I, j A9'A/\ ~W1-", V residing or doing business at Na.e (5"1\ '" q Ij - q cO () have applied for . Plloalli a 15 Mufc..\O\.D\\~.(. I SI.Á\ R ~L\ Addrcu . PUD Type of Dnelopmat Order from St. Lucie County, Florida, for the following Project: m,y",CI'<, Oa.K.s N..e 0' Proposed ø....o,....t I do hereby affirm that in COIUlcc:tion with my application for the above project. J have elected to defer the cenificate of capllCity and reservation of çapacity in public facilities fOr the above property until a later time, but no liter than the application fur a Final Development Order for the same property, I understand and acknowlcdF that the above listed property will be subject to the Certificate of Capacity betore any Final Development Order can be issued, and that St. Lude County can make no ¡uwantce that adequate public facilities will be 8vaUabte when I apply tor the Final Dm:lopmcnt Order. I fùrthcr acknowledøe that according to Section '.01.01 of the St. Lucie County Land Development Code, no Final Development approval CUI be granted unless capecity in those fllCilities is available at that time. The iNUqce of 8 Pte1iminary Development Order without. Ca1Üicacc of Capacity creates no v ed or other rilhts to develop the subject property. SIGNED: /.:a:-V'tfi"" DATE: -3 J 16/-11 'r' Applicant ~ ST ATE OF FL DA, COUNTY OF ST. LUCIE Before me, the undcniped authority perIDI1, ally ____Œ.\')£l,,>1DP WL ~ (]\:pU\hJ12... who upon . duly;wont, d ~ 5 SWOrD to and subscribed before me this dayo! - 120 . Sianatun: 0 Print Name otNotary 1i~ fi.A·J~ " "'1.'I......ft.'t' '~~~' , VANESA M. ENLOW MY COMMISSION # DD 314802 EXPIRES: April 29, 2008 Bonded Thru NoIa1y PWIIc Und8rwrftets Notary Public Title ( Seal) '-' F THE CIRCUIT COURT - SAINT LUCIE COUNTY ~~~~N#M27~~;26JrÖR ~~ERK2~29 PAGE 1136, Recorded 12/05/2005 03:45 Doc Tax: $3850.00 PM '-" Pr~ared by and return to: Tiffany N. Gonsalves Legal Assistant Rickey L. Farrell, Attorney at Law, P.A. 1595 SE Port St. Lucie Boulevard Port Saint Lucie, FL 34952.5431 772-335-5455 File Number: 04-53 Will Call No.: [Space Above This Line For Recording Datal Warranty Deed This Warranty Deed made this Ist day of December, 2005 between Bradford J. Flck and Wanda M. Fick, husband and wife whose post office address is 4166 NW Baletto Street, Port Saint Lucie, FL 34983, grantor, and Mission West, LLC, a Florida limited liability company whose post office address is 275 Murcia Drive, Suite 304, Jupiter, FL 33458, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, Jegal representatives, and assigns of individuals. and the successors and assigns of corporations. trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum ofTEN AND NO/l00 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following descnòed land, situate, lying and being in Saint Lucie County, Florida to-wit: The South 813.5 feet of the West 1/2 of the East 1/2 of the Southeast 1/4 of Section 34, Township 34, South, Range 39 East, St. Lucie County, Florida, LESS the West 0 feet and less right-of-way of Canal C-25. Doubl.TI",.. Parcel Identification Number: 1334-442-0010-000/0 '--' Subject to restrictions, reservations, covenants, conditions, any. Grantor warrants that at the time of this conveyance, the subject property homestead within the meaninl set forth in the constitu state of Flori to or a part of homestead property. Together with all the tenements, hereditaments and appurte To Have and to Hold, the same in fee simple forever, And the grantor hereby covenants with said grantee th grantor has good right and lawful authority to sell 1and and will defend the same against the lawful encumbrances, except taxes accruing subsequent to '-" OR BOOK 2429 PAGE 1137 '-' In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year fIrSt above written. 4~,s".~) Wanda M. Fick State of Florida County of Saint Lucie The foregoing instrument was acknowledged before me this 1st day of December, 2005 by Bradford J. Fick and Wanda M, Fick. who U are personally known or [X] have produced a driver's license as identifi¡;ation. I y::'/'J! ~N ,~ [Notary Sea] ~ Printed Name: .~~:, Tiffany N. GonsatveI I:f~¡~ MYeot.IMISSK)N, 00261185 EXPIRES '." -' November 7, 2007 ' ':. '~'" ~ IIOHÐmMlUTtOYfAINlNIœVrIQ.1NC ~ o Warranty Deed - Page 2 DoubleTim.. '-" BOARD OF COUNTY COMMISSIONERS GROWTH MANAGEMENl '-" February 5, 2007 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 USA In accordance with the St. Lucie County Land Development Code, you are hereby advised that Mission West, LLC has petitioned St. Lucie County for a Change in Zoning of an 8.59 acre (more or less) parcel of land from the AR - 1 (Agricultural, Residential - 1 dulac) Zoning District, which would permit approximately 7 dwelling units to the POO (Planned Unit Development - Mission Oaks Subdivision) Zoning District, and Preliminary Planned Development Site Plan Approval for the project to be known as Mission Oaks Subdivision - POO, consisting of 17 single family lots, for the following described property: Location: East side of Johnston Road, approximately 1/4 mile north of the intersection of Johnston Road and Angle Road, and adjacent to South Florida Water Control District Canal No. 25. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on February 20, 2007, County Commissioner's Chambers, St Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received '-" in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at the public hearing of this matter before the Planning and Zoning Commission and County Commission, rather than by contact outside of the scheduled public hearing(s). We encourage you to speak at these public hearings, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be swom in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-2822 if you have any questions, and refer to: File Number: PUD 05-006. ~ Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Chris Craft, Chairman JOSEPH E. SMITH, District No, I . DOUG COWARD, District No.2. PAULA A. LEWIS, District No.3. CHARLES GRANDE, District No, 4 . CHRIS CRAFT, District No.5 County Administrator - Douglas M. Anderson Website: www.co.st-lucie.fI.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GISrrechnical Services: (772) 462-2822 FAX: (772) 462-1581 Economic Development: (772) 462-1550 FAX: (772) 462-1579 Tourist Development: (772) 462-1535 1(800) 344-TGIF FAX: (772) 462-2132 \..- ~ ~ ~g~~~gg~~~~ ~ ~~~~ ~~~~~o~vv~ œ ~v~œ ,-,-,-,-,-C?qC?";",- ";" ,-MN;J; ~~~~~m.V~~NOœVV~~m~M~ ~~~~~O~~V~~~O~N~~O~ ~;J;mmmVMmm~~~~MOO~VOm ÑM;J;;J;;J;~~;J;;J;;J;;J;;J;;J;~~~;J;~~;J; ~GI S~~~~~~~~~~~~~~~~~~~~~~ ø~~~~~~~~~~~~~~v~~~~~~~ {i {iQ) m m ëii m m~ Q) Q)~ Q) ~~~~~~~~~~3~~~$~ ~~ ~3 ~,~,~,~~ ~ ,~,~,~,~ _.~ ~~ C'~ ~ ~,~ ~m- _~~~_~~~~~Ø~~'E-~~S ~Q) ø ~0~~~0~~~~~~~~ ~~-~~~e~ ~jooojooooooO~~50~~0~>Q)0 O>~~~>~~~~~~~~~ø~~~~~ ~ ~ ::; 0 > ~ N V ã5 .2: S -g S oS mO'S ã5 ø ëii ,Q) 0 ø ~ ~ ~ Q) Q) ÜN ~ MU Më- ~~~ ~ ~3~~oc_~Q)m~Q)~ø ocococ 0 ~OC_~~Eüocw~ocw~g occcoE Q)cø~c~~c~~c~EQ) ~222~E º2~~~m~20~20-ëii ~~~~~~~~«c~l¡~~£~~~~~æm øN~~~N~VV ~ ~ëQ)c'~ü~~ü-> øxooox>xx>ow -z-o~~o~e> mo~~~O>oo>~øø~om~ ~ ~z ~mONOmOmm~NOOøO~M:EW~:E~Ø ~0~ØNOOOO~N80~~MM~ØO~ ø ~~~ÑÑ~;J;~~~Ñ~~~~~Ñ~~Ñ~g; ...: q o '1 .... o ~ I!! I'CI a. I!! a. ûi :::¡ ...: o o '1 .... o ... o ø I'CI S I'CI ~ .. c I!! .. ~ U ~ c I'CI ë >C S E CD I!! 00 q'iij III > O~ 01'Cl ;:) .. ~ :I ~~ 1'CIa. 0: c .2 ~ .~ !. :lEe ..~ .2 E ~,g i-¡ õ~ ~ ~ <0 GI E I'CI c II- «~ ~ Q)~~ I!ë*~~ë . Q)~~~Q) £~ç~~~ C) C) ~ ~ GI æ æ E:E :E I'CI~ ~ C c c ..J ~ ~ ~~.siS~~ ~~¡~~~ ~« 'ãjl~ ~ Q) ø~ « ~ ':; ~ o :E 'C o ~ ~' õ tv ü ~ ~ c ~ ~ ê1? ~~ Q) ~ '¡: ~ ~= *c3 c o I!! c ~8. Ib,g. :ELi: - 'E ~ ~ i!: ~ m o o ~ m is ü: GI E I'CI C II- ~ ~» t:ø >ø >~WW ~ 'E Glã :E~ã ~~E~ m ~- 0 2 e~i!:-E~ Q»Q»~_œ! ccüc~ EQ)§0~ ~:E~EE:E 0 o~j~æ ~~~~ gc>:EW~~ ÆÆloc ~~~øo ~~~~ :E:E OU 0 ex: oc e-3 ~ ~ ~õ 8 w ü ~ GI~ «0 e-~ 0- ~ Q) E> ~~ oc~ ~ ~ I'CI~ ~~ ü~OC~ ~ 3 c~ ~_ c >-~~ Q)ü ~ ..J~ ~~ o~cc_~ -~~ ~ t:~c~Q)~- I!!~õªm~ 'E ~ ~~ ....,Su-....o Q)c8"- ~c~ ~ - GI~=~~~Q)~~~Q) ~,.Q) ~o~~~E C::) E= 0::)_ Q) 2!~ c.~ c~ ~ i!:ëii !'!¡C.~ C)~ .0~0~0~i.>ugæ~ëii~ëii~~S~O~u Oø~~~øø~~:E~~øüø~m:Ecø:E~ü: ~8~g~~88888g8gg~go::; ~oooooo....ooooooooooo 0000000000000000000 g8~8o~~~~~o~8go8~g~ 0000000000000000000 e~~~~~~~~~~~~~g~~~~~ë ~~~~~~~~NNNVM~NOMMV~M5 ~ uv VVMMMMM~~MM~~~~~~=ë!Q) "M MMOOOOOMMOOMMMMMMC.I~ ~~~~~~~~~~~~~~~~~~~~~< F . TUESDAY, FEBRUARY 6.2007 . SCRIPPS TREASURECOÄST NEWSPAPERS. 111 '- S1: LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBUCHEAmNGAGENDA FEBRUARY 20, 2007 NOTICE OF ZONING CHANGE The St. Lucie County Board of County Commissioners proposes to adopt the following by resolution. RESOLUTION NO. 06-307 A RESOLUTION GRANTING A CHANGE IN ZONING OF AN 8.59 ACRE (MORE OR LESS) PARCEL OF LAND FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DUlACRE) ZONING DISTRICT, WHICH WOULD PERMIT APPROXIMATELY 7 DWELLING UNITS TO THE PUD (PLANNED UNIT DEVELOPMENT - MISSION OAKS SUBDIVISION) ZONING DISTRICT, AND PRELIMINARY PLANNED DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS MISSION OAKS SUBOIVISION - PUD, CONSISTING OF 17 SINGLE FAMILY LOTS. . APPLICANT: MISSION WEST, LLC THE SOUTH 813.5 FEET OF THE WEST 1/2 OF THE EAST 1/2 OF THE, SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 34 SOUTH. RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS THE WEST '40 FEET AND LESS RIGHT-OF-WAY OF CANAL C- \. Location: East side of Johnston Road, approximately 1/4 mile north of the intersection of Johnston Road and Angle Road and adjacent to South Florida Water Control District Canal No. 25. nal ~ The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St.· Lucie County Administration' Building, 2300 Virginia Avenue, Fort Pierce, Florida on February 20, 2007, beginning at 6:00 P.M. or as soon thereafter as possible. Action can be taken at this meeting, ar the item can be r 'tinued to â future date and time. )rrnterested persons 'will be given an opportunity to be heard. Written comments reèeivedin .advance of the public hearing, will a.lso be considered. Written comments to thei:Joard ofCoul1ty .Commissioners should be. received by the Growth ManagemenìDepartment - Planning Division at least 3 days 'prior to the scheduled hearing. The petitionfilèis available, for' review' at "the Grawt,h. Management Departrnent 'offices located at2300VirginiaAvenue,2ndFloor,forfPierce, Florida. Please call 772/462-2822 if' you have any questions or require additional information. The St. Lucie CQuntysoard of ,Coúnty'Commi~ioners h.as the power to review and grant ~ny appliçationsWithintheir area of responsibility. ,The proceedingsofthe6oard of County Commissioners 'are electronically recoFded.PURSUANT TO SfiJCllon ,288.01ØS. ,Florida' Statutes. ifa pe~ndecides to iiPp~alany deçisionmade by the Board of County Commissioners with JeSþect,to any matter conSidered at a meeting or hearing", he willnCited a record of the proceedings. ,For such purpose, he may . need to ensure that a verbatim record of the proceedings Is made,which record include~ the testimony and evidence upon which theçpealis to be.based~ ,Upon the, reques,t of any ,party to the proceeding, incjividuals t~ifying during a hearing Will be sworn.in. Any partY to the proceeding WiUbe., granted an, opportunity to cross- examine ányindividuaLtestifylng during a "hearl"g IJpOn request If it becomes neoessarY,apublic hearing 'may be continued from time totime as maybe necessary to a date-certain. . ' ~, Inewith á disability requiring accommodation to attend this meeting ~Id contact the St. Lucie Cöunty.Cpmmunity Services Director at least forty~eight(48)hoursprior to the .meeting at 772/462-1777 or tD.p. 7721 462-1428. BOARD OFCQlINTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ISI CHRIS CRAFT,CHAIRMAN PUBLISH DAT~: FEBRUARY 8, 2007 '-" ~ ---- - I ~! \.35' 'R-O- W OEO/cATiO;:¡-- . -- , t k I , rr. : I--~ i~~---; 8 , 'e:: t & I n~!!~-1~ cb :aJ ~ ¡ I" ~ ~'~ :5 ! ~!; L~ I ZI;1 ~~ ~ ~ tII" lalCl6 a> 'iC . q ~ I~ ~ ~ ! ,~ ~~t ~ r I~ ~~~~- ,0 ~~l- \:::5 i I~ t ~~ ,~ I ,...,.......,...r-r-r-,..., r-r-r--,.......r-r-....,... , òi~¡t:¡;;;::ÕIO 00......0<I0'....(...,"'-~· ~!-n;;2::!J'Jy¡;ö!:;;2::!J'J ;t:Y¡;;2::;;2::;;2::;;æ::y¡y¡ ~ ~~~gg8g~ ~~8ggg~~ ~rr, I ~~~~~~5i~ I ~~5H:£~~~~~. I ~~~¡~¡¡¡tl ~!šiii¡·t:b".ð ~ M~~%~~'M!"1~ ;:I!;'~!'iM!"1"M~M t)~ ~I\) Q¡\O--- _Õ"'~f\)Õ__ ~.rr-¡ 9P!JIj.JI:-"p;¡;-..¡QI 99~!JI!JI~99 Q I &&&&Ò\~~&I &~~&&&&& ~ ,...,...r-r-""""""'I t::~~~iõòj~ ~ ~ I g~~gg~g I' ~ ~ I ~~~~~~~ ~ š ~~q~~q~ ~ z :> '1;'1;'1;'1;"'''1'1; , 8 ~ ~ I' \::~~;:;;:;~~ I c: ~ Z ~~~8g&g ~ ~ ~ In¡~IIª ..... . 9< i~ ~i~I~I~¡: ~~~~~~~~~~~¡~~::ÕIOQ¡"",,~~"'wl\)-~ ø ii~ M~ ~~~~~~~~~¡~~~~~~~~\::~~~~~~~ ;!J '7-0 !~:!~!t ~~~~8.~~~&:5.~&~&&~8.~~~8.&~8.~~ b ~'iS I 1\)0'I0'I1\)1\)1\)1\)1\)t...,...~....¡t...,...- 10101010 ~ ~ ~_š~~ ~~~~~~9~~~~d~~~ ~~~~~ o C ~;iii~ "'~o.",I\)"""\OQIO""\O"""~"""t..., ~~~ö;~ > Þ I:M~ ~~~~~~~~~~~~t;~~,., ~~~~~() ¡!~~~1iI 9~~¡:;~~:S~t:;:~~k;~~æ¡~~~~~~8h::h::)¡, §6 :!j!li ~~~~~~~q~~;~~~~~~~~~~~~~~~~ _'T\; __ ____(..,...._~.U'lõl\,)¿lñlI\JVlQ)I\,)I\,)~~ :_:_~!~.¡1iI ~!3'I~!JI~9'I!JI~!o;tr.;-..I~:--~:-!\J!.oIt~h::"^!-n!JI!-n!JIb co I~ ~~ ~~~~~~~~~~~~~~~q~~~~&&&&&~~ iili ~! ~~~~~~ p~~9~~~~~~~~~~~~~~~~~~~~~2 ~~ê;~~ ~~~~~~~~~~~~~~~~q~~~~~~~~~ ~~O~ ~~~~~~~~~~~~~~~~~~~m~ttt~~ ~iãaÎ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ ;:;;~¡ ~~~~~~~~~qt~~¡~~~~~~tttt¡~ æ~;z~ ii~~iii~i~~~iiiiMMiMi~~~i~ ~ . .. ;;~.;~;;~;,:l~ ~~ ~~~~~~ ~.~M$51~! :: nnnnnn ~. uã~ir j ;: !il~~! KMA~ ~¡ ~:I~i~ ~ _; !~·i!~ ;<[ ~ ¡~ ~!i!:~ i I~ ~¡ ~ ~i I~ 18~i!! i ~I I ~~ .! HJ;i;! ~~ ;<~ ~ ~i¡I!; ! U ~I!m· ! ··~i~' .~ ~ t-"!I~ .' g ~·}ij :I ~ ._.c.~) i . . uS u. f!§ HI u- . . . ~ ~ ; i p~ ~ di~~H~ · H H ~ ~~ =~,iiiii ~~ i'. · ¡; B is i . II. F ; · :"19, 11:;111 IllIil!I"'I~ II ..Iilp II' I!!I II ~ ~ ~! '"' S H~ ::c H"':-' li ~ ~ :: æ a C1 ~ H ~ c: ¡ ~ C1 ~ ~U : ~U ~ I~ ~ ~ ~ I ~ i ~ o (/. ª ~ N ~ ~I _ 0- ~! ... qm · -s i ~~ ~U ¡ ¡ n ,~'~Ci1\ I ~ ~ - PROPOSED RrlA(JWAY I/,IPRo~n'¡fNr5 __________~ ~ / FOR SUNS£ T LAKES ~~-=~=-=~~----- ~----=~-=~-= =- ~ ~\ ~- ~C,,) '<i ~2 0- æ~ f1!:Þ ",1' "'~ è p '" q :~ ~~fi ~ "'~ .. i'i ~ .. ,.. M ~ . '" ~~~ . "'.. ~ ~r )0. 1) . .r_\\.- . . .......... ....."" ..... I>,J 10 -! I ~t "f'^ '- //-L' ~~ ~ I~ L--. ~_~ ?i6¡' --, --, ~~~ J . ',,_ 7ïiJ' - '.......... '" >' '" -------------- . ~ i "\ \. \. I ~: Iml "4,,,':t;;;~"D~ 'i ~ '1 ~~ I {¡-Jì C",l..fl -e I ~ ~ / s~"~~,- /' 1 r} ~_~!F_~1Ø ..// I ,. - JEL. --:Cc-,:';;./ I , '~r~~ ~' (17) -. ,/ I--~ , / ' '--,- t '" ___________J . ~ -.. '- I ~ 07 -- . SI.9""?:?6-:;--" J ~~~~JFF[~ rlAT/VL.VLG£TATlON ~~~ ~8.):-:- ~ðð'~ 1 W. 'ror9~-- ~ ~ --------... o~ æ~ f1!:Þ "'~ "'~ ¡;¡ ~fO ICI ~ t:!ci 110'! .~ ~ ~ D) I~ i f @ I x~1111 II Ii r~1 * 718~ ~ !~ "I ~~ n !,Jh . ~ ~ ~ IBI Iii HHHi Hi Hi Hi z ~nu ~ JA¡ IIiiHHH1 niP! I I ~ iU~ ~ i. ''I ì! . ql¡ql;; ¡I. . , ~ ! ! t I A . Iii H "" " ~~~ 0 f' f' ¡¡ ~i ~ 11m ã i ~ ~" " B¡ I n ~ mlÌ~: ~ ~ H¡~¡U 1;1; !~. U~ H~I;!~ ~M~M ii' I W~§i: ~!II ¡~ ! ¡~II~~~ í!i! I 8 ~I~im ~¡~¡ 18 :(~:i~ . ! < ; ~ III § ! Q q~ ! HI ~ ~I~ ~~~ I~ë II~ i i 8 . i i ~ ~ o _.~ ¡ ~ ~'II§; · :~ ~~~ ; ~ ~~!~~; <i ~;- a" ~§ ~ ~s ~" ~! ~ ~! - . hi.' ~i ~! ~:I ~i~ " i) '; i~< ~ ~ ~ ifim ~~ ~> "!~ §~ ~~ h~ q ~~ . ~ ~ ~ ~ : I '¡ ~ . §Ui~ !~I~~ - '. ~ !! ~ s, !H ~ ~ In~~§ p~ ~H!~I nn ~r II~' ··1 .. ~ ~ ¡ Iii ~ i i i!~ ~ i!!!I" ,~! ~ -~.. ~~ a =i~ ~ ~8§ i !1!:! ,. i .1, .æ~. ."i ~~ ~ ~r~! ~~. ~ ~~"m ~~ I ~?~12 §~~ ~ ~II~ ~8 . I! i ~J i I ~' ß ~E ; < 'm ií I ~' . ~ . ~ !õ~' ~m m~~ ~~~~~ ~ I i;~ ~~ " MAR ;¿ 9 2007 -....-.- ""'" -- ~,~= =~ ~a. l!llrt1n@J IIDcdllW~¡P>I!ll1Vï1 UPµOTd 'ÁtunOJ ~pnï ·tS S~O UO!SS!W ~ ~~ ~~~~.;...~ ~iihUï ~ I ii~r r!! ~ . . . J D . . . 0 . .. I . I . , . 1 ~ 'i' Ò '" II , - !)J g~@U~~ ® © © © ~ I I I I I I - .---' 3/\1<:1{] 31 \11\1<:101 ---' I I I I I I I I I I I I I I I I I I I I I I I I I .~ ,// I -- I U u u . d Q s Q n q :I v Q d . :I p U . 'I I . n~i!~ I ! ~ ~éU 1 111 .. ~ ~ ~ ~i ~ ~Îß ~I¡¡t· ~ j i; ¡ it ¡ ¡t~1. I~)J~ shh OS ¡ ¡¡! !¡ j !~nj 1'tJt 1t"I' ii . : ~. : l : :.. . 11 ~tf II ~ II' -! !] ¡ ¡~..1 f.j;>$~ II u . ' '¡ Ii ¡ ¡ ¡ J!ii ~~; ¡.. !I¥ If t· ¡t ¡ ¡hi" 3U.llt~1 I!!! ]~ ¡ ¡;H~ ilti~Ul1f &t~·iI ~¡ ~d ] )li~t l.hUIHà B ~~ jllt!a i ~¡)IÐ t!!t!ind ~ ~I .. J.. 'J.! ! B~!l~ t"!11f1" sO¡ ! j¡ f;· ~ f! ~ ~IU I~H~t~I!~J -..."....."... III . . I 0 . I 1 . . G . . I , I . , . I ~.~3= ~~ 90I {)J]~~@] ~<dItWl§fI»{)J]1Yù ~@{)J]~JI~~ ...-.z ~ ~ . ~~ i;f.I," =~ o .,p œ o ~ = -8 0004 ~ .§ ~ U I b i I ï ....,1. u UU 81 d ~ ~ s ~ J U ~ upµow: 'áuno~ ~pnï "1S S~O UO!SS!W ~ N I 0 .. ., to j """"" .. VJ Õ ¡!j' ~1 Q .I"f~ 1~~IiJ I I~ 'I ~. i~; Ii Pli ; J :~i .1 ! b j~ li~ .. .. .... ff.:I,;: "'C ~ o I j ~ ; I I I I ! I I I I . I I ! ~ ~ I ~ " ~ ~ " " ~ ~ " " ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .. Ii .. å " : ~ .. \I .. . : : ~ a ~ = '" - ~ : - '" . i: :, , \I .. ~ .. .. ~ ~ ~ ~ š k " , :I: ~ ~ - h t.~ I I z ; Ii '0 i I U I~ ß I~ h I ~ j~ ~; ~i II þ~ Jp ¡it I:õo bill !I d I~ II pi! ~? Ii ~ a I! ~. t ! . i = ! " ~ " = B 5 ! " E a ~ a ~ ¡ 5 ~ ~ ~ ~ ¡ l i E ¡ ¡ E ~ ~ ! ~ ~ tã~ -~ P-4 II bO:" c:1 .~ ª 0 ø:: ° ~ § {/J ~ c:1 ~ .J: 0 ~ VJ ..... """"' ....::I ~ tä - t:l.. 01 IJ::!·oopUllOJO Puv IqIUtJS d ~ i I ~ I i ~ ~ ~ e I I ~ , ÞG II I J I I. I I i i d I I~ ~fi ~q ; I I~ fl ~; ~; ~ .. .. ! ÌI Ì Ì Ì .. T ! ¡ ¡ ~ ~ ~ . æ .. b ¡ Ì ! ! ... ,. 11 ,. 11 .. ¡ ¡ ¡ ¡ ¡ ~ ¡ . I . I ~~ R~ ~~ 1111 I~ Il Ii I- i is ~ I~ ~~ ¡I ¡I ~ t - ~ . " I '" II ~ R I . - , ~ ~ I . ~ ~ v ÌI ~ k & ~ ~ ~ . . S1DJ'Id Puv """'-L 11 ~ J V ~ d 8 ~ I P U 8 '1 AGENDA REQUEST ITEM NO.3l!2 Date: April 3, 2007 Regular [ ] Public Hearing [X] Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Ordinance No. 07-010 (Animal Registration) - Establishing Animal and Breeder Registration Requirements BACKGROUND: See C.A. No. 07-0485 FUNDS A V AIL.(State type & No. of transaction or N/ A): N/ A RECOMMENDA TION: Staff recommends that the Board of County Commissioners adopt proposed Ordinance No. 07-010, as drafted. [~APPROVED [ ] DENIED [ ] OTHER: ou las M. Anderson County Administrator COMMISSION ACTION: Approved 5-0 Motion to include therapy dogs be treated the same as service dogs. k Coordination/Signatures Mgt. & Budget: :::~a-02-_ Originating Dept.: Other : Finance (Check for Copy only, if applicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 07-0485 DATE: March 28, 2007 SUBJECT: Ordinance No. 07-010 (Animal Registration) - Establishing Animal and Breeder Registration Requirements BACKGROUND: On April 3, 2007, the Board of County Commissioners will conduct a public hearing to consider the adoption of proposed Ordinance No. 07-010 which would require the registration of dogs and cats over the age of four months as well registration of dog and cat breeders in the unincorporated areas of the County. A copy of the proposed ordinance is attached to this memorandum. A "breeder" would be defined as any person whose cats or dogs produce a total of two or more litter within a twelve month period. Registration tags would be available through the Humane Society and participating local veterinarians. Certain exemptions are provided in Section 1-4-30(g), including vaccinated animals belonging to temporary residents (less than six months per year), animals in the custody of research and veterinary facilities, pet shops, and shelters, and animals kept on property zoned AG-l, AG-2.5, AG-4 or PUD where livestock is permitted. The ordinance provides for the Board to establish a fee schedule by resolution. Staff intends to propose a differential fee schedule based upon the sterilization status of the registered animal. The fee resolution will be considered as a separate agenda item on April 3, 2007 following the public hearing on the proposed ordinance. Funds generated from the issuance of registration tags and breeder registration certificates would be used to fund spay and neuter programs in the County. If adopted, the ordinance would take effect October 1, 2007. 1 RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners adopt proposed Ordinance No. 07-010, as drafted. Attachment HY/ Copies to: County Administrator Public Safety Director Management and Budget Director Animal Control Coordinator Deputy Clerk Press/Public 2 Respectfully submitted, ~~~ Heather Young Assistant County Attorney, ORDINANCE NO. 07-010 AN ORDINANCE AMENDING CHAPTER 1-4 "ANIMALS AND FOWL" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1- 14-16 (DEFINITIONS) TO ADD A DEFINITION OF "BREEDER"; CREATING ARTICLE III, "REGISTRATION" TO REQUIRE REGISTRATION OF DOGS AND CATS; CREATING SECTION 1-4-29 (REGISTRATION REQUIRED; EFFECT ON DOGS OR CATS IN EXISTENCE ON THE EFFECTIVE DATE OF THE ORDINANCE); CREATING SECTION 1-4-30 (ISSUANCE OF ANIMAL REGISTRATION/IDENTIFICATION TAGS); CREATING SECTION 1-4-31 (BREEDER REGISTRATION REQUIRED); CREATING SECTION 1-4-32 (ISSUANCE OF BREEDER REGISTRATION CERTIFICATE); CREATING SECTION 1- 4-33 (ENFORCEMENT AND PENALTIES); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPLICABIUTY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, Section 125.01, Florida Statutes, authorized 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 1-4 (Animals and Fowl) of the St. Lucie County Code of Ordinances and Compiled Laws (the "Animal Control Ordinance") provides for the regulation and control of animals in the unincorporated areas of St. Lucie County; and, WHEREAS, on this _ day of ,2007, at a duly advertised public hearing, the Board determined that it is necessary and in the public interest to amend the Animal Control Ordinance to establish a differential registration/identification tag program for dogs and cats as an appropriate means of (a) promoting public health and safety, (b) facilitating the identification and return of stray and last dogs and cats, and (c) encouraging spaying and neutering to reduce the pet overpopulation in St. Lucie County in order to effectively enforce the provisions of Chapter 1-4. Strl:J€:1< tkreugh passages are deleted. Underlined passages are added, -1- NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART B. AMENDMENT OF CHAPTER 1-4 (ANIMALS AND FOWL) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, BY AMENDING SECTION 1-4-16 (DEFINITIONS). Section 1-4-16 (Definitions) of Chapter 1-4 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to add a definition of "breeder" as follows: Section 1-4-16. Definitions. ************************************* Breeder. Any person who owns. keeps. harbors. maintains. or has custody of any dog or cat which produce a total of two or more litters during a twelve (12) month period. ************************************* PART C. AMENDMENT OF CHAPTER 1-4 (ANIMALS AND FOWL) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, TO CREATE ARTICLE III, (REGISTRATION). Article III (Registration) of Chapter 1-4 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby created to read as follows: ARTICLE III. REGISTRATION Section 1-4-29. ReQistration required; effect on dOQS or cats in existence on the effective date of the ordinance. Except as otherwise provided herein. it shall be unlawful for any person to own. keep, harbor. maintain. or have custody of any dog or cat four (4) months or older. unless such dOQ or cat has been currently reQistered in accordance with the provisions of this ordinance. Any dog or cat four (4) months or older on the effective date of this ordinance and which has a current valid rabies vaccination as of the effective date shall be reQistered in accordance with the provisions of this ordinance. Stf'UcI< thf'eu~h passages are deleted. Underlined passages are added. -2- Section 1-4-30. Issuance of animal re9istration/identification taQs. {g) All owners or custodians of dOQS and cats in the unincorporated areas of St. Lucie County shall obtain a St. Lucie County registration/identification tag for each dOQ and cat by the age of four (4) months that they own. keep. harbor. maintain, or have in custody as follows: ill Within thirty (30) days of acauirinQ the doc¡ or cat; or (2) Within thirty (30) days after the owner or custodian takes residence in the unincorporated areas of St. Lucie County. whichever occurs later. í.Q.) Except as provided herein. reQistration/identification taQS should be securely fastened about the animal's neck by a collar or other device so as to be clearly visible at all times. DOQS and cats not so ree¡istered/identified may be considered stray and in violation of Section 1-4-22 and may be impounded as therein provided. A vaccination certificate and if applicable. a sterilization certificate. issued by a veterinarian must accompany all applications for a St. Lucie County registration/identification ta9· ff1 The rec¡istration/identification taQ shall be valid for one (1) year from the date of issuance or date of the rabies vaccination. whichever is earlier for unsterilized animals and for the lifespan of sterilized animals. (Q) Animal owners or custodians shall purchase a reQistration/identification tae¡ directly from (1) any participating veterinarians' office displayin9 the St. Lucie County Animal Control Division Seal. and (2) the Humane Society of St. Lucie County. Inc.. 100 Savannah Road. Fort Pierce. Florida 34982. Such request shall include proof of current vaccination affidavit as set forth above in Section 1-4-30(b) and a sterilization certificate duplicate copy. if applicable. Participating veterinarians shall provide the Humane Society of St. Lucie County. Inc.. with a list of all licenses issued which shall maintain a database of such information. The fees for registration/identification taQs shall be established by resolution of the Board. The County shall pay participatinQ veterinarians and the Humane Society of St. Lucie County. Inc., respectively. the sums to be determined by resolution of the Board for each reQistration/identification tag sold. W No re9istration/identification taQ shall be transferable from one animal to another nor from one owner to another. Upon transfer of a previously reQistered animal to a new owner or custodian. the owner or custodian shall have a period of thirty (30) days Stf'UcI( tAf'eu§h passages are deleted. Underlined passages are added. -3- RESOLUTION NO. 07-077 A RESOLUTION ESTABLISHING A FEE SCHEDULE FOR ANIMAL REGISTRATION AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On X, 2007, the Board adopted Ordinance No. 07-010 which amended Chapter 1-2 "Animals and Fowl" of the Code of Ordinances of St. Lucie County, Florida by creating Article III, "Registration" to require registration of dogs and cats and breeders in the unincorporated areas of the County. 2. Subsection 1-4-30(d) of the Code of Ordinances provides for the Board to establish by resolution a fee schedule for the issuance of registration/identification tags and registration of breeders pursuant to Ordinance No. 07-010. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The following fee schedule shall apply for issuance of animal registration/identification tags pursuant to Chapter 1-4, St. Lucie County Code of Ordinances: A. Sterilized cat or dog - (1) $10.00 annual fee per animal (2) $25.00 lifetime fee per animal B. Multiple sterilized pets/one owner -:- (1) First sterilized cat or dog - $10.00 annual fee, $25.00 lifetime fee (2) Second sterilized cat or dog - $8.00 annual fee, $20.00 lifetime fee (3) Third sterilized cat or dog - $6.00 annual fee, $15.00 lifetime fee C. Sterilized cat or dog with Senior Exemption - $7.50 annual fee per animal (proof of owner's current additional homestead exemption for 1 persons 65 and older pursuant to Section 1-19.3-86, St. Lucie County Code of Ordinances, required at~fbof issuance) Non-sterilized cat or dog - $~ annual fee per animal C. D. Breeder's registration - $100.00 annual fee F. Replacement tag - $5.00 per tag 2. All fees hereunder shall be paid directly to the collecting entity which shall in turn remit the funds collected, minus approved administrative expenses, to the County on a monthly basis. 3. Annual fees shall be due on or before October 1st. 4. This resolution shall take effect on October 1, 2007. After motion and second the vote on this resolution was as follows: Chairman Chris Craft XX Vice Chairman Joseph E. Smith XX Commissioner Paula A. Lewis XX Commissioner Charles Grande XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED this XX day of XX, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 9: \atty\resoltn \2007\07 -077,doc 2 within which to comply with the requirements of this ordinance. ill Net proceeds accruing to the County from the sale of cat or doq registration/identification tags shall be turned over to the Clerk of the Circuit Court to be placed in a fund desiqnate as the "Animal Reqistration Fund." The proceeds shall be used for spay/neuter programs in St. Lucie County operated by the St. Lucie County Humane Society. fg} The reqistration provisions of this article shall not apply to: ill Any owner or custodian who is a nonresident or temporary resident. as defined herein. provided that the owner's animal has been vaccinated for rabies. which vaccination remains valid under the laws of St. Lucie County for the duration of the anticipated stay within the unincorporated areas of the County. A "temporary resident" as used herein shall be defined to mean a person who intends to reside in the unincorporated areas of the County for a total period of less than six months durinq any twelve-month period. All other requirements includinq but not limited to restraint obliqations shall apply; or. ill The ownership. care, custody or maintenance. in the ordinary course of business. of any animal by a research or veterinary medical facility, government operated or authorized animal shelter. humane society facility, boardinq facility, or commercial pet shop. provided that said shelter, facility. or shop is operatinq in accordance with all applicable occupational licensinq and zoning ordinances. ill Doqs and cats kept on property zoned AG-l. AG-2.5, AG-4. or PUD where livestock is permitted. Section 1-4-31 Breeder registration required It shall be unlawful for any person to operate as a cat or dog breeder unless such person has been currently registered as a breeder in accordance with the provisions of this ordinance. Any breeder shall be registered in accordance with the provisions of this ordinance. 5trt:Jel( tRrel:lgh passages are deleted. Underlined passages are added. -4- Section 1-4-32. Issuance of breeder reQistration certificate. {g) All breeders of cats and/or dOQS in the unincorporated areas of St. Lucie County shall obtain an annual St. Lucie County breeder reQistration certificate on or before October 1st of each year. (Q} The breeder reQistration number shall be included in all advertisements for sale of any animals offered for sale or breedinQ by the breeder. í.£} Breeders shall obtain a reQistration certificate directly from (1) any participatinQ veterinarians' office displayinQ the St. Lucie County Animal Control Division Seal, and (2) the Humane Society of St. Lucie County, Inc.. 100 Savannah Road, Fort Pierce, Florida 34982. Such request shall include proof of current vaccination affidavit as set forth above in Section 1-4-30(b) and a sterilization certificate duplicate copy, if applicable. Participating veterinarians shall provide the Humane Society of St. Lucie County, Inc.. with a list of all licenses issued which shall maintain a database of such information. The fees for breeder registration shall be established by resolution of the Board. The County shall pay participating veterinarians and the Humane Society of St. Lucie County, Inc., respectively, the sums to be determined by resolution of the Board for each registration certificate issued. û;!) The breeder reQistration certificate shall be non-transferable. W Net proceeds accruinQ to the County from the sale of breeder reQistration certificates shall be turned over to the Clerk of the Circuit Court to be placed in a fund designate as the "Animal ReQistration Fund." The proceeds shall be used for spay/neuter programs in St. Lucie County operated by the St. Lucie County Humane Society. Section 1-4-33 Enforcement and penalties This article shall be enforced in accordance with the enforcement and penalty provisions set forth in Section 1-4-26. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. Struel< tRreu~h passages are deleted. Underlined passages are added. -5- PART D. 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 circumstance, such holding shall not affect its applicability to any person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect October 1, 2007. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft Vice Chairman Joseph E. Smith Commissioner Paula A. Lewis Commissioner Charles Grande Commissioner Doug Coward xxx XXX XXX XXX XXX PART G. 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 intentiòn; provided, however, that Parts B through F shall not be codified. StrLJd( tbreU§R passages are deleted. Underlined passages are added. -6- PASSED AND DULY ADOPTED this day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney g: \atty\ordnance \2007\07 -OlO.doc Strl:Jel( tRreu9R passages are deleted. Underlined passages are added. -7- -~ AGENDA REQUEST ITEM NO. (p Date: April 3, 2007 Regular [ X ] Public Hearing [ ] Consent I ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Resolution No. 07-077 - Establishing a Fee Schedule for Animal and Breeder Registration BACKGROUND: See C.A. No. 07-0486 FUNDS A V AIL.(State type & No. of transaction or N/ A): N/ A RECOMMEND A TION: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 07-077 as presented. Staff further recommends that the Board review the success of the registration program and the fee schedule on or before August 1, 2008. COMMISSION ACTION: CONCURRENCE: [~APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Do gl M. Anderson County Administrator Coordination/Signatures County Attorney: Mgt. & Budget: Purchasing: Other: Other: INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 07-0486 DATE: March 28, 2007 SUBJECT: Resolution No. 07-077 - Establishing a Fee Schedule for Animal and Breeder Registration BACKGROUND: On April 3, 2007, the Board of County Commissioners will conduct a public hearing to consider the adoption of proposed Ordinance No. 07-010 which would require the registration of dogs and cats over the age of four months as well registration of dog and cat breeders in the unincorporated areas of the County. Section 1-4-30(d) of the proposed ordinance provides for the Board to establish registration fees by resolution. In determining the appropriate fee schedule for animal and breeder registration, the Board should consider the three stated purposes of the animal registration ordinance: (1) promote public health and safety, (2) facilitate the identification and return of stray and lost animals, and (3) encourage sterilization of dogs and cats to reduce pet overpopulation in the County. Attached to this memorandum is a copy of proposed Resolution No. 07-077 which would establish a fee schedule for animal registration. Staff is recommending the Board adopt a differential fee schedule based upon the sterilization status of the registered animal. The proposed resolution provides for an annual fee of $10.00 for sterilized animals. For owners with multiple sterilized pets, a graduated fee schedule is included. For persons qualifying for the senior property tax exemption, the annual fee for sterilized animals would be reduced to $7.50. The proposed fee schedule would also establish an annual $100.00 fee for breeders. The cost of a replacement tag would be set at $5.00. A survey of fees charged by other Florida jurisdictions is also attached for the Board's reference. 1 Staff has received input on the fee schedule from several groups, including the Humane Society of St. Lucie County, Inc., the Animal Rights Foundation of Florida (ARFF), and the CV Perry Foundation, Inc., with regard to the best means by which to achieve the goals of the ordinance. That input has focused on two areas: (1) the appropriate fee for non-sterilized animals, and (2) the annual versus lifetime fee. The Humane Society advocates a fee in the range of $35.00 to $40.00 for non-sterilized animals which corresponds to the cost of a spay or neuter procedure through its clinic. On the other end of the spectrum, ARFF and the Perrys have indicated their support for a $100.00 fee for such animals. The positive side of a higher fee for non-sterilized animals is that it may serve as an incentive for persons to have their pets spayed or neutered which will eventually result in a lower number of unwanted animals born in the County. On the negative side, a higher fee may cause such pet owners to evade the program or simply turn their pets over to the County or Humane Society if cited for failure to register. Based on the above, staff recommends that the Board consider adoption of a $75.00 annual fee for non-sterilized animals. With regard to the annual versus lifetime fee, a lower annual fee is expected to prove more attractive for immediate economic reasons or for those persons with an older pet. On the other hand, a lifetime fee would prove a more economic choice over time for an owner but may cause tracking problems for a lost pet if the owner moves during the lifetime of the pet. If the Board chooses to adopt a lifetime fee as well as an annual fee, staff recommends that the lifetime fee be limited to sterilized animals and equal at least twice the annual fee as set forth in the proposed resolution. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 07-077 as presented. Staff further recommends that the Board review the success of the registration program and the fee schedule on or before August 1, 2008. Respectfully submitted, ~-~~ Heather Young Assistant County Attorney 2 Attachments HY/ Copies to: County Administrator Public Safety Director Management and Budget Director Animal Control Coordinator Deputy Clerk Press/Pub I i c 3 RESOLUTION NO. 07-077 A RESOLUTION ESTABLISHING A FEE SCHEDULE FOR ANIMAL AND BREEDER REGISTRATION AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On April 3, 2007, the Board adopted Ordinance No. 07-010 which amended Chapter 1-2 "Animals and Fowl" of the Code of Ordinances of St. Lucie County, Florida by creating Article III, "Registration" to require registration of dogs and cats and breeders in the unincorporated areas of the County. 2. Subsection 1-4-30(d) of the Code of Ordinances provides for the Board to establish by resolution a fee schedule for the issuance of registration/identification tags and registration of breeders pursuant to Ordinance No. 07-010. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The following fee schedule shall apply for issuance of animal registration/identification tags pursuant to Chapter 1-4, St. Lucie County Code of Ordinances: A. Sterilized cat or dog - (1) $10.00 annual fee per animal (2) $25.00 lifetime fee per animal B. Multiple sterilized pets/one owner - (1) First sterilized cat or dog - $10.00 annual fee, $25.00 lifetime fee (2) Second sterilized cat or dog - $8.00 annual fee, $20.00 lifetime fee (3) Third sterilized cat or dog - $6.00 annual fee, $15.00 lifetime fee C. Sterilized cat or dog with Senior Exemption - $7.50 annual fee per animal (proof of owner's current additional homestead exemption for 1 persons 65 and older pursuant to Section 1-19.3-86, St. Lucie County Code of Ordinances, required at time of issuance) C. Non-sterilized cat or dog - $75.00 annual fee per animal D. Breeder's registration - $100.00 annual fee F. Replacement tag - $5.00 per tag 2. All fees hereunder shall be paid directly to the collecting entity which shall in turn remit the funds collected, minus approved administrative expenses, to the County on a monthly basis. 3. Annual fees shall be due on or before October 1st. 4. This resolution shall take effect on October 1,2007. After motion and second the vote on this resolution was as follows: Chairman Chris Craft XX Vice Chairman Joseph E. Smith XX Commissioner Paula A. Lewis XX Commissioner Charles Grande XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED this XX day of XX, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY g: \atty\resoltn \2007\07 -077.doc 2 Letter P From: To: Date: Subject: <cvpf@bellsouth.net> <liz@co.st-Iucie.ft.us> 4/2/2007 4:30 PM Fw: HSUS Letter . ------Original Message------ From: Laura Bevan To: Susan M Parry Sent: Mar 28, 2007 2:27 PM Subject: HSUS Letter March 28, 2007 The Honorable Chris Craft Chairman St. Lucie County Commission 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Chairman Craft and Commissioners: I am writing you in support of Resolution No. 07-077 establishing a fee schedule for animal registration in St. Lucie County. The Humane Society of the United States (The HSUS) has long been a proponent of this type of licensing and views it as an effective tool to combat the pet overpopulation problem. As you may know, up to eight million dogs and cats enter shelters each year in this country, and about half must be humanely euthanized due to a lack of good homes. Differential licensing helps promote spaying and neutering by charging higher licensing fees for animals that are not spayed or neutered. This policy provides an important incentive for pet owners to have their animals sterilized. At the same time, it penalizes those pet owners who allow their pets to add to the ever-increasing pet overpopulation problem. The HSUS recommends that the differential licensing fee for fertile cats and dogs be as disparate as possible to that of sterilized pets so that owners of unaltered dogs or cats will realize that spaying and neutering means substantial savings in license fees. It is critical that, at the same time, efforts be made to educate the public about differential licensing and to include what their responsibilities are, and why it is important that they comply with the laws. I understand that the resolution is proposing a fee of $100 for unsterilized animals, with the monies going etter .. , into an "Animal Registration Fund" that will be used to pay for spay/neuter programs in the county. This fund will the financially assist the owners of unsterilized pets with the cost of the surgery, and thus enable them to qualify for the sterilized pet registration. A great deal of evidence supports the effectiveness of differential licensing as a means of addressing pet overpopulation. For example, the Animal Control Division of the City of Alexandria, Virginia, surveyed 21 animal care and control agencies on differential licensing policies. Ninety percent of respondents affirmed that differential licensing had reduced the number of stray animals within their jurisdictions. A reduction in the number of stray animals handled by animal control and local animal shelters means a long term savings for the county in the costs of capture and housing of such dogs and cats. The official message communicated through differential licensing is that pet overpopulation is a serious problem that must be addressed. It is an important aspect of any animal care and control program and one The HSUS supports wholeheartedly. I have enclosed materials on differential licensing programs for your review. Unfortunately, prior commitments keep me from attending your commission meeting, but please feel free to contact me if you have any questions or need any additional assistance. Sincerely, Laura Bevan, Director The Humane Society of the United States Southeast Regional Office Interested in taking action online to help animals? Then join our online community and sign up for our Humane Action Network. Go to www.hsus.org/join: <http://www.hsus.org/join> . Sent via BlackBerry from Cingular Wireless AGENDA REQUEST ITEM NO. ...L- DATE: April 3,2007 REGULAR [] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Development Agreement with Geoplasma BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Agreement and authorize the Chairman to sign the Agreement. [ ] APPROVED [ ] DENIED (~ OTHER: Do las nderson County Administrator COMMISSION ACTION: Commission concurred to continue this item to the applicants request in order to answer questions and concerns as~ed by the Commissionen. \..uurllY I'ITTorney: 1 ~/ Review and Approvals Management & Budget Purchasing: Originating Dept. Solid Waste Dir: County Eng,: Finance: (Check for copy only, if applicable) Eft. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 07-563 DATE: March 29, 2007 SUBJECT: Development Agreement with Geoplasma *************444444444444444444444444444444444444444444444444444444444*************** BACKGROUND: In 2006, the County issued a Request for Qualifications from firms that are qualified to manage the County's Municipal Solid Waste by using a plasma gasification faci lity. Geoplasma submitted a State of Qualifications in response to the County's Request for Qualifications. The Board selected Geoplasma to permit, finance, design, construct, own and operate a plasma gasification facility for the benefit of the County. The proposed facility will be located at the County's Glades Road Landfill on land that would be leased from the County. The facility will gasify certain types of waste material at the landfill, generate electricity that will be used to operate the facility, and generate additional electricity that will be sold to an electric utility or other third party. The proposed facility initially will be built with sufficient capacity to gasify at least one thousand (1,000) tons per day of solid waste. The parties anticipate that the facility will be expanded in the future and its capacity to gasify solid waste will be increase dot three thousand (3,000) tons per day. Attached to this memorandum are copies of the following documents: Letter dated March 28,2007 from David Dee, Esquire, summarizing the key provisions of the Development Agreement. Proposed Agreement for the development and operation of the St. Lucie Plasma Gasification Facility between the County and Geoplasma-St. Lucie, LLC Mr. Dee will be present at the April 3 meeting to discuss the Agreement and answer questions. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Agreement and authorize the Chairman to sign the Agreement. DSM/caf Attachments YOUNG vANAssENDERP, EA. ATTORNEYS AT LAW ATTORNEYS: GALLIE'S HALL 225 SOUTH ADAMS STREET SUITE 200 POST OFFICE Box I 833 (ZIP 32302- I 833) TALLAHASSEE, FLORIDA 3230 I OF COUNSEL ATTORNEYS: TASHA O. BUFORD DAVID S, DEE RONALD A. LABASKY JOHN T. LAVIA, III PHILIP S. PARSONS TIMOTHY R, QUALLS KENZA VAN ASSENDERP ROBERT SCHEFFEL WRIGHT ROY C, YOUNG DANIEL H. COX DAVID B. ERWIN JOSEPH W. LANDERS, JR, TELEPHONE: (850) 222-7206 TELECOPIER: (850) 56 I -6834 GEORGE ANN C. BRACKO EXECUTIVE DIRECTOR March 28, 2007 Dan McIntyre St. Lucie County Attorney 2300 Virginia Avenue, 3rd Floor Administrative Annex Ft. Pierce, Florida 34982 Re: St. Lucie Countv's Development Agreement with Geoplasma Dear Mr. McIntyre: St. Lucie County ("County") hired this law firm to assist the County in its negotiations with Geoplasma-St. Lucie, LLC ("Geoplasma") concerning the development and operation of a plasma arc gasification facility ("Facility") 1. We subsequently helped the County prepare a draft "Agreement for the Development and Operation of the St. Lucie Plasma Gasification Facility" ("Development Agreement") dated March 28, 2007. The draft Development Agreement will be presented to the Board of County Commissioners ("Board") for its consideration on April 3, 2007. This letter summarizes some of the key provisions in the draft Development Agreement that should be considered by the Board.2 1 The capitalized terms in this letter are defined more specifically in Schedule 1, which is attached to the Development Agreement. 2 We have relied upon the expertise of the County's staff and consultants when preparing the Development Agreement and this letter. The County's staff and consultants have been responsible for evaluating the technical, environmental, and financial aspects of the County's proposed business arrangement with Geoplasma, including but not limited to the environmental and economic impacts associated with the use of the Geoplasma Facility. Technical, financial, and policy issues are outside of our area of expertise and, therefore, we express no opinions about them. Dan McIntyre March 28, 2007 Page 2 of 14 1. Overview of Development Agreement The Development Agreement contains the general concepts that will guide the County and Geoplasma as they move forward with the implementation of their plans to develop the Facility. The Development Agreement provides that Geoplasma shall design, permit, finance, build, own, and operate the Facility.3 The Development Agreement requires the County to (a) provide land where the Facility will be built, (b) provide certain types and quantities of solid waste to the Facility, and (c) pay certain fees to Geoplasma.4 The Development Agreement contains some specific requirements for the parties, but most of the specific requirements for the Facility will be negotiated later and set forth in a separate agreement, which will be called the "Ground Lease". The following topics are addressed in the draft Development Agreement and this letter: 1. The Schedule Under The Development Agreement .................................3 2. Geoplasma's Exclusive Right to Process County Waste..........................3 3. The Site...................... ................. ..... ......... ....................... .................. ... ....3 4. The Geoplasma Facility........ .................. ......... ............. ....... ................. ....4 5. The Processing Fee.... ................. ............ .................... .......................... ....4 6. The Weekly Minimum Delivery Tonnage................................................5 7. Reductions in the Weekly Minimum Delivery Tonnage ..........................5 8. No Limits On The Origin of County Waste..............................................6 9. Acceptable and Prohibited Solid Waste....................................................6 10. Geoplasma's Right to Accept Other Waste At Any Time......................6 11. Reusable Materials... ...................................... ..... ..... ............ ............... .... 7 12. The County Must Use Best Efforts To Deliver Solid Waste..................7 13. No Liability For Shortfalls If County Uses Best Efforts ........................8 14. The County's Liability for Shortfall Damages .......................................8 15. Geoplasma's Right to Seek Other Solid Waste To Avoid A Shortfall...9 16. The Priority For Waste Processing .........................................................9 17. The County's Liability For Processing Fee ............................................9 18. The County's Liability for Breach Of Contract .....................................10 19. The Insurance Provided By Geoplasma..................................................l 0 20. The Indemnification Provided By Geoplasma........................................l 0 21. Potential Relief From Requirements In Agreement................................l0 22. The Minimum Annual Performance Tonnage ........................................11 23. No Specific Performance Criteria For Waste Processing .......................11 24. Disposal of Slag In County Landfills......................................................ll 25. Geoplasma's Determination of Completion of Construction .................12 26. Termination for Failure to Commence Construction.............................. 12 27. Increased Rent.......... .... ..~. .................................... ........ .......................... .12 28. Geoplasma's Guarantees Concerning Airborne Emissions ....................13 3 See Sections 1.I(a) and 1.2(b) of the Development Agreement. All of the following citations in this letter refer to the provisions in the Development Agreement. 4 Sections 1.1 (b) and 1.2( c). Dan McIntyre March 28, 2007 Page 3 of 14 II. Specific Requirements in the Development Agreement Some of the major concepts in the Development Agreement are summarized in the following sections of this letter. This letter also contains footnotes that identify the relevant sections of the Development Agreement. You should carefully review the Development Agreement itself for a more complete understanding of its terms and conditions. 1. The Schedule Under The Development Agreement The Development Agreement establishes the ITamework for a long-term relationship between the County and Geoplasma. After the Development Agreement is signed by the County and Geoplasma ("the Parties"), the Parties must negotiate and execute a mutually acceptable Ground Lease containing the detailed requirements for the Parties' activities in the future.s After the Ground Lease is executed, Geoplasma will need to obtain permits and financing before Geoplasma commences construction of the Facility. The Development Agreement is based on the assumption that Geoplasma may need up to five years to commence construction, an additional three years to complete construction, and an additional six months for a "startup and shakedown period" at the Facility.6 The commencement of operations at the Facility could be delayed further under various scenarios. The Development Agreement will remain in effect for twenty years after the commencement, of operations at the Facility, unless the agreement is terminated earlier or extended.7 Thus, the Development Agreement will govern the Parties' relationship for at least twenty years and perhaps thirty years or more. 2. Geoplasma's Exclusive Right To Process County Waste During the term of the Development Agreement, Geoplasma will have the exclusive right to process the County's solid waste. 8 The Development Agreement prohibits the County ITom entering into new contracts with anyone other than Geoplasma for the processing and disposal of the County's solid waste. There is one exception to this prohibition-the County may divert solid waste to its landfills or other facilities if Geoplasma is unable or unwilling to accept the solid waste that is tendered to Geoplasma by the County. 3. The Site The County will allow Geoplasma to use some of the County's property as the site ("Site") where Geoplasma will construct and operate the Facility.9 The proposed Site is 5 Section 2.1. 6 See generally Section 7.5. 7 Section 2.1. 8 Section 6.11. 9 Sections 2.1 and 3.1. Dan McIntyre March 28, 2007 Page 4 of 14 approximately 8 acres in size and it includes the County's Baling Building (i.e., the building where the County currently receives and compacts the solid waste in a baling machine before the solid waste is taken to the County's landfill for disposal). Although Geoplasma will be allowed to use the area in the Baling Building where the solid waste is received and baled, the County will continue to use the offices and administrative space in the Baling Building. Possession of the Site will be returned to the County when the Agreement terminates. 10 4. The Geoplasma Facility The Geoplasma Facility will be comprised of several major components, including but not limited to the plasma arc gasification system, a combustion turbine and electrical generator, air pollution control systems, an electrical switchyard, an area in the Baling Building where freshly collected solid waste will be received and sorted, an area where Geoplasma will receive and sort any solid waste that is excavated from the County's landfills, and an area where Geoplasma will store slag or other by-products. 11 The Facility will be designed to operate continuously (24 hours per day, 365 days per year). 12 5. The Processing Fee The County will pay a fee ("Processing Fee") to Geoplasma for each ton of solid waste that Geoplasma subjects to the plasma arc gasification process at the Facility.13 The precise amount of the Processing Fee has not yet been established. In preliminary discussions, however, Geoplasma has proposed a Processing Fee that is lower than the County's current disposal rates (i.e., tipping fees) at its landfills. 14 The Development Agreement is based on the premise that the County will be able to pay the Processing Fee to Geoplasma and pay for the County's other solid waste management programs without increasing the County's tipping fees. IS The Processing Fee will remain constant for the first five years of operations at the Facility. 16 Thereafter, the Processing Fee will increase at the rate of three percent per year for the remainder of the term of the Development Agreement. 10 Sections 2.1.1 0 and 2.1.11. 11 Sections 1.1(a), 1.3 (Schedules 2 and 3), and 5.1 (a). 12 Sections 5.30) and 6.7(a) 13 Section 7.2. 14 The County charges $32 per ton for the disposal of "Class I" waste, $20 per ton for the disposal of yard trash, and $19 per ton for the disposal of construction and demolition debris. 15 Section 9.2(e). 16 Section 7.2. Dan McIntyre March 28, 2007 Page 5 of 14 6. The Weekly Minimum Delivery Tonnage The Development Agreement requires the County to use its "Best Efforts,,17 to deliver at least a specified minimum amount of solid waste to the Facility each week (i.e., the "Weekly Minimum Delivery Tonnage"). Since the Facility will be designed to Process at least 1 ,000 tons of solid waste each day, seven days each week, the Weekly Minimum Delivery Tonnage is 7,000 k 18 tons per wee . The Weekly Minimum Delivery Tonnage must include at least 4,500 tons of "Class I Waste.,,19 Class I Waste includes household garbage and the other types of solid waste that may be lawfully disposed of in the County's "Class I" landfill.2o The remainder of the Weekly Minimum Delivery Tonnage (2,500 tons per week) may consist of Class I Waste or other materials, such as yard trash (vegetative waste), waste tires, and construction and demolition debris (e.g., lumber, shingles, wallboard, and similar materials from the construction or demolition of a building)?1 The County may satisfy its obligation to deliver the Weekly Minimum Delivery Tonnage by providing the Facility with "New Solid Waste" or "Landfill Solid Waste,,?2 New Solid Waste is waste material that is delivered to the Facility, without being placed in one of the County's landfills. Landfill Solid Waste is waste material that was disposed of in the County's landfills, subsequently excavated, and then delivered to the Facility for processing. The County may satisfy its obligation to deliver Class I Waste by providing the Facility with "New Class I Waste" or "Landfill Class I Waste." 7. Reductions In The Weekly Minimum Delivery Tonnage Subject to various conditions and limitations, the Weekly Minimum Delivery Tonnage shall be reduced if: (a) the County attempts to deliver acceptable solid waste to Geoplasma, but Geoplasma rejects it;23 (b) the County attempts to deliver acceptable solid waste to GeoElasma, but is unable to do so because the line of trucks waiting to enter the Facility is too long; 4 or (c) Geoplasma accepts and Processes waste tires, biosolids, or other materials from a person or entity other than the County?5 In such cases, the County's obligation to deliver the Weekly Minimum Delivery Tonnage will be reduced by the amount of material that Geoplasma rejected, the County diverted, or Geoplasma processed, respectively. 17 Best Efforts is defined in Schedule 1 of the Agreement. It also is discussed in more detail in the following sections of this letter. 18 Section 6.2. 19 Section 6.2. 20 See the definition of Class I Waste in Schedule 1 of the Development Agreement. 21 Section 6.2; see the definition of Solid Waste in Schedule 1. 22 Section 6.2; see the definitions of New Solid Waste and Landfill Solid Waste in Schedule 1. 23 Sections 6.8 and 6.9 (see the defmition of "RW"). 24 Section 5.3(i). 25 Section 6.4(a). Dan McIntyre March 28, 2007 Page 6 of 14 The Weekly Minimum Delivery Tonnage may be reduced by Geoplasma if Geoplasma decides that it is unable or unwilling to accept the Weekly Minimum Delivery Tonnage due to a planned outage (e.g., scheduled maintenance), an unplanned outage (e.g., malfunction), or other circumstances at the Facility?6 In such cases, the County's obligation to deliver solid waste to Geoplasma shall be reduced to the amount that Geoplasma is willing to accept. However, Geoplasma cannot reduce the Weekly Minimum Delivery Tonnage to an amount that is less than the "Minimum Annual Performance Tonnage" (182,500 tons per year) divided by 52 (i.e., an annual average of 500 tons per day)?? 8. No Limits On The Origin Of County Waste The County may deliver (or cause to be delivered) solid waste that is generated inside or outside of the unincorporated areas of the County. 28 Thus, the County may satisfy the Weekly Minimum Delivery Tonnage by delivering solid waste generated in the City of Port St. Lucie, the City ofFt. Pierce, or elsewhere. 9. Acceptable and Prohibited Solid Waste Subject to certain conditions, the County may deliver and Geoplasma must accept the types of solid waste that currently are placed in the County's landfills for disposa1.29 For example, the County may deliver Class I Waste, yard trash, waste tires, construction and demolition debris, biosolids, and other materials. Geoplasma cannot accept or process "Prohibited Waste" at the Facility.3o Prohibited Waste is defined in the Development Agreement to include hazardous waste, biomedical waste, and other materials that are prohibited at the Facility by any permit or applicable law.3! 10. Geoplasma's Right To Accept Other Waste At Anv Time At its option, Geoplasma may solicit and Process (a) waste tires generated inside or outside of St. Lucie County, (b) biosolids generated at any wastewater treatment plant located in the incorporated or unincorporated areas of St. Lucie County, and ( c) other materials, but only if such materials are approved in advance by the Board.32 Geoplasma may accept these three types of waste materials (i.e., waste tires, biosolids, and other waste materials approved by the Board) at any time, even if the County is fulfilling its obligation to deliver the Weekly Minimum 26 Sections 5.3(g) and 6.8. 27 Section 5.3(g). 28 Section 6.13. 29 Section 6.1; see the definition of "Solid Waste" and "Class I Waste" in Schedule 1. 30 Section 6.5. 31 See the definition of "Prohibited Waste" in Schedule 1. 32 Section 6.4(a). Dan McIntyre March 28, 2007 Page 7 of 14 Delivery Tonnage to Geoplasma. If Geoplasma accepts these three types of materials, they shall be credited toward the Weekly Minimum Delivery Tonnage and the County's obligation to deliver solid waste to the Facility shall be reduced by an equal amount.33 11. Reusable Materials At its option, Geoplasma may remove "Reusable Material" from the solid waste delivered to the Facility by the County.34 Reusable Material is defined in the Agreement to include ferrous and non-ferrous metals and metal products, concrete and concrete products, and "White Goods" (i.e., large discarded appliances, including washing machines, refrigerators, and ) 35 stoves . If Geoplasma removes Reusable Material from the solid waste delivered by the County, that Reusable Material will not be counted or considered when the Parties detennine whether the County satisfied its obligation to deliver the Weekly Minimum Delivery Tonnage. The County must deliver additional solid waste to the Facility, and thereby replace the Reusable Material that was removed from the County's deliveries, in order to meet the Weekly Minimum Delivery Tonnage. 12. The County Must Use Best Efforts To Deliver Solid Waste As noted above, the Development Agreement requires the County to use its "Best Efforts" to comply with its obligation to deliver the Weekly Minimum Delivery Tonnage to the Facility.36 Best Efforts is defined in the Development Agreement to include three actions by the County.37 First, when solid waste is delivered to the County's facilities on Glades Cut-Off Road, the County must deliver the solid waste to Geoplasma's Facility. Second, if the County does not receive enough solid waste at its facilities to enable the County to deliver the Weekly Minimum Delivery Tonnage, the County must excavate solid waste from the County's landfills and deliver Landfill Solid Waste to Geoplasma. Third, if the County does not receive enough solid waste at its facilities to supply the Weekly Minimum Delivery Tonnage, the County must reduce the County's tipping fees to attract more solid waste to the County's facilities. However, with regard to the County's obligation to excavate solid waste or reduce the tipping fees, the County must pursue these measures only if and to the extent that the Board deems it financially prudent to do so. The use of Best Efforts does not require the County to excavate solid waste, or reduce the tip fee, or take any other measures, if such actions are not commercially reasonable. 33 Section 6.4(d). 34 Section 6.3. 35 See the definition of "Reusable Material" in Schedule 1. 36 Section 6.1. 37 See the definition of "Best Efforts" in Schedule 1. Dan McIntyre March 28, 2007 Page 8 of 14 It is anticipated that the definition of Best Efforts will be refined in the Ground Lease. "Commercially Reasonable Efforts" will be defined in the Ground Lease. 13. No Liability For Shortfalls If County Uses Best Efforts The County shall not be liable to Geoplasma for monetary damages or other penalties if the County uses its Best Efforts but is nonetheless unable to provide Geoplasma with the Weekly Minimum Delivery Tonnage.38 Under such circumstances, Geoplasma may (a) hire a qualified contractor to excavate solid waste from the County's landfills or (b) solicit and Process solid waste from sources other than the County. 39 Both of these options must be undertaken at Geoplasma's expense. These two options are the only remedies for Geoplasma if the County uses Best Efforts to deliver solid waste to the Facility. 14. The County's Liability For Shortfall Damages If the County fails to use its Best Efforts and also fails to deliver the Weeldy Minimum Delivery Tonnage, the County shall pay "Shortfall Damages" to Geoplasma.4o The maximum amount of the Shortfall Damages will be equal to the amount the County would have paid in Processing Fees if the County had delivered the Weekly Minimum Delivery Tonnage to Geoplasma. The Shortfall Damages will be reduced by (a) the amount of the Processing Fees paid to Geoplasma for Processing the solid waste that the County delivered to the Facility and (b) the amount of the revenues, if any, derived by Geoplasma for Processing solid waste and other materials Geoplasma obtained from sources other than the County. If Geoplasma obtains solid waste from other sources, and the Shortfall Damages are reduced as a result of Geoplasma's efforts, the County must reimburse Geoplasma for the expenses Geoplasma incurred in arranging for the delivery of such material from other sources. The County shall not be obligated to pay any Shortfall Damages unless Geoplasma uses "Commercially Reasonable Efforts" to obtain solid waste :£rom sources other than the County. For example, if we assume hypothetically that the County failed to use Best Efforts and only delivered 5,000 tons of solid waste to Geoplasma in a week when the Processing Fee was $20 per ton, the County would be obligated to pay Shortfall Damages in the amount of $40,000 (i.e., $20 per ton multiplied by a shortfall of 2,000 tons). The Shortfall Damages would be reduced if Geoplasma earned any revenue in the same week by Processing solid waste for other persons, but the County would need to reimburse Geoplasma for the reasonable costs Geoplasma incurred when arranging for the delivery of such waste. 38 Sections 6.1 and 9.8(b). 39 Sections 6.4(b) and 9.8(b). 40 Section 7.3. Dan McIntyre March 28, 2007 Page 9 of 14 The County's obligation to pay Shortfall Damages is not limited to any specific source of funds.41 Consequently, the County could be required to use its general revenue funds or other sources of revenue to pay Shortfall Damages if there were insufficient monies in the County's solid waste enterprise fund. 15. Geoplasma's Right To Seek Other Solid Waste To Avoid A Shortfall If the County fails to provide the Facility with the Weekly Minimum Delivery Tonnage, or if Geoplasma reasonably concludes that the County may not be able to provide the Facility with the Weekly Minimum Delivery Tonnage, Geoplasma shall have the right to (a) arrange for a qualified contractor to excavate solid waste from the County's landfills and then deliver Landfill Solid Waste to the Facility or (b) seek and accept solid waste from sources other than the County.42 Geoplasma may pursue either or both of these options, at its expense. Under such circumstances, Geoplasma may seek and Process garbage and other materials, except Prohibited Waste, from any source or location, inside or outside ofS1. Lucie County. 16. The Priority For Waste Processing The Development Agreement establishes a hierarchy for Geoplasma to use when processing solid waste.43 The Development Agreement requires Geoplasma to process solid waste in the following order of priority: (a) first, New Solid Waste delivered by or on behalf of the County; (b) second, Landfill Solid Waste delivered by or on behalf of the County; ( c) third, Landfill Solid Waste excavated by Geoplasma, if Geoplasma elects to excavate any solid waste from the County's landfills; and (d) fourth, any solid waste that Geoplasma obtains from third parties. However, Geoplasma is not obligated to excavate solid waste from the County's landfills before Geoplasma accepts solid waste from non-County sources. Geoplasma also may Process solid waste obtained from non-County sources in combination with the solid waste delivered to the Facility by the County. This hierarchy will help ensure that the County's solid waste will be Processed before any waste that Geoplasma may obtain from third parties. 17. The County's Liability For Processing Fee The Development Agreement requires the County to pay the Processing Fee to Geoplasma for each ton of solid waste that Geoplasma accepts from the County and Processes at the Facility.44 The County's obligation to pay the Processing Fee is not limited to any specific source of funds.45 Consequently, if the revenues in the County's solid waste enterprise fund are 41 Section 9.8(a). 42 Section 6.4(b). 43 Section 6.10. 44 Section 7.2. 45 Sections 9.8(a) and (c). Dan McIntyre March 28, 2007 Page 10 of 14 insufficient, the County may be required to pay the Processing Fee by using money from the County's general revenue fund and the County's other sources of revenues. 18. The County's Liability For Breach Of Contract Subject to certain specified exceptions, the County shall be liable to Geoplasma for any damages the County may cause by breaching the Development Agreement.46 For example, if the County decides to no longer comply with the provisions of the Development Agreement, Geoplasma will be able to sue the County for the full measure of Geoplasma's damages, including lost profits. Under this hypothetical scenario, the County's liability will not be limited, and the source of funds used to pay the County's liability will not be limited. Here, too, the County may be required to use money from the general revenue fund and any other source of County revenues. 19. The Insurance Provided By Geoplasma Geoplasma will be required to provide comprehensive insurance for its operations.47 The types and the amounts of the insurance will be established by Geoplasma and the County in the Ground Lease. The County's risk management group will endeavor to select insurance that is appropriate and adequate. 20. The Indemnification Provided Bv Geoplasma The Development Agreement requires Geoplasma to indemnify, defend, and hold the County hannless from claims that are based on personal injuries or property damage and result from Geoplasma's activities under the Development Agreement.48 The indemnification for these claims will be limited, however, to the insurance coverage provided by Geoplasma. The details concerning Geoplasma's indemnification will be established in the Ground Lease 21. Potential Relief from Requirements in Agreement The Agreement provides opportunities for the County and Geoplasma to renegotiate or tenninate the Agreement. Prior to the commencement of construction on the Facility, the County may renegotiate or tenninate the Agreement if: (a) the County is unable to negotiate satisfactory interlocal agreements with the cities ofFt. Pierce and Port St. Lucie for the delivery of their solid waste to the Facility; (b) the County or Geoplasma is unable to obtain the necessary pennits and approvals to allow them to conduct their activities in the manner contemplated in the 46 Section 9.8(c). 47 Section 2,1.4. 48 Section 2.1.5. Dan McIntyre March 28, 2007 Page 11 of 14 Development Agreement; ( c) the County and Geoplasma are unable to negotiate a mutually acceptable Ground Lease; or (d) the County concludes that its obligations under the Development Agreement will require the County to raise its tipping fees to a level that is unacceptable to the County.49 After Geoplasma commences construction of the Facility, the County may terminate the Development Agreement only if Geoplasma breaches the Development Agreement and fails to cure the breach. 50 Geoplasma may renegotiate or terminate the Development Agreement for any reason, at any time, prior to the commencement of . 51 constructIOn. 22. The Minimum Annual Performance Tonnage The Development Agreement establishes a mInImUm level of performance for Geoplasma. Specifically, the Facility must accept and Process at least 182,500 tons of solid waste each year. 52 This amount is equal to an annual average rate of 500 tons per day. This amount is defined in the Development Agreement as the "Minimum Annual Performance Tonnage." 23. No Specific Performance Criteria For Waste Processing The Development Agreement does not contain any objective, quantifiable criteria for the County to use when determining whether Geoplasma's Facility is successfully Processing the County's solid waste in the plasma arc gasification system. The Development Agreement only contains very general requirements concerning the Processing of solid waste. The words "Process" and "Processing" are defined in the Development Agreement to mean that solid waste is subjected to the plasma arc gasification system and converted to a gas, slag, and by-products. 53 In turn, the County must pay a Processing Fee to Geoplasma for each ton of solid waste that Geoplasma Processes for the County. Consequently, Geoplasma is not entitled to the Processing Fee unless Geoplasma subjects the County's solid waste to the plasma arc gasification system and converts it into a gas, slag, and by-products. The degree to which Processing must occur is not specified in the Development Agreement. 24. Disposal Of Slag In County Landfills The Development Agreement provides that Geoplasma shall be responsible for the disposal of the solid waste Geoplasma receives and generates at the Facility, subject to certain 49 Section 9.2. 50 See Sections 9.5 and 9.6. 51 Section 9.3. 52 See the defInition of "Minimum Annual Performance Tonnage" in Schedule 1. 53 See the defInition of "Process" and "Processing" in Schedule 1. Dan McIntyre March 28, 2007 Page 12 of 14 exceptions. 54 Geoplasma will not be allowed to dispose of such waste in the County's landfills, unless Geoplasma receives the County's prior approval. However, the Development Agreement allows Geoplasma to dispose ofthe Facility's slag in the County's landfills if (a) the disposal of slag is allowed under the DEP permit and applicable law and (b) Geoplasma has used Commercially Reasonable Efforts to sell the slag and dispose of the slag elsewhere, but has nonetheless been unable to do SO.55 The Development Agreement does not limit the quantity of slag that may be disposed of in the County's landfills. 25. Geoplasma's Detennination Of Completion Of Construction Under the Development Agreement, Geoplasma will select an independent engineering firm to oversee the design, procurement, and construction of the Facility.56 The engineering firm will issue a certificate to Geoplasma and the County when construction is substantially complete on the Facility. The engineer will issue another certificate when the Facility is ready to commence commercial operations on a continuous basis. Under the Development Agreement, the County will not have the right to contest or dispute these two determinations by the independent engineer. It will be Geoplasma's responsibility to ensure that the Facility is properly designed, built, and operated. 26. Termination for Failure to Commence Construction The County may terminate the Development Agreement if the construction ofthe Facility does not commence within five years after the County and Geoplasma sign the Ground Lease.57 The County shall have no other remedies if Geoplasma does not commence construction within this timeframe. 27. Increased Rent The Site, including the Baling Building, will be leased to Geoplasma for 20 years of commercial operations at the Facility. The Site also will be used by Geoplasma while the Facility is under construction. The rental fee will be one dollar ($1.00) per year.58 The rent will increase if Geoplasma fails to comply with certain timetables and requirements in the Development Agreement. If Geoplasma fails to complete construction of the Facility within 36 months after the commencement of construction, the rent shall increase to 54 Section 5.3(k) 55 "Slag" is defined in the Development Agreement (Schedule 1) to mean "a By-Product of the plasma gasification process, consisting ofa hard, inert, vitreous-like material. . . ." 56 See Sections 5.1(f) and (h). 57 Sections 5.1(d) and 9.5(c). 58 Section 7.6. Dan McIntyre March 28, 2007 Page 13 of 14 $100,000 rer year, payable on a monthly basis ($8,334 per month), until construction is complete. 5 If construction is not complete within five years, the rent shall increase to $1,000,000 per year, payable on a monthly basis ($83,334 per month). The County shall have no other remedy under the Development Agreement if Geoplasma fails to complete construction in a timely manner. If, after three years of operations, Geoplasma fails to Process the Minimum Annual Perfonnance Tonnage (500 tons per day annual average) in any year, the rent paid by Geoplasma to the County shall increase to $100,000.60 If, after five years of operations, Geoplasma fails to Process the Minimum Annual Perfonnance Tonnage in any year, the rent shall increase to $1,000,00061. The increased rent will be collected in the year following the year in which Geoplasma failed to process the Minimum Annual Perfonnance Tonnage. Even if the rent increases, the rent will be reduced to $1 again if Geoplasma Processes the Minimum Annual Perfonnance Tonnage in a subsequent year. If Geoplasma fails to pay the rent it owes to the County, Geoplasma will be in breach of the Development Agreement. 62 If a breach occurs, the County must give notice to Geoplasma and ten days for Geoplasma to cure its breach. If Geoplasma fails to cure the breach by paying the rent, the County may tenninate the Development Agreement. 28. Geoplasma's Guarantees Concerning Airborne Emissions The Development Agreement restricts the airborne emissions from the Facility in three ways. First, Schedule 3 of the Development Agreement contains a general description of the air pollution control equipment that Geoplasma must install and operate at the Facility. Second, Schedule 4 of the Development Agreement contains the state and federal regulations that are applicable to the airborne emissions at the Facility. These regulations establish emission limits for various pollutants, including particulate matter, acid gases, dioxin, and mercury. These regulations also establish testing, monitoring, and reporting requirements for Geoplasma. Third, the Development Agreement contains Geoplasma's commitment to construct and operate the Facility as a "minor source" of air pollution (i.e., the Facility's emissions will not exceed the regulatory levels that would make the Facility a "major stationary source of air pollution", as defined by the Florida Department of Environmental Protection under applicable rules).63 All of these requirements will be enforceable by the County pursuant to the tenns of the Development Agreement. Geoplasma must use "All Best Efforts" to comply with these requirements. In addition, the Ground Lease will contain specific remedies that will be implemented in the event Geoplasma breaches one of the requirements concerning the Facility's 59 Section 7.6(i). 60 Section 7,6(iii). 61 Section 7.6(iv). 62 Sections 9.5(d) and 9.6(a). 63 Sections 2.1.12 and 5.3(1). Dan McIntyre March 28, 2007 Page 14 of 14 airborne emissions. The Ground Lease also will describe the scope and extent of the work that will be required of Geoplasma when using "All Best Efforts" to comply with these requirements. III. Conclusion The Development Agreement provides a preliminary ftamework for the County and Geoplasma to move forward with their efforts to develop a plasma arc gasification facility for the disposal of the County's solid waste. The County's staff, its consultants, and this law finn have attempted to identify and address the foreseeable risks and liabilities for the County, but it is likely that we have not anticipated or addressed all of the events that will unfold in the future. Nonetheless, the Development Agreement has been designed to provide the County and Geoplasma with opportunities to renegotiate or tenninate their relationship if conditions warrant such action prior to the commencement of construction. For example, the County and Geoplasma will need to agree upon the tenns of a mutually acceptable Ground Lease, including comprehensive and detailed requirements for the construction and operation of the Facility, before Geoplasma will be allowed to proceed with the construction of the Facility. After the commencement of construction, however, the parties will share a long-tenn relationship and they will need to address unanticipated circumstances as they arise. A copy of this letter was provided to Geoplasma when it was delivered to you. Based on my discussions with Geoplasma's representatives, it is my understanding that Geoplasma agrees that the infonnation contained in this letter is accurate. To ensure that the Parties' understandings about the issues are fully documented in the record, you should ask Geoplasma's representatives to confinn at the Board meeting that this letter accurately reflects Geoplasma's understanding of the issues discussed herein. Please call me at (850) 222-7206 if you have any questions. 1;c~ ~. ~ David S. Dee cc: Doug Anderson Leo Cordeiro Ron Roberts Eric Grotke Don Elias AGREEMENT FOR THE DEVELOPMENT AND OPERATION OF THE ST. LUCIE PLASMA GASIFICATION FACILITY BETWEEN ST. LUCIE COUNTY, FLORIDA AND GEOPLASMA - ST. LUCIE, LLC 1 TABLE OF CONTENTS 1. The Basis for this Agreement........... ...... ...... .............................................. 1.1 Purpose........................................................................................... 1.2 Basic Tenns ofthis Agreement............................................... ........ 1.3 Schedules........................................................................................ 2. Related Agreements............................................................................... .... 2.1 Ground Lease.................................................................................. 2.2 Easements and Rights-of-Way........................................................ 2.3 Power Purchase Agreement................................. ........................... 2.4 Governmental Pennits ................................... ............ ....... .............. 2.5 Interlocal Agreements...................................... ....... ........................ 2.6 Port S1. Lucie Water and Biosolids Contract ................................... 2.7 F1. Pierce Biosolids Contract........................................................... 2.8 Amendment to Tropicana Landfill Gas Agreement ......................... 2.9 Contracts for Other Utility Services...................................... .......... 2.10 Educational Services Agreement..................................................... 2.11 Construction of Related Agreements ............................................... 3. Location of Facility.......................................................... .......................... 3.1 General........................................................................................... 3.2 Expanded Site................................................................................. 4. Tenn of Agreement ................................ ................... ...................... ........... 5. Facility Development Obligations ........ ........................ ....... .............. ......... 11 5.1 The Parties' Obligations Prior to Commencement Date................... (a) General Obligation to Develop the Facility ................................ (b) The Site........................ ............................................................. ( c) Revenue Bonds........................................................................... (d) Commencement of Construction ............................................... (e) Coordination of Construction Activities..................................... (f) Completion of Construction ................................. ...................... (g) Startup/Shakedown of Facility. .................................................. (h) Commencement Date for Operations ......................................... (i) Payment and Performance Bond.... ............................................. G) Facility Access............................................ ............................... 5.2 County's Responsibilities During Facility Operations ..................... (a) Scales and Weighing............. ..................................... ............ .... (b) Traffic Control on the Complex................................................. (c) Roadway Maintenance on the Complex ..................................... (d) Access to the Site ......................... ........... .................... .............. (e) Processing Fee........................................................................... (f) Receiving Time at the Complex ................................................. (g) Permits........................ .......... .................................................... 5.3 Geoplasma's Responsibilities During Facility Operations ............... (a) Baling Building Operations.... ......... ........ ....... ........................... (b) Transporting Solid Waste ......................... .................. ............... III (c) Solid Waste Staging Area................ ......... ................................. (d) Facility Operations................................... ................................. (e) Slag and By-Products Staging Area ........................................... (f) Biosolids Storage Facility ................ .................................... ...... (g) Reduction of Facility Operations............................................... (h) Expansion of Facility Capacity .... .............................................. (i) Timely Access to Facility ........................................................... (j) Receiving Time at the Facility..... ............................................... (k) Disposal of Waste.................................................... .'................. (1) DEP Air Pennit ..................... ............... ............. .................... ..... 6. Supply of Solid Waste to the Facility.......................................................... 6.1 Minimum Solid Waste Delivery and Processing Obligations........... 6.2 Requirements for Weekly Minimum Delivery Tonnage .................. 6.3 Removal of Reusable Materials....... ........................... ..................... 6.4 Geoplasma's Right to Accept Waste from Non-County Sources ..... 6.5 Prohibited Waste............................................................................. 6.6 Timetable for Delivery of Weekly Minimum Delivery Tonnage ..... 6.7 Storage of Waste Supply........... ........................... ........................... 6. 8 Waste Deliveries During Outages................. .................. ................ 6.9 Calculation of County's Weekly Deliveries..................................... 6.1 0 Waste Delivery and Processing Priorities ........................................ 6.11 Exclusive Waste Processor....... ....................................................... IV 6.12 Disclaimer Concerning Waste Composition.................................... 6.13 No Limits on Origin of County Solid Waste.................................... 6.14 Monthly Communications Concerning Fuel Supply........................ 7 . Fees, Revenues and Rent............................................................................ 7.1 The Invoice Method.......... .............................. ................ ................ 7.2 The Processing Fee.. ....................................................................... 7.3 Shortfall Damages ... ................... .................................................... 7.4 Other Revenues............................................................................... 7.5 Scale Fee...................... ....... ........ ................................................... 7.6 Rent for Ground Lease..... ............... ................................................ 8. The Interlocal Agreements............................................ .............................. 9. Termination................................................................................................ 9.1 Certain Assumptions ................... .......................................... .......... 9.2 Early Conditions.................................................................. ........... 9.3 Changed Conditions........................................................................ 9.4 Negotiations Concerning Early Condition Notice or Changed Condition Notice........................................................ 9.5 Termination Upon Default .................................. ........... ................. 9.6 Notice and Right to Cure...................................................... ........... 9.7 Remedies Upon Default ........................................... ............... ........ 9.8 Limitations to Remedies.................................. ................. .............. 9.9 Restoration of Site ..... ................... .................................................. 1 O. Force Maj eure ............. ................................................. .............................. v 11. Tax Abatement........................................................................................... 12. Dispute Resolution........................................ ............................................. 12.1 Sovereign Immunity .. ....................................................... .............. 12.2 Operations During Dispute.............................................................. 12.3 Waiver of Jury Trial.................. ............ .......................................... 13. Miscellaneous Provisions........................................................................... 13.1 Binding Effect... ...................... .............. ........ ................................. 13.2 Transfer of Agreement ...................................................... .............. 13.3 Confidentiality................................................................................ 13.4 Notices and Other Communications ................................................ 13 .5 Severability..................................................................................... 13 .6 Waiver of Requirements ................................................................. 13.7 Relationship Between the Parties .................................................... 13.8 No Third Party Beneficiaries........................................................... 13.9 Governing Law and Venue............................................................. 13.10 Jurisdiction................................................................. .................... 13.11 County Ordinances ......... .............................. .................................. 13 .12 General Rules of Construction........................................................ (a) Headings... ................................................................................ (b) Words of Inclusion................. ................................ ......... .......... (c) Singular and Plural Fonns; Genders........................................... (d) Delivery by the County....................... ....................................... VI 13.13 Counterparts...... ................. ........ ............. ........... ............................. 13.14 Amendments to Agreement... .............................. ............................ 13.15 Entire Agreement............................ .......................................................... 13.16 Construction of Agreement .................................................................................... 13.17 Survival of Obligations After Tennination ...................................................... 13.18 Election of Remedies ...................... ........................... ............................ .................... 13.19 Pennits and Licenses............................................. ....................................................... 13.20 Compliance with Applicable Laws....................................................................... 13.21 Equal Opportunity Employment............................................................................... 13.22 Compliance with Labor Laws .................................................................................. 13.23 Legal Status ofthe Parties' Employees .............................................................. 13.24 Fair Dealing .................. .................. .................... ....................... .............. Schedule 1 Definitions................................ ........ ................................................................................. Schedule 2 Site Description ........................... ..................... ................... ............... Schedule 3 Diagram of the Facility............................................................................................. Schedule 4 Air Emission Limits and Monitoring Requinnents for the Facility... Schedule 5 Additional Air Emission Limits for the Facility........................................ VII AGREEMENT FOR THE DEVELOPMENT AND OPERATION OF THE ST. LUCIE PLASMA GASIFICATION FACILITY This AGREEMENT FOR THE DEVELOPMENT AND OPERATION OF THE ST. LUCIE PLASMA GASIFICATION FACILITY ("Agreement"), is dated and effective as of April _, 2007. This Agreement is made by and between the following Parties: ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County", and GEOPLASMA - ST. LUCIE, LLC, a limited liability company duly organized and existing under the laws of the State of Delaware and authorized to do business in the State of Florida, hereinafter referred to as "Geoplasma". The capitalized tenns in this Agreement are defined in Schedule 1, which is attached hereto. WITNESSETH WHEREAS: 1. Geoplasma is in the business of developing, owning and operating plasma gasification facilities that have the capability of gasifying Municipal Solid Waste and other waste materials. 2.' Geoplasma's gasification facilities generate a synthetic gas, which can be used as fuel in combustion turbines to generate electricity. 3. The County has the responsibility to provide for the disposal of the Municipal Solid Waste generated by its citizens. 4. The County currently conducts various Solid Waste management activities at a central facility and complex ("Complex") located at 6120 Glades Cut-Off Road in S1. Lucie County, Florida. 5. The County's Complex includes the County's Class I Landfill, a disposal area for Construction and Demolition Debris, a Baling Building, and related facilities. Page 1 of 43 6. The County issued a Request for Qualifications from finns that are qualified to manage the County's Municipal Solid Waste by using a plasma gasification facility. 7. Geoplasma submitted a Statement of Qualifications in response to the County's Request for Qualifications and, based upon the representations made by Geoplasma, the County selected Geoplasma to pennit, finance, design, construct, own, and operate a plasma gasification facility ("Facility") for the benefit of the County. 8. The proposed Facility will be located at the Complex on land that will be leased by the County to Geoplasma. 9. The Facility will gasify certain types of waste material at the County Complex, generate electricity that will be used to operate the Facility, and generate additional electricity that will be sold to an electric utility or other third party. 10. The proposed Facility initially will be built with sufficient capacity to gasify at least one thousand (1,000) Tons per day ("TPD") of Solid Waste. 11. The Parties anticipate that the Facility will be expanded in the future and its capacity to gasify Solid Waste will be increased to three thousand (3,000) TPD. 12. The County and Geoplasma have negotiated and now wish to execute this Agreement, which establishes the general terms and conditions that will govern their relationship as they move forward with the proposed Facility. NOW, THEREFORE, in consideration of the promises, mutual covenants, and other commitments contained in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree to be bound by and comply with the following tenns and conditions in this Agreement: 1. The Basis for this A2reement. 1.1 Purpose. The purpose of this Agreement is to describe and establish the general basis on which: (a) Geoplasma will design, permit, finance, build, own and operate the Facility at the Complex; and Page 2 of 43 (b) the County will: (i) provide a Site at the Complex where the Facility will be built; (ii) provide certain types and quantities of Solid Waste to the Facility; and (iii) pay Processing Fees to Geoplasma. 1.2 Basic Tenns of this Agreement. The Parties acknowledge that the economic justification for the investments and expenditures required to develop the Facility is dependent upon several factors, including but not limited to, Geoplasma's ability to construct, operate, and finance the Facility at an acceptable cost to Geoplasma, the County's assurance that it can supply the types and quantities of Solid Waste that are needed for fuel, the County's assurance that it will pay Processing Fees to Geoplasma, and Geoplasma's ability to enter into satisfactory contracts for the sale of the electricity and By-Products generated by the Facility. If Geoplasma or the County is unable to successfully accomplish any of these tasks, the Parties' decision to proceed with the development of the Facility may be adversely affected and the Parties may renegotiate or tenninate this Agreement. Nevertheless, the Parties confinn to each other that: (a) Subject to the provisions of Section 9 (which contains provisions under which this Agreement may be terminated), it is the Parties' intention to proceed with the Facility in accordance with the provisions contained in this Agreement. (b) The costs to design, pennit, finance, construct, own, and operate the Facility shall be borne by Geoplasma. (c) Throughout the Tenn of this Agreement, the County's primary obligations under this Agreement shall be to: (i) provide a Site at the Complex where the Facility will be built; (ii) use Best Efforts to provide certain types and quantities of Solid Waste to the Facility; and (iii) pay Processing Fees to Geoplasma. 1.3 Schedules. The following Schedules are attached to and made a part of this Agreement: Schedule 1 - Definitions Schedule 2 - Site Description (i.e., aerial photograph depicting the Complex and the Facility) Schedule 3 - Diagram of the Facility's major components, including the aIr pollution control devices Schedule 4 - Air emissions limits and monitoring requirements for the Facility Page 3 of 43 Schedule 5 Additional air emission limits for the Facility. 2. Related Å2reements. The development and operation of the Facility will be accomplished in accordance with the tenns of this Agreement and the other agreements. and documents identified below in this Section 2 (the "Related Agreements"). This Agreement and the Related Agreements may be referred to collectively as the "Facility Documents". As set forth in Sections 9.1 - 9.4 herein, this Agreement is contingent upon the Parties successfully negotiating and obtaining the Related Agreements with tenns that are acceptable. 2.1 Ground Lease. The Parties will negotiate and execute a Ground Lease whereby the County will lease the Site to Geoplasma. The Site consists of approximately eight (8) acres of land located within the Complex. The Site includes the Baling Building, which Geoplasma shall be allowed to use, less and except the portion of the Baling Building that consists of offices and administrative space. The Ground Lease shall be executed prior to the Commencement of Construction of the Facility and shall remain in effect for a period of twenty (20) years after the Commencement Date, unless tenninated earlier or extended. The Ground Lease shall tenninate, expire, or be extended concurrently with this Agreement. The Ground Lease also shall provide for the following: 2.1.1 The County shall be solely responsible for Pollution and similar environmental conditions on the Site that are (a) pre-existing on the date when the Ground Lease is executed or (b) caused by the County's acts or omissions after the date when the Ground Lease is executed. 2.1.2 Geoplasma shall be solely responsible for Pollution and similar environmental conditions on the Site that are caused by Geoplasma's acts or omlSSlOns. 2.1.3 The Parties shall at all times comply with all Applicable Laws and Pennits related to their respective obligations and operations under the Facility Documents. 2.1.4 Geoplasma shall obtain and at all relevant times maintain general comprehensive liability insurance and other types of insurance, subject to the specifications in the Ground Lease. Geoplasma shall be the named insured and the County shall be an additional insured under each policy. 2.1.5 To the extent of the insurance coverage provided pursuant to Section 2.1.4 above, but to no greater extent, Geoplasma shall indemnify, defend, and hold the County harmless with regard to all personal injury and property damage claims and liabilities resulting from Geoplasma's negligence. The Ground Lease may: Page 4 of 43 (a) include other provisions dealing with indemnification; (b) address events that are not covered by insurance; ( c) specify how claims will be handled when the claims exceed the insurance coverage; and (d) specify how the deductibles will be paid under the insurance policies. 2.1.6 The Ground Lease shall contain a comprehensive, detailed description of the Parties' specific obligations, rights, and remedies concerning the construction, operation, maintenance, and performance of the Facility. 2.1.7 Prior to the Commencement of Construction, Geoplasma shall procure and thereafter maintain a performance bond, letter of credit, escrow, or similar financial assurance mechanism to secure Geoplasma's obligation to remove the Facility and restore the Site pursuant to Section 9.9 upon termination of the Ground Lease. The Ground Lease shall specify the amount of the financial assurance mechanism, the terms governing the financial assurance mechanism, and the conditions upon which it will be maintained, reduced, or terminated. 2.1.8 The Ground Lease shall contain provisions allowing Geoplasma to discharge leachate from its operations to the County's leachate collection system, unless the quantity or quality of such leachate materially and adversely affects the County's leachate management system or the wastewater treatment plant that receives the County's leachate. Geoplasma shall install a flow meter at the Facility and measure the quantity of leachate discharged by Geoplasma to the County's leachate management system. Geoplasma shall reimburse the County each month for the costs incurred by the County for the disposal of Geoplasma's leachate. 2.1.9 The Ground Lease shall contain a provision authorizing Geoplasma to install one or more groundwater wells on the Site for water supply purposes, subject to any restrictions imposed by Applicable Laws and any Permits. 2.1.10 The Ground Lease shall describe how and when possession of the Baling Building will be transferred to Geoplasma for its use, and then returned to the County when this Agreement expires or is terminated. Geoplasma shall be responsible for and pay all costs associated with the repair, maintenance, and use of the Baling Building during the term of the Ground Lease. 2.1.11 The Ground Lease shall describe how and when possession of the remainder of the Site will be transferred to Geoplasma for its use, and then returned to the County when this Agreement expires or is terminated. The Ground Lease also shall describe the Parties' respective obligations with regard to the disposition of the Facility and any related improvements on the Site when this Agreement expires or is terminated. Page 5 of 43 2.1.12 The Ground Lease shall describe: (i) any additional air emISSIOns monitoring, testing, and reporting requirements that Geoplasma must satisfy to implement the requirements in Schedules 4 and 5 of this Agreement (ii) the efforts (i.e., "All Best Efforts") that shall be required of Geoplasma to achieve and maintain compliance with the air emissions limits established in Schedules 4 and 5 of this Agreement; and (iii) the remedies and enforcement mechanisms that shall be available to the County if Geoplasma is unable to comply with the applicable air emissions limits, related requirements, or its obligation to use All Best Efforts. 2.1.13 The Ground Lease may contain provisions governing the Parties' ability to transfer this Agreement, as noted in Section 13.2 herein. 2.1.14 The Ground Lease shall incorporate Section 7.6 of this Agreement, which provides for an increase in the amount of the annual rental fee under certain circumstances. 2.1.15 The Ground Lease shall describe the process that will be used by the County to review and approve the external appearance ofthe Facility. The Parties agree that the external appearance of the Facility will be similar to that of the existing buildings at the Complex. 2.1.16 The Ground Lease shall identify the amount of the Processing Fee. 2.2 Easements and Rights-of-Way. The Parties shall cooperate in granting to each other and obtaining from third parties all easements, rights-of-way, and similar approvals as are reasonable and necessary to allow Geoplasma and the County to operate on, in, around, into, and out of the Site, the Facility, and the Complex. However, nothing in this Agreement shall be construed to require the County to (a) grant any such approval unless Geoplasma demonstrates it is in compliance with Applicable Laws or (b) otherwise engage in "contract zoning." 2.3 Power Purchase Agreement. Geoplasma will endeavor to enter into one or more contracts for the sale of the electricity generated by the Facility (the "Power Purchase Agreement(s)"). All revenues generated under such contracts shall be the sole property of Geoplasma. 2.4 Governmental Pennits. The Parties shall cooperate in obtaining all of the Pennits necessary to construct and operate the Facility and the Complex in the manner contemplated herein. The Parties shall endeavor to obtain authorization under the Pennits to allow Geöplasma's contractor to excavate and deliver Landfill Solid Waste to the Facility under certain circumstances, as described below. Neither Party shall have any liability to the other if such Party is unable to obtain the Pennits with acceptable tenns and conditions. Page 6 of 43 2.5 Interlocal Agreements. The County will endeavor to enter into interlocal agreements with local governments to help ensure that the County will be able to provide an adequate supply of Solid Waste to the Facility in compliance with the requirements in this Agreement. .. 2.6 Port St. Lucie Water and Biosolids Contract. Geoplasma will endeavor to enter into a contract with the City of Port St. Lucie. Under this contract, the City will provide the Facility with reclaimed water, which will be used for cooling and other purposes. The contract also will allow the City to deliver Biosolids to the Facility for Processing. The County will cooperate with Geoplasma in Geoplasma's endeavor to obtain such a contract. 2.7 Ft. Pierce Biosolids Contract. Geoplasma will endeavor to enter into a contract with the City of Ft. Pierce pursuant to which the City will deliver Biosolids to the Facility for Processing. The County will cooperate with Geoplasma in Geoplasma's endeavor to obtain such a contract. 2.8 Amendment to Tropicana Landfill Gas Agreement. To the extent that the provisions of the Tropicana Landfill Gas Agreement are inconsistent with the provisions of this Agreement, the County shall endeavor to amend the Tropicana Landfill Gas Agreement in a manner that eliminates any such inconsistencies. To the extent that Tropicana Manufacturing Company wishes to obtain steam fÌ"om the Facility, Geoplasma may take any appropriate steps to accomplish this goal, including but not limited to (a) Geoplasma becoming a party to an amended Tropicana Landfill Gas Agreement or (b) Geoplasma entering into an agreement with Tropicana Manufacturing Company for the delivery of steam fÌ"om the Facility. 2.9 Contracts for Other Utility Services. Geoplasma will endeavor to enter into contracts for the supply of necessary utility services to the Facility, including but not limited to, water, wastewater, electricity, and natural gas. 2.10 Educational Services Agreement. The Parties shall entèr into an agreement whereby Geoplasma will provide educational tours, seminars, and demonstrations to the public related to the operation of the Facility. 2.11 Construction of Related Agreements. The Related Agreements are intended to be consistent with the intent and purpose of this Agreement. However, if any provisions of this Agreement conflict with the provisions of any Related Agreement executed by both Parties, the Related Agreement will control. This Agreement shall control if any provisions of this Agreement conflict with the provisions of any Related Agreement that is not executed by both Parties. To avoid conflicts between this Development Agreement and the Ground Lease, the Page 7 of 43 Parties may prepare and execute an amended and restated Development Agreement. 3. Location of Facility. 3.1 General. The Facility will be located on the Site, which is generally depicted in . Schedule 2 to this Agreement. 3.2 Expanded Site. The Parties may agree to expand the Facility and/or the Site in the future. If they do, the Parties will modify the Facility Documents to provide the Parties with the necessary rights to operate on, in, around, into, and out of the expanded Facility and/or Site. 4. Term of Åe:reement. This Agreement shall take effect and become binding on the Parties on the Effective Date. This Agreement shall expire on the twentieth (20th) anniversary of the Commencement Date, unless the Agreement is extended with the mutual written consent of the Parties or terminated earlier. The Parties agree to enter into negotiations on or before the fifteenth (15th) anniversary of the Commencement Date to determine whether they can agree to extend the Term of this Agreement and any Related Agreements. It is anticipated that any extension ofthe Agreement will have a Term of at least ten (10) years. 5. Facility Development Oblie:ations. 5.1 The Parties' Obligations Prior to Commencement Date. Subject to the other provisions of this Agreement, the development and operation of the Facility will proceed as follows: (a) General Obligation to Develop the Facility. The Parties will cooperate with each other and will diligently pursue negotiation and execution of the Related Agreements. Geoplasma will work diligently and continuously toward the design, permitting, financing, construction, and startup of the Facility in accordance with the specifications contained in this Agreement. (b) The Site. The County and Geoplasma believe the Site is a suitable location at the Complex for the construction and operation of the Facility. (i) The County shall deliver the Site to Geoplasma "as is," except that the Site shall be graded, free of any manmade structures (above or below ground) other than the Baling Building, and free of patent obstructions or impediments to Geoplasma's ability to begin construction of the Facility. The County shall remove any below ground, manmade structures that are known to the Director or identified on the drawings and documents within the County's Page 8 of 43 possession, but the County is not obligated to conduct any subsurface investigations to determine whether such structures are present on the Site. Geoplasma shall be solely responsible for addressing any subsurface conditions at the Site, whether natural or manmade, except as otherwise expressly provided in this paragraph, and except for Pollution and similar environmental conditions that are pre-existing or caused by the County's operations. (ii) The County shall decommission and abandon any wells currently existing at the Site. (iii) The County shall provide Geoplasma with all of the information within its possession related to the environmental and geotechnical characteristics and conditions of the Site. However, the County is not obligated to conduct any subsurface investigations on the Site. The County makes no representations as to the environmental, geotechnical, and loadbearing characteristics of the Site. Geoplasma shall be granted access to the Site and allowed to conduct any investigations, studies, sampling, borings or testing it deems necessary to determine whether the Site is suitable for the Facility. (iv) If, in its sole discretion, Geoplasma determines the Site is not suitable for the Facility, Geoplasma and the County shall attempt to identify another area at the Complex that is suitable for the construction and operation ofthe Facility. If the Parties are unable to identify an alternate area that is mutually acceptable, either Party may utilize the provisions of Section 9.4 to resolve their impasse or terminate this Agreement. ( c) Revenue Bonds. If requested by Geoplasma, the County shall facilitate (as a conduit) an issuance of private activity revenue bonds on Geoplasma's behalf. Neither the County nor any other subdivision of the State of Florida will assume any liability for the repayment of principal or the payment of interest on the bonds. Geoplasma currently intends to pursue bond financing of the Facility, but Geoplasma retains the right to finance the Facility by any other means. (d) Commencement of Construction. Geoplasma shall provide written notice to the Administrator upon the Commencement of Construction of the Facility. The Commencement of Construction shall occur no later than five (5) years after the date upon which the Parties execute the Ground Lease. The County's sole and exclusive remedy for Geoplasma's failure Page 9 of 43 to achieve Commencement of Construction within such period is to tenninate this Agreement, as provided in Sections 9.5 and 9.6 of this Agreement. Geoplasma shall not have any liability to the County for monetary or other damages solely because Geoplasma did not achieve Commencement of Construction in a timely manner. ( e) Coordination of Construction Activities. Geoplasma and the County shall cooperate and coordinate with each other to ensure that the construction activities on the Site do not unreasonably interfere with the County's operations at the Complex. Upon or after the Commencement of Construction, when deemed appropriate by the Parties, and as more specifically described in the Ground Lease, the County shall vacate the Baling Building. Thereafter, the County shall not deliver Solid Waste to the Baling Building until Geoplasma is ready to begin the Startup and Shakedown Period at the Facility. (t) Completion of Construction. Geoplasma shall achieve the Completion of Construction of the Facility no later than thirty-six (36) months after the Commencement of Construction. The County's sole and exclusive remedy for Geoplasma's failure to achieve Completion of Construction within such period is to increase the rent, as provided in Section 7.6(i) of this Agreement. The rent may be increased further, as provided in Section 7.6(ii), if Geoplasma fails to achieve Completion of Construction within sixty (60) months after the Commencement of Construction. The Completion of Construction shall be deemed to occur when Geoplasma provides written notice to the Administrator that Geoplasma has substantially completed construction of the Facility, as certified by the independent engineering finn that will be overseeing the design, procurement and construction of the Facility. (g) Startup/Shakedown of Facility. The Startup and Shakedown Period shall commence the day after the Completion of Construction occurs and shall be completed within one hundred eighty (180) days. If Geoplasma fails to complete the Startup and Shakedown Period within one hundred eighty (180) days, the County shall collect increased rent in the same manner and in the same amount as provided in Section 7.6(i) herein. If Geoplasma fails to complete the Startup and Shakedown Period within three hundred sixty-five (365) days, the County shall collect increased rent in the same manner and in the same amount as provided in Section 7.6(ii) herein. Upon reasonable notice from Geoplasma to the County, the County shall provide Solid Waste to the Facility during the Startup and Shakedown Period. The County shall pay Geoplasma the Processing Fee for all Solid Waste that is delivered to the Facility by or on behalf of the County and Processed during the Startup and Shakedown Period. Page 10 of 43 (h) Commencement Date for Operations. When the Startup and Shakedown Period is completed, Geoplasma shall provide the County with the certificate of the independent engineering firm that will be overseeing the design, procurement and construction of the Facility certifying that the Facility is ready and capable of Processing at least one thousand (1,000) TPD of Solid Waste on a continuous basis. The Commencement Date shall be the date when the County receives the engineer's certificate. (i) Payment and Performance Bond. Prior to the Commencement of Construction, Geoplasma shall provide the Administrator with a payment bond sufficient to ensure full payment to all contractors and subcontractors providing services or materials for the construction of the Facility. The form and content of the bond are subject to the County's prior approval, which shall not be unreasonably withheld. Unless prohibited by Applicable Law, Geoplasma may satisfy the requirements in this paragraph by requiring its general contractor to provide the payment and performance bond, but Geoplasma shall remain liable to the County for any defect or deficiency in the bond, or any deficiency in the payments to any contractor or subcontractor of any tier, which results in or causes the County to suffer any actual damages, fees, or costs. The payment and performance bond shall comply with any applicable requirements in Section 255.05, Florida Statutes. G) Facility Access. At its expense, Geoplasma shall construct and thereafter maintain all of the improvements on the Site that are necessary to provide safe access to and from the Facility, except as otherwise provided in Section 5.2(c), below. Among other things, Geoplasma shall install and maintain a security fence around the perimeter of the Site. Geoplasma also shall construct and maintain any roadways, gates, and similar improvements necessary to provide access from the security fence to the Facility and Baling Building. 5.2 County's Responsibilities During Facility Operations. The County shall be responsible for the following activities when the Facility is operational, including the Startup and Shakedown Period, and on and after the Commencement Date. (a) Scales and Weighing. At the County's sole expense, the County will continue to operate and maintain the scale system that is used currently to weigh the vehicles delivering Solid Waste to the Complex. These scales will be used to weigh Solid Waste and certain other materials that are delivered to or removed from the Facility. Geoplasma shall not be required to pay the County for weighing Solid Waste provided to the Facility by or on behalf of the County. Geoplasma will pay the Scale Fee Page 11 of 43 to the County for each load of material that is (i) shipped out of the Facility by Geoplasma (e.g., Slag; Recyclable Materials; Reusable Material; By-Products; Solid Waste that is not Processed) or (ii) delivered to the Facility by or on behalf of Geoplasma from non-County sources (e.g., Solid Waste from non-County sources; Biosolids :trom municipalities). Upon request, the Director shall provide weight records to the vehicle drivers and/or Geoplasma for each load of material that is subject to the Scale Fee. The County shall not be responsible for submitting invoices to or collecting money :trom any Person for Geoplasma (e.g., when a vehicle delivers Biosolids generated by a municipality). (b) Traffic Control on the Complex. The County will be responsible for placing signs on the Complex and otherwise directing vehicles to the Baling Building, the Facility, or the Landfills, as appropriate. (c) Roadwav Maintenance on the Complex. At its expense, the County shall maintain the roadways, gates, entrances, and exits that are located between Glades Cut-Off Road and the Complex. The County also shall maintain the roadways on the Complex that lead to the Site. However, the County shall not be responsible for installing or maintaining the roadways, gates, entrances, and exits on the Site. (d) Access to the Site. The County shall allow access to the Site, without charge, for Geoplasma and any Person conducting business with Geoplasma, including but not limited to, any customer, delivery vehicle, and Person removing Slag, By-Products, Reusable Materials, or other material :trom the Facility. The County and Geoplasma shall coordinate their activities to ensure that Geoplasma and its contractors have access to the Site, whenever necessary (i.e., whether during the Receiving Time at the Complex or not), subject to any reasonable restrictions imposed by the County to maintain the safety and security of the operations on the Complex. (e) Processing Fee. The County shall pay a Processing Fee to Geoplasma, as set forth in this Agreement. (t) Receiving Time at the Complex. The Receiving Time at the Complex shall be at least 8:00 A.M. until 5:00 P.M. each Business Day and 8:00 A.M. until 2:00 P.M. each Saturday, except Holidays, unless the Parties agree otherwise. (g) Pennits. The County represents and warrants that, to its knowledge, it has all Pennits necessary and required to operate the Complex as it is currently Page 12 of 43 operated and that the County is currently in substantial compliance with all such Pennits. 5.3 Geoplasma's Responsibilities During Facility üµerations. Geoplasmashall be responsible for the following activities when the Facility is operational, including the Startup and Shakedown Period, and on and after the Commencement Date. (a) Baling Building Operations. Geoplasma will be responsible for the operations conducted in the Baling Building. In the Baling Building, Geoplasma will receive and sort the Solid Waste that is delivered to the Site for Processing. Geoplasma shall efficiently manage the Solid Waste received in the Baling Building, and shall control the vehicular traffic into and out of the building, to minimize the amount of time required for a vehicle to enter the building, unload its Solid Waste, and leave the Site. (b) Transporting Solid Waste. Geoplasma shall be responsible for moving, when necessary, any Solid Waste or other material that is delivered to the Site. Among other things, after Geoplasma sorts the Solid Waste in the Baling Building, Geoplasma shall be responsible for moving the Solid Waste from the Baling Building to the staging area in the Facility. Geoplasma also shall be responsible for removing any Solid Waste (except Prohibited Waste, which shall be handled pursuant to Section 6.5 herein), Slag, By-Products, Reusable Material, or other material from the Site and transporting it to an appropriate location for storage, recycling, reuse, or disposal. (c) Solid Waste Staging Area. Geoplasma intends to provide a staging area at the Facility where Geoplasma will temporarily store Solid Waste, or remove Reusable Material from the Solid Waste, or otherwise prepare the Solid Waste before the Solid Waste is used as fuel in the Facility. Geoplasma shall be responsible for operating this staging area. (d) Facility Operations. Geoplasma shall be responsible for all aspects of the Facility operations, including the plasma gasification system. (e) Slag and By-Products Staging Area. Geoplasma shall be responsible for operating a staging area at the Site where Slag, By-Products, Reusable Materials, and other materials may be temporarily stored before they are transported from the Site. (f) Biosolids Storage Facility. Geoplasma shall be responsible for operating any storage tanks or related facilities used for the temporary storage of any Biosolids delivered to the Facility. Page 13 of 43 (g) Reduction of Facility Operations. On and after the Commencement Date, Geoplasma shall have the right to reduce the amount of Solid Waste that Geoplasma Processes at the Facility. Geoplasma shall give reasonable advance notice to the Administrator before Geoplasma reduces its operations at the Facility. Thereafter, the County shall reduce the amount of Solid Waste delivered by or on behalf of the County to the Facility, consistent with Geoplasma's notice. The Weekly Minimum Delivery Tonnage shall be reduced to the levels specified in Geoplasma's notice. Notwithstanding anything else contained herein, Geoplasma shall not have the authority to reduce the Weekly Minimum Delivery Tonnage to a level that is less than the Minimum Annual Performance Tonnage divided by fifty-two (52). The Ground Lease shall specify the County's remedies if Geoplasma fails to comply with the provisions in the preceding sentence. (h) Expansion of Facility Capacity. Geoplasma shall design, construct and operate the Facility as specified in Schedule 3 so that the Facility is capable of Processing the Weekly Minimum Delivery Tonnage. With the Board's prior written approval, Geoplasma may expand the Facility in the future so that the Facility has the capacity to Process more than the Weekly Minimum Delivery Tonnage. Before Geoplasma expands the Facility, Geoplasma and the County shall negotiate appropriate amendments to this Agreement and the Related Agreements, specifying (i) the source(s) of the Solid Waste that will be used as fuel for the expanded Facility, (ii) the fees and revenues associated with the Facility's expanded Processing capacity, and (iii) the other necessary terms and conditions related to such expansion. Unless agreed to in writing by the Parties, Geoplasma shall not have any obligation to expand the Facility to Process, or to accept for Processing from the County, any more Solid Waste than the Weekly Minimum Delivery Tonnage. (i) Timely Access to Facility. Geoplasma shall design and operate the Facility in a manner that allows delivery vehicles to enter the Facility, unload, and leave the Site without undue delay. The County may divert vehicles to the Landfills whenever the line of vehicles waiting to unload in the Baling Building extends from the Bailing Building to the fork in the road where vehicles leaving the scale house would turn left to enter the Baling Building. In such cases, the Solid Waste diverted to the Landfills shall be credited toward the Weekly Minimum Delivery Tonnage. Similarly, when the line of vehicles delivering Landfill Solid Waste to the Facility contains eight (8) or more vehicles, the County may reduce the delivery of Landfill Solid Waste and the Weekly Minimum Delivery Tonnage shall be reduced accordingly. The diversion of vehicles and the other issues addressed in this paragraph may be addressed further in the Ground Lease. Page 14 of 43 (j) Receiving Time at the Facility. The Receiving Time at the Facility shall be at least 6:00 A.M. until 6:00 P.M. each Business Day and Saturday, except Holidays, unless the Parties agree otherwise. The Facility shall be designed to operate on a continuous basis (8,760 hours per year), except during periods of Planned Outages. There shall be no restrictions on the days or hours when the Facility Processes Solid Waste, generates electricity, or conducts its normal operations, except as provided by Applicable Law. (k) Disposal of Waste. Except as provided in Section 6.S, Geoplasma shall be solely responsible for the disposal of any Solid Waste it receives at the Site and any wastes generated as a result of Geoplasma's activities on the Site. Geoplasma may request the County to accept such Solid Waste or wastes for disposal at the Complex, but the County shall not be obligated to do so. Provided, however, the County will allow the Facility's Slag to be disposed of in the Class I Landfill if: (a) Geoplasma uses Commercially Reasonable Efforts to sell the Slag and dispose of the Slag at other locations, but is unable to do so; (b) the Slag may be accepted at the Class I Landfill in compliance with Applicable Law; and ( c) the disposal of the Slag in the Class I Landfill will not materially and adversely affect the operation of the Class I Landfill or the quality of the leachate generated by the Class I Landfill, as determined by the County. Geoplasma shall pay the same Tipping Fee as any other Person delivering the same or similar material, as reasonably determined by the County, for any material disposed of at the Complex by Geoplasma. (1) DEP Air Permit. Geoplasma shall apply to the Florida Department of Environmental Protection for an air construction permit for the Facility. Geoplasma's application for such permit shall contain information regarding the Facility's "Potential to Emit" with respect to all pollutants listed in Sections 1, 2 and J of the Compilation of Air Pollutant Emission Factors. A-P 42. Sth Ed.. Vol I: Stationary Point and Area Sources. Geoplasma's application for an air construction permit shall demonstrate that the Facility will be a Minor Source of air pollution. At Geoplasma's option, the application may seek authorization to construct the Facility in two or more phases, with an initial Processing capacity of one thousand (1,000) TPD and subsequent phases increasing the Processing capacity to three thousand (3,000) TPD. Geoplasma shall obtain and comply with the air construction permit for a Minor Source, including any continuous monitoring and source testing requirements contained therein. Geoplasma further agrees to (i) use "All Best Efforts" (as defined in the Ground Lease) to limit the airborne emissions from the Facility to those levels specified in Schedules 4 and Sof this Agreement and (ii) monitor the Page IS of 43 Facility's airborne emissions in the manner described in Schedule 4. The Ground Lease shall address these issues further, as described in Section 2.1.12 herein. 6. Supply of Solid Waste to the Facility. 6.1 Minimum Solid Waste Delivery and Processing Obligations. Subject to the other tenns and conditions contained herein, the County agrees to use Best Efforts to deliver (or cause to be delivered) to the Facility for Geoplasma's use at least the Weekly Minimum Delivery Tonnage of Solid Waste. Subject to the other tenns and conditions contained herein, Geoplasma agrees that it will accept from the County (or Persons delivering on the County's behalf) and Process at the Facility the Weekly Minimum Delivery Tonnage. If the County uses Best Efforts to deliver (or cause to be delivered) to the Facility for Geoplasma's use at least the Weekly Minimum Delivery Tonnage of Solid Waste, a failure to deliver the Weekly Minimum Delivery Tonnage shall not constitute a breach of this Agreement or an Event of Default by the County and, therefore, Geoplasma shall not be entitled to recover monetary damages of any kind or amount from the County based on such failure to deliver the Weekly Minimum Delivery Tonnage. 6.2 Requirements for Weekly Minimum Delivery Tonnage. Except as otherwise provided herein, the Weekly Minimum Delivery Tonnage shall be seven thousand (7,000) Tons of Solid Waste delivered to the Facility each calendar week (Sunday through Saturday). Geoplasma requires, and the County agrees, that at least four thousand five hundred (4,500) tons of the Weekly Minimum Delivery Tonnage shall consist of Class I Waste. At the County's option, more than four thousand five hundred (4,500) Tons of the Weekly Minimum Delivery Tonnage may consist of Class I Waste. The Class I Waste may consist of New Class I Waste, or Landfill Class I Waste, or any combination of the two. 6.3 Removal of Reusable Materials. In its sole discretion, Geoplasma may remove Reusable Material from the Solid Waste that is delivered to the Facility by or on behalf of the County. With regard to any Reusable Material that is removed from the Solid Waste by Geoplasma: (a) Geoplasma shall be solely responsible for the reuse or disposal of the Reusable Material; (b) Geoplasma shall receive any revenues and shall pay any expenses associated with the sale, removal, use or disposal of the Reusable Material; (c) the County shall not pay a Processing Fee for the Reusable Material; (d) all of the Reusable Material shall be weighed at the County's scale house before leaving the Complex; ( e) Geoplasma shall pay the Scale Fee to the County for each load of Reusable Material that is weighed by the County; and (f) Reusable Material shall not be counted when detennining whether the County delivered the Weekly Minimum Delivery Tonnage. Page 16 of 43 If the County fails to satisfy its obligation to deliver (or cause to be delivered) the Weekly Minimum Delivery Tonnage because Geoplasma removed Reusable Material from the County's Solid Waste on a Saturday, Sunday, or Holiday, the County shall be allowed to cure the shortfall by providing additional Solid Waste during the next Business Day following the Saturday, Sunday, or Holiday. 6.4 Geoplasma's Right to Accept Waste From Non-County Sources. (a) To fully utilize the Facility's Processing capacity and to supplement the BTU content of the waste materials delivered to the Facility, whether or not the County is fulfilling or has fulfilled its obligations to deliver Solid Waste pursuant to Section 6.1, beginning on the Commencement Date and thereafter Geoplasma may, but is not obligated to, enter into contracts with third parties to Process certain materials at the Facility. Specifically, Geoplasma may accept and Process (i) Waste Tires generated in St. Lucie County or elsewhere and (ii) Biosolids generated by any wastewater treatment plant located in the incorporated or unincorporated areas of St. Lucie County. Geoplasma also may accept and Process other materials not expressly authorized in this Agreement if Geoplasma receives the Board's prior written approval. (b) The County acknowledges that Geoplasma must have a steady, reliable source and supply of Solid Waste in order to fuel the Facility so that it can meet its obligations under the Power Purchase Agreement(s). Should the County, for any reason, not deliver the Weekly Minimum Delivery Tonnage in the manner described in this Agreement, or should circumstances lead Geoplasma to reasonably believe the County may not deliver the Weekly Minimum Delivery Tonnage in compliance with this Agreement, then Geoplasma may (i) seek and accept Class I Waste, Construction and Demolition Debris, Yard Trash, and Waste Tires generated by sources other than the County and (ii) either subsequently to or simultaneously with seeking such materials, arrange for a qualified contractor to commence excavating the Landfills at Geoplasma's expense in order to deliver Landfill Solid Waste to the Facility. The provision in this paragraph may be utilized by Geoplasma even if the County has used Best Efforts to deliver Solid Waste to the Facility. Before taking either such action, Geoplasma shall provide the County with reasonable advance written notice (as detennined by the circumstances, but in no event less than ten (10) or more than thirty (30) days in advance) that Geoplasma intends to (i) accept for Processing Solid Waste (as specified above) from sources other than the County, which sources may be located inside or outside St. Lucie County; and/or (ii) commission a Page 17 of 43 qualified third-party contractor to excavate Landfill Solid Waste and deliver such material to the Facility for Processing. (c) After Geoplasma gives the notice(s) specified in Section 6.4(b), the Parties shall confer and attempt to reach a mutually agreeable resolution resulting in the following, in order of priority: (i) the assurance that at least the Weekly Minimum Delivery Tonnage will be delivered to the Facility in the manner described herein for the remaining Term of this Agreement; and (ii) as much of the Weekly Minimum Delivery Tonnage as is reasonably consistent with (i) above will be comprised of Solid Waste delivered by or on behalf of the County pursuant to its obligations in Section 6 of this Agreement. (d) If Geoplasma exercises its rights pursuant to Section 6.4(a) or 6.4(b), the County shall provide access to the Site, pursuant to Section 5.2(d), for any delivery of such material. Geoplasma shall receive one-hundred percent (100%) of the fees, as negotiated by Geoplasma, to be paid by third parties to Geoplasma for Processing such material. Geoplasma shall be solely responsible for submitting invoices for and collecting payment of such fees. Geoplasma shall pay the Scale Fee to the County when such materials are delivered to the Complex and weighed by the County. Any deliveries of Solid Waste, Biosolids, and other materials trom sources other than those acting on behalf of the County shall be credited toward, and thus shall reduce on a ton-for-ton basis the County's obligation to deliver, the Weekly Minimum Delivery Tonnage of Class I Waste. 6.5 Prohibited Waste. Geoplasma shall not accept or Process any Prohibited Waste at the Site. Geoplasma shall be responsible for determining whether any single item of any Solid Waste or other material delivered to the Facility is Prohibited Waste. If any Person delivers Prohibited Waste to the Site, Geoplasma shall instruct such Person to remove the Prohibited Waste trom the Complex. If Geoplasma is unable to identify the Person that delivered the Prohibited Waste to the Facility, the County shall be responsible for handling, removing, and disposing of the Prohibited Waste at the County's expense, unless the County determines that the Prohibited Waste was dèlivered by a third party acting for or on behalf of Geoplasma (e.g., a Person delivering Solid Waste generated outside the County pursuant to a contract with Geoplasma), in which case Geoplasma shall be responsible for handling, removing, and disposing of the Prohibited Waste at Geoplasma's expense. If the County places such Prohibited Waste in the Class I Landfill for disposal, the County shall take appropriate steps to ensure that such waste is not subsequently excavated trom the Class I Landfill and delivered to Geoplasma for Processing. Geoplasma shall not be paid a Processing Fee for any Prohibited Waste that is delivered by or on behalf of the County to the Site and rejected by Geoplasma. Prior to the Commencement Date, Geoplasma shall . Page 18 of 43 prepare and provide to the Director an operations manual that more specifically identifies the types of materials that constitute Prohibited Waste, consis,tent with the definitions contained in Schedule I, the Permits, and Applicable Law. The operations manual may be amended by Geoplasma from time to time, as necessary. 6.6 Timetable for Delivery of Weekly Minimum Delivery Tonnage. The County shall have no obligation to deliver (or cause the delivery of) Solid Waste to the Facility until the Startup and Shakedown Period. After receiving reasonable advance notice from Geoplasma, the County shall use Best Efforts to deliver (or cause to be delivered) to the Facility as much Solid Waste as Geoplasma reasonably needs to perform its startup and shakedown of the Facility and conduct the performance and compliance tests during the Startup and Shakedown Period. Geoplasma's notice shall set forth in reasonable detail the delivery requirements. The County's obligation to use Best Efforts to deliver (or cause to be delivered) the Weekly Minimum Delivery Tonnage to Geoplasma shall remain in effect from the Commencement Date until this Agreement expires or is terminated. 6.7 Storage of Waste Supply. (a) The County receives New Solid Waste deliveries during the Receiving Times at the Complex. The Facility, however, will operate continuously, twenty-four (24) hours per day and seven (7) days per week, except during Planned and Unplanned Outages. Accordingly, Geoplasma must design and construct the Facility with enough covered storage capacity for Solid Waste to enable (i) the County to deliver its Weekly Minimum Delivery Tonnage to the Facility during the Receiving Times at the Facility and (ii) Geoplasma to store enough Solid Waste inside a covered area so that Geoplasma can operate the Facility continuously, even when the County is not delivering Solid Waste to the Facility. However, Geoplasma shall not be required to provide covered storage capacity at the Facility for more than two thousand five hundred (2,500) Tons of Solid Waste, plus an additional amount of covered storage capacity for the stockpile described in Section 6.7(c), below. The total amount of covered storage capacity to be provided by Geoplasma shall be determined in the Ground Lease (b) The County shall not deliver (or cause to be delivered) more Solid Waste to the Facility than the Facility has covered storage capacity to accept, unless Geoplasma agrees otherwise in advance. If Geoplasma rejects any Solid Waste delivered by or on behalf of the County because the Facility does not have sufficient covered storage capacity to accept such waste, the rejected waste shall be credited toward the Weekly Minimum Delivery Tonnage, but only if and to the extent that the County's deliveries do not exceed one thousand four hundred (1,400) Tons in one calendar day Page 19 of 43 during a week that does not include a Holiday, and one thousand seven hundred (1,700) Tons in one calendar day during a week that includes a Holiday. Geoplasma is not obligated to accept more than the number of Tons of Solid Waste stated in the previous sentence. (c) The County agrees that prior to the Commencement Date, and in addition to the Solid Waste delivered to the Facility for use during the Startup and Shakedown Period, the County will have delivered to the Facility a stockpile of at least two thousand five hundred (2,500) Tons of Solid Waste. This stockpile shall not be credited toward nor be a part of the County's Weekly Minimum Delivery Tonnage, but instead shall be a reserve fuel supply for Geoplasma to use, as necessary, because the Parties recognize that deliveries to the Facility will not arrive at a constant rate. The County agrees that it will use Best Efforts to keep the stockpile at no less than two thousand (2,000) Tons. After the Commencement Date, any deliveries of Solid Waste to the stockpile by the County shall be credited toward the Weekly Minimum Delivery Tonnage. (d) Geoplasma shall promptly notify the Director whenever Geoplasma wants the County to deliver more Solid Waste to Geoplasma's storage areas. The County shall use Best Efforts to: (i) cause additional Solid Waste to be delivered to the Facility, within a reasonable time after it is requested; (ii) ensure that Geoplasma's storage area contains at least two thousand five hundred (2,500) Tons of Solid Waste before the County concludes its operations on a Saturday or the day before a Holiday; and (iii) deliver Landfill Solid Waste to the Facility on a Sunday or Holiday, if such deliveries are requested by Geoplasma before 10:00 A.M. on such Sunday or Holiday, and the deliveries are essential for the continuous operation of the Facility. However, nothing contained herein shall be construed to increase the amount of the Weekly Minimum Delivery Tonnage or to require the County to deliver more than the Weekly Minimum Delivery Tonnage. 6.8 Waste Deliveries During Outages. Geoplasma shall provide the Director with reasonable advance written notice of any periods when the Processing capacity of the Facility will be reduced as a result of Planned Outages or other foreseeable conditions. Geoplasma shall provide written notice to the Director promptly after discovering that Unplanned Outages or other unanticipated conditions will reduce the Facility's Processing capacity. Geoplasma's notice shall identify (a) the extent to which the Facility's Processing capacity has been or will be reduced, (b) the anticipated date and time when the Facility's Processing capacity will be restored, and (c) the amount of Solid Waste, if any, that Geoplasma wishes to receive from the County during the period when the Facility's Processing capacity is reduced. Under such circumstances, the Weekly Minimum Delivery Tonnage shall be Page 20 of 43 reduced proportionately, based on the reduced capacity of the Facility, as described in Geoplasma's notice. For example, the Weekly Minimum Delivery Tonnage shall be reduced by the amount that the Facility's Processing capacity is reduced, as stated in Tons per hour, multiplied by the number of hours that the Processing capacity is reduced. 6.9 Calculation of County's Weekly Deliveries. The Parties shall use the weight records from the County's scale house when calculating whether the County has delivered the Weekly Minimum Delivery Tonnage to the Facility. When perfonning this calculation, the Parties shall apply the basic concepts set forth in the following fonnula, which may be clarified in the Ground Lease. The County shall be deemed to have satisfied its obligation to deliver the Weekly Minimum Delivery Tonnage when "AD" (below) equals or exceeds the Weekly Minimum Delivery Tonnage. AD = AA-PW -RM + RW + DW + ATP Where: AD = the net amount of Solid Waste that was delivered to the Facility or otherwise credited toward the Weekly Minimum Delivery Tonnage, as calculated in accordance with this Section 6.9. AA = the amount of Solid Waste that was delivered to the Facility by (or on behalf of) the County and accepted by Geoplasma. PW = the amount of material that was delivered to the Facility by (or on behalf of) the County, but rejected by Geoplasma because the delivered material was Prohibited Waste. RM = the amount of Reusable Material that was removed from the Solid Waste delivered to the Facility by (or on behalf of) the County, weighed by the County, and transported away from the Site. RW = the amount of Solid Waste that was tendered or delivered to the Facility by (or on behalf of) the County, and which Geoplasma was obligated to accept pursuant to the terms of this Agreement, but was rejected by Geoplasma because Geoplasma was unwilling or unable to accept the Solid Waste. RW does not include Prohibited Waste or Reusable Material. DW = the amount of Solid Waste that the County tendered to Geoplasma, but diverted from the Facility in accordance with the provisions of this Agreement (e.g., Solid Waste diverted from the Facility Page 21 of 43 pursuant to Section 5.3(i) because the line of vehicles entering the Facility was too long). ATP = the amount of Solid Waste that was delivered to the Facility by third parties pursuant to Geoplasma's right to accept the delivery of Solid Waste or other materials from sources other than the County. 6.1 0 Waste Delivery and Processing Priorities. The Parties agree that the Facility will accept deliveries and Process waste materials in the following order of priority: (a) First, New Solid Waste delivered by or on behalf ofthe County; and (b) Second, Landfill Solid Waste excavated at County expense and delivered by or on behalf of the County; and (c) Third, Landfill Solid Waste excavated at Geoplasma's expense by Geoplasma's contractor, if Geoplasma elects to excavate any Landfill Solid Waste; and (d) Fourth, Solid Waste and other materials delivered to the Facility by non- County sources pursuant to Section 6.4 of this Agreement. Geoplasma shall not be required to excavate Landfill Solid Waste before Geoplasma may arrange for and accept Solid Waste and other materials from non- County sources. Landfill Solid Waste excavated at Geop1asma's expense may be Processed in combination with Solid Waste and other materials from non-County sources, provided that all such Landfill Solid Waste shall be Processed within such timetable as is provided in the Ground Lease. 6.11 Exclusive Waste Processor. The County agrees that it will not enter into any new contracts with any Person, except Geoplasma, for the Processing, disposal, recycling, compo sting, or other treatment of Solid Waste. However, if Geoplasma rejects part or all of the County's Solid Waste for any reason, the County may divert such rejected Solid Waste to the Landfills or another appropriate facility for recycling, compo sting, disposal, or other purposes, and may enter into appropriate contracts for the management of such rejected Solid Waste. 6.12 Disclaimer Concerning Waste Composition. The County does not guarantee and affirmatively disclaims any representations concerning the composition of the Solid Waste that the County will deliver or cause to be delivered to the Facility. The County's disclaimer includes but is not limited to (a) the physical and chemical properties of the Solid Waste, (b) the energy value and BTU content of the Solid Waste, and ( c) the proportion of any material in the Solid Waste. Page 22 of 43 Nothing in this Agreement shall be construed otherwise. Geoplasma understands and agrees that the County is making no representations and providing no warranties concerning these issues. 6.13 No Limits on Origin of County Solid Waste. This Agreement imposes no limits on the origin of the Solid Waste delivered to the Facility by or on behalf of the County. Among other things, the County may satisfy its obligation to deliver (or cause to be delivered) the Weekly Minimum Delivery Tonnage by (a) delivering Solid Waste generated" outside the unincorporated areas of St. Lucie County, Florida, (b) delivering (or causing to be delivered) Solid Waste generated by a Person other than the County, or (c) causing Solid Waste to be delivered by an agent (e.g., a franchisee) or other third party, such as a municipality, County resident, or County business. Nothing in this Agreement shall be construed otherwise. 6.14 Monthly Communications Concerning Fuel Supply. Geoplasma shall keep and maintain a daily log concerning the operations at the Facility. Based on the information in the daily log, the Manager shall deliver a Monthly Report to the Director on or before the tenth (10th) Business Day of each Billing Month. At a minimum, the Monthly Report shall provide the following information concerning the preceding Billing Month: (a) the amount of Solid Waste that was Processed each day during the month; and (b) the dates, if any, when Processing at the Facility was reduced because of a shortage of Solid Waste and, for each such date, the extent to which Processing was reduced each hour due to a shortage of Solid Waste. At a minimum, the Monthly Report also shall provide the following information: (a) the dates when there will be a Planned Outage or other known event that will reduce the operations at the Facility during the current Billing Month or any of the next six (6) Billing Months; (b) any information in Geoplasma's possession that Geoplasma reasonably expects may affect the County's plans concerning the delivery of Solid Waste to the Facility during the future; and (c) any other information reasonably requested by the Director. The Director and the Manager shall meet at least once each month to discuss the Monthly Report, any issues that may reasonably be expected to affect the delivery and acceptance of Solid Waste at the Facility, and other issues related to the Parties' obligations and performance under this Agreement. 7. Fees. Revenues and Rent. 7.1 The Invoice Method. The County shall provide Geoplasma with the information in its possession that will help enable Geoplasma to prepare its invoices to the County. By the fifth (5th) Business Day of each Billing Month, the Director shall provide the following information to the Manager concerning the previous Billing Month: (a) the total quantity of Solid Waste delivered to the Facility each week by or on behalf of the County; (b) the quantity of Class I Waste delivered to the Page 23 of 43 Facility each week by or on behalf of the County; ( c) the quantity of Solid Waste and Class I Waste that the County (or those acting on behalf of the County) delivered or attempted to deliver to the Facility, but Geoplasma did not accept; (d) the quantity of Solid Waste and Class I Waste delivered to the Facility each week fÌ"om Persons other than the County; (e) the quantity of Prohibited Waste that was delivered to the Facility and subsequently transported elsewhere, without Processing; (t) the quantity of Solid Waste and Class I Waste that was accepted at the Facility and subsequently transported elsewhere, without Processing; (g) the quantity of Reusable Material that was not Processed and transported. fÌ"om the site; (h) the number of vehicles that were weighed by the County as a service to Geoplasma, including but not limited to vehicles removing Reusable Material fÌ"om the Site, and vehicles delivering Solid Waste and other materials fÌ"om sources other than the County; and (i) the costs incurred by the County to dispose of Geoplasma' s leachate. By the tenth (10th) Business Day of each Billing Month, the Manager shall submit Geoplasma's invoice to the Director. The invoice shall provide the following infonnation concerning the previous Billing Month: (a) all Processing Fees owed to Geoplasma by the County; (b) the Scale Fees to be paid to the County for its weighing services; ( c) the amount of any other fee to be paid to Geoplasma or the County under this Agreement; (d) the amount of any rent to be paid to the County; (e) the amount of any Shortfall Damages due to be paid by the County to Geoplasma; and (t) the net amount to be paid by the County or Geoplasma. The invoice shall include any supporting infonnation reasonably requested by the Director. The County shall process and pay the invoice in compliance with the Local Government Prompt Payment Act. With regard to the previous paragraph, the amount of the Processing Fees owed to Geoplasma shall be calculated by multiplying "B" times "C", where: "B" equals the number of Tons of Solid Waste that were delivered by or on behalf of the County, accepted by Geoplasma, and Processed during the Billing Month; and "C" equals the then current Processing Fee. 7.2 The Processing Fee. The County shall pay a Processing Fee for each Ton of Solid Waste that is delivered to the Facility by or on behalf ofthe County and Processed by Geoplasma. The Processing Fee will remain constant through the first five (5) Billing Years. In the sixth (6th) Billing Year and each subsequent Billing Year, the Processing Fee will be increased by three percent (3 %) on October 1 st. The increased Processing Fee will be billed and paid in compliance with the other Page 24 of 43 provisions herein. The County shall not be obligated to pay any Processing Fee to Geoplasma for Solid Waste accepted by Geoplasma from non-County sources or excavated from the Landfills by Geoplasma's contractor pursuant to Section 6.4. 7.3 Shortfall Damages. (a) Subject to the other provisions contained herein, the County shall pay Shortfall Damages to Geoplasma if the County fails to use Best Efforts to deliver or cause to be delivered the Weeldy Minimum Delivery Tonnage to the Facility during any calendar week (Sunday through Saturday). The Shortfall Damages shall consist of the following: (i) the product of (1) the difference between (A) the Weekly Minimum Delivery Tonnage and (B) the actual number of Tons tendered to the Facility during the week in compliance with the requirements in this Agreement, as calculated in accordance with the fonnula in Section 6.9 herein, and (2) the then current Processing Fee; minus (ii) the revenues derived by Geoplasma for Processing Solid Waste and other materials obtained from sources other than the County; plus (iii) all reasonable costs directly incurred by Geoplasma in arranging for the delivery of Solid Waste and other materials from sources other than the County, as documented by Geoplasma, provided the total amount of such costs does not exceed the then current Processing Fee for each Ton delivered due to Geoplasma's arrangements. (b) Shortfall Damages, calculated as specified above, shall be Geoplasma's sole remedy for the County's failure to use Best Efforts to deliver or cause to be delivered the Weekly Minimum Delivery Tonnage to the Facility. ( c) The County shall not be obligated to pay Geoplasma Shortfall Damages for a given week unless Geoplasma uses Commercially Reasonable Efforts to mitigate its damages by seeking Solid Waste from sources other than the County. (d) The County shall not be obligated to pay Shortfall Damages for any given week unless during such week Geoplasma Processed all of the Solid Waste in the covered storage areas and stockpile(s) described in Section 6.7 and Geoplasma nonetheless had to reduce or cease the Processing of Solid Waste due to an absence of Solid Waste in the Facility. (e) If the daily logs for the Facility show that the Facility was Processing more than one thousand (1,000) TPD of Solid Waste during any week in which Page 25 of 43 Geoplasma seeks Shortfall Damages, the Shortfall Damages shall be reduced (if necessary) to the amount they would have been if Geoplasma only Processed the Solid Waste at a rate of one thousand (1,000) TPD and seven thousand (7,000) Tons per week. 7.4 Other Revenues. Any and all revenues derived by Geoplasma from its operations under this Agreement shall be the property of Geoplasma. The County has no claim or right to any portion of said revenues. The provisions of this paragraph apply to all revenues derived from any source for any reason whatsoever, including, without limitation, the revenues from the sale of electricity, Slag, By- Products, Recyclable Materials, Reusable Material, and REC, and the revenues from the Processing of Solid Waste and other materials. 7.5 Scale Fee. The Scale Fee paid by Geoplasma to the County shall be two dollars and fifty cents ($2.50) for each truck that is weighed by the County. At the end of the fifth (5th) Billing Year and every five (5) years thereafter, the Scale Fee paid to the County for weighing Geoplasma's trucks shall be increased to reflect one hundred percent (100%) of the inflation that occurred during the previous five (5) years, as shown by the COBsumer Price Index. 7.6 Rent for Ground Lease. The Ground Lease shall provide for annual rental payments to the County in the amount of one dollar ($1.00). However, the Ground Lease shall provide for an increase in the amount of the rent if, and only if, one of the following events occurs: (i) if Geoplasma fails to achieve Completion of Construction of the Facility within thirty-six (36) months after the date of Commencement of Construction, Geoplasma shall pay rent in the amount of eight thousand three hundred thirty-four dollars ($8,334) per month for each month, or a proportionate amount for each partial month, until Geoplasma achieves Completion of Construction of the Facility; (ii) if Geoplasma fails to achieve Completion of Construction of the Facility within sixty (60) months after the Commencement of Construction, Geoplasma shall pay rent in the amount of eighty-three thousand three hundred thirty-four dollars ($83,334) per month for each month, or proportionate amount for each partial month, until Geoplasma achieves Completion of Construction of the Facility; (iii) beginning thirty-six (36) months after the Commencement Date, if Geoplasma fails to Process the Minimum Annual Performance Tonnage during any Billing Year (in or after the third Billing Year) Geoplasma shall pay rent in equal quarterly installments during, and limited to, the Page 26 of 43 next Billing Year in the total amount of one hundred thousand dollars ($100,000); or (iv) beginning sixty (60) months after the Commencement Date, if Geoplasma fails to Process the Minimum Annual Performance Tonnage during any Billing Year (in or after the fifth Billing Year) then Geoplasma shall pay rent in equal quarterly installments during, and limited to, the next Billing Year in the total amount of one million dollars ($1,000,000). Geoplasma's obligation to pay increased rent pursuant to Sections 7.6(iii) and (iv) is contingent upon the County delivering Solid Waste to the Facility during the Billing Year in quantities equal to or greater than the Minimum Annual Performance Tonnage. If the timing or quantity of the County's deliveries of Solid Waste prevent Geoplasma from Processing the Minimum Annual Performance Tonnage, then the Minimum Annual Performance Tonnage shall be reduced proportionately when determining whether Geoplasma shall be required to pay increased rent pursuant to Sections 7.6(iii) or (iv). 8. The Interlocal Å2reements. The County agrees to diligently pursue the negotiation and execution of Interlocal Agreements that, to the extent allowed by law, require the City of Port St. Lucie and the City of Ft. Pierce to deliver certain types of Solid Waste to the Facility for Processing. The County shall endeavor to include provisions in the Interlocal Agreements making Geoplasma a third party beneficiary with the right to enforce the Interlocal Agreements. In the Interlocal Agreements, the County shall seek to obtain the Class I Waste, Yard Trash, and Construction and Demolition Debris generated within the two cities. The County agrees to comply with and enforce the terms of the Interlocal Agreements, to the extent allowed by law. Furthermore, the County agrees to coordinate with these cities and thereby attempt to increase the amount of Solid Waste they deliver to the Facility pursuant to the Interlocal Agreements. 9. Ternrlnation. 9.1 Certain Assumptions. The Parties acknowledge to each other as follows: (a) The Parties' willingness to enter into this Agreement is based on certain mutual assumptions concerning the ability of the Parties to negotiate and obtain acceptable Related Agreements, including the Permits, that will allow Geoplasma to construct and operate the Facility, and provide its services to the County, within the estimated budgets of the Parties for the development and use of the Facility. (b) To the extent that these mutual assumptions prove to be incorrect, the Facility may no longer be economically viable, in which case the Parties Page 27 of 43 will review this Agreement to detennine whether the Agreement should be revised or tenninated; and ( c) At this time, the Parties wish to proceed forward based on the tenns and conditions set forth in this Agreement, to pursue the opportunities represented by the Facility. 9.2 Early Conditions. (a) The Ground Lease is critical to the Parties' decision to continue going forward with the Facility. The Parties contemplate that the Ground Lease will be the first of the Related Agreements to be negotiated and executed. The Parties agree to promptly and diligently pursue the negotiation and execution of the Ground Lease. (b) This Agreement also is contingent upon the issuance of DEP Pennits authorizing the Parties to operate as contemplated in this Agreement, including authorizing the County (and under certain circumstances a contractor) to excavate Solid Waste from the Landfills. (c) If anyone of the following conditions develops, the County will promptly provide notice ("Early Condition Notice") to Geoplasma: (i) The County is unable to enter into Interlocal Agreements with the cities of Ft. Pierce and Port St. Lucie that are acceptable to the County, in its sole discretion; or (ii) The County is dissatisfied, in its sole discretion, with the DEP Pennits issued to either Party, or (iii) The County is unable to negotiate a Ground Lease with Geoplasma that is acceptable to the County, in its sole discretion. (d) Following the County's receipt of the final draft of each Interlocal Agreement and the Ground Lease, and following the receipt of each DEP Pennit in final and nonappealable fonn, the County shall have thirty (30) days to send an Early Condition Notice to Geoplasma. If the County does not send Geoplasma an Early Condition Notice in response to any of these events within thirty (30) days, the County shall be deemed to have waived its right to utilize the procedures established in Section 9.4, below. ( e) This Agreement is based on the Parties' belief that the County can pay the Processing Fee for Geoplasma's services and conduct the County's operations at the Complex without increasing the County's current Page 28 of 43 Tipping Fees (i.e., Thirty-two Dollars ($32.00) per Ton for Class I Waste; Nineteen Dollars ($19.00) per Ton for C&D Debris; and Twenty Dollars ($20.00) per Ton for Yard Trash). If the County detennines at any time prior to the Commencement of Construction that the County's obligations under this Agreement will require the County to increase its Tipping Fees to a level that is unacceptable to the County, as detennined in the County's sole discretion, the County shall deliver an Early Condition Notice to Geoplasma. 9.3 Changed Conditions. If Geoplasma detennines in its sole discretion at any time prior to the Commencement of Construction that it does not wish to pursue construction of the Facility for any reason, including without limitation, one of the following conditions, then Geoplasma shall promptly provide notice ("Changed Condition Notice") to the Administrator: ( a) The proj ected cost of building, operating, maintaining, or otherwise using the Facility exceeds an amount acceptable to Geoplasma. (b) Any of the Related Agreements can not be obtained in a fonn acceptable to Geoplasma. ( c) The Commencement Date is not expected to occur within a time that is acceptable to Geoplasma. (d) Financing of the Project can not be obtained on tenns acceptable to Geoplasma. (e) Geoplasma can not obtain sufficient tax abatement measures. (f) Any of the Permits required for the Facility have tenns or conditions that are unacceptable to Geoplasma. (g) Other restrictions (regardless of the source or reason) that are unacceptable to Geoplasma are imposed on the operation ofthe Facility. (h) The Parties are unable to negotiate the tenns of a mutually acceptable amendment to this Agreement concerning the force majeure provision. (i) A Change in Law or other event adversely affects the County's ability to deliver Solid Waste to the Facility. G) A Change in Law or other event adversely affects the ability of either Party to satisfy their obligations in compliance with this Agreement. Page 29 of 43 9.4 Negotiations Concerning Early Condition Notice or Changed Condition Notice. (a) Upon receipt of an Early Condition Notice or a Changed Condition Notice, the Parties will negotiate in good faith for a period of thirty (30) days and thereby attempt to agree upon appropriate modifications to the terms and conditions of this Agreement, which will enable the Parties to proceed with the development ofthe Facility. (b) If the Parties are able to agree on such modifications, the Parties will promptly amend this Agreement and take any steps reasonably necessary to implement such modifications. Thereafter, the Parties shall perform their respective obligations under the amended Agreement. ( c) If the Parties are unable to agree on such modifications within thirty (30) days, either Party may terminate this Agreement by providing written notice of termination to the other Party. (d) The County and Geoplasma will be responsible for and bear all of their respective costs and expenses (including, without limitation, the fees and expenses of their brokers, consultants, lawyers, and other representatives) incurred at any time in connection with pursuing, negotiating, consummating or implementing this Agreement, including, without limitation, the negotiation, implementation, and termination of any Related Agreement. 9.5 Termination Upon Default. Either Party will have the right to terminate this Agreement by providing notice to the other Party (a "Default Notice") upon the occurrence of an Event of Default with respect to the other Party. Termination shall occur ten (10) Business Days after the Default Notice is delivered, unless the Parties mutually agree to a different date or this Agreement provides otherwise. (a) "Event of Default" means with respect to a Party: (i) The failure of that Party to make payment as required or perform any obligation under this Agreement; (ii) The refusal to perform by that Party with respect to any performance not yet due under this Agreement; (iii) That Party experiences an Insolvency Event; or (iv) The making by that Party of a materially incorrect or misleading representation or warranty in this Agreement, provided that the Default Notice is delivered promptly after the other Party discoversn Page 30 of 43 that presence of such materially incorrect or misleading representation or warranty in this Agreement, but in no event later than thirty (30) days before the Commencement of Construction. (b) "Insolvency Event" with respect to a Party means that either that Party or its guarantor: (i) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (ii) makes a general assignment, arrangement or composition with or for the benefit of its creditors; (iii) institutes or has instituted against it a proceeding (which is not dismissed within ninety (90) days of its filing) seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors' rights, or a petition is presented for its winding-up or liquidation, and such proceeding or petition is not dismissed within ninety (90) days after it is filed; (iv) has a resolution passed for its winding-up or liquidation (other than pursuant to a consolidation, amalgamation or merger); (v) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all its assets; (vi) has a secured party take possession of all or substantially all its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all its assets; ( c) "Event of Default" also means the Commencement of Construction does not occur before the deadline established in Section 5.1 (d) of this Agreement. (d) "Event of Default" also means that a payment is not made in compliance with the timetable set forth in Section 9.6(a) of this Agreement. 9.6 Notice and Right to Cure. No Event of Default shall occur unless and until the following conditions are met: Page 31 of43 (a) If a Party fails to make any monetary payment required by this Agreement, the Party entitled to such payment shall provide the Party obligated to make such, payment a written notice specifying such failure. The Party receiving the notice shall have ten (10) Business Days to make the payment after receipt of such notice. (b) With respect to any other obligation specified in this Agreement, the Party to whom such obligation is owed shall first provide the other Party a written notice specifying such failure. The Party receiving the notice shall have a thirty (30) day period after receipt of such notice to cure the failure of perfonnance. With respect to any failure which is not reasonably susceptible to being cured within a thirty (30) day period, the Party obligated to take action shall commence within such thirty (30) days such act or acts as will be necessary to cure such failure, and thereafter shall diligently and continuously work to complete such act or acts within a time period that is reasonable under the circumstances. (c) The provisions of Section 9.6(b) above shall not apply to (i) the County's obligation to use Best Efforts to deliver or cause to be delivered the Weekly Minimum Delivery Tonnage to the Facility or (ii) the Event of Default described in Section 9.5(c) herein. 9.7 Remedies Upon Default. In the event there is a tennination upon default pursuant to Section 9.5, the non-defaulting Party will have the right to pursue all remedies available at law or in equity, including specific perfonnance. Additionally, the non-defaulting Party shall have the right to recover from the defaulting Party the actual damages it suffered as a result of the Event of Default, excluding exemplary or punitive damages. 9.8 Limitations to Remedies. Nothwithstanding anything else contained herein, the Parties agree that: (a) The County shall pay (i) the Processing Fee, as required by Section 7.2 of this Agreement; and (ii) Shortfall Damages, as required by Section 7.3 of this Agreement. The County shall use all of its financial resources that are necessary to satisfy these obligations. (b) The County shall not be liable to Geoplasma for the payment of monetary damages of any kind or in any amount if the County fails to deliver Solid Waste to the Facility in compliance with the requirements in the Agreement, including but not limited to the requirements in Sections 5.1(g), 6.2, 6.7(c), and 6.7(d), provided that the County uses Best Efforts to satisfy the applicable requirement. If the County uses Best Efforts but is unable to satisfy an obligation to deliver Page 32 of 43 Solid Waste to the Facility, Geoplasma's sole and exclusive remedy is to follow the procedures set forth in Section 6.4 herein. ( c) Except as is expressly provided for in this Agreement, there shall be no limitation on the remedies, damages, or source of funds available to satisfy any such damages, for any breach of this Agreement by either Party. 9.9 Restoration of Site. If this Agreement is terminated due to an Event of Default by Geoplasma, Geoplasma shall remove the Facility and restore the Site, including the portions of the Baling Building used by Geoplasma, to substantially the same condition the Site was in, normal wear and tear excepted, when possession of the Site was transferred to Geoplasma, unless the County agrees otherwise in writing. 10. Force Maieure. The Parties acknowledge that they can not negotiate an appropriate force majeure provision in this Agreement until they know how force majeure events will be addressed in the Power Purchase Agreement(s). Accordingly, the Parties agree that they will negotiate an appropriate force majeure provision after the Power Purchase Agreement is completed and then the Parties will amend this Agreement accordingly. Geoplasma will provide the County with a copy of the force majeure provisions in the final Power Purchase Agreement. The Parties agree that an appeal by a third party or other legal challenge to any of the Permits required for the operation of the Facility shall constitute a force majeure event with regard to the deadline for the Commencement of Construction. If the Parties cannot agree on an appropriate force majeure provision, either Party may terminate this Agreement by following the procedure described in Section 9.4, above. 11. Tax Abatement. Throughout the Term of this Agreement, the County will cooperate with Geoplasma if Geoplasma seeks tax incentives and tax abatement measures from the State of Florida. The County also shall fully and fairly consider any similar requests by Geoplasma for relief from County taxes 12. Dispute Resolution. (a) The County and Geoplasma agree to cooperate and act in good faith at all times when dealing with each other. If a dispute arises between the Parties, the Parties shall attempt to resolve their differences quickly and informally. If they are unable to do so, they shall seek relief by following the procedures in Section 12(g) below or by initiating a non-binding mediation process pursuant to Section 12(b) below. (b) All claims, disputes and controversies arising out of or related to the performance, interpretation, application or enforcement of this Agreement, including but not limited to claims for payment and claims for breach of this Agreement, shall be referred to non-binding mediation before initiation of any adjudicative action or Page 33 of 43 proceeding, at law or in equity, unless it shall be unreasonable to do so or an emergency situation or necessity dictates otherwise. All applicable statutes of limitations and defenses based on the passage of time shall be tolled while the mediation process is pending. The Parties will take all reasonable measures necessary to effectuate such tolling. (c) Geoplasma and the County agree to participate fully in the mediation process and conscientiously attempt to resolve their dispute. Except as provided below, each Party shall bear its own expenses in connection with the mediation. Both Parties shall pay equally for the services of the mediator. The mediation shall take place in S1. Lucie County, Florida. (d) Notwithstanding the foregoing, if either Party tenninates this Agreement for cause, the tenninating Party shall have the right, in its sole discretion, to proceed directly with litigation of any claims or disputes relating to the tennination for cause and may include other claims and disputes unrelated to the tennination, and shall not be required to submit such claims or disputes to the mediation. ( e) The Parties agree that any claim filed in state or federal court concerning this Agreement shall be heard by a judge, sitting without a jury. (f) In any litigation concerning this Agreement, the prevailing Party shall recover its reasonable costs and reasonable attorney's fees from the non-prevailing Party, including the reasonable fees and reasonable costs incurred in any trial, appeal, and mediation, if any, concerning the issue(s) in dispute. (g) When a dispute between the County and Geoplasma is pending or threatened, Geoplasma shall attempt to resolve the dispute with the Director. If this attempt is unsuccessful, either party may initiate a non-binding mediation process in accordance with the provisions of Section 12(b), above. In addition, at any time during the dispute resolution process, Geoplasma may request the Administrator to consider the disputed issue. Geoplasma's written request shall be delivered to the Administrator and it shall describe Geoplasma's proposed solution for resolving the dispute. The Director and the Administrator may request, and Geoplasma shall timely provide, any additional infonnation that is reasonably necessary to evaluate the disputed issue and Geoplasma's proposal. The Administrator shall fully and fairly consider Geoplasma's proposal in a timely manner. Upon request, the Administrator shall meet with Geoplasma and discuss its proposal. If the Administrator rejects Geoplasma's proposal in whole or in part, Geoplasma shall be allowed to present its proposal to the Board at a duly noticed public meeting; provided, however, Geoplasma must deliver its written proposal to' the Board at least seven (7) days before the public meeting. The Board may accept or reject Geoplamsa's proposal, or take other action that the Board deems appropriate, in the Board's sole discretion. Page 34 of 43 (h) If either Party is dissatisfied after following the procedures in this Section 12, they may initiate litigation subject to the provisions in this Agreement. 12.1 Sovereign Immunitv. Nothing contained in this Agreement shall constitute a waiver of the County's common law sovereign immunity or the limits on liability set forth in Section 768.28, Florida Statutes. 12.2 Operations During Dispute. If a dispute arises between the County, Geoplasma, and/or any other Person concerning a Party's perfonnance, obligations, rights, or compensation under this Agreement, the Parties shall continue to perfonn their respective duties in strict compliance with the requirements of this Agreement, regardless of the pending dispute. 12.3 Waiver of Jury Trial. After consulting with their respective legal counsel, the Parties voluntarily, knowingly, and pennanently waive their rights to a jury trial concerning the interpretation, application, and enforcement of this Agreement. 13. Miscellaneous Provisions. 13.1 Binding Effect. This Agreement shall be binding on and inure to the benefit of the Parties and their respective successors and pennitted assigns. 13.2 Transfer of Agreement. The transfer of this Agreement, whether by assignment, transfer of majority ownership, transfer of a majority of the corporate shares, or any other means to effect a change in the control of Geoplasma, shall be effective only after Geoplasma receives the Board's approval, which shall not be Unreasonably withheld. Any transaction that results in a controlling interest in Geoplasma or substantially all of its assets being purchased by or merged with another Person shall constitute a transfer of this Agreement, which is subject to the Board's approval. An application to transfer this Agreement shall be submitted to the Board jointly by the proposed transferor and transferee. The proposed transferee shall verify in writing that (a) it will comply with all of the requirements in this Agreement and (b) it has the financial resources and technical competence necessary to do so. The Board may request appropriate documentation to verify that the transferee has such capabilities. In the Ground Lease, the Parties shall endeavor to establish objective criteria to be met by the transferee and, if such criteria are met by a transferee, the Board or its designee shall approve the transfer within thirty (30) days after the County receives the infonnation confinning the transferee's capabilities. The criteria which the Board may consider in detennining whether to approve such a transfer shall be limited to whether the proposed transferee reasonably appears to have the financial resources and technical competence necessary to fulfill the obligations under this Agreement and the Ground Lease. The Ground Lease also shall describe the Page 35 of 43 conditions under which this Agreement may be assigned or transferred to a trustee for the purposes of financing Geoplasma's activities under this Agreement. The requirements in this paragraph, and the procedures governing the assignment and transfer of this Agreement, may be revised in the Ground Lease with the mutual consent of both Parties. 13.3 Confidentiality. The County acknowledges that it is important to Geoplasma that its trade secret and confidential information not be disclosed to third parties. Accordingly, the County agrees that, to the extent allowed by Florida law, the County will not disclose any such trade secret or confidential information to any third parties, except the County's consultants and advisors, unless the County has received Geoplasma's prior approval. This obligation of the County only applies to documents that are clearly labeled "Trade Secret" and "Confidential" before the documents are delivered to the County. Notwithstanding anything else contained herein, the County shall have no liability to Geoplasma for the disclosure of any documents that are not properly labeled by Geoplasma or for cases where disclosure is required under the Florida Public Records Act (Chapter 119, Florida Statutes) or other Applicable Laws. 13.4 Notices And Other Communications. All invoices, notices, requests, reports, authorizations, protests, and petitions provided for herein shall be in writing. Such documents shall be addressed to the individuals identified below, except where otherwise provided herein. All such documents shall be either (a) hand delivered, (b) mailed by registered or certified mail (postage prepaid), return receipt requested, or ( c) sent by telecopy. The documents shall be deemed to have been duly delivered when personally delivered, or when transmitted by telecopier and receipt is confinned by telephone, or when delivered by U.S. Mail or courier service, as shown by the return receipt. For the present, Geoplasma and the County designate the following as the appropriåte people and places for delivering notices and other documents: The County: Douglas M. Anderson County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 With a copy to: Daniel McIntyre, Esq. County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 Page 36 of 43 Geoplasma: Hilburn O. Hillestad, Ph.D. President Geoplasma 171 17th Street, Suite 1550 Atlanta, Georgia 30363 With a copy to: Randall D. Quintrell, Esq. Randall D. Quintrell, P.e. 999 Peachtree Street, N.E., 22nd Floor Atlanta, Georgia 30309-3996 (b) Either Party may modify any infonnation specified in this Sectìon 13.4 by giving written notice to the other Party. 13.5 Severability. The provisions contained in this Agreement shall not be construed to require the County or Geoplasma to take any action that is contrary to any Applicable Law. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be detennined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or any Applicable Law, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary to confonn with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining tenns and provisions of this Agreement shall remain unmodified and in full force and effect. This Agreement shall be construed as if such invalid, illegal, void or unenforceable provision had never been contained herein. 13.6 Waiver of Requirements. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof, but such right may be exercised from time to time and as often as deemed expedient. The failure of the County or Geoplasma at any time to require perfonnance by the other Party of any tenn in this Agreement shall in no way affect the right of the County or Geoplasma thereafter to enforce same. Nor shall waiver by the County or Geoplasma of any breach of any tenn of this Agreement be taken or held to be a waiver of any succeeding breach of such tenn or as a waiver of any tenn itself. To be effective, any waiver shall be in writing and signed by the Party granting such waiver. Any such waiver shall be limited to the particular right so waived and shall not be deemed to waive any other right under this Agreement. 13.7 Relationship Between the Parties. Nothing in this Agreement shall create or be deemed to create a partnership or joint venture between the Parties. No Party will or is entitled to act as an agent for any other Party. Page 37 of 43 13.8 No Third party Beneficiaries. This Agreement confers no rights whatsoever upon any Person other than the County and Geoplasma and shall not create, or be interpreted as creating, any standard of care, duty or liability to any Person not a Party hereto. 13.9 Governing Law and Venue. The laws of the State of Florida shall govern the rights, obligations, duties and liabilities of the Parties to this Agreement and shall govern the interpretation of this Agreement. Any and all legal actions necessary to enforce this Agreement shall be held and maintained in the state or federal courts in or for St. Lucie County, Florida. 13.10 Jurisdiction. Subj ect to the provisions of Section 12, the Parties acknowledge and agree that with respect to any action, suit, or other proceeding (a "proceeding"), to enforce, interpret, or apply the provisions of this Agreement, each Party irrevocably submits to the exclusive jurisdiction of the state and federal courts located in Florida, and waives any objection which it may have at any time to the laying of venue of any proceeding brought in any such court, and waives any claim that such proceeding has been brought in an inconvenient forum, and waives the right to object that such court does not have jurisdiction over such Party. 13.11 County Ordinances. Notwithstanding any other prOVISIOn contained in this Agreement, the County shall not cause a Change in Law (e.g., by adopting or modifying an ordinance or rule) and then obtain relief from any requirement of this Agreement (e.g., by Force Majeure, tennination or otherwise) based on that Change in Law. 13.12 General Rules of Construction. The following rules of construction will apply throughout this Agreement and any Project Document: (a) Headings. Any headings used in this Agreement or in any other Related Agreements are for the purpose of convenience only and shall not affect the meaning or interpretation of the Agreement or document in question. (b) Words of Inclusion. The word "including" shall not be construed to be a tenn of limitation. References to "included" matters or items will be regarded as illustrative and will not be interpreted as a limitation on, or an exclusive listing of, the matters or items referred to. (c) Singular and Plural FOTIns; Genders. Whenever the context so requires, the singular includes the plural and the plural includes the singular. The gender of any pronoun includes the other genders. Page 38 of 43 (d) Delivery by the County. Whenever this Agreement refers to the delivery of Solid Waste or other material by the County, or uses similar tenns, the Agreement shall be construed to mean delivery by or on behalf of the County, or delivery caused by or on behalf of the County, regardless of whether such language is expressly stated herein. 13.13 Counterparts. This Agreement may be executed by each Party upon a separate copy, and in several counterparts, each of which will be deemed to be an original. 13.14 Amendments to Agreement. This Agreement constitutes the entire Agreement and understanding between the Parties hereto. This Agreement shall not be considered modified, altered, changed or amended in any respect unless the Agreement is amended in writing and the amendment is signed by Geoplasma and the Board. 13.15 Entire Agreement. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement. The Parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is agreed that no deviation fÌ'om the tenns of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. This Agreement shall supercede all prior agreements between the Parties regarding the matters addressed herein. 13.16 Construction of Agreement. Both Parties acknowledge that they are represented by legal counsel and they have had meaningful input into the tenns and conditions contained in this Agreement. Therefore, any doubtful or ambiguous provisions contained herein shall not be construed against the Party that physically prepared this Agreement. The rule sometimes referred to as "Fortius Contra Proferentum" shall not be applied to the interpretation of this Agreement. 13.17 Survival of Obligations After Tennination. Any tenn, condition, covenant, or obligation in the Facility Documents that requires perfonnance by a Party subsequent to the tennination of this Agreement shall remain enforceable against such Party subsequent to such tennination. 13 .18 Election of Remedies. Except as otherwise provided herein, the remedies specified in this Agreement shall supplement, and not be in lieu of, any other remedies provided at law or in equity. The payment of any damages by Geoplasma shall not constitute a defense for Geoplasma, nor an election of remedies by the County, nor serve as the basis for a claim of estoppel against the County, nor prevent the County fÌ'om tenninating this Agreement. The County's decision to rerrain fÌ'om assessing damages, or suspending or tenninating this Page 39 of 43 Agreement, or seeking any other relief from any failure in Geoplasma's perfonnance, shall not constitute a waiver of the County's right to pursue any other remedy or a waiver of its right to pursue a remedy for any future failure by Geoplasma. No remedy conferred by this Agreement is intended to be exclusive of any other remedy. Each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any Party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 13.19 Pennits and Licenses. Each Party, at its sole cost and expense, shall obtain, maintain, and comply with in all material respects throughout the Tenn of this Agreement, all Pennits, licenses and approvals necessary or required to perfonn its work and provide its services in the manner described herein. With respect to the obligations in this Section 13.19, neither Party shall be deemed to be in default of this Agreement if and for so long as such Party is operating under a consent order, consent agreement, compliance schedule, or other similar enforcement/compliance mechanism with DEP or other applicable agency and is diligently and continuously working to cure any compliance issue with respect to any such Pennit, license or approval. 13.20 Compliance with Applicable Laws. At all times, the Parties shall comply with all Applicable Laws related to or governing their activities under this Agreement. 13.21 Equal Opportunity Employment. Geoplasma agrees that it shall not discriminate against any employee or applicant for employment for work under this Agreement because of handicap, race, color, religion, sex, age, or national origin and shall take affinnative steps to ensure that applicants are employed and employees are treated during employment by Geoplasma without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising; layoff or tennination; rates of payor other fonns of compensation; and selection for training, including apprenticeships. Geoplasma agrees to furnish the County with a copy of its Affinnative Action Policy, upon request. A copy of the policy shall be submitted to the County at least thirty (30) calendar days before the Commencement Date. 13.22 Compliance with Labor Laws. Geoplasma shall comply with all Applicable Laws concerning the protection and ,rights of employees, including, but not limited to, the Occupational Safety and Health Act and all implementing regulations, minimum wage laws, the Americans with Disabilities Act, and the Fair Labor Standards Act. Page 40 of 43 13.23 Legal Status ofthe Parties' Employees. A Person employed by a Party shall have no right or claim to any pension, workers' compensation, unemploynlent compensation, civil service or other employee rights or privileges granted to the officers and employees of the other Party. Each Party shall have the sole responsibility for paying any wages and providing any employment benefits to such Person. 13.24 Fair Dealing. Each Party declares and warrants that it enters into this Agreement without reliance on or engaging in any collusion, bribery or :&aud, that all of the Party's representations in this Agreement are made fairly and in good faith, and that no Board member, County officer, or County employee, directly or indirectly owns more than 1 % of the total assets or capital stock of Geoplasma, nor will any such Person directly or indirectly benefit by more than 1 % from the profits or emoluments of this Agreement, nor has Geoplasma provided any gift to any such Person or their family. Geoplasma warrants that it has not employed or retained any company or Person, other than a bona fide employee working solely for Geoplasma, to solicit or secure this Agreement, and Geoplasma has not paid or agreed to pay any Person, company, corporation, individual or firm, other than a bona fide employee working solely for Geoplasma, any fee, commission, percentage, gift or any other compensation contingent upon or resulting from the award or making of this Agreement. Further, Geoplasma declares and warrants that Geoplasma is not subject to the restrictions in Sections 287.133 and 287.134, Florida Statutes, for a public entity crime. Page 41 of 43 IN WITNESS WHEREOF, the Parties have executed this Agreement, or caused it to be executed by their duly authorized officers or agents, all as of the Effective Date. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Name: Chris Craft Title: Chainnan APPROVED AS TO FORM AND CORRECTNESS: By: Name: Daniel S. McIntyre Title: County Attorney Page 42 of 43 GEOPLASMA- ST. LUCIE, LLC By: Name: Hilburn O. Hillestad Title: President WITNESSES: BY: Signature Print Name and Title _ day of ,2007 BY: Signature Print Name and Title _ day of ,2007 ) ) SS: ) STATE OF FLORIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Hilburn O. Hillestad as President of Geoplasma-St. Lucie, LLC, an organization authorized to do business in the State of Florida, and acknowledged and executed the foregoing Agreement as the proper official of Geoplasma-St. Lucie, LLC, for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. He is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2007. NOTARY PUBLIC My Commission Expires: Page 43 of 43 SCHEDULE 1: DEFINITIONS The following definitions shall apply within the context of the Agreement as well as internally within the context of each definition. To the extent that definitions contained herein conflict with similar definitions in any federal, state or local law, the definitions contained wherein shall prevail when interpreting the Agreement. "Administrator" means the County's chief administrative officer or the Administrator's designee. "Agreement" means the "Agreement for the Development and Operation of the St. Lucie Plasma Gasification Facility", including the Schedules and any properly authorized and executed amendments. "All Best Efforts" shall have the meaning provided in the Ground Lease. "Applicable Law(s)" shall mean any local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, Permit, rule, regulation, directive, policy, standard or similar binding authority, or a judicial or administrative interpretation of any of the same, which are in effect or are enacted, adopted, promulgated, issued or enforced by a Governmental Authority during the Term of this Agreement, and relate in any manner to the performance ofthe County or Geoplasma under this Agreement. "Baling Building" means the parcel of land designated as the Baling Building on Schedule 2, and all of the buildings and improvements located on such land. "Best Efforts", when referring to an obligation of the County pursuant to Section 6.1 of the Agreement, means that the County shall: (i) ensure that all New Solid Waste delivered to the Complex is directed to the Facility, except as otherwise provided herein (e.g., Sections 5.3(i) and 6.7(b)); (ii) reduce the Tipping Fees charged for New Solid Waste and thereby attempt to attract more New Solid Waste, unless the Board concludes that it is not financially prudent to do so, based on the Board's analysis of the revenues and expenses associated with the operation of the County's solid waste management system; and (iii) excavate Landfill Solid Waste and deliver such material to Geoplasma, to the extent necessary to make up any difference 1-1 between the amount of New Solid Waste delivered to the Facility and the Weekly Minimum Delivery Tonnage, unless the Board concludes that it would not be financially prudent to excavate Landfill Solid Waste. With regard to the County's obligation to deliver Solid Waste pursuant to the other provisions in the Agreement, Best Efforts means the County shall make a concerted, good faith effort to comply by using commercially reasonable and available means. In all cases, however, Best Efforts shall not be construed in a manner that would require the County to take actions that are not commercially reasonable or prudent or cost effective. The concepts embodied in this definition of Best Efforts will be addressed further in the Ground Lease. "Billing Month" means each calendar month in each Billing Year, except that (a) the first Billing Month shall begin at 12:01 A.M. on the Commencement Date and end at midnight on the last day of the month in which the Commencement Date occurs and (b) the last Billing Month shall end when this Agreement expires or is terminated. "Billing Year" means the County's fiscal year, which begins on October 1 and continues through September 30 of the following year, except that (a) the first Billing Year shall commence at 12:01 A.M. on the Commencement Date and end at midnight on the last day of the County's fiscal year in which the Commencement Date occurred and (b) the last Billing Year shall end when this Agreement expires or is terminated. "Biomedical Waste" shall have the meaning provided in Section 403.703(37), F.S. "Biosolids" means domestic wastewater residuals, as defined in Rule 62-640.200(31), F.A.C. "Board" shall mean the Board of County Commissioners of St. Lucie County, Florida, or the Board's designee. "BTU" means British Thermal Unit. "Business Day" means each Monday, Tuesday, Wednesday, Thursday and Friday that is not a Holiday. "By-Products" means any product of, or material resulting from, the operations of the Facility that has value and can be put to a beneficial use. "C&D Disposal Area" means the area at the Complex that is used for the disposal of C&D Debris. "Changed Conditions Notice" shall have the meaning set forth in Section 9.3 of the Agreement. 1-2 "Change in Law" means either (a) the enactment, adoption, promulgation, modification or repeal, after the Effective Date, of any Applicable Law, or any change in interpretation thereof by any Governmental Authority or (b) the imposition, after the Effective Date, of any material conditions on the issuance, modification or renewal of any Permit that, in the case of either (a) or (b), (1) affects Geoplasma's performance under this Agreement, (2) increases Geoplasma's costs to perform under this Agreement, (3) affects the County's performance of its obligations hereunder, or (4) increases the County's costs to perform its obligations hereunder, by establishing, in the case of (1), (2), (3) or (4), requirements that are more burdensome than the most stringent requirements: (i) in effect on the Effective Date; or (ii) agreed to by the County and Geoplasma in any applications for Permits, other than any requirements set forth in said applications to comply with Applicable Laws. For purposes of part (a) ofthis definition, no enactment, adoption, promulgation or modification of any Applicable Law shall be considered a Change in Law if, as of the Effective Date, such Applicable Law was (i) officially proposed by a Governmental Authority and published in final form in the Federal Register or equivalent federal, state or local publication and thereafter became effective without further action or (ii) enacted into law or promulgated by the appropriate Governmental Authority before the Effective Date, and the comment period with respect to which expired on or before the Effective Date and any required hearings concluded on or before the Effective Date in accordance with applicable administrative procedures and which thereafter became effective without further action. The enactment into law of any discriminatory federal, state or local tax, user fee or assessment after the Effective Date having application to Geoplasma as the operator of the Facility shall be considered a Change in Law. In no event, however, shall any other change in federal, state, local or other tax law be considered a Change in Law. "Class I Landfill" shall mean the area at the Complex that is used for the disposal of Class I Waste. "Class I Waste" shall have the same meaning as provided in Rule 62-701.200(13), F.A.C. Class I Waste shall include New Class I Waste and Landfill Class I Waste. "Commencement Date" means the date when the Facility officially commences commercial operations, as determined in accordance with Section 5.1(h) of the Agreement. "Commencement of Construction" means the date when Geoplasma begins the construction of the Facility in a continuous manner and on a full-time basis. The Commencement of Construction will not occur until after Geoplasma obtains all of the financing 1-3 necessary to pay for the construction of the Facility and Issues a notice to proceed to Geoplasma's general contractor. "Commercially Reasonable Efforts" shall have the meaning provided in the Ground Lease. "Completion of Construction" means that the construction of the Facility is substantially complete, as certified by the independent engineering firm that will be overseeing the design, procurement, and construction ofthe Facility. "Complex" means the County's land and the Solid Waste management facilities located at 6120 Glades Cut-Off Road, in St. Lucie County, Florida, including, but not limited to the Class I Landfill, the C&D Disposal Area, and the Baling Building. "Construction and Demolition Debris" and "C&D Debris" have the meaning provided in Rule 62-701.200(27), F .A. C. Construction and Demolition Debris shall include New C&D Debris and Landfill C&D Debris. "Consumer Price Index" and "CPI" shall mean the "Consumer Price Index - All Urban Consumers" (Series ID CUURA320SAO and CUUSA320SAO) for Miami-Fort Lauderdale, as published by the U.S. Department of Labor, Bureau of Labor Statistics, or a successor agency. "County" shall mean, depending on the context, either (a) the geographical area contained within St. Lucie County, Florida or (b) the government of St. Lucie County, acting through the Board or the County's employees and agents. "Default Notice" shall have the meaning provided in Section 9.5 of this Agreement. "DEP" means the Florida Department of Environmental Protection or any successor agency. "Director" means the director of the County's Solid Waste management operations or the Director's designee. "Early Condition Notice" shall have the meamng provided In Section 9.2 of the Agreement. "Effective Date" shall mean the date when this Agreement is signed and duly executed by the Board, which shall occur after the Agreement is signed and duly executed by Geoplasma. "Event of Default" shall have the meaning provided in Section 9.5 of the Agreement. "F.A.C." means the Florida Administrative Code. 1-4 "Facility" means all the land, buildings, structures, improvements, easements, rights-of- way, equipment, appurtenances, and other assets on or about the Site that are employed by Geoplasma in handling, storing, sorting, recycling, and gasifying Solid Waste and other materials, and generating electricity. "Facility Documents" shall mean the Agreement and the Related Agreements, collectively. "Geoplasma" shall mean Geoplasma-St. Lucie, LLC, acting through its officers, employees, and agents. "Governmental Authority" means any local, regional, state, federal or other governmental agency or entity that has jurisdiction over any aspect of the Facility or the Parties' activities under the Agreement. "Ground Lease" means the lease agreement that will be prepared by the Parties pursuant to Section 2.1 of the Development Agreement. "Hazardous Waste" means any material or substance which by reason of its composition or characteristics is (a) a hazardous waste as defined in the Solid Waste Disposal Act, 42 USC §6901 et seq., as amended, replaced or superseded, and the regulations implementing same, or (b) a material regulated under the Toxic Substances Control Act, 15 USC §2601, et seq., as amended, replaced or superseded, and the regulations implementing same, or (c) special nuclear or products material within the meaning of the Atomic Energy Act of 1954, or (d) treated as a hazardous waste or hazardous substance under the Florida Administrative Code, Florida Statues, or any other Applicable Law. If any Governmental Authority determines that a substance is hazardous or harmful to human health when Processed at the Facility, then such substance shall be Hazardous Waste for the purposes of this Agreement. "Holiday" means Independence Day, Thanksgiving Day, Christmas Day, and any other day designated as a holiday by the Board. "Insolvency Event" shall have the meaning provided in Section 9.5(b) of the Agreement. "Landfill C&D Debris" means C&D Debris that was placed in and subsequently removed ITom the C&D Disposal Area for Processing at the Facility. Landfill C&D Debris includes soil, cover material, and other materials excavated from the C&D Disposal Area. "Landfill Class I Waste", means Class I Waste that was placed in and subsequently removed from the Class I Landfill for Processing at the Facility. Landfill Class I Waste includes soil, cover material, and other materials excavated ITom the Class I Landfill. "Landfills" means the Class I Landfill and the C&D Disposal Area, collectively. 1-5 "Landfill Solid Waste" means Solid Waste that was delivered to the County at the Complex, placed in the Class I Landfill or the C&D Disposal Area, and subsequently excavated and delivered to Geoplasma for Processing at the Facility. "Landfill Yard Trash" means Yard Trash that was placed in and subsequently removed ttom the Landfills for Processing at the Facility. "Local Government Prompt Payment Act" means the Local Government Prompt Payment Act contained in Section 218.70 et seq., Florida Statutes. If the Local Government Prompt Payment Act is repealed, in whole or in part, such repealed portions shall continue to apply to this Agreement, unless such portions violate Applicable Law. "Manager" means the senior employee of Geoplasma that is responsible for supervising and managing Geoplasma's activities under the Agreement. "Minimum Annual Perfonnance Tonnage" means the minimum amount of Solid Waste (measured in Tons) that Geoplasma must Process at the Facility in one Billing Year. The Minimum Annual Perfonnance Tonnage shall be one hundred eighty-two thousand five hundred (182,500) Tons. "Minor Source" means the Facility is not a "major stationary source" as defined in Rule 62-210.200(193), F.A.C. "Monthly Report" means the report prepared by Geoplasma pursuant to Section 6.14 of the Agreement. "Municipal Solid Waste" shall have the meaning provided in Section 403.706(5), Florida Statutes. "N ew C&D Debris" means C&D Debris that was not placed in either one of the Landfills before being delivered to the Facility. "N ew Class I Waste" means Class I Waste that was not placed in either one of the Landfills before being delivered to the Facility. "N ew Solid Waste" means Solid Waste that was not placed in either one of the Landfills before being delivered to the Facility. "N ew Yard Trash" means Yard Trash that was not placed in either one of the Landfills before being delivered to the Facility. "~" or "Parties" means the County, Geoplasma, or both, as the context may require. 1-6 "Performance Criteria" means the criteria set forth in the Ground Lease that will be used by the Parties to determine whether the Facility is Processing Solid Waste and otherwise operating in compliance with the terms of the Facility Documents. "Permits" means any and all permits, licenses, approvals or other authorizations required by a Governmental Authority for the activities contemplated under the Agreement. "Person" shall mean any and all persons, natural or artificial, including any individual, firm, partnership, joint venture, or other association, however organized; any municipal or private corporation organized or existing under the laws of the State of Florida or any other state; any county or municipality; and any governmental agency of any state or the federal government. "Planned Outages" means periods of scheduled maintenance or other activities identified in advance by Geoplasma and regarding which Geoplasma has given the County reasonable advance notice, when Geoplasma will reduce the rate at which the Facility is Processing Solid Waste. "Pollution" shall have the meaning provided in Section 403.031(7), F.S. "Power Purchase Agreement" means a written contract between Geoplasma and another Person for the sale and purchase of the electricity generated by the Facility, as described in Section 2.3. ofthe Agreement. "Process", "Processed", and "Processing" means to subject Solid Waste or other material to the plasma gasification process at the Facility and thereby convert the material to gas, Slag, and By-Products. "Processing Fee" means the fee that the County will pay to Geoplasma for Processing the County's Solid Waste. "Prohibited Waste" means Solid Waste that shall not be Processed at the Facility because it is: (a) Hazardous Waste; (b) prohibited by Permit or other Applicable Law; (c) Biomedical Waste; or (d) deemed to be an operational, health or safety hazard, as determined by Geoplasma in consultation with the County. "Receiving Time at the Complex" means the period when the Complex is open and available for the receipt and delivery of Solid Waste, as set forth in Section 5.2(±) of the Agreement. "Receiving Time at the Facility" means the period when the Facility is open and available for the receipt and delivery of Solid Waste, as set forth in Section 5.30) ofthe Agreement. "Recvclable Materials" shall have the meaning provided in Rule 62-701.200(104), F.A.C. 1-7 "Related Agreements" shall have the meaning provided in Section 2 of the Agreement. "Renewable Energy Credit" and "REC" mean all credits for renewable energy generated at the Facility that qualify for application toward compliance with any renewable energy portfolio standard, green pricing program, or other renewable mandate or objective. "Request for Qualifications" means the request for qualifications (RFQ No. 06-065) issued by the County on April 30, 2006. "Reusable Material" shall mean ferrous and nonferrous metals and metal products, concrete and concrete products, ceramic and clay tiles, and White Goods that Geoplasma removes from the Solid Waste delivered to the Facility by or on behalf of the County. "Scale Fee" means the fee that Geoplasma shall pay the County for weighing loads of material on the County's scales. "Schedule" means a schedule attached to the Agreement, unless the context or usage of such term clearly indicates a reference to another'document. . "Shortfall Damages" means the damages that will be paid by the County to Geoplasma in accordance with Section 7.3 of the Agreement if the County fails to use Best Efforts to deliver the Weekly Minimum Delivery Tonnage to the Facility. "Site" means the property and improvements at the Complex that will be leased and used by Geoplasma pursuant to the Agreement. The Site is generally depicted in Schedule 2 of the Agreement. The Site includes the Baling Building. "Slag" means a By-Product ofthe plasma gasification process, consisting of a hard, inert, vitreous-like material that may be suitable for use as construction material or as a supplement to construction materials. "Solid Waste" has the meaning provided in Rule 62-701.200(113), F.A.C. Solid Waste includes, but is not limited to, New Solid Waste, Landfill Solid Waste, New C&D Debris, Landfill C&D Debris, New Yard Trash, Landfill Yard Trash, and Waste Tires. "Startup and Shakedown Period" means the time period after the Completion of Construction during which the Facility will operate intermittently while Geoplasma's engineers test and adjust the Facility's operating systems and equipment in order to ensure that the Facility will Process at least one thousand (1,000) TPD of Solid Waste on a continuous basis. "Statement of Qualifications" means the documents submitted by Geoplasma on May 30, 2006 in response to the County's Request for Qualifications. 1-8 "Term" means the period of time when this Agreement is in effect. "Tipping Fee" means the fee that is charged by the County for the disposal of Solid Waste at the Complex. "Ton" means 2000 pounds. "TPD" means Tons per day. "TPY" means Tons per year. "Tropicana Landfill Gas Agreement" means the Amended Landfill Gas Agreement between Tropicana Manufacturing Company and S1. Lucie County dated May 2, 2006. "Unplanned Outages" means periods, not identified in advance by Geoplasma and regarding which Geoplasma has not given the County reasonable advance notice, when Geoplasma must reduce the rate at which the Facility is Processing Solid Waste because of an unexpected need for maintenance, repair or other reasons. "Waste Tire" has the meaning provided in Rule 62-701.200(134), F.A.C. "Weekly Minimum Delivery Tonnage" means the minimum amount of Solid Waste (measured in Tons) that the County shall use Best Efforts to deliver (or cause to be delivered) to the Facility each week. "White Goods" shall have the meaning provided in Rule 62-701.200(141), F.A.C. "Yard Trash" has the meaning provided in Rule 62-701.200(143), F.A.C. Yard Trash includes New Yard Trash and Landfill Yard Trash. 1-9 SCHEDULE 2 SITE DESCRIPTION 2-1 SC EDULE 3 DIAGRAM OF THE FACILITY 1 (þ 111- (J ~ ..J III 'IIþiI 11- .... 111- ~ ~ C:LL CD ~ ã o 11- Q.'IIþiI cu E (J o :i o ëñ '- cu o II=, \" cu E III III U) cu .... ~ t:I .! U) E m S U) z ct9" :E!ë~ :!Sf ) (J C -....J LI... - a...-::) ~m " LU" ==~~ U)a::C :EO::! 1-::) U)m I!! o tn tn e Q. E o o ~ o -I- a:::) t;o w ...J W &%1-" LlJZ~ ==:!SC o A ::! a.........::) m ~ I r<') .... c:: c:: I'\' 0 .... .- U) Ut) ~ ::::J ( ) (1) ".- ...., ( ) c:: U .- 0::- - .- .- > u (1) CO C LL - e 0 ..... 0 ...., .- e ...., CO 0 U (..) .- (I) "I- m O! .- $.. e U) tI) 0 CO .- C) ...., :s CO - - E 0 0... U) ..... CO - .- 0... <C . " (1) .- u :s -I . ...., en ..... 0 "I- €'IS .8- "'C S "'C U:WCI) .- 0 €'IS CI) sen;¡:LL :¡ en ..... en U » E .- c:: tij Q)"O>,O..... .....Q)tijDI'\' ~ 2:..... æ ü CI) .- ro ü c:: ::! Ü 0 ê:' WO" Q) :¡::¡ Q) )0 ro )o'-:¡::¡ "0 00 U C':::; Q-Q)O.... Q)e:!õ):¡::¡0 OCQ)CI)QQ) _ c:: ::! "0 ro Q).c "0 .- Q)(9:!::::Q)ð :r::: :š:O:::c o :::2: <D _ § .S ê:':¡::¡ €O~ ::! D I- E c 0 .2 "0 Ü 1;) <D " ::! 0.0 D ,90 Z E ::! I o 0" ~ üW,.g !II I'\' g¡ C >- U) r<ì I r<ì c:: o ""tš ( ) ( ) ( ) Gi.1i .¡: ,,>- ~..:;:¡ c o U 0 D..<CJ:.:I ... I'\' o "i C) "'" ""'€'IS:S 0....0 ¡-en SCHEDULE 4 Air Emission Limits and Monitorin2: Requirements for the Geoplasma Facilitv March 6, 2007 The following regulatory monitoring and reporting conditions are abstracted from the regulations in 40 CFR 60 Subpart Eb, Subpart KKKK, and PSD-FL-369 (i.e., a PSD pennit recently issued by DEP that establishes conditions concerning the use of CEMs for mercury emissions from the Hillsborough County Resource Recovery Facility). The language and abbreviations contained herein (a) are to be interpreted the same as they are in those documents and (b) shall be amended in this Agreement when and if they are amended by the regulatory agencies. 40 CFR 60 Subpart Eb - Standards of Performance for Large Municipal Waste Combustors (1) § 60.58b Compliance and performance testing. (a) The provisions for startup, shutdown, and malfunction are provided in paragraphs (a)(1) and (a)(2) of this section. (1) Except as provided by §60.56b, the standards under this subpart apply at all times except during periods of startup, shutdown, and malfunction. Duration of startup, shutdown, or malfunction periods are limited to 3 hours per occurrence, except as provided in paragraph (a)(l)(iii) of this section. During periods of startup, shutdown, or malfunction, monitoring data shall be dismissed or excluded from compliance calculations, but shall be recorded and reported in accordance with the provisions of 40 CFR 60.59b(d)(7). (i) The startup period commences when the affected facility begins the continuous burning of municipal solid waste and does not include any warm-up period when the affected facility is combusting fossil fuel or other nonmunicipal solid waste fuel, and no municipal solid waste is being fed to the combustor. (ii) Continuous burning is the continuous, semi continuous, or batch feeding of municipal solid waste for purposes of waste disposal, energy production, or providing heat to the combustion system in preparation for waste disposal or energy production. The use of municipal solid waste solely to provide thennal protection of the grate or hearth during the startup period when municipal solid waste is not being fed to the grate is not considered to be continuous burning. (iii) For the purpose of compliance with the carbon monoxide emISSIOn limits in §60.53b(a), if a loss of boiler water level control (e.g., boiler waterwall tube failure) or a loss of combustion air control (e.g., loss of combustion air fan, induced draft fan, combustion grate bar failure) is detennined to be a malfunction, the duration of the 4-1 malfunction period is limited to 15 hours per occurrence. During such periods of malfunction, monitoring data shall be dismissed or excluded from compliance calculations, but shall be recorded and reported in accordance with the provisions of §60.59b( d)(7). (2) Duration of malfunction periods is limited to 3 hours per occurrence. (b) The owner or operator of an affected facility shall install, calibrate, maintain, and operate a continuous emission monitoring system for measuring the oxygen or carbon 'dioxide content of the flue gas at each location where carbon monoxide, sulfur dioxide, nitrogen oxides emissions, or particulate matter (if the owner or operator elects to continuously monitor emissions under paragraph (n) of this section) are monitored and record the output of the system and shall comply with the test procedures and test methods specified in paragraphs (b)(I) through (b)(8) of this section. (1) The span value of the oxygen (or 20 percent carbon dioxide) monitor shall be 25 percent oxygen (or 20 percent carbon dioxide). (2) The monitor shall be installed, evaluated, and operated in accordance with §60.13 of subpart A of this part. (3) The initial perfonnance evaluation shall be completed no later than 180 days after the date of initial startup of the affected facility, as specified under §60.8 of subpart A of this part. (4) The monitor shall confonn to Perfonnance Specification 3 in appendix B of this part except for section 2.3 (relative accuracy requirement). (5) The quality assurance procedures of appendix F of this part except for section 5.1.1 (relative accuracy test audit) shall apply to the monitor. (6) If carbon dioxide is selected for use in diluent corrections, the relationship between oxygen and carbon dioxide levels shall be established during the initial perfonnance test according to the procedures and methods specified in paragraphs (b) ( 6)(i) through (b)(6)(iv) of this section. This relationship may be reestablished during perfonnance compliance tests. (i) The fuel factor equation in Method 3B shall be used to detennine the relationship between oxygen and carbon dioxide at a sampling location. Method 3, 3A, or 3B, or as an alternative ASME PTC-19-1O-1981-Part 10, as applicable, shall be used to detennine the oxygen concentration at the same location as the carbon dioxide monitor. (ii) Samples shall be taken for at least 30 minutes in each hour. (iii) Each sample shall represent a I-hour average. 4-2 (iv) A minimum of three runs shall be perfonned. (7) The relationship between carbon dioxide and oxygen concentrations that is established in accordance with paragraph (b )(6) of this section shall be submitted to St. Lucie County ERD as part of the initial perfonnance test report and, if applicable, as part of the annual test report if the relationship is reestablished during the annual perfonnance test. (8) During a loss of boiler water level control or loss of combustion air control malfunction period as specified in paragraph (a)(l)(iii) of this section, a diluent cap of 14 percent for oxygen or 5 percent for carbon dioxide may be used in the emissions calculations for sulfur dioxide and nitrogen oxides. ( c) Except as provided in paragraph (c)(1 0) of this section, the procedures and test methods specified in paragraphs (c)(l) through (c)(11) of this section shall be used to detennine compliance with the emission limits for particulate matter and opacity under §60.52b(a)(1) and (a)(2). (1) The EP A Reference Method 1 shall be used to select sampling site and number of traverse points. (2) The EPA Reference Method 3, 3A or 3B, or as an alternative ASME PTC-19-10- 1981-Part 10, as applicable, shall be used for gas analysis. (3) EP A Reference Method 5 shall be used for detennining compliance with the particulate matter emission limit. The minimum sample volume shall be 1.7 cubic meters. The probe and filter holder heating systems in the sample train shall be set to provide a gas temperature no greater than 160°C. An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 5 run. (4) The owner or operator of an affected facility may request that compliance with the particulate matter emission limit be detennined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in paragraph (b)(6) of this section. (5) As specified under §60.8 of subpart A of this part, all perfonnance tests shall consist of three test runs. The average of the particulate matter emission concentrations from the three test runs is used to detennine compliance. (6) In accordance with paragraphs (c)(7) and (c)(ll) of this section, EPA Reference Method 9 shall be used for detennining compliance with the opacity limit except as provided under §60.11(e) of subpart A of this part. 4..3 (7) The owner or operator of an affected facility shall conduct an initial performance test for particulate matter emissions and opacity as required under §60.8 of subpart A of this part. (8) The owner or operator of an affected facility shall install, calibrate, maintain, and operate a continuous opacity monitoring system for measuring opacity and shall follow the methods and procedures specified in paragraphs (c)(8)(i) through (c)(8)(iv) of this section. (i) The output of the continuous opacity monitoring system shall be recorded on a 6- minute average basis. (ii) The continuous opacity monitoring system shall be installed, evaluated, and operated in accordance with §60.13 of subpart A of this part. (iii) The continuous opacity monitoring system shall conform to Performance Specification 1 in appendix B of this part. (iv) The initial performance evaluation shall be completed no later than 180 days after the date of the initial startup of the municipal waste combustor unit, as specified under §60.8 of subpart A of this part. (9) Following the date that the initial performance test for particulate matter is completed or is required to be completed under §60.8 of subpart A of this part for an affected facility, the owner or operator shall conduct a performance test for particulate matter on a calendar year basis (no less than 9 calendar months and no more than 15 calendar months following the previous performance test; and must complete five performance tests in each 5-year calendar period). (10) In place of particulate matter testing with EP A Reference Method 5, an owner or operator may elect to install, calibrate, maintain, and operate a continuous emission monitoring system for monitoring particulate matter emissions discharged to the atmosphere and record the output of the system. The owner or operator of an affected facility who elects to continuously monitor particulate matter emissions instead of conducting performance testing using EP A Method 5 shall install, calibrate, maintain, and operate a continuous emission monitoring system and shall comply with the requirements specified in paragraphs (c)(lO)(i) through (c)(10)(xiv) of this section. The owner or operator who elects to continuously monitor particulate matter emissions instead of conducting performance testing using EP A Method 5 is not required to complete performance testing for particulate matter as specified in paragraph (c )(9) of this section and is not required to continuously monitor opacity as specified in paragraph (c)(8) of this section. (i) Notify the St. Lucie County ERD one month before starting use of the system. (ii) Notify the St. Lucie County ERD one month before stopping use of the system. 4-4 (iii) The monitor shall be installed, evaluated, and operated in accordance with §60.13 of subpart A of this part. (iv) The initial performance evaluation shall be completed no later than 180 days after the date of initial startup of the affected facility, as specified under §60.8 of subpart A of this part or within 180 days of notification to the 81. Lucie County ERD of use of the continuous monitoring system if the owner or operator was previously determining compliance by Method 5 performance tests, whichever is later. (v) The owner or operator of an affected facility may request that compliance with the particulate matter emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in paragraph (b)(6) of this section. (vi) The owner or operator of an affected facility shall conduct an initial performance test for particulate matter emissions as required under §60.8 of subpart A of this part. Compliance with the particulate matter emission limit shall be determined by using the continuous emission monitoring system specified in paragraph (c)( 10) of this section to measure particulate matter and calculating a 24..,hour block arithmetic average emission concentration using EPA Reference Method 19, section 12.4.1. (vii) Compliance with the particulate matter emission limit shall be determined based on the 24-hour daily (block) average of the hourly arithmetic average emission concentrations using continuous emission monitoring system outlet data. (viii) After April 28, 2008, at a minimum, valid continuous monitoring system hourly averages shall be obtained as specified in paragraphs (c)(10)(viii)(A) and (c)(10)(viii)(B) for at least 90 percent of the operating hours per calendar quarter and 95 percent of the operating hours per calendar year that the affected facility is combusting municipal solid waste. (A) At least two data points per hour shall be used to calculate each I-hour arithmetic average. (B) Each particulate matter I-hour arithmetic average shall be corrected to 7 percent oxygen on an hourly basis using the I-hour arithmetic average of the oxygen (or carbon dioxide) continuous emission monitoring system data. (ix) The I-hour arithmetic averages required under paragraph (c) (1 0) (vii) of this section shall be expressed in milligrams per dry standard cubic meter corrected to 7 percent oxygen (dry basis) and shall be used to calculate the 24-hour daily arithmetic average emission concentrations. The I-hour arithmetic averages shall be calculated using the data points required under §60.13( e )(2) of subpart A of this part. 4-5 (x) All valid continuous emission monitoring system data shall be used in calculating average emission concentrations even if the minimum continuous emission monitoring system data requirements of paragraph (c)(10)(viii) of this section are not met. (xi) The continuous emission monitoring system shall be operated according to Performance Specification 11 in appendix B ofthis part. (xii) During each relative accuracy test run of the continuous emission monitoring system required by Performance Specification 11 in appendix B of this part, particulate matter and oxygen (or carbon dioxide) data shall be collected concurrently (or within a 30- to 60-minute period) by both the continuous emission monitors and the test methods specified in paragraphs (c)(10)(xii)(A) and (c)(10)(xii)(B) ofthis section. (A) For particulate matter, EP A Reference Method 5 shall be used. (B) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 3B, as applicable shall be used. (xiii) Quarterly accuracy determinations and daily calibration drift tests shall be performed in accordance with procedure 2 in appendix F of this part. (xiv) When particulate matter emissions data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments, emissions data shall be obtained by using other monitoring systems as approved by the Administrator or EPA Reference Method 19 to provide, as necessary, valid emissions data for a minimum of 90 percent of the hours per calendar quarter and 95 percent of the hours per calendar year that the affected facility is operated and combusting municipal solid waste. (11) Following the date that the initial performance test for opacity is completed or is required to be completed under §60.8 of subpart A of this part for an affected facility, the owner or operator shall conduct a performance test for opacity on an annual basis (no less than 9 calendar months and no more than 15 calendar months following the previous performance test; and must complete five performance tests in each 5,.year calendar period) using the test method specified in paragraph (c)(6) of this section. (d) The procedures and test methods specified in paragraphs (d)(I) and (d)(2) of this section shall be used to determine compliance with the emission limits for cadmium, lead, and mercury under §60.52b(a). (1) The procedures and test methods specified in paragraphs (d)(1)(i) through (d)(1)(ix) of this section shall be used to determine compliance with the emission limits for cadmium and lead under §60.52b(a) (3) and (4). (i) The EP A Reference Method 1 shall be used for determining the location and number of sampling points. 4-6 (ii) The EPA Reference Method 3, 3A, or 3B, or as an alternative ASME PTC-19-10- 1981-Part 10, as applicable, shall be used for flue gas analysis. (iii) The EP A Reference Method 29 shall be used for detennining compliance with the cadmium and lead emission limits. (iv) An oxygen or carbon dioxide measurement shall be obtained simultaneously with each Method 29 test run for cadmium and lead required under paragraph (d)(I)(iii) of this section. (v) The owner or operator of an affected facility may request that compliance with the cadmium or lead emission limit be detennined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in paragraph (b)( 6) of this section. (vi) All perfonnance tests shall consist of a minimum of three test runs conducted under representative full load operating conditions. The average of the cadmium or lead emission concentrations from three test runs or more shall be used to detennine compliance. (vii) Following the date of the initial perfonnance test or the date on which the initial perfonnance test is required to be completed under §60.8 of subpart A of this part, the owner or operator of an affected facility shall conduct a perfonnance test for compliance with the emission limits for cadmium and lead on a calendar year basis (no less than 9 calendar months and no more than 15 calendar months following the previous perfonnance test; and must complete five perfonnance tests in each 5-year calendar period). (2) The procedures and test methods specified in paragraphs (d)(2)(i) through (d)(2)(xi) of this section shall be used to determine compliance with the mercury emission limit under §60.52b(a)(5). (i) The EP A Reference Method 1 shall be used for detennining the location and number of sampling points. (ii) The EP A Reference Method 3, 3A, or 3B, or as an alternative ASME PTC-19-10- 1981-Part 10, as applicable, shall be used for flue gas analysis. (iii) The EP A Reference Method 29 or as an alternative ASTM D6784-02 shall be used to detennine the mercury emission concentration. The minimum sample volume when using Method 29 as an alternative ASTM D6784-02 for mercury shall be 1.7 cubic meters. 4-7 (iv) An oxygen (or carbon dioxide) measurement shall be obtained simultaneously with each Method 29 or as an alternative ASTM D6784-02 test run for mercury required under paragraph (d)(2)(iii) of this section. (v) The percent reduction in the potential mercury emissions (%PHg) is computed using equation 1: (%P~)= (E;~E}IOO (1) Where: %PHg = percent reduction of the potential mercury emissions achieved. E¡ = potential mercury emission concentration measured at the control device inlet, corrected to 7 percent oxygen (dry basis). Eo = controlled mercury emission concentration measured at the mercury control device outlet, corrected to 7 percent oxygen (dry basis). (vi) All performance tests shall consist of a minimum of three test runs conducted under representative full load operating conditions. The average of the mercury emission concentrations or percent reductions from three test runs or more is used to determine compliance. (vii) The owner or operator of an affected facility may request that compliance with the mercury emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in paragraph (b) ( 6) of this section. (viii) The owner or operator of an affected facility shall conduct an initial performance test for mercury emissions as required under §60.8 of subpart A of this part. (ix) Following the date that the initial performance test for mercury is completed or is required to be completed under §60.8 of subpart A of this part, the owner or operator of an affected facility shall conduct a performance test for mercury emissions on a calendar year basis (no less than 9 calendar months and no more than 15 calendar months from the previous performance test; and must complete five performance tests in each 5-year calendar period). (x) The owner or operator of an affected facility where activated carbon injection is used to comply with the mercury emission limit shall follow the procedures specified in paragraph (m) of this section for measuring and calculating carbon usage. (3) In place of cadmium and lead testing with EP A Reference Method 29 as an alternative ASTM D6784-02, an owner or operator may elect to install, calibrate, 4-8 maintain, and operate a continuous emission monitoring system for monitoring cadmium and lead emissions discharged to the atmosphere and record the output of the system according to the provisions of paragraphs (n) and (0) of this section. (4) In place of mercury testing with EPA Reference Method 29 or as an alternative ASTM D6784-02, an owner or operator may elect to install, calibrate, maintain, and operate a continuous emission monitoring system or a continuous automated sampling system for monitoring mercury emissions discharged to the atmosphere and record the output of the system according to the provisions of paragraphs (n) and (0) of this section, or paragraphs (P) and (q) of this section, as 'appropriate. The owner or operator who elects to continuously monitor mercury in place of mercury testing with EP A Reference Method 29 or as an alternative ASTM D6784-02 is not required to complete performance testing for mercury as specified in paragraph (d)(2)(ix) of this section. (e) The procedures and test methods specified in paragraphs (e)(1) through (e)(14) ofthis section shall be used for determining compliance with the sulfur dioxide emission limit under §60.52b(b)(1). (1) The EPA Reference Method 19, section 4.3; shall be used to calculate the daily geometric average sulfur dioxide emission concentration. (2) The EP A Reference Method 19, section 5.4, shall be used to determine the daily geometric average percent reduction in the potential sulfur dioxide emission concentration. (3) The owner or operator of an affected facility may request that compliance with the sulfur dioxide emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in paragraph (b)( 6) of this section. (4) The owner or operator of an affected facility shall conduct an initial performance test for sulfur dioxide emissions as required under §60.8 of subpart A of this part. Compliance with the sulfur dioxide emission limit (concentration or percent reduction) shall be determined by using the continuous emission monitoring system specified in paragraph (e)(5) of this section to measure sulfur dioxide and calculating a 24-hour daily geometric average emission concentration or a 24-hour daily geometric average percent reduction using EPA Reference Method 19, sections 4.3 and 5.4, as applicable. (5) The owner or operator of an affected facility shall install, calibrate, maintain, and operate a continuous emission monitoring system for measuring sulfur dioxide emissions discharged to the atmosphere and record the output of the system. (6) Following the date that the initial performance test for sulfur dioxide is completed or is required to be completed under §60.8 of subpart A of this part, compliance with the sulfur dioxide emission limit shall be determined based on the 24-hour daily geometric 4-9 average of the hourly arithmetic average emISSIOn concentrations using continuous emission monitoring system outlet data if compliance is based on an emission concentration, or continuous emission monitoring system inlet and outlet data if compliance is based on a percent reduction. (7) At a minimum, valid continuous monitoring system hourly averages shall be obtained as specified in paragraphs (e )(7)(i) and (e )(7)(ii) for 90 percent of the operating hours per calendar quarter and 95 percent of the operating days per calendar year that the affected facility is combusting municipal solid waste. (i) At least two data points per hour shall be used to calculate each I-hour arithmetic average. (ii) Each sulfur dioxide I-hour arithmetic average shall be corrected to 7 percent oxygen on an hourly basis using the I-hour arithmetic average of the oxygen (or carbon dioxide) continuous emission monitoring system data. (8) The I-hour arithmetic averages required under paragraph (e)(6) of this section shall be expressed in parts per million corrected to 7 percent oxygen (dry basis) and used to calculate the 24-hour daily geometric average emission concentrations and daily geometric average emission percent reductions. The I-hour arithmetic averages shall be calculated using the data points required under §60.13(e)(2) of subpart A of this part. (9) All valid continuous emission monitoring system data shall be used in calculating average emission concentrations and percent reductions even if the minimum continuous emission monitoring system data requirements of paragraph (e)(7) ofthis section are not met. (10) The procedures under §60.13 of subpart A of this part shall be followed for installation, evaluation, and operation of the continuous emission monitoring system. (11) The initial performance evaluation shall be completed no later than 180 days after the date of initial startup of the municipal waste combustor as specified under §60.8 of subpart A of this part. (12) The continuous emission monitoring system shall be operated according to Performance Specification 2 in appendix B of this part. For sources that have actual inlet emissions less than 100 parts per million dry volume, the relative accuracy criterion for inlet sulfur dioxide continuous emission monitoring systems should be no greater than 20 percent of the mean value of the reference method test data in terms of the units of the emission standard, or 5 parts per million dry volume absolute value of the mean difference between the reference method and the continuous emission monitoring systems, whichever is greater. (i) During each relative accuracy test run of the continuous emission monitoring system required by Performance Specification 2 in appendix B of this part, sulfur dioxide and 4-10 oxygen (or carbon dioxide) data shall be collected concurrently (or within a 30- to 60- minute period) by both the continuous emission monitors and the test methods specified in paragraphs (e)(12)(i)(A) and (e)(12)(i)(B) of this section. (A) For sulfur dioxide, EP A Reference Method 6, 6A, or 6C, or as an alternative ASME PTC-19-10-1981-Part 10, shall be used. (B) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 3B, or as an alternative ASME PTC-19-10-1981-Part 10, as applicable, shall be used. (ii) The span value of the continuous emissions monitoring system at the inlet to the sulfur dioxide control device shall be 125 percent of the maximum estimated hourly potential sulfur dioxide emissions of the municipal waste combustor unit. The span value of the continuous emission monitoring system at the outlet of the sulfur dioxide control device shall be 50 percent of the maximum estimated hourly potential sulfur dioxide emissions of the municipal waste combustor unit. (13) Quarterly accuracy determinations and daily calibration drift tests shall be perfonned in accordance with procedure 1 in appendix F of this part. (14) When sulfur dioxide emissions data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks, and/or zero and span adjustments, emissions data shall be obtained by using other monitoring systems as approved by EPA or EPA Reference Method 19 to provide, as necessary, valid emissions data for a minimum of 90 percent of the hours per calendar quarter and 95 percent of the hours per calendar year that the affected facility is operated and combusting municipal solid waste. (t) The procedures and test methods specified in paragraphs (t)(1) through (t)(8) of this section shall be used for detennining compliance with the hydrogen chloride emission limit under §60.52b(b )(2). (1) The EP A Reference Method 26 or 26A, as applicable, shall be used to detennine the hydrogen chloride emission concentration. The minimum sampling time shall be 1 hour. (2) An oxygen (or carbon dioxide) measurement shall be obtained simultaneously with each test run for hydrogen chloride required by paragraph (t)(1) of this section. (3) The percent reduction in potential hydrogen chloride emissions (% PHC¡) is computed using equation 2: (%P",,) = (E' ~E}100 (2) Where: 4-11 %PHC¡=percent reduction of the potential hydrogen chloride emissions achieved. E¡=potential hydrogen chloride emission concentration measured at the control device inlet, corrected to 7 percent oxygen (dry basis). Eo=controlled hydrogen chloride emission concentration measured at the control device outlet, corrected to 7 percent oxygen (dry basis). (4) The owner or operator of an affected facility may request that compliance with the hydrogen chloride emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in paragraph (b)(6) of this section. (5) As specified under §60.8 of subpart A of this part, all performance tests shall consist of three test runs. The average of the hydrogen chloride emission concentrations or percent reductions from the three test runs is used to determine compliance. (6) The owner or operator of an affected facility shall conduct an initial performance test for hydrogen chloride as required under §60.8 of subpart A ofthis part. (7) Following the date that the initial performance test for hydrogen chloride is completed or is required to be completed under §60.8 of subpart A of this part, the owner or operator of an affected facility shall conduct a performance test for hydrogen chloride emissions on an annual basis (no more than 12 calendar months following the previous performance test). (8) In place of hydrogen chloride testing with EP A Reference Method 26 or 26A, an owner or operator may elect to install, calibrate, maintain, and operate a continuous emission monitoring system for monitoring hydrogen chloride emissions discharged to the atmosphere and record the output of the system according to the provisions of paragraphs (n) and (0) of this section. (g) The procedures and test methods specified in paragraphs (g)(1) through (g)(9) of this section shall be used to determine compliance with the limits for dioxin/furan emissions under §60.52b(c). (1) The EP A Reference Method I shall be used for determining the location and number of sampling points. (2) The EPA Reference Method 3, 3A, or 3B, or as an alternative ASME PTC-19-1O- 1981-Part 10, as applicable, shall be used for flue gas analysis. (3) The EP A Reference Method 23 shall be used for determining the dioxin/furan emission concentration. (i) The minimum sample time shall be 4 hours per test run. 4-12 (ii) An oxygen (or carbon dioxide) measurement shall be obtained simultaneously with each Method 23 test run for dioxins/furans. (4) The owner or operator of an affected facility shall conduct an initial performance test for dioxin/furan emissions in accordance with paragraph (g)(3) of this section, as required under §60.8 of subpart A ofthis part. (5) Following the date that the initial performance test for dioxins/furans is completed or is required to be completed under §60.8 of subpart A of this part, the owner or operator of an affected facility shall conduct performance tests for dioxin/furan emissions in accordance with paragraph (g)(3) of this section, according to one of the schedules specified in paragraphs (g)(5)(i) through (g)(5)(iii) of this section. (i) For affected facilities, performance tests shall be conducted on a calendar year basis (no less than 9 calendar months and no more than 15 calendar months following the previous performance test; and must complete five performance tests in each 5-year calendar period). (ii) For the purpose of evaluating system performance to establish new operating parameter levels, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions, the owner or operator of an affected facility that qualifies for the performance testing schedule specified in paragraph (g)(5)(iii) of this section, may test one unit for dioxin/furan and apply the dioxin/furan operating parameters to similarly designed and equipped units on site by meeting the requirements specified in paragraphs (g)(5)(ii)(A) through (g)(5)(ii)(D) of this section. (A) Follow the testing schedule established in paragraph (g)(5)(iii) of this section. For example, each year a different affected facility at the municipal waste combustor plant shall be tested, and the affected facilities at the plant shall be tested in sequence (e.g., unit 1, unit 2, unit 3, as applicable). (B) Upon meeting the requirements in paragraph (g)(5)(iii) of this section for one affected facility, the owner or operator may elect to apply the average carbon mass feed rate and associated carbon injection system operating parameter levels for dioxin/furan as established in paragraph (m) of this section to similarly designed and equipped units on site. (C) Upon testing each subsequent unit in accordance with the testing schedule established in paragraph (g)(5)(iii) of this section, the dioxin/furan and mercury emissions of the subsequent unit shall not exceed the dioxin/furan and mercury emissions measured in the most recent test of that unit prior to the revised operating parameter levels. (D) The owner or operator of an affected facility that selects to follow the performance testing schedule specified in paragraph (g)(5)(iii) of this section and apply the carbon 4-13 · injection system operating parameters to similarly designed and equipped units on site shall follow the procedures specified in §60.59b(g)(4) for reporting. (iii) Where all performance tests over a 2-year period indicate that dioxin/furan emissions are less than or equal to 7 nanograms per dry standard cubic meter (total mass) for all affected facilities located within a municipal waste combustor plant, the owner or operator of the municipal waste combustor plant may elect to conduct annual performance tests for one affected facility (i.e., unit) per year at the municipal waste combustor plant. At a minimum, a performance test for dioxin/furan emissions shall be conducted on a calendar year basis (no less than 9 calendar months and no more than 15 months following the previous performance test; and must complete five performance tests in each 5-year calendar period) for one affected facility at the municipal waste combustor plant. Each year a different affected facility at the municipal waste combustor plant shall be tested, and the affected facilities at the plant shall be tested in sequence (e.g., unit 1, unit 2, unit 3, as applicable). If each annual performance test continues to indicate a dioxin/furan emission level less than or equal to 7 nanograms per dry standard cubic meter (total mass), the owner or operator may continue conducting a performance test on only one affected facility per calendar year. If any annual performance test indicates either a dioxin/furan emission level greater than 7 nanograms per dry standard cubic meter (total mass), performance tests shall thereafter be conducted annually on all affected facilities at the plant until and unless all annual performance tests for all affected facilities at the plant over a 2-year period indicate a dioxin/furan emission level less than or equal to 7 nanograms per dry standard cubic meter (total mass). (6) The owner or operator of an affected facility that selects to follow the performance testing schedule specified in paragraph (g)(5)(iii) of this section shall follow the procedures specified in §60.59b(g)(4) for reporting the selection of this schedule. (7) The owner or operator of an affected facility where activated carbon is used shall follow the procedures specified in paragraph (m) of this section for measuring and calculating the carbon usage rate. (8) The owner or operator of an affected facility may request that compliance with the dioxin/furan emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in paragraph (b)(6) of this section. (9) As specified under §60.8 of subpart A of this part, all performance tests shall consist of three test runs. The average of the dioxin/furan emission concentrations from the three test runs is used to determine compliance. (10) In place of dioxin/furan sampling and testing with EPA Reference Method 23, an owner or operator may elect to sample dioxin/furan by installing, calibrating, maintaining, and operating a continuous automated sampling system for monitoring dioxin/furan emissions discharged to the atmosphere, recording the output of the system, 4-14 and analyzing the sample using EP A Method 23. This option to use a continuous automated sampling system takes effect on the date a final performance specification applicable to dioxin/furan from monitors is published in the Federal Register or the date of approval of a site-specific monitoring plan. The owner or operator of an affected facility who elects to continuously sample dioxin/furan emissions instead of sampling and testing using EP A Method 23 shall install, calibrate, maintain, and operate a continuous automated sampling system and shall comply with the requirements specified in paragraphs (P) and (q) of this section. (h) The procedures and test methods specified in paragraphs (h)(1) through (h)(12) ofthis section shall be used to determine compliance with the nitrogen oxides emission limit for affected facilities under §60.52b(d). (1) The EPA Reference Method 19, section 4.1, shall be used for determining the daily arithmetic average nitrogen oxides emission concentration. (2) The owner or operator of an affected facility may request that compliance with the nitrogen oxides emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in paragraph (b)(6) of this section. (3) The owner or operator of an affected facility subject to the nitrogen oxides limit under §60.52b (d) shall conduct an initial performance test for nitrogen oxides as required under §60.8 of subpart A of this part. Compliance with the nitrogen oxides emission limit shall be determined by using the continuous emission monitoring system specified in paragraph (h) ( 4) of this section for measuring nitrogen oxides and calculating a 24-hour daily arithmetic average emission concentration using EPA Reference Method 19, section 4.1. (4) The owner or operator of an affected facility subject to the nitrogen oxides emission limit under §60.52b(d) shall install, calibrate, maintain, and operate a continuous emission monitoring system for measuring nitrogen oxides discharged to the atmosphere, and record the output of the system. (5) Following the date that the initial performance test for nitrogen oxides is completed or is required to be completed under §60.8 of subpart A of this part, compliance with the emission limit for nitrogen oxides required under §60.52b (d) shall be determined based on the 24-hour daily arithmetic average of the hourly emission concentrations using continuous emission monitoring system outlet data. (6) At a minimum, valid continuous emission monitoring system hourly averages shall be obtained as specified in paragraphs (h)(6)(i) and (h)(6)(ii) ofthis section for 90 percent of the operating hours per calendar quarter and for 95 percent of the operating hours per calendar year that the affected facility is combusting municipal solid waste. 4-15 (i) At least 2 data points per hour shall be used to calculate each I-hour arithmetic average. (ii) Each nitrogen oxides I-hour arithmetic average shall be corrected to 7 percent oxygen on an hourly basis using the I-hour arithmetic average of the oxygen (or carbon dioxide) continuous emission monitoring system data. (7) The I-hour arithmetic averages required by paragraph (h)(5) of this section shall be expressed in parts per million by volume (dry basis) and used to calculate the 24-hour daily arithmetic average concentrations. The I-hour arithmetic averages shall be calculated using the data points required under §60.13(e)(2) of subpart A of this part. (8) All valid continuous emission monitoring system data must be used in calculating emission averages even if the minimum continuous emission monitoring system data requirements of paragraph (h)(6) of this section are not met. (9) The procedures under §60.13 of subpart A of this part shall be followed for installation, evaluation, and operation of the continuous emission monitoring system. The initial perfonnance evaluation shall be completed no later than 180 days after the date of initial startup of the municipal waste combustor unit, as specified under §60.8 of subpart A of this part. (10) The owner or operator of an affected facility shall operate the continuous emission monitoring system according to Performance Specification 2 in appendix B of this part and shall follow the procedures and methods specified in paragraphs (h)(10)(i) and (h) (1 O)(ii) of this section. (i) During each relative accuracy test run of the continuous emission monitoring system required by Performance Specification 2 of appendix B of this part, nitrogen oxides and oxygen (or carbon dioxide) data shall be collected concurrently (or within a 30- to 60- minute period) by both the continuous emission monitors and the test methods specified in paragraphs (h)(10)(i)(A) and (h)(IO)(i)(B) of this section. (A) For nitrogen oxides, EP A Reference Method 7, 7 A, 7C, 7D, or 7E shall be used. (B) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 3B, or as an alternative ASME PTC-I9-I0-198 I-Part 10, as applicable, shall be used. (ii) The span value of the continuous emission monitoring system shall be 125 percent of the maximum estimated hourly potential nitrogen oxide emissions of the municipal waste combustor unit. (11) Quarterly accuracy detenninations and daily calibration drift tests shall be perfonned in accordance with procedure 1 in appendix F of this part. 4-16 (12) When nitrogen oxides continuous emISSIon data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments, emissions data shall be obtained using other monitoring systems as approved by EP A or EP A Reference Method 19 to provide, as necessary, valid emissions data for a minimum of 90 percent of the hours per calendar quarter and 95 percent of the hours per calendar year the unit is operated and combusting municipal solid waste. (i) The procedures specified in paragraphs (i)(1) through (i)(12) of this section shall be used for determining compliance with the operating requirements under §60.53b. (1) Compliance with the carbon monoxide emission limits in §60.53b(a) shall be determined using a 4-hour block arithmetic average for all types of affected facilities (2) The owner or operator of an affected facility shall install, calibrate, maintain, and operate a continuous emission monitoring system for measuring carbon monoxide at the combustor outlet and record the output of the system and shall follow the procedures and methods specified in paragraphs (i)(3)(i) through (i)(3)(iii) of this section. (i) The continuous emission monitoring system shall be operated according to Performance Specification 4A in appendix B ofthis part. (ii) During each relative accuracy test run of the continuous emission monitoring system required by Performance Specification 4A in appendix B of this part, carbon monoxide and oxygen (or carbon dioxide) data shall be collected concurrently (or within a 30- to 60-minute period) by both the continuous emission monitors and the test methods specified in paragraphs (i)(3)(ii)(A) and (i)(3)(ii)(B) of this section. For affected facilities subject to the 100 parts per million dry volume carbon monoxide standard, the relative accuracy criterion of 5 parts per million dry volume is calculated as the absolute value of the mean difference between the reference method and continuous emission monitoring systems. (A) For carbon monoxide, EPA Reference Method 10, lOA, or lOB shall be used. (B) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 3B, or ASME PTC-19-10-1981-Part 10 (incorporated by reference, see §60.17 of subpart A of this part), as applicable, shall be used. (iii) The span value of the continuous emission monitoring system shall be 125 percent of the maximum estimated hourly potential carbon monoxide emissions of the municipal waste combustor unit. (3) The 4-hour block and 24-hour daily arithmetic averages specified in paragraphs (i)(1) and (i)(2) of this section shall be calculated from I-hour arithmetic averages expressed in parts per million by volume corrected to 7 percent oxygen (dry basis). The I-hour arithmetic averages shall be calculated using the data points generated by the continuous 4-17 emission monitoring system. At least two data points shall be used to calculate each 1- hour arithmetic average. (4) The owner or operator of an affected facility may request that compliance with the carbon monoxide emission limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in paragraph (b)(6) of this section. (5) The procedures specified in paragraphs (i)(6)(i) through (i)(6)(v) of this section shall be used to determine compliance with load level requirements under §60.53b(b). (i) The owner or operator of an affected facility with steam generation capability shall install, calibrate, maintain, and operate a steam flow meter or a feedwater flow meter; measure steam (or feedwater) flow in kilograms per hour (or pounds per hour) on a continuous basis; and record the output of the monitor. Steam (or feedwater) flow shall be calculated in 4-hour block arithmetic averages. (ii) The method included in the "American Society of Mechanical Engineers Power Test Codes: Test Code for Steam Generating Units, Power Test Code 4.1-1964 (RI991)" section 4 (incorporated by reference, see §60.17 of subpart A of this part) shall be used for calculating the steam (or feedwater) flow required under paragraph (i)(6)(i) of this section. The recommendations in "American Society of Mechanical Engineers Interim Supplement 19.5 on Instruments and Apparatus: Application, Part II of Fluid Meters, 6th edition (1971 )," chapter 4 (incorporated by reference-see §60.17 of subpart A of this part) shall be followed for design, construction, installation, calibration, and use of nozzles and orifices except as specified in (i)(6)(iii) of this section. (iii) Measurement devices such as flow nozzles and orifices are not required to be recalibrated after they are installed. (iv) All signal conversion elements associated with steam (or feedwater flow) measurements must be calibrated according to the manufacturer's instructions before each dioxin/furan performance test, and at least once per year. (6) To determine compliance with the maximum particulate matter control device temperature requirements under §60.53b(c), the owner or operator of an affected facility shall install, calibrate, maintain, and operate a device for measuring on a continuous basis the temperature of the flue gas stream at the inlet to each particulate matter control device utilized by the affected facility. Temperature shall be calculated in 4-hour block arithmetic averages. (7) The maximum demonstrated municipal waste combustor unit load shall be determined during the initial performance test for dioxins/furans and each subsequent performance test during which compliance with the dioxin/furan emission limit specified in §60.52b(c) is achieved. The maximum demonstrated municipal waste combustor unit 4-18 load shall be the highest 4-hour arithmetic average load achieved during four consecutive hours during the most recent test during which compliance with the dioxin/furan emission limit was achieved. If a subsequent dioxin/furan performance test is being performed on only one affected facility at the MWC plant, as provided in paragraph (g)(5)(iii) of this section, the owner or operator may elect to apply the same maximum municipal waste combustor unit load from the tested facility for all the similarly designed and operated affected facilities at the MWC plant. (8) For each particulate matter control device employed at the affected facility, the maximum demonstrated particulate matter control device temperature shall be determined during the initial performance test for dioxins/furans and each subsequent performance test during which compliance with the dioxin/furan emission limit specified in §60.52b(c) is achieved. The maximum demonstrated particulate matter control device temperature shall be the highest 4-hour arithmetic average temperature achieved at the particulate matter control device inlet during four consecutive hours during the most recent test during which compliance with the dioxin/furan limit was achieved. If a subsequent dioxin/furan performance test is being performed on only one affected facility at the MWC plant, as provided in paragraph (g)(5)(iii) of this section, the owner or operator may elect to apply the same maximum particulate matter control device temperature from the tested facility for all the similarly designed and operated affected facilities at the MWC plant. (9) At a minimum, valid continuous emission monitoring system hourly averages shall be obtained as specified in paragraphs (i)(10)(i) and (i) (1 O)(ii) of this section for at least 90 percent of the operating hours per calendar quarter and 95 percent of the operating hours per calendar year that the affected facility is combusting municipal solid waste. (i) At least two data points per hour shall be used to calculate each I-hour arithmetic average. (ii) At a minimum, each carbon monoxide I-hour arithmetic average shall be corrected to 7 percent oxygen on an hourly basis using the I-hour arithmetic average of the oxygen (or carbon dioxide) continuous emission monitoring system data. (10) All valid continuous emission monitoring system data must be used in calculating the parameters specified under paragraph (i) of this section even if the minimum data requirements of paragraph (i) (1 0) of this section are not met. When carbon monoxide continuous emission data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments, emissions data shall be obtained using other monitoring systems as approved by EP A or EP A Reference Method 10 to provide, as necessary, the minimum valid emission data. (11) Quarterly accuracy determinations and daily calibration drift tests for the carbon monoxide continuous emission monitoring system shall be performed in accordance with procedure 1 in appendix F of this part. 4-19 (j) The procedures specified in paragraphs (j)(I) and (j)(2) of this section shall be used for calculating municipal waste combustor unit capacity as defined under §60.51 b. (1) For municipal waste combustor units capable of combusting municipal solid waste continuously for a 24-hour period, municipal waste combustor unit capacity shall be calculated based on 24 hours of operation at the maximum charging rate. The maximum charging rate shall be determined as specified in paragraphs (j)(I)(i) and (j)(I)(ii) of this section as applicable. (i) For combustors that are designed based on heat capacity, the maximum charging rate shall be calculated based on the maximum design heat input capacity of the unit and a heating value of 10,500 kilojoules per kilogram for combustors firing municipal solid waste that is not refuse-derived fuel. (ii) For combustors that are not designed based on heat capacity, the maximum charging rate shall be the maximum design charging rate. (k) The procedures specified in paragraphs (k)(I) through (k)( 4) of this section shall be used for determining compliance with the fugitive ash emission limit under §60.55b. (1) The EPA Reference Method 22 shall be used for determining compliance with the fugitive ash emission limit under §60.55b. The minimum observation time shall be a series of three I-hour observations. The observation period shall include times when the facility is transferring ash ITom the municipal waste combustor unit to the area where ash is stored or loaded into containers or trucks. (2) The average duration of visible emissions per hour shall be calculated ITom the three I-hour observations. The average shall be used to determine compliance with §60.55b. (3) The owner or operator of an affected facility shall conduct an initial performance test for fugitive ash emissions as required under §60.8 of subpart A of this part. (4) Following the date that the initial performance test for fugitive ash emissions is completed or is required to be completed under §60.8 of subpart A of this part for an affected facility, the owner or operator shall conduct a performance test for fugitive ash emissions on an annual basis (no more than 12 calendar months following the previous performance test). (1) The procedures specified in paragraphs (1)(1) through (1)(3) of this section shall be used to determine compliance with the opacity limit for air curtain incinerators under §60.56b. (1) The EP A Reference Method 9 shall be used for deteimining compliance with the opacity limit. 4-20 (m) The owner or operator of an affected facility where activated carbon injection is used to comply with the mercury emission limit under §60.52b(a)(5), and/or the dioxinlfuran emission limits under §60.52(b)(c), or the dioxinlfuran emission level specified in paragraph (g)(5)(iii) of this section shall follow the procedures specified in paragraphs (m)(1) through (m)(4) of this section. (1) During the performance tests for dioxins/furans and mercury, as applicable, the owner or operator shall estimate an average carbon mass feed rate based on carbon injection system operating parameters such as the screw feeder speed, hopper volume, hopper refill frequency, or other parameters appropriate to the feed system being employed, as specified in paragraphs (m)(1)(i) and (m)(1)(ii) of this section. (i) An average carbon mass feed rate in kilograms per hour or pounds per hour shall be estimated during the initial performance test for mercury emissions and each subsequent performance test for mercury emissions. (ii) An average carbon mass feed rate in kilograms per hour or pounds per hour shall be estimated during the initial performance test for dioxinlfuran emissions and each subsequent performance test for dioxinlfuran emissions. If a subsequent dioxinlfuran performance test is being performed on only one affected facility at the MWC plant, as provided in paragraph (g)(5)(iii) of this section, the owner or operator may elect to apply the same estimated average carbon mass feed rate from the tested facility for all the similarly designed and operated affected facilities at the MWC plant. (2) During operation of the affected facility, the carbon injection system operating parameter(s) that are the primary indicator(s) of the carbon mass feed rate (e.g., screw feeder setting) shall be averaged over a block 8-hour period, and the 8-hour block avèrage must equal or exceed the level(s) documented during the performance tests specified under paragraphs (m)(1)(i) and (m)(1)(ii) of this section, except as specified in paragraphs (m)(2)(i) and (m)(2)(ii) of this section. (i) During the annual dioxinlfuran or mercury performance test and the 2 weeks preceding the annual dioxinlfuran or mercury performance test, no limit is applicable for average mass carbon feed rate if the provisions of paragraph (m)(2)(ii) of this section are met. (ii) The limit for average mass carbon feed rate may be waived in accordance with permission granted by the Administrator for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions. (3) The owner or operator of an affected facility shall estimate the total carbon usage of the plant (kilograms or pounds) for each calendar quarter by two independent methods, according to the procedures in paragraphs (m)(3)(i) and (m)(3)(ii) of this section. 4-21 (i) The weight of carbon delivered to the plant. (ii) Estimate the average carbon mass feed rate in kilograms per hour or pounds per hour for each hour of operation for each affected facility based on the parameters specified under paragraph (m)(1) of this section, and sum the results for all affected facilities at the plant for the total number of hours of operation during the calendar quarter. (4) Pneumatic injection pressure or other carbon injection system operational indicator shall be used to provide additional verification of proper carbon injection system operation. The operational indicator shall provide an instantaneous visual and/or audible alann to alert the operator of a potential interruption in the carbon feed that would not normally be indicated by direct monitoring of carbon mass feed rate (e.g., continuous weight loss feeder) or monitoring of the carbon system operating parameter(s) that are the indicator(s) of carbon mass feed rate (e.g., screw feeder speed). The carbon injection system operational indicator used to provide additional verification of carbon injection system operation, including basis for selecting the indicator and operator response to the indicator alann, shall be included in section (e)(6) of the site-specific operating manual required under §60.54b(e) of this subpart. (n) In place of periodic manual testing of mercury, cadmium, lead, or hydrogen chloride with EPA Reference Method 26, 26A, 29, or as an alternative ASTM D6784-02 (as applicable), the owner or operator of an affected facility may elect to install, calibrate, maintain, and operate a continuous emission monitoring system for monitoring emissions discharged to the atmosphere and record the output of the system. The option to use a continuous emission monitoring system for mercury takes effect on the date of approval of the site-specific monitoring plan required in paragraph (n)(13) and (0) of this section. The option to use a continuous emission monitoring system for cadmium, lead, or hydrogen chloride takes effect on the date a final performance specification applicable to cadmium, lead, or hydrogen chloride monitor is published in the Federal Register or the date of approval of the site-specific monitoring plan required in paragraphs (n)(13) and (0) of this section. The owner or operator of an affected facility who elects to continuously monitor emissions instead of conducting manual performance testing shall install, calibrate, maintain, and operate a continuous emission monitoring system and shall comply with the requirements specified in paragraphs (n)(1) through (n)(13) of this section. (1) Notify the St. Lucie County ERD one month before starting use ofthe system. (2) Notify the St. Lucie County ERD one month before stopping use of the system. (3) The monitor shall be installed, evaluated, and operated in accordance with §60.13 of subpart A of this part. (4) The initial performance evaluation shall be completed no later than 180 days after the date of initial startup of the affected facility, as specified under §60.8 of subpart A of this part or within 180 days of notification to the St. Lucie County ERD of use of the 4-22 continuous monitoring system if the owner or operator was previously determining compliance by Method 26, 26A, 29, or as an alternative ASTM D6784-02 (as applicable) performance tests, whichever is later. (5) The owner or operator may request that compliance with the emission limits be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in paragraph (b)(6) of this section. (6) The owner or operator shall conduct an initial performance test for emissions as required under §60.8 of subpart A of this part. Compliance with the emission limits shall be determined by using the continuous emission monitoring system specified in paragraph (n) of this section to measure emissions and calculating a 24-hour block arithmetic average emission concentration using EP A Reference Method 19, section 12.4.1. (7) Compliance with the emission limits shall be determined based on the 24-hour daily (block) average of the hourly arithmetic average emission concentrations using continuous emission monitoring system outlet data. (8) Beginning on April 28, 2008 for mercury and on the date two years after final performance specifications for cadmium, lead or hydrogen chloride monitors are published in the Federal Register or the date two years after approval of a site-specific monitoring plan, valid continuous monitoring system hourly averages shall be obtained as specified in paragraphs (n)(8)(i) and (n)(8)(ii) of this section for at least 90 percent of the operating hours per calendar quarter and 95 percent of the operating hours per calendar year that the affected facility is combusting municipal solid waste. (i) At least two data points per hour shall be used to calculate each I-hour arithmetic average. (ii) Each I-hour arithmetic average shall be corrected to 7 percent oxygen on an hourly basis using the I-hour arithmetic average of the oxygen (or carbon dioxide) continuous emission monitoring system data. (9) The I-hour arithmetic averages required under paragraph (n)(7) of this section shall be expressed in micrograms per dry standard cubic meter for mercury, cadmium, lead and parts per million dry volume for hydrogen chloride corrected to 7 percent oxygen (dry basis) and shall be used to calculate the 24-hour daily arithmetic (block) average emission concentrations. The I-hour arithmetic averages shall be calculated using the data points required under §60.I3( e )(2) of subpart A of this part. (10) AU valid continuous emission monitoring system data shall be used in calculating average emission concentrations even if the minimum continuous emission monitoring system data requirements of paragraph (n)(8) of this section are not met. 4-23 (11) The continuous emission monitoring system shall be operated according to the performance specifications in paragraphs (n)(11 )(i) through (n)(11 )(iii) of this section or the approved site-specific monitoring plan. (i) For mercury, Performance Specification 12A in appendix B of this part. (12) During each relative accuracy test run of the continuous emission monitoring system required by the performance specifications in paragraph (n)(11) of this section, mercury, cadmium, lead, hydrogen chloride, and oxygen (or carbon dioxide) data shall be collected concurrently (or within a 30- to 60-minute period) by both the continuous emission monitors and the test methods specified in paragraphs (n)(12)(i) through (n)(12)(iii) of this section. (i) For mercury, cadmium, and lead, EP A Reference Method 29 or as an alternative ASTM D6784-02 shall be used. (ii) For hydrogen chloride, EP A Reference Method 26 or 26A shall be used. (iii) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 3B, as applicable shall be used. (13) The owner or operator who elects to install, calibrate, maintain, and operate a continuous emission monitoring system for mercury, cadmium, lead, or hydrogen chloride must develop and implement a site-specific monitoring plan as specified in paragraph (0) of this section. The owner or operator who relies on, a performance . specification may refer to that document in addressing applicable procedures and criteria. (14) When emissions data are not obtained because of continuous emission monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments, parametric monitoring data shall be obtained by using other monitoring systems as approved by EP A. (0) The owner or operator who elects to install, calibrate, maintain, and operate a continuous emission monitoring system for mercury, cadmium, lead, or hydrogen chloride must develop and submit for approval by EP A, a site-specific mercury, cadmium, lead, or hydrogen chloride monitoring plan that addresses the elements and requirements in paragraphs (0)(1) through (0)(7) of this section. (1) Installation of the continuous emission monitoring system sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device). (2) Performance and equipment specifications for the sample interface, the pollutant concentration analyzer, and the data collection and reduction system. 4-24 (3) Performance evaluation procedures and acceptance criteria (e.g., calibrations). (4) Provisions for periods when the continuous emission monitoring system is out of control as described in paragraphs (0)(4)(i) through (0)(4)(iii) of this section. (i) A continuous emission monitoring system is out of control if either of the conditions in paragraphs (0)(4)(i)(A) or (0)(4)(ii)(B) of this section are met. (A) The zero (low-level), mid-level (if applicable), or high-level calibration drift exceeds two times the applicable calibration drift specification in the applicable performance specification or in the relevant standard; or (B) The continuous emission monitoring system fails a performance test audit (e.g., cylinder gas audit), relative accuracy audit, relative accuracy test audit, or linearity test audit. (ii) When the continuous emission monitoring system is out of control as defined in paragraph (0)(4)(i) of this section, the owner or operator of the affected source shall take the necessary corrective action and shall repeat all necessary tests that indicate that the system is out of control. The owner or operator shall take corrective action and conduct retesting until the performance requirements are below the applicable limits. The beginning of the out-of-control period is the hour the owner or operator conducts a performance check (e.g., calibration drift) that indicates an exceedance of the performance requirements established under this part. The end of the out-of-control period is the hour following the completion of corrective action and successful demonstration that the system is within the allowable limits. During the period the continuous emission monitoring system is out of control, recorded data shall not be used in data averages and calculations or to meet any data availability requirements in paragraph (n)(8) of this section. (iii) The owner or operator of a continuous emission monitoring system that is out of control as defined in paragraph (0)(4) of this section shall submit all information concerning out-of-control periods, including start and end dates and hours and descriptions of corrective actions taken in the annual or semiannual compliance reports required in §60.59b(g) or (h). (5) Ongoing data quality assurance procedures for continuous emISSIOn monitoring systems as described in paragraphs (0)(5)(i) and (0)(5)(ii) of this section. (i) Develop and implement a continuous emission monitoring system quality control program. As part of the quality control program, the owner or operator shall develop and submit to EP A for approval, upon request, a site-specific performance evaluation test plan for the continuous emission monitoring system performance evaluation required in paragraph (0)(5)(ii) of this section. In addition, each quality control program shall include, at a minimum, a written protocol that describes procedures for each of the operations described in paragraphs (0 )(7)(i)(A) through (0 )(7)(i)(F) of this section. 4-25 (A) Initial and any subsequent calibration of the continuous emission monitoring system; (B) Detennination and adjustment of the calibration drift of the continuous emission monitoring system; (C) Preventive maintenance of the continuous emission monitoring system, including spare parts inventory; (D) Data recording, calculations, and reporting; (E) Accuracy audit procedures, including sampling and analysis methods; and (F) Program of corrective action for a malfunctioning continuous emission monitoring system. (ii) The perfonnance evaluation test plan shall include the evaluation program objectives, an evaluation program summary, the perfonnance evaluation schedule, data quality objectives, and both an internal and external quality assurance program. Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of data. The internal quality assurance program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of continuous emission monitoring system perfonnance, for example, plans for relative accuracy testing using the appropriate reference method in §60.58b(n)(12) of this section. The external quality assurance program shall include, at a minimum, systems audits that include the opportunity for on-site evaluation by the Administrator of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities. (6) Conduct a perfonnance evaluation of each continuous emission monitoring system in accordance with the site-specific monitoring plan. (7) Operate and maintain the continuous emission monitoring system In continuous operation according to the site-specific monitoring plan. (P) In place of periodic manual testing of dioxin/furan or mercury with EP A Reference Method 23, 29, or as an alternative ASTM D6784-02 (as applicable), the owner or operator of an affected facility may elect to install, calibrate, maintain, and operate a continuous automated sampling system for detennining emissions discharged to the atmosphere. This option takes effect on the date a final perfonnance specification applicable to such continuous automated sampling systems is published in the Federal Register or the date of approval of a site-specific monitoring plan required in paragraphs (P)(10) and (q) of this section. The owner or operator of an affected facility who elects to use a continuous automated sampling system to determine emissions instead of conducting manual perfonnance testing shall install, calibrate, maintain, and operate the sampling system and conduct analyses in compliance with the requirements specified in paragraphs (P)(1) through (P)(12) of this section. 4-26 (1) Notify the St. Lucie County ERD one month before starting use of the system. (2) Notify the St. Lucie County ERD one month before stopping use ofthe system. (3) The initial perfonnance evaluation shall be completed no later than 180 days after the date of initial startup of the affected facility, as specified under §60.8 of subpart A ofthis part or within 180 days of notification to the St. Lucie County ERD of use of the continuous monitoring system if the owner or operator was previously detennining compliance by manual perfonnance testing using Method 23, 29, or as an alternative ASTM D6784-02 (as applicable), whichever is later. (4) The owner or operator may request that compliance with the emission limits be detennined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in paragraph (b)(6) of this section. (5) The owner or operator shall conduct an initial perfonnance test for emissions as required under §60.8 of subpart A of this part. Compliance with the emission limits shall be determined by using the continuous automated sampling system specified in paragraph (P) of this section to collect integrated samples and analyze emissions for the time period specified in paragraphs (P)(5)(i) and (ii) of this section. (i) For dioxin/furan, the continuous automated sampling system shall collect an integrated sample over each 2-week period. The collected sample shall be analyzed using Method 23. (ii) For mercury, the continuous automated sampling system shall collect an integrated sample over each 24-hour daily period and the sample shall be analyzed according to the applicable final perfonnance specification or the approved site-specific monitoring plan required by paragraph (q) of this section. (6) Compliance with the emission limits shall be detennined based on 2-week emission concentrations for dioxin/furan and on the 24-hour daily emission concentrations for mercury using samples collected at the system outlet. The emission concentrations shall be expressed in nanograms per dry standard cubic meter (total mass) for dioxin/furan and micrograms per dry standard cubic meter for mercury, corrected to 7 percent oxygen (dry basis). (7) Beginning on the date two years after the respective final perfonnance specification for continuous automated sampling systems for dioxin/furan or mercury is published in the Federal Register or two years after approval of a site-specific monitoring plan, the continuous automated sampling system must be operated and collect emissions for at least 90 percent of the operating hours per calendar quarter and 95 percent of the operating hours per calendar year that the affected facility is combusting municipal solid waste. 4-27 (8) All valid data shall be used in calculating emission concentrations. (9) The continuous automated sampling system shall be operated according to the final performance specification in paragraphs (p )(9)(i) or (p )(9)(ii) of this section or the approved site-specific monitoring plan. (10) The owner or operator who elects to install, calibrate, maintain, and operate a continuous automated sampling system for dioxin/furan or mercury must develop and implement a site-specific monitoring plan as specified in paragraph (q) of this section. The owner or operator who relies on a performance specification may refer to that document in addressing applicable procedures and criteria. (11) When emissions data are not obtained because of continuous automated sampling system breakdowns, repairs, quality assurance checks, or adjustments, parametric monitoring data shall be obtained by using other monitoring systems as approved by EPA. (q) The owner or operator who elects to install, calibrate, maintain, and operate a continuous automated sampling system for dioxin/furan or mercury must develop and submit for approval by EP A, a site-specific monitoring plan that has sufficient detail to assure the validity of the continuous automated sampling system data and that addresses the elements and requirements in paragraphs (q)(1) through (q)(7) of this section. (1) Installation of the continuous automated sampling system sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device). (2) Performance and equipment specifications for the sample interface, the pollutant concentration analytical method, and the data collection system. (3) Performance evaluation procedures and acceptance criteria. (4) Provisions for periods when the continuous automated sampling system is malfunctioning or is out of control as described in paragraphs (q)(4)(i) through (q)(4)(iii) of this section. (i) The site-specific monitoring plan shall identify criteria for determining that the continuous automated sampling system is out of control. This shall include periods when the sampling system is not collecting a representative sample or is malfunctioning, or when the analytical method does not meet site-specific quality criteria established in paragraph (q)(5) ofthis section. (ii) When the continuous automated sampling system is out of control as defined in paragraph (q)(4)(i) of this section, the owner or operator shall take the necessary corrective action and shall repeat all necessary tests that indicate that the system is out of 4-28 control. The owner or operator shall take corrective action and conduct retesting until the performance requirements are within the applicable limits. The out-of-control period includes all hours that the sampling system was not collecting a representative sample or was malfunctioning, or hours represented by a sample for which the analysis did not meet the relevant quality criteria. Emissions data obtained during an out-of-control period shall not be used in determining compliance with the emission limits or to meet any data availability requirements in paragraph (p )(8) of this section. (iii) The owner or operator of a continuous automated sampling system that is out of control as dèfined in paragraph (q)(4) of this section shall submit all infonnation concerning out-of-control periods, including start and end dates and hours and descriptions of corrective actions taken in the annual or semiannual compliance reports required in §60.59b(g) or (h). (5) Ongoing data quality assurance procedures for continuous automated sampling systems as described in paragraphs (q)(5)(i) and (q)(5)(ii) of this section. (i) Develop and implement a continuous automated sampling system and analysis quality control program. As part of the quality control program, the owner or operator shall develop and submit to EP A for approval, upon request, a site-specific perfonnance evaluation test plan for the continuous automated sampling system perfonnance evaluation required in paragraph (q)(5)(ii) of this section. In addition, each quality control program shall include, at a minimum, a written protocol that describes procedures for each of the operations described in paragraphs (q)(7)(i)(A) through (q)(7)(i)(F) of this section. (A) Correct placement, installation of the continuous automated sampling system such that the system is collecting a representative sample of gas; (B) Initial and subsequent calibration of flow such that the sample collection rate ofthe continuous automated sampling system is known and verifiable; (C) Procedures to assure representative (e.g., proportional or isokinetic) sampling; (D) Preventive maintenance of the continuous automated sampling system, including spare parts inventory and procedures for cleaning equipment, replacing sample collection media, or other servicing at the end of each sample collection period; (E) Data recording and reporting, including an automated indicator and recording device to show when the continuous automated monitoring system is operating and collecting data and when it is not collecting data; (F) Accuracy audit procedures for analytical methods; and (0) Program of corrective action for a malfunctioning continuous automated sampling system. 4-29 (ii) The performance evaluation test plan shall include the evaluation program objectives, an evaluation program summary, the performance evaluation schedule, data quality objectives, and both an internal and external quality assurance program. Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of data. The internal quality assurance program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of continuous automated sampling system performance, for example, plans for relative accuracy testing using the appropriate reference method in 60.58b(p)(3), and an assessment of quality of analysis results. The external quality assurance program shall include, at a minimum, systems audits that include the opportunity for on-site evaluation by the Administrator of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities. (6) Conduct a performance evaluation of each continuous automated sampling system in accordance with the site-specific monitoring plan. (7) Operate and maintain the continuous automated sampling system III continuous operation according to the site-specific monitoring plan. §60.53b Standards for municipal waste combustor operating practices (b) No owner or operator of an affected facility shall cause such facility to operate at a load level greater than 110 percent of the maximum demonstrated municipal waste combustor unit load as defined in §60.51b, except as specified in paragraphs (b)(I) and (b)(2) of this section. The averaging time is specified under §60.58b(i). (1) During the annual dioxinlfuran or mercury performance test and the 2 weeks preceding the annual dioxinlfuran or mercury performance test, no municipal waste combustor unit load limit is applicable if the provisions of paragraph (b)(2) of this section are met. (2) The municipal waste combustor unit load limit may be waived in writing by the Administrator for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions. The municipal waste combustor unit load limit continues to apply, and remains enforceable, until and unless the Administrator grants the waiver. §60.54b Standards fQr municipal waste combustor operator training and certification (a) No later than the date 6 months after the date of startup of an affected facility or on December 19, 1996, whichever is later, each chief facility operator and shift supervisor shall obtain and maintain a current provisional operator certification from either the 4-30 American Society of Mechanical Engineers [QRO-1-1994 (incorporated by reference-see §60.17 of subpart A of this part)] or a State certification program. (b) Not later than the date 6 months after the date of startup of an affected facility or on December 19, 1996, whichever is later, each chief facility operator and shift supervisor shall have completed full certification or shall have scheduled a full certification exam with either the American Society of Mechanical Engineers [QRO-1-1994 (incorporated by reference-see §60.17 of subpart A ofthis part)] or a State certification program. (c) No owner or operator of an affected facility shall allow the facility to be operated at any time unless one of the following persons is on duty and at the affected facility: A fully certified chief facility operator, a provisionally certified chief facility operator who is scheduled to take the full certification exam according to the schedule specified in paragraph (b) of this section, a fully certified shift supervisor, or a provisionally certified shift supervisor who is scheduled to take the full certification exam according to the schedule specified in paragraph (b) of this section. (1) The requirement specified in paragraph (c) of this section shall take effect 6 months after the date of startup of the affected facility or on December 19, 1996, whichever is later. (2) If both the certified chief facility operator and certified shift supervisor are unavailable, a provisionally certified control room operator on site at the municipal waste combustion unit may fulfill the certified operator requirement. Depending on the length of time that a certified chief facility operator and certified shift supervisor are away, the owner or operator of the affected facility must meet one of three criteria: (i) When the certified chief facility operator and certified shift supervisor are both off site for 12 hours or less, and no other certified operator is on site, the provisionally certified control room operator may perfonn the duties of the certified chief facility operator or certified shift supervisor. (ii) When the certified chief facility operator and certified shift supervisor are off site for more than 12 hours, but for two weeks or less, and no other certified operator is on site, the provisionally certified control room operator may perfonn the duties of the certified chief facility operator or certified shift supervisor without notice to, or approval by, the Administrator. However, the owner or operator of the affected facility must record the period when the certified chief facility operator and certified shift supervisor are off site and include that information in the annual report as specified under §60.59b(g)(5). (iii) When the certified chief facility operator and certified shift supervisor are off site for more than two weeks, and no other certified operator is on site, the provisionally certified control room operator may perfonn the duties of the certified chief facility operator or certified shift supervisor without approval by 4-31 the Administrator. However, the owner or operator of the affected facility must take two actions: (A) Notify the Administrator in writing. In the notice, state what caused the absence and what actions are being taken by the owner or operator of the facility to ensure that a certified chief facility operator or certified shift supervisor is on site as expeditiously as practicable. (B) Submit a status report and corrective action summary to the Administrator every four weeks following the initial notification. If the Administrator provides notice that the status report or corrective action summary is disapproved, the municipal waste combustion unit may continue operation for 90 days, but then must cease operation. If corrective actions are taken in the 90-day period such that the Administrator withdraws the disapproval, municipal waste combustion unit operation may continue. (3) A provisionally certified operator who is newly promoted or recently transferred to a shift supervisor position or a chief facility operator position at the municipal waste combustion unit may perform the duties of the certified chief facility operator or certified shift supervisor without notice to, or approval by, the Administrator for up to six months before taking the ASME QRO certification exam. (d) All chief facility operators, shift supervisors, and control room operators at affected facilities must complete the EP A or State municipal waste combustor operator training course no later than the date 6 months after the date of startup of the affected facility or by December 19, 1996, whichever is later. (e) The owner or operator of an affected facility shall develop and update on a yearly basis a site-specific operating manual that shall, at a minimum, address the elements of municipal waste combustor unit operation specified in paragraphs (e)(l) through (e)(11) ofthis section. (1) A summary of the applicable standards under this subpart; (2) A description of basic combustion theory applicable to a municipal waste combustor unit; (3) Procedures for receiving, handling, and feeding municipal solid waste; (4) Municipal waste combustor unit startup, shutdown, and malfunction procedures; (5) Procedures for maintaining proper combustion air supply levels; 4-32 (6) Procedures for operating the municipal waste combustor unit within the standards established under this subpart; (7) Procedures for responding to periodic upset or off-specification conditions; (8) Procedures for minimizing particulate matter carryover; (9) Procedures for handling ash; (10) Procedures for monitoring municipal waste combustor unit emissions; and (11) Reporting and recordkeeping procedures. (f) The owner or operator of an affected facility shall establish a training program to review the operating manual according to the schedule specified in paragraphs (f)( 1) and (f)(2) of this section with each person who has responsibilities affecting the operation of an affected facility including, but not limited to, chief facility operators, shift supervisors, control room operators, ash handlers, maintenance personnel, and crane/load handlers. (1) Each person specified in paragraph (f) of this section shall undergo initial training no later than the date specified in paragraph (f)(1 )(i), (f)(1 )(ii), or (f)(1 )(iii) of this section whichever is later. (i) The date 6 months after the date of startup of the affected facility; (ii) The date prior to the day the person assumes responsibilities affecting municipal waste combustor unit operation; or (iii) December 19, 1996. (2) Annually, following the initial review required by paragraph (£)(1) of this section. (g) The operating manual required by paragraph ( e) of this section shall be kept in a readily accessible location for all persons required to undergo training under paragraph (f) of this section. The operating manùal and records of training shall be available for inspection by the EP A or its delegated enforcement agency upon request. (2) § 60.59b Reporting and recordkeeping requirements., (a) The owner or operator of an affected facility with a capacity to combust greater than 250 tons per day shall submit a notification of construction, which includes the infonnation specified in paragraphs (a)( 1) through (b)( 5) of this section. 4-33 (1) Intent to construct. (2) Planned initial startup date. (3) The types of fuels that the owner or operator plans to combust in the affected facility. (4) The municipal waste combustor unit capacity, and supporting capacity calculations prepared in accordance with §60.58bG). (b) The owner or operator of an affected facility subject to the standards under §§60.52b, 60.53b, 60.54b, 60.55b, and 60.57b shall maintain records of the information specified in paragraphs (b )(1) through (d)(15) of this section, as applicable, for each affected facility for a period of at least 5 years. (1) The calendar date of each record. (2) The emission concentrations and parameters measured using continuous monitoring systems as specified under paragraphs (b )(2)(i) and (b )(2)(ii) of this section. (i) The measurements specified in paragraphs (b )(2) (i) (A) through (b )(2)(i)(F) of this section shall be recorded and be available for submittal to the Administrator or review on site by an EP A or State inspector. (A) All 6-minute average opacity levels as specified under §60.58b(c). (B) All I-hour average sulfur dioxide emission concentrations as specified under §60.58b(e). (C) All I-hour average nitrogen oxides emISSIOn concentrations as specified under §60.58b(h). (D) All I-hour average carbon monoxide emISSIOn concentrations, municipal waste combustor unit load measurements, and particulate matter control device inlet temperatures as specified under §60.58b(i). (E) For owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions instead of conducting performance testing using EP A manual test methods, all I-hour average particulate matter, cadmium, lead, mercury, or hydrogen chloride emission concentrations as specified under §60.58b(n). (ii) The average concentrations and percent reductions, as applicable, specified in paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(F) of this section shall be computed and recorded, and shall be available for submittal to the St. Lucie County ERD or review on- site by an EP A or State inspector. 4-34 (A) All 24-hour daily geometric average sulfur dioxide emission concentrations and all 24-hour daily geometric average percent reductions in sulfur dioxide emissions as specified under §60.58b(e). (B) All 24-hour daily arithmetic average nitrogen oxides emission concentrations as specified under §60.58b(h). (C) All 4-hour block or 24-hour daily arithmetic average carbon monoxide emission concentrations, as applicable, as specified under §60.58b(i). (D) All 4-hour block arithmetic average municipal waste combustor unit load levels and particulate matter control device inlet temperatures as specified under §60.58b(i). (E) For owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions instead of conducting perfonnance testing using EP A manual test methods, all 24-hour daily arithmetic average particulate matter, cadmium, lead, mercury, or hydrogen chloride emission concentrations as specified under §60.58b(n). (F) For owners and operators who elect to use a continuous automated sampling system to monitor mercury or dioxin/furan instead of conducting perfonnance testing using EP A manual test methods, all integrated 24-hour mercury concentrations or all integrated 2- week dioxin/furan concentrations as specified under §60.586(p). (3) Identification of the calendar dates when any of the average emission concentrations, percent reductions, or operating parameters recorded under paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(F) of this section, or the opacity levels recorded under paragraph (d)(2)(i)(A) of this section are above the applicable limits, with reasons for such exceedances and a description of corrective actions taken. (4) For affected facilities that apply activated carbon for mercury or dioxin/furan control, the records specified in paragraphs (d)(4)(i) through (d)(4)(v) of this section. (i) The average carbon mass feed rate (in kilograms per hour or pounds per hour) estimated as required under §60.58b(m)(1)(i) of this section during the initial mercury perfonnance test and all subsequent annual perfonnance tests, with supporting calculations. (ii) The average carbon mass feed rate (in kilograms per hour or pounds per hour) estimated as required under §60.58b(m)(1)(ii) of this section during the initial dioxin/furan perfonnance test and all subsequent annual perfonnance tests, with supporting calculations. (iii) The average carbon mass feed rate (in kilograms per hour or pounds per hour) estimated for each hour of operation as required under §60.58b(m)(3)(ii) of this section, with supporting calculations. 4-35 (iv) The total carbon usage for each calendar quarter estimated as specified by paragraph 60.58b(m)(3) of this section, with supporting calculations. (v) Carbon injection system operating parameter data for the parameter(s) that are the primary indicator(s) of carbon feed rate (e.g., screw feeder speed). (5) Identification of the calendar dates and times (hours) for which valid hourly data specified in paragraphs (d)(6)(i) through (d)(6)(vi) of this section have not been obtained, or continuous automated sampling systems were not operated as specified in paragraph (d)(6)(vii) of this section, including reasons for not obtaining the data and a description of corrective actions taken. (i) Sulfur dioxide emissions data; (ii) Nitrogen oxides emissions data; (iii) Carbon monoxide emissions data; (iv) Municipal waste combustor unit load data; (v) Particulate matter control device temperature data; and (vi) For owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions instead of perfonnance testing by EP A manual test methods, particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions data. (vii) For owners and operators who elect to use continuous automated sampling systems for dioxins/furans or mercury as allowed under "60.58b(p) and (q), dates and times when the sampling systems were not operating or were not collecting a valid sample. (7) Identification of each occurrence that sulfur dioxide emissions data, nitrogen oxides emissions data, particulate matter emissions data, cadmium emissions data, lead emissions data, mercury emissions data, hydrogen chloride emissions data, or dioxin/furan emissions data (for owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride, or who elect to use continuous automated sampling systems for dioxin/furan or mercury emissions, instead of conducting perfonnance testing using EPA manual test methods) or operational data (i.e., carbon monoxide emissions, unit load, and particulate matter control device temperature) have been excluded ITom the calculation of average emission concentrations or parameters, and the reasons for excluding the data. (8) The results of daily drift tests and quarterly accuracy determinations for sulfur dioxide, nitrogen oxides, and carbon monoxide continuous emission monitoring systems, as required under appendix F of this part, procedure 1. 4-36 (9) The test reports documenting the results of the initial performance test and all annual performance tests listed in paragraphs (d)(9)(i) and (d)(9)(ii) of this section shall be recorded along with supporting calculations. (i) The results of the initial performance test and all annual performance tests conducted to determine compliance with the particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride, and fugitive ash emission limits. (ii) For the initial dioxin/furan performance test and all subsequent dioxin/furan performance tests recorded under paragraph (d)(9)(i) of this section, the maximum demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device temperature (for each particulate matter control device). (10) An owner or operator who elects to continuously monitor emissions instead of performance testing by EP A manual methods must maintain records specified in paragraphs (10)(i) through (iii) of this section. (i) For owners and operators who elect to continuously monitor particulate matter instead of conducting performance testing using EP A manual test methods), as required under appendix F of this part, procedure 2, the results of daily drift tests and quarterly accuracy determinations for particulate matter. (ii) For owners and operators who elect to continuously monitor cadmium, lead, mercury, or hydrogen chloride instead of conducting EP A manual test methods, the results of all quality evaluations, such as daily drift tests and periodic accuracy determinations, specified in the approved site-specific performance evaluation test plan required by §60.58b( 0 )(5). (iii) For owners and operators who elect to use continuous automated sampling systems for dioxin/furan or mercury, the results of all quality evaluations specified in the approved site-specific performance evaluation test plan required by §60.58b(q)(5). (11) For each affected facility subject to the siting provisions under §60.57b, the siting analysis, the final materials separation plan, a record of the location and date of the public meetings, and the documentation of the responses to public comments received at the public meetings. (12) The records specified in paragraphs (d)(12)(i) through (d)(12)(iv) of this section. (i) Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have been provisionally certified by the American Society of Mechanical Engineers or an equivalent State-approved certification program as required by §60.54b(a) including the dates of initial and renewal certifications and documentation of current certification. 4-37 (ii) Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have been fully certified by the American Society of Mechanical Engineers or an equivalent State-approved certification program as required by §60.54b(b) including the dates of initial and renewal certifications and documentation of current certification. (iii) Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have completed the EP A municipal waste combustor operator training course or a State-approved equivalent course as required by §60.54b(d) including documentation of training completion. (iv) Records of when a certified operator is temporarily off site. Include two main items: (A) If the certified chief facility operator and certified shift supervisor are off site for more than 12 hours, but for 2 weeks or less, and no other certified operator is on site, record the dates that the certified chief facility operator and certified shift supervisor were off site. (B) When all certified chief facility operators and certified shift supervisors are off site for more than 2 weeks and no other certified operator is on site, keep records of four items: (1) Time of day that all certified persons are off site. (2) The conditions that cause those people to be off site. (3) The corrective actions taken by the owner or operator of the affected facility to ensure a certified chief facility operator or certified shift supervisor is on site as soon as practicable. (4) Copies of the written reports submitted every 4 weeks that summarize the actions taken by the owner or operator of the affected facility to ensure that a certified chief facility operator or certified shift supervisor will be on site as soon as practicable. (13) Records showing the names of persons who have completed a review of the operating manual as required by §60.54b(f) including the date of the initial review and subsequent annual reviews. (14) For affected facilities that apply activated carbon, identification of the calendar dates when the average carbon mass feed rates recorded under paragraph (d)(4)(iii) of this section were less than either of the hourly carbon feed rates estimated during perfonnance tests for mercury emissions and recorded under paragraphs (d)( 4 )(i) and (d)( 4)(ii) of this section, respectively, with reasons for such feed rates and a description of corrective actions taken. For affected facilities that apply activated carbon, identification of the calendar dates when the average carbon mass feed rates recorded under paragraph (d)(4)(iii) of this section were less than either of the hourly carbon feed 4-38 rates estimated during performance tests for dioxin/furan emissions and recorded under paragraphs (d)(4)(i) and (d)(4)(ii) of this section, respectively, with reasons for such feed rates and a description of corrective actions taken. (15) For affected facilities that apply activated carbon for mercury or dioxin/furan control, identification of the calendar dates when the carbon injection system operating parameter(s) that are the primary indicator(s) of carbon mass feed rate (e.g., screw feeder speed) recorded under paragraph (d)(4)(v) of this section are below the level(s) estimated during the performance tests as specified in §60.58b(m)(1)(i) and §60.58b(m)(1)(ii) of this section,. with reasons for such occurrences and a description of corrective actions taken. ( e) The owner or operator of an affected facility shall submit the information specified in paragraphs (£)(1) through (£)(6) of this section in the initial performance test report. (1) The initial performance test data as recorded under paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(D) of this section for the initial performance test for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load level, and particulate matter control device inlet temperature. (2) The test report documenting the initial performance test recorded under paragraph (d)(9) of this section for particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride, and fugitive ash emissions. (3) The performance evaluation of the continuous emission monitoring system using the applicable performance specifications in appendix B of this part. (4) The maximum demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device inlet temperature(s) established during the initial dioxin/furan performance test as recorded under paragraph (d)(9) of this section. (5) For affected facilities that apply activated carbon injection for mercury control, the owner or operator shall submit the average carbon mass feed rate recorded under paragraph (d)(4)(i) of this section. (6) For those affected facilities that apply activated carbon injection for dioxin/furan control, the owner or operator shall submit the average carbon mass feed rate recorded under paragraph (d)(4)(ii) of this section. (g) Following the first year of municipal waste combustor operation, the owner or operator of an affected facility shall submit an annual report that includes the information specified in paragraphs (g)(l) through (g)(5) of this section, as applicable, no later than February 1 of each year following the calendar year in which the data were collected (once the unit is subject to permitting requirements under title V of the Act, the owner or operator of an affected facility must submit these reports semiannually). 4-39 (1) A summary of data collected for all pollutants and parameters regulated under this subpart, which includes the information specified in paragraphs (g) (1 )(i) through (g)(l)(v) of this section. (i) A list of the particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride, and fugitive ash emission levels achieved during the performance tests recorded under paragraph (d)(9) of this section. (ii) A list of the highest emission level recorded for sulfur dioxide, nitrogen oxides, carbon monoxide, particulate matter, cadmium, lead, mercury, hydrogen chloride, and dioxin/furan (for owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, hydrogen chloride, and dioxin/furan emissions instead of conducting performance testing using EP A manual test methods), municipal waste combustor unit load level, and particulate matter control device inlet temperature based on the data recorded under paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(E) of this section. (iii) List the highest opacity level measured, based on the data recorded under paragraph (d)(2)(i)(A) of this section. (iv) Periods when valid data were not obtained as described in paragraphs (g) (1 ) (iv) (A) through (g)(1)(iv)(C) of this section. (A) The total number of hours per calendar quarter and hours per calendar year that valid data for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load, or particulate matter control device temperature data were not obtained based on the data recorded under paragraph (d)(6) of this section. (B) For owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, and hydrogen chloride emissions instead of conducting performance testing using EP A manual test methods, the total number of hours per calendar quarter and hours per calendar year that valid data for particulate matter, cadmium, lead, mercury, and hydrogen chloride were not obtained based on the data recorded under paragraph (d)(6) of this section. For each continuously monitored pollutant or parameter, the hours of valid emissions data per calendar quarter and per calendar year expressed as a percent of the hours per calendar quarter or year that the affected facility was operating and combusting municipal solid waste. (C) For owners and operators who elect to use continuous automated sampling systems for dioxin/furan or mercury, the total number of hours per calendar quarter and hours per calendar year that the sampling systems were not operating or were not collecting a valid sample based on the data recorded under paragraph (d) (6) (vii) of this section. Also, the number of hours during which the continuous automated sampling system was operating and collecting a valid sample as a percent of hours per calendar quarter or year that the affected facility was operating and combusting municipal solid waste. 4-40 (v) Periods when valid data were excluded from the calculation of average emission concentrations or parameters as described in paragraphs (g)(1)(v)(A) through (g)(1)(v)(C) of this section. (A) The total number of hours that data for sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load, and particulate matter control device temperature were excluded from the calculation of average emission concentrations or parameters based on the data recorded under paragraph (d)(7) of this section. (B) For owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions instead of conducting performance testing using EP A manual test methods, the total number of hours that data for particulate matter, cadmium, lead, mercury, or hydrogen chloride were excluded from the calculation of average emission concentrations or parameters based on the data recorded under paragraph (d)(7) of this section. (C) For owners and operators who elect to use continuous automated sampling systems for dioxin/furan or mercury, the total number of hours that data for mercury and dioxin/furan were excluded from the calculation of average emission concentrations or parameters based on the data recorded under paragraph (d)(7) of this section. (2) The summary of data reported under paragraph (g) (1 ) of this section shall also provide the types of data specified in paragraphs (g)(1)(i) thröugh (g)(I)(vi) of this section for the calendar year preceding the year being reported, in order to provide the Administrator with a summary of the performance of the affected facility over a 2-year period. (3) The summary of data including the information specified in paragraphs (g)(I) and (g)(2) of this section shall highlight any emission or parameter levels that did not achieve the emission or parameter limits specified under this subpart. (4) A notification of intent to begin the reduced dioxin/furan performance testing schedule specified in §60.58b(g)(5)(iii) of this section during the following calendar year and notification of intent to apply the average carbon mass feed rate and associated carbon injection system operating parameter levels as established in §60.58b(m) to similarly designed and equipped units on site. (5) Documentation of periods when all certified chief facility operators and certified shift supervisors are off site for more than 12 hours. (h) The owner or operator of an affected facility shall submit a semiannual report that includes the information specified in paragraphs (h)(1) through (h)(5) of this section for any recorded pollutant or parameter that does not comply with the pollutant or parameter limit specified under this subpart, according to the schedule specified under paragraph (h)(6) of this section. 4-41 (1) The semiannual report shall include information recorded under paragraph (d)(3) of this section for sulfur dioxide, nitrogen oxides, carbon monoxide, particulate matter, cadmium, lead, mercury, hydrogen chloride, dioxin/furan (for owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride, or who elect to use continuous automated sampling systems for dioxin/furan or mercury emissions, instead of conducting performance testing using EP A manual test methods) municipal waste combustor unit load level, particulate matter control device inlet temperature, and opacity. (2) For each date recorded as required by paragraph (d)(3) of this section and reported as required by paragraph (h)( I) of this section, the semiannual report shall include the sulfur dioxide, nitrogen oxides, carbon monoxide, municipal waste combustor unit load level, particulate matter control device inlet temperature, or opacity data, as applicable, recorded under paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(D) and (d)(2)(i)(A) of this section, as applicable. (3) If the test reports recorded under paragraph (d)(9) of this section document any particulate matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride, and fugitive ash emission levels that were above the applicable pollutant limits, the semiannual report shall include a copy of the test report documenting the emission levels and the corrective actions taken. (4) The semiannual report shall include the information recorded under paragraph (d)(15) of this section for the carbon injection system operating parameter(s) that are the primary indicator( s) of carbon mass feed rate. (5) For each operating date reported as required by paragraph (h)(4) of this section, the semiannual report shall include the carbon feed rate data recorded under paragraph (d)(4)(iii) of this section. (6) Semiannual reports required by paragraph (h) of this section shall be submitted according to the schedule specified in paragraphs (h)(6)(i) and (h)(6)(ii) of this section. (i) If the data reported in accordance with paragraphs (h)(l) through (h)(5) of this section were collected during the first calendar half, then the report shall be submitted by August 1 following the first calendar half. (ii) If the data reported in accordance with paragraphs (h)(1) through (h)(5) of this section were collected during the second calendar half, then the report shall be submitted by February 1 following the second calendar half. (i) The owner or operator of an air curtain incinerator subject to the opacity l,imit under §60.56b shall submit the results of the initial opacity performance test and all subsequent annual performance tests recorded under paragraph ( e) of this section. Annual performance tests shall be submitted by February 1 of the year following the year of the performance test. 4-42 G) All reports specified under paragraphs (a), (b), (c), (t), (g), (h), and (i) of this section shall be submitted as a paper copy, postmarked on or before the submittal dates specified under these paragraphs, and maintained onsite as a paper copy for a period of 5 years. (k) All records specified under paragraphs (d) and (e) of this section shall be maintained onsite in either paper copy or computer-readable format, unless an alternative format is approved by the Administrator. (l) If the owner or operator of an affected facility would prefer a different annual or semiannual date for submitting the periodic reports required by paragraphs (g), (h) and (i) of this section, then the dates may be changed by mutual agreement between the owner or operator and the Administrator and the St. Lucie County ERD according to the procedures specified in §60.19( c) of subpart A of this part. (m) Owners and operators who elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride, or who elect to use continuous automated sampling systems for dioxin/furan or mercury emissions, instead of conducting performance testing using EP A manual test methods must notify the Administrator one month prior to starting or stopping use of the particulate matt~r, cadmium, lead, mercury, hydrogen cWoride, and dioxin/furan continuous emission monitoring systems or continuous automated sampling systems. (n) Additional recordkeeping and reporting requirements for affected facilities with continuous cadmium, lead, mercury, or hydrogen chloride monitoring systems. In addition to complying with the requirements specified in paragraphs (a) through (m) of this section, the owner or operator of an affected source who elects to install a continuous emission monitoring system for cadmium, lead, mercury, or hydrogen chloride as specified in §60.58b(n), shall maintain the records in paragraphs (n)(I) through (n)(10) of this section and report the information in paragraphs (n)(II) through (n)(12) of this section, relevant to the continuous emission monitoring system: (1) All required continuous emission monitoring measurements (including monitoring data recorded during unavoidable continuous emission monitoring system breakdowns and out-of-control periods); (2) The date and time identifying each period during which the continuous emission monitoring system was inoperative except for zero (low-level) and high-level checks; (3) The date and time identifying each period during which the continuous emission monitoring system was out of control, as defined in §60.58b( 0)(4); (4) The specific identification (i.e., the date and time of commencement and completion) of each period of excess emissions and parameter monitoring exceedances, as defined in the standard, that occurs during startups, shutdowns, and malfunctions of the affected source; 4-43 (5) The specific identification (i.e., the date and time of commencement and completion) of each time period of excess emissions and parameter monitoring exceedances, as defined in the standard, that occurs during periods other than startups, shutdowns, and malfunctions of the affected source; (6) The nature and cause of any malfunction (ifknown); (7) The corrective action taken to correct any malfunction or preventive measures adopted to prevent further malfunctions; (8) The nature of the repairs or adjustments to the continuous emission monitoring system that was inoperative or out of control; (9) All procedures that are part of a quality control program developed and implemented for the continuous emission monitoring system under §60.58b(0); (10) When more than one continuous emission monitoring system is used to measure the emissions from one affected source (e.g., multiple breechings, multiple outlets), the owner or operator shall report the results as required for each continuous emission monitoring system. (11) Submit to EP A and the S1. Lucie County ERD for approval, the site-specific monitoring plan required by §60.58b(n)(13) and §60.58b(0), including the site-specific perfonnance evaluation test plan for the continuous emission monitoring system required by §60.58(b)(0)(5). The owner or operator shall maintain copies of the site-specific monitoring plan on record for the life of the affected source to be made available for inspection, upon request, by the Administrator. If the site-specific monitoring plan is revised and approved, the owner or operator shall keep previous (i. e., superseded) versions of the plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after ~ach revision to the plan. (12) Submit infonnation concerning all out-of-control periods for each continuous emission monitoring system, including start and end dates and hours and descriptions of corrective actions taken, in the annual or semiannual reports required in paragraphs (g) or (h) of this section. (0) Additional recordkeeping and reporting requirements for affected facilities with continuous automated sampling systems for dioxin/furan or mercury monitoring. In addition to complying with the requirements specified in paragraphs (a) through (m) of this section, the owner or operator of an affected source who elects to install a continuous automated sampling system for dioxin/furan or mercury, as specified in §60.58b(p), shall maintain the records in paragraphs (0)(1) through (0)(10) of this section and report the infonnation in (0)(11) and (0)(12) of this section, relevant to the continuous automated sampling system: 4-44 (1) All required 24-hour integrated mercury concentration or 2-week integrated dioxin/furan concentration data (including any data obtained during unavoidable system breakdowns and out-of-control periods); (2) The date and time identifying each period during which the continuous automated sampling system was inoperative; (3) The date and time identifying each period during which the continuous automated sampling system was out of control, as defined in §60.58b(q)(4); (4) The specific identification (i.e., the date and time of commencement and completion) of each period of excess emissions and parameter monitoring exceedances, as defined in the standard, that occurs during startups, shutdowns, and malfunctions of the affected source; (5) The specific identification (i.e., the date and time of commencement and completion) of each time period of excess emissions and parameter monitoring exceedances, as defined in the standard, that occurs during periods other than startups, shutdowns, and malfunctions of the affected source; (6) The nature and cause of any malfunction (if known); (7) The corrective action taken to correct any malfunction or preventive measures adopted to prevent further malfunctions; (8) The nature of the repairs or adjustments to the continuous automated sampling system that was inoperative or out of control; (9) All procedures that are part of a quality control program developed and implemented for the continuous automated sampling system under §60.58b(q); (10) When more than one continuous automated sampling system is used to measure the emissions from one affected source (e.g., multiple breechings, multiple outlets), the owner or operator shall report the results as required for each system. (11) Submit to EPA and the St. Lucie County ERD for approval, the site-specific monitoring plan required by §60.58b(p)(11) and §60.58b(q) including the site-specific perfonnance evaluation test plan for the continuous emission monitoring system required by §60.58(b)(q)(5). The owner or operator shall maintain copies of the site-specific monitoring plan on record for the life of the affected source to be made available for inspection, upon request, by the St. Lucie County ERD. If the site-specific monitoring plan is revised and approved, the owner or operator shall keep previous (i.e., superseded) versions of the plan on record to be made available for inspection, upon request, by the St. Lucie County ERD, for a period of 5 years after each revision to the plan. 4-45 (12) Submit infonnation concerning all out-of-control periods for each continuous automated sampling system, including start and end dates and hours and descriptions of corrective actions taken in the annual or semiannual reports required in paragraphs (g) or (h) of this section. 40 CFR 60 Subpart KKKK-Standards of Performance for Stationary Combustion Turbines Monitoring (3) § 60.4340 How do I demonstrate continuous compliance for NOX if I do not use water or steam injection? (a) If you are not using water or steam injection to control NOx emissions, you must perfonn annual perfonnance tests in accordance with §60,4400 to demonstrate continuous compliance. If the NOx emission result from the perfonnance test is less than or equal to 75 percent of the NOx emission limit for the turbine, you may reduce the frequency of subsequent perfonnance tests to once every 2 years (no more than 26 calendar months following the previous perfonnance test). If the results of any subsequent perfonnance ~est exceed 75 percent of the NOx emission limit for the turbine, you must resume annual perfonnance tests. (b) As an alternative, you may install, calibrate, maintain and operate one of the following continuous monitoring systems: (1) Continuous emission monitoring as described in §§60.4335(b) and 60.4345, or (2) Continuous parameter monitoring as follows: (i) For any lean premix stationary combustion turbine, you must continuously monitor the appropriate parameters to detennine whether the unit is operating in 10w-NOx mode. (ii) For any turbine that uses SCR to reduce NOx emissions, you must continuously monitor appropriate parameters to verify the proper operation of the emission controls. (iii) For affected units that are also regulated under part 75 of this chapter, with state approval you can monitor the NOx emission rate using the methodology in appendix E to part 75 of this chapter, or the low mass emissions methodology in §75.19, the requirements of this paragraph (b) may be met by perfonning the parametric monitoring described in section 2.3 of part 75 appendix E or in §75.19(c)(1)(iv)(H). 4,;.46 (4) § 60.4345 What are the requirements for the continuous emission monitoring system equipment, if I choose to use this option? Ifthe option to use a NOx CEMS is chosen: (a) Each NOx diluent CEMS must be installed and certified according to Perfonnance Specification 2 (PS 2) in appendix B to this part, except the 7-day calibration drift is based on unit operating days, not calendar days. With state approval, Procedure I in appendix F to this part is not required. Alternatively, a NOx diluent CEMS that is installed and certified according to appendix A of part 75 of this chapter is acceptable for use under this subpart. The relative accuracy test audit (RATA) of the CEMS shall be perfonned on a Ib/MMBtu basis. (b) As specified in §60.13(e)(2), during each full unit operating hour, both the NOx monitor and the diluent monitor must complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each I5-minute quadrant of the hour, to validate the hour. For partial unit operating hours, at least one valid data point must be obtained with each monitor for each quadrant of the hour in which the unit operates. For unit operating hours in which required quality assurance and maintenance activities are perfonned on the CEMS, a minimum of two valid data points (one in each of two quadrants) are required for each monitor to validate the NOx emission rate for the hour. ( c) Each fuel flowmeter shall be installed, calibrated, maintained, and operated according to the manufacturer's instructions. Alternatively, with state approval, fuel flowmeters that meet the installation, certification, and quality assurance requirements of appendix D to part 75 of this chapter are acceptable for use under this subpart. (d) Each watt meter, steam flow meter, and each pressure or temperature measurement device shall be installed, calibrated, maintained, and operated according to manufacturer's instructions. (e) The owner or operator shall develop and keep on-site a quality assurance (QA) plan for all of the continuous monitoring equipment described in paragraphs (a), (c), and (d) of this section. For the CEMS and fuel flow meters, the owner or operator may, with state approval, satisfy the requirements of this paragraph by implementing the QA program and plan described in section I of appendix B to part 75 of this chapter. (5) § 60.4355 How do I establish and document a proper parameter monitoring plan? (a) The steam or water to fuel ratio or other parameters that are continuously monitored as described in §§60.4335 and 60.4340 must be monitored during the perfonnance test required under §60.8, to establish acceptable values and ranges. You may supplement the perfonnance test data with engineering analyses, design specifications, manufacturer's recommendations and other relevant infonnation to define the acceptable parametric 4-47 ranges more precisely. You must develop and keep on-site a parameter monitoring plan which explains the procedures used to document proper operation of the NOx emission controls. The plan must: (1) Include the indicators to be monitored and show there is a significant relationship to emissions and proper operation of the NOx emission controls, (2) Pick ranges (or designated conditions) of the indicators, or describe the process by which such range (or designated condition) will be established, (3) Explain the process you will use to make certain that you obtain data that are representative of the emissions or parameters being monitored (such as detector location, installation specification if applicable), (4) Describe quality assurance and control practices that are adequate to ensure the continuing validity of the data, (5) Describe the trequency of monitoring and the data collection procedures which you will use (e.g., you are using a computerized data acquisition over a number of discrete data points with the average (or maximum value) being used for purposes of determining whether an exceedance has occurred), and (6) Submit justification for the proposed elements of the monitoring. If a proposed performance specification differs trom manufacturer recommendation, you must explain the reasons for the differences. You must submit the data supporting the justification, but you may refer to generally available sources of information used to support the justification. You may rely on engineering assessments and other data, provided you demonstrate factors which assure compliance or explain why performance testing is unnecessary to establish indicator ranges. When establishing indicator ranges, you may choose to simplify the process by treating the parameters as if they were correlated. Using this assumption, testing can be divided into two cases: (i) All indicators are significant only on one end of range (e.g., for a thermal incinerator controlling volatile organic compounds (VOC) it is only important to insure a minimum temperature, not a maximum). In this case, you may conduct your study so that each parameter is at the significant limit of its range while you conduct your emissions testing. If the emissions tests show that the source is in compliance at the significant limit of each parameter, then as long as each parameter is within its limit, you are presumed to be in compliance. (ii) Some or all indicators are significant on both ends of the range. In this case, you may conduct your study so that each parameter that is significant at both ends of its range assumes its extreme values in all possible combinations of the extreme values (either single or double) of all of the other parameters. For example, if there were only two parameters, A and B, and A had a range of values while B had only a minimum value, the combinations would be A high with B minimum and A low with B minimum. If both A 4-48 and B had a range, the combinations would be A high and B high, A low and B low, A high and Blow, A low and B high. For the case of four parameters all having a range, there are 16 possible combinations. (b) For affected units that are also subject to part 75 of this chapter and that have state approval to use the low mass emissions methodology in §75.19 or the NOx emission measurement methodology in appendix E to part 75, you may meet the requirements of this paragraph by developing and keeping on-site (or at a central location for unmanned facilities) a QA plan, as described in §75.19(e)(5) or in section 2.3 of appendix E to part 75 ofthis chapter and section 1.3.6 of appendix B to part 75 of this chapter. (6) § 60.4360 How do I determine the total sulfur content of the turbine's combustion fuel? You must monitor the total sulfur content of the fuel being fired in the turbine, except as provided in §60.4365. The sulfur content of the fuel must be determined using total sulfur methods described in §60.4415. Alternatively, if the total sulfur content of the gaseous fuel during the most recent performance test was less than half the applicable limit, ASTM D4084, D4810, D5504, or D6228, or Gas Processors Association Standard 2377 (all of which are incorporated by reference, see §60.17), which measure the major sulfur compounds, may be used. (7) § 60.4365 How can I be exempted from monitoring the total sulfur content of the fuel? You may elect not to monitor the total sulfur content of the fuel combusted in the turbine, if the fuel is demonstrated not to exceed potential sulfur emissions of 26 ng SOz/J (0.060 lb SOz/MMBtu) heat input for units located in continental areas and 180 ng SOz/J (0.42 lb SOz/MMBtu) heat input for units located in noncontinental areas or a continental area that the Administrator determines does not have access to natural gas and that the removal of sulfur compounds would cause more environmental harm than benefit. You must use one of the following sources of information to make the required demonstration: (a) The fuel quality characteristics in a current, valid purchase contract, tariff sheet or transportation contract for the fuel, specifying that the maximum total sulfur content for oil use in continental areas is 0.05 weight percent (500 ppmw) or less and 0.4 weight percent (4,000 ppmw) or less for non continental areas, the total sulfur content for natural gas use in continental areas is 20 grains of sulfur or less per 100 standard cubic feet and 140 grains of sulfur or less per 100 standard cubic feet for non continental areas, has potential sulfur emissions of less than less than 26 ng SOz/J (0.060 lb SOz/MMBtu) heat input for continental areas and has potential sulfur emissions of less than less than 180 ng SOz/J (0.42 lb SOz/MMBtu) heat input for non continental areas; or (b) Representative fuel sampling data which show that the sulfur content of the fuel does not exceed 26 ng SOz/J (0.060 lb SOz/MMBtu) heat input for continental areas or 180 ng 4-49 S02/J (0.42 lb S02/MMBtu) heat input for noncontinental areas. At a minimum, the amount of fuel sampling data specified in section 2.3 .1.4 or 2.3.2.4 of appendix D to part 75 of this chapter is required. (8) § 60.4375 What reports must I submit? (a) For each affected unit required to continuously monitor parameters or emissions, or to periodically determine the fuel sulfur content under this subpart, you must submit reports of excess emissions and monitor downtime, in accordance with §60.7(c). Excess emissions must be reported for all periods of unit operation, including start-up, shutdown, and malfunction. (b) For each affected unit that performs annual performance tests in accordance with §60.4340(a), you must submit a written report of the results of each performance test before the close of business on the 60th day following the completion of the performance test. (9) § 60.4395 When must I submit my reports? All reports required under §60.7(c) must be postmarked by the 30th day following the end of each 6-month period. (10) § 60.4400 How do I conduct the initial and subsequent performance tests, regarding NOX? (a) You must conduct an initial performance test, as required in §60.8. Subsequent NOx performance tests shall be conducted on an annual basis (no more than 14 calendar months following the previous performance test). (1) There are two general methodologies that you may use to conduct the performance tests. For each test run: (i) Measure the NOx concentration (in parts per million (ppm)), using EP A Method 7E or EP A Method 20 in appendix A of this part. For units complying with the output based standard, concurrently measure the stack gas flow rate, using EP A Methods 1 and 2 in appendix A of this part, and measure and record the electrical and thermal output from the unit. Then, use the following equation to calculate the NOx emission rate: E = 1.194 X 10-4 * (NO) '). * Q... p (Eq.5) Where: E = NOx emission rate, in Ib/MWh 1.194 x 10'7 = conversion constant, in lb/dscf-ppm 4-50 (NOx)c = average NOx concentration for the run, in ppm Qstd = stack gas volumetric flow rate, in dsctì'hr P = gross electrical and mechanical energy output of the combustion turbine, in MW (for simple-cycle operation), for combined-cycle operation, the sum of all electrical and mechanical output from the combustion and steam turbines, or, for combined heat and power operation, the sum of all electrical and mechanical output from the combustion and steam turbines plus all useful recovered thermal output not used for additional electric or mechanical generation, in MW, calculated according to §60.4350(t)(2); or (ii) Measure the NOx and diluent gas concentrations, using either EP A Methods 7E and 3A, or EP A Method 20 in appendix A of this part. Concurrently measure the heat input to the unit, using a fuel flowmeter (or flowmeters), and measure the electrical and thermal output of the unit. Use EP A Method 19 in appendix A of this part to calculate the NOx emission rate in Ib/MMBtu. Then, use Equations 1 and, if necessary, 2 and 3 in §60.4350(t) to calculate the NOx emission rate in IblMWh. (2) Sampling traverse points for NOx and (if applicable) diluent gas are to be selected following EP A Method 20 or EP A Method 1 (non-particulate procedures), and sampled for equal time intervals. The sampling must be perfonned with a traversing single-hole probe, or, if feasible, with a stationary multi-hole probe that samples each of the points sequentially. Alternatively, a multi-hole probe designed and documented to sample equal volumes from each hole may be used to sample simultaneously at the required points. (3) Notwithstanding paragraph (a)(2) of this section, you may test at fewer points than are specified in EP A Method 1 or EP A Method 20 in appendix A of this part if the following conditions are met: (i) You may perfonn a stratification test for NOx and diluent pursuant to (A) The procedures specified in section 6.5.6.1(a) through (e) of appendix A of part 75 of this chapter. (ii) Once the stratification sampling is completed, you may use the following alternative sample point selection criteria for the perfonnance test: (A) If each of the individual traverse point NOx concentrations is within ±10 percent of the mean concentration for all traverse points, or the individual traverse point diluent concentrations differs by no more than ±5ppm or ±0.5 percent CO2 (or O2) from the mean for all traverse points, then you may use three points (located either 16.7, 50.0 and 83.3 percent of the way across the stack or duct, or, for circular stacks or ducts greater than 2.4 meters (7.8 feet) in diameter, at 0.4, 1.2, and 2.0 meters from the wall). The three points must be located along the measurement line that exhibited the highest average NOx concentration during the stratification test; or (B) For turbines with a NOx standard greater than 15 ppm @ 15% O2, you may sample at a single point, located at least 1 meter from the stack wall or at the stack centroid if each 4-51 of the individual traverse point NOx concentrations is within ±5 percent of the mean concentration for all traverse points, or the individual traverse point diluent concentrations differs by no more than ±3ppm or ±0.3 percent C02 (or O2) from the mean for all traverse points; or (C) For turbines with a NOx standard less than or equal to 15 ppm @ 15% O2, you may sample at a single point, located at least 1 meter from the stack wall or at the stack centroid if each of the individual traverse point NOx concentrations is within ±2.5 percent of the mean concentration for all traverse points, or the individual traverse point diluent concentrations differs by no more than ±lppm or ±0.15 percent C02 (or 02) from the mean for all traverse points. (b) The performance test must be done at any load condition within plus or minus 25 percent of 100 percent of peak load. You may perform testing at the highest achievable load point, if at least 75 percent of peak load cannot be achieved in practice. You must conduct three separate test runs for each performance test. The minimum time per run is 20 minutes. (1) If the stationary combustion turbine combusts both oil and gas as primary or backup fuels, separate performance testing is required for each fuel. (2) For a combined cycle and CHP turbine systems with supplemental heat (duct burner), you must measure the total NOx emissions after the duct burner rather than directly after the turbine. The duct burner must be in operation during the performance test. (3) If water or steam injection is used to control NOx with no additional post-combustion NOx control and you choose to monitor the steam or water to fuel ratio in accordance with §60.4335, then that monitoring system must be operated concurrently with each EP A Method 20 or EP A Method 7E run and must be used to determine the fuel consumption and the steam or water to fuel ratio necessary to comply with the applicable §60.4320 NOx emission limit. (4) Compliance with the applicable emission limit in §60.4320 must be demonstrated at each tested load level. Compliance is achieved if the three-run arithmetic average NOx emission rate at each tested level meets the applicable emission limit in §60.4320. (5) If you elect to install a CEMS, the performance evaluation of the CEMS may either be conducted separately or (as described in §60.4405) as part of the initial performance test of the affected unit. (6) The ambient temperature must be greater than 0 OF during the performance test. (11) § 60.4405 How do I perform the initial performance test if I have chosen to install a NOX-diluent CEMS? 4-52 If you elect to install and certify a NOx-diluent CEMS under §60.4345, then the initial performance test required under §60.8 may be performed in the following alternative manner: (a) Perform a minimum of nine RATA reference method runs, with a minimum time per run of 21 minutes, at a single load level, within plus or minus 25 percent of 100 percent of peak load. The ambient temperature must be greater than 0 OF during the RATA runs. (b) For each RATA run, concurrently measure the heat input to the unit using a fuel flow meter (or flow meters) and measure the electrical and thermal output from the unit. (c) Use the test data both to demonstrate compliance with the applicable NOx emission limit under §60.4320 and to provide the required reference method data for the RATA of the CEMS described under §60.4335. (d) Compliance with the applicable emISSIOn limit in §60.4320 is achieved if the arithmetic average of all of the NOx emission rates for the RATA runs, expressed in units of ppm or Ib/MWh, does not exceed the emission limit. (12) § 60.4410 How do I establish a valid parameter range if I have chosen to continuously monitor parameters? If you have chosen to monitor combustion parameters or parameters indicative of proper operation of NOx emission controls in accordance with §60.4340, the appropriate parameters must be continuously monitored and recorded during each run of the initial performance test, to establish acceptable operating ranges, for purposes of the parameter monitoring plan for the affected unit, as specified in §60.4355. (13) § 60.4415 How do I conduct the initial and subsequent performance tests for sulfur? (a) You must conduct an initial performance test, as required in §60.8. Subsequent S02 performance tests shall be conducted on an annual basis (no more than 14 calendar months following the previous performance test). There are three methodologies that you may use to conduct the performance tests. (1) If you choose to periodically determine the sulfur content of the fuel combusted in the turbine, a representative fuel sample would be collected following ASTM D5287 (incorporated by reference, see §60.17) for natural gas or ASTM D4177 (incorporated by reference, see §60.17) for oil. Alternatively, for oil, you may follow the procedures for manual pipeline sampling in section 14 of ASTM D4057 (incorporated by reference, see §60.17). The fuel analyses of this section may be perfqrmed either by you, a service contractor retained by you, the fuel vendor, or any other qualified agency. Analyze the samples for the total sulfur content of the fuel using: 4-53 (i) For liquid fuels, ASTM D129, or alternatively D1266, D1552, D2622, D4294, or D5453 (all of which are incorporated by reference, see §60.17); or (ii) For gaseous fuels, ASTM DI072, or alternatively D3246, D4084, D4468, D4810, D6228, D6667, or Gas Processors Association Standard 2377 (all of which are incorporated by reference, see §60.17). (2) Measure the SOz concentration (in parts per million (ppm)), using EP A Methods 6, 6C, 8, or 20 in appendix A of this part. In addition, the American Society of Mechanical Engineers (ASME) standard, ASME PTC 19-10-1981-Part 10, "Flue and Exhaust Gas Analyses," manual methods for sulfur dioxide (incorporated by reference, see §60.17) can be used instead of EP A Methods 6 or 20. For units complying with the output based standard, concurrently measure the stack gas flow rate, using EP A Methods 1 and 2 in appendix A of this part, and measure and record the electrical and thennal output ftom the unit. Then use the following equation to calculate the SOz emission rate: E = 1 .664 X 10-'1 * (SO~). * Q.,¡ (Eq.6) P Where: E = 802 emission rate, in Ib/MWh 1.664 x 10-7 = conversion constant, in lb/dscf-ppm (802)c = average 802 concentration for the run, in ppm Qstd = stack gas volumetric flow rate, in dscf/hr P = gross electrical and mechanical energy output of the combustion turbine, in MW (for simple-cycle operation), for combined-cycle operation, the sum of all electrical and mechanical output from the combustion and steam turbines, or, for combined heat and power operation, the sum of all electrical and mechanical output from the combustion and steam turbines plus all useful recovered thennal output not used for additional electric or mechanical generation, in MW, calculated according to §60.4350(f)(2); or (3) Measure the SOz and diluent gas concentrations, using either EP A Methods 6, 6C, or 8 and 3A, or 20 in appendix A of this part. In addition, you may use the manual methods for sulfur dioxide AS ME PTC 19-10-1981-Part 10 (incorporated by reference, see §60.17). Concurrently measure the heat input to the unit, using a fuel flowmeter (or flowmeters), and measure the electrical and thennal output of the unit. Use EPA Method 19 in appendix A of this part to calculate the SOz emission rate in Ib/MMBtu. Then, use Equations 1 and, if necessary, 2 and 3 in §60.4350(t) to calculate the SOz emission rate in IblMWh. Mercury Continuous Emissions Monitoring System 1. Within 24 months of commencing operation, the owner or operator shall install and certify a mercury CEMS demonstrated to meet the requirements in Perfonnance 4-54 Specification 12A (PS-12A), "Specifications and Test Procedures for Total Vapor Phase Mercury Continuous Monitoring Systems in Stationary Sources," or that has passed verification tests conducted under the auspices of the U.S. Environmental Protection Agency's (EPA) Environmental Technology Verification (ETV) Program. If the vendor provides to the St. Lucie ERD verification of certification difficulties such that the CEMS cannot be certified by the certification deadline, and every reasonable effort has been made to do so, the St. Lucie ERD shall grant a reasonable extension of time to certify the CEMS. After certification the owner or operator will begin reporting Hg mass emissions data. The owner or operator shall adhere to the calibration drift and quarterly performance evaluation procedures and ongoing data quality assurance procedures in 40 CFR Part 60, Appendix F or 40 CFR Part 75, Appendix B. The mass emissions shall be estimated based on the actual data collected no later than 10 days following the end of the month. The mercury monitoring data results shall be submitted quarterly. The CEMS shall only be used as the method of compliance if the owner or operator, at a minimum, meets the requirements of 40 CFR 60.58b(n). Prior to use of the Hg-CEMS as the method to demonstrate compliance, the owner or operator shall submit written notice to the St. Lucie ERD, and receive approval for missing data substitution and a data calculation approach plans. Geoplasma Regulatory Emission Standards March 6, 2007 New Source Review/Prevention of Significant Deterioration. 40 CFR 52.21 52.21 (b) (1) (i) Major stationary source means: (a) Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant (emphasis added): Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants, fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input, petroleum storage and transfer units with 4-55 a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants; 52.21 (b) (50) Regulated NSR pollutant, for purposes of this section, means the following: (i) Any pollutant for which a national ambient air quality standard has been promulgated and any constituents or precursors for such pollutants identified by the Administrator (e.g., volatile organic compounds and NOx are precursors for ozone); (ii) Any pollutant that is subject to any standard promulgated under section 111 of the Act; (iii) Any Class I or II substance subject to a standard promulgated under or established by title VI of the Act; or (iv) Any pollutant that otherwise is subject to regulation under the Act; except that any or all hazardous air pollutants either listed in section 112 of the Act or added to the list pursuant to section 112(b)(2) of the Act, which have not been delisted pursuant to section 112(b)(3) ofthe Act, are not regulated NSR pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act. As noted above, all of these pollutants have a 100 tons per year threshold. Carbon monoxide Nitrogen oxides Sulfur dioxide Particulate matter: PMlO emissions PM2.5 emissions* Ozone Lead Fluorides Sulfuric acid mist 4-56 Hydrogen sulfide (H2S) Total reduced sulfur (including H2S) Reduced sulfur compounds (including H2S) Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) Municipal waste combustor metals (measured as particulate matter) Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride) *PM2.5 emissions added per vendor . Municipal Waste Combustor New Source Performance Standard-40 CFR 60--Subpart Eb (Citations are from 40 CFR 60.52b except as noted) (a)(1)(ii) Particulate Matter emission limit is 20 milligrams per dry standard cubic meter, corrected to 7 percent oxygen. (a)(2) Opacity. No owner or operator of an affected facility shall cause to be discharged into the atmosphere from that affected facility any gases that' exhibit greater than 10 percent opacity (6-minute average). (a)(3)(ii) Cadmium emission limit IS 10 mIcrograms per dry standard cubic meter, corrected to 7 percent oxygen. (a)(4)(ii) Lead emission limit is 140 micrograms per dry standard cubic meter, corrected to 7 percent oxygen. (a)(5)(ii) Mercury emission limit is 50 micrograms per dry standard cubic meter, or 15 percent of the potential mercury emission concentration (85-percent reduction by weight), corrected to 7 percent oxygen, whichever is less stringent. (b )(1) Sulfur dioxide in excess of 30 parts per million by volume or 20 percent of the potential sulfur dioxide emission concentration (80-percent reduction by weight or volume), corrected to 7 percent oxygen (dry basis), whichever is less stringent. The averaging time is specified under §60.58b(e). 4-57 (b )(2) Hydrogen chloride in excess of 25 parts per million by volume or 5 percent of the potential hydrogen chloride emission concentration (95-percent reduction by weight or volume), corrected to 7 percent oxygen (dry basis), whichever is less stringent. (c )(2) Dioxinlfuran total mass emissions that exceed 13 nanograms per dry standard cubic meter (total mass), corrected to 7 percent oxygen (d)(1) Nitrogen Oxides. During the first year of operation after the date on which the initial performance test is completed, the emission limit for nitrogen oxides is in excess of 180 parts per million by volume, corrected to 7 percent oxygen (dry basis). The averaging time is specified under §60.58b (h)(d)(2) After the first year of operation following the date on which the initial performance test is completed.. . nitrogen oxides in excess of 150 parts per million by volume, corrected to 7 percent oxygen (dry basis). The averaging time is specified under §60.58b (h). 60.53b (a) Carbon Monoxide: No appropriate combustor type category in 60.53b (a) Table 1. Proposed 100ppm but will need to be negotiated with FDEP. 60.53b (c) Temperature Control. No owner or operator of an affected facility shall cause such facility to operate at a temperature, measured at the particulate matter control device inlet, exceeding 17°C above the maximum demonstrated particulate matter control device temperature as defined in §60.51b, except as specified in paragraphs (c)(I) and (c)(2) ofthis section. The averaging time is specified under §60.58b (i). The requirements specified in this paragraph apply to each particulate matter control device utilized at the affected facility. 60.53b (b) Operating Load. No owner or operator of an affected facility shall cause such facility to operate at a load level greater than 110 percent of the maximum demonstrated municipal waste combustor unit load as defined in §60.51b, except as specified in paragraphs (b)(1) and (b )(2) of this section. The averaging time is specified under §60.58b (i). 60.55b Fugitive ash emissions. On and after the date on which the initial performance test is completed or is required to be completed under §60.8 of subpart A of this part, no owner or operator of an affected facility shall cause to be discharged to the atmosphere visible emissions of combustion ash from an ash conveying system (including conveyor transfer points) in excess of 5 percent ofthe observation period (i.e., 9 minutes per 3-hour period), as determined by EP A Reference Method 22 observations as specified in §60.58b(k), except as provided in paragraphs (b) and (c) of this section. 60.54b Operator Training and Certification. This section contains the provisions for operator training and certification. 4-58 Standards of Performance for Stationary Combustion Turbines. 40 CFR 60 Subpart KKKK 60.4330(a) Sulfur dioxide. (1) You must not cause to be discharged into the atmosphere ITom the subject stationary combustion turbine any gases which contain S02 in excess of 110 nanograms per Joule (ng/J) (0.90 pounds per megawatt-hour (lb/MWh)) gross output, or (2) You must not bum in the subject stationary combustion turbine any fuel which contains total potential sulfur emissions in excess of 26 ng S02/J (0.060 lb S02/MMBtu) heat input. If your turbine simultaneously fires multiple fuels, each fuel must meet this requirement. 60.4325 Nitrogen Oxides. Both standards are presented as the project size has not yet been finalized. Table I_to Subpart KKKK of Part 60_Nitrogen Oxide Emission Limits for New Stationary Combustion Turbines Combustion turbine Combustion turbine type heat input at peak NOX emission load (HHV) standard New turbine firing fuels other > 50 MMBtu/h 74 ppm at 15 than natural gas and [le] 850 percent 02 or 460 MMBtu/hng/J of useful output (3.6 lb/MWh). New, modified, or reconstructed > 850 MMBtu/hr 42 ppm at 15 turbine firing fuels other than percent 02 or 160 natural gas. ng/J of useful output (1.3lb/MWh) National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines. 40 CFR 63 Subpart YYYY The proposed Geoplasma turbine qualifies for the following exemption. 63.6090(b) Subcategories with limited requirements. (2) A stationary combustion turbine which bums landfill gas or digester gas equivalent to 10 percent or more of the gross heat input on an annual basis, or a stationary combustion turbine where gasified municipal solid waste (MSW) is used to generate 10 percent or more of the gross heat input on an annual basis does not have to meet the requirements of this subpart except for: (i) The initial notification requirements of §63.6145(d); and (ii) Additional monitoring and reporting requirements as provided III §63.6125(c) and §63.6150. Or 4-59 §63.6095(d) Stay of standards for gas-fired subcategories. If you start up a new or reconstructed stationary combustion turbine that is a lean premix gas-fired stationary combustion turbine or diffusion flame gas-fired stationary combustion turbine as defined by this subpart, you must comply with the Initial Notification requirements set forth in §63.6145 but need not comply with any other requirement öf this subpart until EP A takes final action to require compliance and publishes a document in the Federal Register. If the exemption is not claimed, the standards would be: Table 1 to Subpart YYYY of Part 63 Emission Limitations As stated in §63.6100, you must comply with the following emission limitations For each new or reconstructed stationary combustion turbine described in § You must meet the following 63.6100 which is emission limitations 1. a lean premix gas-fired stationary limit the concentration of combustion turbine as defined in this formaldehyde to 91 ppbvd subpart, or less at 15 percent 02. 4-60 In ~ ..;¡ ;;;¡ ~ ~ == u çn <I) <I) <I) <I) <I) <I) <I) <I) <I) <I) <I) <I) <I) <I) <I) u u C) u u u U u u u u u u u u ã ã ã ã ã ã ã ã ã ã ã ã ã ã ã ã ã ã ã E ã E ã ã ã ã ã ã ã ã ..s ..s..s ..s ..s ..s ..s 'ê ..s ..s ..s ..s '5 ..s..s 13 [) ~ 13 13 13 13 4) 13 13 13 13 13 13 ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ .¡!¡ 4) 4) 4) 4) 4) 4) 4) 4) 4) 4) 4) 4) 4) 4) 4) u u u u u ~ U U U U ~ U U U U '" ã ... ... g ... ... ã ã ã ã !3 ã ã =I 5 5 5 5 5 5 = ~ ~ ~ ~ ~ 0 ~ ~ Cf) Cf) Cf) Cf) Cf) Cf) Cf) Cf) S ... ... ... ... 5 ... S S S 5 § ... § § 0 0 0 0 0 0 0 ¡:: ¡:: ¡:: ¡:: .S .S 0 0 0 ¡:: ¡:: U ~ ~ ~ ~ U U U ~ U ~ U U Cf) ~ ~ Cf) Cf) Cf) Cf) Cf) Cf) ~ Q Q Q Q Q 0 ~ ~ ~ Q ~ 0 ~ ~ Cf) Cf) Cf) Cf) Cf) Cf) Cf) Z Cf) Cf) Cf) Cf) Cf) çn Z Z Z Cf) Z Cf) Z Z ~ ~ ~ ~ ~ ~ ~ ~ <II .... .!::j Q., .... çn -= ~ N - <') trI trI <II 0 0 0 0 0 <II ~ ~ ~ 0\ 0\ 0\ 0\ I ~ ~ 0\ ~ ~ ~ I ... ~ ~ ~ - - - 0\ 0\ 0\ 0\ 0\ 0 \0 0\ r- 0\ - r- ... "'" '<t '<t '<t '<t 0\ 0\ 0\ N ~ r- '<t 0\ 0\ '<t 0\ = N ..¡. N N ~ C) <') .... "CI .... <II C) <II Z ~ ~ ~ .¡!¡ Cf) ~ ~ Cf) Cf) ¡:: ¡:: Cf) Cf) Cf) Cf) Cf) ~ Cf) Cf) ~ '" ~ f-< f-< ~ ~ ~ ~ ~ ~ ~ f-< ~ ~ = =I Cf) Cf) Cf) Cf) Cf) Cf) Cf) Cf) Cf) Cf) = <II = Z ~ ~ Z Z ~ ~ Z Z Z Z Z ~ Z Z = :ë .-c = .... ~ = C) N - - trI trI = ¡s:; < -; trI '<t ~ 0 0 0 0 0 "'0\ ~ ~ 0\ I I I \0 I ~ ~ I = = . N N <') 0\ ~ ~ ~ IÓ ~ ~ U = C)- - - 00 <') <') 0\ 0 '<t r- 0\ - r- = ....'<t '<t '<t - '<t - 0\ N N - 00 0\ 0\ '<t 0\ U < N ,...; - N N c; .-; = C) "0 .... "0 "0 "0 "0 "0 .... Õ Õ Õ Õ Õ Õ = ... ..<:: ~ ..<:: ~ ..<:: ..<:: = '" '" '" '" 4) 4) 4) 4) 4) 4) .... ... ... ¡5 ... ¡5 ~ '" = Cf) t: t: Cf) Cf) Cf) Cf) Cf) Cf) Cf) Cf) t: c; ~ 4) 4) ~ Cf) ~ Cf) ~ 4) ~ ~ ~ ~ ~ 4) 4) 4) = .¡!¡ Cf) u u Cf) ~ Cf) ~ Cf) e Cf) Cf) Cf) Cf) Cf) u u u Z ... ... Z Cf) Z Cf) Z Z Z Z Z Z ... ... ... is '" = 5 z z = 5 5 5 = U 0 U U U 0 U U U U U '" = Cf) Cf) f-< ø Cf) Cf) Cf) = ~ ~ ~ f-< ~ ~ ~ ~ ~ ~ - ... ... U U ... .g ... ... ~ ~ .g .g ~ ~ ~ .g ~ ~ ~ ~ ~ .g .g ~ '" '" '" '" '" '" ~ ~ ~ ~ ~ ~ çn Q Q 0 0 Q Q ~ Cf) Cf) Cf) Cf) Cf) Cf) ~ ~ ~ ~ ~ ~ ~ = C) ..... ~ u u § .e u u u U § 5 5 5 u 5 § .e '" "0 "0 "0 ~ "0 ~ <II "0 > .... .... > ~ > '" ~ '" > '" ... 'ë ~ ~ ~ ~ ~ "0 ~ ~ ~ = 0 0 0 ÕiJ 0 0 0 ;:s 0 0 0 0 0 0 ..;¡ 00 - - - ;: ;: ;: ¡:: - - - 0 0 0 ~ 0 v v 0 N 0 V 0 0 0 trI <') V V V 0\ trI '<t çn 0 ...., 0 - '<t trI - - trI N - II) Cf) ~ ~ Cf) Cf) Cf) Cf) Cf) ~ Cf)Cf) Cf)Cf) Cf) ~ ~ ~ '3 ~ ~ ~ ~ ~ ~ ~~ ~~ ~ Cf) Cf) Cf) Cf) Cf) Cf) Cf) Cf) CI) CI) CI) CI) CI) Cf) CI) CI) Cf) ~ z z z z z z z z z zz zz z z z z '" 4) '" ~ ¡{j ] u .... Q c:¡ .~ = '" U 4) = ~ ;: U "0 .... N N X 0 "O~ ~ -e: 'ü ~ ... .s ~~ ~ 0 0 U 0 U~ uQ 0 Cf) z :> ::r::Q -< U Q ~ ~ ~ U ~ U U ~ ~ ~ ~ ~ ~ ¡,; II) ~ z (§) "0 ~!:J 4) 2..9 5 § .....~ ~ ~ ~ 4) t: 4) ]!a '8 !a t) ..<:: ^ 'E ~ .~ ~ ~ ~ (Q .9 .... .rJ 1d ~~ ~ E ..9 ·ß :> ::::. 4) '~.5 ;> U 4)U ~ ";J. § !a8- '" ~ ~ 1;j ~ g ¡ 0 ::r:: ..94) r;;;;,,\ '"'" U .Þ "=V ~ ~ã;.::: J! ~ Bã~ ª 4) ]'5ª' '"¡) ^ t: SQ.,u cE '" ...-:- ~¡::GiJ "0 .~ 0; '" ,9 ..9 4) ~ .¡:: 4) '" 0 " 4);: .¡!¡ ¡:: '" È 1;j o;S"<:: ¡¡¡ ~ S >4)~ .( ~ d .!:= ::: g";J. ] 4) '" 0 ¿ '... trI ¡:: 0;> S -!3 Ot)N" ... .~ E (§) .; '3 S 8 ¡::: "'..<:: 'E g'.¡< § ¡:: § '" :s '" "'.... ..su'" I 1::S~ ¡:: "0 ....= ~ 4) 4)'¡::; .... ã =.... Õ ...-:- ~ !a ii3 SbJo.^("f"') ..r::--=~""" .... a' 0 ....E 4) "'.@ ~ .... (§) .~ B :;..9 ... "0134) "0",_"'0 ;»4)... 4)s~~¡:: @ .S.a .s"O ~ 0; .9 .s ë·s "S .g..9 > 'E .S"O S 8 5 < E 8- "E ã~· o;~..,; ~~ Q., ¡:: s:: 'r: \0 § ~- ~ .~ ~ ij) 0\ ..... &] ã ~ ~ 1d ~.s .... ~ ëi.."OO SO"O]'" ¡::]8...-:- ~o'ð ~ 4)..9 O_lI")_Q) ...00 U (1) 0"",,, (Q Q'-'" II) >< (,) "0 .5 r;;;;,,\.¡:: 0;'" 4) ... 4) 4) "=V B ~.¡:: ~ 0 5 ¡{j"04)"''''4)4)'''''' ..D.8.Ee~êØCI)õ8 ~ ~ ~] 6 S !a Z '¡¡j' ~ a/J"O ~ ~ ~-d S '00' ".s 5 '-' ¡:: 8 õ ¡:: ¡::"'1;j-¡::'-'u..<::òj .9 t) ~.::, æ ~ ~ ~.:¡¡ ·-;:4)-~4)S''''''' "0 'õ' .. t: Q.. 0"<:: '" § ~] [.: ~ z ; ~ u<I)8Q..4)<')0~¡:: "O£¡¡¡\OcE~¡::;: :S 4) '" 0\"0 ."0 0 '!::' ~~(Q~ooã:::s Q.,4) 4)o"O^4) 0 4) :g g? ~ (§).§]:g .~;§ ¡::òj a/J~4):>"'''' òj -B ~ ::r:: 4) 1;j 0 ã'~ "Oã o'P"O£ 8:::::-", ã .......OOs::::::...-I (Q'::¡:::¡CU ......~ Cd -== "'t::S '-' CIJ ~ II) ~ B ..'~ ~ rJ ~ CIJ :ë 0'="'1 U ..-.. ::S._ ::) - 'ëi) '" 1J ~.~] S 0; 0 > ~rn(Q(Q.....'-';>""'.!! ..9 4) -B ~.~ ~ ¡::] '" 0; !a à ~ g g,.9."g 1:: ';; ~ ;.:: ~ ~ ~ ~.s ~ ~ ,g ~";J. ~ ~ 'ë:: !5. 0; .5 O""! !a <') 4) 0 4) >~'õ3°CIJÓ~§::: ¡:: Q., cE (§) ¡:: 4) ~.... 0 ox 0~",1;j4) ..... C1J bQ OJ 0c;; 0 .....~- ~ 4) ,S .§ .~ ....@ S 2 ï3 U ~ 0 8 ¡;:;'-;.::: .... 4) ã..9:2 4)~ ~ ¡::~ ... ¡:::-u a/JO ¡:: 0"0 '@ §..s =::r:: ~ ã'~ ~ t.t=i II.) 'èf:. (1).... ..... 0 ~ &t::; t: ;~ 5:;¡ 1:: 4) S Q.. 'g. <I) "0 ã ",. <I) 1;j ... .~ 0; 5- ...; N ,...; ..¡. o Ó ::!, \0 "0 ~ !a ~ "0 U ã 0 Ci5 ~ 4) "0 U !a ã "0 ã ã § ~ rï5 O"ª Q.) (1) 8 ~ U .¡:: <I) ã 4) ~ ã õ 5 ..s e CI)!:J 13 13 ã ~ ~ õõ~ z 8 '"0 S S'8 .... ~ B.::a C) b.O B 0 o........c:.öt:ïj ~ Cf) ~..sgg't; ~ ~ 8u'E'P¡:: ¡::¡ <1.) .- ~ - 0 o Z .~ 1J "0 .g 'p U 4) '" U ã ã 5 <1.) ~ .r:J"'tjt}......> ~:ë .g~.g~£ ~ ~ §.§...~~ Cd ~ :.= rn ~ ~ .~ Q.. 0 -:.., _>... :§ :ë"'¡;¡ 'š -àî3 Š ~ 'š §~.E !:J!:J"'O:S4)4)~ ~~S,,",!aQ..Q..~5b~B'"O .. Q..o~ ~~ ~13 0 50;13 CI) ~ U ... ¡ij........ ã Cf)'p Q.. ~~ci) 8-~ð~z ~ 5 ~ zO·~t~ü......š§žæ¡:: u\Oz 8.B~ ~ ~ "'...... ~~ ~..S"O"O"OQWQ ~tJb~~g;11~~g;t¡:: - I trI -ë = <II t) ) <II ...;¡ '"'" ö CI) "0 ã Ü ::r:: '-' '" U ~,,",è g ¡ ~ '" :g è'å ~ ~ ~ 8 ~ a t:j 8 5 Ëa1n 8 ... ;: o"'~ U .E S ¡:: 4) " 0 =0 rn 1;:)50 813 ] ¡g"'uB u .... ... òj ~ 4) '" 'š ~ 0 J! 0; ~ ; ;2 N S' '"0 .13' ~ 0; ... 8 4) ã'2 0; .S< ~ <1.) /U 0 "'tj rn ::s.~.~ 13 t:¡g ~ '"0 .... ·...0... .S "'" .~ S t '" '" "0.... ã x """ ... '" S "'.g.... ~ a/J - 0 .. ¡:: ~ 8 4) 4).... ~ ¡:: ... ~ .... ~ ;: 4)1;j1;j~ 00 ¡::Q¡{j~¡'; E "8 "8:a 5 S ~ S ~ ¡i; c:¡ ~ .~ g .....-2 13 eo § E .E! ~ 8 UQ :g $, ~ .... ~ ¡ij "" ....,.c 0 8 u '"0 U - ... ~~~"3Z!a:>]]!:J.Çe:-<::;Eo ~ '6 '0C1) .. U .. U j ~ ~ Q U U U ~:ii6'6ög-i:i.ö ¡,j¡ü8~~~ ~~~CI)ZU>U~::r::::r::ø..~~~ ¡¡' Q U e: Q Q I/) ~ ..;¡ þ ~ ~ == u 00 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ u u u u u u u u u u u u u u u ¡:: ¡:: æ æ æ æ æ æ æ æ æ æ æ æ æ t':I t':I f§ f§ f§ f§ f§ f§ f§ f§ f§ f§ f§ f§ f§ f§ f§ cg c.8 cg c.8 cg cg c.8 c.8 c.8 c.8 c.8 cg cg cgcg .... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ø. ø. ø. ø. ø. ø. ø. ø. ø. ø. ø. ø. ø. ø.ø. .r!3 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ u ~ u u u u u u u ~ u '" .... .... æ æ æ g æ .... æ 0:1 6 6 6 ;: 6 g ;: = 0 ] ]. ]. ]. 0 :g CI) CI) CI) CI) CI) CI) CI:) CI) CI) CI) .... .... .... .... .... .... .... § § S .... S 5 .... S 0 0 0 0 0 0 0 0 0 ¡:: ¡:: ¡:: ¡:: .5 ¡:: ¡:: 0 .5 0 .5 .5 0 ~ ~ ~ ~ :E ~ ~ U U U :E U :E :E U CI) CI) CI) CI) CI) Q Q Q Q Q Q Q ø. ø. ø. Q ø. Q Qø. CI) CI) CI:) CI) CI)CI) CI) CI) CI) CI) CI) CI) CI) Z Z Z CI) Z CI) ø.Z ø. ø. ø. ø. ø. ø. ø. ø. ø. ~ .... N Q.. .... .... 00 0¿- N ..... N V"> V"> I~ ~ 0 0 0 0 0 ~ a-, a-, a-, a-, a-, a-, a-, , d¡ , a-, , a-, a-, d¡ ... 0\ 0\ 0\ 0\ 0\ 0\ 0\ ¡¡¡ ¡¡¡ 0\ ¡¡¡ 0\ 0\ ~ 'l:> ..... <""> N N ... [o¡i a-, a-, a-, '<:t a-, a-, a-, 00 'l:> "': '<:t a-, a-, a-, ~ 0:1 \Ó 0\ 00 ~ Q ..... 00 .... 'C .... ~ Q ~ Z ~ ~ ~ .r!3 CI) ¡¡¡ ¡¡¡ CI) CI) ¡¡¡ ¡¡¡ CI) CI) CI) CI) CI:) ¡¡¡ ¡¡¡ ¡¡¡ Eo< '" ø. ø. ø. ø. ø. ø. ø. ø. = 0:1 CI) E-< E-< CI) CI) E-< E-< CI) CI) CI) CI) CI) E-< E-< E-< = QI = Z ø. ø. Z Z ø. ø. Z Z Z Z Z ø. ø. ø. = :is tf') 0:1 .... ~ = oS N ..... ..... V"> V"> 0:1 ~ < -; ",'l:> ~ ~ 'l:> ..... 0 0 0 0 t- O 0 r-: a-, I , d¡ , a-, a-, d¡ ;: = . V"> V"> r-: 0\ 0\ ¡¡¡ ¡¡¡ 0\ ¡¡¡ 0\ 0\ U = QV"> N N '<:t a-, a-, 'l:> ..... <""> V"> N N = ....~ ..... ..... V"> N <""> a-, 00 'l:> '<:t N a-, a-, a-, a-, U -< ..... \Ó 0\ r-i 00 00 ø .... = 0 .... "0 "0 "0 "0 "0 "0 .... Õ Õ Õ Õ Õ Õ 0:1 ... ~ ~ ..<:: ~ ..<:: ..<:: !5 '" '" '" ~ ~ ~ ~ ~ ~ '" ~ ~ l3 ~ ~ 0:1 CI) CI) CI) CI) ~ CI) CI) CI) CI) CI) E-< ø ø. ~ ~ ø. CI) ø. CI) ø. ~ ø. ø. ø. ø. ø. ~ ~ ~ 0:1 .r!3 CI) u u CI) ø. CI) ø. CI) u CI) CI:) CI) CI) CI) ~ ~ U Z .... .... Z CI) Z CI) Z g Z Z Z Z Z .... = '" ;: g Z Z g ;: 0:1 U 0 U U U U U U U U 0 0 '" = ::= CI) CI) ::= E-< ::= f-< ::= CI) ::= ::= ::= ::= ::= CI) CI) CI) 0:1 - .... .... U U .... .... .... .... ~ :E ,g .g :E :E :E ,g :E :E :E :E :E 0 .~ .g ~ '" '" '" .~ '" '" :E :E :E :E :E :E 00 Q Q Q Q Q Q ~ CI) CI) CI) CI) CI) CI) ø. ø. ø. ø. ø. ø. = = 0 .... U u !§ B u ~ u u u § § § S u § B § '" ~ "0 ~ ~ "0 § ~ "0 > u .~ .... 1i ~ ~ '" I~ '" > I~ 'S¡ ~ ~ ~ ~ "0 ~ = 0 0 0 'Bb 0 0 0 ~ 0 0 ;:9 0 0 0 0 ..;¡ 00 ..... ..... ..... ;: ;: ;: ¡:: ..... ..... ..... 0 0 0 ...¡ 0 V V 0 a-, N 0 V 0 0 0 V"> <""> V V V V"> '<:t 00 0 <""> ,0 ..... '<:t V"> ..... ..... V"> N ..... Q,¡ CI) ~ ~ CI) CI) CI) CI) CI)~ CI) CI) CI:) CI) CI) ~ ~ ~ '3 ø. ø. ø. ø. ø. ø. ø.ø. ø. ø. CI) CI) CI) CI) CI) CI) CI) g:¡CI) CI) CI)CI) CI) CI) CI) CI) CI) ~ Z Z Z Z Z Z Z Z Z Z ZZ Z Z Z Z Z '" ~ '" ~ ~ '" U .... Q 0 0; 'æ = U Õ 0:1 o "., N >< OU "0 :E .... :E - N "0 .J:J b/) U ~ ·Õ Õ .= :E:E ° 0 uO U ø. ::r:: ø. CI) Z ::r:: Q -< U Q ø.ø. > Q ::= U ø. U U ::= ø. ::= :E :E :E ;.; Q,¡ .... Q Z r;;;,\ "0 ~ ~ '.:::;; ~ 2 -5 5 §'" ....·õ b/) '" .J:J ~ ,g '" -as!a '8 11) Õ ..c ~ : 'E'~ .~ § ~ ~ $ .~ ~ ~ ç J:: -5.9 "'c:s 5 "OJ +-I....'" "-" U O.)U '$ § !a & V"> u >< N b/) 1;j~ o ::r:: -5 ~ r;;;,\ ~ ,-... u Þ '.:::;; ;;> ~æ;.::: ..ã ~ Bf§~ ..... 0; c.8 Q.. ¡;¡ ~ ã~13 ] '<ñ' ,-... æ~~ ..... .~ 0; ";' .9 ..9 ~ .¡:: ~ '" 0 13 ~ ~ .E .~ ..ê ;: J::' W '" S u '" ~ S > ~ ~ < . '-' "'c:s Q .!:: .::: § '$ ~ ~ '" 0 g 'fj ~ ·ê ~ S ~ .~ Ë @ ~ 'S S 8 ¡::: ~..<:: p.. if';;! § ~ 0 ~ f:-4 I:IJ CI:3._ c.8u'" 0 ï::S¡:¡ .5 "0 -:f. 0 ~ ~.- =.. 0 .~!aê C:::c.'I:IO .....-4'-"""J,..¡ ....... bO ('f') --= 0.."- ~ "1;; gp r;;;,\ :€·c ~ $ '¡a ~ '5 ~ ~ ~ ~ -: 5 ,..,~.... -asS~~o= ¡a .-.a = \>. ..... ¡:: ~.~ .- -as ö ~''¡:: .- ~ 0 .J:J ..... _ '" S~ S¡:¡::;::J!J~ ,_ "0 S 0 ~ ...., = Q.. ]â..c" U:Õrñ°O Q.. ¡:: s: 0; ---- = ~"O b/) B .¡:: 'l:> 0 .... õ d 'Q) t:Q B ~ ~ &..;;j Æ 0.) d··_ ¡.... Q) Q.."Og S0-as-asl3 ¡::1So,...:,~cIð",~.... o:-=V)ëaaJ~~~8 "0 .s r;;;,\'¡:: = 0; .... ~ .... ~ ~ '.:::;; .s Q'C ~ 0 6 ~"O~"'ø.~~""'" .J:JB.ESE-<1;j~õs ~ '" ~ -as 0 S !a Z .~ '" ~ b/)"o g ~ ~-d S ,-...O==NQ)~- ~ S·.c~'-'..s8] ã ,gt)]e.~ ~ ~ ~~ ,- ~ \>. ~ '" , ~ '" "0 '0' oi:i ;>0 J:: s.. B ';:I ~ §~~["'Q....!.~- u ~ S Q.. "õ <""> 0 ~ ,5 "O"<::;: 'l:>c.E<"">=;: ..= 11.).....000'\ -"'c:sO..... 1;j ~ ~ - "0 0 æ ",.~ .& II) e 0 ~ --' Q) ~ (1) .g gp ~ @ j ~ ~ .~;§ ='" b/).J:J~\>...¡:¡ '" -5 "'::r:: ~ 1;j ;>0 ¡::.- "0 o·g"O -5 S;:§ ..ê f§ ã ~ ,m ã..c ~ $; & tU~~ ""-=:~r.nrnoo ;:ë .~ u '<ñ' ~.;:; ~ ~ "õ ","'" ""-"0 .. - 0 > ~ ¡;¡!a ~ ~----",>.... ~ o "=.J:J1;j~ "0- - ~ u >.'- '" ¡:: ~ J!J 0; '" ¡..' u ¡:¡ 0 .... = ---- '" .ò"O ~ Q..'r;; 13 Q) ~ § ~ ';; ~ ~.~;= ~ ;: ''¡::;: ~~NS""Q.. 0; .s 0""] !a <""> ~ 0 Q) >u-o drnc:::J...4 = &.Ë @ ~ Q) ~.9 5 0>< 0,!:)..1;j~ .~ ~ ~ g .~ B .= .~ '"3 .- õ'- 'C .- ,-... '" S ¡:¡ S¡::~..9Sø.o;;':::£ ~ "'..9..= ~¡¡¡;: ¡:: .... f§õ U b/)Q 5 0"0 '¡a 0 "" -:f.::r:: ~ 1<1'~ ~ = t ] b] ~ = 'ë ..9 -< Q..E-<""':E-<ð-< ~O; ï:: ~ S Q.. 'S 0" ~ "0 æ "," ~ ~ ~ o ~ ~ b/) þ ~ g. .....: N r-i ~ o ::!- "0 !a "0 æ ci) ~ U æ f§ c.8 ~ ø. ~ U .... ;: o CI) 0" 'l:> ~ ~ U o '<:t ---- C';I V"> ] "0 ~ § tZJ '"ª ~ .... U 0 æ .~ f§ 8 cg .... aJ ~~æ ø. 13 õ ~ 8 "0 S 'S ¡.... B.~ (,.) be g ~õ"§:B¡¡) CI) !:: c.8 U g 'C> ~ 8u]"Oc:: Z .~ :g "0 ~ .g ~ '" u æ § 5 s:: ~~t}.....> :f ç~ ç~~ ~ "Oæ"O....ø. §.... .... ~ ~ Cd c :.= en ~ ~ .~ ·S-.52 :::: ç '" "'- i) ,-;:: .~ ~ ~ S"O S S ~ S §¡¡¡.Ë !a~~S,,,,~~~ :E~S'-"'oQ..Q..~5b~B"O .. Q..o~....-ê ~ t¡ 0 60; ~ CI) .J:J U ~ ¡¡¡.-.- æ CI)''¡:: Q.. g:¡ a cij Q.. ø. .ê :E Z ~ 5 '" Z '" u....~....§ óg:¡t§Ü~SSZ°E-< U 'l:> Z [E-< ~ ~ ~ ~ .. ~ .. ::=~ .J:J..S"O"O"OQ¡¡¡Q :Et3ba.e:8:11~~æt¡:: ~ Z .... B '" ;: "S o U .s '" '" ::= -ë 5 CIJ QI ...,;¡ ,-... Ò rJJ G:' "0 Q æ U ü ~ ::r:: Q ---- Q '" U ~,-...ê b/):E '" :9 ê·ä ~ ~ gL 5 ~ 8 ~ S 5 ]st;j §~.Ë u.Ë S O¡::~ '" ~§8 - "0 ~~u.s t¡.~ § "';>0 ~ '" ,- S .... .... '" ~V"> ~ ~].;~ ..... N S ¡:¡ .~ _ ì:1 .... ~ u ~ '" ¡:: "'.- t-I~t:: Cl)d)C) "'t:Srn='.e..~ ~ '" ~ .g :9 'S '§ .5 :E.~ § '" S ...g.- ~ g ¡ - ~ ¡,; §:E S ~ ~.- >< ¡:: .... -5 .- ~ "'" ~1;j1;j~ooo ¡::Q~"",¡,; ]1 -a g::a 5 S ~ S ~ ¡i; CJ Jd ·ä ;: .~.~ .... ßO ¡:: 1;j;: ç 0 Q "0 .s '" u t æ c.E J:: 0 - .¡:::; ;: .... U'õ ~ b/) .~ ~ ø. -a z ~ ~.g ~ t].~ -< :E Õ ø. '6 '0 CI) .. U .. U .3 :E ~ Q U U U :!Ëi:i6'6ögoi:i,D bòu8::=::=::= ø.ø.ø.CI)ZU>Uø.::r::::r::ø.:E:E:E #7 REVISED SCHEDULE 4 Air Emission Limits and Monitorin!! ReQuirements for the Geoplasma Facility March 6, 2007 The following regulatory monitoring and reporting conditions are abstracted from the regulations in 40 CFR 60 Subpart Eb, Subpart KKKK, and PSD-FL-369 (i.e., a PSD permit recently issued by DEP that establishes conditions concerning the use of CEMs for mercury emissions from the Hillsborough County Resource Recovery Facility). The language and abbreviations contained Hereffiin this Schedule 4 (a) are to be interpreted in the same maimer as they are in the federal regulations cited above those documents and (b) shall be amended in this Agreement when and if they are amended by the federal regulatory agencies. 40 CFR 60 Subpart Eb - Standards of Performance for Large Municipal Waste Combustors (1) § 60.58b Compliance and performance testing. (a) The provisions for startup, shutdown, and malfunction are provided in paragraphs (a)(I) and (a)(2) of this section. (1) Except as provided by §60.56b, the standards under this subpart apply at all times except during periods of startup, shutdown, and malfunction. Duration of startup, shutdown, or malfunction periods are limited to 3 hours per occurrence, except as provided in paragraph (a)(I)(iii) of this section. During periods of startup, shutdown, or malfunction, monitoring data shall be dismissed or excluded from compliance calculations, but shall be recorded and reported in accordance with the provisions of 40 CFR 60.59b(d)(7). (i) The startup period commences when the affected facility begins the continuous burning of municipal solid waste and does not include any warm-up period when the affected facility is combusting fossil fuel or other nonmunicipal solid waste fuel, and no municipal solid waste is being fed to the combustor. (ii) Continuous burning is the continuous, semi continuous, or batch feeding of municipal solid waste for purposes of waste disposal, energy production, or providing heat to the combustion system in preparation for waste disposal or energy production. The use of municipal solid waste solely to provide thermal protection of the grate or hearth during the startup period when municipal solid waste is not being fed to the grate is not considered to be continuous burning. (iii) For the purpose of compliance with the carbon monoxide emISSIon limits in §60.53b(a), if a loss of boiler water level control (e.g., boiler waterwall tube failure) or a loss of combustion air control (e.g., loss of combustion air fan, induced draft fan, 4-1 AGENDA REQUEST ITEM NO. -ª- DATE: April 3,2007 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Trauma Care MSTU BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TIONI CONCLUSION: Staff recommends that the Board: 1. Determine whether to adopt Resolution No. 07-094 directing the Supervisor of Elections to place the question of creating a County-wide MSTU for trauma care services on the June 12, 2007 special election ballot, subject to receipt of a signed agreement from Lawnwood agreeing to paying all of the costs of the June 12, 2007 special election. 2. Determine whether to authorize staff to advertise a public hearing on whether to adopt Resolution No. 07-093 for June 19, 2007 at 6:00 p.m. or as soon thereafter as the item may be heard. COMMISSION ACTION: [ ] APPROVED [ ] DENIED l~ OTHER: ~2t/ Douglas derson County Administrator Review and Approvals Commission concurred t continue to April 24, 2~7 at '1:00 A.m. County Attorney: Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng,: INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 07-483 DATE: March 19, 2007 SUBJECT: Trauma Care MSTU ****************~~~A~AAAAAAAAAAAAAAAA~~AAAAAAAAAAAAAAAAA~AAAAAAAAAAAAA*************** BACKGROUND: Representatives of Lawnwood Regional Medical Center and Heart Institute ("Lawnwood") have approached County staff about the possibility of creating a dedicated funding source to offset the expense of providing trauma care delivery in St. Lucie County. Lawnwood is the state designated location for a Level II Trauma Center on the Treasure Coast. Lawnwood has proposed that the County hold a referendum on June 12, 2007 to allow the voters in the County· to determine whether the County should create a County-wide municipal services taxing unit to provide trauma services at a state designated trauma center within the County and levy ad valorem taxes up to 1/4 mill per annum. Lawnwood has agreed to pay the cost of the special election. In this regard, staff has drafted two (2) resolutions, 07-094 and 07-093 for Board consideration, copies of which are attached. Resolution No. 07-094, if adopted, would direct the Supervisor of Elections to schedule a special election on June 12, 2007 to consider the following question: TO PROVIDE TRAUMA SERVICES AND FUND TRAUMA MEDICAL SPECIALISTS AT A STATE DESIGNATED TRAUMA CENTER WITHIN ST. LUCIE COUNlY, SHALL ST. LUCIE COUNlY CREATE A COUNlY-WIDE MUNICIPAL SERVICES TAXING UNIT(MSTU) AND WITHIN SUCH UNIT LEVY AD VALOREM TAXES UP TO 1/4 MILL PER ANNUM? For the MSTU No Against the MSTU Also attached is a copy of draft Resolution No. 07-093 which, if adopted, would create the Trauma Care Municipal Services Taxing Unit Approval of the unit is conditioned upon approval of the ballot question at the June 12, 2007 special election. The draft resolution provides for the ability of the Board to enter into an inter local agreement with the St. Lucie County Fire District to manage the funds generated by the MSTU and enter into subcontracts with a state designated trauma center within the County. If the unit is created, the County wi II need to enter into inter local agreements with the two cities and St. Lucie Village. RECOMMENDATION/CONCLUSION: Staff recommends that the Board: 1. Determine whether to adopt Resolution No. 07-094 directing the Supervisor of Elections to place the question of creating a County-wide MSTU for trauma care services on the June 12, 2007 special election ballot, subject to receipt of a signed agreement from Lawnwood agreeing to paying all of the costs of the June 12, 2007 special election. 2. Determine whether to authorize staff to advertise a public hearing on whether to adopt Resolution No. 07-093 for June 19, 2007 at 6:00 p.m. or as soon thereafter as the item may be heard. Respectfully submitted, Daniel S. McIntyre County Attorney DSM/caf Attachments RESOLUTION NO. 07-093 A RESOLUTION TO BE KNOWN AS THE ST. LUCIE COUNTY TRAUMA CARE MUNICIPAL SERVICE TAXING UNIT RESOLUTION; PROVIDING DEFINITIONS AND FINDINGS; CREATING THE TRAUMA CARE MUNICIPAL SERVICE TAXING UNIT; AUTHORIZING SUCH UNIT TO ANNUALLY LEVY AD V ALOREM TAXES; AUTHORIZING OTHER GENERAL POWERS OF SUCH UNIT; DECLARING THE EXCLUSION FROM THE ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners has made the following determinations: 1. There is an absence of trauma services in the Treasure Coast region resulting in St. Lucie County residents being transported to either Melbourne or Palm Beach for life saving trauma care; 2. Trauma care is regulated by the State of Florida and requires specific medical specialists and medical resources be available 24/7 at a hospital designated as a Level II Trauma Center; 3. The existence of a trauma center within a community hospital improves the access and delivery of all hospital care for all patients regardless of their status (trauma or non-trauma); 4. State and national health studies reflect that trauma centers strengthen communication and create partnerships with hospital staff, pre-hospital providers, and referring hospitals which improves the delivery and quality of care to all patients; 5. Lawnwood Regional Medical Center & Heart Institute is one of two hospitals in St. Lucie County and is the state designated location for a Level II Trauma Center on the Treasure Coast to be fully operational by September 30, 2007; 6. Lawnwood has invested $12 million in renovations and expansion of its Emergency Department in order to meet state trauma center criteria; 1 7. Lawnwood is in the process of recruiting medical specialists and hospital personnel required to meet state trauma center criteria; 8. The existence of a trauma center within St. Lucie County will aid in the efficient and timely transport and care of all emergency patients receiving services from the St. Lucie County Fire District; 9. The existence of a trauma center within St. Lucie County will address the need for out-of-county transport using the County's trauma helicopter allowing better in-county use of that resource as well as the personnel needed for out-of-county transport; 10. To ensure the long-term viability of a trauma center in St. Lucie County - specifically the cost of required medical specialists - a dedicated funding source is needed to off-set the expense of trauma care delivery within the County; and 11. The choice of whether to create a dedicated funding source through a dependent taxing district should be determined by the citizens of St. Lucie County. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: ARTICLE I INTRODUCTION Section 1.01. Definitions. When used in this Resolution, the following terms shall have the following meanings, unless the context clearly requires otherwise: "Board" shall mean the Board of County Commissioners of St. Lucie County, Florida. "County" shall mean St. Lucie County, a political subdivision of the State of Florida. "Trauma Care Services" shall mean comprehensive emergency medical services for victims of trauma and trauma-related injuries, provided in a State of Florida designated Level II trauma center in the County. "Unit" shall mean the Trauma Care Municipal Service Taxing Unit as created by Section 2.0l. Section 1.02. Findings. It is hereby ascertained, determined and declared that: 2 A. Pursuant to Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, the Board has all the powers of local self-government to perform county functions and to render services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances. B. Section 125.01(1)(q), Florida Statutes, provides legislative authorization for counties to establish a municipal service taxing unit for any part or all of the unincorporated areas within its boundaries and within municipal boundaries subject to consent of the respective municipality within which may be provided essential facilities and municipal services. C. The purpose of this resolution is to create the Trauma Care Municipal Service Taxing Unit for the purpose of providing trauma-care services to all residents of St. Lucie County. The Board determines that the creation of this municipal service taxing unit will be of benefit to the real and personal property within the unit. The Board shall determine each year the estimated cost of providing such services for the ensuing County fiscal year within the boundaries of the unit. D. The Board hereby determines that the provision of trauma care services is an essential municipal service within the meaning of Article VII, Section 9 ~f the Florida Constitution and Section 125.01(1)(q), Florida Statutes. E. Section 125.01(1)(q), Florida Statutes, provides that upon consent through adoption of an ordinance by the governing bodies of affected municipalities given annually or for a term of years, the boundaries of a municipal service taxing unit may include all or part of the boundaries of a municipality. ARTICLE II TRAUMA CARE MUNICIPAL SERVICE TAXING UNIT Section 2.01. Creation. There is hereby created the Trauma Care Municipal Service Taxing Unit pursuant to Section 125.01(1)(q), Florida Statutes. The boundaries of the Unit shall include the entire unincorporated and incorporated areas of the County as indicated in the boundaries set forth and described in the Appendix, attached hereto and incorporated herein by reference. The purpose of the Unit is to provide trauma care services within the Unit. The Board of County Commissioners shall be the governing board of the Unit. Section 2.02. Governing Board Powers. The Governing Board shall have the power to: 3 Levy annually an ad valorem tax not to exceed 1/4 mill per annum upon taxable real and personal property for the provision of essential facilities and municipal services within the Unit in the same manner as other county ad valorem taxes are levied; A. Adopt a budget at the same time and in the same manner as the Board prepares and adopts its annual county budget and levies ad valorem taxes as provided by law; B. Separately maintain in a separate account the funds obtained from the levy of the tax. Those funds obtained from the levy of the ad valorem taxes shall be used solely for the purpose of providing trauma care services within the boundaries of the Unit, including but not limited to land acquisition, planning, facility construction, equipment, and other capital costs; C. Appropriate and expend revenue of the Unit; D. Contract to receive and expend money, to sue and be sued, provide trauma care facilities and services and generally to perform all other acts necessary or incidental to the powers and duties granted by this resolution. E. Enter into an interlocal agreement with the St. Lucie County Fire District to manage the funds generated by the Unit and enter into subcontracts with a state designated trauma center within the County. ARTICLE III MISCELLANEOUS PROVISIONS Section 3.01. Declaration of exclusion from Administrative Procedures Act. Nothing contained in this resolution shall be construed or interpreted to include the Unit in the definition of agency contained in Section 120.52, Florida Statutes, or to otherwise subject the Unit to the application of the Administrative Procedures Act, Chapter 120, Florida Statutes. This declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this resolution. Section 3.02. Severability. If any clause, section or provision of this resolution shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. 4 Section 3.03. Effective date. This Resolution shall take effect upon adoption. The Resolution shall be effective within the municipalities upon enactment by the City of Fort Pierce City Commission, the City of Port St. Lucie City Council and the Town of St. Lucie Village Board of Aldermen of ordinances consenting to the inclusion of their respective entity within the boundaries of the Unit as required by Section 125.01(1)(q), Florida Statutes. This Resolution shall terminate and the Unit shall dissolve if the ballot question concerning the creation of this MSTU is not approved by a majority of the County's electors at the June 12, 2007 special election. After motion and second, the vote on this resolution was as follows: . Chairman Chris Craft XXX Vice Chairman Joseph E. Smith XXX Commissioner Doug Coward XXX Commissioner Paula A. Lewis XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED this _ day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 5 APPENDIX The entire unincorporated and incorporated areas of the County 6 RESOLUTION NO. 07-094 A RESOLUTION DIRECTING AN ELECTION BE HELD TO PROVIDE FOR THE PLACEMENT OF A QUESTION CONCERNING THE CREATION OF A COUNTY-WIDE MUNICIPAL SERVICES TAXING UNIT FOR TRAUMA CARE SERVICES ON THE JUNE 12, 2007 SPECIAL ELECTION BALLOT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board believes that providing for placement of a question concerning the creation of a County-wide municipal services taxing unit to provide trauma care services on the Special Election Ballot on June 12, 2007, is in the best interest of the public health, safety and welfare of the citizens of St. Lucie County, Florida. The creation of the unit will be contingent on voter approval at the June 12, 2007 referendum. 2. The cost of the June 12, 2007 referendum will be paid for by Lawnwood Regional Medical Center & Heart Institute. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby direct the Supervisor of Elections to place on the June 12, 2007 Special Election Ballot the following proposition to be voted upon by the electors of St. Lucie County: OFFICIAL BALLOT ST. LUCIE COUNTY Trauma Care Referendum June 12, 2007 TO PROVIDE TRAUMA SERVICES AND FUND TRAUMA MEDICAL SPECIALISTS AT A STATE DESIGNATED TRAUMA CENTER WITHIN ST. LUCIE COUNTY , SHALL ST. LUCIE COUNTY CREATE A COUNTY-WIDE MUNICIPAL SERVICES TAXING UNIT (MSTU) AND WITHIN SUCH UNIT LEVY AD V ALOREM TAXES UP TO *" MILL PER ANNUM? For the MSTU No Against the MSTU After motion and second, the vote on this resolution was as follows: Chairman Chris Craft Vice Chairman Joseph E. Smith Commissioner Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this XX day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney INTERLOCAL AGREEMENT BETWEEN TOWN OF ST. LUCIE VILLAGE and ST. LUCIE COUNTY (TRAUMA CARE MSTU - 2007) THIS AGREEMENT (the "Agreement") is made and entered into this _ day of , 2007, by and between the Town of St. Lucie Village, a Florida municipal corporation (hereinafter the "Village"), and St. Lucie County, a political subdivision of the State of Florida (hereinafter the "County"). ARTICLE I. BACKGROUND AND OBJECTIVES WHEREAS, the County is a political subdivision of the State of Florida and given those powers and responsibilities enumerated in Chapter 125, Florida Statutes; and, WHEREAS, the County and the Village are empowered to enter into inter local agreements pursuant to Section 163.01, Florida Statutes; and, WHEREAS, the County authorized a referendum on XX, 2007 to allow County voters to determine whether or not to authorize the County to establish a Municipal Services Taxing Unit ("MSTU") for trauma care services that would levy an ad valorem tax at a rate not to exceed t mill per annum (hereinafter referred to as the "MSTU"); and, WHEREAS, the referendum was approved by the County's voters on June 12,2007; and, WHEREAS, the County and the Village desire to enter into this Interlocal Agreement to allocate the proceeds of the MSTU to the County and the Village. NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein, the parties agree as follows: 1. GENERAL This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal, or written, between the parties hereto. The above recitals are true and correct. 2. CONSENT TO INCLUSION OF VILLAGE WITHIN MSTU As a result of the MSTU by the voters on XX, 2007, the Village agrees to hold public hearings before XX, 2007 and consider the adoption of an ordinance consenting to the inclusion of the G:\ATTY\AGREEMNT\INTERLOC\SLV-trauma care,wpd 1 boundaries of the Town of St. Lucie Village within the boundaries of the Trauma Care MSTU created by the County. 3. ALLOCATION OF MSTU PROCEEDS In the event that the County creates a Trauma Care MSTU and the Village adopts an ordinance consenting to the inclusion of the Village within the MSTU and thereafter the County levies and collects taxes within the Village for purposes of the Trauma Care MSTU, the County shall spend the MSTU proceeds received by the County to contract to provide trauma care services for County residents. 4. INDEPENDENT AUDIT An annual independent audit of the revenue receipts and expenditures shall be performed annually. The County shall select and contract with the auditor. The cost of the audit shall be paid from the total annual MSTU proceeds received from the Tax Collector. 5. TERM OF AGREEMENT This Agreement shall be effective beginning on the date the County and the Vi lIage approve this Agreement and shall continue unless terminated herein. 6. TERMINATION This Agreement shall terminate automatically upon mutual written agreement of the parties or upon failure of the Village to consent by ordinance as provided in Paragraph 2. Either party may terminate the Agreement with one year's prior written notice to the other party: in the event of termination by either party, the termination shall be effective on January 1 of the year subsequent to one year from the notice of termination. 7. NOTICES All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the COUNTY: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 G: \A TTY\AGREEMNT\INTERLOC\SL V -trauma care,wpd 2 As to the Village: With a copy to: Town of St. Lucie Village 2841 North Old Dixie Highway Fort Pierce, Florida 34946 Richard V. Neill, Jr. Neill Griffin Fowler Tierney Neill & Marquis 311 South Second Street Fort Pierce, Florida 34950 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the u.s. Postal Service on the return receipt. 8. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 9. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 10. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or fai lure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. 11. INV ALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the material purposes of this Agreement can be determined and effectuated. 12. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. G:\ATIY\AGREEMNT\INTERLOC\SLV-trauma care.wpd 3 13. AMENDMENTS The Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 14. EFFECTIVENESS This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. TOWN OF ST. LUCIE VILLAGE, FLORIDA ATTEST: BY: Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS BY: Village Attorney Date: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\ATTY\AGREEMNT\INTERLOC\SLV-trauma care,wpd 4 INTERLOCAL AGREEMENT BETWEEN CITY OF FORT PIERCE and ST. LUCIE COUNTY (TRAUMA CARE MSTU - 2007) THIS AGREEMENT (the "Agreement") is made and entered into this - day of / 2007/ by and between the City of Fort Pierce, a Florida municipal corporation (hereinafter the "City"), and St. Lucie County, a political subdivision of the State of Florida (hereinafter the "County"). ARTICLE I. BACKGROUND AND OBJECTIVES WHEREAS, the County is a political subdivision of the State of Florida and given those powers and responsibilities enumerated in Chapter 125, Florida statutes; and, WHEREAS, the County and the City are empowered to enter into interlocal agreements pursuant to Section 163.01, Florida Statutes; and, WHEREAS, the County authorized a referendum on XX, 2007 to allow County voters to determine whether or not to authorize the County to establish a Municipal Services Taxing Unit ("MSTU") for trauma care services that would levy an ad valorem tax at a rate not to exceed t mill per annum (hereinafter referred to as the I\MSTU"); and, WHEREAS, the referendum was approved by the County's voters on June 12, 2007; and, WHEREAS, the County and the City desire to enter into this Interlocal Agreement to allocate the proceeds of the MSTU to the County and the City. NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein, the parties agree as follows: 1. GENERAL This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, termS, conditions, or ob ligati ons other than those contained therein, and this Agreement shall supersede all previouS telecommunications, representations, or agreements, either verbal, or written, between the parties hereto. The above recitals are true and correct. 2. CONsENT TO INCLUSION OF CITY WITHIN MSTU As a result of the MSTU by the voters on XX, 2007/ the City agrees to hold public hearings before XX, 2008 and consider the adoption of an ordinance consenting to the inclusion of the G: \A TTY\AGREEMNT\INTERLOC\FP-trauma care.wpd 1 boundaries of the City of Fort Pierce within the boundaries of the Trauma Care MSTU created by the County. 3. ALLOCATION OF MSTU PROCEEDS In the event that the County creates a Trauma Care MSTU and the City adopts an ordinance consenting to the inclusion of the City within the MSTU and thereafter the County levies and collects taxeS within the City for purposes of the Trauma Care MSTU, the County shall spend the MSTU proceeds received by the County to contract to provide trauma care services for County residents. 4. INDEPENDENT AUDIT An annual independent audit of the revenue receipts and expenditures shall be performed annually. The County shall select and contract with the auditor. The cost of the audit shall be paid from the total annual MSTU proceeds received from the Tax Collector. 5. TERM OF AGREEMENT This Agreement shall be effective beginning on the date the County and the City approve this Agreement and shall continue unless terminated herein. 6. TERMINATION This Agreement shall terminate automatically upon mutual written agreement of the parties or upon failure of the City to consent by ordinance as provided in Paragraph 2. Either party may terminate the Agreement with one year's prior written notice to the other party; in the event of termination by either party, the termination shall be effective on January 1 of the year subsequent to one year from the notice of termination. 7. NOTICES All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the COUNTY: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 G: \A TTY\AGREEMNT\INTERLOC\FP-trauma care,wpd 2 As to the CITY: With Q copy to: Fort Pierce City Manager 100 North U.S. 1 Fort Pierce, Florida 34982 Fort Pierce City Attorney 100 North U.S. 1 Fort Pierce, Florida 34982 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the: delivery date indicated by the u.s. Postal Service on the return receipt. 8. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 9. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 10. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. 11. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the material purposes of this Agreement can be determined and effectuated. 12. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein: and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. G: \A TlY\AGREEMNT\INTERLOC\FP-trauma care.wpd 3 13. AMENDMENTS The Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 14. EFFECTIVENESS This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectivenesS. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. CITY OF FORT PIERCE, FLORIDA ATTEST: BY: Mayor Clerk APPROVED AS TO FORM AND CORRECTNESS BY: City Attorney Date: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\ATTY\AGREEMNT\INTERLOC\FP-trauma care.wpd 4 INTERLOCAL AGREEMENT BETWEEN CITY OF PORT ST. LUCIE and ST. LUCIE COUNTY (TRAUMA CARE MSTU - 2007) THIS AGREEMENT (the "Agreement") is made and entered into this - day of , 2007, by and between the City of Port St. Lucie, a Florida municipal corporation (hereinafter the "City"), and St. Lucie County, a political subdivision of the State of Florida (hereinafter the "County"). ARTICLE I. BACKGROUND AND OBJECTIVES WHEREAS, the County is a po litical subdivision of the State of Florida and given those powers and responsibilities enumerated in Chapter 125, Florida Statutes; and, WHEREAS, the County and the City are empowered to enter into interlocal agreements pursuant to Section 163.01, Florida Statutes; and, WHEREAS, the County authorized a referendum on XX, 2007 to allow County voters to determine whether or not to authorize the County to establish a Municipal Services Taxing Unit ("MSTU") for trauma care services that would levy an ad valorem tax at a rate not to exceed -1- mill per annum (hereinafter referred to as the "MSTU"); and, WHEREAS, the referendum was approved by the County's voters on June 12, 2007; and, WHEREAS, the County and the City desire to enter into this Interlocal Agreement to allocate the proceeds of the MSTU to the County and the City. NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein, the parties agree as follows: 1. GENERAL This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida !nterlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal, or written, between the parties hereto. The above recitals are true and correct. 2. CONSENT TO INCLUSION OF CITY WITHIN MSTU As a result of the MSTU by the voters on XX, 2007, the City agrees to hold public hearings before XX, 2007 and consider the adoption of an ordinance consenting to the inclusion of the G:\ATN\AGREEMNT\INTERLOC\PSL-trauma care,wpd 1 boundaries of the City of Fort Pierce within the boundaries of the Trauma Care MSTU created by the County. 3. ALLOCATION OF MSTU PROCEEDS In the event that the County creates a Trauma Care MSTU and the City adopts an ordinance consenting to the inclusion of the City within the MSTU and thereafter the County levies and collects taxes within the City for purposes of the Trauma Care MSTU, the County shall spend the MSTU proceeds received by the County to contract to provide trauma care services for County residents. 4. INDEPENDENT AUDIT An annual independent audit of the revenue receipts and expenditures shall be performed annually. The County shall select and contract with the auditor. The cost of the audit shall be paid from the total annual MSTU proceeds received from the Tax Collector. 5. TERM OF AGREEMENT This Agreement shall be effective beginning on the date the County and the City approve this Agreement and shall continue unless terminated herein. 6. TERMINATION This Agreement shall terminate automatically upon mutual written agreement of the parties or upon failure of the City to consent by ordinance as provided in Paragraph 2. Either party may terminate the Agreement with one year's prior written notice to the other party; in the event of termination by either party, the termination shall be effective on January 1 of the year subsequent to one year from the notice of termination. 7. NOTICES A II notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the COUNTY; With Q copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 G: \A TTY\AGREEMNT\INTERLOC\PSL-trauma care.wpd 2 As to the CITY: With a copy to: Port St. Lucie City Manager 121 S.W. Port St. Lucie Boulevard Port St. Lucie, Florida 34984 Port St. Lucie City Attorney 121 S.W. Port St. Lucie Boulevard Port St. Lucie, Florida 34984 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. 8. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 9. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 10. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. 11. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the material purposes of this Agreement can be determined and effectuated. 12. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. G:\ATTY\AGREEMNT\INTERLOC\PSL-trauma care,wpd 3 13. AMENDMENTS The Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 14. EFFECTIVENESS This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. CITY OF PORT ST. LUCIE, FLORIDA ATTEST: BY: Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS BY: City Attorney Date: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\ATIY\AGREEMNT\INTERLOC\PSL-trauma care.wpd 4 :" , , From: Thomas R. Pentz, Chief Executive Officer fl1~~IÔ" ~~~';':i {1/ t {)t"" f;<~ ~ #i/ M:. ,,, Memorandum March 26, 2007 To: Doug Anderson, S1. Lucie County Administrator Subject: Level II Trauma Center Business Plan The Level II Trauma Center at Lawnwood Regional Medical Center & Heart Institute will open no later than October 1, 2007. There are two components of costs associated with this service-hospital related costs and physician-related costs. Hospital-Related Costs The hospital operating costs of this new service are expected to be in excess of$4.5 million. The details of the hospital-related operating costs are as follows: Hospital-Related Staff: 1. In-house 24 hour anesthesiologists: 2. ER Trauma Nurses: 3. lCU Trauma Nurses: 4. 24-hour OR team: 5. ER Trauma Intensivist: 6. Incidental physician on-call costs: 7. Purchased Services: 8. Employee Benefits: 9. Trauma Medical Director Fee: 10. Trauma Program Manager: 11. Trauma Registrar: $ 671,000 $ 635,000 $ 565,500 $ 547,779 $ 655,550 $ 174,000 $ 165,300 $ 152,685 $ 150,000 $ 114,300 $ 57,150 Total Hospital-related Staffing Cost: $3.548.964 Other ongoing Hospital-related Operating Costs: 1. Medical Supplies: 2. Ongoing Training and CME expense: 3. Physician Recruitment Fees: 4. Surgical Instruments and supplies: $295,510 $365,000 $280,000 $100,000 Total Hospital-related Other Operating Costs: $1.040.510 Most of these $4.5 million in hospital-related costs are recurring on an annual basis. ï J Lawnwood Regional Medical Center & Heart Institute anticipates an additional 290 patients will need trauma care services in our first year of operation. This is the estimate which was used in the March 2006 application to the state of Florida based on their guidance for start-up utilization. The revenues associated with these patients are projected as follows: Patient Revenues: Net Revenue: $12,266,308 Less allowances for bad debts: $6,212,404 Total Revenues after bad debts: $6,053,904 Please note that the revenue projections are highly dependent on the payer mix ofthe patients, intensity of services, and reflect an estimate of the revenue associated with the patients who left our service area to receive care at other facilities. In 2006, Lawnwood Regional Medical Center & Heart Institute invested in excess of $12 million in expansion and renovation of our emergency room and physical plant to ensure we have the proper facilities in which to provide this service so no additional capital is needed for this servIce. If the above projections for the hospital related costs and revenues are realized, the hospital will not need to come to the trauma district for funds associated with this "bucket" of costs. I[however the payor mix changes and the revenues are reduced, the hospital will come to the trauma district with the a ro riat urn entation and re uest or t e negative amount, up to $3,000,000 for the first three years of the service. ,- For Example: Scenario A: Hospital costs are Net Revenues are Hospital Request Scenario B: Hospital costs are Net Revenues are Hospital Request Scenario C: Hospital costs are Net Revenues are Hospital Request Hospital Deficit $4.5 $6.0 $0 $4.5 $3.0 $1.5 $4.5 -$1.5 $3.0 $1.5 Again, the hospital reimbursement requested is for the first three years and mayor may not be requested depending on the actual net revenues received by the hospital for trauma patients. If the volume of patients is higher than the projection and the payor mix is í , consistent or improved, no funding for hospital services will be requested and the Trauma Board can adjust the millage downward to cover only the physician related piece. If funds are requested for hospital costs, a complete accounting will be provided. All transactions between the hospital and the Trauma Board will be completely transparent and open for public scrutiny. Physician-Related Costs In addition to the hospital-associated costs of operating a Level II Trauma Center, there are ongoing physician-related costs in excess of$4 million. These costs are the focus of the trauma district funding. These will be ongoing for the life of the Trauma District and will be determined through negotiations between the Trauma District Board and the contracted trauma physicians and specialists. The Trauma Surgeons and Medical Specialists will contract with and be paid directly by the Trauma Board. The details of the physician-related costs are as follows: Physicians related expenses: 1. Five on-call Trauma Surgeons: 2. Highly-needed on-call physician specialists: $2,138,250 $2,092,545 Total Physician Cost: $4,230,795 Again, the millage can be adjusted downward based on the actual ex enses of both the 'hospital and physician costs in the first three years. t e fourth year and beyond, the -millage necessary ~il1 be based solety on the physicÌan component. 03/30/07 F'7.Þ.BWARR FUND 001 001164 001167 001177 001180 001182 001282 001404 001415 001418 001424 001814 101 101002 101003 101004 101006 101109 102 102001 105 107 107001 1^7002 003 .L\l1006 109 113 114 116 117 119 123 126 127 128 129 130 136 138 140 140133 140335 150 160 183 183001 183004 '.. ST. LUCIE COUNTY - BOARD WARRANT LIST #26- 24-MAR-2007 TO 30-MAR-2007 FUND SUMMARY TITLE General Fund USDOJ Violence Against Women Grant FTA Section 5303 Grant FY 05 Section 112/MPO/FHWA/Planning 2006 US Dept Housing BUD Shelter Plus Gr CSBG Grant FY07 FDOT Transit Services Marketing PIn 05 CDBG Sup Disaster Recovery TDC Planning Grant FY 07 FDCA EMPA FY07 Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FHWA/FDOT County Rds-H. Jeanne 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 Drug Abuse Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Construct Runway 9L/27R Parallel Runway Design-9L/27R Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court EXPENSES 724,060.13 94.21 104.42 3,503.89 200.00 3,849.71 4,797.50 1,025.22 1,523.36 13.44 3,036.67 1,182.20 30,002.64 49,892.57 40,197.70 20,806.09 4,508.28 596.16 95,457.30 86,066.19 145.05 130,883.28 2,170.71 1,146.30 1,833.25 63,585.17 8,000.00 227.86 497.33 555.70 138.39 859.20 350.69 119.89 361. 57 483.32 39,512.79 113,396.22 1,426.57 248.85 19,318.11 1,330.00 70.00 2,393.11 13,480.60 4,010.87 860.00 3,588.91 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 '.. ....-... 03/30/07 PAGE ST. LUCIE COUNTY - BOARD Ji""llBWARR WARRANT LIST #26- 24-MAR-2007 TO 30-MAR-2007 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 183006 Guardian Ad Litem Fund 1.89 0.00 185007 FHFA SHIP FY06/07 812.44 0.00 185008 FHFA Hurricane Housing Recovery 4,032.04 0.00 310001 Impact Fees-Library 15,052.00 0.00 310002 Impact Fees-Parks 1,413.70 0.00 316 County Capital 21,059.30 0.00 316001 Transportation Capital 149.04 0.00 401 Sanitary Landfill Fund 371,131. 64 0.00 418 Golf Course Fund 27,315.46 0.00 451 S. Hutchinson Utilities Fund 18,817.02 0.00 458 SH Util-Renewal & Replacement Fund 459.95 0.00 461 Sports Complex Fund 33,371. 34 0.00 471 No County Utility District-Operatin 9,827.91 0.00 478 No Cty Util Dist-Renewal & Replace 732.58 0.00 479 No Cty Util Dist-Capital Facilities 697.72 0.00 491 Building Code Fund 46,707.78 0.00 505 Health Insurance Fund 212,129.24 3,355.84 611 Tourist Development Trust-Adv Fund 11,383.80 0.00 625 Law Library 46.06 0.00 665 SLC Art in Public Places Trust Fund 3,600.00 0.00 674 Driftwood Manor MSBU Fund 159.25 0.00 801 Bank Fund 53,310.72 0.00 GRAND TOTAL: 2,314,122.30 3,355.84 2 -, \. AGENDA REQUEST ITEM No.Cff-0 DATE: April 3, 2007 REGU LAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Extension of Declaration of State of Local Emergency - Indian River Drive BACKGROUND: See CA No. 07-0497 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. ~) APPROVED [ ] DENIED [ ] OTHER: Dou I M. Anderson County Administrator COMMISSION ACTION: Approved 5-0 [X] County Attorney: [ ] Road & Bridge.: (A/ Review and Approvals [ ]Purchasing: [ ] Solid Waste Mgr [ ]Management & Budget: [ ) Parks & Recreation Director [ ]Finance:(check for copy only, if applicable) Effective 5/96 ... .. INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 07-0497 DATE: April 3, 2007 SUBJECT: Extension of Declaration of State of Local Emergency - Indian River Drive BACKGROUND: Based on the recommendation of the County Engineer and the advice of local law enforcement officials, there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the failure of several property owners to repair their embankments causing severe erosion to the embankment and undermining Indian River Drive in several locations. Resolution No. 00-277 authorizes the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. On November 21,2006, the Board approved a Declaration of Emergency on Indian River Drive. Since November 21, 2006, the Board has approved extensions of the State of Emergency. It is necessary to extend that state of emergency again. Attached is an extension of the Declaration of Local Emergency for Indian River Drive. RECOMMENDATION/CONCLUSION: Staff recommends the that Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. Respectfully submitted, / v' Heather Sperrazza Luek Assistant County Attorney ?/)¡ä~ HLI -- AN ORDER OF THE PUBLIC SAFETY DIRECTOR OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY ( Indian River Drive) WHEREAS, the St. Lucie County Public Safety Director has made the following determinations: 1. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The Public Safety Director declared a state of emergency on November 21, 2006, at 9:00 am on Indian River Drive. 3. Based on the recommendation of the County Engineer and the advice of local law enforcement officials, there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the failure of the several property owners to repair their embankments, causing severe erosion to the embankment and undermining Indian River Drive in several locations. 4. The presence of this severe erosion and undermining of Indian River Drive has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 5. In order to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 6. Such declaration is extended for seven (7) days until April 10, 2007 at 9:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 7. This Extension of the Declaration of Emergency shall become effective April 3, 2007 at 9:00 a.m. Jack T. Southard Public Safety Director .' , AGENDA REQUEST ITEM NO! 2'" G DA TE: April 3, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [,X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 07-115 - Urging Congress, the Florida Legislature and the Governor to oppose House Bill 529 which eliminates local government authority to require franchises, licenses or any other form of agreement from any provider of communication or telecommunication services; including but not limited to cable and video service providers using the public right of way. BACKGROUND: Ila L. Feld, Esquire of Leibowitz & Associates, P.A. has requested that all counties in the State of Florida adopt a resolution opposing House Bill 529. The attached Resolution No. 07-115 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 07-115 as drafted. COMMISSION ACTION: ~j APPROVED [] DENIED [ ] OTHER: Approved 5-0 Review and Approvals County Attorney: , 9Jr/ 1/<:1 Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 } RESOLUTION NO. 07-115 A RESOLUTION URGING CONGRESS, THE FLORIDA LEGISLATURE AND THE GOVERNOR TO OPPOSE HOUSE BILL 529 WHICH ELIMINATES LOCAL GOVERNMENT AUTHORITY TO REQUIRE FRANCHISES, LICENSES OR ANY OTHER FORM OF AGREEMENT FROM ANY PROVIDER OF COMMUNICATION OR TELECOMMUNICATION SERVICES; INCLUDING BUT NOT LIMITED TO CABLE AND VIDEO SERVICE PROVIDERS USING THE PUBLIC RIGHT OF WAY : WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Current law requires cable television operators to obtain a local franchise agreement from local governments before a cable television operator offers video services to the local government's residents. 2. The obligation to obtain a local franchise to provide video services stems both from inherent local government authority over the use of rights-of-way and from the Federal 1992 Cable Act, Title VI. 3. The County has, through the franchising process, obtained benefits that satisfy the cable television related needs of the community, including the provision of an I-NET, free services to schools and governmental facilities, a capital grant, enforcement of customer service, and other services that support important educational and public interests. 4. On January 23, 2007, Representative Traviesa filed HB 529. The proposed bill eliminates local government's authority to require franchises, licenses or any other form of agreement from any provider of communication or telecommunications services, including but not limited to cable and video service providers, using the public right of way. 5. With respect to cable and video service providers, any provider seeking to provide service In the state after July 1, 2007, lS required to obtain a certificate from the State. Such certificates shall be issued within fifteen days of submission of a completed application or in the event that no action is taken shall be deemed approved after thirty days. 6. Providers operating under existing franchises may not obtain a state certificate until after the expiration of the existing franchise unless (a) another cable or video service provider is providing service within the franchise area pursuant to a state issued certificate, (b) the provider serves less that forty percent of total subscribers in the franchise area, or ©) the provider does not provide service to the largest number of cable subscribers in the franchise area as of July 1, 2007. In such cases, the provider may terminate the existing franchise and obtain a state certificate. 7. Under the state certification plan established by the proposed bill, local governments would be prohibited from imposing requirements including but not limited to fees, taxes, charges, build out requirements, capacity requirements, upgrades, reports, records, maps transfer of ownership or control. The state would require compliance with FCC customer service standards until there are two or more providers at which point there would be no standards imposed. 8. Local governments are required to accept customer complaints until July 1, 2009, at which time the responsibility will shift to the Department of Agriculture. 9. The most significant loss to local governments may be with respect to public, education and government access channels. Certificate holders are only required to designate a sufficient amount of capacity to allow provision of a comparable number of channels or capacity equivalent to that which was used for at least ten hours per day under the incumbent provider's franchise as of July 1, 2007. If such use was not in effect as of July 1, 2007, then within twelve months of receipt of request, a provider must furnish up to three channels or equivalent capacity for a municipality with a population of at least 50,000 and two channels or equivalent capacity for jurisdictions of less than 50,000. 10. House Bill 529 proposes a maximum amount of capacity, not a minimum, and the language requires capacity rather than channels per se. Providers are not required to place any channel reclaimed by the provider and subsequently restored to the local jurisdiction on the basic or analog tier. ; 11. It is not clear from the proposed language whether initial channels or capacity will be required to be located on the basic tier of service. Other issues of concern include the lack of mandatory interconnection requirement, prohibition against requirements for any grants or in kind support and the limitation that connectivity is only required up to the first two hundred feet from the cable or video transmission system. 12. The proposed bill clearly represents a substantial threat to local government's authority over the public rights of way and the virtual elimination of benefits currently being provided by cable franchises to local communities throughout the state with the resulting financial impact. 13. Counties should have the authority to provide communications services, including internet, cable and telephone services, for the benefit of local residents and economic development purposes, without undue interference from the Federal or State Governments. 14. For the reasons mentioned above, the Board of County Commissioners of St. Lucie County, Florida, opposes this proposed Federal legislation and urges members of Congress to oppose such proposed legislation. 15. St. Lucie County opposes Florida legislation that would create a state video franchise process and eliminate local cable franchises and urges members of the Florida Legislature and the Governor to oppose such legislation. 16. St. Lucie County has determined that it would be in the public interest to forward this Resolution to appropriate members of Congress, the Florida Legislature, Governor Charlie Crist, and the Florida Association of Counties. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby urge Congress, the Florida Legislature, and Governor Charlie Crist to oppose House Bill 529 which eliminates Local Government authority to require Franchises, Licenses, or any other form of Agreement from any provider of Communication or Telecommunication Services i including but not limited to Cable and Video Services providers, using the public right of way. 2. The County Administrator is hereby directed to immediately distribute this Resolution to appropriate members of Congress and the Florida Legislature, Governor Charlie Crist, and the Florida Association of Counties. 3. This Resolution shall become effective upon adoption. After motion and second the vote on this resolution was as follows: Chairman Chris Craft XX Vice-Chairman Joseph E. Smith xx Commissioner Paula A. Lewis XX Commissioner Doug Coward XX Commissioner Charles Grande XX PASSED AND DULY ADOPTED this 3rd day of April, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ;- f AGENDA REQUEST ITEM NO. C-3 DATE: April 3, 2007 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: ADMINISTRATION/MEDIA PRESENTED BY: SHANE DEWITT SUBJECT: Budget Amendment 07-051 and Equipment Request 07-319 totaling $22,000 for Upgrades to the SLCTV Production Control Room. BACKGROUND: See attached memo. FUNDS WILL BE MADE AVAILABLE IN: 001-1225-564000-100 - Machinery & Equipment PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board's approval of Budget Amendment 07-051 and transferring $22,000 from the General Fund Contingency to the Machinery and Equipment account noted above and approval of Equipment Request 07-319 for Upgrades to the SLCTV Production Control Room. COMMISSION ACTION: ¡y.J' APPROVED [] DENIED [ ] OTHER: ~ Approved 5-0 o la . Anderson County Administrator County Attorney: jJ 3D Purchasing~' Management & Budg Originating Dept: Public Works: Other: Finance: (Check for Copy only, ifapplicable)_, H:\AGENDA REQUESTSI2007\UPGRADE TO SLCTV CONTROL ROOM,DOC f MEDIA RELATIONS Memorandum To: Board of County Commissioners From: Shane DeWitt, Technical Operation Manager, SLCTV Ð Date: April 3, 2007 Subject: Upgrade of SLCTV Production Control Room Earlier this year the Board of County Commissioners approved the expansion of the SLCTV production control room in an effort to keep the equipment, which is essential for operations, cooler, allow for more storage and to provide a more efficient work area. Central Services has completed such expansion and staff would like to move forward with re- wiring the room and purchasing a console for easier operations. This will allow us to spread some of the equipment out throughout the room keeping each electronic device cooler. It will also provide staff better access to equipment/controls without being on top of one another. The upgrade to the room will also ready us for easier access of "live" feeds from the EOC and future feeds we plan on taking from the Florida Channel, FPTV and SLC School Board Channel. I would also request the purchase of a W aveformN ecterscope. This device is used to test audio and video signals coming in and going out from this facility and aid in keeping us compliant with F.C.C. regulations. We will need this as we start doing more with EOC Operations and other broadcasts. The cost of this upgrade will be approximately $22,000. Funding will come from monies collected by the City of Fort Pierce for broadcast of their Commission Meetings. Staff recommends the Board's approval of Budget Amendment 07-051 and transferring $22,000 from the General Fund Contingency to the Machinery and Equipment account noted above and approval of Equipment Request 07-319 for Upgrades to the SLCTV Production Control Room. SAD/jdp BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: MEDIA RELATIONS PREPARED DATE: 3/23/2007 AGENDA DATE: ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-1225-564000-100 Machinery & Equipment $22,000 FROM: 001-9910-599100-800 Continaencv $22,000 REASON FOR BUDGET AMENDMENT: To uparade the SLCTV Production Control Room, CONTINGENCY BALANCE: $327,852 THIS AMENDMENT: $22,000 REMAINING BALANCE: $305,852 DEPARTMENT APPROVAL: ~~ OMB APPROVAL: BUDGET AMENDMENT #: ------ 07-051 DOCUMENT # & INPUT BY: DEPARTMENT: DIVISION: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 ADMINISTRATION MEDIA RELATIONS RECOMMENDED: I ~ YES NO NO APPROVED: YES EQUIPMENT: WaveformNector/Picture BUDGET AMOUNT: $22,0001)(1 NEW I 1 REPLACEMENT ADDITIONAL COSTS YES X NO JUSTIFICATION: To upgrade the SLCTV Production Control Room, IACCOUNT#: EQUIPMENT REQ#: EQ07-319 001-1225-564000-100 REVISED REVISED DEPARTMENT FISCAL YEAR 2006-2007 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $327,852 ITEM ACCOUNT # Approved Budget Contingency 001-9910-599100-800 BA07 -004 BA07-007 BA07-008 Line-to-Line BA07-014 BA07 -023 BA07 -024 BA07 -029 BA07-033 BA07-041 BA07 -045 BA07-050 BA07 -050 Old Civic Center Parking Lot Savannas Emergency Sewer Repairs Harbour Pointe Three-Phase Service Interfund Loan to complete ADA improvements @ Tradition Field Item C11 Reimbursement Ft Pierce CRA Ref BA07-008 New project for Env Resources ADA Review for new Special Needs Facility Internal Loan for Minor League Complex A.C. Replacement @ Tradition Field Editor for Media For repairs on generators that are being kept at the EOC. Architechtural services at S1. Lucie County Fairgrounds Center-Aisle seating package for passenger van. Partial repayment for ADA improvements @ Tradition Field (not used) Heathcote Botanical Gardens Match Total used: Balance Available Proposed action: BA07-051 Media Relations to upgrade the SLCTV Production Control Room Balance Available After Proposed Action: AMOUNT $1,000,000 $25,000 $11,360 $4,098 $479,200 ($4,098) $22,600 $1,287 $100,000 $7,966 $5,000 $20,280 $7,627 ($108,172) $100,000 $672,148 $327,852 $22,000 $305,852 DATE 10/17/2006 10/17/2006 10/24/2006 10/24/2006 12/14/2006 11/14/2006 12/19/2006 1/9/2007 1/23/2007 2/13/2007 2/20/2007 3/13/2007 3/20/2007 3/20/2007 3/23/2007 .. D.Co Marketing, Inc. (949) 367-1700 27665 Forbes Road, Suite #6, Laguna Niguel, CA 92677 www.d-co.com System Rewire Revision No. 2.0 Rewire of DigiCaster plus installation of DigiConsole and Production Console equipment. Number of Channels: Date: Phone: Dcode 3/22/2007 772-462-1869 0.0% Client: Contact: St. Lucie County Shane De Witt Interface with Traffic and Billing Called: N/A Max number of events to be recorded simultaneously: N/A Satellite Positioner: N/A Tape decks to be integrated system for playback onto air: N/A 1 Digi-Console Presto 4 console desk, 56" wide, has 4RUs in two bays on desk surface, with shelf on top; includes sliding computer keyboard shelf; additional storage below desktop. Price Extension $ 6,395 $ 6,395 $ 1,750 $ 1,750 $ 2,030 $ 2,030 Qty 1 Item VTM-200 Description WaveformNector/Picture - Analog/Digital Multi Format On Screen Monitor - NTSC/PAL 2 composite inputs, 2 serial digital 601 inputs w/audio level option. 1 Production Console Force 36 Table with Monitor shelf & Mount for LCD monitors housed on tabletop rack below shelf. Two outside bays have 4RUs each and inside bays have 2RUs each. Additional rack space under desk top on both sides; includes adjustable keyboard. VMD7PRM Dual Rack Mounted 7" Flat panel color monitors w/16:9 & 4:3 Aspect Ratio. $ 1,750 $ 1,750 w/automatically terminating BNC loop thru. KVM KVM System Units Switcher N/C N/C Miscellaneous Additional Items Engineering System Integration Presale Engineering. $ 1,525 $ 1,525 Wiring Harness Cable & Connectors for above install $ 1 ,450 $ 1 ,450 Freight Estimated S & H $ 925 $ 925 Installation 3-4 Days of onsite rewire of existing system, including some rewire from production desk $ 5,850 $ 5,850 and rack. New DigiConsole will be outfitted with monitors plus other miscellaneous equipment. All are located in the same room. Total: $21,675 Payment terms: 50% down; 50% upon completion St. Lucie-Shane De Witt-RewireV2.0.xls, 3/22/2007, Page 1 of 1 ~ AGENDA REQUEST ITEM NO. C4 Date: April 3, 2007 Regular [ ] Public Hearing [ ] Consent [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Supervisor Of Elections Gertrude Walker SUBJECT: Resolution No. 07-110 amending Resolution No. 06-209 by subdividing Election Precinct 22 and creating Election Precinct 66 and Further by changing the polling locations for Election Precincts 25, 43, 64, and 86. BACKGROUND: See attached memorandum FUNDS AVAILABLE: RECOMMENDATION/CONCLUSION: The Supervisor of Elections recommends that the Board of County Commissioners adopt proposed Resolution No. 07-110 as drafted. COMMISSION ACTION: CONCURRENCE: Approved S-O ~] APPROVED [] DENIED [ ] OTHER: County Attorney: 0-, ), L ,w. Review and Approvals Management & Budget: Purchasing: Originating Dept.: Public Works Dir: County Eng : Finance (Check for Copy only, if applicable) Ò>"Py: CD. 511(ve..~c,r. 03/28/2007 13:28 FAX 7724621439 ST LUCIE SOE 141 001/001 MEMORANDU'M TO: FROM: DATE: SUBJECT: St. Lucie County Board of County Commissioners Gertrude Walker, Supervisor of Elections March 28, 2007 Resolution 07-110 - Creating a.nd Amènding Certain Election Precinct Boundaries and Polling Locations BACKGRQmrD: On July 20, 2006, at the request of the Supervi:30r of Elections of St. Lucie County, the board ad.opted Resolution No. 06-209 which amended Resolution No. 02-193 by a.mending ceJ:tain election precinct boundaries and polling locations. Attached to this memorandum. is a copy of proposed Resolution No. 07-110. RESOLUTIONS/CONCLUSION: The Supervisor of Elections recommends the Board of County Commissioners adopt Resolution NCI. 07-110 as drafted. Respectfully submitted, ~,~lok Gertrude Walker 7 Supervisor of Elections GW lac ." RESOLUTION NO. 07-110 A RESOLUTION AMENDING RESOLUTION NO. 06-209, BY SUBDIVIDING ELECTION PRECINCT 22 AND CREATING ELECTION PRECINCT 66 AND FURTHER BY CHANGING THE POLLING LOCATIONS FOR ELECTION PRECINCTS 25, 43, 64, 86. WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida has made the following determinations: 1. Section 101.001, Florida Statutes, authorizes the Board of County Commissioners, upon recommendation and approval of the S1. Lucie County Supervisor of Elections, to alter or create voting precincts in the County. 2. The Supervisor of Elections has recommended that the legal boundaries and polling places of certain precincts be amended to better serve the voters of S1. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofS1. Lucie County, Florida, as follows: 1. Resolution No. 06-209 shall hereby be amended to read as follows: 1 a. Section 18. The boundaries of Election Precinct No. 22 are herebv altered and fixed to comprise the following: area. to-wit: Beginning at the intersection of the centerline of Florida's Turnpike. Section 21. Township 37 South. Range 40 East. thence proiect a line South Easterly of said Florida's Turnpike to a point in the Northern Section of the North West Quarter Section of Section 21. Township 37 South. Range 40 East to intersect the centerline of Sims Circle: thence run Easterly along the centerline of said Sims Circle to intersect the centerline of Quav Street: thence run Easterly along the centerline of said Quav Street to intersect the centerline of Wake Road: thence run Southerly along the centerline of said Wake Road to intersect the centerline of West Snow Road: thence run Easterly along the centerline of said West Snow Roàd to intersect the centerline of Southbend Boulevard: thence run Southerly along the centerline of said Southbend Boulevard to intersect the centerline of Stow Terrace: thence run Easterlv and Southerly along the centerline of said Stow Terrace to intersect the centerline of East Snow Road: thence run Easterly along the centerline of said East Snow Road to intersect the centerline of Bay S1. Lucie Drive: thence run North - Easterly and South Easterly along said Bay St. Lucie Driye to intersect the centerline of Riyerbend Road; thence run South Easterly and North Easterly along said Riverbend Road to intersect the centerline of River bend Lane; thence run South Easterly along; the centerline of said Riverbend Lane and proiect a line to intersect the centerline of the North Fork of the St. Lucie River; thence run Northerly along said centerline of the North Fork of the St. Lucie River to intersect the centerline of Port St. Lucie Boulevard; thence run Westerly along the centerline of said Port St. Lucie Boulevard to intersect the centerline of Florida's Turnµike; thence run Southerlv along the centerline of said Florida's Turnpike to the point of the beginning. Paragraph three shall remain same. I b.. Section 21 is hereby amended to read as follows: Paragraph one shall remain same Paragraph two - Legal Description - shall remain same. Paragraph three shall read as follows: The voting place for said Election Precinct No. 25 shall be at the rilst Chtllcl, of the NaLalGhe, 611 GaldGllia Aveline, Days Inn. 3224 S. U.S. #1. St. Lucie County. Florida 34982. lc. Section 37 is hereby amended to read as follows: Paragraph one shall remain same Paragraph two - Legal Description - shall remain same. Paragraph three shall read as follows: The voting place for said Election Precinct No. 43 shall be at the St. DGllu\dette Catl,olk CllUICh, 350 N.\V. Califolhia Dhd., Tradition Town Hall. 10799 SW Civic Lane. St. Lucie County. Florida. 34987. Id. Section 76 is hereby amended to read as follows: Paragraph one shall remain same Paragraph two - Legal Description - shall remain same. Paragraph three shall read as follows: The voting place for said Election Precinct No. 64 shall be at the Lake~ood ralk Daptist Clhllch, 8103 Ihdtio Road, Lakewood Park Village Hall. 7508 Jennings Way. St. Lucie County. Florida. 34951. Ie. Section 78 is hereby amended to read as follows: Paragraph one shall remain same Paragraph two - Legal Description - shall remain same. Paragraph three shall read as follows: The voting place for said Election Precinct No. 86 shall be at the St. Dc'il1adcttc Catl,ölic ChàlCh, 350 N.W. Califölhia Dlvd., Sunlight Community Church. 477 SW Cashmere Blvd" St. Lucie County, Florida, 34986. 1 f.. Section 80 is hereby amended to read as follows: Section 80. A new Election Precinct to be designated as Precinct No. 66 is hereby created and the boundaries thereof fixed to comprise the following area, to wit: Beginning at the intersection of the centerline of Florida's Turnpike Section 21, Township 37 South, Range 40 East: thence proiect a line South Easterly of said Florida's Turnpike to a point in the Northern Section of the North West Quarter Section of Section 21, Township 37 South, Range 40 East to intersect the centerline of Sims Circle; thence run Easterly along the centerline of said Sims Circle to Intersect the centerline of Quay Street: thence run Easterly along the centerline of said Quay Street to intersect the centerline of Wake Road; thence run Southerly along the centerline of said Wake Road to intersect the centerline of West Snow Road: thence run Easterly along the centerline of said West Snow Road to intersect the centerline of Southbend Boulevard; thence run Southerly along the centerline of said Southbend Boulevard to intersect the centerline of Stow Terrace; thence run Easterly and Southerly along the centerline of said Stow Terrace to intersect the centerline of East Snow Road: thence run Easterly along the centerline of said East Snow Road to intersect the centerline of Bay St. Lucie Drive: thence run North Easterly and South Easterly along said Bay St. Lucie Drive to intersect the centerline of Riverbend Road: thence run South Easterly and North Easterlv along said Riverbend Road to intersect the centerline of River bend Lane; thence run South Easterly along the centerline of said Riverbend Lane and proiect a line to intersect the centerline ofthe North Fork of the St. Lucie River: thence run Southerly along the centerline of said North Fork of the St. Lucie River to intersect the East Limit Line of the City of Port St. Lucie: thence run Southerly and South Easterly along said East Limit Line of the City of Port St. Lucie to intersect the centerline of the Southern Boundary Line of the County ofSt. Lucie: thence run Westerly along the centerline of said Southern Boundary Line of the County of St. Lucie to intersect the centerline of Florida's Turnpike: thence run Northerlv along the centerline of said Florida's Turnpike to the point of the beginning. The voting place for said Election Precinct No. 66 shall be at Fire Station #13, 201 SE Becker Road, St. Lucie County, FL 34984 2. A certified copy of this resolution shall be recorded in the public records of St. Lucie County, Florida; a notice of this resolution shall be published once in The Tribune, a newspaper of general circulation in St. Lucie County, not more than thirty (30) days or fewer than seven (7) days prior to the next election; and a notice ofthis resolution shall be posted in a conspicuous place in the St. Lucie County Courthouse. In addition, a notice of the change of polling places shall be mailed to each registered elector or to each household in which there is a registered elector. 3. Except as amended by this resolution, all other terms and conditions of Resolution No. 06- 209 shall remain in full force and effect. After motion and second the vote on this resolution was as follows: Chairman Chris Craft XX Vice Chairman Joseph Smith XX Commissioner Paula A. Lewis XX Commissioner Charles Grande XX Commissioner Douglas Coward XX PASSED AND DULY ADOPTED this 3rd day of April, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. C-5-A DATE: 04/03/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel, Director SUBJECT: Second Amendment to Contract C06-05-346 with Snappy Auto Care, Inc. BACKGROUND: See the attached memo FUNDS AVAILABLE: Account#001-1920-546006-100 (Equipment Maintenance - Sublet) PREVIOUS ACTION: On February 27,2007 the Board of County Commissioners approved the first amendment to Contract C06-05-346 with to Snappy Auto Care, Inc. for preventive maintenance service. RECOMMENDATION: Staff recommends Board approve the second amendment to contract C06-05-346 with Snappy Auto Care, Inc. for Maintenance Services for Cars and Pick Up Trucks and permission for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: E: ~) APPROVED ( ) OTHER ( ) DENIED Approved S-O ADMINISTRATOR County Attorney (X) Originating Dept. ( ) (J/y tl L\. Coord ination/Siq natures Mgt. & Budget (X)~ Other ( ) Purchasing (X) -,:)ß{ Other ( ) Finance: (check for copy, only if applicable)_ ., PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: March 26, 2007 RE: Second Amendment to Contract C06-05-346 with Snappy Auto Care, Inc. BACKGROUND: On May 3, 2006, Bid #06-048 - Preventative Maintenance Services for Cars and Pick Up Trucks was open for the Central Service Department. One hundred and twenty-seven (127) vendors were notified, six (6) documents were distributed, and two (2) bids were received. On May 23, 2006 the Board of County Commissioners awarded St. Lucie County Bid No. 06-048 to Snappy Auto Care, Inc. for preventive maintenance service for an initial term of one (1) year with two (2) additional one-year renewal options. Due to the purchase of newer model vehicles, St. Lucie County is requiring different air filters to be installed during maintenance then originally bid. Staff would like to amend the line item on the bid addressing air filter to be a range ($8.00 to $25.00) so that St. Lucie County has the option to purchase the correct filter for each vehicle being maintained. On February 27,2007 the Board of County Commissioners approved the first amendment to Contract C06-05-346 with Snappy Auto Care, Inc. for preventive maintenance service. Staff now recommends exercising the first of the possible two (2) one-year renewal options. RECOMMENDATION: Staff recommends Board approve the second amendment to contract C06-05-346 with Snappy Auto Care, Inc. for Maintenance Services for Cars and Pick Up Trucks and permission for the Chairman to sign the amendment as prepared by the County Attorney. 1r C06-05-346 SECOND AMENDMENT TO MAY 23, 2006 CONTRACT BETWEEN ST. LUCIE COUNTY AND SNAPPY AUTO CARE, INC. THIS SECOND AMENDMENT, is made and entered into this day of , 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and SNAPPY AUTO CARE, INC. or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on May 23, 2006 the parties entered into a contract to provide preventive maintenance services for county's cars and pick-up trucks on an as needed basis; and, WHEREAS, on February 27, 2007 the parties amended the contract to allow a price change to two (2) line items on the bid form; and, WHEREAS, the parties desire to further amend the Contract to exercise the first of the possible two (2) one-year renewal options. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1 . Paragraph 7. TERM shall be amended to read as follows: 7. TERM The term of this Contract shall be for two (2) years and begin on May 23, 2006 and continue through May 22, 2008. Upon mutual agreement the term may be extended for one (1) additional one-year term. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 .. WITNESSES: C06-05-346 APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY SNAPPY AUTO CARE, INC. BY: Print Name: Title: 2 ! t__ '~- - J: ITEM NO. C-5B DATE: 4/3/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) - ,. ~ - - - -- - - - - - . - - ., - . ,'.. "¡ ::, " C _ - .:' - " ''-',""...-.;/'.' TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasinq Director SUBJECT: Permission to negotiate fees with Engineering firms short listed from Request For Qualifications #07-032, and if negotiations are successful, award continuing contracts to those firms to perform Engineering services for the S1. Lucie County International Airport BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: Funding is available on a per project basis. PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff requests Board approval to negotiate fees with Engineering firms short listed from Request For Qualifications #07-032; to award continuing contracts to those firms where negotiations are successful to perform Engineering services for the S1. Lucie County International Airport, and authorization for the Chairman to sign the contract as prepared by the County Attorney. ~, APPROVED ( ) OTHER ( ) DENIED COMMISSION ACTION: Approved 5-0 D gla . Anderson County Administrator County Attorney (X) /', I I, ( I"~ 1 1",,_ t Coordination/Sig natures Mgt. & Budget ( ) l-:{D ~ Purchasing (X) I~ , Airport (X) Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ , , " , '1'" "" ""","'0,,," ':!Ii "I'"",~'''H';' '''-''k'' ,¿.",,,,,-, ~"'!,,:r5"~~ ..~" f.~)~~~~~~~~1f ~~\'~'1)Þ:~.;,; i:~~~{~~ld1;;':~I't:Z:¡~ ~'tt:.4~"1t~ .~ t!',"...·o ,'t ,,;" ~,;.,"'.f~~,,-·,d~l:-·t'~- ,v" "'':!f .J~!'}I',.'~~"''~lO "",j( >-t"l'?',,"!;\ PURCHASING DEPARTMENT MEMORANDUM _'_"_'_._"" "....>_ _.' _.. ____~·'~__M·~._· ._. _L.h···_····.. ",.~_.___, .'..' , ._-.---~-..-. .....-···-._0·-·.' ,..__.._._..... TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: March 26, 2007 RE: Permission to negotiate fees with Engineering firms short listed from Request For Qualifications #07-032, and if negotiations are successful, award continuing contracts to those firms to perform Engineering services for the St. Lucie County International Airport Backaround: Pursuant to Florida Statutes 287.055, staff solicited qualifications packages from firms to perform Engineering Services on a continuing contract basis for the St. Lucie County Airport. 1582 firms were notified, 79 sets of Request for Qualifications documents were distributed, and 5 firms submitted. Since Florida law requires the County to make a determination of a Consultant's qualifications prior to their employment, the Qualifications Package was used to create a "shortlist" of the most qualified firms that submitted. Firms were evaluated based upon criteria established by State of Florida Statute and in addition also had to demonstrate Airport project expertise. The following firms submitted Firm Location Orlando, FI. Lake Mary, FI. Tampa, FI. Coral Gables, FI. Miami, FI. PBS&J LPA, Inc URS Corporation DMJM Aviation, Inc. Edwards & Kelcey After the initial evaluation of the written packages, three of the five firms were short listed (DMJM Aviation, Inc., PBS&J, and the LPA Group, Inc.) and invited to make presentations to staff regarding their understanding of the program requirements and their approach and methods to project implementation. A brief discussion ensued between staff and each firm after their presentations. Recommendation: Staff requests Board approval to negotiate fees with the short listed Engineering firms and award continuing contracts to those firms where negotiations are successful to perform Engineering services for the St. Lucie County International Airport, and authorization for the Chairman to sign the contract as prepared by the County Attorney. ITEM NO. C-5-C DATE: 04/03/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Department Neil Appel. Purchasinq Director SUBJECT: Second Amendment to Contract C04-02-101 with Blue Water Marine for the construction of Fishing Pier and Crabbing Docks. BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: Various Department Accounts PREVIOUS ACTION: On January 10, 2006 the Board of County Commissioners approved the first amendment to the Contract exercising the first one-year renewal option and allow a 5% increase. RECOMMENDATION: Staff recommends that the Board approve the Second Amendment to Contract C04-02-101 with Blue Water Marine exercising the second one- year renewal option, allow the 5% increase, and permit the Chairman to sign the Amendment as prepared by the County Attorney. COMMISSION ACTION: [>1, APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney:(X) í-jJ;./ Mgt. & Budget:;(x) Originating Dept: Other: Purchasing Mgr.:(X) - ,G¥> Other: Finance: (Check for Copy only, if Applicable) PURCHASING DEPARTMENT MEMORANDUM >__.,._.~. .._.~._~"L"'" ," . .'.~_ C ,..' >~ ____..""...___._',' ....._.____,_..._,_~._.".._______.___.~___~.___.~"'___.__~_,_~,_~_~.,_~.__,__~,_.__..__'".._..___..~._.~__._.W"'·_"'_ -~.~--- _un"~_"___'__'~" 0'. -______,._.__.".____...._________,._.~.____.______.__.--.-.-.- -- - - TO: S1. Lucie County Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: March 27, 2007 RE: Second Amendment to Contract C04-02-101 with Blue Water Marine for the construction of Fishing Pier and Crabbing Docks. Backaround: On January 28, 2004, Bid #04-018 was opened for Blind Creek - Fishing Pier Elevated Observation Deck/Crabbing Docks Construction. Nine hundred and fifty-four (954) vendors were notified, twenty-seven (27) bid documents were distributed and five (5) responses were received. Based on staffs initial review of the bids, we recommend award to the lowest responsive bidder Blue Water Marine Construction, Inc. for the construction of one Fishing Pier, one Elevated Observation Deck, and three Crabbing Docks, to be install at Blind Creek Park, in the amount $99,110.00. Staff also, recommends award of a two (2) year contract with two (2) one year renewals to Blue Water Marine Construction, Inc., at the unit price submitted. Each renewal period will allow a 5% cost increase. On February 24, 2004, the Board awarded Bid No. 04-108 to Blue Water Marine for the construction of Blind Creek Park Fishing Pier and Crabbing Docks. On January 10, 2006, the Board approved the first amendment to the contract exercising the first one-year renewal option and allow the 5% cost increase. Staff is now requesting approval of the Second Amendment to Contract #04-02-101 with Blue Water Marine Construction, Inc. which will exercise the second one-year renewal option and allow the 5% cost increase as follows: The fourth year of the contract will be as follows: Square foot unit pricing Fishing Pier (adds $1.89): $ 39.69/square foot (Per the Exhibit "A") Square foot unit pricing Crabbing Docks (adds $1.44): $ 30.32/square foot (Per the Exhibit "B") Option "A" Design Square foot unit pricing Fishing Pier (adds $2.19): Square foot unit pricing Crabbing Docks (adds $1.79): $ 45.89/square foot $ 37.67/square foot Recommendation: Staff recommends that the Board approve the Second Amendment to Contract C04-02-101 with Blue Water Marine Construction, Inc. exercising the second one-year renewal option, allow for the 5% cost increase, and permit the Chairman to sign the Amendment as prepared by the County Attorney. SECOND AMENDMENT TO FEBRUARY 24, 2004 CONTRACT BETWEEN ST. LUCIE COUNTY AND BLUE WATER MARINE CONSTRUCTION, INC. THIS FIRST AMENDMENT, is made and entered into this day of , 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and BLUE WATER MARINE CONSTRUCTION, INC. or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on February 24, 2004 the parties entered into a contract for the construction of Blind Creek Park Fishing Pier and Crabbing Docks; and, WHEREAS, on January 10, 2006 the parties amended the contract to exercise the first one-year renewal option and allow the 5% increase; and, WHEREAS, the parties desire to further amend the Contract to exercise the second one-year option of the Contract to use the square foot pricing on an as needed basis and allow the 5% increase for the second renewal period. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM AND TIME OF PERFORMANCE/DELA Y AND EXTENSIONS OF TIME shall be amended to read as follows: 6. TERM AND TIME OF PERFORMANCE/DELAYS AND EXTENSIONS OF TIME Unless terminated as provided for herein, the term of this Contract shall be for a period of four (4) years and begin on February 24, 2004. BLIND CREEK PARK FISHING PIER/ELEVATED OBSERVATION DECK/CRABBING DOCKS (3): The Contractor shall begin work within ten (1 O) calendar days after the signing, execution and delivery of written notice to proceed, and shall guarantee completion of the 1 Contract on or before July 1, 2004. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. In the event, the construction schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. ADDITIONAL PROJECTS PURSUANT TO THE PER SQUARE FOOT PRICE: The Contractor shall begin work within ten (10) calendar days after the signing, execution and delivery of written notice to proceed, and shall guarantee completion of the Contract pursuant to the written notice to proceed. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. In the event the construction schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the County shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. As the Contractor's sole and exclusive remedy for delay, the County may grant an extension of the contract time, when a critical item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. Claims for delay due to inclement weather (i.e., beyond the 10 year mean average) shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time 2 limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall only be done by Change Order. 2. Paragraph 8. CONTRACT PA YMENT/PRICING shall be amended to read as follows: 8. CONTRACT PAYMENT/PRICING The County shall pay the Contract for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total estimated amount in current funds being: $99,110.00 (Ninety- nine Thousand One Hundred Ten and 00/100). The contract allows for additional work to be performed by square foot unit pricing to be held firm, for the initial two year term as follows: Square foot unit pricing Fishing Pier: Square foot unit pricing Crabbing Docks: $ 36.00/square foot $ 27.50/square foot The third year of the contract will be as follows: Square foot unit pricing Fishing Pier: (Per the Exhibit "A") Square foot unit pricing Crabbing Docks: (Per the Exhibit "B") Option "A" Design Square foot unit pricing Fishing Pier: Square foot unit pricing Crabbing Docks: $ 37.80/square foot $ 28.88/square foot $ 43.70/square foot $ 35.88/square foot The fourth year of the contract will be as follows: Square foot unit pricing Fishing Pier: (Per the Exhibit "A") Square foot unit pricing Crabbing Docks: (Per the Exhibit "B") Option "A" Design Square foot unit pricing Fishing Pier: Square foot unit pricing Crabbing Docks: $ 39.69/square foot $ 30.32/square foot $ 45.89/square foot $ 37.67/square foot 3. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. 3 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: BLUE WATER MARINE CONSTRUCTION, INC. BY: Print Name: Title: 4 ::: c: - "'~~ U '-'--' 1'-' "'-"'I'" II .01-1 I~ J,I "I ,~ . ~ ~ ~ ~~;g A\lM 3nl8 OlèJONI ~ g ~ ~ « w a.. ~oiJ~ :IO I.JOU:!NltUO:) 1I\9N .... c 'tI1ft:IOM_._....IIO """""ml't..H.'O,..oIOlIII~yl'lOll ~N~~O ~JlJlIOHT1'Ot4IrHf·:H·NOIII::nIIISN:r.).~ilQ1'IN:)U'o'Jr.>I'fO Ja~11'InI~JflJIllfHJ.R!Ho\1'o:I~ _ _ r 1;11_1~1 ~ I~I z ~ tw '\'i t , " . ì ' H ih '1~ hð J . = 't· bf~ §~! ___u.._____.._......____... ......__.....____h..._.....Þ .......__._......uu._.... _............._...__..__..Þ 1/JtI~~.' o ~ WI1W:''1n p ,. -....--.............-..-, -........-.....-......... ,; ~ ,I 1 ! : ,r:- ii ~J f ~ ~ ~ :: . . ~:: ~""H".""""."'" . ~~ .I ~~ j ~ . i l f " " . o ~ j ji ΡJ °tr !'õ ft. II:~~ ......·n...·.._·_..· ~ ....__h.....·.."...__ ..... I,u", mu .mm ~nn ~tU~~:- ~;~H IU", ¡Em td¡m -"""''',' ..~ ... .. c - ...x ..{'{ ~ ~ ð" ¡::: '-' bi i3 a CI <{ \9 <\') , ~ r\ \ ~ " ~ " ..~ ~ ~ ~ ð ¡::: ~ ~~ i3 ~ 2,,~ ~ ~ c: ... ~ '''\ ~ ~~ ,'~ r' ' q "" ~ ~ ~ ~ ~ ... .... -~ i~~~i; ;;,1 ~9! ~'ï;t ~ .[ "i .. l. . bq ~!t ",:,.?ødS II!!.! .~. .D-,J ~ '-~ .. .q .... ... ~ ~;.. .., ....1 t. ~ ~ ~ ~.,. ~ i: ~ 'oE'e P -+ ~.~! '~ ~tt 1/ L- ( -4 J~ 1 " 1/ ..:. h -~ . ~j! '~ r-r. ¡ 0 . :: j i ! . , C ~ C '" ~ / -(f -1 ~ . ~ ~'o ~ - ~ . ~i~~ ~e -' ~.'; ".... ~ ~"'-." )~ () ~\ ),' ~~ ~ -1 ~ " ~ ~" <.J :::, ~ l/) C!} 5i i3 C) a .~ ...... V) ~ L::) It) ~~ , \) . ~ \) ~ '~ ~ ~.(~~ ~) ~ ".... ~ ..~ ~ ~ +. ,.J ~ ~~ ~ (); .... ~, " ~ ~.. ~ ~. ~ " ~ ~~ l/) a ~ ::x: " e¡ ~ \5) ~ .q- ~ J ~ L .€2t'i{>£ '*):¡, ~ o.;~1,.¡'1;.I" ~t~ ::)~~ ~J!,'".íb ~~f~~k(ii.:-~i'R; ~~ ",1 \>\~JJl4~""",,#~¡¡~'i~' if1~j" :f:,.,~i~"1;1 r,;!~, Y,tdfiA\'!,.z:1\~r~~.. ~~i'W~:;~~"ffl,t;'j :111"'~~, ITEM NO. C-5D DATE: 4/3/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Permission to advertise and issue; 1. - A Request for Qualifications to pre-qualify a short list of contractors who will then be eligible to bid to perform the construction of the new Emergency Operations Center and 2. Issue the Invitation to Bid to the pre-qualified contractors. BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: 001419-2510-562000-2615,316-1930-562000-2615, and 316-1930-562000-2615 PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests Board approval to advertise and issue; 1. - A Request for Qualifications to pre-qualify a short list of contractors who will then be eligible to bid to perform the construction of the new Emergency Operations Center; 2. Issue the Invitation to Bid to the pre-qualified contractors and 3. Bring the recommendation of the lowest responsible, responsive bidder to the Board for further recommendation. COMMISSION ACTION: ~,APPROVED () DENIED ( ) OTHER Approved 5-0 County Attorney (X) " I}" I/ I/!/ ~"~ ~~ Coordination/SiQ natures Mgt. & Budget ( ) Other ( ) Purchasing (X)/"4ø Other ( ) Finance: (cheeR or copy, only if applicable)_ ~ ~ - ~- - J: PURCHASING DEPARTMENT - MEMORANDUM "..~_<..___._,_,,__,..___... ...~_,._..,_..._,__.___.___._,.,.._,______.,__.__~.__.__"_"'_R~__'_~___'__'~"_ TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: March 28, 2007 RE: Permission to advertise and issue a Request for Qualifications for the construction of the new Emergency Operations Center. Backaround: The Board of County Commissioners approved the building of a new Emergency Operations Center to be located at the St. Lucie County Fairgrounds. To assist staff in choosing the best qualified contractors, staff is requesting permission to pre-qualify contractors prior to issuing the Invitation to Bid for the construction of the project. Recommendation: Staff requests Board approval to advertise and issue; 1. - A Request for Qualifications to pre-qualify a short list of contractors who will then be eligible to bid to perform the construction of the new Emergency Operations Center; 2. Issue the Invitation to Bid to the pre-qualified contractors and 3. Bring the recommendation of the lowest responsible, responsive bidder to the Board for further recommendation. · AGENDA REQUEST ITEM NO. C6-A DATE: April 3, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery PRESENTED BY: Bill Hoeffner SUBJECT: Approve an amendment to Contract C05-11-588 to increase a grant award by $24,500. The initial grant, from the Florida Division of Forestry, was for$100,OOO for removal of exotic plants from Vitolo Park and to replant the area with native vegetation. The additional funds will be utilized to expand the re-planting area. BACKGROUND: This grant from the Florida Division of Forestry in the amount of $100,000 was for restoration of a section of Vitolo Park on South Hutchinson Island. The grant was awarded in November 2005. The area was heavily infested with exotic plants including Australian Pine and Brazilian Pepper. An additional $24,500 is being provided to expand the project area. FUNDS AVAIL: The additional grant award requires a 25%match of $6,125. This will be provided from work activities that have already been completed, mainly burning of exotics. No additional cash funds will be required for the match. PREVIOUS ACTION: In July 2005, the Board approved the submittal of the grant application and the acceptance of the grant if awarded. RECOMMENDA TION: Staff recommends the amendment to the contract be approved. Approved 5-0 D gl s derson County Kdministrator Coordination/Signatures COMMISSION ACTION: [)". ] APPROVED [ ] OTHER: DENIED ~ County Attorney: y~ Originating Dept: ~~~ Finance: (copies on y) : Purchasing : Other: Mqt & Budget: Public Works: éoc", (1- ,:::>(}ð Florida Department of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner The Capitol . Tallahassee, FL 32399-0800 Please Respond to: Division of Forestry Forest Management Bureau 3125 Conner Blvd. C-25 Tallahassee, FL 32399-1650 Telephone: (850) 488-6611 Fax: (850) 921-6724 March 16, 2007 Mr. Bill Heffner St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 RE: Contract Number 10472 Dear Mr. Heffner: Enclosed are three copies of an Amendment which need to be signed, Once signed, please retain one copy for your records and return the other two copies to me as soon as possible. Should you have any questions, please don't hesitate to call me at (850)922-5832. Sincerely, CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE ~~~ Division of Forestry Enclosures (3) GRANTS RESOURCE/ DISASTER RECOVERY MAR 2 2 2007 ,11'1/;, ... ., -~- ~. Florida Agriculture and Forest Products $62 Billion for Florida's Economy ST LUCIE COUNTY FLORIDA Florida Department of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner The Capitol - Tallahassee, FL 32399-0800 Page 1 of 1 r 0 t C (' ,', n I' ." C ! C T ' ¡:., ::; t",,,·¡11 {-( ~ # OIOL.72 CONTRACT AMENDMENT Please Respond To: Florida Department of Agriculture and Consumer Services Division of Forestry Forest Management Bureau 3125 Conner Boulevard, C-25 Tallahassee, Florida 32399-1650 January 16, 2007 Mr. Chris Gamble St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 RE: Amendment of Contract # 10472. This letter, upon execution by both parties and attachment to the original contract shall serve to amend said contract. The contract shall be amended as follows: Add $24,500.00 for an expansion of the area covered by the existing project. Mike Gresham Director of Admnistration Department of Agriculture and Co r ervices (Signature) (Title) (Company) (Date) ~~~ ~ l2ìa. Florida Agriculture and Forest Products $ 87 Billion for Florida's Economy GRANTS RESOURCE/ DISASTER RECOVERY MAR 2 2 2007 ST LUCIE COUNTY FLORIDA Native Technologies™ CLIENT: ST. LUCIE COUNTYMOSQUITO CONTROL DISTRICT A WeItandsbank 6roup ComPòl1\' PROJECT: VITOLO URBAN FORESTRY GRANT PROJECT LOCATION: ST. LUCIE COUNTY, FLORIDA EXOTICS REMOVAL AND REVEGETATION & MULCHING RE: DATE: December 1, 2006 Native Technologies, Inc. (ND) is pleased to provide this proposal in accordance with the following scope of seIVices: EXOTICS REMOVAL: 1. NTI shall provide all labor, equipment, and materials necessary to remove all FLEPPC category one exotic and nuisance plant species throughout the approximate two (2) acre site. 2. NTI shall cut all trees into manageable pieces to be hauled off and dispos~d of offsite. REVEGETATION & MULCmNG: 1. NTI shall provide all labor, equipment, and materials necessary to install the following plant material: Ouantity 35 10 35 35 Size bare root 3 gallon 1 gallon 1 gallon Botanical Avicennia germinans Conocarpus erectus Myrica cerifera Rhizophora mangle Common Black Mangrove Green Buttonwood Wax Myrtle Red Mangrove 2. AU plant materials shall be installed in accordance with sound horticultural practices 3. AU plant material shall be watered at the time of initial installation. 4. All plant material shall be mulched with a ring three times the diameter of the plant at a depth of four (4") inches. OTHER CONDITIONS: 1. NTI shall not be responsible for acts beyond its reasonable control, adverse soil andlor water quality, or negligence by others, including, but not limited to, t 814 South Military Trail, Building 6' Deerfield Beach, FL 33442 888.301.1707' 954.596.2411 . Fax 954.480.6249· www.nativetechnologiesinc.com C2- State Certificate # CB-C0389% Pñnt.o on recydød peper@ inappropriate engineering or design. 2. NTI shall not be responsible for any hydrologic issues related to the site. 3. All planting areas must be free of weeds, construction demolition material, and any other trash. 4. Owner shall be responsible for obtaining and paying for any and all penn its required for the above stated work prior to commencement of the work and at no cost to Native Technologies, Inc. L !. 5. Invoices submitted for work completed shall be paid within 30 days of receipt. A finance charge of 1.500% per month or an annual percentage of 18.00% will be computed on all past due balances. 6. In the event that additional plants, vines, trees, etc. are added to the FLEPPC "List of Invasive Species," NTI reserves the right to adjust this contract if additional work is required. 7. Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. 8. This proposal shall be valid for 30 days. NOT INCLUDED: Sodding and/or seeding, water and/or soil sampling and associated laboratory analysis, continuous hydrographs, surveys, orange barricade fencing, surveying, maintenance of traffic, planting bed preparation, excess soil disposal, erosion controls, dewatering, trash removal, demolitions, location of underground utilities, maintenance and/or monitoring, and fence removal. CONTRACT FEES: 1. NTI agrees to perfonn the Exotics Removal services for the total sum of $9,192.00. 2. NT! agrees to perform the Revegetation & Mulching services for the total sum of $2,808.00. 4tl-. Robert B. Miller Chief Operating Officer Native Tec1uiologies, Inc. Accepted by: -----.- , "-"""'''--~~- 2 ATTACHMENT E BUDGET Specify Category 1,2,3,4, OR 5 and designate the applicable subcategory. Activity: Vitolo Park Exotic Invasive VeQetation Control Specific Description: Physical removal of 4 acres of intensely populated exotic invasives, installation of proiect-related culverts and a permanent water barrier SUMMARY OF COSTS (A 50/50 match on behalf of the Proposer is required) REQUESTED GRANT $ LOCAL MATCH $ I II Contractual costs 99,500.00 41,500.00 Personnel costs Travel costs Equipment costs Supplies costs Operating costs Tree costs 25,000.00 Overhead costs Total Requested Grant (I) Total Matching Costs (II) Total Program Costs (III) $ 124,500.00 $ $ 166,000.00 41,500.00 100% Add columns I and II for total III (100%) 75 % Grant request 25 % Local match A BUDGET, DETAILING ALL COSTS IDENTIFIED ABOVE MUST BE ATTACHED. PROJECT LOCATION INFORMATION (Please print or type - Complete where applicable) This project is for Population Zone 1 , 2, 3, or statewide (circle one). Please see ATTACHMENT K to determine the applicable region. County St. Lucie Describe the Specific Location of the Project: Approximately 6 miles south of the Fort Pierce Inlet on South Hutchinson Island, the park is divided into 2 approximately equal sections by Hwy A 1 A. Section, Township, Rance: 32 35S 41 E Who has Maintenance Responsibility for the Property (Category 2 Grants)? St. Lucie County Mosquito Control District Is the Land Ownership Public or Private?: Public Name of Landowner: St. Lucie County Board of County Commissioners Project Title: Vitolo Park Exotic Invasive VeQetation Control ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects (category 2A and 28) must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost (4#:) ($) ($) ($) Contractual (Description) In-Kind Burning 5,333.00 5,333.00 Physical removal of exotic trees, grubbing of stumps, piling and burning of same, Impound 3 103,000.00 99,500.00 36,167.00 excavation/scrape down of soils to below wetland grade to create a permanent water habitat fringe that will block re-infestation. Personnel (list titles or positions) Travel Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Eauipment (list items) Supplies· (list items) Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Operatim:¡ Costs (list) Trees (list species and size) White 50 Mangrove, 3 gal Buttonwood, 300 3 gal 1000 plants at 25,000.00 $25/each Red Bay, 3 gal 300 Gumbo Limbo, 50 3gal American 250 Beautyberry, 3 gal Shrub/lower 50 growing trees, 3 gal Overhead** * Total 124,500.00 41,500.00 ** Grant dollars may not be used to purchase food as supplies. Overhead costs up to 5% of total project cost may only be used as a matching cost. grant funds may not be used for overhead costs. * AGENDA REQUEST ITEM NO. C6-B DATE: April 3, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery PRESENTED BY: Ken Justice SUBJECT: Approve the submittal of a grant application to the Florida Department of Transportation Safe Routes to School Program for funding to design, permit, and construct a sidewalk adjacent to Weatherbee Road from the Savannas Recreation Area to Sunrise Boulevard. Also, to provide safer passage from the Indian River Estates subdivision to Weatherbee Elementary, the sidewalk will have north/south extensions to Indian River Estates along Buchanan Drive and Sunset Boulevard. estimated project cost is $2,100,000. However, this figure is only approximate at this time and will be refined when design and engineering are completed. The grant does not require a match. The Board is also asked to approve acceptance of the grant if funding is awarded. BACKGROUND: Weatherbee Elementary School, located on Weatherbee Road between U.S. Highway 1 and Midway Road, has been determined by the St. Lucie County School District to be its highest priority for a sidewalk. The school is in close proximity to a number of residential areas, including the 1,BOO-home Indian River Estates Subdivision. During the past two weeks, County staff met with staff from the School District and the City of Fort Pierce. It was the recommendation of all that this project be St. Lucie County's highest priority for this grant. Eligibility for the grant is limited to elementary schools. The grant will pay for design, engineering, and construction costs for sidewalks extending up to 2 miles from a school FUNDS AVAIL: No match is required. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the submittal of the grant application to the Florida Department of Transportation Safe Routes To School Program and the acceptance of the grant if funding is awarded. . ..~ County Attorney: f./ Originating Dept: ~ Finance: (copies nIy): Do Co Coordination/Signatures COMMISSION ACTION: ~] APPROVED [ ] OTHER: Approved 5-0 DENIED Mgt , Budget: Public Works: Purchasing : other: AGENDA REQUEST ITEM NO. c-7 DATE: April 3, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: David Brooks Enterprises, Inc. I Contract No. C05-12-636 Construction of the New Clerk of Court Building Change Order No.1 0 BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1930-562000-16012 (Buildings-Clerk of Court Bldg.) PREVIOUS ACTION: On March 20, 2007, Item No. c-9, the board approved reallocation offunds in the combined amount of $600,000 to cover additional cost associated with the construction of the New Clerk of Court Buildingl David Brooks Enterprises, #C05-12-636. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.1 0 to #C05-12-636, David Brooks Enterprises, incorporating the changes to the contract and increasing the contract sum an additional $140,938.00. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorn I MISSION ACTION: t'.] APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: #^ /:....' Originating Dept: G'~ Finance: (Check for Copy only, if Applicable) Coordination/Signatures Mgt. & Budget: f.::f() ~ It Purchasing Mgr.: Other: Other: Eft. 1/97 H:\AGENDA\AGENDA-192 DAVID BROOKS CO lC.DOC MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: April 3, 2007 SUBJECT: David Brooks Enterprises, Inc.! Contract No. C05-12-636 Construction of the New Clerk of Court Building Change Order No. 10 ****************************************************************************** BACKGROUND: On March 20, 2007, the Board of County Commissioners approved the reallocation of funds in the combined amount of $600,000 to cover additional cost associated with the construction of the New Clerk of Court Building by David Brooks Enterprises. Staff is ready to move forward with this and is seeking approval to incorporate the following changes to #C05-12-636: · 43R-Security Control-Cabling & Power · 5lR-Chilled Water Service to Rm. #333 · 53R-Interior Finish Changes · 55-Exhaust Fans Less Electrical · 55A-R-Electrical for Exhaust Fans · 56R-Sky Bridge Framing · 69-0verhead Door Operator $33,498.00 $39,118.00 $ 250.00 $23,623.00 $14,726.00 $27,097.00 $ 2,626.00 $140,938.00 These changes will increase #C05-12-636 with David Brooks Enterprises an additional $140,938.00 and staff is seeking approval to Change Order No. 10 to #C05-12-636. (Please see attached) RECOMMENDA TI ON: Staff recommends the Board of County Commissioners approve Change Order No.1 0 to #C05-12-636, David Brooks Enterprises, incorporating the changes to the contract and increasing the contract sum an additional $140,938.00. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) New Clerk of Courts Of;tLpe Bui1<4n?J CHANGE ORDER NUMBER: 10 INITIATION DArE: 19 March 2007 TO (Contractor): Dßyid B;r;-ooks Ente~p:r;;Lses{ ;Inc. 9000 Bu;r;-mp, ~d., j 101 p~l~ BeachG~:r;ðens, XL 33403 CONSULTANT'S PROJECT NO.: C05-,12-636 ST. LUCIE COUNTY CONTRACT NO: CONTRACT DATE: ~2-,07-05 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A -~es No) IncQ;¡;,po;r;-ate ch~n;;es to the cont;1;'p;ctsubJI}j.,tted As pend;i.n:; ch.a,n?Jes CP~C."j~st 43;I\-,A, 51R, 53'1\, 55, 55,1\""';£\, 56;R and 69 per the attached sunµr¡a,:r;y. The original (Contract Sum) {Gua~~¡;'AJ...GosB was.......................... Net change by previous authorized Change orders ..................................... The (Contract Sum) (G 'IJ¡l(.~,.I=l~~d-,~X,i.m,uI:r;k,CQ-.t) 'prior to this Change Order was ....... The (Contract Sum) (~lo4ar. :I.,ti¡9S-,M.a~~,GGst) will be (increased) (.eeer-ee5e€J or ..,Çl:).ac.,g.ed) by this Change Order ....................................................... The new (Contract Sum) J~ , ¡ar~,~,~m,¡, m-C~) including this Change Order will be The Contract Time will be.{¡'¡::¡G,¡::eaS9dt;,f~8Gj (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: $ll,863,000.00 $ '6~ 2 ~ 641 . 00 $12 , 475 ~ 6 4~ . 0 0 $ ~40r938.00 $12,6l6,579.00 <' 0 ) DaY$ 30Qct. 2007 Funds Available: Account Number (s;ee attached 9heet) The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of theentire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adj ustment to the Contract, and that Contractor wil1 waive all rights tofile a claim on this Change Order after it is properly executed, All work performed underthis Change Order shall be performed in accordance with the contract specifications, Recommended: Edlund Dritenbas Binkley & Arch ¡tect/En gin eer 65 Royal Palm Rointe, Vero Address As so c . Approved: Central $ervices St. Lucie County Department 2300 Virginia 'Ave., Address Ft. 'Pierce, FL B ch, )?L , By Agreed To: Dayid BrookE'¡ Ente;ç;priE'¡es, Inc. Contractor 900,0 BU;rrt}a ;E\d. ,#101, PBG, FL ~~TS ~ By Date By Date Authorized: St. Lucie County: 2300 Virginia Ave" Ft. Pierce, FL 34982 By Date Approved as to Form and Correctness D3Il~/o'7 Date County Attorney WHITI= _ \Il=l\Inf"l~ r::nl n~"I~f"In _ ~I"I ^"If'to ~CE:J::I\I DI ICf"'U ^ C'1h.1~ nuit.lv n""nAMTa.r-..IT ST. LUCIE COUNTY CLERK OF COURTS OFFICE BUILDING CHANGE ORDER NO.1 0 SUMMARY March 16, 2007 P.C. No. Description Price Days 43R-A Security Control - Cabling & Power $33,498 51R Chilled Water Service to Rm. # 333 $39,118 53R Interior Finish ChanQes $250 55 Exhaust Fans Less Electrical $23,623 55A-R Electrical for Exhaust Fans $14,726 56R Sky BridQe FraminQ $27,097 69 Overhead Door Operator $2,626 TOTALS $140,938 0 JAN 2 6, Z007 r"~-" r' 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 January 26, 2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Security Control Revisions - Cabling & Power Supplies Pending Change No. 43R-A Dear Greg: Change order NO.9 included the scope of work outlined as pending change no. 43R for the addition of designated security system raceways and hardware. At our jobsite meeting on January 17 we were asked to provide pricing for adding the electrical requirements for the power supply units and for furnishing cabling for future security system equipment and devices. The price for adding security system cabling and the electrical work associated with the planned power supplies is Thirty Three Thousand Four Hundred Ninety Eiaht Dollars ($33,498.00). Assuming a timely response we will not require additional contract time in order to perform this work. Please review the attached information and let me know if you have questions or I can be of further assistance. David B~ooks En ~ David Brooks President ACCEPTED: St. Lucie County By: Date: I Print Name I Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk of Courts\Pending Changes\P,C, #43R-A.doc General Contractors · Construction Management 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 FAXED MAR 1 9 2UUl DA V/O t:SHUOKS EÞJTEnrn/3Eß, I/<JC. Fax: 561.626.9980 March 19, 2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Chilled Water Service to Room # 333 Pending Change No. 51R - Revised Dear Greg: We offer to furnish and install plumbing, mechanical and electrical services to the computer server room # 333 as discussed and as outlined in the attached proposal information. This proposal is limited to the trade descriptions herein and excludes piping, connections and controls to the server itself. Our work will terminate at the chilled water valves. The net price for this work is Thirty Nine Thousand One Hundred Eiahteen Dollars ($39.118.00). We also request that the contract time be extended by four (4) calendar days in order to accommodate this change. Please review the attached documentation and let me know if you have questions or require additional information. Sincerely, David Brooks Enter ACCEPTED: St. Lucie County . \:)~~ David Brooks President By: Date: I Print Name I Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:IClerk of Cour1sIPending ChangesIP,C, #51R.doc General Contractors · Construction Management FEB (¡ \.t '(,Ii'" .J V I ..1\"'.( ¡..." L 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626,9960 Fax: 561.626.9980 February 9, 2007 Fax: (772) 462-1444 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 .*tv\ vJ'f \ ' ( ~) () CO' 1 '7J'b' I - - CO 7 ,.... l ~ .:-- Re: Clerk of Courts Office Building Interior Finish Changes Pending Change No. 53R - REVISED Dear Greg: The Architect questioned two of the drywall subcontractor items (# 5 & 6 on the attached spreadsheet) as well as the quotation from United Fire (Item # 8) in his review of the referenced proposal. K & S Drywall has since reduced their price and provided additional backup for their pricing. The question to United Fire was why they had to re-engineer their system for lower ceilings when you take into account the volume below the access flooring. United maintains their price and has responded with an explanation as to why the below floor volume is not part of their calculations. The drawings relating to the interior finishes that have been revised are listed below. On the Pending Change Log, we have been tracking these changes as P,C. #'s 41,47,48,49 & 53. Drwa. A-2 A-3 A-4 A-5 A-6 A-7 A-14 A-23 A-24 A-25 A-26 A-27 ID-1 ID-2 ID-3 ID-4 ID-5 ID-6 ID-7 ID-9 ID-10 Title Latest Rev. FIRST LEVEL PLAN SECOND LEVEL PLAN THIRD LEVEL PLAN FOURTH LEVEL PLAN FIFTH LEVEL PLAN ROOF PLAN BUILDING SECITONS STREET LEVEL REFLECTED CEILING PLAN FIRST FLOOR REFLECTED CEILING PLAN SECOND FLOOR REFLECTED CEILING PLAN THIRD FLOOR REFLECTED CEILING PLAN FOURTH FLOOR REFLECTED CEILING PLAN STREET LEVEL PLANS & DETAILS STREET LEVEL FINISHES PLAN FIRST LEVEL FINISHES PLAN SECOND LEVEL FINISHES PLAN THIRD LEVEL FINISHES PLAN FOURTH LEVEL FINISHES PLAN INTERIOR ELEVATIONS ROOM FINISH SCHEDULES FINISH SCHEDULES 11/13/06 11/13/06 11/13/06 11/13/06 11/13/06 11/13/06 10/12/06 10/12/06 10/12/06 10/12/06 10/12/06 10/12/06 10/09/06 10/10/06 10/10/06 1 0/1 0/06 10/10/06 10/09/06 12/11/06 08/24/06 08/24106 General Contractors · Construction Management JAN 2 6 l007 I~'" 9000 Burma Road, Suite 1 01 Palm Beach Gardens, FL 33403 561.626,9960 Fax: 561.626.9980 January 26, 2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Exhaust Fan Modificaitons Pending Change No. 55 Dear Greg: Mechanical drawings M-2, M-3, M-4, M-5 and M-8 were revised on December 6, 2006 showing a revised design for the bathroom exhaust fans on the referenced project. In addition to the mechanical work, there is a significant amount of cutting and patching associated with the proposed modifications. In addition to cutting in new wall penetrations, the existing floor penetrations will need to be closed off. The net price for the referenced work is Twenty Three Thousand Six Hundred Twenty Three Dollars ($23.623.00). Assuming a timely response we will not request a contract time extension. Please note that there will also be electrical costs associated with this change. The revised drawings were provided only this week; and a separate price will be submitted as soon as it becomes available. Also be advised that the supplier of the original exhaust fans is not willing to accept a return for credit so the fans will be delivered to you for your use. Please review the attached back-up information and let me know if you have questions or require anything else. ACCEPTED: St. Lucie County By: Date: / Print Name / Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk of CourtslPending Changes\P .C. #55,doc General Contractors · Construction Management MAR 0 6 2007 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561,626.9960 Fax: 561.626,9980 March 6, 2007 Mr. Greg White S1. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Electrical for Exhaust Fan Modifications Pending Change No. 55A-R REVISED Dear Greg: At the request of the engineer we have asked our electrical contractor to re-visit his pricing (and labor hours) for the referenced work. Fastrac Electric's revised quotation is attached which includes reduced pricing as well as an explanation of scope. According to Fastrac the circuitry for jockey pumps and water heaters (not indicated on the drawings but required) was also included in their proposal. The revised price for the additional circuitry as well as the revisions indicated on drawings E-1 0 through E-15, E-24 & E-25 revised Jan. 16,2007 is Fourteen Thousand Seven Hundred Twenty Six Dollars ($14.726.00), Please review the attached backup information and let me know if you have questions or require anything else. Sincerely, David Brooks Enterprises, Inc. ~ David Brooks President ACCEPTED: St. Lucie County By: Date: / Print Name I Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk of CouTts\Pending Changes\P,C. #55A-R.doc General Contractors · Construction Management JAN 2 6 Z007 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 January 26, 2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Sky Bridge Framing Pending Change No. 56R - REVISED Dear Greg: Per your request, we have revised pricing for the changes in the sky bridge framing previously submitted as Pending Change No. 56. The revised price deletes the cost of removing the existing framing as well as the cost of trash removal. The net price for framing per the EDB memo dated 04 Jan 2007 is Twenty Seven Thousand Ninety Seven Dollars ($27.097.00). Assuming a timely response we will not require additional contract time in order to perform this work. Please review the attached documentation and let me know if you have questions or require additional information, Sincerely, David Brooks Enterprises, Inc. ACCEPTED: Sl Lucie County David Brooks President By: Date: ~l / Print Name I Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk of Court5\Pending Changes\P,C. #56R.doc General Contractors · Construction Management 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 February 27, 2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Add Overhead Door Operator Pending Change No. 69 Dear Greg: We offer to add an electric motor and operator to the overhead door at the generator building for a net price of Two Thousand Six Hundred Twenty Six Dollars ($2.626.00). Please review the attached documentation and let me know if you have questions or require additional information. Sincerely, David Brooks Enterprises, Inc. Ð~ David Brooks President ACCEPTED: St. Lucie County By: Date: / Print Name / Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk of Courts\Pending Changes\P.C, #69,doc General Contractors · Construction Management AVAILABLE FUNDING FOR THE CONSTRUCTION OF THE NEW CLERK OF COURT BUILDING · 316-1930-562000-16012 · 315-1930-562000-16012 · 317-1930-562000-16012 · 310003-1930-562000-16012 · 316301-1930-562000-16012 .. AGENDA REQUEST .,. ITEM NO. c-8 DATE: April 3, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Atlantic Painting & Sandblasting I Waterproofing of State Attorney's Office-Empire I Approval to reallocate $900.00 from Central Services Project Reserves, amount needed to make available $74,900.00, total cost approved to accomplish this work through Bid #07-010. BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1931-599330-100 (Central Services Project Reserves) 001-1931-546200-1524 (State Atty BId Mtnc Imp) FUNDS WILL BE MADE AVAIL: 316-1931-546200-1524 (Maint. Projects-State Attorney-Empire I) 001-1931-546200-1524 (State Atty-Empire I) PREVIOUS ACTION: On February 6, 2007, the Board of County Commissioners approved Contract No. #C07-01-109 with Atlantic Painting & Sandblasting for Waterproofing of Various St. Lucie County Buildings, this includes State Attorney's Office-Empire I. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the reallocation of $900.00 from Central Services Project Reserves, amount needed to make available $74,900.00, total cost for Atlantic Painting & Sandblasting waterproofing project for the State Attorney's Office-Empire I. MISSION ACTION: [ ] APPROVED [] DENIED H OTHER: g nderson County Administrator C8 Pulled for more information. J,,,// 1.< County Attorney: " ' Originating Dept: ~ ~ Finance: (Check for Copy only, if Applicable) Mgt. & Budget: Purchasing Mgr.: Other: Other: Eff. 1/97 H:\AGENDA\AGENDA-191 WATERPROOF VARIOUS SLC BLDG'S. CORRECTION II.DOC ¡II>. MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: April 3, 2007 SUBJECT: Atlantic Painting & Sandblasting / Waterproofing of State Attorney' s Office-Empire I Approval to reallocate $900.00 from Central Services Project Reserves, amount needed to make available $74,900.00, total cost approved to accomplish this work through Bid #07-010. ****************************************************************************** BACKGROUND: On February 6,2007, Item #C-6D, the Board approved #C07-01-109 between St. Lucie County and Atlantic Painting & Sandblasting for waterproofing of various St. Lucie County buildings. One of these locations, the State Attorney's Office-Empire I bid came in at $74,900.00, currently that account has $74,000.00. Staff is seeking approval to reallocate $900.00 from Central Services Project Reserves; amount needed for the total contract amount of $74,900.00 for Atlantic Painting & Sandblasting waterproofing project at the State Attorney's Office-Empire I location, Bid #07-010. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the reallocation of$900.00 from Central Services Project Reserves, amount needed to make available $74,900.00, total cost for Atlantic Painting & Sandblasting waterproofing project for the State Attorney's Office-Empire 1. \ ITEM NO. c -9 DATE: April 3. 2007 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTILITIES DEPARTMENT PRE~ENTE~ B1: ///l¿¿'CLl &L l(aurie Case Utility Director SUBJECT: Staff requests approval of Change Order #5 with Danella Companies, Inc. for construction services related to the Midway Road Water Main Extension project in the amount of $27,984.35 and an extension of 60 days to the contract. FUNDS AVAILABLE: Lf.'z9 - .36{'ð ~ ð¿ 3CCCJ "' 3& 3{ PREVIOUS ACTION: Board of County Commissioners approved Contract #C05-03-211 between Danella Companies, Inc. and St. Lucie County in March 2005. RECOMMENDATION: Staff recommends that the Board Change Order #5 with Danella Companies, Inc. for construction services related to the Midway Road Water Main Extension project in the amount of $27,984.35 and an extension of 60 days to the contract. COMMISSION ACTION: ~APPROVED o OTHER: o DENIED Approved 5-0 {}~ Review and Approvals ):\ /I~() ~ J A cþv ~unty Attorney: ". "-.: ~anagement and Budget: ~ ~iginating DePt~t.¿{D - (l¡¡ 4,t.. 0 Other: o Purchasing: o Other: o Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St, Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. , UTILITY DEPARTMENT MEMORANDUM DATE: Board of County Commissioners Laurie Case, Utility Director \~ April 3, 2007 TO: FROM: RE: Change Order #5 - Danella Companies, Inc. BACKGROUND: This Change Order #5 is for the extension of 60 days to the contract for necessary work required by permitting and governmental requirements unaccounted for at the time of the contract. The additional time is required for the final inspections and approvals of work under Change Order #3 due to delays associated with the procurement of required water for chlorination and to insure that adequate time is included for final certification and final payments and for the inclusion of measured quantities needed to complete the project. The existing 12" water main had been built by a previous contractor but not chlorinated and cleared for service by FDEP. This section of 12" water main extends from Okeechobee Road (SR 70) south along Gordy Road where Danella Inc. connected the two sections of 12" water mains within the Landfill property. RECOMMENDATION: Staff recommends that the Board approve Change Order #5 with Danella Companies, Inc. for construction services related to the Midway Road Water Main Extension project in the amount of $27,984.35 and an extension of 60 days to the contract. CHANGE ORDER ST. LUCIE COUNTY PROJECT: CHANGE ORDER NUMBER: 5 St. Lucie County Midway Road WM Extension INITIATION DATE: 2/28/2007 CONSULTANT'S PROJECT NO.: TO (Contractor): Danella Companies, Inc. 1001 W. Cypress Creek Road, Suite 300 Ft. Lauderdale, FL 33309 ST. LUCIE COUNTY CONTRACT NO: CO-5-03-211 CONTRACT DATE You are directed to make the following changes in this contract: 12/16/2005 See attached Exhibit "A" The original (Contract Sum) (Guaranteed Maximum Cost) was Net change by previous authorized Change orders The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order The (Contract Sum) (Guaranteed Maximum Cost) will be increased by this Change Order The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be The Contract Time will be increased by The Date of Substantial Completion as of the date of this Change Order therefore is: $ 1,649,928.00 $ 238,256.72 $ 1,888,184.72 $ 27,984.35 $ 1,916,169.07 60 Apri/14th,2007 Funds Available: Account Number 479-3600-563000-3634 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order, By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Ordér, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents, Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed, All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: Masteller & Moler, Inc. Architect/Engineer 1655 27th Street, Suite 2, Vera Beach FL 32960 Address ~1h,~ By Agreed To: St. Lucie County Utilities St. Lucie County Department 2300 Virginia Avenue, Ft. Pierce, FL 34982 Address 3Jz'lo7 'Dat By: Laurie Case. Utility Director Authorized St Lucie County:2300 Virginia Ave., Ft. Pierce, FL 34982 Danella Companies, Inc, Contractor By Dare Approved as to Form and Correctness: County Attorney en ~ » "11 0 ~ -. a. » DJ c- o. ::¡' CD ::S" UI C a. 3 ï1 a. CD C/I CD 3' CD a. ;::¡: 0 (') ... ;::;: "0 :.=ï õ· ::S" ..., [ ëñ '< '§: -0 Õ· ::1 ::I a. Õ c a. ::s "0 (Q ~ ;J õ' a. CD !!. Q. C/I ::I :E CD _ ~ a.D) ::I ~ ::s 3' -'< ... fjÏ ... 3' ~ (Q o UI CD D) ... D) CD DJ (i) UI ëi1 ~UI CD ::s UI UI < 3 D) D) 0 ëi1 DJ a. -(') <" C" a. (') - '.J:2 -< CD D) C co ;::;: ;:s.S' CJ Õ'f-- ëi1 - :::¡;c. ::s ñ' :E a. UI D) - .- õ .... .... 0 -. ::J" ... I ... o .... ... I ::J" ::s ::S" ::J" CD D) CD CD (') ::s 'C (') ...-f-- --- - _u 0 f-- -, a. ë3 0 f-- f-- ::I "0 Õ ::s - 3 ~ .., :;- (') CD .... .... < ~ ;J !!. c 't:S 0 õ' 0 n. ëi1 i 0 c - 'C 3 Õ' ::I C/I 0 a. D) .... ::T '< CD ::s OJ 0 C :1 f-- 0 -- - DJ --- - CD '-- -- 3 ... 90 s¡ ::I ::I D ... CD 0 .... CD C 0 :1 - DJ .., CD - 3 DJ CJ DJ D) (it ... :;- 0 ::I (') CD !. 0 .... .... .... D) .J:2 0 ~ ~ ... C DJ C :1 C 3' ::I 3 0 ~ 0 !!. a. ã' .... 0 0 -....J (..) I\J (..) UI C f-- ,- ::I 3 f-- - õ' "t:J .... C a. ::I OJ CD ... CD .... ::I :E (') 0 ;::;: D) ... .... .... tA ::S" D) Õ' "C C CD ... ::I. ëi1 3' CD ::s 0 ... UI CD a. (') - D) 0 " Q) - ::s - f-- ë ... :1 -Eß -Eß -Eß C/I UI (') a. UI -Eß -'1) ~ I\J "C ... Õ' ::J" D) 01 -....J (» CD (\) !!. ::s Õ "t:J .., I\J ~ ~ 0 0 ëi' 0 ... 'C (» ?I 0 ?I 0 a. - :; ë3 0 0 0 0 ::I .J:2 3 D) < 0 0 0 0 .... ... .., õ' D) Q) - c - f-- CD (ñ s¡ D) D) F :1 UI C .... C ;::;: D) ::s ¡' ëi1 ::s a. !Þ a. a. CD ~ ... ... 0 0 .... D) 3' ::S" .,. -Eß ª :1 UI D) ~ ~ ... ::s 10 (» -Eß ;::;: C (Q ~ (» I\J ~ -Eß -Eß ~ Q) ¡. ëi1 CD en _CD _-....J _CD 9> (..) CD 3 UI ... 0 :.a. ~ CD CD CD Ò> j:.. 0 ::J" ... en ~ CD ~ .t>- (» -" c D) a. CD !>- 1'> -....J !::I ?I ::I ... CD (:) .... D) ... -....J (..) 0 (..) 0 0 0 a. Z .... IV 01 0 01 0 0 -.. CD 0 .J:2 9 ::T C C;.) Q) a ::I (Q CD co ... 0 3' , a. CD co .., -,- f-- " --- I--- -- ".- +-- ,- -I-f-- o :T Q) :s CC CD o .., Q. CD .., =It (J1 m >< :T -. cr -. ,... »