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HomeMy WebLinkAboutAgenda Packet 06-17-2008r June 17, 2008 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 6/13/08 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. 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 asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for 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 workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the 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. June 17, 2008 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us Joseph E. Smith, Chairman District No. 1 Paula A. Lewis, Vice Chairman District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 I. INVOCATION II. PLEDGE OF ALLEGIANCE k�5 z y III. MINUTES Approve the minutes from the June 10, 2008 meetin IV. ROCLAMATIONS/PRESENTATIONS �� esolution No. 08-200 — Proclaiming June 27, 2008, as "HIV Testing Day" in St. Lucie County, Florida — Consider staff recommendation to adopt Resolution No. 08-200 as drafted. V. GENERAL PUBLIC COMM'E/NT VI. CONSENT AGENDA �t A. WARRANTS Approve warrant list No. B. COUNTY ATTORNEY Chiller Plant - Water and Wastewater Supply Agreement with Fort Pierce Utilities Authority — Consider staff recommendation to approve the Water and Wastewater Supply Agreement with Fort Pierce Utilities Authority for the Chiller Plant, and authorize the Chairman to sign the agreement. C. PARKS REFFERENDUM Approval of FDOT Local Agency Program (LAP) Agreement for Emerson Avenue Sidewalk along Lakewood Park Regional Park and Budget Resolution No. 08-202 — Consider staff recommendation to approve the attached Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for up to $192,200 for construction of a sidewalk along Emerson Avenue at Lakewood Park Regional Park and authorize the Chairman to sign. Staff also recommends that the Board of County Commissioners approve Budget Resolution No. 08-202. D. ECONOMIC DEVELOPMENT Approval to issue a Letter of Intent between St. Lucie County and Lighthouse Industries covering a JGIG and an Ad Valorem Tax Abatement — Consider staff recommendation to approve the Letter of Intent and approval to draft the agreement for the ]GIG. The County also agrees to hold a public hearing to consider the Ad Valorem Tax Abatement at the appropriate time. E. PURCHASING 1. Board approval to advertise a Request for Proposals to hire a tennis professional to manage a tennis program for St. Lucie County — Consider staff recommendation to approve to advertise a Request for Proposals to hire a tennis professional to manage a tennis program for St. Lucie County. 2. Board approval of the assignment of contracts C06-10-672 and C07-12-707 from Tarheel Specialties, Inc. to TSI Disaster Recovery, LLC. — Consider staff recommendation to approve the assignment of contract C06-10-672 and C07-12-707 from Tarheel Specialties, Inc. to TSI Disaster Recovery, LLC and authorize the Chairman to sign the assignments as prepared by the County Attorney's office. 3. Board approval of fourth amendment to contract C05-08-485 with Genset Services, Inc. — Consider staff recommendation to approve the fourth amendment to contract C05-08-485 with Genset Services, Inc. and authorize the Chairman to sign the amendment as prepared by the County Attorney's office. F. SHERIFF'S OFFICE Permission to apply for the 2008 Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance — Consider staff recommendation to authorize the submission of the 2008 JAG application in the amount of $35,034. G. ADMINISTRATION Budget Amendment #08-026, requesting the Board to approve the transfer of $10,000 from Contingency (001-9910-599100-800) to the Value Adjustment Board Professional Services Account (001-1325-531000- 100) to finish paying invoices until the end of FY 07/08 — Consider staff recommendation to approve Budget Amendment #08-026 and requests that the Board approve transferring $10,000 from Contingency (001-9910-599100-800) to the Value Adjustment Board Professional Services (001-1325- 531000-100) to finish paying invoices until the end of FY 07/08. H. COMMUNITY SERVICES 1. Adopt Resolution No. 08-198 approving the revised schedule of fees, to become effective July 1, 2008, for services provided by the St. Lucie County Health Department — Consider staff recommendation to approve the revised schedule of fees, to become effective July 1, 2008, for services provided by the St. Lucie County Health Department. 2. Approve and authorize the Chair to sign Resolution No. 08-199 for the Florida Department of Transportation Joint Participation Agreement for the Ave D and 8t' Street Park & Ride — Consider staff recommendation to approve and authorize the Chair to sign Resolution 08-199 for the Florida Department of Transportation Joint Participation Agreement. 3. Approve and authorize the Chair to sign First Amendments to Sub Grant Agreement #1 and #2 to Contract #C04-12-566 with the Council on Aging of St. Lucie, Inc., - Consider staff recommendation to approve the First Amendment to the April 26, 2005, Sub Grant Agreement #1 and the June 14, 2005 Sub Grant Agreement #2 (FDOT IPA FM: #416101-1-84-01) with the Council on Aging of St. Lucie, Inc. (St. Lucie County Contract #C04-12-566). I. CENTRAL SERVICES 1. Change Order No. 26 to #C05-12-636, David Brooks Enterprises, Inc. Project: Phase I of the Old Clerk of Court Building remodeling project — Consider staff recommendation to approve Change Order No. 26 to #C05-12-636, David Brooks Enterprises. Change Order No. 26 will increase the contract by $160,407; the new contract sum will be $18,219,317, and increase contract time thirty-one (31) days for Phase I Old Clerk of Court Building remodeling project, changing the date of substantial completion to December 14, 2008. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. 2. Change Order No. 27 to #C05-12-636, David Brooks Enterprises, Inc. — Project: Construction of the downtown Chiller Plant and addition of the Sally Port Extension — Consider staff recommendation to approve Change Order No. 27 to #C05-12-636, David Brooks Enterprises. Change Order No. 27 will: 1) Incorporate the Sally Port Extension, at a cost of $71,515, into the scope of work for #C05-12- 636. The $71,515 will be funded from the sale of the Sheriff's Office helicopter. 2) Incorporate additional changes for the Chiller Plant. 3) Increase the contract by $63,025; the new contract sum will be $18,282,342. 4) Increase contract time forty-five (45) days for Chiller Plant and Sally Port Extension; changing the date of substantial completion to September 10, 2008. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. J. PARKS AND RECREATION Approval of small mobile stage for the Havert L. Fenn Center, Approval of Equipment Request No. 08-325 — Consider staff recommendation to approve equipment Request No. 08-325 for the purchase of a mobile stage for the Havert L. Fenn Center in the amount of $2,595. K. TRANSPORTATION PLANNING ORGANIZATION Request permission to purchase a laptop computer (EQ 08-323) for recording of TPO board and committee meetings and to stay in compliance with TPO by-laws and Florida Statutes — Consider staff recommendation to approve the purchase of a laptop computer, approve EQ08-323 and Budget amendment B L. AIRPORT ADDITION - Request the Board accept the Grant Offer from the Federal Aviation Administration (FAA) approve Budget Resolution #08-208 in the amount of $5,258,780 for 95% of the cost for the Runway 9LJ27R Runway and Taxiway Project, Environmental Mitigation, and Security Fencing at the St. Lucie County International Airport — Consider staff recommendation to accept the Grant Offer from the FAA (Project Number 3-12-0023-029-2008) in the amount of $5,258,780 for 95% of the cost for Runway 9LJ27R Runway and Taxiway Project, Environmental Mitigation, and Security Fencing projects at the St. Lucie County International Airport; approve Budget Resolution #08-208; and authorize the Chair or designee to execute same. END OF CONSENT AGENDA VII. PUBLIC HEARINGSZ C 2 JA. COUNTY ATTORNEY tt /rliw Ordinance No. 08-008 — Amending Section 7.10.23 of the Land Development Code —Revise Guidelines for the Siting of Wireless Telecommunications Towers and Antennas — Consider staff recommendation to adopt Ordinance No. 08-008 and authorize the Chairman to sign the Ordinance. y OWTH MANAGEMENT Petition of New Horizons of the Treasure Coast for a Major Adjustment to an Approved Conditional Use Permit to: • Expand Mental Health Facilities (Medical and other health services) and Social Services in the I (Institutional) Zoning District; • Allow for the proposed children's residential care program called "Children's Crisis Facility"; and • Consolidate previous New Horizons Conditional Use Permit approvals (File No.: CUMJ 120081380). Consider staff recommendation to adopt draft Resolution No. 08-150 granting New Horizons of the Treasure Coast a Major Adjustment to an Approved Conditional Use Permit to Expand Mental Health Facilities (Medical & other health services) and So I Services in the I (Institutional) Zoning ' trict and con lidate previous conditional use approvals. :�� Gd�./�'✓ o LIX GROWTH WT H MANAGEMENT7(Commcial, 4Petition of Grande Beach North Hutc son Island, Planned Mixed Use Development Site Plan Approval and a Change in Zoning from the Cial, General) Zoning District to the PMUD (Planned Mixed Use Development — Grande Beach)trict for a project to be known as Grande Beach PMUD (File No. PMUD 1220071379) — Considommendation to adopt Resolution No. 08- 180 granting Final Planned Mixed Use Developmentpproval and a Change in Zoning from the CG (Commercial, General) Zoning District for a pronown as Grande Beach PMUD, subject to the conditions herein. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. COUNTY ATTORNEY a0w4� b�' o-- '/ "° / `a' �� t -1 A �—�C 10 Resolution No. 08-206 — Authorizing Refunding of the County's Improvement Revenue Note, Series 2003 and Improvement Revenue Note, Series 2004E — Consider staff recommendation to adopt Resolution No. 08-206 and authorize the Chairman to sign the Resolution.�j� IX. COUNTY ATTORNEY Local Option Gas Tax Division of Proceeds Beginning September 1, 2008 — Consider staff recommendation that the Board determine whether to approve the annual redetermination set out in the attached memorandum and direct the County Attorney to notify them of Revenue of the redetermination by July 1, 2008. ANNOUNCEMENTS / 1. The June 24`h Regular Board of County Commissioners Meeting and the June 24" Informal Meeting have been canceled due to lack of quorum. Three or more Commissioners will be attending the Florida Association of Counties' Conference. 2. The Board of County Commissioners will hold an Informal Monthly Meeting on Monday, June 30, 2008 at 2:00 p.m. in Conference Room #3. 3. County offices will be closed on Friday, July 4, 2008 to observe Independence Day. 4. The Board of County Commissioners Budget Workshops will begin Monday, July 7, 2008 and run through Thursday, July 10, 2008. ' 5. The Board of County Commissioners will adopt the proposed budget millage during the Regular Meeting on Tuesday, July 15, 2008 at 6:00 p.m. in the County Commission Chambers, 6. The July 22od Regular Board of County Commissioners Meeting and the July 22nd Informal Meeting have been canceled due to lack of quorum. Three or more Commissioners will be attending the Airport Conference. 7. The August 26th Regular Board of County Commissioners Meeting and the August 26th Informal Meeting have been canceled. 8. County offices will be closed on Monday, September 1, 2008 to observe Labor Day. 9. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 4, 2008 at 6:00 p.m. 10. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 18, 2008 at 6:00 p.m. 11. The November 4th Regular Board of County Commissioners Meeting has been canceled due to the General Election. 12. County offices will be closed on Tuesday, November 11, 2008 to observe Veteran's Day. 13. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 18, 2008 at 9:00 a.m. in the County Commission Chamber. 14. County offices will be closed on Thursday, November 27, 2008 and Friday, November 26, 2008 to observe Thanksgiving. 15. The December 23rd Regular Board of County Commissioners Meeting has been canceled. 16. County offices will be closed on Thursday, December 25, 2008 and Friday, December 26, 2008 to observe Christmas. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken 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. EROSION CONTROL DISTRICT www.co.st-lucie.fl.us Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Joseph E. Smith District No. 1 Paula A. Lewis District No. 3 I. CONSENT AGENDA A. PUBLIC WORKS Artificial Reef Grant Program: Approval to accept a supplemental $60,000.00 from the Florida Fish and Wildlife Conservation Commission (FWC) as described in grant contract FWC-07304 — Consider staff recommendation to approve the attached FWC contract 07304 to accept $60,000.00 and signature by the Chairman. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken 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 TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. R ,uodu, June 17, 2008 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 6113/08 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. 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 2rior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for 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 workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the 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. June 17, 2008 6:00 P.M. I II BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us Joseph E. Smith, Chairman District No. 1 Paula A. Lewis, Vice Chairman District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 INVOCATION �J It ��r�nCt PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 10, 2008 meeting. IV. PROCLAMATIONS/PRESENTATIONS (� ej Resolution No. 08-200 — Proclaiming June 27, 2008, as "HIV Testing Day" in St. Lucie County, Florida — 11D � Consider staff recommendation to adopt Resolution No. 08-200 as drafted. I'I � V. GENERAL PUBLIC COMMENT `' VI. CONSENT AGENDA�,�1t�%n �L�ly>'i IlQ li/l1Sev,� v�i.�.TQJ"` 5 "r`� A. WARRANTS 0d' Approve warrant list No. 3,f 37 B. COUNTY ATTORNEY Chiller Plant - Water and Wastewater Supply Agreement with Fort Pierce Utilities Authority — Consider staff recommendation to approve the Water and Wastewater Supply Agreement with Fort Pierce Utilities Authority for the Chiller Plant, and authorize the Chairman to sign the agreement. C. PARKS REFFERENDUM Approval of FDOT Local Agency Program (LAP) Agreement for Emerson Avenue Sidewalk along Lakewood Park Regional Park and Budget Resolution No. 08-202 — Consider staff recommendation to approve the attached Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for up to $192,200 for construction of a sidewalk along Emerson Avenue at Lakewood Park Regional Park and authorize the Chairman to sign. Staff also recommends that the Board of County Commissioners approve Budget Resolution No. 08-202. D. ECONOMIC DEVELOPMENT Approval to issue a Letter of Intent between St. Lucie County and Lighthouse Industries covering a JGIG and an Ad Valorem Tax Abatement — Consider staff recommendation to approve the Letter of Intent and approval to draft the agreement for the JGIG. The County also agrees to hold a public hearing to consider the Ad Valorem Tax Abatement at the appropriate time. E. PURCHASING 1. Board approval to advertise a Request for Proposals to hire a tennis professional to manage a tennis program for St. Lucie County — Consider staff recommendation to approve to advertise a Request for Proposals to hire a tennis professional to manage a tennis program for St. Lucie County. 2. Board approval of the assignment of contracts C06-10-672 and C07-12-707 from Tarheel Specialties, Inc. to TSI Disaster Recovery, LLC. — Consider staff recommendation to approve the assignment of contract C06-10-672 and C07-12-707 from Tarheel Specialties, Inc. to TSI Disaster Recovery, LLC and authorize the Chairman to sign the assignments as prepared by the County Attorney's office. 3. Board approval of fourth amendment to contract C05-08-485 with Genset Services, Inc. — Consider staff recommendation to approve the fourth amendment to contract C05-08-485 with Genset Services, Inc. and authorize the Chairman to sign the amendment as prepared by the County Attorney's office. F. SHERIFF'S OFFICE Permission to apply for the 2008 Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance — Consider staff recommendation to authorize the submission of the 2008 JAG application in the amount of $35,034. G. ADMINISTRATION Budget Amendment #08-026, requesting the Board to approve the transfer of $10,000 from Contingency (001-9910-599100-800) to the Value Adjustment Board Professional Services Account (001-1325-531000- 100) to finish paying invoices until the end of FY 07/08 — Consider staff recommendation to approve Budget Amendment #08-026 and requests that the Board approve transferring $10,000 from Contingency (001-9910-599100-800) to the Value Adjustment Board Professional Services (001-1325- 531000-100) to finish paying invoices until the end of FY 07/08. H. COMMUNITY SERVICES 1. Adopt Resolution No. 08-198 approving the revised schedule of fees, to become effective July 1, 2008, for services provided by the St. Lucie County Health Department — Consider staff recommendation to approve the revised schedule of fees, to become effective July 1, 2008, for services provided by the St. Lucie County Health Department. 2. Approve and authorize the Chair to sign Resolution No. 08-199 for the Florida Department of Transportation Joint Participation Agreement for the Ave D and 8"' Street Park & Ride — Consider staff recommendation to approve and authorize the Chair to sign Resolution 08-199 for the Florida Department of Transportation Joint Participation Agreement. 3. Approve and authorize the Chair to sign First Amendments to Sub Grant Agreement #1 and #2 to Contract #C04-12-566 with the Council on Aging of St. Lucie, Inc., - Consider staff recommendation to approve the First Amendment to the April 26, 2005, Sub Grant Agreement #1 and the June 14, 2005 Sub Grant Agreement #2 (FDOT JPA FM: #416101-1-84-01) with the Council on Aging of St. Lucie, Inc. (St. Lucie County Contract #C04-12-566). I. CENTRAL SERVICES 1. Change Order No. 26 to #C05-12-636, David Brooks Enterprises, Inc. Project: Phase I of the Old Clerk of Court Building remodeling project — Consider staff recommendation to approve Change Order No. 26 to #C05-12-636, David Brooks Enterprises. Change Order No. 26 will increase the contract by $160,407; the new contract sum will be $18,219,317, and increase contract time thirty-one (31) days for Phase I Old Clerk of Court Building remodeling project, changing the date of substantial completion to December 14, 2008. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. 2. Change Order No. 27 to #C05-12-636, David Brooks Enterprises, Inc. — Project: Construction of the downtown Chiller Plant and addition of the Sally Port Extension — Consider staff recommendation to approve Change Order No. 27 to #C05-12-636, David Brooks Enterprises. Change Order No. 27 will: 1) Incorporate the Sally Port Extension, at a cost of $71,515, into the scope of work for #C05-12- 636. The $71,515 will be funded from the sale of the Sheriff's Office helicopter. 2) Incorporate additional changes for the Chiller Plant. 3) Increase the contract by $63,025; the new contract sum will be $18,282,342. 4) Increase contract time forty-five (45) days for Chiller Plant and Sally Port Extension; changing the date of substantial completion to September 10, 2008. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. J. PARKS AND RECREATION Approval of small mobile stage for the Havert L. Fenn Center, Approval of Equipment Request No. 08-325 — Consider staff recommendation to approve equipment Request No. 08-325 for the purchase of a mobile stage for the Havert L. Fenn Center in the amount of $2,595. K. TRANSPORTATION PLANNING ORGANIZATION Request permission to purchase a laptop computer (EQ 08-323) for recording of TPO board and committee meetings and to stay in compliance with TPO by-laws and Florida Statutes — Consider staff recommendation to approve the purchase of a laptop computer, approve EQ08-323 and Budget amendment BA-027. L. AIRPORT ADDITION - Request the Board accept the Grant Offer from the Federal Aviation Administration (FAA) approve Budget Resolution #08-208 in the amount of $5,258,780 for 95% of the cost for the Runway 9L/27R Runway and Taxiway Project, Environmental Mitigation, and Security Fencing at the St. Lucie County International Airport — Consider staff recommendation to accept the Grant Offer from the FAA (Project Number 3-12-0023-029-2008) in the amount of $5,258,780 for 95% of the cost for Runway 9L/27R Runway and Taxiway Project, Environmental Mitigation, and Security Fencing projects at the St. Lucie County International Airport; approve Budget Resolution #08-208; and authorize the Chair or designee to execute same. END OF CONSENT AGENDA VII. PUBLIC HEARINGS COUNTY ATTORNEY Ordinance No. 08-008 — Amending Section 7.10.23 of the Land Development Code — Revise Guidelines for the Siting of Wireless Telecommunications Towers and Antennas — Consider staff recommendation to adopt Ordinance No. 08-008 and authorize the Chairman to sign the Ordinance. C�� B. „ GROWTH MANAGEMENT arri24`�"sr u5 ��� �rLe�r� �����bl 1 �d�� �vado�f �',F;onalc�se al f� s,,e� fC Petition of New Horizons of the'fireasu Ws for a Ma�o�r�Adjustment to an Approved Conditional Use Permit to: J �• Expand Mental Health Facilities (Medical and other health services) and Social Services in the I (Institutional) Zoning District; • Allow for the proposed children's residential care program called "Children's Crisis Facility"; and • Consolidate previous New Horizons Conditional Use Permit approvals (File No.: CUM] 120081380). Consider staff recommendation to adopt draft Resolution No. 08-150 granting New Horizons of the Treasure Coast a Major Adjustment to an Approved Conditional Use Permit to Expand Mental Health Facilities (Medical & other health services) and Social Services in the I (Institutional) Zoning District and consolidate previous conditional use approvals. C. GROWTH MANAGEMENT' Petition of Grande Beach North Hutchinson Island, LLC, for Final Planned Mixed Use Development Site ;( Plan Approval and a Change in Zoning from the CG (Commercial, General) Zoning District to the PMUD J 2 (Planned Mixed Use Development — Grande Beach) Zoning District for a project to be known as Grande Beach PMUD (File No. PMUD 1220071379) — Consider staff recommendation to adopt Resolution No. 08- ry 180 granting Final Planned Mixed Use Development Site Plan Approval and a Change in Zoning from the ea, CG (Commercial, General) Zoning District for a project to be known as Grande Beach PMUD, subject to the conditions herein. , L17r4.tq _`le5 END OF PUBLIC HEARINGS e,7nm - � CAM 17'�ir . Lam, 5 Ye5 C�rnrn �t wu� —tiro REGULAR AGENDA �vl�/h ��� �' y 2 VIII. COUNTY ATTORNEY Resolution No. 08-206 — Authorizing Refunding of the County's Improvement Revenue Note, Series 2003 and [� Improvement Revenue Note, Series 2004B — Consider staff recommendation to adopt Resolution No. 08-206 and -CJ authorize the Chairman to sign the Resolution. I% COUNTY ATTORNEY ,(0'e Local Option Gas Tax Division of Proceeds Beginning September 1, 2008 — Consider staff recommendation that the Board determine whether to approve the annual redetermination set out in the attached memorandum and direct the County Attorney to notify the Department of Revenue of the redetermination by July 1, 2008. ANNOUNCEMENTS 1. The June 241h Regular Board of County Commissioners Meeting and the June 24th Informal Meeting have been canceled due to lack of quorum. Three or more Commissioners will be attending the Florida Association of Counties' Conference. 2. The Board of County Commissioners will hold an Informal Monthly Meeting on Monday, June 30, 2008 at 2:00 p.m. in Conference Room #3. 3. County offices will be closed on Friday, July 4, 2008 to observe Independence Day. 4. The Board of County Commissioners Budget Workshops will begin Monday, July 7, 2008 and run through Thursday, July 10, 2008. 5. The Board of County Commissioners will adopt the proposed budget millage during the Regular Meeting on Tuesday, July 15, 2008 at 6:00 p.m. in the County Commission Chambers. 6. The July 22nd Regular Board of County Commissioners Meeting and the July 22rd Informal Meeting have been canceled due to lack of quorum. Three or more Commissioners will be attending the Airport Conference. 7. The August 26`h Regular Board of County Commissioners Meeting and the August 26th Informal Meeting have been canceled. 8. County offices will be closed on Monday, September 1, 2008 to observe Labor Day. 9. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 4, 2008 at 6:00 p.m. 10. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 18, 2008 at 6:00 p.m. 11. The November 41h Regular Board of County Commissioners Meeting has been canceled due to the General Election. 12. County offices will be closed on Tuesday, November 11, 2008 to observe Veteran's Day. 13. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 18, 2008 at 9:00 a.m. in the County Commission Chamber. 14. County offices will be closed on Thursday, November 27, 2008 and Friday, November 28, 2008 to observe Thanksgiving. 15. The December 23rd Regular Board of County Commissioners Meeting has been canceled. 16. County offices will be closed on Thursday, December 25, 2008 and Friday, December 26, 2008 to observe Christmas. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken 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. EROSION CONTROL DISTRICT www.co.st-lucie.fl.us Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Joseph E. Smith District No. 1 Paula A. Lewis District No. 3 I. CONSENT AGENDA A. PUBLIC WORKS Artificial Reef Grant Program: Approval to accept a supplemental $60,000.00 from the Florida Fish and Wildlife Conservation Commission (FWC) as described in grant contract FWC-07304 — Consider staff recommendation to approve the attached FWC contract 07304 to accept $60,000.00 and signature by the Chairman. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken 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 TOD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. June 17, 2008 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 6/13/08 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. 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 PX 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 asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for 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 workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the 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. uZ( Dg 4.&vjA�Ivt AV . � KiCA2 June 17, 2008 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us $ COUP Joseph E. Smith, Chairman District No. 1 I vkL' Paula A. Lewis, Vice Chairman District No. 3 1 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 INVOCATION PLEDGE OF ALLEGIANCE 14 MINUTES Approve the minutes from the June 10, 2008 meeting. W PROCLAMATIONS/PRESENTATIONS Resolution No. 08-200 — Proclaiming June 27, 2008, as "HIV Testing Day" in St. Lucie County, Florida — Consider staff recommendation to adopt Resolution No. 08-200 as drafted. ,V GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 37--s B. COUNTY ATTORNEY r Chiller Plant - Water and Wastewater Supply Agreement with Fort Pierce Utilities Authority — Consider staff recommendation to approve the Water and Wastewater Supply Agreement with Fort Pierce Utilities Authority for the Chiller Plant, and authorize the Chairman to sign the agreement. C. PARKS REFFERENDUM Approval of FDOT Local Agency Program (LAP) Agreement for Emerson Avenue Sidewalk along Lakewood Park Regional Park and Budget Resolution No. 08-202 — Consider staff recommendation to approve the attached Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for up to $192,200 for construction of a sidewalk along Emerson Avenue at Lakewood Park Regional Park and authorize the Chairman to sign. Staff also recommends that the Board of County Commissioners approve Budget Resolution No. 08-202. D. ECONOMIC DEVELOPMENT Approval to issue a Letter of Intent between St. Lucie County and Lighthouse Industries covering a JGIG and an Ad Valorem Tax Abatement — Consider staff recommendation to approve the Letter of Intent and approval to draft the agreement for the JGIG. The County also agrees to hold a public hearing to consider the Ad Valorem Tax Abatement at the appropriate time. 4 E. PURCHASING 1. Board approval to advertise a Request for Proposals to hire a tennis professional to manage a tennis program for St. Lucie County — Consider staff recommendation to approve to advertise a Request for Proposals to hire a tennis professional to manage a tennis program for St. Lucie County. 2. Board approval of the assignment of contracts C06-10-672 and C07-12-707 from Tarheel Specialties, Inc. to TSI Disaster Recovery, LLC. — Consider staff recommendation to approve the assignment of contract C06-10-672 and C07-12-707 from Tarheel Specialties, Inc. to TSI Disaster Recovery, LLC and authorize the Chairman to sign the assignments as prepared by the County Attorney's office. 3. Board approval of fourth amendment to contract C05-08-485 with Genset Services, Inc. — Consider staff recommendation to approve the fourth amendment to contract C05-08-485 with Genset Services, Inc. and authorize the Chairman to sign the amendment as prepared by the County Attorney's office. F. SHERIFF'S OFFICE Permission to apply for the 2008 Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance — Consider staff recommendation to authorize the submission of the 2008 JAG application in the amount of $35,034. G. ADMINISTRATION Budget Amendment #08-026, requesting the Board to approve the transfer of $10,000 from Contingency (001-9910-599100-800) to the Value Adjustment Board Professional Services Account (001-1325-531000- 100) to finish paying invoices until the end of FY 07/08 — Consider staff recommendation to approve Budget Amendment #08-026 and requests that the Board approve transferring $10,000 from Contingency (001-9910-599100-800) to the Value Adjustment Board Professional Services (001-1325- 531000-100) to finish paying invoices until the end of FY 07/08. H. COMMUNITY SERVICES 1. Adopt Resolution No. 08-198 approving the revised schedule of fees, to become effective July 1, 2008, for services provided by the St. Lucie County Health Department — Consider staff recommendation to approve the revised schedule of fees, to become effective July 1, 2008, for services provided by the St. Lucie County Health Department. 2. Approve and authorize the Chair to sign Resolution No. 08-199 for the Florida Department of Transportation Joint Participation Agreement for the Ave D and 8`h Street Park & Ride — Consider staff recommendation to approve and authorize the Chair to sign Resolution 08-199 for the Florida Department of Transportation Joint Participation Agreement. 3. Approve and authorize the Chair to sign First Amendments to Sub Grant Agreement #1 and #2 to Contract #C04-12-566 with the Council on Aging of St. Lucie, Inc., - Consider staff recommendation to approve the First Amendment to the April 26, 2005, Sub Grant Agreement #1 and the June 14, 2005 Sub Grant Agreement #2 (FDOT JPA FM: #416101-1-84-01) with the Council on Aging of St. Lucie, Inc. (St. Lucie County Contract #C04-12-566). I. CENTRAL SERVICES 1. Change Order No. 26 to #C05-12-636, David Brooks Enterprises, Inc. Project: Phase I of the Old Clerk of Court Building remodeling project — Consider staff recommendation to approve Change Order No. 26 to #C05-12-636, David Brooks Enterprises. Change Order No. 26 will increase the contract by $160,407; the new contract sum will be $18,219,317, and increase contract time thirty-one (31) days for Phase I Old Clerk of Court Building remodeling project, changing the date of substantial completion to December 14, 2008. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. 2. Change Order No. 27 to #C05-12-636, David Brooks Enterprises, Inc. — Project: Construction of the downtown Chiller Plant and addition of the Sally Port Extension — Consider staff recommendation to approve Change Order No. 27 to #C05-12-636, David Brooks Enterprises. Change Order No. 27 will: 1) Incorporate the Sally Port Extension, at a cost of $71,515, into the scope of work for #C05-12- 636. The $71,515 will be funded from the sale of the Sheriff's Office helicopter. 2) Incorporate additional changes for the Chiller Plant. 3) Increase the contract by $63,025; the new contract sum will be $18,282,342. 4) Increase contract time forty-five (45) days for Chiller Plant and Sally Port Extension; changing the date of substantial completion to September 10, 2008. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. J. PARKS AND RECREATION Approval of small mobile stage for the Havert L. Fenn Center, Approval of Equipment Request No. 08-325 — Consider staff recommendation to approve equipment Request No. 08-325 for the purchase of a mobile stage for the Havert L. Fenn Center in the amount of $2,595. K. TRANSPORTATION PLANNING ORGANIZATION Request permission to purchase a laptop computer (EQ 08-323) for recording of TPO board and committee meetings and to stay in compliance with TPO by-laws and Florida Statutes — Consider staff recommendation to approve the purchase of a laptop computer, approve EQ08-323 and Budget amendment BA-027. L. AIRPORT ADDITION - Request the Board accept the Grant Offer from the Federal Aviation Administration (FAA) approve Budget Resolution #08-208 in the amount of $5,258,780 for 95% of the cost for the Runway 9L/27R Runway and Taxiway Project, Environmental Mitigation, and Security Fencing at the St. Lucie County International Airport — Consider staff recommendation to accept the Grant Offer from the FAA (Project Number 3-12-0023-029-2008) in the amount of $5,258,780 for 95% of the cost for Runway 9L/27R Runway and Taxiway Project, Environmental Mitigation, and Security Fencing projects at the St. Lucie County International Airport; approve Budget Resolution #08-208; and authorize the Chair or designee to execute same. END OF CONSENT AGENDA VII. PUBLIC HEARINGS COUNTY ATTORNEY Ordinance No. 08-008 — Amending Section 7.10.23 of the Land Development Code — Revise Guidelines for the Siting of Wireless Telecommunications Towers and Antennas — Consider staff recommendation to adopt Ordinance No. 08-008 and authorize the Chairman to sign the Ordinance. O GROWTH MANAGEMENT Petition of New Horizons of the Treasure Coast for a Major Adjustment to an Approved Conditional Use Permit to: • Expand Mental Health Facilities (Medical and other health services) and Social Services in the I (Institutional) Zoning District; • Allow for the proposed children's residential care program called "Children's Crisis Facility"; and • Consolidate previous New Horizons Conditional Use Permit approvals (File No.: CUMJ 120081380). Consider staff recommendation to adopt draft Resolution No. 08-150 granting New Horizons of the Treasure Coast a Major Adjustment to an Approved Conditional Use Permit to Expand Mental Health Facilities (Medical & other health services) and Social Services in the I (Institutional) Zoning District and consolidate previous conditional use approvals. i. GROWTH MANAGEMENT Petition of Grande Beach North Hutchinson Island, LLC, for Final Planned Mixed Use Development Site Plan Approval and a Change in Zoning from the CG (Commercial, General) Zoning District to the PMUD (Planned Mixed Use Development — Grande Beach) Zoning District for a project to be known as Grande Beach PMUD (File No. PMUD 1220071379) — Consider staff recommendation to adopt Resolution No. 08- 180 granting Final Planned Mixed Use Development Site Plan Approval and a Change in Zoning from the CG (Commercial, General) Zoning District for a project to be known as Grande Beach PMUD, subject to the conditions herein. END OF PUBLIC HEARINGS REGULAR AGENDA 0 VI1 COUNTY ATTORNEY Resolution No. 08-206 — Authorizing Refunding of the County's Improvement Revenue Note, Series 2003 and Improvement Revenue Note, Series 2004B — Consider staff recommendation to adopt Resolution No. 08-206 and authorize the Chairman to sign the Resolution. COUNTY ATTORNEY Local Option Gas Tax Division of Proceeds Beginning September 1, 2008 — Consider staff recommendation that the Board determine whether to approve the annual redetermination set out in the attached memorandum and direct the County Attorney to notify the Department of Revenue of the redetermination by July 1, 2008. ANNOUNCEMENTS 1. The June 24th Regular Board of County Commissioners Meeting and the June 241h Informal Meeting have been canceled due to lack of quorum. Three or more Commissioners will be attending the Florida Association of Counties' Conference. 2. The Board of County Commissioners will hold an Informal Monthly Meeting on Monday, June 30, 2--0�00��8�Qat 2::0000 p.m. in Conference Room #3. 3. CountyA Aces will be closed on Friday, July 4, 2008 to observe Independence Day. 4. The Board of County Commissioners Budget Workshops will begin Monday, July 7, 2008 and run through Thursday, July 10, 2008. 5. The Board of County Commissioners will adopt the proposed budget millage during the Regular Meeting on Tuesday, July 15, 2008 at 6:00 p.m. in the County Commission Chambers. t 6. The July 22nd Regular Board of County Commissioners Meeting and the July 22nd Informal Meeting have been canceled due to lack of quorum. Three or more Commissioners will be attending the Airport Conference. 7. The August 26th Regular Board of County Commissioners Meeting and the August 26th Informal Meeting have been canceled. 8. County offices will be closed on Monday, September 1, 2008 to observe Labor Day. 9. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 4, 2008 at 6:00 p.m. 10. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 18, 2008 at 6:00 p.m. il. The November 4th Regular Board of County Commissioners Meeting has been canceled due to the General Election. 12. County offices will be closed on Tuesday, November 11, 2008 to observe Veteran's Day. 13. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 18, 2008 at 9:00 a.m. in the County Commission Chamber. 14. County offices will be closed on Thursday, November 27, 2008 and Friday, November 28, 2008 to observe Thanksgiving. 15. The December 23rd Regular Board of County Commissioners Meeting has been canceled. 16. County offices will be closed on Thursday, December 25, 2008 and Friday, December 26, 2008 to observe Christmas. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken 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. y EROSION CONTROL DISTRICT www.co.st-lucie.fl.us ,_ n ; ` ` � � • : .. , .., � .; : �. �Yii'tti ii; ors Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Joseph E. Smith District No. 1 Paula A. Lewis District No. 3 I. CONSENT AGENDA A. PUBLIC WORKS Artificial Reef Grant Program: Approval to accept a supplemental $60,000.00 from the Florida Fish and Wildlife Conservation Commission (FWC) as described in grant contract FWC-07304 — Consider staff recommendation to approve the attached FWC contract 07304 to accept $60,000.00 and signature by the Chairman. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken 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. AGENDA REQUEST ITEM NO. 4A DATE: June 17, 2008 REGULAR [ X ] PUBLIC HEARING[ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 08-200 - Proclaiming June 27, 2008, as "HIV TESTING DAY" in St. Lucie County, Florida. BACKGROUND: Rebecca Hartley, Linkage Case Manager for the Project Response Coalition, has requested that this Board proclaim June 27, 2008 as HIV Testing Day in St. Lucie County. The attached Resolution No. 08-200 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution Nc.08-200 as drafted. COMMISSION ACTION: [ APPROVED [ OTHER: Approved 5-0 [ ] DENIED Review and Approva County Attorney: Management & 9udget Originating Dept. Other: Finance: (Check for Copy only, if applicable)_ Z Cnderson County Administrator Purchasing Other: Eff. 5/96 RESOLUTION NO. 08-200 A RESOLUTION PROCLAIMING JUNE 27, 2008, AS "HIV TESTING DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. HIV, the virus that causes AIDS, can be prevented through counseling, testing, and risk reduction education. 2. St. Lucie County currently has the highest number of reported HIV/AIDS cases for Area 15 (St. Lucie, Martin, Okeechobee, and Indian River County) and The Center for Disease Control estimates 250 of those infected with HIV, do not know they are infected. 3. Over 42 million people in the world are living with HIV and AIDS, and 22 million people have died of AIDS. 4. The Counseling, Testing and Linkage Program of Project Response Inc. strive to provide HIV Counseling, Testing, and Risk Reduction Education to residents of St. Lucie County at no cost to the individual 5. The two fold mission of Project Response is to reduce the fear, stigma, and shame for those living with HIV, and to prevent the further spread of HIV. 6. There is NO way to tell if someone has HIV unless they have been tested. HIV only infects Men, women, and Children. If you are human, you are affected by HIV even if you are not HIV positive. 7. This Board believes that we cannot treat what we will not talk about. We cannot cure what we will not face. HIV is not controversy - it is fact. It's time we stop fighting one another and take aim at AIDS. The one thing greater than any medicine or medical treatment you can offer someone living with HIV is HOPE. Hope is the one thing no pain or ill can destroy and with Hope, HIV cannot defeat us! NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim June 27, 2008, as "HIV TESTING DAY" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to participate in HIV Counseling, Testing, and Risk Reduction Education at no cost to the individual by contacting Project Response Inc. at (772) 464-0420. PASSED AND DULY ADOPTED this 171h day of June, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 05/27/08 16:32 FAX EFA SERVICES 4 001/006 qA 16 IfROJECT RESF Treasure Coast Office Nailing Address P_O. Box 277 Ft Pierce, FL 34954 Location 3501 Orange Avenue Ft. Pierce, FL Phone: (772) 464-0420 Fax: (772) 467-0370 Treasure Coast Satellite Offices • Vero Beach • Stuart • Indiantown • Okeechobee • Part St. Lucie Brevard County Office • Melbourne United rR , DATE: S' - d,1 rCK FAX NUMBER: FROM: 2 �s C. i L (INCLUDII n CONFIDENTIALITY NOTE: This fax tra 'fin m material which is confidential under a , law unauthorized dissemination may be a al o enclosed information Is intended only K, addressee named above. Any reader other than tt recipient is hereby notified that the retention, dis distribution, or copying of this material is strictly Anyone receiving this material in error should phone Immediately to obtain disposition instructions _._____ 05/27/08 16:33 FAX EFA SERVICES IR 002/006 PROCLAMATION DESIGNATING JUNE 27, 2008 AS NATIONAL HIV TESTING DAY IN INDIAN RIVER COUNTY WHEREAS, HIV, the virus that causes AIDS, can be prevented through education, counseling, and testing; and WHEREAS, according to the Centers for Disease Control and Prevention, "the number of persons aged 50 years and older living with HIV/AIDS has been increasing in recent years", and WHEREAS, Indian River County statistics indicate that the number of reported cases are largely between the age of 13 through 59 with reported cases having increased 4% over the previous year's data showing little disparity between male or female, and WHEREAS, the HIV disease can be managed by receiving services offered by public and private healthcare providers as well as certain outreach programs; and WHEREAS, in September 2006 a group of 22 Indian River County organizations formed a comprehensive network known as the HIV/AIDS Awareness Network of Indian River County ; and WHEREAS, this coalition partners in efforts to reduce the spread of HIV/AIDS through education and testing of residents of Indian River County and to encourage treatment for all those testing positive; and WHEREAS, the vision of the HIV/AIDS Awareness Network of Indian River County is to "Pass the Message... Not the Disease;" NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that June 27, 2008 be designated as NATIONAL HIV TESTING DAY, and the Board urges all citizens of Indian River County to join in efforts and observances designed to increase awareness and understanding of HIV/AIDS as a global challenge. Adopted this 17ti` day of June, 2008. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Sandra L. Bowden, Chairman Wesley S. Davis, Vice -Chairman Joseph E. Flescher Peter D. O'Bryan Gary C. Wheeler 05/27/08 16:33 FAX EFA SERVICES Q 003/006 �V PROCLAMATION DESIGNATING JUNE 27 2008 AS NATIONAL HIV TESTING DAY IN ST. LUCIE COUNTY WHEREAS, HIV, the virus that causes AIDS, can be prevented through counseling, testing, and risk reduction education; and WHEREAS, St. Lucie County currently has the highest number of reported HIV/AIDS cases for area 15(St. Lucie, Martin, Okeechobee, and Indian River Co) and The Center for Disease Control estimates 25% of those infected with HIV, do not know they are infected WHEREAS Heterosexual (straight) activity is now the leading cause of new HIV transmission WHEREAS Whites account for 33% or 113 of persons living with HIV WHEREAS., the Counseling, Testing and Linkage Program of Project Response Inc strive to provide HIV Counseling, Testing, and Risk Reduction 'Education to residents of St. Lucie County at no cost to the individual and WHEREAS, The two fold mission of project response is to reduce the fear, stigma, and shame for those living with .HIV and to prevent the further spread of HIV. There is NO way to tell if someone has HIV unless they have been tested. HIV only infects Men, Women, and Children. if you are human, you are affected by HIV even if you are not HIV positive We cannot cure what we will not face. We cannot treat what we will not talk about. HIV is not controversy it is fact! 05/27/08 16:33 FAX EFA SERVICES IA004/006 HIVIAIDS SURVEILLANCE REPORT CUMULATIVE CASES - ST. LUCIE COUNTY THROUGH SEPTEMBER 30, 2006 —,`Uc mwvbmd y I�'�I� CBSBS I�1 v.�y� y y,m-f.J* al Ttansfuslan Injwflnn Drug/MSM il no I0awn Drug (IOU) Sex (MSM 0 200 400 600 800 "tic ssss� �....+� t L'ucle AIdS cases by y41 <5 5-12 13- 20- 30- 40- 50- 60- G'i- 70i 18 29 39 48 59 64 88 1_uGe AID$ cases 6y m Hispanic White 4%. 18% Black 77%L St ucie AIDS cases by GENDER' Female 36% eq � '• fir. Male 64% fN� MJ No Mw&W Rt♦IiL 147 Heterosexwl 275 Injection Drug (IDU) 47 Sex (MSM) � 0 100 200 300 �L:ucie HIV cases by AiG kk- 13-19 20-29 3038 40-49 50-59 70+ 1:ucN HN cases till RA Hlapanic White Black_ 79% �k Lucie H,_...-� IV cases by GEND$�2 Linda Gordon, MSA � Area 15 HIVJAIDS Surveillance Coordinator St. Lucie County Health Department 5150 NW Milner Drive, Port St. Lucie, FL 34863 (772) 4623875, SUNCOM 269-3876 Male 46% 05/27/08 16: 34 FAX EFA SERVICES L 0 FS, (1) 0 a r-L � g 0 Cb t r-t C-t 0. 05/27/08 16:34 FAX a 06/13/08 FZABWARR FUND TITLE 001 001164 001167 001180 001183 001184 001193 001194 001195 001404 001419 001420 001424 001428 001429 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 107002 107003 107006 107204 107205 121 130 140 140001 140133 140335 140353 150 160 183 183001 183004 184211 184213 185009 189201 216 ST. LUCIE COUNTY - BOARD WARRANT LIST #37- 07-JUN-2008 TO 13-JUN-2008 FUND SUMMARY General Fund USDOJ Violence Against Women Grant FTA Section 5303 Grant FY 05 US Dept Housing HUD Shelter Plus Gr Section 112/MPO/FHWA/Planning 2007 CDBG 07 FDCA SLC Buildings Wind Retrofit pr U.S. Dept of Housing & Community Community Services Block Grant 05 CDBG Sup Disaster Recovery FDCA-Construct County EOC TDC Planning Grant 07 Dept of Financial Services My Safe FDCA Emrg. Mgmt Preparedness & Assi Residential Construction Mitig. Pro Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees 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 FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev Blakely Subdivision Fund SLC Public Transit MSTU Port & Airport Fund Port Fund Construct Runway 9L/27R Parallel Runway Design-9L/27R Taylor Creek New Spoil Site Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FDEP South SLC Beach Restoration FDEP S SLC Dune Restoration FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery Pla County Capital I&S EXPENSES 392,716.55 15,651.85 109.20 3,360.70 2,879.18 34.96 3,617.00 5,361.71 4,383.80 12,000.00 466,474.85 385.14 2,891.95 4, 606.17 73.00 5,055.86 73.97 82,976.33 13,521.89 13,073.12 888.00 54,173.10 5,019.43 3,012.15 64,104.79 84.91 22,674.97 23,980.23 14,194.57 405.14 667.47 94.26 161.12 29,213.05 6,345.25 200.59 10.56 1,450.00 740.16 13,752.47 4,223.61 440.00 477.34 23,434.05 7, 954.74 163.37 13,152.30 1,202.00 PAGE PAYROLL 665,180.82 0.00 1,431.20 266.24 6, 925.88 0.00 0.00 0.00 1,326.24 0.00 0.00 0.00 2,462.78 0.00 327.84 45,743.59 966.88 45,283.12 32,907.52 18,838.94 0.00 97,284.92 6,256.46 0.00 165,363.15 1,113.60 1,113.60 0.00 8, 640.80 1,507.10 2,076.00 0.00 2,176.18 15,454.67 0.00 0.00 0.00 0.00 1,523.20 4,518.11 1,340.13 0.00 5, 996.24 0.00 0.00 2,231.20 4,476.48 0.00 1 06/13/08 FZABWARR FUND TITLE 316 401 418 451 458 461 471 478 479 491 505 505001 611 625 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #37- 07-JUN-2008 TO 13-JUN-2008 FUND SUMMARY County Capital 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 Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: EXPENSES 67,458.27 224,799.66 14,897.55 559.16 42.56 22,486.43 2,294.43 109.51 3,989.24 5,890.19 294,315.82 180.17 30,840.83 82.50 1,443.35 294,907.08 2,287,763.61 PAGE PAYROLL 0.00 70,465.15 24,322.36 1,806.60 581.00 19,842.87 9, 930.75 1,486.96 844.11 38,033.12 3,889.66 2,410.40 1,591.26 0.00 0.00 0.00 1, 317, 939. 13 2 AGENDA REQUEST ITEM NO. 6.13.1 Date: June 17, 2008 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Chiller Plant - Water and Wastewater Supply Agreement with Fort Pierce Utilities Authority BACKGROUND: See C.A. No. 08-0968 FUNDS AVAIL. (State type & No. of transaction or N/A): Account No. 31 6 —1 9 3 0 — 5 6 — 2 0 0 0 —1 6 01 1 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Water and Wastewater Supply Agreement with Fort Pierce Utilities Agreement for the Chiller Plant, and authorize the Chairman to sign the agreement. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 11 e! County Attorney: Coordination/Signatures Mgt. & Budget: Y Originating Dept.: 4 3 Other Finance (Check for Copy only, if applicable): CONCU CE: Douglas M. Anderson County Administrator Purchasing: Other: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 08-0968 DATE: June 11, 2008 SUBJECT: Chiller Plant - Water and Wastewater Supply Agreement with Fort Pierce Utilities Authority BACKGROUND: Attached to this memorandum is a copy of a proposed Water and Wastewater Supply Agreement with Fort Pierce Utilities Authority for the new Chiller Plant adjacent to the County Administration Building. The agreement provides for the installation of approximately 600 linear feet of 6" water main and service connection. The plant will require an allocation of 8 water Equivalent Residential Connections (ERCs) at 300 gallons per day and an allocation of 10 wastewater ERCs at 240 gallons per day. The total cost for Capital Improvement and Emergency Generator Charges plus the Accrued Guaranteed Revenue Charges is forty-six thousand three hundred fifty and 42/100 dollars ($46,350.42). This expense was included in the budget for the project. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the Water and Wastewater Supply Agreement with Fort Pierce Utilities Agreement for the Chiller Plant, and authorize the Chairman to sign the agreement. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Central Services Director Finance Director Management and Budget Director Deputy Clerk Prepared by and Return to: Revised 01125107 Fort Pierce Utilities Authority Attn: R. N. Koblegard, III Courthouse Box 145 WATER AND WASTEWATER SUPPLY AGREEMENT THIS AGREEMENT is made and entered into this day of , , by and between FORT PIERCE UTILITIES AUTHORITY (hereinafter referred to as "FPUA"), St. Lucie County (hereinafter referred to as "Customer"),and Bentley Architects + Engineers, Inc. (hereinafter referred to as "Project Engineer"). The Project name is St. Lucie County Chiller Plant hereinafter referred to as the "Project"). WITNESSETH: WHEREAS, FPUA is the governing body authorized to enter into agreements relating to the use of water and wastewater supply to the City of Fort Pierce; and WHEREAS, the Customer owns property located in St. Lucie County, Florida, as more fully described in Exhibit A attached hereto and made a part hereof and hereinafter referred to as "Property", whereupon the Customer is contemplating the development of the Project; and WHEREAS, FPUA has determined that it is in the best interests of FPUA, its customers and the City of Fort Pierce to extend water and wastewater facilities to the Project; NOW, THEREFORE, for and in consideration of these premises, the mutual undertakings and agreements herein contained and assumed, the Customer, Engineer, and FPUA hereby covenant and agree as follows: 1. The foregoing statements are true and correct. 2. System - The Customer, FPUA and the Project Engineer have determined that the following facilities (hereinafter "the System) are required to serve the entire Project: Approximately 600 LF of 6" Water Main and Service Connection, in accordance with the approved plans for the System prepared by Bentley Architects + Engineers, Inc. and submitted and accepted by FPUA. The customer requires an allocation of 8 water Equivalent Residential Connections (hereinafter ERCs) at 300 gallons per day and an allocation of 10 wastewater ERCs at 240 gallons per day and shall contribute to the FPUA emergency generator fund for the proposed lift station(s). Effective January 19, 2007, Accrued Guaranteed Revenue Charges (AGRC), according to Resolution No. U.A. 2006-10, Pages 4, 5, and Exhibit D of Resolution, shall be due in full at the time such Capital Improvement Charges are also payable. Capital Improvement and Emergency Generator Charges as follows: 8 Water ERCs at $1,841 per ERC = $ 14,728 10 Wastewater ERCs at $2,815 per ERC = $ 28,150 0 Lift Station Generator(s) at $5,000/ea = $ 0 Accrued Guaranteed Revenue Charges as follows: 8 Water ERCs at $149.09 per ERC = $ 1,192.72 10 Wastewater ERCs at $227.97 per ERC = $ 2,279.70 TOTAL $ 46,350.42 Payment of these Capital Improvement Charges, Emergency Generator Fee, and Accrued Guaranteed Revenue Charges in the total amount of $ 46,350.42 shall be submitted with this signed Agreement (Check No. paid 200). In the event these allocations are found to be insufficient at any time, Customer will be liable for any and all fees, including but not limited to Capital Improvement Charges required for the additional demand. 3. Service Contingency - N/A 4. Permits - Upon execution of this Agreement by FPUA, FPUA will sign FDEP general permits for the Project. FPUA will sign FDEP Permit certifications when all applicable terms and obligations of this Agreement have been met by the Customer. 5. Title - Upon execution of this Agreement, the Customer, at its expense, agrees to furnish .FPUA with a copy of the recorded Warranty Deed for the purpose of establishing ownership of the Property. Any mortgagee or lien holder having an interest in the Property will be required to execute a Consent and Joinder of Mortgagee/Lienholder in a form approved by FPUA counsel, subordinating its mortgage or lien to the utility easements contemplated in the foregoing Agreement. The Customer must either submit a title policy or a letter from an attorney licensed to do business in Florida confirming that either there is no mortgage or lien on the property or that any mortgage or lien holder has properly executed a Consent and Joinder of Mortgagee/Lienholder. The title policy or letter must be issued within thirty (30) days of the execution of this Agreement by FPUA. 6. Project Engineer - The Customer shall retain a registered professional engineer ("Project Engineer") to perform all duties defined by this Agreement. The Project Engineer shall adhere to all FPUA Standards and Specifications provided to the public by FPUA in reference to construction of utilities and connection to FPUA's water and wastewater systems. 7. Easements - The Customer hereby grants and gives to FPUA the exclusive right and privilege to own, maintain, operate and expand the potable water and wastewater facilities in, under, upon, ever and across the present and future streets, roads, 2 easements, reserved utility sites and public places as provided and dedicated to public use in the record plats, or as provided for in Agreement, dedications or grants made otherwise and independent of said record plats. Customer hereby further agrees that the foregoing grants include the necessary rights of ingress and egress to any part of the Property which FPUA reasonably requests for the maintenance, operation or expansion of the potable water and wastewater facilities; that in the event FPUA is required or desires to install any of its potable water and wastewater facilities in lands within the Property lying outside the streets and easement areas described above, then Customer or the successor owner(s) shall grant to FPUA, without cost or expense to FPUA, the necessary easement(s) for such installation, which easement(s) shall be recorded in the Public Records of St. Lucie County, Florida; provided, all such installations by Utility shall be made in such a manner as not to interfere with the then primary use of the Property. Customer or the successor owner(s) shall obtain written approval from FPUA prior to installing any structure or object, including, but not limited to, fences, gates, signs, trees or poles, within an easement area. In consideration of FPUA's consent to an encroachment, Customer or the successor owner(s) shall agree to indemnify and hold FPUA harmless from and against all liabilities or damages which may be imposed upon or asserted against FPUA as a result of or in any way connected to an encroachment approved by FPUA. In the event FPUA determines that it is necessary to construct, maintain, repair, remove or replace any of its facilities located under, over or upon an easement, the Customer or successor owner(s) of the portion of the Property affected shall immediately remove the encroachment "from the easement upon the request of FPUA at Customer's or successor owner(s)' sole cost and expense. If Customer or successor owner(s) fail to remove the encroachment, FPUA shall have the right to remove the encroachment from the easement. Customer shall pay all costs incurred by FPUA related to removing the encroachment from the easement. 8. Construction - The Customer and Project Engineer shall furnish a complete set of design documents, plans and specifications of the System for review and acceptance by FPUA. The accepted design documents will serve as a basis for construction of the System. The Customer will solicit bids and negotiate a contract for construction, subject to evaluation, review and approval by FPUA. FPUA will also have the right to review and approve the acquisition and installation of materials. If FPUA determines there are deficiencies in the contract documents, materials or installation of materials, the Customer and the Project Engineer agree to take appropriate action to correct the deficiencies. The review and evaluation of bids or contract documents by FPUA will not relieve the Customer or Project Engineer of any responsibilities and liabilities for defects in said contract documents, materials or installation of materials. 3 9. Submittals - Customer and Project Engineer will furnish to FPUA accepted shop drawings, change orders, Project certifications, record drawings and reports of construction inspection by a FPUA- approved inspector. FPUA reserves the right to withhold connection or certification of any facility if any item is found to be in nonconformance with FPUA Standards and Specifications. 10. Record Drawings - Preparation of accurate record drawings, including all items set forth in FPUA Standards and Specifications, is the sole responsibility of the Project Engineer. Record drawings, signed and sealed by the Project Engineer, must be provided in accordance with FPUA Standards and Specifications. Should major discrepancies or deficiencies be discovered at any time during record drawing process (as defined in FPUA Standards and Specifications), FPUA may, at its discretion, withhold services and/or file a notice with the Florida Board of Professional Engineers. 11. Offsite Improvements - The offsite improvements proposed for this project can be found under Exhibit B, "OFFSITE UTILITIES AND LOCATION MAP." 12. Upsizing by FPUA - N/A 13. FPUA Inspections - During construction of the System, FPUA may from time to time inspect such installation to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further shall be entitled to perform standard tests for pressure, infiltration, line and grade, and all other normal engineering tests to determine that the system has been installed in accordance with the approved plans and specifications. Complete as -built plans, including hard copy and electronic media when utilized, will be submitted to FPUA upon completion of construction. 14. Project Engineer Inspections - In addition to FPUA inspections, the Project Engineer shall provide a qualified utility inspector to ensure that the approved design is adhered to and FPUA Standards and Specifications are met during construction. Inspectors must meet minimum qualifications as defined in FPUA Standards and Specifications. 15. Transfer of System to FPUA - Customer and Project Engineer will provide final cost and quantities to FPUA prior to FPUA's acceptance of the System. Upon acceptance of the System by FPUA, FPUA hereby agrees to accept ownership of, the System for operation and maintenance purposes. Such conveyance is to take effect upon the acceptance by FPUA of the installation, without further action by FPUA or the Customer. As further evidence of the transfer of title, upon the completion of the installation and prior to the rendering of service by FPUA, the Customer shall convey to FPUA by Bill of Sale, in form approved by FPUA's 4 counsel, the complete on -site and off -site potable water distribution and wastewater collection system as constructed by Customer and approved by FPUA, along with documentation of Customer's costs of construction and Customer's No Lien Affidavit, in form approved by FPUA's counsel. Subsequent to the construction of the System and prior to receiving a meter(s) from FPUA, the Customer shall convey to FPUA all easements and/or rights -of -way covering areas in which potable water and wastewater lines are installed by a recordable document in a form supplied by FPUA. The Customer shall not have any present or future right, title, claim or interest in and to the potable water and wastewater facilities transferred to or owned by FPUA. Customer, through its counsel, will certify that Customer has the right to convey such easements or rights -of -way and further certifying FPUA's right to the continuous enjoyment of such easements or rights -of -way for those purposes as set forth in this Agreement. 16. Warranty - The Customer agrees to assign to FPUA a one-year warranty for the System, warranting that the System is free of defects including deficiencies in or failure to the design, materials or installation. The warranty will begin on the date of final acceptance by FPUA. The warranty will provide, among other things, that the Customer will, upon notification by FPUA, correct any deficiencies as soon as possible or reimburse FPUA for any work performed by FPUA to correct the deficiencies. 17. Ownership of System - The Customer agrees with FPUA that all potable water and wastewater facilities conveyed to FPUA for use in connection with providing potable water and wastewater service to the Property shall at all times remain in the complete and exclusive ownership of FPUA, and any entity owning any part of the Property or any residence or building constructed or located thereon, shall not have any right, title, claim or interest in and to such facilities, or any part of them, for any purpose. In addition, FPUA shall have the exclusive right and privilege to provide potable water and wastewater services to the Property and to the occupants of each residence or building constructed thereon. 18. Meters - The Customer or its successors in title will be assessed the meter charges and deposits at the time the Customer, is connected to the facilities. Customer agrees to notify purchaser of lots, if applicable, of the provisions of this paragraph. 19. Guaranteed Revenue Charges - Guaranteed Revenue Charges Annual Guaranteed Revenue Charges, as described in U.A. 2006-03, or current FPUA Resolution, will be assessed to all units not connected to water/wastewater services within one (1) year from the date of execution of this Agreement signed by FPUA. 20. Annexation Agreement or Evidence Thereof - N/A 5 21. Termination by Customer - In the event that the Customer wishes to terminate this Agreement by written request at any time, the Customer shall be entitled to a refund of an amount equivalent to one hundred percent of the Capital Improvement Charges that were paid at the time of execution of this Agreement, without interest, minus an amount equivalent to five years Guaranteed Revenue Charges. The Customer shall be entitled to credit for any Guaranteed Revenue Charges already paid at the date of termination. If construction of the Project has not commenced within five years of the date of execution of this Agreement by the parties, the Agreement will be automatically terminated, the provisions of this Agreement shall be null and void and funds shall be disbursed based upon the formula stated previously in this section. 22. FPUA Regulation - Notwithstanding any provisions in this Agreement, FPUA may establish, revise, modify and enforce rules, regulations and fees covering the provision of potable water and wastewater service to the Property. Such rules, regulations and fees are subject to the approval of FPUA, and will be reasonable and subject to regulation as may be provided by law or contract. 23. Notices - All notices provided for herein shall be in writing and transmitted by mail or by courier, to the parties as set forth below: FPUA: Timothy E. Perkins, P.E. Director of Water and Wastewater Systems P.O. Box 3191 Fort Pierce, FL 34948-3191 Customer: Bob Ettswold Central Services St. Lucie County 3071 Oleander Ave. Fort Pierce, FL 34982 Project Engineer: William C. Bentley, P.E. Engineer of Record Bentley Architects + Engineers, Inc. 665 W. Warren Ave. Longwood, FL 32750 24. Agreement - This Agreement constitutes the entire Agreement between the Customer, FPUA and the Project Engineer. No additions, alterations or variation of the terms of this Agreement sha11 be valid, nor can either party waive provisions of this Agreement, unless such additions, alterations, variations or waiver are expressed in writing and duly signed by the parties hereto. This Agreement shall be governed by the laws of the 6 State of Florida and shall become effective upon execution by the parties hereto. The venue for actions arising out of this Agreement is in St. Lucie County, Florida. 7 c JOINDER AND CONSENT OF MORTGAGEE/LIEN HOLDER , being the holder of that certain lien or mortgage dated the day cf , f recorded on in 0. R. Book Page , Public Records of St. Lucie County, Florida, hereby consents and subordinates its lien or mortgage to the utility easements contemplated in the foregoing Water & Wastewater Supply Agreement. Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF day LIEN OR MORTGAGE HOLDER: By: Title: Print Name: The foregoing instrument was acknowledged before me this of f f by who is the of Mortgage Holder, on behalf of said company. known to me. Lien or He(she) is personally Signature of Notary Printed Name of Notary [SIGNATURE PAGE - UNDER $25,000.001 IN WITNESS WHEREOF, the Customer, Project Engineer and FPUA have executed or have caused this Agreement to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this agreement. Witnesses: Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness V V` Sig ture of Witness Za('�^,y E, 1'/I1l 14.Ys Q,6, Printed Name of Witness (FPUA) STATE OF FLORIDA COUNTY OF FORT PIERCE UTILITIES AUTHORITY By William G. Thiess, Director Signature of Customer Printed ameAProje mer X Signature ofEngineer Printed Name of Project Engineer The foregoing instrument was acknowledged before me this day of by on behalf of Fort Pierce Utilities Authority, who is personally known to me. Signature of Notary Printed Name of Notary 9 (Customer) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of f I by , who is the Customer, on behalf of said company. He(she) me. (Project Engineer) STATE OF FLORIDA COUNTY OF 15�44;11 c )"�— of the is personally known to Signature of Notary Printed Name of Notary The foregoing instrument was acknowledged before me this `l'`e day of vr� ZOoS; by I,U. uL, C, i'i�NrGt= y �L-- who is the of 1- Project Engineer, on behalf of said company. He (she) is personally known to me. SUSM G. BOSHERS 20 •'o * MY COMMISSION # DD 531500 * EXPIRES'. April 25' 2010 ' '° Bonded Thru Budget Notary services 'le of Fv Signature of Notary Printed Name of Notary 10 List of Exhibits: Attached NA ❑ ❑ A Property Legal Description ❑ ❑ B Offsite Utilities & Location Map ❑ ❑ C Offsite Cost Estimate ❑ ❑ D Example Bond (Security) ❑ ❑ E Annexation Agreement L:\Forms\supply_agreement\Gener_c 01-24-07.doc EXHIBIT A DESCRIPTION BEING A PART OF: LAWNWOOD ADDITION ALL THAT PART OF VACATED BLOCKS 110, 133,134 AND 159 BOUNDED ON NORTH BY SOUTHERLY RIGHT-OF-WAY RHODE ISLAND AVENUE, ON SOUTH BY NORTHERLY RIGHT-OF-WAY OF VIRGINIA AVENUE (INCLUDING ADDITIONAL RIGHT-OF-WAY AS IN OR 598-1832: 615-738), ON WEST BY EAST RIGHT-OF-WAY SOUTH 25TH ST (100 FT RIGHT-OF-WAY) AND ON EAST BY WESTERLY RIGHT-OF-WAY SOUTH 23RD STREET INCLUDING ALL PLATTED STREETS AND ALLEYS THEREIN (24.36 AC) (OR 240-1498: 303-1290: 647-1523: 756-99) (VACATED OR 247-1151: 648-1990) CY .A 346 LF OF 3" PVC WATER LINE /f IFn..E _,. Esiatnq rY '�"" 4alal AeEll19 "- 2t Flo 19. ei ? E. .- 3 Slay 6.0-q Fmio A— - 20,32' — Vrgi- -- ' Y_ M YA 4ubh I15 r�P\Otl 1qW M tk ml 1 <fC a vile o � I � 5 E.ialing ] Slay ®.aeinq I FlnisF . 20.94' 230D Y19mrgMio A— TMg � I EI 6' g r' r IC,iI a APPROXIMATELY 550 LF OF 6" PVC WATER MAIN EXHIBIT B 20 VIROINIA AVENUE Drawn ZEUJ Sht: I Of: ARCHITECTS + ENGINEERS INC Checked MAv 665 WEST WARREN AVENUE, LONOWO W FLORIDAEONL 32750 T 5 WESTWAR P 407.UE, LONG WW, F32750 Date EXH=B 05�213�Oa CA NO.: 00005B98 - Scale - ri 100' WILLIAM C. BENTLEY, P.E. 430335 NOT VALID UNLESS SIGNED & EMBOSSED RV A—TCTFNCn Fr,l/:inlC [o FILE: PSlte.dwg Job NO. 2004-Oa3 PARK REFEREN D U M AGENDA REQUEST ITEM NO: C DATE: JUNE 17, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] SUBMITTED BY: Parks & Recreation BOARD OF COUNTY COMMISSIONERS Debra Brisson, Director SUBJECT: Approval of FDOT Local Agency Program (LAP) Agreement for Emerson Avenue Sidewalk along Lakewood Park Regional Park and Budget Resolution No. 08-202 BACKGROUND: On October 9, 2007, the Board of County Commissioners authorized staff to advertise an Invitation to Bid to construct a sidewalk located in the Florida Department of Transportation (FDOT) right of way on Emerson Avenue the length of Lakewood Park Regional Park. Prior to advertising, the county was notified that the project was eligible for funding through the Florida Department of Transportation' s Local Agency Program (LAP). The project was placed on hold pending the application process and final notification of eligibility. Staff is requesting Board of County Commission approval of the FDOT LAP Agreement for the Lakewood Park Regional Park Emerson Avenue Sidewalk project. The Agreement provides for reimbursement of construction costs to St. Lucie County up to $192,200. Mr. George Beck of Creech Engineers, Inc. estimated costs for this project to be $102,738. PREVIOUS ACTION: NIA FUNDS ARE AVAILABLE: 129-7210-563005-7692 Parks-MSTU-Infrastructure-Consulting Engineers -Lakewood Park Decel Lane Project RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the attached Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for up to $192,200 for construction of a sidewalk along Emerson Avenue at Lakewood Park Regional Park and authorize the Chairman to sign. Staff also recommends that the Board of County Commissioners approve Budget Resolution No. 08-202. COMMISSION ACTION: [;. ] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Administrator Coordination/Signatures County Attorney: Mgt & Budget: I` Purchasing_ Origi,iating Dept: Public Works: Other: BOARD OF COUNTY COMMISSIONERS 7�Lo IYI .D .A PARKS & RECREATION DEBRA BRISSON Director To: Board of County Commissioners From: Debra Brisson, Parks & Recreation Director AP Subject: Agenda Item C-2/FDOT LAP Agreement/LWPRP Sidewalk Date: June 17, 2008 On October 9, 2007, the Board of County Commissioners authorized staff to advertise an Invitation to Bid to construct a sidewalk located in the Florida Department of Transportation (FDOT) right of way on Emerson Avenue the length of Lakewood Park Regional Park. Prior to advertising, the county was notified that the project was eligible for funding through the Florida Department of Transportation's Local Agency Program (LAP). The project was placed on hold pending the application process and final notification of eligibility. Staff is requesting Board of County Commission approval of the FDOT LAP Agreement for the Lakewood Park Regional Park Emerson Avenue Sidewalk project. The Agreement provides for reimbursement of construction costs to St. Lucie County up to $192,200. Mr. George Beck of Creech Engineers, Inc. estimated costs for this project to be $102,738. Cc: Douglas M. Anderson, County Administrator Lee Ann Lowery, Asst. County Administrator File JOSEPH E. SMITH, District No, 1 - DOUG COWARD, Dlsrrict No. 2 - PAULA A. LEWIS, District No. 3 - CHARLES GRANDE, District No. 4 - CHRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, Florida 34982-5652 Phone (772) 462-1518 - Fox (772) 462-1940 - E-moil: brissond@co.st-lucie.fl.us STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Pape i FPN: 418041-1-A8-01 Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No:94 Contract No: Vendor No: VF591474012008 Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and St. Lucie County hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Sidewalk Construction and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) A+13+1 are attached and made a part hereof 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is . made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or nonperformance. In addition to loss of funding, the Department will consider de -certification of said Agency for future LAP projects. Removal of All Funds STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFOF�7 Page 2 If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off -system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before June 30, 2011. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FHWA) may require. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 192,200.00. This amount is based upon the schedule of funding in Exhibit "B. The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal - aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03107 Page 3 contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice -to -Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice - to -Proceed from the Department. 3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal -aid Program Office. No Increase or decrease shall be effective unless it complies with .fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525,01040 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENTOFfICE ova Page 4 The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "V of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non -state entities. State financial assistance does not include federal direct or pass -through awards and resources received by a non -state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03M7 Page 5 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV - Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Barbara Handrahan, District LAP Administrator, 3400 West Comercial Boulevard, Fort Lauderdale, Florida 33309-3421 b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 101h Street Jeffersonville, IN 47132 c) Other federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasnns pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directly to each of the following: Barbara Handrahan, District LAP Administrator, 3400 West Comercial Boulevard, Fort Lauderdale, Florida 33309-3421 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: Barbara Handrahan, District LAP Administrator, 3400 West Comercial Boulevard, Fort Lauderdale, Florida 33309-3421 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE o3ro7 Page 6 3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Barbara Handrahan, District LAP Administrator, 3400 West Comercial Boulevard, Fort Lauderdale, Florida 33309-3421 b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Barbara Handrahan, District LAP Administrator, 3400 West Comercial Boulevard, Fort Lauderdale, Florida 33309-3421 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state• CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes). 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida Statutes). STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM -AGREEMENT PROJECT MANAGEMENT OFFICE 03107 Page 7 All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-'Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.06 or 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120-day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at the end of such time. Suspension of this Agreement will not affect the time period for completion of the project. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE o3ro7 Page 0 If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of -the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE oa1o7 Page 9 employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with. a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business,with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE o31oi Page 10 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. 13.09 Right -of -Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right-of-way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 11 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying -the Legislature, the judicial branch or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ® will 0 will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors _(in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services.' The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline, 1- 800-848-3792. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT D 03107 Page 12 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY St. Lucie County STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Title: Attest: Title: As to form: Attorney By: Name: Title: Attest: Title: As to form: District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 0605 Papa , FPN: 418041-1-A8-01 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of the Agreement between the state of Florida, Department of Transportation and St. Lucie County Dated: June 2, 2008 PROJECT LOCATION: The project ❑ is X is not on the National Highway System The project X is ❑ is not on the State Highway System PROJECT DESCRIPTION: SR-607 / Emerson Avenue Side Walk Enhancement from Northern boundary to Southern boundary of the Regional Park SPECIAL CONSIDERATION BY THE AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of State funding action (receipt and disbursement of funds), any Federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the projects activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) N/A Study to be completed by NIA . (Phase 18 and 28 LAP Agreements) b) Design to be completed on or before April 2007 (Phase 38 LAP Agreements) c) Right -of -Way requirements identified and provided to the Department by N/A . (All LAPS requiring R/W) (District will handle all Right -of -Way activities on LAPS, the date would be set by the necessary timeframe to complete R/W activities) d) Right -of -Way to be Certified prior to advertising for Construction. (All Phase 58 LAPS). e) Construction contract to be let on or before August 2008 . (For Phase 58 LAPs) (This date would be prior to the end of the Fiscal Year that the Phase 58 is programmed in FM) f) Construction to be completed on or before 6/30/2010 . (Phase 58 LAP Agreements) If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. This project is for Construction Only in the year 2009 / 2010 in the amount of $_192,200.00_. Upon execution of this agreement by all parties the Department will provide to the Agency ONE EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency should not start any construction prior to the EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency will only be reimbursed for costs incurred after the executed agreement date and prior to the agreement or time extension (if required by a request for a time extension from the Agency) date. Any unused funds will be deleted by the Department and the Federal -Aid Office upon completion and final billing. Upon completion of the project the Agency is required to notify the Department of the date of completion and final invoicing. The Department may require an on site inspection with the Agency. SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE OBf06 Page EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 418041-1-A8-01 St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 PROJECT DESCRIPTION Name: SR 607/Emerson Avenue Sidewalk Enhancement Length: 2,595 linear feet Termini: Northern boundary to the Southern boundary of the Redonal Park TYPE OF WORK B Fiscal Year Y FUNDING (1) TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS Planning 2006-2007 2007-2008 2008-2009 Total Planning Cost Project Development & Environment (PD&E) 2006-2007 2007-2008 2008-2009 Total PD&E Cost Design • 2006-2007 2007-2008 2008-2009 Total Design Cost Right -of -Way 2006-2007 2007.2008 2008-2009 Total Right -of -Way Cost Construction 2007-2008 2008-2009 2009-2010 2010-2011 Total Construction Cost $192,200.00 $192,200.00 $192,200.00 $192,200.00 Construction Engineering and Inspection (CEI) 2006-2007 2007-2008 2008-2009 Total CEI Cost Total Construction and CEI Costs LE TOTAL COST OF THE PROJECT $192,200.00 $192,200.00 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. RESOLUTION NO. 08-202 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Local Agency Program Agreement in the amount of $192,200, for SR 607/Emerson Avenue Sidewalk Enhancement along Lakewood Park Regional Park. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 17th day of June, 2008, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUE 129-7210-334411-7692 APPROPRIATIONS 129-7210-563005-7692 129-7210-563000-7692 FOOT -Transportation Infrastructure — Consulting Engineer Infrastructure After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande PASSED AND DULY ADOPTED THIS 17`h DAY OF JUNE, 2008. XXX XXX XXX XXX XXX $192,200 $89,462 $102,738 ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Agenda Request Item Number D Date: 06/17/08 Consent [ X ] Regular [ ] Public Presentation [ ] Leg. [ ] Quasi -JD [ To: Board of County Commissioners Presented By }' ,f Submitted By: Economic Development w". h_jsi . Economi.1 Development Manager SUBJECT: Approval to issue a Letter of Intent between St Lucie County and Lighthouse Industries covering a JGIG and an Ad Valorem Tax Abatement. BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ® APPROVED 0 OTHER Lighthouse Industries has acquired East Coast Plastics currently located in Ft. Lauderdale. Lighthouse has selected St Lucie County for the new location of the East Coast Plastics Division. East Coast Plastics offers a high -end sophisticated injection molding operation for the manufacture of accessory systems for diving, fishing, boating and other markets, The products include rope cleats, rod holders, tank brackets and much more. Lighthouse Industries will create 75 jobs at the East Coast Plastics facility with a wage rate of over $17.30 per hour and a total investment estimated at $7.5 million. The developer (Parkway Warehouse Associates, LLC) will invest in the building and enter into a lease agreement that will pass on to Lighthouse 100% of the Ad Valorem Tax Abatement. In addition, Lighthouse will invest in improvements and equipment that is also covered under the Ad Valorem Tax Abatement. The County agrees to hold a public hearing to consider adopting an ordinance that will provide Parkway Warehouse Associates, LLC and Lighthouse Industries an Ad Valorem Tax Abatement estimated at $222,909. The County also agrees to draft the JGIG agreement for $146,250. The Ad Valorem Tax Abatement will be reflected in the tax bills while the funds are available in Account No. 001-5215-582000-500 for the JGIG. None Staff recommends that the Board approve the Letter of Intent and approval to draft the agreement for the JGIG. The County also agrees to hold a public hearing to consider the Ad Valorem Tax Abatement at the appropriate time. = DENIED CONCURRENCE: Approved 5-0 r" bi County Attorney Originating Dept.: Finance: Coordination/ Signatures Mgt. &Budget: Other: County Administrator Purchasing: Other: (insert file ref) COMMISSION REVIEW: 5/27/2008 Economic Development MEMORANDUM TO: Douglas M. Anderson, County Administrator FROM: Larry Daum, Economic Development Manager DATE: June 17, 2008 SUBJECT: Request by Lighthouse Industries for Business Incentives Funding through an Ad Valorem Tax Abatement And Job Growth Investment Grant. Lighthouse Industries has acquired East Coast Plastics currently located in Ft. Lauderdale. Lighthouse has selected St Lucie County for the new location of the East Coast Plastics Division. East Coast Plastics offers a high -end sophisticated injection molding operation for the manufacture of accessory systems for diving, fishing, boating and other markets, The products include rope cleats, rod holders, tank brackets and much more. Lighthouse Industries will create 75 jobs at the East Coast Plastics facility with a wage rate of over $17.30 per hour and a total investment estimated at $7.5 million. The developer (Parkway Warehouse Associates, LLC) will invest in the building and enter into a lease agreement that will pass on to Lighthouse 100% of the Ad Valorem Tax Abatement. In addition, Lighthouse will invest in improvements and equipment that is also covered under the Ad Valorem Tax Abatement. The County agrees to hold a public hearing to consider adopting an ordinance that will provide Parkway Warehouse Associates, LLC and Lighthouse Industries an Ad Valorem Tax Abatement estimated at $222,909. The County also agrees to draft the JGIG agreement for $146,250. Staff recommends that the Board approve the draft Letter of Intent and approval to draft the agreement for the JGIG. The County also agrees to hold a public hearing to consider the Ad Valorem Tax Abatement at the appropriate time. Note — the draft Letter of Intent is attached. June 17, 2008 Mr. Todd J. Holloway Lighthouse Industries 107 U-+,., -A v,,,,a Mic 0 DeE Thi Por pro an Out you app agrn dev bes Bay St. ing to lase, County oviding been as also the ,sent our - The County will agrees to include the developer's investment in the building since the lease agreement between Lighthouse Industries and the developer includes a 100% pass back of the Ad Valorem Tax Abatement to Lighthouse Industries. The total new investment is estimated at $7.5 million. The Ad Valorem Tax Abatement is estimated at $222,909 phased in over a seven year period. This incentive serves as a reduction in your property tax. The actual amount will be calculated at the completion of the project. The second part of this incentive package is St. Lucie County's Job Growth Investment Grant (JGIG) estimated at $146,250 paid out over 5 years. This is a performance based grant, based on the creation of 75 jobs over three years and an average wage rate of over $17.32 per hour. Should East Coast Plastics Division of Lighthouse Industries leave St. Lucie County within 5 years after the fmal year of the Job Growth Investment Grant, the incentives listed above will be due back to St. Lucie County plus interest. St. Lucie County knows Lighthouse Industries will become an important part of our economic base. The County commits to work with Lighthouse to eke this relocation a success. The JGIG agreement will be prepared for Lighthouse Abatement will require a public hearing to consider provide the developer and Lighthouse Industries the,i proposal and direct any questions to Larry Daum, information, please let us know. Thank you for your consideration. Sincerely, Douglas M. County Adr ►l , the Ad Valorem Tax I or cc that will ment. �` review this. we can provide t The Plastic Solution Provider Parent Company of: East Coast Plastics 6600 NW 15th Avenue Fort Lauderdale, FL 33309 954.968.1655 954.968.8165 fax www.easicoastpiastics.com East Coast Plastics acquisition Michigan City, Indiana 46361 www.lighthouseindustries.com (Michigan City, IN) - Lighthouse Industries has acquired East Coast Plastics in Florida. The acquisition strengthens Lighthouse Industries' core competencies: front-end development in injection -molded part, tooling resources and processing. East Coast Plastics concentrates on high -end injection molding. • 24-hour quality center, including: o First piece inspection o Scheduled visual and dimensional checks o All with your required documentation • Machine Park, includes: o Press tonnage range from 30 ton to 650 ton o Shot size range of 3 ounce to 125 ounce • Over 85 experienced and continuously trained technicians, supported by, in house: o Engineering department o Tooling department o Quality department • Over 27 years of experience 80,000 square -foot of production space and warehouse Lighthouse Industries/East Coast Plastics is still your provider of: • Engineering • Design Tooling • Molding • Assembly • Fulfillment • Offshore sourcing Material Specifications • Speed to Market projects So for total "ownership" of your programs, let us know how we can help you with your next project. Thomas P. Thomas Director of Sales and Marketing East Coast Plastics, Inc. - Custom Plastic Injection Molding Page 1 of 2 East Coast Plastics, Inc. MARKETS SERVED: Hardware Tools • Electrical Connectors Medical Components • Consumer Products Recreational & Pool Equipment Automobile & Marine Accessories Plastic Injection Molding Facility East Coast Plastics, Inc., a Florida corporation, offers complete design, build and run services, using state-of-the-art CNC equipment with 24-hour production molding. Occupying a spacious, new, 74,000-square-foot headquarter facility along with Double B Tool & Die, our two corporations combined employ more than 150 specialists and technicians. Together we offer many value-added services, from product development for test marketing to quality speed -to -market production runs. With a focused team approach to manufacturing and the willingness to invest in the equipment necessary to meet the customer's needs, we have dedicated ourselves to give you the most important service of all — your complete satisfaction. Clean room facilities 1" 11 , 1 1-_a.----.--1. ,..-- A1'in/lnno East Coast Plastics, Inc. - Custom Plastic Injection Molding Page 2 of 2 z East Coast Plastics was incorporated in 1980 to support the need for quality molded products and to provide their customer base the full service they were looking for. • East Coast Plastics' molding facility offers sophisticated injection molding technologies that aid in lowering component costs and supports your need for "speed to market." • Our experienced and continuously trained molding technicians supported by engineering, tooling and quality departments insure that you receive the highest degree of quality and support for your molding needs. • Our press tonnage ranges from 75 ton to 650 ton with a shot size range of 3 ounce to 125 ounce. • Our quality control center gives you 24-hour customized service, including first piece inspection, scheduled visual and dimensional checks, all with your required documentation. • A variety of secondary operations are included in our value- added services, with flexible work cell concepts. ■ Home I Double B Tool & Die I Contact Us Roll Control System® I PVC Pike Fittings We welcome your comments, inquiries and quotation requests. Please contact us via e-mail at infotMecodb.com Last modified: July 11, 2002 Roll Control System - Diving, Fishing, Boating Accessories Page 1 of 7 INSTALLATION INSTRUCTIONS: ALUMINUM TRACK I BRACKETS I TO ORDER Roll Control. 5V+U� The Complete Accessory System For Diving, Fishing and Boating Roll Control items slide into mounted aluminum track: 1. Rope Cleat 2. Straight Rod Holder 3. Track -mount Beverage Holder 4. Adjustable Tank Bracket 5. Standard Tank Bracket 6. Port and Starboard Rod Holders 7. Double Tank Bracket Adapter 8. Sold Locking Type Bracket Follow these links for more information on the complete product line: • PVC Track • Aluminum Track • Molded Track • Standard Tank Brackets • Adiustable Tank Brackets • Rod Holders • Rod Holder Kit • Tank Handles • Double Tank Adapter ITEM NO. E1 DATE: 06/17/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to advertise a Request for Proposals to hire a tennis professional to manage a tennis program for St. Lucie County. BACKGROUND: See companion Agenda item presented by the Parks & Recreation Department. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to advertise a Request for Proposals to hire a tennis professional to manage a tennis program for St. Lucie County. COMMISSION ACTION: APPROVED () DENIED OTHER Approved 5-0 CONCURRENC,,7 Dougl M.-Anderson County Administrator ( Coordination/Signatures County Attorney (X) /�" Mgmt & Budget O Purchasing (X) Parks & (X) Other Finance (J for copy only if applicable) Recreation PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: May 30, 2008 RE: Board approval to advertise a Request for Proposals to hire a tennis professional to manage a tennis program for St. Lucie County. Background: Staff has recommended that the current contract with the County tennis professional be canceled on the expiration date, which is September 30, 2008. The tennis professional's duties will include the administration and programming of public tennis facilities belonging to St. Lucie County. Some of the activities would include, but not be limited to: • Scheduling of court times, including rentals • Providing group and private lessons at various levels of expertise, adults and children Holding USTA sanctioned tournaments for adults and children, • Organizing leagues for women, men, and youth • Operating a tennis pro shop at the Lawnwood Tennis Center, including racket repair, sale of tennis related merchandise, packaged food items and beverages. All beverages must be Pepsi products. • Tennis clinics • After school programs • Sanctioned high school tournaments (court time is at no charge to the public schools) The tennis professional would be compensated through the revenues produced by his services, whilejand Lucie County will receive a percentage of gross revenues from Pro shop sales, court rentals, lessons other programs. Recommendation: Staff recommends Board approval to advertise a Request for Proposals to hire a tennis professional to manage a tennis program for St. Lucie County. K• h`1 }%3 i�iuxh+p i`Y�j n's 1 Ct]UN7� -41' a DATE: June 5, 2008 Parks & Recreation Department 2300 Virginia Avenue Ft. Pierce, FL 34982 TO: Stanwood "Woody" Newsome SLC Tennis Professional FROM: Debbie Brisson, Directorj/— MEMORANDUM RE: Early Retirement and Cancellation of Contract *C05-09-468 Per our telephone conversation of this date, the county is hereby accepting your notice of early retirement effective August 18, 2009 as your request to terminate the above referenced contract. I wish you much success in your endeavors and hope to be able to work with you in the future. R ITEM NO. E2 ,�C;0UNT � -�F �F DATE: 06/17/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval of the assignment of contracts C06-10-672 and C07-12-707 from Tarheel Specialties, Inc. to TSI Disaster Recovery, LLC. BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: Please see the attached memorandum. RECOMMENDATION: Staff recommends Board approval of the assignment of contracts C06-10-672 and C07-12-707 from Tarheel Specialties, Inc. to TSI Disaster Recovery, LLC and authorization for the Chairman to sign the assignments as prepared by the County Attorney's office. COMMISSION ACTION: (� APPROVED () DENIED () OTHER Approved 5-0 Coordination/Signatures County Attorney (X) Mgmt & Budget ( ) Other ( ) Other County Administrator Purchasing (X) Finance (J for copy only if applicable) R TO: Board of County Commissioners PURCHASING DEPARTMENT MEMORANDUM FROM: Neil Appel, C.P.M., Purchasing Director DATE: June 4, 2008 RE: Board approval of the assignment of contracts C06-10-672 and C07-12-707 from Tarheel Specialties, Inc. to TSI Disaster Recovery, LLC. Background: Tarheel Specialties, Inc. is a North Carolina corporation. TSI Disaster Recovery, LLC. is a Florida corporation and is a sister company to Tarheel Specialties, Inc. All contracts and projects were being performed by Tarheel Specialties, Inc. Due to the North Carolina state insurance laws, Tarheel Specialties, Inc. was unable to continue to receive Workers Compensation and General Liability insurance in the state of Florida. TSI Disaster Recovery, LLC will assume the contracts and continue the work to complete the projects started by Tarheel Specialties, Inc., which has cease operations due to the inability to provide the required insurance. On October 10, 2006, the Board approved the award of Bid No. 06-112 (enhanced swale maintenance) and contract to Tarheel Specialties, Inc. A copy of contract C06-10-672 is on file with the Purchasing Department. On May 8, 2007, the Board approved the first amendment to the contract adding oils screening services. On September 4, 2007, the Board approved the second amendment to the contract exercising the first one-year renewal option and adding culvert and asphalt repairs. This contract will expire on September 30, 2008 and includes a one-year renewal option. On December 11, 2007, the Board approved the award of Bid No. 07-110 (emergency debris removalldike repair) and a contract to Tarheel Specialties, Inc. A copy of contract C07-12-707 is on file with the Purchasing Department. This contract will expire on December 10, 2009 and includes two one-year renewal options. Recommendation: Staff recommends Board approval of the assignment of contracts C06-10-672 and C07-12-707 from Tarheel Specialties, Inc. to TSI Disaster Recovery, LLC and authorization for the Chairman to sign the assignments as prepared by the County Attorney's office. k C06-10-672 ASSIGNMENT OF CONTRACT BY AND BETWEEN ST. LUCIE COUNTY AND TARHEEL SPECIALTIES, INC. THIS ASSIGNMENT OF CONTRACT is entered into this day of 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and TARHEEL SPECIALTIES, INC. ("Assignor"), and TSI DISASTER RECOVERY, LLC, ("Assignee"). WITNESSETH: WHEREAS, the County and Assignor entered into a Contract, for enhanced swale maintenance (hereinafter referred to as the "Contract"); and WHEREAS, Assignee is a sister company to Assignor, which will continue to provide all of the services in the Contract; consequently, Assignor has agreed to assign the Contract, to Assignee and the County has agreed to approve the assignment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the County, the Assignor and the Assignee hereby covenant and agree to as follows: 1. Assignment of Contracts. Assignor hereby assigns to Assignee all of its rights, duties, liabilities and obligations as specifically set forth in the Contract, incorporated herein by this reference. 2. Assumption of Contracts. Assignee hereby agrees to assume, perform and discharge all duties, liabilities and obligations of Assignor as set forth in the Contract. 3. Approval of the Assignment. The County hereby approves the assignment of the Contract, from the Assignor to the Assignee. 4. Effective Date. This Assignment shall be effective as of May 21, 2008. 1 C06-10-672 IN WITNESS WHEREOF, the County, Assignor and Assignee have each caused this Assignment to be executed by their duly elected and authorized officers as of the date and year first above written. ATTEST: Deputy Clerk WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA c CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: County Attorney ASSIGNOR: TARHEEL SPECIALTIES, INC. Print Name: Print Title: ASSIGNEE: WITNESSES: TSI DISASTER RECOVERY, LLC am Print Name: Print Title: C07-12-707 ASSIGNMENT OF CONTRACT BY AND BETWEEN ST. LUCIE COUNTY AND TARHEEL SPECIALTIES, INC. THIS ASSIGNMENT OF CONTRACT is entered into this day of 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and TARHEEL SPECIALTIES, INC. ("Assignor"), and TSI DISASTER RECOVERY, LLC, ("Assignee"). WITNESSETH: WHEREAS, the County and Assignor entered into a Contract, for emergency debris removal and dike repair as needed (hereinafter referred to as the "Contract"); and WHEREAS, Assignee is a sister company to Assignor, which will continue to provide all of the services in the Contract; consequently, Assignor has agreed to assign the Contract, to Assignee and the County has agreed to approve the assignment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the County, the Assignor and the Assignee hereby covenant and agree to as follows: 1. Assignment of Contracts. Assignor hereby assigns to Assignee all of its rights, duties, liabilities and obligations as specifically set forth in the Contract, incorporated herein by this reference. 2. Assumption of Contracts. Assignee hereby agrees to assume, perform and discharge all duties, liabilities and obligations of Assignor as set forth in the Contract. 3. Approval of the Assignment. The County hereby approves the assignment of the Contract, from the Assignor to the Assignee. 4. Effective Date. This Assignment shall be effective as of May 21, 2008. C07-12-707 IN WITNESS WHEREOF, the County, Assignor and Assignee have each caused this Assignment to be executed by their duly elected and authorized officers as of the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk CHAIRMAN WITNESSES: APPROVED AS TO FORM AND CORRECTNESS: County Attorney ASSIGNOR: TARHEEL SPECIALTIES, INC. Print Name: Print Title: ASSIGNEE: WITNESSES: TSI DISASTER RECOVERY, LLC A Print Name: Print Title: 2 R R ITEM NO. E3 DATE: 06/17/08 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval of fourth amendment to contract C05-08-485 with Genset Services, Inc. BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: 001-7420-534000-700 Other Contractual Services 001-7420-546000-700 Equipment Maintenance PREVIOUS ACTION: Please see the attached memorandum. RECOMMENDATION: Staff recommends Board approval of the fourth amendment to contract C05-08-485 with Genset Services, Inc. and authorization for the Chairman to sign the amendment as prepared by the County Attorney's office. COMMISSION ACTION: APPROVED () DENIED OTHER Approved 5-0 County Attorney (X) ' ' , Other ( ) Coordination/Signatures Mgmt & Budget (X) Other Dougt'as4l. Anderson County Administrator Purchasing (X) Finance (J for copy only if applicable) r k -: - PURCHASING DEPARTMENT �MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director,9-)j- DATE: June 5, 2008 RE: Board approval of fourth amendment to contract C05-08-485 with Genset Services, Inc. Background: On August 23, 2005, the Board awarded Bid No. 05-076 (generator preventive maintenance, service, inspections, and load bank testing) and contract to Genset Services, Inc. Contract C05-08-485, including all previous amendments, is on file with the Purchasing Department. On May 9, 2006, the Board approved the first amendment to the contract adding the generator located at the Rock Road Jail Facility. On January 8, 2008, the Board approved the second amendment to the contract adding the generator located at the Central Services compound. On April 15, 2008, the Board approved the third amendment to the contract adding the generator located at the St. Lucie County Logistics Center. Currently there are six (6) generator units located at the St. Lucie County Fairgrounds and staff is seeking approval to further amend the contract to include these generators in the contract for preventive maintenance, service, inspections, and load bank testing. Please see attached 2-page Proposal #08-POM0301 dated June 3, 2008 from Genset Services, Inc. Recommendation: Staff recommends Board approval of the fourth amendment to contract C05-08-485 with Genset Services, Inc. and authorization for the Chairman to sign the amendment as prepared by the County Attorney's office. GENSET S E R V I C E S, i N C. Sales c& Service for Standby Engine Generators I Proposal #08-POM0309 Date: June 3, 2008 Phone: 772-216-1109 Fax 772-462-1444 Attention: Joe Turner St Lucie County Fair Grounds We are pleased to offer the foUowin . Qty Description Price Our proposal is for the addition of 3-Generac, I-Onan & 2-MQ trailerized generator to the St. Lucie County "Generator Preventive Maintenance, Service, Inspections & Load Bank". 1 Generac Model SD0100 Minor inspection fee $200.00 Major inspection fee $200.00 Options 2-hour load bank test $400.00 1 Generac Model SDO080 Minor inspection fee $200.00 Major inspection fee $200.00 Options 2-hour load bank test $400.00 1 Generac Model SD0080 Minor inspection fee $200.00 Major inspection fee $200.00 Options 2-hour load bank test $400.00 1 Onan Model GGHG Minor inspection fee $200.00 Major inspection fee $200.00 Options 2-hour load bank test $400.00 1 MQ Power Model DCA-45SSIU3 Minor inspection fee $200.00 Major inspection fee $200.00 Options 2-hour load bank test $400.00 1 MQ Power Model DCA-45SSI1U3 Minor inspection fee $200.00 Major inspection fee $200.00 Options 2-hour load bank test $400.00 Other labor rates & travel rates as per Bid #05-076 4100 N. Powerline Rd. Suite X-4 — Pompano Beach, FL 33073 — Phone: 954-956-9252 — Fax: 954-968-6110 2320 Clark Street, Suite 10—Apopka, FL 32703 —Phone: 407-532-0414— Fax: 407-532-0415 www.gensetservices.com Page 2 of 2 Proposal 08-POM030I Conditions: This Proposal includes above parts, disposal of all waste materials, shipping/handling and labor to perform job described above during normal working hours Mon -Fri 8:00 a.m. to 4:30 p.m. This Proposal does not include additional work required due to unforeseen problems that may be discovered after work has commenced. This proposal is separate from any previous proposal written or implied and requires authorization and purchase order to proceed. This Proposal is for immediate acceptance and is subject to change without notice. Prices subject to any applicable state or local taxes_ Deliveries offered are approximate and are subject to revision due to causes beyond our control. Where specified, priority ratings shall be made a part of orders. Dick Schulz Genset Services, Inc CUSTOMER AUTHORIZATION: (Please sign below and fax to (954) 968-6110) By: Print Name: Title: Date: P.O.#: 4100 N. Powerline Rd. Suite X4 —Pompano Beach, FL 33073—Phone. 954-956-9252 — Fax: 954-96"110 2320 Clark Street, Suite 10 — Apopka, FL 32703 — Phone: 407-532-0414 — Fax: 407-532=0415 www.gensetservices.com AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: St. Lucie County Sheriff's Office ITEM NO. i DATE: June 17, 2008 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [X] PRESENTED BY: Sheriff's Office SUBJECT: Permission to apply for the 2008 Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance. BACKGROUND: The U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance has designated St. Lucie County to be the lead applicant and administrator for the new 2008 Justice Assistance Grant (JAG) program. This new program blends the previous years Byrne Formula and Local Law Enforcement Block Grant Programs to provide agencies with the flexibility to prioritize and place justice funds where they are needed most. St. Lucie County has been allocated a joint application award amount of $35,034.00 which is to be divided among the Fort Pierce Police Department and the St. Lucie County Sheriff's Office. Application Purpose Area - Law enforcement programs- JAG funds can be used for local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and for information systems for criminal justice. FUNDS AVAILABLE: No Matching Funds Required PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the submission of 2008 JAG application in the amount of $35,034. • u u • ► lj•� 6 �• [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: '+fir t-r, �Y< - County Administrator Review and Approvals Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Eff. 5196 l .r iureaA o! Justice Assista HOME ASK BJA SITE MAP SEARCH N" WA Po•ans ProgramJustice Assistance Grant (JAG) 8raar*e ftaawe" Edward Byrne Memorial Justice Assistance Grant (JAG) Program (FY 2008 Local Solicitation) JWk* rases Applications are due July 8, 2008 FY 2008 JAG Allocations (State and Local) and FY 2008 JAG Traidep 4 Variable Passthrough Information T°cks°slAsoka" FY 2008 JAG Frequently Asked Questions Jwfte Today FYs 2007/2008 JAG State Allocation Comparisons hbRcaUoas Edward Byrne Memorial Justice Assistance Grant (JAG) Program (FY 2008 State . ASSWUM" Solicitation) smo rrogren The solicitation is now closed. PrbacBatagom"W This solicitation was ONLY for the 56 states/territories. The FY 2008 Local JAG solicitation Never Wrm will be available in the near future. Grants Management System (GMS) On-line Training Tool Reporting Period and Due Date for JAG Reports Overview: The Edward Byrne Memorial Justice Assistance Grant Program allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. JAG replaces the Byrne Formula and Local Law Enforcement Block Grant (LLEBG) programs with a single funding mechanism that simplifies the administration process for grantees. The procedure for allocating JAG funds is a formula based on population and crime statistics, in combination with a minimum allocation to ensure that each state and territory receives an appropriate share. Traditionally, under the Byrne Formula and LLEBG Programs, funds were distributed 60/40 between state and local recipients. This distribution continues under JAG. JAG Purpose Areas: • Law enforcement programs. Prosecution and court programs. ■ Prevention and education programs. • Corrections and community corrections programs. • Drug treatment and enforcement programs. • Planning, evaluation, and technology improvement programs. ■ Crime victim and witness programs (other than compensation). Legislation: Public Law 109-162, Title XI —Department of Justice Reauthorization, Subtitle B— Improving the Department of Justice's Grant Programs, Chapter 1—Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program Eligibility: State and local jurisdictions are eligible for JAG funding as identified in the FY 2008 JAG allocation charts. (Coming soon.) Any law enforcement orjustice initiative funded under the Byrne Formula or LLEBG Programs is eligible for funding under the JAG Program's six purpose areas. JAG funds can be used to pay for personnel, overtime, and equipment. Funds provided for the states can be used for statewide initiatives, technical assistance and training, and support for local and rural jurisdictions. How JAG Differs From Byrne and LLEBG: ■ Awards are distributed up front instead of on a reimbursement basis, giving recipients immediate control over their funds. • Direct recipients can earn interest on their awards, generating additional funding for future justice projects. ■ Projects can be funded beyond a 4-year period, allowing successful initiatives to receive funding to continue and expand their efforts. • Fewer fiscal and programmatic reports are required, saving state administering agencies and local programs valuable staff time and resources. ■ Mandatory set -asides are eliminated, encouraging states and communities to spend justice funds where they are most needed. HowMhen To Apply. The FY 2008 state solicitation was released November 29, 2007, and applications were due January 31, 2008. and The FY 2008 local solicitation has not yet been released. All applications must be submitted via the Office of Justice Programs Grants Management System (GMS). Related Information: JAG Performance Measures FY 2007 JAG Allocations (State and Local) and FY 2007 JAG Variable Passthrough Information FYs 2006/2007 JAG State Allocation Comparisons Edward Byme Memorial Justice Assistance Grant (JAG) Program (FY 2007 State Solicitation) Edward Byrne Memorial Justice Assistance Grant (JAG) Program (FY 2007 Local Solicitation) JAG Frequently Asked Questions Read about Officer Edward R. Byrne Checklist for New SAA Administrators and SAA Staff FY 2006 State Solicitation FY 2006 Local Solicitation FY 2006 JAG Allocations FY 2006 JAG Variable Passthrouah Information FY 2005 JAG Application Kit for States FY 2005 JAG Application Kit for Locals FY 2005 JAG Allocations and Disparate Information FY 2005 JAG Variable Passthrouah Information Justice Assistance Grant (JAG) Program 2005 (Bureau of Justice Statistics Technical Report) (PDF) Contact Information: Eileen M. Garry, Deputy Director Bureau of Justice Assistance 810 Seventh Street NW. Washington, DC 20531 202-307-6226 Fax:202-514-5956 E-mail: Eileen.GarryOusdoi.aov U.S. Department of Justice I Office of Justice Proarams fir • Privacy Statement and Disclaimers I FOIA (.j gm Related Information: JAG Performance Measures FY 2007 JAG Allocations (State and Local) and FY 2007 JAG Variable Passthrough Information FYs 2006/2007 JAG State Allocation Comparisons Edward Byrne Memorial Justice Assistance Grant (JAG) Program (FY 2007 State Solicitation) Edward Byrne Memorial Justice Assistance Grant (JAG) Program (FY 2007 Local Solicitation) JAG Frequently Asked Questions Read about Officer Edward R. Byrne Checklist for New SAA Administrators and SAA Staff FY 2006 State Solicitation FY 2006 Local Solicitation FY 2006 JAG Allocations FY 2006 JAG Variable Passthrough Information State Judedictign Nmtne Government T lridi fe l - " . / pcation Joil" Ali4cation 13RC31NARD Momy FL 0 E rr4rl CrTY �?. Fir LJAPIDERDA-MV0,0 'COY rL €IL V 4,o6r LOC POU(my ate x4 FL TAB STY o $W,3$S FL i+lNl.f'i` FIL $C P FL $T LUCIE OWNTY 1 A29 , FL FORT PIERCE CITY Municipal $23,606 $35,034 FL ALACHUA COUNTY County $31,715 FL APOPKA CITY Municipal $10,720 FL BAY COUNTY County $13,574 FL BELLE GLADE CITY Municipal $10,212 FL BOYNTON BEACH CITY Municipal $19,420 FL BRADENTON CITY Municipal $11,766 FL BREVARD COUNTY County $35,616 FL CAPE CORAL CITY Municipal $11,576 FL CHARLOTTE COUNTY County $20,879 FL CITRUS COUNTY County $11,195 FL CLAY COUNTY County $20,276 FL CLEARWATER CITY Municipal $30,414 FL COCOA CITY Municipal $13,162 FL COLLIER COUNTY County $40,584 FL DAYTONA BEACH CITY Municipal $33,089 FL DELRAY BEACH CITY Municipal $21,228 FL ESCAMBIA COUNTY County $58,302 FL FORT MYERS CITY Municipal $30,985 FL GAINESVILLE CITY Municipal $31,281 FL HERNANDO COUNTY County $21,746 FL HIALEAH CITY Municipal $41,916 FL HILLSBOROUGH COUNTY County $156,374 FL HOMESTEAD CITY Municipal $27,623 FL INDIAN RIVER COUNTY County $10,550 FL JACKSONVILLE CITY Municipal $209,274 FL KISSIMMEE CITY Municipal $15,456 FL LAKE COUNTY County $28,353 FL LAKE WORTH CITY Municipal $18,088 FL LAKELAND CITY Municipal $15,255 FL LARGO CITY Municipal $12,971 FL LEE COUNTY County $52,784 FL MANATEE COUNTY County $69,096 FL MARION COUNTY County $46,293 stater Jurtsdtctloh NIii" ®avemment lndh4dual Ants a joint A111 Catim FL MARTIN COUNTY County $15,434 FL MELBOURNE CITY Municipal $22,792 FL MIAMI BEACH CITY Municipal $37,370 FL MIAMI CITY Municipal $195,848 FL MIAMI GARDENS CITY Municipal $60,342 FL MIAMI-DADE COUNTY County $290,749 FL NASSAU COUNTY County $25,520 FL NORTH MIAMI BEACH CITY Municipal $14,420 FL NORTH MIAMI CITY Municipal $22,084 FL OCALA CITY Municipal $20,223 FL OKALOOSA COUNTY County $12,908 FL OPA-LOCKA CITY Municipal $14,324 FL ORANGE COUNTY County $200,827 FL ORLANDO CITY Municipal $123,296 FL OSCEOLA COUNTY County $21,883 FL PALM BAY CITY Municipal $16,777 FL PALM BEACH COUNTY County $94,140 FL PANAMA CITY Municipal $11,333 FL PASCO COUNTY County $41,853 FL PENSACOLA CITY Municipal $14,494 FL POLKCOUNTY County $48,692 FL PUTNAM COUNTY County $19,187 FL RIVIERA BEACH CITY Municipal $22,274 FL SARASOTA CITY Municipal $16,862 FL SARASOTACOUNTY County $23,522 FL SEMINOLE COUNTY County $19,177 FL ST JOHNS COUNTY County $16,227 FL TAMPACITY Municipal $145,084 FL TITUSVILLE CITY Municipal $11,671 FL VOLUSIA COUNTY County $30,298 FL WEST PALM BEACH CITY Municipal $38,364 STATE OF FLORIDA $6,690,822 "While ineligible For direct JAG funding in FY 2008, for JAG purposes this county remains a partner with the citylcities receiving JAG funds, and must be a signatory on the MOU required of disparate jurisdictions. For details, please go to- wYwv.o' .usdo. ov/BJA/ rantijagO8fO8JAGMOU. df. Bureau of Justice Assistance (BJA) Edward Byrne Memorial Local Justice Assistance Grant (JAG) Program Frequently Asked Questions Award Eligibility/Formula Information 1. How do I know if I am eligible for a direct JAG award from BJA? The list of eligible applicants can be found by clicking on your state on the following web page: www.oip.usdo'.pr—ov/BJA/i4rant/08ia�allocations.html. 2. Our city/county does not qualify for a direct award. How do I become eligible for a direct award in the future? Based on the current JAG legislation, an increase in any of the following may qualify you for an award in the future: overall appropriation, state population, crime expenditure data, and Part I violent crime data from the Federal Bureau of Investigation's (FBI's) Uniform Crime Reports. 3. My city/county/parish/township/tribe is not listed as qualifying for a direct award. Is there other JAG funding available? Yes. Your state government also receives a JAG award from BJA, and you may qualifil for funding from the state. States are required to "pass -through" a certain percentage of their state ai%and to fund local projects that support one or more of the approved JAG purpose areas. You can find which agency administers this award by clicking on your state on the following web page: htta:/hN kvA-, oiv.usdoa.eov/saa/index.htm. The state agency that administers the JAG pass -through funds will be listed under the Bureau of Justice Assistance. 4. Where can I find Uniform Crime Report (UCR) Part I violent crime data and crime expenditure data for my city or county? For UCR data, please refer to the following «cbpage: -www.fbi.gov/ucr/ucr.htm. 5. Our local jurisdiction (e.g., city, county, parish, township, tribe) is eligible to apply for a direct award from BJA. Who must apply and where do I find more information on how to apply? Only a unit of local government (e.g., city, county, parish, township, or tribe) may apply for JAG funding from BJA. The legal name on the JAG application must match the name of the unit of local government on the eligibility list. The Chief Executive Officer (CEO) of a unit of local government is responsible for determining which government official will apply for funding and may designate an agency head (such as a police chief, sheriff, etc.) to be the Signing Authority on the application. For example, if the applicant is a city and the project will be implemented by the police department, the chief of police can be designated and would have signing authority for that application. In this instance, the police department must be listed as the "Organizational Unit- on the application. Annlication Reauirements 1. Our local jurisdiction (e.g., city, county, parish, township, tribe) is eligible to apply for a direct award from BJA. Who must apply and where do I find more information on how to apply? Only a unit of local government (e.g., city. counh-, parish, township. tribe) may apply for JAG funding from BJA. The legal name on the application must match the name of the unit of local government on the eligibility list. The Chief Executive Officer (CEO) of a unit of local goyemment is responsible for determining which government official will apply for funding and may choose to designate an agency head (such as a police chief. sheriff. etc.) to be the Signing Authority on the application. For example. if the applicant is a city and the project will be implemented by the police department, the chief of police can be designated and would also have signing authority for that application. In this instance, the police department must be listed as the "Organizational Unit' on the application. 2. Will our city/county receive the amount listed one time or for every year of the project period? This amount listed on the eligible jurisdiction list is a one-time award amount. The project period for the one-time award is from October 1, 2007 to September 30, 2011. 3. The application states that the eligible unit of local government must "make the grant application available for review to the governing body of the unit of local government or an organization designated by the governing body prior to submitting that application to BJA." a. What is the governing body? Examples of the governing body are a city council, county commission, county board of supervisors, or other legislative body at the local level. Follow your local laws and procedures for providing the application to the governing body. For example, based on internal procedures, you may need to provide it to the administrative assistant for the city to distribute to the city council. b. Our city council meets only once a month. How can I meet that requirement and still submit my application by BJA's due date. July 8, 2008? The requirement is that the application be provided for review by the governing body. Approval prior to submitting it to BJA is not required. Submit your application via the online Grants Management System (GMS) no later than the July 8, 2008 deadline. If the application is not complete or you did not meet the 30-day governing body review requirement, BJA will add a special condition withholding funds until the requirement is met. After receiving your JAG grant, you will be responsible for addressing the special conditions before you can access your JAG funds. c. Our city just found out about the JAG funds. Therefore. it is not possible to meet the 30-day requirement and submit the application by BJA's deadline. July 8, 2008. Are we ineligible for an award? All JAG applications must be submitted on or before the deadline of July 8, 2008. BJA will begin processing applications that have not yet met the 30-day requirement (at the time of submission), but will not formally award those applications until the 30 days have passed. JAG funds will be withheld until you have addressed all remaining application requirements. 4. The application states that the unit of local government must "provide an assurance that the application (or any future amendment) was made public and an opportunity to comment was provided to citizens and to neighborhood or community organizations to the extent applicable by law or established procedure makes such an opportunity available." a. Does this have to be done 30 days prior to submitting the application? No. You must meet this requirement before you submit the application to BJA, not 30 days prior. If you do not meet this requirement before submitting the application, BJA will add a withholding special condition to your award until you provide documentation that the published notification is complete. b. Is it required that I hold a public hearing or can I just post a notice in the newspaper? If your local law allows, posting a notice in the newspaper is sufficient if there is a means for the public to provide comments by calling, e-mail, sending a letter, etc. c. Is there a requirement to have an advisory board review the application? There is no requirement to have an advisory board review the application; however, BJA encourages jurisdictions to use an advisory board if possible. Disparate Information My city is listed along with my county under the column "Joint Application Award Amount." What does this mean? If you are listed with another city or county government, you are in a funding disparity. The JAG legislation requires that if a city (or cities) receives one -and one-half times more funding (four times more for multiple cities) than the county, there is a funding disparity, and the units of local government must apply for an award with a single joint application. Also included in the disparity calculation is crime expenditure data for the city and the county. a. Fiscal Agent: How do we determine which single unit of local government will apply to BJA to be the fiscal agent for the funds? This is a decision to be made by the units of local government. Consider which local government is most capable of administering the financial and programmatic requirements according to federal guidelines. b. Projects: Are the city and the county required to work on the same projector purpose area? No. For example, the city may choose to purchase equipment, and the county may wish to fund a drug task force. c. Single -Jurisdiction Project: The county would like to administer a drug court with the JAG funds that would benefit all the cities listed as disparate. The cities agree with this strategy and would like the total allocation to go to the county. Do we still have to provide a Memorandum of Understanding (MOU) signed by all parties? Yes. In the example above, all of the cities must be included in the MOU and agree in that document that the county would receive the total allocation; the cities would not receive funding from the county, but they would benefit from the service the county would provide. The MOU must certify that the city or county that does not receive funds: 1) recognizes that the funds in question will be provided for a single project; 2) believes that the proposed project will provide a direct local benefit to their city or county; and 3) agrees that providing the funding for a single project is in the best interest of their city/county. d. Allocation: How do I find out what my jurisdiction's potential allocation was within the disparate process? This figure can be found atk,,TNvw.oii).usdoi.vov/BJA/grant/08iavallocations.html. For more information. contact your State Policv Advisor: N,%zvw.ojp.usdoj.goN-BJA/resource/stcont.htm . e. MOU: The sample MOU has blanks that I don't understand. For example, what do I fill in under the Tort Claims Act? A sample memorandum is provided at: wNA°w.oip.usdoi.govBJA/grant/i ag08/08JAGMOU. odf. This document was provided as an example only. The specific city and references to the city that created it were eliminated before it was posted to the internet. Each city/county will need to work with its own legal counsel to create an MOU specific to local city/county laws. f. MOU Submission: How do I provide the MOU to BJA? Please fax to 202-354-4t47 or email the MOU directly to your State Policy Advisor (1ti-Nvw,oin.usdoi.govBJA/resource/stcont.htm). When you fax a document to the GMS fax number (202-354-4147), each page appears as a separate electronic image: therefore. please write the GMS application number at the top of each fated page. The GMS application number (ex: 2008-F0204-CA-DJ) is generated when you access the JAG funding opportunity on GMS. g. Government Body Review: What is the governing body? Does every county/city need to provide the application to its governing body for review or does the requirement only apply to the city/county (the fiscal agent) that will actually submit the application to BJA? 4 Examples of governing bodies include a city council, county commission, county board of supervisors, or other legislative body at the local level. Follow your local laws and procedures for providing the application to the governing body. For example, based on internal procedures, you may need to provide your application to the administrative assistant for the city council to distribute to the city council. For "Joint Applications" only, the fiscal agent must provide a copy of the joint application to its governing body prior to submission to BJA. h. Public Review: The application kit states that you must "provide an assurance that the application or any future amendment was made public and an opportunity to comment was provided to citizens and to neighborhood or community organizations to the extent applicable law or established procedure makes such an opportunity available." Does each city and county listed have to make the application public or just the fiscal agent? The fiscal agent must make its application public and provide for an opportunity to comment. To promote an awareness of the application and proposed initiatives, the announcement should be broad enough for all jurisdictions participating in the joint application to receive notice. This can be accomplished as easily as announcing it in the local newspaper with an e-mail address to submit comments. Follow your local laws and procedures on the requirements for public notices and comments. i. Report Submissions: How will we submit reports to BJA? Only the fiscal agent will be required to submit quarterly financial reports and an annual performance report to BJA. However, the fiscal agent will need data from each of the cities and the county to obtain the information for the reports. You may want to include this requirement in your MOU. j. Trust Fund Requirement: How do we manage the trust fund requirement when there are multiple cities/counties? The JAG legislation requires that a trust fund be established for JAG funds. The trust fund may or may not be an interest -bearing account. This may be one trust fund that is established by the fiscal agent, or each jurisdiction may establish its own trust fund. Decisions on the trust fund, including how funds earned by the interest -bearing account will be distributed, should be outlined in the MOU. k. Administrative Costs: Can each unit of local government that will receive funding use up to 10 percent of their award for administrative costs? Only the fiscal agent may use up to 10 percent of the award for administrative costs. Administrative costs taken, if any, should be addressed in the MOU. Legislative Chances 1. The JAG grant prohibits the use of grant funds for vehicles, vessels, and aircraft (excluding police cruisers, police boats, and police helicopters) unless extraordinary and exigent circumstances exist. It also states that BJA must certify in writing that you may use the funds for this purpose. How do 1 obtain this approval? You must submit a written request (e-mail is acceptable) with your JAG application or post -award grant number to your BJA State Policy Advisor. The request must provide a response to the following: 1) What arc the extraordinary and exigent circumstances that exist that would require the use of JAG funds to purchase non -police vehicles/vessels/aircraft. 2) Describe the purpose of the non -police vehicles/vessels/aircraft related to criminal justice. Reyortin� 1. What will be the reporting requirements once the grant is awarded? Once you receive your award, you will be required to submit: A. Quarterly financial status reports (SF-269s). SF-269s MUST he submitted via GMS on the following schedule: Reporting quarter: January 1—March 31 April 1—June 30 July 1—September 30 October 1—December 31 Due no later than: May 15 August 14 November 14 February 14 B. Annual performance reports. Annual Performance reports must be submitted via GMS on the following schedule: • Local Grantees: The "PERMANENT" reporting period for all Local JAG grantees is January 1—December 31, due March 31. • State and Territory- Grantees: The "PERMANENT' reporting period selection has been established in GMS. To verifi- which reporting period your agency has chosen. please contact your State Policy Advisor («-%vw.oin.usdoi.QovBJA/resource/steont.htm). Administration 1. Where can I find GMS instructions related to SF-269 Financial Status Reports, JAG Progress Reports, Grant Adjustment Notices and/or Closeouts? GMS training aids can be located here: www.oip.usdoi.uov/traininu/ems.htm. 2. Now that I received my award, are there any written post -award instructions? The Office of the Chief Financial Officer, Office of Justice Programs has a Post -award Instruction package to assist grantees located at: www.oip.usdoi.izovBJA/resource/toolbox.html. 3. Can 1 speak to a live person at BJA regarding my JAG grant? m Each state/territory has a designated BJA State Policy Advisor (SPA). To locate your SPA, click on the following website: www.oiv.usdoi.govBJA/resource/stcont.htm. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Administration/ Value Adjustment Board ITEM NO. G DATE: June 17, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] PRESENTED BY: SUBJECT: Budget Amendment #08-026, requesting the Board to approve the trar�ng of $10,000 from Contingency (001-9910-599100-800) to the Value Adjustment Board Professional Services Account (001- 1325-531000-100) to finish paying invoices until the end of FY 07/08. BACKGROUND: Please see attached memo. FUNDS WILL BE MADE AVAILABLE IN: 001-9910-599100-800 (Contingency) transferred into account 001-1325-531000-100 (Professional Services). PREVIOUS ACTION: On April 22, 2008, the Board approved transferring $15,000.00 from Contingency to the Value Adjustment Board Professional Services Account. RECOMMENDATION: Staff recommends the Board's approval of Budget Amendment 408-026 and requests that the Board approve transferring $10,000 from Contingency (001-9910-599100-800) to the Value Adjustment Board Professional Services (001-1325-531000-100) to finish paying invoices until the end ofFY 07/08. COMMISSION ACTION: [ >1 APPROVED [ ] DENIED [ ] OTHER: /- /--x Approved 5-0 DouglTs M. Anderson County Administrator Coordination/Signatures County Attorney: Management & Budget: i�o Purchasing: Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) — Other: H:IAGENDA REQUESTS\2008\VA131.Doc COUNTY ADMINISTRATION MEMORANDUM To: Board of County Commissioners From: Douglas Anderson, County Administrator Date: June 17, 2008 Subject: Value Adjustment Board On April 22, 2008, the Board approved transferring $15,000.00 from Contingency to the Value Adjustment Board Professional Services Account to finish paying invoices until the end of FY 07/08 for Special Magistrate Services, postage and advertising. At this time, the Special Magistrates have remanded four petitions back to the Property Appraiser's Office for re-evaluation. There will also be additional Clerk of Court personnel costs, postage and advertising costs. To date, the Value Adjustment Board will need an additional $10,000.00 to finish paying for invoices until the end of FY 07/08 for Special Magistrate Services, postage and advertising. At this time, I am asking that the Board approve Budget Amendment BA#08-026 transferring funds from Contingency to Professional Services in the amount of $10,000.00. If you have any questions, please contact me at extension 1453. Thank you. DMA/jdp BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: Value Adjustment Board 61212008 6/1712008 ACCOUNT NUMBER ACCOUNT NAME. AMOUNT TO: 001-1325-531000-100 Professional Services $10,000 FROM: REASON FOR BUDGET AMENDM THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: FISCAL YEAR 2007-2008 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $625,500 DEPARTMENT ITEM Approved Budget Contingency ACCOUNT# AMOUNT DATE 001-9910-599100-800 $1,000,000 BA08-006 Certified Green Local Government fees $4,500 1/8/2008 BA08-007 Fairgrounds Wastewater Plant $30,000 1/8/2008 BA08-011 Additional Funds Needed for Unanticipated Litigation $100,000 2/12/2008 BA08-015 Additional Funds Needed for Unanticipated Litigation $150,000 3/11/2008 BA08-020 Additional Funds Needed for Invoices for Value Adjustment Board $15,000 4/29/2008 BA08-023B PHS Inmate Medical Expenses NOT APPROVED BY BOCC $0 5/13/2008 BA08-024 Additional Funds Needed for Unanticipated Litigation $75,000 5/27/2008 Total used: Balance Available Proposed action: To be revisited PHS Inmate Medical Expenses BA08-026 Value Adjustment Board $374,500 $625,500 $482,000 TBD $10,000 6/17/2008 Balance Available After Proposed Action: $133,500 AGENDA REQUEST Y:, TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [>I APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney:_X jj�a .7,-.� OeL" Originating Department: Other: Adopt Resolution schedule of fees, services provided Department. ITEM NO. C-H I DATE: June 17, 2008 REGULAR[] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Beth Ryder, Direct r v No. 08-198 approving the revised to become effective July 1, 2008, for by the St. Lucie County Health See attached Memo #08-171 001-6210-581020-600 (Health Department) The Board approved the FY 07/08 contract with the St Lucie County Health Department September 27, 2007. Staff recommends the Board approve the revised schedule of fees, to become effective July 1, 2008, for services provided by the St. Lucie County Health Department. County Administrator Coordination/Signatures Management&Budget:_X Purchasing: Finance: Check for Copy only, if applicable _ _ i COMMUNITY SERVICES MEMORANDUM #08-171 r TO: Board of County Commissioners FROM: Beth Ryder, DirectorC��-- SUBJECT: Request for Adoption of Revised Fee Schedule for St Lucie County Health Department DATE: June 17, 2007 Adopt Resolution No. 08-198 approving the revised schedule of fees, to become effective July 1, 2008, for services provided by the St. Lucie County Health Department. In order to coordinate the operation of the Health Department and pursuant to Chapter 154.01(2), F.S., the Board of County Commissioners enters into a contract each year with the State of Florida for public health services, personal health services, primary care services and miscellaneous services. RECOMMENDATION: Staff recommends the Board approve the revised schedule of fees, to become effective July 1, 2008, for services provided by the St. Lucie County Health Department. } RESOLUTION NO. 08-198 A RESOLUTION INCREASING AND ADDING CERTAIN FEES TO THE FEE SCHEDULE FOR THE ST. LUCIE COUNTY HEALTH DEPARTMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 154.06(1), Florida Statutes, authorizes the Board of County Commissioners to establish fees for the Public Health Services, Personal Health Services, Primary Care Services, and Miscellaneous Services provided by the St. Lucie County Health Department. 2. Due to the increased cost of medical supplies and labor, it is necessary and in the best interest of the health, safety and public welfare of the citizens of St. Lucie County to amend the current Fee Schedule for the Health Department to incorporate certain increased and additional fees. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby adopts the "St. Lucie County Health Department Fee Schedule", attached hereto and incorporated herein as Exhibit "A". 2. This resolution shall take effect on July 1, 2008 After motion and second the vote on this resolution was as follows: Chairman Joseph E. Smith Vice Chairman Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande Commissioner Chris Craft PASSED AND DULY ADOPTED this 17th day of June 2008 ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY St Lucie County Health Department Service Fees Effective 07/O1/08 IMMUNIZATIONS Administration Fee Per immunization Hepatitis B Vaccine (3 injections required) per injection Hepatitis A (2 injections required) per injection TwinRix Hep A&B combined (3 injections required) per injection Influenza MMR - Over the Age of 18 Tetanus Diphtheria (Decavac) TDAP (Adacel) 11 to 64 yrs. Pneumonococcal Vaccine Varicella Vaccine (Chicken Pox) Yellow Fever Typhoid Rabies Vaccination: Vaccine (5 doses)(per injection) Rabies Immune Globulin (dosage based on body weight)(per Meningitis Menomune Menactra Fees 20.00 Cost+fee Cost+fee Cost+fee Cost+fee Cost+fee Cost+fee Cost+fee Cost+fee Cost+fee Cost+fee Cost+fee Cost+fee 2ml vial) Cost+fee Cost+fee Cost+fee Old Fees Immune Globulin (dosage based or, body weight) (per 2ml vial) Cost+fee Foreign Travel Clinic RN Consultation 50.00 Immunization Book 5.00 4.00 680 Expedite process not associated 5.00 4.00 with clinic visit PPD 20.00 19.00 LABORATORY In house Laboratory processing Fee 25.00 20.00 HIV/Aids Testing (Confidentiai) 30.00 27.00 HIV/Aids Testing (Anonymous) 35.00 33.00 Drug Testing without ETOH 35.00 33.00 Drug Testing with ETOH 70.00 66.00 Complete Urinalysis 15.00 11.00 Pregnancy Test 35.00 33.00 RPR 15.00 11.00 Ova & Parasite 5.00 4.00 Enteric Culture (stool) 5.00 4.00 Occult Blood (stool) 5.00 4.00 Effective 07/01/08 Fees Old Fees Throat Culture 30.00 25.00 Influenza Culture 50.00 40.00 Hemoglobin 15.00 11.00 Random Blood Sugar 15.00 11.00 Lead Screen 30.00 27.00 Gc/Chl 15.00 11.00 Pap Smear (Routine) 15.00 11.00 Pap Smear (OB) 41.00 New Urine Protein & Glucose 15.00 11.00 All LabCorp Laboratory tests are at current cost plus processing fee. VITAL STATISTICS Birth Certificates (Book Copy) 17.00 Birth Certificates (Computer Copy) 15.00 Extra Copies of Certificates 10.00 Out of County Birth Certificates 17.00 Death Certificates 14.00 Birth/Death Records Search (Per year) 7.00 Expediting Charge 7.00 PERSONAL HEALTH Chest X-Ray 55.00 50.00 Insulin (per vial) 16.00 15.00 STD Screening 44.00 40.00 School Exam Records/Patient Request(gold form) 3.00 Copies of Medical Records (per page) 1.00 Family Planning/Maternal *Sliding Fee Scale Health According to Office of Management and Budget Poverty Scale PRIMARY CARE Pediatric Clinic (New) -base rate 70.00 55.00 Pediatric Clinic (Established) - base rate 60.00 New 1aP r.C: isWo a AGENDA REQUEST ITEM NO: C-H-2 DATE: June 17, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY DEPT: Community Services PRESENTED BY: Corine C. William Transit Manager SUBJECT: Approve and authorize the Chair to sign Resolution 08-199 for the Florida Department of Transportation Joint Participation Agreement for the Ave D and 81h Street Park &. Ride. BACKGROUND: See attached Memo # 08-176 FUNDS AVAILABLE: 001413-4910-334411-400 (FDOT— Park and Ride) PREVIOUS ACTION: On April 22, 2008, the BOCC approved the District 4 Park & Ride Time extension and modification of current scope. This revised scope includes language allowing for planning and designing as part of the construction process of the future Park and Ride lot. Anticipated construction date is September 2009. RECOMMENDATION: Approve and authorize the Chair to sign Resolution 08-199 for the Florida Department of Transportation Joint Participation reement. COMMISSION ACTION: CONCUR13E E: r4 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Doodglas M. Anderson County Administrator Coordination/Signatures County Attorney: x -+-s C= Dsz.. Management & Budget x � Purchasing: Originating Department: Other_ Other: -FLe: x Check for copy only, if applicable X COMMUNITY SERVICES MEMORANDUM #08-176 TO: Board of County Commissioners FROM: Corine C. Williams, Transit Manage SUBJECT: Approve and authorize the Chair to sign Resolution 08-199 for the Florida Department of Transportation Joint Participation Agreement for the Ave D and 8th Street Park & Ride grant. DATE: June 17, 2008 On February 21, 2006, the Board approved the Joint Participation Agreement (JPA) between the County and Florida Department of Transportation on the first grant funding of the Ave D & 8th street Park & Ride. St. Lucie County received grant funds of $150,000 from FDOT that required no local match. On May 9, 2006, the BOCC approved the District 4 Park and Ride maintenance agreement and a supplemental agreement for an additional $14,750. On June 6, 2006, the BOCC authorized the Chair to sign resolution 06-190 for the maintenance of the Park & Ride lot. On April 22, 2008, the BOCC approved the District 4 Park & Ride Time extension and modification of current scope to include language allowing for planning and designing as part of the construction process of the future Park and Ride lot at Avenue D and 8th Street in Fort Pierce. Staff Recommendation Approve and authorize the Chair to sign Resolution 08-199 for the Florida Department of Transportation Joint Participation Agreement for the Ave D and 8th Street Park & Ride grant. RESOLUTION NO.08-199 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN TO EXECUTE AND FILE A SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 4 FOR THE TIME EXTENSION, AND COST ASSOCIATED WITH PLANNING, DESIGN AND CONSTRUCTION OF THE AVE. D AND 8TH PARK AND RIDE LOT. WHEREAS, the Florida Department of Transportation, District 4, and the Board of County Commissioners of St. Lucie, Florida, desire to participate jointly to develop and implement a park and ride grant. WHEREAS, Park & Ride improvements will benefit the residents, businesses and visitors in the County. WHEREAS, public transportation is vital to the quality of life and economic well being of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Chairman of the Board of County Commissioners is hereby authorized to execute and file a Supplemental Joint Participation Agreement with the Florida Department of Transportation to include "Planning, designing and construction" to be included in the park and rode lot. 2. Effective date: This resolution shall become effective upon its adoption. After motion and second, the vote on this resolution was as follow Chairman Joseph E. Smith XXX Vice Chairman Paula A. Lewis XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Charles Grande XXX DULY PASSED AND ADOPTED this is 200 Attest: Deputy Clerk Board of County Commissioners St. Lucie County, Florida 0 Chairman Approved as to form and correctness County Attorney , 4� y * ji f 7r F NTY R I D A AGENDA REQUEST ITEM NO: L4 DATE: April 22, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY DEPT: Community Services PRESENTED BY: Corine C. Williams„ Transit Manager SUBJECT: Approve and authorize the chair to sign the time extension for Florida Department of Transportation Joint Participation Agreement for Ave D and 8th Street Park & Ride lot. Also, to modify current scope to include language allowing for planning and designing as part of the construction process of the future Park and ride lot. BACKGROUND: On May 9, 2006, the BOCC approved the District 4 Park and Ride maintenance agreement supplement #1 for additional fund of $14,750. On February 21, 2006, the BOCC approved the Joint Participation Agreement (JPA) between the County and Florida Department of Transportation for a 100% grant at $150,000. FUNDS AVAILABLE: Account # 001413-4910-334411-400 FDOT and 001413-4910-53400- 400 other Contractual Services. PREVIOUS ACTION: On June 6, 2006 BOCC authorized the chair to sign resolution 06- 190 and the Park and Ride Maintenance agreement for the future Ave D and 8th street Park and ride lot. RECOMMENDATION: Approve and authorize the Chair to sign time extension for FDOT's JPA and modification of language for Ave D and 81h Street Park & Ride lot. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Douglas M. Anderson County Administrator Ccordmation Signatu es Ccunty Attcrney > -1 r, `—` Management 3 Budget Purchasing Onginar^c Depa tmer' Other Other _ FnanCE r. Cceck fcr copy only i' appucahle COUNTY F L Q R I D A COMMUNITY SERVICES MEMORANDUM #08-121 TO: Board of County Commissioners FROM: Corine C. Williams, Transit Manager SUBJECT: Approve and authorize the chair to request and sign the time extension for the Florida Department of Transportation Joint Participation Agreement for the Ave. D & 8th Street Park & Ride lot; make revision to the project scope to include verbiage that allows for "planning and design" as apart of the construction of the Park &ride lot. DATE: April 22, 2008 On February 21, 2006, the Board approved the Joint Participation Agreement (JPA) between the County and Florida Department of Transportation on the first grant funding of the Ave D & 8th street Park & Ride. St. Lucie County received grant funds of $150,000 from FDOT that required no local match. On May 9, 2006, the BOCC approved the District 4 Park and Ride maintenance agreement and a supplemental agreement for an additional $14,750. The County is seeking the board approval to request a time extension of up to one (1) year and to modify the scope of the project's language to state planning and designing to be included in the construction process. Staff Recommendation Approve and authorize staff to request a time extension for the Florida Department of Transportation Joint Participation Agreement for the Ave. D & 8th Street Park & Ride and modification of the scope language to include planning and design. Chair is authorized to sign all necessary documents. GWEMOS1Memos 2008\08-118 Budget Resol for MNET Amend#6.doc "CU.NT�YaaP,i�¢' April 17. 200S Nis, Carolyn Geck I-ransit Grants Coordinator Florida Deparunent of Transportation -,400 W. Commercial Blvd. Fort Lauderdale. FL 33309 Dear Ms. Geck: C� , I I SERVICLS DIVISION T,_ Re: Part: and Ride grant FM# 41825719401 Request for scope modification & time extension St. Lucie County Board of County Commission requests to modify the existing park and rode prant to include the verbiage "planning, design" as part of the construction of the proposed part: and ride lot at Ave D K 8°i Street. In addition. staff requests a time extension to allow the part: and ride project to be aligned with the proposed timeline of the future intermodal transfer station which is anticipated to complete construction by September 2009. Please find attached the anticipated time line for your review and approval. Should Nou have anN additional questions please don't hesitate to contact me at 77_-46-2-1-092. Sincerer Corinc, Frazier I ransit �lana�acr Project Timeline SLC Ft. Pierce Multi -Modal Transit Facility Incorporation of Park & Ride Proposed Start Date Completion Date Architect Agreement I-cb. 29. 2008 N4arch 28. 2008 ProgramminL, Phase March 28. 2008 April 7. 2008 Schematic Design Phase April 8. 2008 April 29. 2009 Design Development Phase April 30. 2008 .tune 0. 2008 Workinu Drawings Phase Mav I. 2008 August 1. 2008 Permits for Construction August 4, 2008 September 4. 2008 Bidding K Negotiations Phase September 5.2008 October 6. 2008 Contract with Contractor October ;'. 2008 November ". 2008 Construction Phase November 10. 2008 September 10. 2009* * The construction of the park Jc rule lot will be included during this please. Z� J _ AGENDA REQUEST ' ITEM NO: C-H-3 DATE: June 17, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY DEPT: Community Services PRESENTED BY: Corine C. WilFiams Transit Manager SUBJECT: Approve and authorize the chair to sign First Amendments to SubGrant Agreement #1 and # 2 to Contract # C04-12-566 with the Council on Aging of St. Lucie, Inc., BACKGROUND: See attached Memo 08-175 FUNDS AVAILABLE: 130200-4910-582015400 (FDOT — Service Development Grant) 130205-4910-582016-400 (FDOT — Service Development Grant) PREVIOUS ACTION: On April 26, 2005, the Board approved a Sub -Grant Agreement, in an amount not to exceed $308,840 and on June 14, 2006, the Board approved a Sub -Grant Supplemental Agreement, in an amount not to exceed $308,000, for the operation of improved transit service in Port St Lucie, with local matches funded from the Public Transit MSTU. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the First Amendment to the April 26, 2005, Sub Grant Agreement #1 and the June 14, 2005 Sub Grant Agreement #2 (FDOT JPA FM: #416101-1-84-01) with the Council on Aging of St. Lucie, Inc. (St Lucie County Contract # C04-12-566). COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONC Douglas M. Anderson County Administrator Coordination/Signatures County Attorney: x '!k?fvr.O^' Management & Budget x 'x Purchasing' Originating Department: Other_ Other: t mince: x Check for copy only, if applicable s, - COMMUNITY SERVICES fire t MEMORANDUM #08-175 TO: Board of County Commissioners FROM: Corine C. Williams, Transit Manager SUBJECT: First Amendments to April 26, 2005 SubGrant Agreement #1 and June 14, 2005 sub grant Agreement #2 (FDOT JPA FM: #416101-1-84-01) with Council on Aging of St. Lucie, Inc. (St Lucie County Contract # C04-12-566) DATE: June 17, 2008 On April 26, 2005, the Board approved a Sub -Grant Agreement, in an amount not to exceed $308,840 and on June 14, 2005, the Board approved a Sub -Grant Supplemental Agreement, in an amount not to exceed $308,000, for the operation of improved transit service in Port St Lucie, with local matches funded from the Public Transit MSTU. The Amendments will change the local matches to MSTU or such other funding sources as may be available to the County. Recommendation: Staff recommends that the Board of County Commissioners approve First Amendment to the April 26, 2005, Sub Grant Agreement #1 and the June 14, 2005 Sub Grant Agreement #2 (FDOT JPA FM: #416101-1-84-01) with the Council on Aging of St. Lucie, Inc. (St Lucie County Contract # C04-12-566). FIRST AMENDMENT TO JUNE 14, 2005 SUBGRANT AGREEMENT #1 (FDOT JPA FM: 416101-1-84-01) THIS FIRST AMENDMENT, made this day of 12008, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County," and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": WITNESSESTH: WHEREAS, on April 26, 2005, the parties entered into a subgrant agreement wherein the County agreed to disburse a subgrant to the Council in the total amount not to exceed three hundred eight thousand eight hundred forty and 00/100 dollars ($308,840.00), hereinafter referred to as the "Agreement," pursuant to the Florida Department of Transportation Joint Participation Agreement Supplement #1, hereinafter referred to as the "Grant Agreement," to be used to provide improved transit service in Port St. Lucie; and, WHEREAS, the Agreement provided for the County's matching funds under the Grant Agreement to be funded by the County's Transit Municipal Services Taxing Unit; and, WHEREAS, it is necessary to amend the Agreement to provide for the County's matching funds under the Grant Agreement to also be funded from such other sources as may be available. NOW, THEREFORE, in consideration of the mutual benefits received by each party the parties hereby agree to amend the Agreement as follows: Paragraph 1 of the Agreement shall be amended to read as follows: 1. The County shall disperse to the Council a subgrant in the total amount not to exceed three hundred eight thousand eight hundred forty and 00/100 dollars ($308,840.00). Of this total amount, one hundred fifty-four thousand four hundred twenty and 00/100 dollars ($154,420.00) will be from the Transit Municipal Services Taxing Unit or such other sources as may be available to the County, and one hundred fifty-four thousand four hundred twenty and 00/100 dollars ($154,420.00) will be paid from the Florida Department of Transportation Joint Participation Agreement, between the Florida Department of Transportation and the County, hereinafter referred to as the "Grant Agreement." The parties hereby acknowledge and agree that the total amount of the award to the County under the Grant Agreement is one hundred fifty-four thousand four hundred twenty and 00/100 dollars ($154,420.00) to be used to provide funding to operate improved transit service in Port St. Lucie, hereinafter called the "Project." The Council shall submit requests for payment to the County in a form acceptable to the County and in accordance wit the terms and conditions of this Agreement. 2. This First Amendment shall be effective retroactive to June 14, 2005, 3. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC. BY: SECRETARY PRESIDENT g:\atty\agreemnt\contract\la.coa.psl zones.#l.doc 2 (SEAL) FIRST AMENDMENT TO JUNE 14, 2005 SUBGRANT AGREEMENT #2 (FDOT JPA FM: 416101-1-84-01) THIS FIRST AMENDMENT, made this day of 2008, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County," and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": WITNESSESTH: WHEREAS, on June 14, 2005, the parties entered into a subgrant agreement wherein the County agreed to disburse a subgrant to the Council in the total amount not to exceed three hundred eight thousand and 00/100 dollars ($308,000.00), hereinafter referred to as the "Agreement," pursuant to the Florida Department of Transportation Joint Participation Agreement Supplement #1, hereinafter referred to as the "Grant Agreement," to be used to provide improvement transit service in Port St. Lucie; and, WHEREAS, the Agreement provided for the County's matching funds under the Grant Agreement to be funded by the County's Transit Municipal Services Taxing Unit; and, WHEREAS, it is necessary to amend the Agreement to provide for the County's matching funds under the Grant Agreement to also be funded from such other sources as may be available. NOW, THEREFORE, in consideration of the mutual benefits received by each party the parties hereby agree to amend the Agreement as follows: Paragraph I of the Agreement shall be amended to read as follows: 1. The County shall disperse to the Council a subgrant in the total amount not to exceed three hundred eight thousand and 00/100 dollars ($308,000.00). Of this total amount, one hundred fifty-four thousand and 00/100 dollars ($154,000.00) will be from the Transit Municipal Services Taxing Unit or such other sources as may be available to the County, and one hundred fifty-four thousand and 00/100 dollars ($154,000.00) will be paid from the Florida Department of Transportation Joint Participation Agreement Supplemental #1, between the Florida Department of Transportation and the County, hereinafter referred to as the "Grant Agreement." The parties hereby acknowledge and agree that the total amount of the award to the County under the Grant Agreement is one hundred fifty-four thousand and 00/100 dollars ($154,000.00) to be used to provide funding to operate improved transit service in Port St. Lucie, 1 hereinafter called the "Project." The Council shall submit requests for payment to the County in a form acceptable to the County and in accordance wit the terms and conditions of this Agreement. 2. This First Amendment shall be effective retroactive to June 14, 2005. 3. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK ATTEST: SECRETARY g:\atty\agreemnt\contract\la.coa.psl zones.92.doc BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY 114111341 MAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY COUNCIL ON AGING OF ST. LUCIE, INC. BY: 2 PRESIDENT (SEAL) AGENDA REQUEST ITEM NO. I-1 DATE: June 17, 2008 REGULAR[] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGER A. SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Change Order No. 26 to #C05-12-636, David Brooks Enterprises, Inc. Project: Phase I of the Old Clerk of Court Building Remodeling Project. BACKGROUND: See Attached Memorandum FUNDS AVAIL: 001-1930-562000-15010 (General Fund-Bldgs.)1316-1930-562000-15010 (County Capital-Bldgs.) 001-1930-562000-FE003C (Bldgs.-FEMAtins.) 1 316-1930-562000-16012 (Bldgs.) 310003-1930-562000-16012 (Bldgs.) 316-1930-662000-16014 (Bldgs.) 1 317-1930-562000-16012 (Bldgs.)1001193-1930-662000-1929 (Bldgs.-FEMA-HMG) PREVIOUS ACTION: On May 6, 2008, agenda item H, the Board of County Commissioners approved Change Order No. 25 to #C05-12-636, David Brooks Enterprises. Change Order No. 25 increased the contract sum by $279,062 for Phase I of the Old Clerk of Court Building Remodeling portion of the project RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No. 26 to #C05-12-636, David Brooks Enterprises. Change Order No. 26 will increase the contract by $160,407; the new contract sum will be $18,219,317, and increase contract time thirty- one (31) days for Phase I Old Clerk of Court Building Remodeling Project; changing the date of substantial completion to December 14, 2008. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. -.-I MISSION ACTION: CONCUR N Q�] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 DoLLdids M. Anderson Coordination/Signatures County Administrator '�`� County Attorney: �J+ Mgt. & Budget: 1 `�V Purchasing Mgr.: Originating Dep �?a Other: Other: Roger A. Shinn Finance: (Check for Copy only, if Applicable) Eff. 1197 H:\AGENDA\AGEN33A-285 DAVID BROOKS C.O. 26.DOC MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Directooi— DATE: June 17, 2008 SUBJECT: Change Order No. 26 to #C05-12-636, David Brooks Enterprises, Inc. Project: Phase I of the Old Clerk of Court Building Remodeling Project. BACKGROUND: On December 6th, 2005, the Board approved Contract No. C05-12-636, between St. Lucie County and David Brooks Enterprises for the construction of the New Clerk of Courts Building. Then on November 14 h, 2006, the Board approved Change Order No. 4R to #C05-12-636 to include construction of the downtown Chiller Plant and on December 4th, 2007, the Board approved Change Order No. 8R for the addition of Phase I construction of the Old Clerk of Court Building Remodeling project. Staff is seeking approval to incorporate the following changes into #C05-12-636 through Change Order No. 26 for Phase I of the Old Clerk of Court Remodel: • Time extension in the amount of thirty-one (31) days. • No. 77A: Cost of York control box. $ 4,785.00 GC requested reimbursement for mistakenly offering a credit twice. • No. 111.04A: Credit line stop for water service. ($ 3,268.00) GC offered credit for underground utility work on the water piping that was not required. • No. 111.07: Modifications for door and wall changes. $13,372.00 Owner/GC deleted a door, a workstation and a service window and relocated doors not shown and moved walls in conflict with exterior windows. • No. 111.08: Modifications to the west entryway. $26,939.00 Architect requested structural changes following demolition and discovery of conditions not consistent with the historical drawings of the courthouse. 1 • No. 111.09: West stair enclosure modifications. $ 8,677.00 Architect clarified design of southwest exit stair structure. • No. 111.11: Additional framing and finishing work related to the $34,784.00 elevator, lobby and bathroom changes. Architect produced series of revisions after demolition and discovery of conditions of the south elevator wall on all floors as well as the 2"d floor lobby walls and ceilings that were not structurally sound and did not meet current code. • No. 111.12R: Holding cell modifications. $39,834.00 Architect, at the request of GC, due to height restrictions and space conflicts within the holding cell areas revised several drawings and altered some work. • No. 111.13: Credit for bathroom floor modifications. ($ 3,476.00) GC & Owner requested changes to the bathroom sub -floor structures in the raised floor areas for quality and maintenance concerns resulting in a credit. • No. 111.14: Concrete holding cell benches. $ 7,047.00 Architect clarified the design of the holding cell benches. • No. 111.17: Hydraulic line for future elevator. $ 4,706.00 Owner & GC suggested installation of underground hydraulic and electrical pipe for future elevator to avoid future disruption in occupied areas. • No. 111.24R: Sound system at jury assembly. $29,164.00 Clerk/Owner requested work to install audio/video system for jury pool room mandated by Florida Statute 29.008 (f). • No. 111.26R: Second floor electrical changes. $ 9,843.00 GC's electrician requested work to wire & power jury room a/v system not shown by electrical engineer. • Delete jury monitor allowance. ($12,000.00) $160,407.00 (Please see Attachment) Change Order No. 26 will increase the contract by $160,407; the new contract sum will be $18,219,317, and increase contract time thirty-one (31) days for Phase I Old Clerk of Court Building Remodeling project; changing the date of substantial completion to December 14, 2008. 2 :HANGE ORDER ATTACHMENT 'T. LUCIE COUNTY ,ROJECT: CHANGE ORDER NUMBER: 26 lame, address) lew Clerk of Courts Building INITIATION DATE: 11-Jun-08 iowntown Chiller Plant )Id Clerk of Court Remodel -Phase I CONSULTANT'S PROJECT NO.: O (Contractor): iavid Brooks Enterprises ST. LUCIE COUNTY 000 Burma Road, #101 CONTRACT NO: C05-12-636 ,aim Beach Gardens, FL 33403 CONTRACT DATE Dec. 7, 2005 ou are directed to make the following ch es in this contract: additional sheet attached as Exhibit s No) additional sheet attached as Exhibit - Yes ) No) he original (Contract Sum) (Guaranteed Maximum Cost) was $ 11,863,000.00 let change by previous authorized Change orders $ 6,195,910.00 he (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order $ 18,058,910.00 he (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or nchanged) by this Change Order $ 160,407.00 he new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be $ 18,219,317.00 he Contract Time will be (increased) (decreased) (unchanged) by ( 31 ) Days he Date of Substantial Completion as of the date of this Change Order therefore is: C.O.C. Bldg. 2/6/2008 Chiller Plant 7/27/2008 'unds Available: Account Number (See Exhibit A) Old C.O.C. Remodel 12/14/2008 he adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment ue or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor cknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the hange Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative npacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord nd satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused irectly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. cceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable Jjustment 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 arformed under this Change Order shall be performed in accordance with the contract specifications. ONTRACTOR: APPROVED: ,avid Brooks Enterprises ontractor. 000 Burma Rd., #101, Palm Beach Gardens, FL ddress: y: ONSULTANT: dlund Dritenbas Binkley & Assoc. rchitect/Engineer Y: TTEST: Date: Date: Central Services St. Lucie County Department 2300 Virginia Avenue, Ft. Pierce, Florida 34982 Tss (0(� y: ate: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: CHAIRMAN Date: Approved as to Form and Correctness: DEPUTY CLERK County Attorney EXHIBIT A David Brooks Enterprises, Inc. Contract #C05-12-636 Funding for the construction of the New Clerk of Courts Building, Downtown Chiller Plant and Phase I of the Old Clerk of Court Remodel • 001-1930-562000-15010 (General Fund-Bldgs) 316-1930-562000-15010 (County Capital-Bldgs) 316-1930-562000-16012 (Buildings) 316-1930-562000-16014 (Buildings) 310003-1930-562000-16012(Buildings) 317-1930-562000-16012 (Buildings) • 001-1930-562000-FE003C (Bldg s-FEMA/Ins.) 001193-1930-562000-1929 (Bldg s.-FEMA-HMG) EXHIBIT B ST. LUCIE COUNTY CLERK OF COURTS OFFICE BUILDING CLERK REMODEL WORK CHANGE ORDER NO. 26 SUMMARY 5-Jun-08 Item P.C. No. No. Description Price Days 1 77A Add Cost of York Control Boxes Credited Twice $4,785 2 111.04A Credit Line Stop ($3,268) 3 111.07 Door and Wall Changes $13,372 2 4 111.08 West Entryway $26,939 5 5 111.09 Structure for Egress $8,677 3 6 111.11 Elevator / Bath / Lobby Rated Walls $34,784 7 7 111.12R Sloped Floors / Stucco Ceilings @ Holding Cells $39,834 7 8 111.13 Bathroom Floor Changes ($3,476) 9 111.14 Concrete Holding Cell Benches $7,047 10 111.17 Hydraulic Elevator Line Stop $4,706 11 111.24R Sound System @ Jury Assembly $29,164 12 111.26R Second Floor Electrical Changes $9,843 7 13 Delete Jury Monitor Allowance $12,000) TOTALS $160,407 31 05/23/2008 10:36 5616269980 DAVID BROOKS ENT EAGE-014 8 Pc-1-9 1/1 2� Qoks G N T E 1 r R 1 5 E s 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 May 23, 2008 Mr. Greg White Fax: (772) 462-1444 St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Building Deleted York Control Boxes — Credit Given Twice Pending Change No. 77A Dear Greg: As we have discussed, the deleted York control boxes yielded a credit to the contract which was mistakenly processed twice, once as part of change order no. 9 and again as part of change order no. 22. In order to rectify this error it will be necessary to add back the sum of Four Thousand Seven Hundred Eighty Five Dollars (54.786.00). I have attached copies of the two change order credits previously processed for your review. Let me know if you have questions or need to discuss this further. I apologize for the error and regret any problem it may have caused you. Thank you, ACCEPTED: David Brooks Enterprises, Inc. St_ Lucie County l By: Date: D�d.rs President Print Name / Title Cc Paul Dritenbas EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clenc of Cou"slPumling ChnnW%P.C. S77A.60c General Contractors a Construction Management 05/23/2008 10:36 5616269980 DAVID BROOKS ENT ST. LUCIE COUNTY CLERK OF COURTS OFFICE BUILDING CHANGE ORDER NO.22 SUMMARY 25-Jan-07 P.C. No. Description Price Days 77 Delete York Control Boxes ($4,785) 87 Aluminum Cowls $1,945 103 Window as Demountable Partition $735 104 Added Rarne & Curbs $6,624 106 Elevator Programming $1,737 107 Added Pipe Bollards $1 032 108 Contract Time Extension $0 170 days Chiller 20 days Remodel 110 Comer Guards $540 Conbngena Allowance $7,680 .Adjust General Credit $149 TOTALS $0 170 - Chiller 20 - Remodel r ,I i oks E N TERPRISES 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 May 20, 2008 Mr. Greg White Fax: (772) 462-1444 St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Remodel New DDC / Water Service — Credit for Line Stop Pending Change No. 111.04A Dear Greg: Change order no. 25 included costs for adding a line stop to the water service line on the referenced project. It was ultimately determined that a valve exists in the line making a line stop unnecessary. Because of the location of the valve, some excavation and backfill work was required that was not originally anticipated. In order to square pricing, it is necessary to credit the cost of the line stop and add the cost of the excavation and backfill work. The net price credit realized in the described transaction is Three Thousand Two Hundred Sixty Eiaht Dollars ($3,268.00). Let me know if you have questions regarding this or if I can be of further assistance. Sincerely, ACCEPTED: David Brooks ris C. St. Lucie County ( l David Brooks By: Date: President Print Name / Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:1CIerk of CourtsTending ChangesW.C. # 111.04A.doc General Contractors • Construction Management ESTIMATE RECORD Date: 041141Os David Brooks Enterprises, Inc. Project Clerk of Court Remodel Page: 1 1 P.C. # 111.04A - Credit Line Stop I Add Excavation Prepared by: RW Detaill Sheet Description Unit Quantity Labor Unit Total Labor Material Unit Material Total Subc trad Unit Submnbad Total Total Cost ($3,780) Credit for Line Stop LS 1.00 $0 $0 ($3,780) ($3,780) Added Excavation & Backfill LS 1.00 $0 $0 $995 $995 $995 $0 $0 ($2,785) ($2,785) Sales Tax % 6.00 nd. ind. $0 $0 ($2,785) ($2,785) $0 $0 ($418) ($418) G.C. Mark -Up % 15.00 Bonds & Liability Insurance % 2.000 ($65) c 5/25 AMOkS R P R I S E S 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 May 19, 2008 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Remodel Door & Wall Changes Pending Change No. 111.07 Dear Greg: Fax: (772) 462-1444 We have developed a price proposal for performing the modifications as outlined in your March 20 narrative and accompanying sketch for proposed modifications on the 2"d floor. The net price for the work as outlined in the attached documentation is Thirteen Thousand Three Hundred Seventy Two Dollars ($13.372.00). We also request that a time extension be granted in the amount of two (2) calendar days as an impact from this work. Please note that we are using allowance figures for hardware material ($1,500) and electrical work ($1,000) pending final design information. Please review the attached backup information and let me know if you have questions regarding this or if I can be of further assistance. Sincerely, ACCEPTED: David Brooks Enterprises, Inc. St. Lucie County Qv' * s 1(9 David Brooks By: Date: President I Print Name / Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File YACIerk of CourtsTending ChangesT.C. # 111.07.doc General Contractors • Construction Management ESTIMATE RECORD Date: 04/14/08 David Brooks Enterprises, Inc. Project: Clerk of Court Remodel Page: 1 or 1 P.C. # 111.07 • Door I Wall Changes @ SherlRa Civil a Warral" Prepared by: RW MA/1 Labor Total Material Material Subcontract Subcontract Total Sheet Description Unit QuantityUnit Labor Unit Total Unit Total Cost Drywall and Framing LS 1.00 $0 $0 $1,709 $1,709 $1,709 Doors LS 1.00 $0 $975 $975 $0 $975 Hardware allowance LS 1.00 $0 $0 $1,500 $1,500 $1,500 Windows LS 1.00 $0 $0 $400 $400 $400 Supervision LS 40.00 60.00 $2,400 $15 $600 $0 $0 $3,000 Trim Carpentry LS 1.00 500.00 $500 $500 $500 $0 $0 $1,000 Clean-up LS 1.00 500.00 $500 $0 $0 $0 $500 D/H installation LS 2.00 125.00 $250 $25 $50 $0 $0 $300 Painting LS 1.00 0.00 $0 $0 $500 $500 $500 Dumpster LS 1.00 0.00 $0 $350 $350 $0 $0 $350 Misc. Electrical Change Budget LS 1.00 0.00 $0 $0 $1,000 $1,000 $1,000 Exclusions: Electrical, Ceilings We reserve the right to time extensions and general conditions Reference: RFI# 461 dwg $3,650 $2,475 $5,109 $11,234 Sales Tax % 6.50 $161 $161 $3,650 $2,636 $5,109 $11,395 $548 $395 $766 $1,709 G.C. Mark -Up % 15.00 Bonds & Liability Insurance % 2.000 $266 $13,372 rc�5 C- -7 /2- 5 • E N T ERPRISES 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 fax: 561.626.9980 May 19, 2008 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Remodel West Entry Modifications Pending Change No. 111.08 Dear Greg: Fax: (772) 462-1444 We offer to perform the modifications to the west entry in compliance with the architect's response to RFI #'s 1 and 18 and as indicated on drawings A-15A, A-23 and A023A. The net price for the work as outlined in the attached documentation is Twenty Six Thousand Nine Hundred Thirty Nine Dollars ($26,939.00). We also request that a time extension be granted in the amount of five (5) calendar days as an impact from this work. Please review the attached backup information and let me know if you have questions regarding this or if I can be of further assistance. Sincerely, David Brooks Enterprises, Inc. David Brooks President ACCEPTED: St. Lucie County By: Date: Print Name / Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File YACIerk of CourtsWending ChangesT.C. # 111.08.doc General Contractors a Construction Management ESTIMATE RECORD I Date: 04/14/08 David Brooks Enterprises, Inc. Project: Clerk of Court Remodel Page: 1 of 1 P.C. # 111.08 - West Entry Prepared by RW Detail/ Sheet Description Unit Quantity Labor I Unit Total Labor Material Unit Material Total Subco-- Unit I Subconlrect Total _ Total Cost $1,480 Masonry LS 1.00 $0 $0 $1,480 $1,480 Painting LS 1.00 $0 $0 $295 $295 $295 Stucco facia LS 1.00 $0 $0 $2,150 $2,150 $2,150 SOG for landing, CMU walls LS 1.00 $0 $0 $3,037 $3,037 $3,037 Demolition LS 1.00 $0 $0 $2,500 $2,500 $2,500 Glass & Glazing changes LS 1.00 $0 $0 ($5,500) ($5,500) ($5,500) Roofing LS 1.00 $0 $0 $4,714 $4,714 $4,714 Struct alum framing & railings LS 1.00 $0 $0 $9,780 $9,780 $9,780 Insulation LS 1.00 $0 $0 $1,500 $1,500 $1,500 Supervision LS 40.00 60.00 $2,400 $15 $600 $0 $0 $3,000 Exclusions: Pavers, Landacpe & Irrigation We reserve the right for time extg. and general conditions Reference: RFI# 1 & 18 A-15A, 23 (2/26/08) / A23A $2,400 $19,956 $22,956 Sales Tax % 6.00 incl. $2,400 $19,956 $22,956 $360 jincl $2,993 $3,443 G.C. Mark -Up % 15.00 Bonds & Liability Insurance % 2.000 $540 $26,939 f a5c q /25 Ai OOks E N T E R P R I S E S 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 May 20, 2008 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Remodel West Stair Enclosure Modifications Pending Change No. 111.09 Dear Greg: Fax: (772) 462-1444 MAY 2 -7 2 2048 __ FN ER vio 8 r `� t sfhr cy Drawing A-23B indicates modifications to the west stair enclosure on the referenced project. The net price for the work as outlined in the attached documentation is Eight Thousand Six Hundred Seventy Seven Dollars ($8.677.00). We also request that the contract time be increased by three (3) calendar days in order to account for this work. Please review the attached backup information and let me know if you have questions regarding this or if I can be of further assistance. Sincerely, ACCEPTED: David Brooks E inter rises, Inc. St Lucie County David Brooks By: President Print Name ! Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File YACIerk of CourtslPending ChangesT.C. # 111.09.doc General Contractors • Construction Management - Q5e iv/5 ESTIMATE RECORD I Date: 05/21/08 David Brooks E terprises, Inc. Project: Clerk of Court Remodel Page: 1 or 1 P.C. # 111.09 -Stair Enclosure Prepamd by: RW Detailf Labor Total Material Material Subcontract subcontract Total Sheet Description Unit Quantity Unit Labor Unit Total Unit Total Cost Concrete LS 1.00 $0 $0 $0 $0 Masonry LS 1.00 $0 $0 $0 $0 Stutxo LS 1.00 $0 $0 $3,200 $3,200 $3,200 Roofing LS 1.00 $0 $0 $2,437 $2,437 $2,437 Waterproofing LS 1.00 $0 $0 $807 $807 $807 Supervision LS 8.00 60.00 $480 $15 $120 $0 $600 Dumpster LS 1.00 $0 $350 $350 $0 $350 Exclusions: We reserve the right to time ext. and general conditions Refernce: Drawing A-23B $480 $470 $6,444 $7,394 Sales Tax % 6.00 incl. ind. $480 $470 $6,444 $7,394 $72 $71 $967 $1,109 G.C. Mark -Up % 15.00 Bonds & Liability Insurance % 2.000 $174 $8,677 TQq:!� 11 / 25 6!7 T ks E ROP RR 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 May 20, 2008 Mr: Greg White Fax: (772) 462-1444 St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Remodel Elevator Lobby / Bathroom Changes Pending Change No. 111.11 Dear Greg: The responses to RFI's # 3,15 and 53 as well as drawing revisions A-6 (1/10/08), A-7 (2/26108), plus the April 9 revision of drawings A-2, A-7, A-9, A-13, A-18, ID-2 and SP-2 require the addition of framing and finishes work to the referenced project. The net price for the work as outlined in the attached documentation is Thirty Four Thousand Seven Hundred Eighty Four Dollars ($34,784.00). We also request that the contract time be increased by seven (7) calendar days in order to account for this work. Please review the attached backup information and let me know if you have questions regarding this or if I can be of further assistance. Sincerely, ACCEPTED: D vid BTo Ent ses, Inc. St. Lucie County 1 David Brooks By: Date: President Print Name / Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File YACIerk of CourtsVPending ChangesT.C. # 111.11.doc General Contractors • Construction Management `Fade 12/ 25 ESTIMATE RECORD Date: 04/14/08 David Brooks Enterprises, Inc. Project: Clerk of Court Remodel Page: 1 of 1 P.C. # 111.11 -Lobby walls @ elevator 6 Misc. lobby cha Prepared by: RW DeteiU Sheet Description Unit QuantityUnit Labor Total Labor Material Unit Material Total Subomtract Unit Subcontract Total Total Cost Masonry LS 1.00 $0 $0 $8,940 $8,940 $8,940 Demolition LS 1.00 $0 $0 $8,750 $8,750 $8,750 Framing & Drywall LS 1.00 $0 $0 $4,701 $4,701 $4,701 Painting Budget LS 1.00 $0 $0 $1,000 $1,000 $1,000 Marble allowance LS 1.00 $0 $0 $5,000 $5,000 $5,000 Supervision LS 8.00 60.00 $480 $15 $120 $0 $0 $600 Dumpster LS I.00 $0 $350 $350 $0 $0 $350 Layout LS 4.00 60.00 $240 $15 $60 $0 $0 $300 Exclusions: Any work Inside of elevator shaft We reserve the right for time ext and general conditions Reference Docs: RFI#3, 15, 53 A6 (1/10/08) / A7 (2/26/08), A-2, A-7, A-9, A-13, ID-2, SP2, AA8 dated 4-MB $720 $530 $28,391 $29,641 Sales Tax % 6.00 ind. incl. $720 $530 $28,391 $29,641 $108 $BO $4,259 $4,446 G.C. Mark -Up % 15.00 Bonds 8 Liability Insurance % 2.000 $697 $34,784 r 06/06/2008 09:57 5616269980 DAVID BROOKS ENT P.G 8±74 r P r i 9oks E N r E a r it i s e 5 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 June 5, 2008 Mr. Greg White Fax: (772) 482-1444 St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Remodel Holding Cell Modifications Pending Change No. 111.1211 — REVISED Dear Greg: The responses to RFI's # 7, 19, 19R and 45 as well as drawing revisions A-6, A-17 and ID-1 indicate modifications to the holding cell area on the first floor of the referenced project. We are submitting revised pricing to the referenced change proposal in order to reflect the plumbing fixtures as actually ordered and furnished as well as deleting the charge for two access panels not needed. The net revised price for the work as outlined in the attached documentation is Thirty Nine thousand Eight Hundred Thirty Four Dollars ($39.834.00). We also request that the contract time be increased by seven (7) calendar days in order to account for this work. Please review the attached backup information and let me know if you have questions regarding this or if I can be of further assistance_ Sincerely, David Brooks Enterprises, Inc. David Brooks President ACCEPTED: St. Lucie County By: Date: Print Name / Title Cc Paul Dritenbas, EDB (Fax. 772-569-9208) Rick Wilhelm, DBE File rAcienc of Coudawendmy chnngaaw.C. s 111.12R.doc General Contractors a Construction Management n / n 06/06/2008 09:57 5616269980 DAVID BROOKS ENT P:+� 6rrr� �j�� i vZ ESTIMATE RECORD Date: QOM De. REVISED btiiN�l %ifj�il `rrtar .. Pro)acr Clerk of C_ou__I Remodel Pane: 1 m 1 Ct"wo" In a6 Cana I PMpaMd *. Pe Leber Total Material Material Su om*rct &bwnkad_ TOWShad on Unit Q Unit Labor Unit Tot91 Unit Total _ Cost DeleteTecken Framing & Panels SF 1,190.00 $0 $0 ($3.50) (54,105) ($4,165) Stucco Cel ing% LS 1.00 $0 $0 $10.335 $10,335 $10,335 Light Fixtures LS 1.00 $0 SO $3,058 $3.058 $3,058 Concrete Curb LS 1.00 $O SO $918 $918 $918 Structural framing for soffit LS 1.00 $o SO $9,675 $9,575 $9.675 Parnm #mnelpons, LS 3.00 50.00 $150 $311 $933 $0 $0 $1,083 Plumbing fixture change EA 3_DO $0 $0 $2,223 $6,669 $8,669 Access Panel% Fla 0.00 50.00 s0 $0 $400 $0 $0 Supatvlslon LS 40.00 t30.OD $2,400 $15 S800 $0 SO $3,000 Dumpsler LS 2.00 So $360 $7DO $0 $D $700 Firespray patch LS 1.00 $0 $0 $500 $500 $500 Stab Demolition LS 212.00 6.00 $1,272 $2 $424 $O $1,08 Added polished block LS 1.00 0,00 $0 $0 NC SO $0 Celum acoe%s door LS 1.00 75.DO $75 $400 $400 $0 $475 Exclualons: Eloctronle, hdwr, aoceas control Detention hd*r., cabinetry Mk) resorvo the right to time extension and general conditions NOTF: Polished block removed from tunnel and Installed In )all area at no am RNerence: RFl# 7,19 S 19R, 45 AS, 17, ID-1 $3,eg7 $3,057 $26,990 $33,944 Sales Tax % 6-DO Incl. Ind. $3,897 $3.067 $26,990 $33.944 $585 $459 $4,049 $5,092 G.C. Mark -Up % 1S.00 Bonds & Liability Inwmnoe % 2.,000 3798 - �39,834 T05e 15/25 OOkS E N T E R P R I S E S 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 May 20, 2008 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Remodel Bathroom Floor Modifications Pending Change No. 111.13 Dear Greg: Fax: (772) 462-1444 D MAY 22 2008 d: M We offer to furnish and install insulated concrete in lieu of the laticrete system over raised flooring in the bathroom areas (ref. EDB sketch dated 4-10-08) for a net credit to the contract price of Three Thousand Four Hundred Seventy Six Dollars 1$3,476.00). Please review the attached backup information and let me know if you have questions regarding this or if I can be of further assistance. Sincerely, David Brooks Etn r rises, Inc. David Brooks President ACCEPTED: St. Lucie County By: Date: Print Name / Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File YACIerk of CourtsWending ChangesT.C. # 111.13.doc General Contractors 9 Construction Management %5-e its/25 ESTIMATE RECORD Date: 04/14108 David Books Enterprises, Inc. Project: Clerk of Court Remodel Page: 1 a 1 P.C. # 111.13 -Changes to bathroom floors Prepared by. RW DeWitt Sheet Description Unit Quantity Labor Unit Total Labor Material Unit Material Total subcontract Unit Subcontract Total Total Cost ($7,254) Delete access flooring LS 1.00 $0 $0 ($7,254) ($7,254) Add rigid foam insul and conc topping LS 1.00 $0 $0 $6,078 $6,078 $6,078 Delete latecrete system LS 1.00 $0 $0 ($2,300) ($2,300) ($2,300) Exclusions: We reserve the right for time ext and general conditions Reference: EDB sketch dated 4-10-08 $0 $0 ($3,476) ($3,476) Sales Tax % 6.00 Incl. ind. $0 $0 ($3,476) ($3,476) $0 $0 G.C. Mark -Up % Bonds & Liability Insurance % Ll �5C 0 /z5 • ENTERPRISES 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 May 20, 2008 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Remodel Concrete Jail Benches Pending Change No. 111.14 Dear Greg: Fax: (772) 462-1444 MAY 2 2 2008 fit,; 111,, We offer to furnish and install concrete benches in the holding cells in conjunction with the architect's response to R.F.I. # 17 for a net increase in the contract price of Seven Thousand Forty Seven Dollars ($7.047.00). Please review the attached backup information and let me know if you have questions regarding this or if I can be of further assistance. Sincerely, David Brooks Enter rises, Inc. 1 \ David Brooks President ACCEPTED: St. Lucie County By: Date: Print Name / Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File YAClerk of CourtsTending ChangesT.C. # 111.14.doc General Contractors • Construction Management ESTIMATE RECORD Date: 05/21/08 David Brooks Enterprises, Inc. Project: Clerk of Court Remodel Page: 1 of 1 P.C. # 111.14- Concrete jail benches I Prepared by MY I DetaiU Labor Total Material Material subcontract subcontract Total Sheet Description Unil Quantity I Unit Labor Unit Total Unit Total Cost $4,405 Concrete LS 1.00 $0 $0 $4,405 $4,405 Masonry LS 1.00 $0 $0 $1,200 $1,200 $1,200 Reber filled cell LS 1.00 $0 $400 $400 $0 $0 $400 Exclusions: We reserve the right to time &A and general conditions $0 $400 $5,605 $6,005 Sales Tax % 6.00 incl. ind. $0 $400 $5,605 $6,005 $0 $60 $841 $901 G.C. Mark -Up % 15.00 Bonds & Liability Insurance % 2.000 $141 $7,047 I T_ ig / Z5 Ooks E N T E R P R I S E S 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561,626.9960 Fax: 561.626.9980 May 20, 2008 Mr. Greg White Fax: (772) 462-1444 St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Remodel Hydraulic Line for Future Elevator Pending Change No. 111.17 Dear Greg: We offer to furnish and install a hydraulic line for the proposed future elevator on the referenced project for a net price of Four Thousand Seven Hundred Six Dollars ($4.706.00). Please review the attached backup information and let me know if you have questions regarding this or if I can be of further assistance. Sincerely, id Brooks En ises, Inc. David Brooks President ACCEPTED: St. Lucie County By: Date: Print Name / Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File YACIerk of CourtsTending ChangesT.C. # 111.17.doc General Contractors • Construction Management CL-Zo/Zf5 ESTIMATE RECORD Date: 04114/08 David Brooks Enterprises, Inc. Project: Clerk of Court Remodel Page: t or 1 P.C. # 111.17- Future hydraulic lima for elevator Prepared by: aw- Detaiv Labor Total Material Material Subcontract subcontract Total Sheet Description Unit Quantity I Unit Labor Unit Total Unit Total Cost Hydraulic line LS 1.00 $0 $0 $3,010 $3,010 $3,010 Demo and replacement LS 1.00 $0 $1,000 $1,000 $0 $0 $1,000 Exclusions: We reserve the right to time extension and general conditions $0 $1,000 $3,010 $4,010 Sales Tax % 6.00 inc1. ind. $0 $1,000 $3,010 $4,010 $0 $150 $452 $602 G.C. Mark -Up % 15.00 Bonds & Liability Insurance % 2.000 $94 $4,7na 06/05/2006 08:56 5616269980 DAVID BROOKS ENT ';�y 21125 Ilk 0k 0 ENT E R P R I! i S 9000 Burma Road, Suite 101 Palm Beath Gardens, FL 33403 561.626.9960 Fax: 561.626.99B0 June 4, 2008 Mr. Greg White Fax: (772) 462-1444 St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Remodel Sound System at Jury Assembly Pending Change No. 111.24R - REVISED Dear Greg: We have revised the price for furnishing and installing a sound system in the Jury Assembly room to reflect Peerson Audio's revised quote dated June 4, 2008. The new price for this work is now Twenty Nine Thousand One Hundred Sixty Four Dollars ($29.16_4A_O). Please review the attached backup information and let me know if you have questions regarding this or if I can be of further assistance. Sincerely, ACCEPTED: David Brooks Enterprises, Inc. St. Lucie County 1 David Brooks By: Date: President Print Name / Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:1CIerk of Cou11sTending ChangenW.C. A 111.24Rdot General Contractors • Construction Management 06/05/200B 0B:56 5616269980 DAVID BROOKS ENT ESTIMATE RECORD oate: nano a REVISED --T-r.----:-: •-^.--• ,�-•g�,��j;,�j�ygr.l�,..� ..: Proiari Clerk of Court Remodel Page: 1 or 1 P_C. n 111.44R - Sound s"In Injury asssm PMW$d ar RW Tow Material Labor shamUnR Q Unit , Labor ,Matarlal, Unit Tok Total Coat LS 1.00 $0 $0 fS24,851 $24.851 S24.851 sound System (Pemson Audlo Rea. 614108) Exclusbns: Sp SO $24,951 $24,851 Sales Tax % 6.00 ind• ind. S0 $0 $24,651 $24,551 $0 $0 S3,728 S3,728 G.C. Mark -Up % 15.00 Bonds & Llablft In9uranm % 2.000 $584 $2911" 06/06/2008 09:57 5616269980 DAVID BROOKS ENT 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 June 5, 2008 Mr. Greg White Fax: (772) 452-1444 St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Remodel Electrical Revisions Pending Change No. 111.26R -REVISED Dear Greg: Revised drawings E2 and E3 (Rev. 4/16/08) and E4 (Rev. 4/18/08) indicate several miscellaneous electrical modifications that impact the price of the work. The revised net price for the changes (as outlined in the attached revised proposal from Fastrac dated 6/5/08) is Nine Thousand Eight Hundred Forty Three Dollars 39,843.00). We also request that the contract time be increased by seven (7) calendar days in order to accommodate these changes. Please review the attached backup information and let me know if you have questions regarding this or if I can be of further assistance_ Sincerely, ACCEPTED: Ad Brooks Ente rises, Inc. St Lucie County 1 David Brooks By: Date: President Print Name / Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\cierk of courtsTondlnq Changa&lP.C. f 111.25R_doc General Contractors 0 Construction Management 06/06/2008 09:57 5616269980 DAVID BROOKS ENT ESTIMATE RECORD Data: 0 Rvg0Q 89YOW. F1DeEl)! �iiCififiNtr4i1(iiti3 Project Clerk of Court Remodel Papa, 10111 P.C. S 111.2iR -Mime. Elaetr wl RovMlons Lmdbr. RW p, p Labor Total Material Material ..Sub—"q_ . subm*p.... ... Tatzrl Shea p _. ...._.. .. Unit Qu6-' . Unit Labor Unli Total Unit Tolat Cost Elechk=1Moci lalbns LS 1.00 $0 So $8,388 $8.388 $8,388 Ref, FaShic GOP12R2 Rrv.gs. E2. E3 & E7 (4116MR) Excluslons: We reserve the right to time oxt and gonralconAlNons $p $0 $8,388 $8,388 Sales Tax °h B.00 inol. WO• y0 s0 $8,388 $8,388 So So $1,258 $1.258 G.C. Mark -Up % 1s,oG Bonds & Liability Insurance: % 20D0 $197 ss,s 13 "'Rcr— 25/05 | 0E/?7//7/2�7$/i}}# ; ;77�|,,,,,;;$,;„ ■',i 22222,.22,, !#.�,,,.!t1!Z ., a | �■2&#■!#■■|r■rFF.b■!-� ; § ! g§�-§,®--®{«®� ] - � �k - �# 0 2-- | 2 k � s ■� � �».§k )m \� [, - � � ) ■ . .\k31 ■ : \ Sm . « - k k\§ ; ' � � ; § _■ ■�; , 21 ' �CDM0 ■\- 7 2$8 t 2 � } N AGENDA REQUEST ITEM NO. I-2 DATE: June 17, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGER A. SHINN SUBMITTED BY (DEPT): CENTRAL SERVICES DIRECTOR SUBJECT: Change Order No. 27 to #C05-12-636, David Brooks Enterprises, Inc. Project: Construction of the downtown Chiller Plant and addition of the Sally Port Extension BACKGROUND: See Attached Memorandum FUNDS AVAIL: 001-1930-562000-15010 (General Fund-Bldgs.) / 316-1930-562000-15010 (County Capital- Bldgs.) 001 -1 930-562000-FE003C (Bldgs.-FEMA/Ins.) / 316-1930-562000-16012 (Bldgs.) 310003-1930-562000- 16012 (Bldgs.) 316-1930-562000-16014 (Bldgs.) / 317-1930-562000-16012 (Bldgs.) / 001193-1930-562000-1929 (Bldgs.-FEMA-HMG) FUNDS WILL BE MADE AVAIL: 001-1930-562000-16014 (General Fund-Bldgs.) PREVIOUS ACTION: On May 6, 2008, agenda item H, the Board of County Commissioners approved Change Order No. 25 to #C05-12-636, David Brooks Enterprises. Change Order No. 25 increased the contract sum by $279,062 for Phase I of the Old Clerk of Court Remodel portion of the project. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No. 27 to #C05-12-636, David Brooks Enterprises. Change Order No. 27 will: 1) Incorporate the Sally Port Extension, at a cost of $71,515, into the scope of work for #C05-12-636. The $71,515 will be funded from the sale of the Sheriff's Office helicopter. 2) Incorporate additional changes for the Chiller Plant. 3) Increase the contract by $63,025; the new contract sum will be $18,282,342. 4) Increase contract time forty-five (45) days for the Chiller Plant and Sally Port Extension; changing the date of substantial completion to September 10, 2008. Staff further recommends the Board authorize the Chair to siqn the Change Order as Dreoared by the County Attorney. MISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Coordinatio-, .�iyuo�.uica County Attorney; ���� � Originating Deptf� �f» Finance: (Check for Copy only, if Applicable) Mgt. & Budget: Other: CONCURREN Douglag M. Anderson County Administrator Purchasing Mgr.: Other: Eff. 1197 H:\AGENDA\AGENDA-286 DAVID BROOKS C.O. 27.DOC MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, DirectAA, DATE: June 17, 2008 SUBJECT: Change Order No. 27 to #C05-12-636, David Brooks Enterprises, Inc. Project: Construction of the downtown Chiller Plant and addition of the Sally Port Extension BACKGROUND: On December 61h, 2005, the Board approved Contract No. C05-12-636, between St. Lucie County and David Brooks Enterprises for the construction of the New Clerk of Courts Building. Then on November 14 , 2006, the Board approved Change Order No. 4R to #C05-12-636 to include construction of the downtown Chiller Plant and on December 4th, 2007, the Board approved Change Order No. 8R for the addition of Phase I construction of the Old Clerk of Courts Remodel project. Staff is seeking approval to incorporate the following changes into #C05-12-636 through Change Order No. 27 (See Attachment): Part A -Chiller Plant • No. 52.25: Added generator circuits. $ 3,374.00 Engineer requested additional work for generator engine block heaters, armature heaters and battery chargers. • No. 52.26: Chiller Plant platform. $ 5,231.00 Owner requested platform to ease access to cooling tower for maintenance. • No. 52.28: Additional control valves. $12,383.00 Owner, with recommendation of engineer, requested additional valves to enhance the automation and efficiency of the condenser water pumps. See attached OCI letter dated May 20, 2008. • No. 52.29: Ladder and handrails for chiller. $ 3,153.00 Mechanical contractor and Owner requested relocation of ladder due to conflict with the buildings structural support. • No. 52.30: Additional intake louver. $ 3,263.00 Mechanical contractor requested an alternate louver due to $27,404.00 height restriction of structural support. 1 Part B-Sally Port Extension $71,515.00 • No. 52.24: This portion will include additional work associated with extending the length of the existing sally port. The sally port is connected to the Courthouse and through #C05-12-636, David Brooks Enterprises has completed preliminary work on the sally port. Owner requested work continue vertically to accommodate the Sheriffs bus and allow it to be secured in the "extended" sally port and to save future construction costs. • The $71,515 will be funded from the sale of the Sheriffs Office helicopter. Part A & B Combined Expenses: • A: Chiller Plant-#52.24,52.25,52.26,52.28,52.29,52.30: $27,404.00 • A: Chiller Plant -delete balance of utility connection allowance: ($11,093.00) • A. Chiller Plant -delete fire alarm system allowance ($15,000.00) • A: Chiller Plant -delete balance of chilled H2O service allowance: ($ 7,301.00) • A: Chiller Plant -delete signage allowance: ($ 2,500.00) • B: Sally Port Extension: $71,515.00 $63,025.00 Through Change Order No. 27 to #C05-12-636, David Brooks Enterprises, staff is seeking the Board's approval to: 1) Incorporate the Sally Port Extension at a cost of $71,515. The $71,515 will be funded from the sale of the Sheriffs Office helicopter. 2) Incorporate additional changes for the Chiller Plant. 3) Increase the contract by $63,025; the new contract sum will be $18,282,342. 4) Increase contract time forty-five (45) days forthe Chiller Plant and Sally Port Extension; changing the date of substantial completion to September 10, 2008. 2 MANGE ORDER F ATTACHMENT --, J. LUCIE COUNTY ROJECT: CHANGE ORDER NUMBER: 27 iame, address) lew Clerk of Courts Building INITIATION DATE: 4-Jun-08 lowntown Chiller Plant lid Clerk of Court Remodel -Phase I CONSULTANT'S PROJECT NO.: O (Contractor): javid Brooks Enterprises ST. LUCIE COUNTY 000 Burma Road, #101 CONTRACT NO: C05-12-636 ,alm Beach Gardens, FL 33403 CONTRACT DATE Dec. 7, 2005 ou are directed to make the following chap es in this contract: 4dditional sheet attached as Exhibit A -<&s No) additional sheet attached as Exhibit B <Ees No) 'he original (Contract Sum) (Guaranteed Maximum Cost) was $ 11,863,000.00 let change by previous authorized Change orders $ 6,356,317.00 'he (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order $ 18,219,317.00 'he (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or nchanged) by this Change Order $ 63,025.00 'he new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be $ 18,282,342.00 'he Contract Time will be (increased) (decreased) (unchanged) by **(45 ) Days 'he Date of Substantial Completion as of the date of this Change Order therefore is: C.O.C. Bldg. 2/6/2008 — Chiller Plant 9/10/2008 'unds Available: Account Number (See Exhibit A) Old C.O.C. Remodel 11/13/2008 he adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment ue or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor cknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the :hange Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative npacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord nd satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused irectly 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 djustment 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 erformed under this Change Order shall be performed in accordance with the contract specifications. :ONTRACTOR: )avid Brooks Enterprises ,ontractor.- 1000 Burma Rd., #101, Palm Beach Gardens, FL Iddress: sy: :ONSULTANT: :dlund Dritenbas Binkley & Assoc. vchitect/Engineer !y: kTTEST: Date: Date: APPROVED: Central Services St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, Florida 34982 Ad ss �a(�U By: ate. AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: CHAIRMAN Date: Approved as to Form and Correctness: DEPUTY CLERK County Attorney EXHIBIT A David Brooks Enterprises, Inc. Contract #C05-12-636 Funding for the construction of the New Clerk of Courts Building, Downtown Chiller Plant and Phase I of the Old Clerk of Court Remodel • 001-1930-562000-15010 (General Fund-Bldgs) • 316-1930-562000-15010 (County Capital-Bldgs) • 316-1930-562000-16012 (Buildings) • 316-1930-562000-16014 (Buildings) • 310003-1930-562000-16012(Buildings) • 317-1930-562000-16012 (Buildings) • 001-1930-562000-FE003C (Bldgs-FEMA/Ins.) • 001193-1930-562000-1929 (Bldgs.-FEMA-HMG) EXHIBIT B ST. LUCIE COUNTY CLERK OF COURTS OFFICE BUILDING CLERK CHILLER PLANT WORK CHANGE ORDER NO. 27 SUMMARY 22-May-08 Item P.C. No. No. Description Price Days 1 52.24 Sallyport Extension $71,515 45 2 52.25 Added Generator Circuits $3,374 3 52.26 Chiller Plant Platform $5,231 4 52.28 Additional Control Valves $12,383 5 52.29 Ladder & Handrails for Chiller $3,153 6 52.30 Additional Intake Louver $3,263 7 Delete Balance of Utility Connection Allowance ($11,093 8 Delete Fire Alarm System Allowance ($15,000 9 Delete Balance of Chilled H2O Service Allowance ($7,301) 10 Delete Si na a Allowance ($2,500) TOTALS $63,025 45 11111itt OOkS T E R P R I S E S 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 May 10, 2008 Mr. Greg White Fax: (772) 462-1444 St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Office Building Chiller Plant — Sally Port Extension Pending Change No. 52.24 Dear Greg: We offer to perform the additional work associated with extending the length of the Sally Port in accordance with EDB drawing A-13A dated 4/7/08 for a net price increase to the contract of Seventy One Thousand Five Hundred Fifteen Dollars ($71.515.00). We also request that the contract time be increased by days. Please note that we are including the following adjustable allowances in the quoted price. A subsequent change order will need to be processed adjusting to actual costs once known. • Granite Removal $15,000 • Electrical Work $ 5,000 • Contingency $10,000 Please review the attached information and let me know if you have questions or require anything else. Thank you, David Brooks Enter ' s, Inc. I David Brooks President ACCEPTED: St. Lucie County By: Date: Print Name / Title Cc Paul Dritenbas EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File YACIerk of CourWftnding Changes\P.C. #52.24.doc General Contractors • Construction Management 'j�b� Z % 19 ESTIMATE RECORD Date: 03/26/08 David Brooks Enterprises, Inc. Project: Clerk of Courts Office Building Page: 1 of 1 P.C. # 52.24 - Salty Port Extension - Chiller Bldg P2p-d by: QB Labor Total Material Material sutmnmact Subcontract Total Detai ...._ s� _ -_.. .._.. __._---- DescriptionUnit QuantityUnit Labor Unit I Total Unit Total Cost Concrete Work LS 1.00 $0 $0 $9,738 $9,738 $9,738 Roofing LS 1.00 $0 $0 $5,035 $5,035 $5,035 Painting LS 1.00 $0 $0 $1,300 $1,300 $1,300 Mary LS 1.00 $0 $0 $3,894 $3,894 $3,894 Stucco LS 1.00 $0 $0 $3,780 $3,780 $3,780 Supervision HR 80.00 60.00 $4,800 $15 $1,200 $0 $0 $6,000 Dumpster LS 3.DO $0 $350 $1,050 $0 $0 $1,050 Granite Removal Allowance LS 1.00 $0 $0 $15,000 $15,000 $15,000 Electrical Allowance LS 1.00 $0 $0 $5,000 $5,000 $5,000 Contingency Allowance LS 1.00 $0 $0 $10,000 $10,OD0 $10,000 We reserve the right to time extension and general conditions $4,800 $2,250 $53,747 $60,797 Sales Tax % 6.50 $146 $146 $4,800 $2,396 $53,747 $60,943 $720 $359 $8,062 $9,141 G.C. Mark -Up % 15.00 Bonds & Liability Insurance % 2.000 $1,430 $71,515 OU S E N T F K► R r E E 5 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 March 26, 2008 Mr. Greg White Fax: (772) 462-1444 St. Lucie County Central Services Dept. 2300 Virginia Ave, Fort Pierce, FL 34982 Re: Clerk of Courts Office Building Chiller Plant Misc. Electrical Items Pending Change No. 52.25 Dear Greg: The electrical contractor has offered to perform miscellaneous changes needed at the chiller plant as directed in RFI #79.54 dated 1131108. The net price for this work is Three Thousand Three Hundred Seventy Four Dollars ($3,3741 Please let me know at your earliest convenience if we are to proceed as outlined. Thank you, ACCEPTED' David Brooks Enterprises, Inc. St. Lucie County 1 \ By: Date: David Brooks President / Print Name / Title Cc Paul Dritenbas EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File YAClerk or Courtswending Changesw.C. 062.26.doo General Contractors - Construction Management 91/60 39Vd 1NN3 S7100i'1S QIAVa 08669Z9T99 6P:PT 800Z/ZZ/50 I�%e 4/14 STIMA�CORD Data: osAIO project. Cleric of Courts Office BUlldina11 Page: w t P.C. 0 62.5 - FJectrkal GOodifleai►orre - Chlllar 91dg P 4-4 by: Da P._.. sheet . . - . Des Un8 Qua Labor _ Unit Total Labor Malarial ... Urdt Malarial _ Total a _ S_u_nonit.. . U Sul m"a Tom, Total Cost $2,875 Fa5trao Proposal $ 47Ch LS 1.00 $0 $o $2.875 $2,575 Sales Tax % 6.50 so $0 $0 $2,875 $2,875 50 G.C. Mark -Up Bonds & Liability irtsuranor, % % 15.00 2.000 so $D $2,875 $2,675 $0 $0 $431 $431 $67 H. $3,374 5T/0T 3E)Vd itO SADON9 QIAVG 08669Z9T95 6t,:17T 800Z/ZZ/50 or,/05/2008 21:28 7722930121 DBE FT PIERCE r 00k E N r E R► R I S E S 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 May 10, 2008 Mr. Greg White Fax: (772) 462-1444 St. Lucie County Central Services Dept. 2300 Virginia Ave_ Fort Pierce, FL 34982 Re: Clerk of Courts Office Building Chiller Plant— Siemens Related Change Requests Pending Change No. 52.26 Through 52.31 Dear Greg: We offer to perform the additional work as performed by the Siemens Corporation at the Chiller Plant portion of the referenced project P.C. # 62.26 Cooling Tower Platform Work $ 6.231 P.C. # 52.28 Additional Control Valves $12,383 P.C. # 62.29 Added Ladder & Handrail Work $ 3,153 P.C, # 62.30 Additional Intake Louver $ 3.263 We also request that the contract time be increased by days. Please review the attached information and let me know if you have questions or require anything else. Thank you, David Brooks Enter . es, Inc. David Brooks President ACCEPTED: St. Lucie County By: Date: Print Name / Title Cc Paul Dritenbas EDB (Fax: 772-589-9208) Rick Wilhelm, DBE File Y,1CIerK or Cour%XPmding Changms P.C. W2,2842,31.dx General Contractors • Construction Management dose CV/1--i ESTIMATE RECORD Date: 05/13/06 David Brooks Enterprises, Inc. Proiect: Clerk of Courts Office Building Page: 1 or 1 P.C. # 62.26 - Platform - Chiller Bldg I I Prepared by: DB DetaiV Sheet Description Unit Quantity Labor Unit Total _ Labor Material Unit Material Total Sutxontrad Unit Subx bract Total Total Cost Platform for cooling tourers LS 1.00 $0 $0 $3,850 $3,850 $3,850 Supervision LS 8.00 60.00 $480 $15 $120 $0 $0 $600 $480 $120 $3,850 $4,450 Sales Tax % 6.50 $8 $8 $480 $128 $3,850 $4,458 $72 $19 $578 $669 G.C. Mark -Up % 15.00 Bonds 8 LlabilHy Insurance % 2.000 L� $105 1 F $5,231 %5c _7�14 Siemens Building Technologies, Inc. CHANGE ORDER #12 To: David Brooks Enterprises Change Order No. 12 9000 Buena Road, Suite 101 Palm Beach Gardens, FL 33403 Project Name: St. Lucie County Chiller Plant Date 04/25/08 revised Job No. Sheet _ 1 of PLEASE CHANGE YOUR CONTRACT WITH US AS FOLLOWS: Description of the change: Installation of 3 additional control valves to stop all flows to each chiller not in use. Additional cost for control Valves Installation labor hours. Siemens is deducting $600.00 of this price for mounting the three other valves on the condenser water side, • 31 hours normal business hours, mechanic at a rate of $ 89.00 totaling $2,759.00 Deduct ($600.00) • Overhead and profit 10%n $216.00 Material cost. • Three W isolation Valve, 2-Postion 120 volt. $3,852,00 ■ Mac point expansion module 8DI14DO $870.0 Overhead and profit 1011/6 $472.00 Subcontractor cost Electrical service $2,160-00 Overhead and profit. 10% $216,00 Original Contract Amount $ Plus Previous Changes (+ or -) $ Amount of this Change (+ or -) $ 9,945.00 New Contract Amount $ ALL LABOR AND MATERIAL TO CONFORM TO SPECIFICATIONS All Terms and Conditions of Agreement Dated 02/18/08 Between David Brooks Enterprises and Siemens Building Technologies, Inc„ are to be part of this order, Where no amount is stated in this order and the order states that the work shall be done on time and material basis, we will have your representative sign our time and material work order daily, giving your representative a duplicate copy of the ticket THIS IS A CONTRACT AND BOTH COPIES MUST BE SIGNED, DATED AND RETURNED TO US WITHIN 7 DAYS OF THE DATE OF THIS ORDER CONTRACTOR: Siemens Building Technologies, Inc. David Brooks Enterprises Date: 0211 a/08 Date: 8/ 14 ESTIMATE RECORD Date: 05/13/08 David Brooks Enterprises, Inc. Project. Clerk of Courts Office Building Page: !of 1 P.C. # 52.28 -Additional control vahres - Chiller Bldg Prepared by. DB Detaill Labor Total Material Material subcontract Subcon"d Total sheet Description Unit I Quantity _ Unit Labor Unit Total Unit Total Cost Installation of 3 addnl control valves LS 1.00 $0 $0 $9,945 $9,945 $9,945 Supervision LS 8.00 60.00 $480 $15 $120 $0 $0 $600 $480 $120 $9,945 $10,545 Sales Tax % 6.50 $8 $8 $480 $128 $9,945 $10,553 $72 $19 $1,492 $1,583 G.C. Mark -Up % 15.00 Bonds & Liability Insurance % 2.000 $248 $12,383 V0/L8:zUUe THU 3:JT r'Ad 4U7 332 77u4 uC1 associates, lnc. — Edlund K UI•.i%Bnnas NIXHNJ May 20, 2008 Mr, Paul Dritenbas ED13 Architects and Associates P.A. (55 Royal Palm Pointe, Suite "Y Vero Beach, PL 32950 Re: St. Lucie County Clerk of the Court New Chiller Plant UCI Project No. 03175 Dear Paul, We are in receipt of a change order P.C. #52,28 from David Brooks Enterprises dated 05/13/08 and offer the following comments. The change order is for the services required for adding three control valves into the chilled water piping at each chiller connection. Per the RS Means Costvyorks estimating services, the costs associated with adding these valves should be $3228 each for a total of $9684. The contractor's proposed cost of $9945 for the mechanical contractor is reasonable and customary for the proposed scope of work. Although not required for function of the plant. these additional valves 'would provide some added flexibility and automation that is not currerdy there. The plant was designed to provide the flexibility to manually switch over pumps and chillers in the event of an equipment failure. These additioral valves will provide the ability for a completely automated change over in the event of an equipment failure which will minimize potential down time, etc. These proposed valves are deflnitely an enhancement to the system and we would take no exception to them being installed. If you have any questions or need further assistance in these matters do not hasitatc to call. Respectfuliy, Jason Smith, P.E., LEEC AP Director of Mechanical Engineering OCI Associates, Inc, Orlando Ft. Pierce West Palm Beach ft. Myers 427 Centerpointe Circle, Suite 1825, Artamante Springs, Florida 32701 Phone: 407332-5110 Fax: 407-332-7704 www.ociassoci ates.com 0 TM mn"-J C I'"171 TWr))4H t7R7 RR799gC7.1 1 T T7.:RR RRR7 /77 /QR _� ESTIMATE RECORD Date: 05f13108 David Brooks Enterprises, Inc. Project: Clerk of Courts Office Building Page: 1 of 1 P.C. # 52.29 - Ladder & hand rails - Chiller Bldg P-p-ed by: DB Subcontract pep; Labor Total Material Material sumw,bad Sheer Descrinfinn Unit Quantity Unit Labor Unit Total Unit Total Total Cost New ladder & hand rail access LS 1.00 $0 $0 $2,079 $2,079 $2,079 Supervision LS 8.00 60.00 i $480 $15 I $120 — $0 $0 $600 — $480 $120 $2,079 $2,679 Sales Tax % 6.50 $8 $8 $480 $128 $2,687 $72 $19 7$]312 $403 G.C. Mark -Up % 15.00 Bonds & Liability Insurance % 2.000 $63 $3,153 t'T Ii/Ifi Siemens Building Technologies, Inc. CHANGE ORDER #11 IL-�k . To: David Brooks Enterprises 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 Project Name: St Lucie County Chiller Plant Change Omer No. Date 11 04/25/08 revised Job No. Sheet 1 of 1 PLEASE CHANGE YOUR CONTRACT WITH US AS FOLLOWS: Description of the change: Installation of Cooling Towers per approved submittal Additional cost to order new ladder and hand rail access do to structural concrete beams. Installation labor hours.Siemens accepts some of the blame for this situation but not all- So we have deducted $200.00 off price below. • 10 hours normal business hours, mechanic at a rate of $ 89.00 totaling $890.00 Overhead and profit 10% 89 Installation material New handrail and ladder system $1,200.00 Deduct ($200.00) Overhead and profit 10% $100.00 Original Contract Amount Plus Previous Changes (+ or -) Amount of this Change (+ or -) New Contract Amount $ 2,079.00 ALL LA13OR AND MATERIAL TO CONFORM TO SPECIFICATIONS All Terms and Conditions of Agreement Dated 04/25/08 _ Between David Brooks Enterprises and Siemens Building Technologies, inc., are to be part of this order. Where no amount is stated in this order and the order states that the work shall be done on time and material basis, we will have your representative sign our time and material work order daily, giving your representative a duplicate copy of the ticket THIS IS A CONTRACT AND BOTH COPIES MUST BE SIGNED, DATED AND RETURNED TO US WITHIN 7 DAYS OF THE DATE OF THIS ORDER CONTRACTOR: Siemens Building Technologies, Inc. OWNER: David Brooks Enterprises Date: 04/25/08 Date: ESTIMATE RECORD Date: 05/13108 David Brooks Enterprises, Inc. Project: Clerk of Courts Office Building Page: !.of 1 P.C. # 62.30 - Additional intake louver- Chiller Bldg Prepared by: DB DelaW Sheet Description Unit ' Qua labor Unit Total Labor _Material Unit _ Material Total submntrad Unit submmnxt Total Total Cost Additiaral intake louver LS 1.00 $0 $0 $2,781 $2,781 $2,781 Sales Tax % 6.50 $0 $0 $0 $2,781 $2,781 $0 G.C. Mark -Up Bonds & Liability Insurance % % 15.00 2.000 $0 $0 $2,781 $2,781 $0 $0 $417 $417 $65 $3,263 162e 13/ 14 Siemens Building Technologies, Inc. CHANGE ORDER #6 To: David Brooks Enterprises Change Order No. 9000 Burma Road, Suite 101 Date Palm Beach Gardens, FL 33403 Job No. Project Name: St- Lucie County Chiller Plant Sheet 1 Of PLEASE CHANGE YOUR CONTRACT WITH US AS FOLLOWS: 04/25/08 revised Description of the change: Installation and cast for addition Greenheck intake Louver to accommodate new structural support bracing that has been installed directly over concrete opening supplied by David Brooks Reference RFI #19 Installation labor hours • 8 hours normal business hours, Mechanic at a rate of $89.00 totaling $712-00 • 1 hours normal business hours, project Manager at a rate of $132.00 totaling $132.00 Overhead and profit 10% $84.00 Installation material Green Heck Fan model SDLE modified $1,584.95 Overhead and profit 10% $168.60 Original Contract Amount $ Plus Previous Changes (+ or -) $ Amount of this Change (+ or -) $ 2781.46 New Contract Amount $ ALL LABOR AND MATERIAL TO CONFORM TO SPECIFICATIONS All Terms and Conditions of Agreement Dated 04/25/08 Between _David Brooks Enterprises and Siemens Building Technologies, Inc., are to be part of this order. Where no amount is stated in this order and the order states that the work shall be done on time and material basis, we w48 have your representative sign our time and material work order daily, giving your representative a duplicate copy of the ticket THIS IS A CONTRACT AND BOTH COPIES MUST 113E SIGNED, DATED AND RETURNED TO US WITHIN 7 DAYS OF THE DATE OF THIS ORDER CONTRACTOR: Siemens Building Technologies, Inc. OWNER' David Brooks Enterprises Date: 04/18/08 Date: C-%, I -i / 1.6t W � O o 0 z^ O_ ^ N N m � O � g S z a Q» Q» Q 5 ^ S ^ J Z w Q W Q i m N N K IC m o r ccz z 41 O (�% $• N N N O F O yQQ� M z z 3 m 0 $ Cw! U N S» O S» O R F z Z n L) N N !N O K LL W O b u � r` a p N » M 6 O b Q a Z N N N M N N N Q S p N n SK (OV_ N ti N M N N M 8N p J p in rc z Q W M N N N J O O O 6 N N M N e q g � b a O Q N N N N N N 0 - $ o o S 6 8$ 8 r c $ ei N M M N N N N N N qq g o 2$ J S F f z S R b U N' !1 zw M M N M» N N N M f_ O 00 f O O K O O W N N N N N w F" rc z O g Y Y� O y Y Y Y d p Y d d Y d Y 0 i Y rl O m O O Y 0 0 0 0 1O O O O O S O D• 0 0 Q 4• p_ E d 4 4 d Y p Y 4 4 4 d•• g d d = OI O •1 O OI OI OI Ol 01 G C C C C L C C • �N iQ. F L V L• V p w ,G U L L U U L L U U L L U U L V L U L V L L U U L U 9 L p U L 6 U 0 W ¢ `�I in rr AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation ITEM NO. J DATE: Junel7, 2008 REGULAR a PUBLIC HEARING CONSENT [xx] PRESENTED BY: Debbie Brisson, Director SUBJECT: Approval of small mobile stage for the Havert L. Fenn Center. Approval of Equipment Request No. 08-325. BACKGROUND: Recreation staff is requesting approval to purchase a small mobile stage for the Havert L. Fenn Center for use by aerobics and fitness instructors in the multi -purpose rooms of this facility. Currently, the instructor is located at the Ft. Pierce Community Center and uses the permanent stage at that location. The stage requested is comprised of two 4 ft. by 8 ft. sections for a total area of 8 ft. by 8 ft., and is on a base with wheels so that it can be moved easily. This stage will be used several times per week and can be dedicated to one of the rooms. The cost of the stage is $2595. Because this was not approved in the FY 07-08 budget, Board approval is needed at this time. FUNDS AVAILABLE: Funds are available in 001-7510-564000-700 (Recreation, Fenn Center, Machinery and Equipment) RECOMMENDATION: Staff requests that the Board of County Commissioners approve Equipment Request No. 08- 325 for the purchase of a mobile stage for the Havert L. Fenn Center in the amount of $2595. COMMISSION ACTION: IS APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Dougl derson County Administrator Review and Approvals County Attorney: _ Management & Budge Originating Dept. „ L Other: Other: Purchasing: BOARD OF COUNTY COMMISSIONERS PARKS & RECREATION DEBRA BRISSON Director To: Board of County Commissio rs From: Debbie Brisson, Director Subject: Agenda J-2/ Portable Stage/ Havert L. Fenn Center/EQ# 08-325 Date: June 17, 2008 Recreation staff is requesting approval to purchase a small portable stage for the Havert L. Fenn Center for use in the multi -purpose rooms. The stage requested is comprised of two 4 ft. by 8 ft. sections for a total area of 8 ft. by 8 ft., and is on a base with wheels so that it can be moved easily. The cost of the stage is $2595. Because this was not approved in the FY 07-08 budget, Board approval is needed at this time. Funds are available from savings from other purchases in acct. # 001- 7510-564000-700 (Machinery & Equipment/Fenn Center). Cc: Douglas M. Anderson, County Administrator LeeAnn Lowery, Asst. County Administrator File JOSEPH E. SMITH, District No. 1 - DOUG COWARD, Disrricr No. 2 - PAULA A. LEWIS, District No. D - CHARLES GRANDE, District No. 4 - CHRI5 CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, Florida 34982-5652 Phone (772) 462-1518 • Fax (772) 462-1940 • E-mail: brissond@co.sr-lucie.fl.us _. . - - -- I - _ 11 - - .r N ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 DEPARTMENT: PARKS AND RECREATION RECOMMENDED: X YES I NO I REVISED DIVISION: FENN CENTER / SPECIAL NEEDS SHELTER APPROVED: I YES I NO I REVISED f 66 EQUIPMENT: Mobile Stage ADDITIONAL COSTS BUDGET AMOUNT: $2,595 X NEW I REPLACEMENT I YES X NO zN4_+u1�g A" a ar pxr-^c & 4`# 9[ J:.:, .T, ._: R `. r.'! ^a (R" €d..'4 £ ��� e+.♦ ,. Y.rv'k'u'i -"+%.s',-t. N;, +' kn f JUSTIFICATION: Recreation staff is requesting approval to purchase a small mobile stage for the Havert L.Fenn Center for use by aerobics and fitness instructiors in the multi -purpose rooms of this facility. Currently, the instructor is located at the Fort Pierce Community Center and uses the permanent stage at that location. The stage requested is comprised of (2) two 4 ft x 8 ft. sections for a total area of 8 ft x 8 ft. and is on a base with wheels to move easily. This stage will be used several times per week and can be dedicated to one of the rooms. The cost is $2,595. Agenda Request Item Number 6 K Meeting Date: June 17, 2008 Tramportatilon Regular [ ] Public Hearing [ ] IOAAIA9 Consent 1XI Ofganization Leg. [ ] Quasi -JD [ ] ST. LUCIE URBAN AREA To: Board of County Commissioners Presented By: Submitted By: Transportation Planning Oroani2:ation YA SUBJECT: TPO Executive Director Request permission to purchase a laptop computer (EQ 08-323) for recording of TPO board and committee meetings and to stay in compliance with TPO by-laws and Florida Statutes. BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ® APPROVED = OTHER Approved 5-0 See attached memo and email Funds will be made available in 001183-1540-564000-100; Machinery & Equipment - Planning grant funds —Budget amendment BA-027 none Staff recommends that the Board approve the purchase of a laptop computer, Approve EQ 08-323 and Budget amendment BA-027 = DENIED County Administrator Coordination/ Signatures County Attorneys, Management & Budget: Purchasing: Originating Dept.: Other: Other: Finance: �fy of � TfaAJRaf�O�IOA ..4 pianning �rganizalian ST. LUCIE URBAN AREA TO: Board of County Commissioners FROM: Peter Buchwald, TPO Executive Director DATE: June 7, 2008 SUBJECT: TPO Laptop purchase BACKGROUND TPO staff hosts several meetings monthly for the following boards and committees: TPO Policy Board, Treasure Coast Transportation Committee (TCTC), Technical Advisory Committee (TAC), Citizens Advisory Committee (CAC), Local Coordinating Board for the Transportation Disadvantaged (LCB), and Regional Advisory Committee (RAC). Several of these meetings are held off -site which require the recording of the minutes by laptop and the transcribing of them from a SoniClear program. The recording of these meetings are pursuant to Florida Statutes and the M/TPO bylaws and are a basic function of the administrative staff of the TPO. Attached is an email from Johnny Ortiz, Network Desktop Technician, regarding diagnostic results from our current laptop which has a malfunctioning microphone jack. This laptop will be used for multimedia presentations at the meetings, and the new laptop will be used for recording. This memo is requesting approval for the purchase of a laptop to continue the administrative duties of the St. Lucie TPO in regard to recording meetings. RECOMMENDATION The TPO is requesting approval to purchase a laptop computer in which federal planning grant funds will be used. TO: FROM: BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Transportation Planning Organization PREPARED DATE: 6/2/2008 AGENDA DATE: 611712008 001183-1540-564000-100 001183-1540-599330-100 Project Reserves S1.670 1 REASON FOR BUDGET AMENDMENT: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: $1,670 BAOS-027 10 It ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 DEPARTMENT: TPO RECOMMENDED: YES NO REVISED DIVISION: APPROVED: I YE3 NO I REVISED EQUIPMENT: Dell Laptop ADDITIONAL COSTS BUDGET AMOUNT: $1,670 X NEW I REPLACEMENT I YES X NO JUSTIFICATION: The purchase of a laptop is needed to continue the administrative duties of the St. Lucie TPO including the recording of the minutes of meetings. TPO staff hosts several monthly meetings for the following boards and committees: TPO Policy Board (TPO), Treasure Coast Transportation Committee (TCTC), Technical Advisory Committee (TAC), Citizens Advisory Committee (CAC), Local Coordinating Board for the Transportation Disadvantaged (LCB), and Regional Advisory Committee (RAC). Some of these meetings are held off -site which require recording the minutes by laptop and transcribed from a SoniClear program. The recording of these meetings are pursuant to the M/TPO bylaws and a basic function of the administrative staff of the TPO. Most of the off -site locations are not equipped with audio/visual provisions, and the staff has to accommodate themselves to record these meetings. Our current laptop is no longer under warranty and a diagnostic check by one of the I.T. technicians revealed a defective microphone port. (See attached email) This laptop will be used for multimedia presentations but not for recording. EQUIPMENT REQ#: EQ 08-323 CCOUNTS:001183-1640-664000-100 Page I of I .1 k 3everly Austin - Work Order # 104549 rom: Johnny Ortiz 'o: Austin, Beverly )ate: 5/28/2008 10:18 AM subject: Work Order # 104549 :C: Adams, Jerome everly, lere are the diagnostics results from my testing for WS # 1060, took a look at the Dell Latitude D810 WS# 1060 and noticed that the microphone jack has a loose connection to the iotherboard. I tested the microphone jack anyway with 2 different microphones and got the same results. The volume on the -v"dings are really low and it doesn't seem to pick up a person speaking away from the microphone. I tried using 2 different pplications and I also triple checked all of the volume settings in the windows xp pro operating system prior to the testing. It oesn't appear to make a difference. This Dell Laptop Model # D810 WS # 1060 appears to have a defective microphone port. I ontacted I.T. Customer Service and was told that this Dell Laptop's warranty has been expired since May 11, 2008. I did owever test this with a different Dell Laptop Model # D620 and everything tested out fine with either microphone. The sound's rere loud and clear regardless of where the person was standing. This concluded my testing. Johnny Ortiz Network Desktop Technician Information Technology Saint Lucie County BOCC 2300 Virginia Avenue Ft. Pierce, FL 34982 Tel. (772) 462-1755 Fax (772) 462-1443 ortj4@cost-lucie.fl.us_ Information Technology ..•///�•1TCT ADIVn.....-..„,.,.\ A 0 1 rvOin)VT f1L A A TT TIV A AA7T- Tll nnI 17Af, ,,-T I% T nnnnl I_, I—I-- ITEM NO. L-1 .A2onM C6UN7- AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport DATE: June 17, 2008 REGULAR( ) PUBLIC HEARING ( ) CONSENT(X) PRESENTED BY: Diana D. Lewis SUBJECT: Request the Board accept the Grant Offer from the Federal Aviation Administration (FAA) and approve Budget Resolution # 08-208 in the amount of $5,258,780 for 95% of the cost for the Runway 9L/27R Runway and Taxiway Project, Environmental Mitigation, and Security Fencing at the St. Lucie County International Airport BACKGROUND: See attached memo. FUNDS AVAILABLE: FAA fund number for the new runway project is to be determined. Funds for the FDOT 2.5% match ($135,462) and the local 2.5% match ($135,462) for the new runway project is available in 140335-4220-563000-48006 Fund numbers for the fencing project to be determined. The fencing JPA was approved in May 2008 through Resolution No. 08-100 and a budget resolution is still to be processed. PREVIOUS ACTION: FAA grants accepted: August 2004 for $527,000, August 2005 for $708,931, August 2006 for $6,539,438, and August 7, 2008 for $1,300,000. Supplemental Florida Department of Transportation (FDOT) Joint Participation Agreements (JPAs) were approved in October 2004 for $27,736; in June 2005, for $161,660; in April 2006, for $215,890; in April 2007 for $186,716, and April 2008 for $78,496. RECOMMENDATION: Staff recommends that the Board accept the Grant Offer from the FAA (Project Number 3-12-0023-029-2008) in the amount of $5,258,780 for 95% of the cost for Runway 9L/27R Runway and Taxiway Project, Environmental Mitigation, and Security Fencing projects at the St. Lucie County International Airport; approve Budget Resolution # 08-208, and authorize the Chair or designee to execute same. COMMISSION ACTION: ( APPROVED () DENIED () OTHER Approved 5-0 County Attorney Originating Dept. Coordination/Signatures Mgt. & Budget ( ) Other( ) Finance: (check for copy, only if applicable) CONCURREN Douglas . Anderson COUNTY ADMINISTRATOR Purchasing Other( ) _ BOARD OF COUNTY COMMISSIONERS s MN7Y of F L D I D A MEMORANDUM To: Board of County Commissioners r From: Diana Lewis, Airport Date: June 12, 2008 AIRPORT Diana Lewis, Director Re: Request the Board accept the Grant Offer from the Federal Aviation Administration (FAA) and approve Budget Resolution # 08-208 in the amount of $5,258,780 for 95% of the cost for the Runway 9L/27R Runway and Taxiway Project, Environmental Mitigation, and Security Fencing at the St. Lucie County International Airport. The FAA grant offer for $5,258,780 is 95% of the cost to complete the new runway and taxiway project including the cost of environmental mitigation resulting from the permitting for this project ($5,418,464), and to provide additional funds ($119,136) for security fencing. For the new runway portion of the grant offer, the Fiscal Year (FY) 2008 Capital Budget approved by the Board for the new runway and taxiway included a total project cost of $3,402,823, with a FAA grant of $3,232,683 and a 2.5% FDOT and 2.5% local share of $85,070 each. However, in August 2007, the FAA issued a grant for the FPL powerline relocation that was only $1,300,000. The local share for this grant was $39,500 with $32,500 for FDOT share. As stated above, $85,070 was budgeted in the FY 2008 Capital Budget for each of the FDOT and the local matches. FDOT had also provided a grant of $93,358 in April 2007, which required a local match of $93,358 per Budget Resolution 07-119. In anticipation of receiving a FAA grant in August 2008, FDOT increased their participation for the new runway/taxiway project, which was approved by the Board in April 2008 for $78,946 with the local share increase of the same amount through Budget Resolution 08-136. This results in the local share being $217,874 ($85,070 - $39,500 + $93,358 + $78,946). The FDOT share provided to date is $172,304 ($93,358 + $78,946), of which $32,500 was used for the FPL powerlines, leaving a total of $139,804. This would cover the $135,462 or 2.5% share required for the FDOT and local share to match the current FAA grant. To date, the total cost of the runway project is $9,911,122. With the addition of this grant (minus the fencing project), the total cost is $15,329,586. For the fencing project, FDOT has already issued a matching grant that was approved by the Board in May 2008 through Resolution 08-100. The grant amount was for $3,948 with a local share of $3,948 in anticipation that the FAA grant would be $150,000. However, for this year, the FAA funded only 75% of the typical entitlement grant of $150,000, which amounts to $111,240. The total with FAA, FDOT and local share equals a total project cost of $119,136. Staff recommends that the Board accept the Grant Offer from the FAA (Project Number 3-12-0023-029-2008) in the amount of $5,258,780 for 95% of the cost for Runway 9L/27R Runway and Taxiway Project, Environmental Mitigation, and Security Fencing projects, and approve Budget Resolution # 08-208. ONOWGRANT AGREEMENT U. S. Department of Transportation Federal Aviation Administration Date of Offer: June 10, 2008 Project Number: 3-12-0023-029-2008 Recipient: St. Lucie County (Herein called Sponsor) Airport: St. Lucie County International Airport OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share, Ninety -Five percent (95%) of the allowable costs incurred in accomplishing the project consisting of the following: "Construct New Runway 9Ll27R, Parallel Taxiway (Phase 2) and Associated Environmental Mitigation (Phases 1 and 2 of 5); Install Perimeter Fencing (Phase 4)" as more particularly described in the Project Application dated May 28, 2008 The maximum obligation of the United States payable under this Offer shall be $5,258,780 for airport development. This offer is made in accordance with and for the purpose of carrying out the provisions of Title 49, United States Code, herein called Title 49 U.S.C. Acceptance and execution of this offer shall com rise a Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obligati and rights o e United States and the Sponsor. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Manager, Air s District Offic ACCEPTANCE The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and in the document "Terms and Conditions of Accepting Airport Improvement Program Grants" dated March 29, 2005. Executed this _ day of , 2C_ (Seal) Name of Sponsor Attest Signature of Sponsor's Designated Official Representative Title CERTIFICATE OF SPONSOR'S ATTORNEY I, acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of State of Florida. Further, I have examined the foregoing Grant Agreement, and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and Title 49 U.S.C. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Signature of Sponsor's Attorney Date RESOLUTION NO. 08-208 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Federal Aviation Administration (FAA) through a Grant Agreement, in the amount of $5,258,780, as funding for Runway 9U27R Runway and Taxiway Project (which includes the Environmental Mitigation project) and the Security Fencing at the St. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 17th day of June, 2008, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUE 140135-4220-331411-48005 FAA $111,240 140136-4220-331411-48006 FAA $5,147,540 APPROPRIATIONS 140135-4220-563000-48005 Infrastructure $111,240 140136-4220-563000-48006 Infrastructure $5,147,540 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson XXX Commissioner Paula Lewis, Vice Chairperson XXX Commissioner Chris Craft XXX Commissioner Doug Coward XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED THIS 17th DAY OF JUNE, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. 7A DATE: June 17, 2008 REGULAR[] PUBLIC HEARING [x] CONSENT [] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Ordinance No. 08-008 - Amending Section 7.10.23 of the Land Development Code - Revise Guidelines for the Siting of Wireless Telecommunications Towers and Antennas BACKGROUND: FUNDS AVAILABLE: See CA No. 08-0783 PREVIOUS ACTION: Ordinance No. 08-008 was brought before the LPA/PEtZ on November 15, 2007. The first public hearing before the Board of County Commissioners was held on March 4, 2008. The second public hearing was continued on April 1, 2008 and May 20, 2008. RECOMMENDATION CONCLUSION: Staff recommends that the Board adopt Ordinance No. 08-008 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: [>I APPROVED [ ] DENIED [ ] OTHER: Approved 4-1 Comm. Craft voting no. CONCURRENCE: Douglas M. Anderson County Administrator t Review and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: [ ] Road a Bridge.: [) Parks ft Recreation Director [ ] solid Waste Mgr [ ]Finance:(check for copy only, if appticable) Effective 5/96 INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 08-0783 DATE: June 17, 2008 SUBJECT: Ordinance No. 08-008 - Amending Section 7.10.23 of the Land Development Code - Revise Guidelines for the Siting of Wireless Telecommunications Towers and Antennas BACKGROUND: Attached is a copy of draft Ordinance No. 08-008 which, if adopted, would revise guidelines for the siting of wireless telecommunications towers and antennas. This Ordinance was heard by the Planning and Zoning Commission/Local Planning Agency on November 15, 2007. It was the recommendation of the PBtZ/ LPA that the Board of County Commissioners approve the proposed ordinance with the suggested changes for spelling and punctuation. The first public hearing before the Board of County Commissioners was held on March 4, 2008. At that hearing, the Board directed staff to prepare a memo discussing the main differences between the current Land Development Code and the proposed ordinance (see referenced memo attached). On March 19, 2008, staff met with Mr. Rick Richie who has the only pending cell tower application to discuss his concerns regarding the proposed ordinance. The second public hearing had been noticed for April 1, 2008. That week, a representative of the South Florida'Water Management District contacted County staff regarding the potential impact of the proposed amendments on the District's remote communications facilities. These issues have been resolved. On March 31, 2008, the County was also contacted on behalf of Verizon Wireless to request additional time to review and comment on the proposed ordinance. Staff has met with Verizon and resolved a majority of the issues; however, staff requested additional time to attempt to resolve a few remaining issues. The primary purpose of the Ordinance is to exercise the maximum authority granted to the County to regulate such facilities under federal and state law and to provide that placement of such facilities is compliant with applicable law, compliant with County land development, zoning and building codes and aesthetic objectives. Ordinance No. 08-008 will accomplish the following: A. Encourage the location of towers in nonresidential areas; B. Encourage the collection of antennas on new and pre-existing tower sites; C. Establish zoning districts where towers may be permitted; D. Require an engineering report demonstrating the tower meets the requirement of Code; E. Require certain aesthetics and height standards; F. Require removal of abandoned antennas and towers; and G. Provide for penalties. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 08-008 and authorize the Chairman to sign the Ordinance. KMS/cb Attachment H:\AgendaMemo-KMS08-0082ndHearing.wpd Respectfully submitted, Katherine Mackenzie -Smith Assistant County Attorney INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 08-0961 ty DATE: June 6, 2008 SUBJECT: Ordinance No. 08-008 - Revisions to Section 7.10.23 St. Lucie Land Development Code, Telecommunications Tower Siting 1. Section B. Definitions This section is a completely new section. Wireless communications facilities not generally available to the public, to protect the health, safety and welfare of the public has been exempted. 2. Section C. General #3 is new, it exempts Broadcast Facilities (defined primarily for the purpose of broadcasting AM, FM or television signals) and Amateur Radio Station Operators from this ordinance. 3. Section D. Applications This is a completely new section, which creates time frames for the County to grant or deny each properly completed application (see attached memo to Growth Management Director dated May 7, 2008. 4. F. Requirement of Site Plan and Engineering This section has been expanded and the additional requirement for site plan are: a. parcel fully dimensional - including property lines, setbacks, roads, easements, etc. b. outline of all existing buildings C. all existing vegetation, by mass or individually by diameter d. proposed/existing security border e. proposed/existing easements f. all proposed changes to property g. scaled elevation drawing of proposed tower h. dimensions of the tower I. material lists j. color board k. require visual impact analysis not only at 500 ft., but also now 250 ft. 1. Special Fee - County has the right to retain independent technical experts to properly evaluate application - paid for by applicant. 5. Increased the security fund for each tower from $15,000 to $25,000. 6. Increased security fund for each collocation from $1000 to $5000. 7. Collection Incentives - this is a new section St. Lucie County shall complete application processes within 45 days Only subject to building permit review if meets certain guidelines 8. Institute a $200 fee to reimburse County for cost of review of inspection report on structural and electrical integrity. 9. Authority to remove tower that does not come into compliance within 30 days at the owner's expense. 10. Restricting microwave dish antennas to 6 ft. in diameter if located less than 65 ft. above ground - 8 ft. in diameter, 65 ft. or higher. 11. Separation requirements for tower was 750 or 100% of tower height whichever is greater; now 200% of tower height for habitable residential structures. 13. Institute a five hundred dollar ($500) fee to reimburse the County for cost of reviewing the application. 14. Tower Heights: a) Single User - 100 ft. b) Two Users - 150 ft. c) Three Users - 250 ft. KMS/cb Attachment H:%KMS-BCC Memo 08-008.wpd INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Mark Satterlee, Growth Management Director FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 08-0765 DATE: May 7, 2008 SUBJECT: Process of Applications for Wireless Telecommunications Towers and Antennas Section 365.172(12)(d) F.S. requires a local government to respond to applications for the above as follows: (a) Within twenty (20) business days after the application is initially submitted or additional information re -submitted, the local government shall notify the applicant in writingthat the application is not completed in compliance with local government regulations, otherwise, the application is deemed for administrative purposes to be completed. (b) Within 45 days after the date the application is determined to be properly completed for a collocation, the local government shall grant or deny. (c) Within 90 days after the date the application is determined to be properly completed for any other wireless communications facility, the local government shall grant or deny. If the local government fa ils to grant or deny a properly completed application within the time frame set forth (see above), the application shall be deemed automatically approved. Please contact me if you have any questions. KMS/cb H: \Memos\KM S-MS-W i reless.wpd copy to: Chris Lestrange, Code Compliance Manager Paula Bushby, Zoning Supervisor ORDINANCE NO. 08-008 (formerly Ordinance No. 07-014) AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.10.23, PROVIDING PURPOSE; PROVIDING DEFINITIONS; PROVIDING APPLICABILITY; PROVIDING GENERAL REQUIREMENTS AND MINIMUM STANDARDS; PROVIDING PERMITTED USES ON PUBLIC PROPERTY; PROVIDING PERMITTED USES ON PRIVATE PROPERTY; PROVIDING SPECIAL EXCEPTION USE; PROVIDING EQUIPMENT STORAGE; PROVIDING REMOVAL OF ABANDONED ANTENNAS AND TOWERS; PROVIDING NONCONFORMING USES; PROVIDING PROTECTION FOR RESIDENTS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY AND APPLICABILITY, INCLUSION IN THE CODE AND PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AN EFFECTIVE DATE. WHEREAS, the Congress of the United States adopted the Telecommunications Act of 1996, providing federal regulation of wireless telecommunications, a technology of wireless voice, video and data communications systems rapidly becoming available, requiring land use facilities that impact planning and zoning concerns in St. Lucie County ("County") and throughout the United States; and WHEREAS, Florida law as applicable to the County's authority to regulate the siting of wireless telecommunication facilities has been amended; and WHEREAS, it is the County's intent to establish standards in compliance with applicable federal and state laws; and WHEREAS, the County finds that it is in the public interest to permit the siting of wireless telecommunications towers and antennas within the County's boundaries, and WHEREAS, the County has received and expects to receive additional requests from telecommunications service providers to site wireless telecommunications towers and antennas within the County boundaries and is authorized by federal, state and local law to regulate the siting of such telecommunications towers and antennas; and WHEREAS, it is the intent of the County to provide reasonable accommodation to, and to promote and encourage fair and reasonable competition among telecommunications 1 6*1-wek through portions are deleted. 08-008 Clean Underlined portions are added. service providers or providers of functionally equivalent services on a neutral and nondiscriminatory basis; and WHEREAS, the purpose and intent of this Ordinance are to establish appropriate locations, and, further, to develop the requirements and standards to permit the siting of wireless telecommunications towers and antennas within the County's boundaries, with due consideration to the County's comprehensive plan, zoning map, existing land uses and environmentally sensitive areas, including hurricane preparedness areas, and WHEREAS, it is the intent of this Ordinance to encourage collocation between wireless telecommunications service providers and to enhance the ability of the providers to provide such services to the County through an efficient and timely application process pursuant to Fla. Stat. g 365.172 as amended; and WHEREAS, any antennas and related equipment to service the antennas that are being collocated on existing above ground structures are not subject to land development regulation pursuant to Fla. Stat. 5 365.172, provided the height of the existing structure is not increased; and WHEREAS, through these regulated standards, it is the intent of the County to protect and promote the health, safety and general welfare of its citizens and residents, the traveling public and others in such a manner that will minimize both the number of telecommunications towers and antennas and the adverse visual impact and other potential damage by these facilities by encouraging collocation and shared use of new and pre- existing telecommunications facilities, through incentives, careful design, engineering siting, landscape screening and innovative camouflaging techniques; and WHEREAS, this Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law; and WHEREAS, on August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 2 �� ugh portions are deleted. 08-008 Clean Underlined portions are added. 91-03 - March 14, 1991 91-09 - May 14, 1991 91-21 - November 7, 1991 92-17 - June 2, 1992 93-01 - February 16,1993 93-03 - February 16,1993 93-05 - May 25, 1993 93-06 - May 25,1993 .. 93-07 - May 25, 1993 94-07 - June 22,1994 94-18 - August 16,1994 94-21 - August 16,1994 95-01 - January 10,1995 96-10 - August 6,1996 97-01 - March 4, 1997 97-09 - October 7, 1997 97-03 - September 2,1997 99-01 - February 2, 1999 99-02 - April 6, 1999 99-03 - August 17, 1999 99-04 - August 17, 1999 99-05 - July 20, 1999 99-15 - July 20, 1999 99-16 - July 02,1999 99-17 - September 7, 1999 99-18 - November 2, 1999 00-10 - June 13, 2000 00-11 - June 13, 2000 00-12 - June 13, 2000 00-13 - June 13, 2000 01-03 - December 18, 2001 02-05 - June 24, 2002 02-09 - March 5, 2002 02-20 - October 15, 2002 02-29 - October 15, 2002 03-05 - October 7, 2003 04-02 - January 20, 2004 04-07 - April 20, 2004 04-33 - December 7, 2005 05-01 - March 15, 2005 05-03 - August 2, 2005 05-04 - August 2, 2005 05-07- January 18, 2005 05-16 - August 16, 2005 05-23 - September 20, 2005 06-05 - April 18, 2006 06-13 - June 6, 2006 06-22 July 18, 2006 06-30 - September 12, 2006 06-40 - August 1, 2006 06-47 - December 5, 2006 07-11 - February 6, 2007 07-15 May 1, 2007 07-17 - June 5, 2007 07-32 - November 6, 2007 08-04 - March 11, 2008 WHEREAS, on November 15, 2007, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved; and WHEREAS, on March 4, 2008, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Tribune on February 22, 2008; and WHEREAS, on , this Board held its second public hearing on the 08-008 Clean 3 6#ruek #hPedgk portions are deleted. Underlined portions are added. proposed ordinance, after publishing notice of such hearing in the Tribune on ; and WHEREAS, the proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of St. Lucie, Florida that: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS INCLUDE: CHAPTER II SECTION 7.10.23 WIRELESS• TELECOMMUNICATIONS TOWERS 61:nN AND ANTENNAS A. PURPOSE: The purpose of this section is to establish regulations and requirements for the siting of wireless telecommunications facilities. All new towers or antennas in the County shall be subject to these regulations, except where specifically excluded. The section is intended to accomplish the following: 1. Protect and promote the public health, safety and general welfare of the residents of the unincorporated areas of the County; 2. Minimize potential impacts of towers upon residential areas and land uses; 3. Encourage and promote the location of towers in nonresidential areas, where the adverse impact on the community is minimal; 4. Minimize the total number of towers throughout the community by strongly encouraging the collocation of antennas on new and pre-existing tower sites 08-008 Clean 4 S•-y h portions are deleted. Underlined portions are added. as a primary option rather than construction of additional single -use towers; 5. Encourage and promote to users of telecommunications towers and antennas to configure them in a way that minimizes the adverse visual impact of the telecommunications towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; and 6. Minimize potential damage to property from wireless telecommunications towers and telecommunications facilities by requiring such structures be soundly designed, constructed, modified and maintained and in compliance with all requirements of the Building Code applicable to similar structures; and 7. Enhance the ability of the providers of telecommunications services to provide such services to the community through an efficient and timely application process. In furtherance of these goals, the County will at all times give due consideration to the County's Comprehensive Plan, zoning maps, existing land uses, and environmentally sensitive areas, including hurricane preparedness areas, in approving sites for the location of towers and antennas. 1-1 As used in this Section, the following terms will have the meanings set forth below, and will have control over any other definitions contained in the County's Code: 1. "Accessory Use" means a secondary use including a use that is related to, incidental to, subordinate to and subservient to the main use of the property on which an antenna and or telecommunications tower is sited. 2. "Alternative, Camouflage or Stealth Tower or Antenna Structure" means a design mounting structure that encloses, obscures or conceals the presence of an antenna or telecommunications tower (for example, man-made trees, clock towers, bell steeples, light poles, utility_poles and similar alternative designs.) 3. "Antenna' means a transmitting and/or receiving device mounted on a telecommunications tower, building or structure and used in wireless telecommunications services that radiate or capture electromagnetic waves, digital signals, analog signals. 5 S#raEk #hreagh portions are deleted. 08-008 Clean Underlined portions are added. radio frequencies, wireless communications signals and other communications signals including directional antennas such as panel and microwave dish antennas, and omni- directional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations. 4. "Applicant" (owner, licensed contractor, and/or lesseel means a person or entity with property owner authorization, with an application before the County for a permit for a wireless service facility. 5. "Broadcasting Facility" means any telecommunications tower built primarily for the purpose of broadcasting AM, FM or television signals. 6. "Building -permit Review" means a review for compliance with building constructions standards adopted by the County under Chapter 553 and Chapter 13 of the County Land Development Code and does not include a review for compliance with land development regulations. 7. "Carrier" means a company licensed by the Federal Communications Commission (FCC) that provides wireless services. A tower builder or owner is not a carrier unless licensed to provide wireless services. 8. "County" means the County of St. Lucie, a political subdivision of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form. 9. "Collocation" means the situation when a second or subsequent wireless carrier use an existing structure to locate a second or subsequent antennas. The term includes the ground platform, or roof installation of equipment enclosures, cabinets, or buildings, and cables brackets, and other equipment associated with the location and operation of the antenna. 10. "Equipment Building" means the cabinets, shelter, building or other such structure which contains the electronic equipment used in the operation of the antenna. Unless, the context indicates otherwise, the term includes generators, generator fuel supplies, cable connections and supports electrical panels and similar accessory components. 11. "Essential Services" means_ those services provided by the County and other governmental entities that directly relate to the health and safety of its residents, including fire, police and rescue. 6 Atr • h portions are deleted. 08-008 Clean Underlined portions are added, 12, "Existing Structure" means a structure that exists at the time an application for permission to place antennas on a structure is filed with the County. The term includes any structure that can structurally support the attachment of antennas in compliance with applicable codes. 13. "FAA" means the Federal Aviation Administration. 14. "Fair Market Value" means the price at which a willing seller, or telecommunications tower owner, and willing buyer, or service provider seeking to rent space on owners' telecommunications tower, will trade. 15, "FCC" means the Federal Communications Commission. 16. "Guyed Tower" means a telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors. 17. "Height" when referring to a telecommunications tower or other related structure, means the vertical distance measured from the finished grade of the parcel to the highest point on the telecommunications tower or other related structure, including the base pad and any antenna. 18. "Historic Building, Resource, Structure, Site, Object, or District" means any building, resource, structure, site, object, or district that has been officially designated as a historic building, historic resource, historic structure, historic site, historic object, or historic district through a federal, state or local designation program. 19. "Land Development Regulations" means any ordinance enacted by the County for the regulation of any aspect of development, including zoning, subdivisions, landscaping, tree protection, or signs, the County's comprehensive plan, or any other ordinance concerning any aspect of the development of land. The term does not include any building construction standard adopted under and in compliance with Chapter 553, 20. "Lattice Tower" means a telecommunications tower that is constructed to be self-supporting by lattice type supports and without the use of guy wires or other supports. 21. "Microwave Dish Antenna" means a dish -like antenna used to link 08-008 Clean 7 portions are deleted. Underlined portions are added. telecommunications sites together by wireless transmission and/or receipt of voice or data. 22. "Monopole Tower" means a telecommunications tower consisting of a single pole or spire self -supported on a permanent foundation, constructed without guy wires, ground anchors, or other supports. 23. "Pre -Existing Towers and Pre -Existing Antennas" means any telecommunications tower or antenna for which a building permit or special use permit has been properly issued and finalized prior to the effective date of this Ordinance, including permitted telecommunications towers or antennas that have not yet been constructed so long as such approval is current and not expired. 24. "Search Area" means the geographic area, in which a telecommunications facility must be located in order to provide coverage of the applicant/tenant's designed service areas certified by an affidavit of a Radio Frequency Engineer. 25. "Whip Antenna" means a cylindrical antenna that transmits signals in 360 degrees. 26. "Wireless Telecommunications Service" means "commercial mobile radio service" as provided under ss. 3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, August 10, 1993, 107 Stat. 312. The term includes service provided by any wireless real-time two-way communication device, including radio -telephone communications used in cellular telephone service; personal communications service; or the functional or competitive equivalent of a radio -telephone communications line used in cellular telephone service, a personal communications service, or a network radio access line. The term does not include wireless providers that offer mainly dispatch service in a more localized, noncellular configuration; providers offering only data, one-way, or stored - voice services on an interconnected basis; providers of air -to -ground services; or public coast stations. 27. "Wireless or Telecommunications Tower" means any structure, and support thereto, designed and constructed primarily for the purpose of supporting one or more antennas intended for transmitting_ or receiving wireless telecommunications services, telephone, radio and similar communication purposes, including lattice, monopole and guyed telecommunications towers. Unless otherwise expressly excluded, the term includes transmission telecommunications towers microwave telecommunications towers common- 8 �*-,•gig; portions are deleted. 08-008 Clean Underlined portions are added. carrier telecommunications towers, cellular telephone telecommunications towers, alternative telecommunications tower structures, among others. 28. "Wireless Communications or Telecommunications Facility" means any equipment or facility used to provide wireless telecommunications service and may include, but is not limited to, antennas, towers, equipment enclosures, cabling, antenna brackets, and other such equipment. Placing a wireless communications facility on an existing structure does not cause the existing structure to become a wireless communications facility. Such definition shall not include facilities of a governmental entity where such facilities are utilized to provide intra-governmental communications, not generally available to the public, to protect the health, safety and welfare of the public, including but not limited to the South Florida Water Management District. 8-.C. GENERAL: Telecommunications towers may be located as a permitted use in the "AG-5" Agricultural-5, "IL" Industrial Light, "IH" Industrial Heavy, and "U" Utility Zoning Districts subject to the requirements of #e Section 7.10.23. Telecommunications towers may be located as a conditional use, subject to the requirements of Section 7.10.23 and Section 11.07.00, in all remaining zoning districts. 2. Telecommunications towers may be located as a permitted use on the some property as another use. A different existing use on the same lot or parcel that is proposed to have a telecommunications tower located on it shall not preclude the installation of that telecommunication tower if the other requirements of this section can be met. 3. Broadcasting Facilities/Amateur Radio Station Operators/Receive Only' Antennas. This Ordinance will not govern any telecommunications tower, or the installation of any antenna, that is for the use of a broadcasting facility or is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receiving only antennas. -4. Collocation of telecommunications antennas by more than one provider on existing telecommunications towers shall take precedence over the construction of new telecommunications towers. Accordingly, each application shall include a written report certified by a professional engineer licensed to practice in the state of Florida, stating that the 9 through portions are deleted. 08-008 Clean Underlined portions are added. applicant has reviewed the County's inventory of existing towers, antennas and approved sites within the search area for collocation opportunities on an existing site, and that no existing tower or structure within 1/2 mile of the proposed site can accommodate, or be modified to accommodate the applicant's proposed facility. 5. Inventory of Existing Sites Within Seep& Area: 08-008 Clean a. Each applicant shall review the County's inventory of existing towers, antennas, and approved sites within the seer-'- aree. All requests for sites other than the inventory shall include specific information concerning the location, height, and design of the proposed telecommunications tower. No new telecommunications tower wh+Eh is more *hen ene hundred f if ty (150) f eet in height within ene mile-O shall be approved unless the applicant demonstrates to the reasonable satisfaction of the County that no existing tower, structure or economically or technically feasible alternative technology that does not require the use of new telecommunications tower or new structures can accommodate, or be modified to accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing telecommunications tower structure or alternative e'.z technology is suitable shall may consist of any of the following: I. An affidavit demonstrating that the applicant made diligent efforts for permission to install or collocate the applicant's telecommunications facilities on County owned telecommunications towers or usable antenna support located within a one-half (1/2) mile radiuses of the proposed telecommunications tower site. ii. An affidavit demonstrating that the applicant made diligent efforts to install or collocate the applicant's telecommunications facilities on towers or useable antenna support structures owned by other persons located within a one-half (1/2) mile radius of the proposed telecommunications tower site. 10 Sfr-l( *HP-9h portions are deleted. Underlined portions are added. 2L.iii. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. 34v_. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. 4vv; The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. 5-vi. The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable. 6-vii. The applicant demonstrates that alternative technology used in the wireless telecommunications business and within the scope of applicant's FCC license, is economically or technically not feasible. b. The County may share such information as provided in Sections 7.10.23(6I)(2)(a) with other applicants applying for a permitted use on private property and conditional use under this section or other organizations seeking to locate antennas within the jurisdiction of the County provided, however, that the County is not, by sharing such information, in any way representing or warranting that such information is accurate or that such sites are available or suitable. 4.6. No signals, artificial lights, or illuminations shall be permitted on any tower or antenna unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the Views #rem surrounding prsepei4ies views. &7. Other than warning signs, no signs, including commercial advertising, logos, -Streek through it portions are deleted. 08-008 Clean Underlined portions are added. political signs, flyers, or banners shall be allowed on any part of a telecommunications tower. Any signs placed in violation of this section shall be removed at the expense of the owner. All warning signage shall conform with the requirements of Chapter 9.00.00 of this Code. Notwithstanding those requirements, the following provisions shall apply: a. The warning signs may be attached to free standing poles if the content of the signs may be obstructed by landscaping. b. The County reserves the right to modify or waive the above requirements to avoid visual clutter and to better apply the goals of this section. C. Warning signs shall include the name of the owner(s) and operators and a twenty-four (24) hour emergency telephone number posted adjacent to the gate. d. If high voltage is necessary for the operation of the telecommunications tower or any accessory structures, "HIGH VOLTAGE --DANGER" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than forty (40) feet apart. e. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and spaced no more than forty (40) feet apart. f . The height of the lettering of the warning signs shall be at least twelve (12) inches in height. The warning signs shall be installed at least five (5) feet above the finished grade. 6- 7-.8. Parking shall be in compliance with Section 7.05.00 and 7.06.00 of this Code. 9-.9. All telecommunications towers, and the accessory building(s) and/or equipment associated with the towers, shall be enclosed by o a ue security fencing eight (8) feet in height and the tower shall be equipped with an appropriate anti climbing device, regardless of the zoning district in which 08-008 Clean 12 Strdcl threugh portions are deleted. Underlined portions are added. the tower is located-, provided, however, the County may waive such requirements. 940. Telecommunications tower setbacks and separations standards, as provided in Sections 7.10.23(M) and 7.10.23(N)(1) of this Code shall be calculated and applied to telecommunications tower facilities located in the County irrespective of municipal and county jurisdictional boundaries. 49,11. Telecommunications towers shall be regulated and permitted pursuant to this Section and shall not be regulated as essential services, public utilities, or private utilities. 44-12. Owners and/or operators of towers shall certify that all licenses required by law for the construction and/or operation of a wireless communications system in the County have been obtained and shall file a copy of all required licenses with the County. 6-D. WINN& GODEWSAFEW STANDARD APPLICATIONS FOR NEW WIRELESS TELECOMMUNICATIONS TOWERS: 1. The County shall grant or deny each properly completed application for any wireless communications facility, not otherwise subject to Sec. K. based on the applicant's compliance with the County's applicable regulations, including but not limited to land development regulations, consistent with this subsection and within the normal time frame for a similar type of review but in no case later than ninety (90) business days after the date the application is determined to be properly completed in accordance with this paragraph. 2. An application is deemed submitted or resubmitted on the date the application is received by the County. If the County does not notify the applicant in writing that the application is not completed in compliance with the County's regulations within twenty (20) business days after the date the application is initially submitted or additional information resubmitted, the application is deemed, for administrative purposes only, to be properly completed and properly submitted. However, the determination shall not be deemed as an approval of the application. If the application is not completed in compliance with the County's regulations, the County shall so notify the applicant in writing and the notification must indicate with specificity any deficiencies in the required documents or deficiencies in the content of the required documents or deficiencies in the content of the required documents which, if cured, make the application properly 13 Straclt#kret-gh portions are deleted. 08-008 Clean Qnjeri inij portions are added. completed. Upon resubmission of information to cure the stated deficiencies, the County shall notify the applicant, in writing, within the normal time frame of review, but in no case longer than twenty (20) business days after the additional information is submitted, of any remaining deficiencies that must be cured. Deficiencies in document type or content not specified by the County do not make the application incomplete. Notwithstanding this subparagraph, if a specified deficiency is not properly cured when the applicant resubmits its application to comply with the notice of deficiencies, the County may continue to request the information until such time as the specified deficiency is cured. The Count' may establish reasonable time frames within which the required information to cure the application deficiency is to be provided or the application will be considered withdrawn or closed. 3. If the County fails to grant or deny a properly completed application for a wireless communications facility within the time frames set forth in this Section D, the application shall be deemed automatically approved and the applicant may proceed with placement of such facilities without interference or penalty. The time frames specified in this Section D may be extended only to the extent that the application has not been granted or denied because the County's procedure generally applicable to all other similar des of applications permits, require action by the Board of County Commissioners and such action has not taken place within the time frames specified in this Section 5. Under such circumstances, the County will act to either grant or deny the application of its next regularly scheduled meeting or otherwise, the application is deemed to be automatically approved. Applicants regulated by this Ordinance may request a pre application conference with the County. Such request shall be submitted with a non refundable fee of Five Hundred Dollars ($500.00) to reimburse the County for the cost and fees incurred by the conference. GE. BUILDING CODES/SAFETY STANDARDS: The construction, maintenance, operation and repair of telecommunications facilities are subject to the supervision of the County to the extent not otherwise prohibited by Ch. 365.172 FL. STAT., and shall be performed in compliance with all applicable laws, ordinances, departmental rules and regulations and practices affecting such structures including, but not limited to, zoning codes, building codes, and safety codes, and as provided below. 1. All telecommunications towers must meet or exceed current standards and 08-008 Clean 14 Strurk *H ,Pe-nh portions are deleted. Underlined portions are added. regulations of the FAA, the FCC, including radio frequency emission standards and regulations of the state or federal government with the authority to regulate towers prior to issuance of a building permit by the County. If such applicable standards and regulations are changed, then the owners of the telecommunications towers governed by this Ordinance shall bring such towers and antennas into compliance with such revised standards within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Unless otherwise prohibited by applicable federal or state law, failure to bring -towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower at the expense of the owner. 2. To ensure the structural integrity of telecommunications towers, the owner shall construct and maintain the telecommunications tower in compliance with all applicable building codes, other applicable codes and standards as amended from time to time. A statement shall be submitted to the County by a professional engineer certifying compliance with this subsection. Where a preexisting structure, including light and power poles, is requested as a camouflage facility by the owner, the facility, and all modifications thereof, shall comply with all Building-Eede requirements as provided in this section. 3. Although the County will not require wireless providers to provide evidence of a wireless communications facility's compliance with federal regulations except evidence of compliance with applicable Federal Aviation Administration requirements . and evidence of proper FCC license or other evidence of FCC authorized spectrum use. the County may request the FCC to provide information as to a wireless provider's compliance with federal regulations, as authorized by federal law. 9F. REQUIREMENT OF SITE PLAN AND ENGINEERING REPORT. All applicants for new towers and towers which are modified or reconstructed to accommodate additional antennas shall submit a written report certified by a professional engineer licensed to practice in the State of Florida. The report shall include: all information required by Section 11.02.09 A (1) (2) (3) and (5) of the Land Development Code of St. Lucie County except to the extent such information is determined to be not applicable by the Building Department or otherwise prohibited by applicable state or 15 6trwe1(*hreu9b portions are deleted. 08-008 Clean Underlined portions are added. federal law. In addition, the report shall include the following: 08-008 Clean A site plan of the property within 300% percent of the tower height of the tower drawn to scale prepared in accordance with the requirements of Section 11.02.00 of this Code, including, but not limited to: a. Site plan development consistent with Section 11.02.00 including i. A tax parcel number, legal description of the parent tract and leased parcel, total acres, and Section/Township/Range of the subject property_ ii. The lease parcel fully dimensioned, including property lines, setbacks, roads on or adjacent to the subject property, easements; iii. Outline of all existing buildings, including a purpose (i.e., residential buildings, garages, accessory structures, etc.) on subject property located within 300% of the tower height from the tower; iv. All existing vegetation, by mass or individually by diameter, measured four feet from the ground of each stand-alone tree on the subject property located within 300% of the tower height of the tower V. Proposed/existing security barrier, indicating type and extent as well as point of controlled entry; vi. Proposed/existing access easements, utility easements, and parking for the telecommunications tower; vii. All proposed changes to the subject property, including grading, vegetation removal, temporary or permanent roads and driveways, storm water management facilities and any other construction or development attendant to the telecommunications tower; 16 ugh portions are deleted. Underlined portions are added. viii. If applicable, on -site and adjacent land uses. and Comprehensive Plan classification of the site. 2. Type of tower and specifics of design. a. Scaled renderings of elevations depicting the design of the tower and associated equipment including but not limited to the antennas, mounts, equipment shelters, cable as well as cable runs, fencing-, landscaping and security barrier, if and b. Materials of the proposed tower specified by generic type and specific treatment (i.e., anodized aluminum, stained wood, painted fiberglass, etc. These shall be provided for the antennas, mounts equipment shelters, cable as well as cable runs, and security barrier, if any; C. Colors of the proposed tower represented by a color board or equivalent showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment buildings, cable as well as cable runs and security barrier, if any; d. Dimensions of the tower specified for all three directions: height width and breadth. These shall be provided for the antennas mounts, equipment shelters and security barrier, if any; and e. A visual impact analysis, with a minimum of two (2) photo digitalization or photographic superimpositions of the tower within the subject property. The photo digitalization or photographic superimpositions shall be provided for all attachments, including: the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any for the total height, width and breadth, as well as at a distance of two hundred fifty (250) feet and five hundred (500) feet from all properties within that range, or at other points agreed upon in a pre -application conference. portions are deleted. 08-008 Clean Underlined portions are added. asseeiated building and equipment eentainees, that indieetes hew the 4.3. If applicable, Aa narrative of why the proposed tower cannot comply with the requirements as stated in this section, if applieeble. &4. Prior to issuance of a permit, current wind -loading capacity and a projection of wind -loading capacity using different types of antennas as contemplated by the applicant. No telecommunications tower shall be permitted or be permitted to be modified so as to exceed its wind -loading capacity. 6-5. A statement that the proposed tower, including reception and transmission functions, will not interfere with the customary transmission or reception of radio, television or similar services as well as other wireless services enjoyed by adjacent residential and nonresidential properties. 7-6. A statement of compliance with Section 7.10.23(4 Eft all applicable Building Codes, associated regulations and safety standards. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the telecommunications tower. Except where provided in Section 7.10.23($C)(3)(a), all towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall -be able to accommodate two (2) users and, at a minimum, self support/lattice or guyed towers shall be able to accommodate .three (3) users. 9-7. Any additional information reasonably deemed necessary by the County to assess compliance with this Code and applicable law. 8. Special fee. The County shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for individual towers. The special fee shall be based upon the hourly rate of the independent technical consultant or expert the County deems necessary to properly evaluate applications for a tower or towers. The special fee shall be applied to those applications requiring special review or evaluation. The special fee shall be paid by the applicant to the County. 08-008 Clean 18 S#�aek #krec�i portions are deleted. Underlined portions are added. ". AESTHETICS. All telecommunications towers and antennas shall meet the following requirements_ 1. At a telecommunications tower site, the design of the buildings and related structures shall use materials, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize the visual impact. Towers and any accessory buildings shall retain their silver/grey factory finish, or subject to any applicable standards of the FAA, be finished or painted in stealth or neutral tone colors, so as to reduce visual obtrusiveness. 2. Except as noted in paragraph 3 and 4 below; all telecommunications tower sites must comply with the landscaping and screening requirements of the Land Development Code. The Environmental Resources Director shall require landscaping in excess of any written requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses. All landscaping shall be properly maintained to ensure good health and viobility at the expense of the owner. Telecommunications tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the telecommunications tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least ten (10) feet wide outside of the perimeter of the compound, except that, if the tower perimeter abuts a public or private street or road right-of-way, the minimum buffer width shall be fifteen (15) feet. Existing mature growth, not including exotics, and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. The Gemmunity beyelopment Environmental Resources Director shall be responsible for determining if the existing native perimeter vegetation meets the intent of this Code. All areas disturbed during project construction shall be replanted with vegetation according to Section 7.09.00, of this Code. 08-008 Clean If an antenna is installed on a structure other than a telecommunications tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related 19 Struck threugh portions are deleted. Underlined portions are added. equipment as visually unobtrusive as possible. -3.4. The Board of County Commissioners may consider total or partial relief from the required perimeter landscaping requirements of Paragraph 2 above, if the proposed Telecommunications Tower meets the all of the following standards and criteria: a. The Telecommunications Tower is located in an AG-5, AG-2.5, AG-1, IL, IH or U Zoning district. b. The proposed Telecommunications Tower is located a minimum of 1000 feet, or the tower height, whichever is greater, from the nearest public street or road right-of-way, public park or playground, pubic or private school (primary or secondary educational facility), habitable residential structure or any area zoned for residential or commercial uses. For the purpose of this paragraph this restriction shall apply to all properties regardless of political boundary. C. The proposed Telecommunications Tower base must be screened from view by either existing vegetation, intervening buildings, structures or other physical or made features meeting the intent of this code. d. It is demonstrated to the satisfaction of the Board of County Commissioners that the planting of any vegetation would result in the high probability of general plant mortality due to unacceptable soil conditions that cannot otherwise be resolved through replacement of the soil or other form of soil treatment. In considering any request for relief under the provisions of this section, the Board of County Commissioners may impose reasonable limiting conditions associated with that relief. 4.5. The provisions of this paragraph shall not apply to wireless facilities erected or attached to any existing telecommunications tower or existing building or structure except that any support buildings or structures for the additional antenna or antenna arrays must be screened compliant with the intent of this code. 08-008 Clean 20 stpur'�g portions are deleted. Underlined portions are added. 5.6. The County reserves the right to require that any new towers be designed as an alternative tower structure.. F H. SECURITY FUND. Every Telecommunications service provider shall establish a cash security fund, or provide the County with an irrevocable letter of credit in the same amount, to secure the cost of removing an antenna, antenna array, or tower that has been determined to be abandoned under Section 7.10.23(P Q), in the event the owner fails to comply with the provisions of Section 7.10.23(P CQ). The amount of the cash security fund, letter of credit, or, bond is to be provided as follows: 1. For each commercial telecommunication i 5,000 $25,000 tower and the initial set of antenna or antenna array 2. For each co -located telecommunication $19A6 $5,000 providers antenna or antenna array &J. GENERAL REQUIREMENTS FOR THE LOCATION OF NEW WIRELESS TELECOMMUNICATIONS TOWERS ON COUNTY PROPERTY In addition to the other standards of this section, every new telecommunications tower proposed for location on any property owned, leased, and/or controlled by St. Lucie County shall be subject to the following minimum standards: 1. Lease Required. Any new construction, installation or placement of a telecommunications facility on any property owned, leased, and/or controlled by the County shall require a Lease Agreement executed by the County and the owner of the facility. The County may require, as a condition of entering into a Lease Agreement with a telecommunications services provider, the dedication of space on the facility for public health and safety purposes, as well as property improvements on the leased space. Any dedications and improvements shall be negotiated prior to execution of the lease. 4-. 2. Incentive to collocate facilities on County property. 21 ugh portions are deleted. 08-008 Clean Underlined portions are added. Pursuant to the intent of this Ordinance, the County shall provide the following incentives to tenants in order to encourage the collocation of telecommunications facilities: a. Tenants seeking to co -locate shall not pay rent to the facility owner in excess of the fair market value for the space, as determined at the time of execution of the lease. b. The County shall receive a percentage of the rental fees and permit fees received by the telecommunications facility operators from each subsequent tenant at a single telecommunications facility located on public property. Fees for placement, installation and use of telecommunications towers and antennas shall be determined by resolution of the Board. C. No lease or sublease granted under this section shall convey any exclusive right, privilege, permit or franchise to occupy or use the public lands of the County for delivery of telecommunications services or any other purpose. d. No lease granted under this section shall convey any right, title, or interest in the public lands other than a leasehold interest, but shall be deemed only to allow the use of the public lands for the limited purpose and term stated in the lease agreement. No lease granted under this section shall be construed as a conveyance of a fee title interest in the property. e. The Board of County Commissioners shall adopt by resolution a standard fee schedule to be used in the calculation of lease rates for the use of County property for establishing a telecommunications tower site. 6:3. Indemnification and insurance requirements Indemnification a. The County shall not enter into any lease agreement or otherwise allowing tower siting by a telecommunications service provider until 22 s�#ree ##treagkt portions are deleted. 08-008 Clean Underlined portions are added. 08-008 Clean and unless the County obtains an adequate indemnification from such provider. This indemnification must at least: (1) Release the County from and against any and all liability and responsibility in or arising out of the constructions, operation, or repair of the telecommunications facility. Each telecommunications facility operator must further agree not to sue or seek any money or damages from the County in connection with the above mentioned matter; (2) Indemnify and hold harmless the County, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorney's fees, liabilities, damages, orders, judgments or decrees, sustained by the County or any third party arising out of, or by reason of, or resulting from, or out of each telecommunications facility operator's, or its agent's, employee's, or servant's negligent acts, errors, or omissions; and, (3) Provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the responsibility of the party to indemnify. Insurance a. The County may not enter into any lease agreement, or otherwise authorize a tower site by any telecommunications service provider until and unless the County obtains assurance that such operator (and those acting on its behalf) have adequate insurance as determined by the County Personnel/Risk Manager. At a minimum, the following insurance requirements shall be satisfied: (1) A telecommunications facility operator shall not commence construction or operation of the facility without obtaining all insurance required under this section and approval of such insurance by the County Personnel/Risk Manager, nor shall a 23 ugh portions are deleted. Underlined portions are added. telecommunications facility operator allow any contractor or subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved by the County Personnel/Risk Manager. The required insurance must be obtained and maintained for the entire period the telecommunications facility is in existence. If the operator, its contractors or subcontractors do not have the required insurance, the County may order such entities to cease operation of the facility until such insurance is obtained and approved. (2) Certificate(s) of such insurance, reflecting evidence of the required insurance shall be filed with the County Personnel/Risk Manager. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. (3) The certificates) of insurance shall contain a provision that coverages afforded under such policies shall not be cancelled until at least thirty (30) days prior written notice has been given to the County. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. (4) Where applicable, in the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the term of the lease agreement with the County, then in that event the telecommunications facility operator shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage remains in effect for the balance of the lease term. b. A telecommunications facility operator and its contractors or subcontracts engaged in work on the operator's behalf, shall maintain minimum insurance, in the amounts determined by the County Personnel/Risk Manager, to cover liability, bodily injury and property 24 ss*pur',#kwe�kr portions are deleted. 08-008 Clean Underlined portions are added. damage. The insurance shall cover the following exposures: premises, operations, and certain contracts. Such coverage shall be written on an occurrence basis and shall also be required under any lease agreement between the County and the telecommunications facility operator. H-T. INITIAL WIRELESS TELECOMMUNICATIONS ANTENNAS ON EXISTING STRUCTURES. Any telecommunications antenna which is not attached to a tower shall be approved by the Gemmunity beyelepment Building Director as an accessory use to any commercial, industrial, institutional, or multi -family structure of three (3) or more stories provided: 1. The antenna does not extend more than twenty (20) feet above the highest point of the structure; and 2. The antenna complies with all applicable FCC and FAA regulations and all applicable building codes; and 3. Wall -mounted antennas shall be located as close as possible but no more than four (4) feet from the face of the wall of the building to which it is attached; and 4. To minimize adverse visual impacts, antenna types shall be selected based upon the following priority: (1) camouflage; (2) whip; (3) panel; and, (4) dish. An applicant for the construction of a telecommunications tower shall state in writing why each choice cannot be used for a particular application if that choice is not the top priority; and 5. Microwave dish antennas located less than sixty-five (65) feet above the ground may not exceed six (6) feet in diameter. Microwave dish antennas located sixty-five (65) feet and higher above the ground may not exceed eight (8) feet in diameter. Ground -mounted dish antennas must be located or screened so as not to be visible from abutting public streets; and 6. No signals, lights, or illumination shall be permitted on an antenna or equipment building unless required by the Federal Communications Commission or the Federal Aviation Administration. Security lighting around the base of the antenna and equipment building may be provided if such light 08-008 Clean 25 portions are deleted. Underlined portions are added. conforms to the overspill requirement in the County Code. I.K. COLOCATION OF WIRELESS ANTENNAS ON EXISTING TOWERS AND STRUCTURES An antenna which is attached to an existing tower shall be approved provided such collocation is accomplished in a manner consistent with the following: 1. a. The County shall grant or deny each properly completed application, as provided in this Section, for the collocation of a wireless communications facility within the County's jurisdiction within the normal time frame for a similar building permit review but in no case later than forty-five (45) business days after the date the application is determined to be properly completed in accordance with the County's application procedures provided the following. 08-008 Clean b. Collocations on towers, including non -conforming towers that meet the requirements in subparagraphs b(i) through b(iii) below, are subject to only building permit review, which may include a review for compliance with this subparagraph, such collocations are not subject to any design or placement requirements of the County's land development regulations in effect at the time of the collocation that are more restrictive than those in effect at the time of the initial antennas placement approval, to any other portion of the land development regulations, or to public hearing review. This subparagraph shall not preclude a public hearing for any appeal of the decision on the collocation application, provided the following: i. The collocation does not increase the height of the tower to which the antennas are to be attached, measured to the highest point of any part of the tower or any existing antenna attached to the tower; and ii. The collocation does not increase the ground space area, commonly known as the compound, approved in the site plan for equipment enclosures and ancillary facilities; and iii. The collocation consists of antennas, equipment enclosures, and ancillary facilities that are of a design and configuration 26 q*Pwr'(*hPRagh portions are deleted. Underlined portions are added. 08-008 Clean consistent with all applicable regulations, restrictions, or conditions, if any, applied to the initial antennas placed on the tower and to its accompanying equipment enclosures and ancillary facilities and, if applicable, applied to the tower supporting the antenna. Such regulations may include the design and aesthetic requirements, but not procedural requirements, other than those authorized by this section, of the County's land development regulations in effect at the time the initial antennas placement was approved. c_ Except for a historic building, structure, site, object, or district, , a collocation on all other existing structures that meet the requirements in subparagraphs C (i) through (iv) below shall be subject to no more than building permit review, and an administrative review for compliance with this subparagraph. Such collocations are not subject to any portion of the County's land development regulations not addressed herein, or to public hearing review. Nothing herein shall preclude a public hearing for any appeal of the decision on the collocation application; The collocation does not increase the height of the existing structure to which the antennas are to be attached, measured to the highest point of any part of the structure or My existing antenna attached to the structure; ii. The collocation does not increase the ground space area, otherwise known as the compound, if any, approved in the site plan for equipment enclosures and ancillary facilities; The collocation consists of antenna, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with any applicable structural or aesthetic design requirements and any requirements for location on the structure, but not prohibitions or restrictions on the placement of additional collocations on the existing structure or procedural requirements, other than those authorized by this section, of the County's land development regulations in effect at the time of the collocation application; and 27 engh portions are deleted. Underlined portions are added. 08-008 Clean iv. The collocation consists of antenna, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with all applicable restrictions or conditions, if any, that do not conflict with subparagraph (c) and were applied to the initial antenna placed on the structure and its accompanying equipment enclosures and ancillary facilities and, if applicable, applied to the structure supporting the antennas. d. Regulations, restrictions, conditions, or permits of the County, acting in its regulatory capacity, that limit the number of collocations or require review processes inconsistent with this subsection, shall not apply to collocations addressed in this paragraph. e, If only a portion of the collocation does not meet the requirements of this subparagraph, such as an increase in the height of the proposed antenna over the existing structure height or a proposal to expand the ground space approved in the site plan for the equipment enclosure, where all other portions of the collocation meet the requirements of this subparagraph, the portion of the collocation only may be reviewed under the County's regulations applicable to an initial placement of that portion of the facility, including, but not limited to, its land development regulations, and within the review time frame specified in Section D for the placement of new towers. The rest of the collocation shall be reviewed in accordance with this subparagraph. A collocation proposed under this subparagraph that increases the ground space area, otherwise known as the compound, approved in the original site plan for equipment enclosures and ancillary facilities by no more than a cumulative amount of four hundred (400) square feet or fifty percent (50%) of the original compound size, whichever is greater, shall, however, require no more than administrative review for compliance with the County's regulations including, but not limited to, land development regulations review, and building_ permit review, with no public hearing. This subparagraph shall not preclude a public hearing for any appeal of the decision on the collocation application. f. If a collocation does not meet the requirements of subparagraph K.l.b. and c. the County may review the application under the County's regulations, including, but not limited to, land development 28 ugh portions are deleted. Underlined portions are added. regulations, applicable to the placement of an initial antennas and its accompanying equipment enclosure and ancillary facilities. 9: If a collocation meets the requirements of subparagraph U.b, and c the collocation shall not be considered a modification to an existing structure or an impermissible modification of a nonconforming structure. h. The owner of the existing tower on which the proposed antennas are to be collocated shall remain responsible for compliance with any applicable condition or requirement of a permit or agreement, or any applicable condition or requirement of the land development regulations to which the existing tower had to comply at the time the tower was permitted, including any aesthetic requirements, provided the condition or requirement is not inconsistent with this paragraph. i. An existing tower, including a nonconforming tower, may be structurally modified in order to permit collocation or may be replaced through no more than site plan and building permit review process for approval, and is not subject to public hearing review, if the overall height of the tower is not increased and, if a replacement, the replacement tower is a monopole tower or, if the existing tower is a camouflaged tower, the replacement tower is a like -camouflaged tower. The subparagraph shall not preclude a public hearing for any appeal of the decision on the application. 2. An existing tower may be modified or rebuilt up to the some height or to a taller height, to accommodate the collocation of an additional antenno(s), only if the modification or reconstruction is in full compliance with the Building Code and requirements consistent with the original site approval process including but not limited to submission of a site planStenderd Building Gede. This provision shall include utility and power poles. This additional height shall not require an additional separation as set forth in Section 7.10.23(N). The pre -modification tower height shall be used to calculate such distance separations. 3. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within fifty (50) feet of its existing location, subject to applicable setback and separation requirements. A relocated on site tower shall continue to be measured from the original 08-008 Clean 29 "*F- -e'( #kreagk portions are deleted. Underlined portions are added. tower location for purposes of calculating separation distances between towers pursuant to Section 7.10.23(LN) and shall in no way be deemed to cause a violation of Section 7.10.23(6N). A tower which previously received a conditional use approval may be rebuilt according to the conditions under which the conditional use was approved. 4. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. The initial tower shall be removed within thirty (30) days of the final inspection for the new tower. 5. Microwave dish antennas located less than sixty-five (65) feet above the ground may not exceed six (6) feet in diameter. Microwave dish antennas located sixty-five (65) feet and higher above the ground may not exceed eight (8) feet in diameter. Ground -mounted dish antennas must be located or screened so as not to be visible from abutting public streets. J:-L. ROOFTOP MOUNTED TELECOMMUNICATIONS TOWERS AND ANTENNAS. All rooftop towers and antennas shall comply with the following requirements: 1. The height of any tower or antenna of the—'eweP, including support structures, shall not extend more than fifteen (15) feet above the average height of the roof line -.Land 2. Rooftop communication facilities shall not adversely affect adjacent properties -Land 3. Screening shall be required to minimize the visual impact upon adjacent . properties. K-. M. SETBACKS. The following setback requirements shall apply to all telecommunications towers for which a permit is required: 1. All telecommunications towers shall be setback from all property lines a minimum distance of the fall radius of the tower or the minimum setback for the zoning district whichever is greater. 08-008 Clean 30 *kreagh portions are deleted. Underlined portions are added. 2. The base of any guys and accessory buildings must satisfy the minimum zoning district setback requirements. �N. SEPARATION/HEIGHT: 1. The following separation requirements shall apply to all telecommunications towers for which a building permit is required: 4-.a. Separation from off-site/designated areas: eJ. Telecommunication -Ttower separation shall be measured from the base of the telecommunication tower to the lot line of the off -site and/or designated areas as specified in Table 7-40, except as otherwise provided in Table 7-40. 4972. The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing telecommunications tower(s) and the owner/operator of the existing telecommunications tower(s), if known: 3. Separation requirements for towers shall comply with the minimum standards established in Table 7-40. Table 7-40 From any habitable residential structure 200% of telecommunications tower (except for accessory security residences in height, whichever is greater IL, IH and U zoning districts From vacant residentially zoned land From any non -residentially zoned land and accessory security residences in IL, IH and U zoning districts 200% of telecommunications tower height, whichever is greater I Fall radius or zoning setback , whichever is greater Separation measured from base of telecommunications tower to closest building setback line. 08-008 Clean 31 Streek threugh portions are deleted. Underlined portions are added. 08-008 Clean 4. Separation distances between telecommunications towers shall be applicable for and measured between the proposed telecommunications tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the pre-existing telecommunications tower and the proposed base, pursuant to a site plan, of the proposed telecommunications tower. The separation distance shall be a minimum of one (1) mile, regardless of type of towers. ,`5. The Board of Adjustment may approve variances from the separation requirements to habitable residential structures, and to vacant residentially zoned land, provided that no variance shall permit a separation distance of less than that required from non-residential land. 6. The Board of Adjustment shall not approve a variance except upon specific written findings of fact based directly upon the particular facts submitted to them showing that. Via. A literal interpretation of the provisions of Table 7-40 would render the applicant in violation of applicable law or would preclude provision of service in the desired area.. 2-.b. The granting of the variance will not be detrimental or injurious to surrounding properties, and will not endanger public safety. Vic. The variance is the minimum variance that will make possible reasonable use of the land, building, and structures; and 4 cl. The variance requested arises from a condition that is unique and peculiar to the land involved and that it is created by the conditions of this Code and not by the actions of the property owner or applicant. 32 S##kPeagk portions are deleted. Underlined portions are added. 08-008 Clean a The above standards of review are in addition to those general standards set out in Section 10.01.02 of this Code 22.b. Separation distances between telecommunications towers. a-1. The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known. b- . Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the center of the base of the existing tower and the center of the base of the proposed tower, pursuant to a site plan. E-3. Each applicant shall review the County's inventory of existing towers, antennas, and approved sites within the search area. All requests for sites other than the inventory shall include specific information concerning the location, height, and design of the proposed tower. No new tower �••'�,.h is me-e then )ene hundred fifty (150) feet in height shall be permitted within one mile of an existing tower whieh is-epe unless the applicant demonstrates to the reasonable satisfaction of the County that no existing tower, structure or alternative technology that does not require the use of new towers or new structures can accommodate, or be modified to accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower structure or alternative technology is suitable may consist of any of the following: 4-.a. No existing tower or structure located within the search area has the capacity to provide reasonable technical service. fib. Existing towers or structures are not of sufficient 33-Strdek-through portions are deleted. Underlined portions are added. 08-008 Clean height to meet applicable requirements. 4-c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. 4d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antennas. Vie. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. b-f. The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable. d-4. The Board of Adjustment may approve variances from the separation requirement provided that the applicant meets all other provisions of Section 7.10.23(6N). e-5. The separation distance of one mile between towers shall not apply to properties that are proposed to be developed as a "telecommunications tower farm", in order to encourage clustering of telecommunications towers on a single property, provided that all other setback and separation standards as specified in this section are met. 6. Telecommunications towers shall be constructed in heights as provided below: a. For a single user, up to one hundred (100) feet in height; 34 S*waal( *kPeagh portions are deleted. Underlined portions are added. b. For two users, up to one hundred fifty (150) feet in height; c. For three or more users, up to two hundred fifty (250) feet in height; d. For the purpose of determining compliance with all requirements of this Section, measurement of telecommunications tower height shall include the telecommunications tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Telecommunications tower height shall be measured from grade. M-0 BUILDINGS AND EQUIPMENT STORAGE AREAS. It is recognized that each telecommunications tower will have some type of associated electronic support and equipment buildings at or near the tower. Depending on the type of tower being erected, the following general standards shall apply, in addition to the other general provisions of the code. 1. Rooftop mounted #ewers wireless facilities shall comply with the following requirements: 08-008 Clean a. Rooftop equipment/storage cabinets shall be set back a minimum of 15 feet from the edge of the roof or 1/4 of the distance along the perpendicular axis of the roof, whichever is less. b. All rooftop equipment buildings shall be finished, screened or designed so that they blend into the architecture of the building on which they are located. C. All equipment buildings shall meet all County design standards and comply with the building codes. d. No commercial advertising, including company name, shall be allowed on an antenna, screen or equipment building. L. No signals, lights, or illumination shall be permitted on an antenna or 35 Strueli threugh portions are deleted. Underlined portions are added. ee uipment building unless required by the Federal Communications Commission or the Federal Aviation Administration. Security lighting around the base of the antenna and equipment building may be provided if such light conforms to the overspill requirement in the County Code. f. The only signage that may be permanently attached to the building shall be for the purpose of identifying the party responsible for operation and maintenance of the facility, its address, and telephone number for safety and security and shall comply with this Code. g Mobile or stationary equipment not located within the building upon which the antenna is mounted, or in an equipment building or cabinet, shall not be stored or parked on the site of a building mounted antenna, unless repairs to the antenna are being made. 2. Antennas located on power poles, street lights or other utility poles shall comply with the requirements for collocations set forth herein and with the following requirements. a. Equipment/storage cabinets located on the ground in a public right of way shall not exceed a total of 25 square feet in area without administrative approval b. The height of any equipment/storage cabinet located on the ground in a public right of way shall not exceed five (5) feet without administrative approval. 3. Antennas located on towers shall comply with the following requirements: a. Equipment/storage facilities shall comply with the minimum building setback standards of the zoning district in which they are located. This requirement may be modified by the Board of Adjustment to encourage collocation. b. All equipment/storage facilities shall be screened in accordance with the general requirements of Section 7.09.00. 4. Generators may be used only when other power sources are not available, 08-008 Clean 36 thpnmh portions are deleted. Underlined portions are added. and as an emergency back-up power source. PAP. SUPPLEMENTAL REVIEW INFORMATION FOR WIRELESS TELECOMMUNICATIONS TOWER CONDITIONAL USE APPLICATIONS. In addition to the minimum standards of review set forth in this section, any application for a conditional use permit for the construction of a telecommunications tower shall address the following standards and requirements: 1. Compliance with the procedures and requirements of Section 11.07.00. -12. Availability of suitable existing towers, other structures, or economically and technically feasible alternative technologies not requiring the use of towers or structures. 2-3. Height of the proposed tower. &-4. Setback and separation distance between the proposed tower and the nearest residential units, residential district boundaries, and platted residentially zoned property, where applicable. 45. Typography of the area where the tower is proposed to be located. ?gib. Type, extent and density of existing native vegetation at the proposed site and the surrounding tree coverage and foliage. 67. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. Camouflage tower designs shall be encouraged as meeting this criterion. 7-.8. Proposed ingress and egress. 8:9. A non refundable fee of five hundred dollars ($500.00) to reimburse the County for the costs of reviewing the application. O.Q. REMOVAL OF WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS. Any telecommunications tower or antenna that is not operated for a continuous 08-008 Clean 37Strueli threugh portions are deleted. Underlined portions are added. period of twelve (12) months shall be considered abandoned, and the owner of such telecommunications tower or antenna shall remove the same within ninety (90) days of receipt of notice from the County notifying the owner of such abandonment. Failure to remove an abandoned telecommunications tower or antenna within the ninety (90) days shall be grounds for the County to remove the tower at the expense of the owner. If there are two (2) or more users of a single telecommunications tower, the telecommunications tower shall not be considered abandoned until all users cease using the telecommunications tower for a continuous period of twelve (12) months. FLA. PRE-EXISTING TELECOMMUNICATIONS TOWERS. Any telecommunications tower erected before September 2, 1997 shall be allowed to continue usages which existed on this date. Routine maintenance of the tower and its support facilities is allowed to continue. Any existing tower that does not meet the standards of this section shall not be required to meet these standards unless and until the tower is proposed for replacement. At the time any existing telecommunications tower is proposed to be replaced or substantially improved, then the requirements of this section shall apply to the extent not prohibited by Ch. 365.172 FL.Stat. INSPECTIONS, REPORTS, FEES, AND MONITORING. A4. Telecommunications tower owners shall submit a report to the GerAmunity DeyelepmenQ Building Department certifying structural and electrical integrity of the tower every fives years. The report shall be accompanied by a non refundable fee of two hundred dollars ($200.00) to reimburse the County for the cost of review. b:2. The County may conduct periodic inspections of telecommunications towers, at the owner's expense, to ensure structural and electrical integrity and compliance with the provision of this Ordinance. The owner of the telecommunications tower may be required by the County to have more frequent inspections should there be extraordinary conditions or other reason to believe that the structural and electrical integrity of the tower is jeopardized. There shall be a maximum of one inspection per year unless extraordinary conditions warrant. 08-008 Clean If, upon inspection, the County concludes that a tower fails to comply with 38 Stri #kpeagh portions are deleted. Underlined portions are added. applicable laws, codes, regulations or permits or constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such communications towers into compliance within thirty (30) days shall constitute grounds for the removal of the telecommunications tower or antenna at the owner's expense. thirty (30) deys, the owner shall Femeye ef the tewep et Ae ewnep's 'me. T. PENALTIES. Any person, firm or corporation who knowingly breaches any provision of this Section shall upon receipt of written notice from the County be given a time schedule to cure the violation. Failure to commence to cure within thirty (30) days and to complete a cure, to the County's satisfaction, within sixty (60) days, or such longer time as the County may specify, shall result in revocation of any permit or license and the County shall seek any remedy or damages to the full extent of the law. This shall not preclude other penalties allowed by law. PART B. 5EVERABILITY. The various parts, Sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, Section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. In the event of a subsequent change in applicable. law, so the provision which had been held invalid is no longer invalid the provision shall thereupon return to full force and effect without further action by the County and shall thereafter be binding under this Ordinance. PART C. INCLUSION IN THE CODE. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "5ection" or other appropriate word. 39 #hreegh portions are deleted. 08-008 Clean Underlined portions are added. PART D. PROVISIONS OF THIS SECTION TO CONTROL. Notwithstanding any contrary provisions of the County's Code of Ordinances, including the County's zoning regulations, the provisions of this new Ordinance shall control. PART E. REPEALER. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. PART F. EFFECTIVE DATE. This ordinance shall be effective upon filing with the Department of State. PART G. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART H. 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 I. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Joseph E. Smith XXX Vice Chair Paula A. Lewis XXX Commissioner Chris Craft XXX Commissioner Doug Coward XXX Commissioner Charles Grande XXX 40 �'-•• —nh portions are deleted. 08-008 Clean Underlined portions are added. PASSED AND DULY ENACTED this day of 12008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 41 Neagh portions are deleted. 08-008 Clean Underlined portions are added. Agenda Request Item Number Meeting Date: 6/17/08 Consent [ ] Regular [ ] Public Hearing Ix ] Leg. [ ] Quasi -JD [ x ] To: Board of County Commissioners esented By Submitted By: Growth Management Department ;& Garl6th Management Director SUBJECT: Petition of New Horizons of the Treasure Coast for a Major Adjustment to an Approved Conditional Use Permit to: • Expand Mental Health Facilities (Medical and other health services) and Social Services in the I (Institutional) Zoning District; • Allow for the proposed children's residential care program called "Children's Crisis Facility"; and 4 Consolidate previous New Horizons Conditional Use Permit approvals (File No.: CUMJ 120081380). BACKGROUND: The project lands include two existing tracts of land, a 9.05 acre tract and a 9.99 acre tract, each with its own Conditional Use Permit. The Children's Crisis Facility is proposed for location on the 9.05 tract with a Conditional User Permit that is currently limited to out- patient and administrative services. The Children's Crisis Facility will be a 13,000 square foot residential care center, requiring lifting of the limiting condition. As part of this petition, New Horizons would also like to consolidate their Conditional Use Permit approvals. The project application is on the attached CD and we will provide a paper copy, upon request. The application contains 400 pages, double sided. The draft site plan for the Children's Crisis Facility is provided as Attachment A. The site plan will be forwarded for your consideration at a future date. FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 3, 2002, a Major Adjustment to the Conditional Use Permit was approved to allow outpatient services under social services on a 9.05 acne parcel. August 21, 2001, a Conditional Use Permit was approved, with conditions, for Mental Health Facilities (Medical and other health services), on a 9.05 acre parcel (Resolution No. 01-126). February 21, 1995, a Conditional Use Permit for Medical, Health and Social Services was approved for 9.99 acres (Resolution No. 95-008 and 95-009). RECOMMENDATION: Adopt Draft Resolution No. 08-150 granting New Horizons of the Treasure Coast a Major Adjustment to an Approved Conditional Use Permit to Expand Mental Health Facilities (Medical & other health services) and Social Services in the I (Institutional) Zoning District and consolidate previous conditional use approvals. COMMISSION ACTION: ® APPROVED 0 OTHER = DENIED C County Attorney V E.R.D.: Cty. Engineer: Approved 5-0 Motion to continue to August 5`h at 6:00 p.m. or as soon thereafter as possible in order to adopt the Conditional Use at rh. same time as the adoption of the Site Plan. Mgt. & Budget: Public Works: Other: CONCURREN Douglas M. Anderson County Administrator Purchasing: Cty. Surveyor: Other: Form No. 07-07 1 I 1 2 3 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 Board of County Commissioners: June 17, 2008 File Number: CUMJ 120081380 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT To: Board of County Commissioners Through: Mark Satterlee, Growth Management rector66 Kristin Tetsworth, Planning Manager From: Diana Waite, Senior Planner Date: June 9, 2008 Subject:: Petition of New Horizons of the Treasure Coast for a Major Adjustment to an Approved Conditional Use Permit to: • Expand Mental Health Facilities (Medical and other health services) and Social Services in the I (Institutional) Zoning District; and • Allow for the proposed children's residential care program called "Children's Crisis Facility"; and • Consolidate previous New Horizons Conditional Use Permit approvals. GENERAL INFORMATION: Applicant: New Horizons of the Treasure Coast, Inc. Contact Person: Dennis Murphy Phone: 772-464-3537 Purpose: To allow for a new 13,000 square foot residential care facility known as the Children's Crisis Facility, and consolidate previous New Horizon Conditional Use Permit approvals. Location: 4300 West Midway Road. North side of West Midway Road, approximately 1/4 mile west of the Selvitz Road intersection. Tax Ids: 3406-501-0020-000/9 (9.05 acres) 3406-501-0014-500/9 (9.99 acres of the 23.56 parcel) Parcel Size: 19.04 acres File Date: January 3, 2008 2 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 June 9, 2008 Page 2 Existing Land Use and Zoning: Subject: New Horizons of the Treasure Coast File No.: CUMJ120081380 Future Land Use Zoning Existing Land Use P/F Public Facilities I (Institutional) New Horizons facility Surrounding Land Use and Zoning: Future Land Use Zoning Existing Land Use North RS (Residential AR-1 (Agricultural, Citrus groves and Midway Suburban) Residential — 1 du/ac Industrial Park IND Industrial IH Industrial High) South City of Port St. Lucie RS-2 (Residential) Single Family Homes RL (Residential Low) and OSC (Open Space Conservation East RS (Residential AR-1 (Agricultural, Single Family Homes (3) Suburban) Residential — 1 du/ac West I P/F Public Facilities I Institutional SLC Sheriffs Dept. BACKGROUND INFORMATION: On February 21, 1995, the St. Lucie County Board of County Commissioners approved Resolution No. 95-008 and 95-009 granting a change in zoning and a Conditional Use Permit for the development and operation of a "Medical, Health and Social Service" facility, known as New Horizons of the Treasure Coast. In April 2000, the agency acquired an adjoining 9.05 acre parcel and subsequently rezoned the parcel to I (Institutional) to allow for the expansion of their operations. In August 2001, the Board approved a new Conditional Use Permit that allowed for the expansion of the groups administrative office operations into a single family home on the 9.05 acre property. In December 2002, a major adjustment to the Conditional Use Permit was granted to allow out -patient and consultation services on the parcel (Resolution No. 02-305). This petition would allow for the establishment of the proposed Children's Crisis Facility on the 9.05 acre parcel purchased in 2000, by removing the existing condition that limits the use of that parcel. The proposed draft resolution will also consolidate two previously approved Conditional Use Permits to place the entire New Horizons project under one permit allowing "Mental Health (Medical and other health services) and Social Services. The following provides a detailed list of events related to the project approvals: • February 21, 1995, rezoning of the original 9.99 acres of the New Horizons project from AR-1 (Agricultural, Residential 1 du/ac) to I (Institutional) was granted and a conditional use permit was approved to allow Medical, Health and Social Services (Resolution No. 95-008 and 95-009). • December 19, 1995, a Major Site Plan was approved for the project to allow a 67,872 square foot mental health facility on 9.99 acres (Resolution No. 95-281). 3 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 June 9, 2008 Page 3 Subject: New Horizons of the Treasure Coast File No.: CUMJ120081380 • In 2000, an adjacent 9.05 acre parcel was purchased. • April 4, 2000, rezoning of the 9.05 acre parcel from AR-1 (Agricultural, Residential — 1 du/ac) to I (Institutional) (Resolution No. 00-008). • August 21, 2001, a "new" Conditional Use Permit was granted to allow "Mental Health Facilities (Medical and other health services)" on the eastern 9.05 acre parcel. The uses were limited to the expansion of their administrative office operations into a rehabilitated home on the parcel (Resolution No. 01-126). • December 3, 2002, a major adjustment to the Conditional Use Permit on the eastern 9.05 acre parcel was approved to expand the uses to allow office space, out -patient services and consultation as allowed under social services (Resolution No. 02-305). COMPREHENSIVE PLAN: Conservation Element Policy 8.1.12.8 states that all native upland and wetland habitats to be preserved as part of development projects be protected through a conservation easement or other method acceptable to the County. Consistent with the above policy, the existing wetlands on the 9.05 acre parcel for the Children's Crisis Facility are proposed to be placed under a conservation easement as part of the project's site plan approval. The proposed preserve includes two wetlands with a 50 foot wide upland buffer, and an upland preserve of pine flatwoods. The total wetland preserve is 1.05 acres and the total upland preserve will be a minimum of 2.5 acres. The upland preserve area has been clustered adjacent to the wetlands to maximize wildlife utilization and maintain the long term viability of the wetlands. A Preserve Area Management and Monitoring Plan have also been provided for the proposed conservation area. wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for the proposed conditional use, the Board of County Commissioners shall consider and make the following determinations: 1. Whether the proposed conditional use is in conflict with any portion of the St. Lucie County Land Development Code and Comprehensive Plan. The requested major adjustment to the approved Conditional Use Permit is not in conflict with any applicable portions of the St. Lucie County Land Development Code or Comprehensive Plan. The St. Lucie County Land Development Code (LDC) Section 11.07.05 E.2.b.1 allows the proposed major adjustment to be granted by the Board of County Commissioners upon a determination that the adjustment is in substantial conformity with the original approval. Staff's review has found that lifting of the existing conditions of approval on the 9.05 acre E June 9, 2008 Page 4 Subject: New Horizons of the Treasure Coast File No.: CUMJ120081380 parcel, and consolidation of previous approvals is in substantial conformity with the original approvals and meets the standards of review for Conditional Use Permits. The proposed Children's Crisis Facility site was previously approved for Mental Health Facilities (Medical and other health services) and social services with conditions that limited the services provided to administrative, out -patient and consultation services. To allow for the proposed residential treatment services at the children's facility requires removal of the limiting conditions in the conditional use permit for the 9.05 acre parcel. This petition would remove those limitations and allow the same service "Mental Health (Medical and other services) and Social Services" potential on the entire 19.04 acre New Horizons project. Land Development Code Section 3.01.03(X)(7), allows for the proposed "Mental Health (Medical and Oother health services) and Social Services" as a conditional use in the property's I (Institutional) Zoning District. If adopted, Draft Resolution No. 08-150 will: • remove the out -patient use limitation on the 9.05 acre parcel where the Children's Crisis Facility is proposed; and • provide a consolidated conditional use permit for the entire New Horizons of the Treasure Coast project to authorize "Mental Health (Medical and other health services) and Social Services" (SIC 80 and 83) on 19.04 acres. As required in LDC Section 11.07.05 (B), a site plan meeting the requirements of Section 11.03.00 has been submitted. The existing New Horizons of the Treasure Coast site plan has been modified to incorporate the 9.05 acre addition for the Children's Crisis Facility. The site plan and the Conditional Use Permit will both encompass 19.04 acres. 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed adjustment to the Conditional Use Permit is not expected to adversely affect surrounding or nearby properties. The surrounding lands represent various zoning districts and land uses ranging from industrial to residential. The adjacent residential parcels are located along the petition's eastern boundary between the CG (Commercial, General) Zoning District at the corner of Selvitz Road and West Midway Road and the existing New Horizons parcel. To provide adequate buffer between the proposed Children's' Crisis Facility and existing residential uses an opaque wood fence or wall at least 8 feet in height with a continuous hedge along both the inside and outside of the wall will be installed along the eastern property line. Given the proposed landscape buffer and building setbacks between these uses, the proposed Children's Crisis Facility is expected to be operated without an adverse impact to the adjacent residential uses. 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; 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 June 9, 2008 Page 5 Subject: New Horizons of the Treasure Coast File No.: CUMJ120081380 The proposed request is not expected to result in negative impacts on public facilities. Water and Sewer The subject property is served by the Ft. Pierce Utilities Authority (FPUA) water and sanitary sewer. The applicant has provided a letter from the FPUA indicating sufficient water and wastewater service is available to serve the proposed 13,000 square foot Children's Crisis Facility. Transportation A Traffic Impact Study, prepared by Culpepper & Terpening Inc., for the project reported that the proposed expansion to the existing facilities will have minimal impact on the surrounding roadway network. Staff would note that the traffic generation in the study was based upon a 14,100 square foot building, rather than the proposed 13,000 square feet so the trips reported trips may be slightly higher than would be generated from the 13,000 square foot building. The project is expected to generate a total of 86 trips per day, with no more than 3 peak hour trips on the local roadway network. Based on the two miles radii of influence, all links are operating at Level of Service (LOS) B for current and future conditions, with the exception of Midway Road from Sunrise Boulevard to 25`h Street, which is currently operating at LOS F. The project is 1.2 miles from this deficient link and has its first point of contact on a roadway meeting the existing level of service. The Traffic Impact Study concluded that project traffic on Midway Road, east of 25'h Street, is zero in the PM peak hour. The County's review concluded that the proposed project will not negatively impact the current or future traffic conditions of the roadway network. It is recommended that New Horizons of the Treasure Coast be approved with no development order conditions and that a Traffic Capacity Certification be issued based on the following: • Chapter V Section 5.03.02 B 6, Exempt Permits, of the St. Lucie County Land Development Regulations which indicates that "Such other permit, development or activity, which the Growth Management Director or his/her designee determines, on a case -by -case basis, will not create additional impacts on public facilities or services." o The proposed development is located WEST of the deficient link and therefore does not adversely impact the deficient link in case of the need for evacuation. The evacuation travel destination under evacuation orders is from the east coast to the west and therefore no additional trips to/from the facility will be generated by the proposed development. The 3 trips assigned to the deficient link represent 0.015% of the current ADT, which is statistically and realistically insignificant. 4. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed petition is not expected to create adverse impacts on the natural environment. An Environmental Assessment Report of the Children's Crisis Facility parcel was provided and reviewed by the County's Environmental Resources Department. Two wetland 0 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 June 9, 2008 Page 6 Subject: New Horizons of the Treasure Coast File No.: CUMJ120081380 communities on the parcel are proposed for perpetual preservation through a conservation easement to St. Lucie County and the South Florida Water Management District. The preserve area includes two wetlands with buffer, and an upland preserve of pine flatwoods. The total wetland preserve is 1.05 acres and the total upland preserve will be a minimum of 2.5 acres. The upland preserve area has been clustered adjacent to the wetlands to maximize wildlife utilization and maintain the long term viability of the wetlands. A Preserve Area Management and Monitoring Plan has been provided for the area to satisfy LDC Chapter 6.04.01 requirements and to comply with Conservation Element Policy 8.1.12.8 which directs that all native upland and wetland habitats to be preserved as part of development projects be protected through a conservation easement or other method acceptable to the County. This policy also provides that proposed preservation areas be designated on all site plan and permit application materials. The project lands are within Flood Zone "X" according to the Federal Emergency Management Agency (FEMA) Insurance Rate Map Number 12111 C0188-F. The minimum first flood elevation for the proposed facility has been determined to be approximately +22 NGVD, subject to final agency permitting. The petitioner is proposing a 13,000 square foot facility for children in crisis as an addition to the existing mental health and social services provided by New Horizons of the Treasure Coast. New Horizons has provided mental health and substance abuse services to Treasure Coast residents for more than 40 years. The draft resolution will result in lifting existing limiting conditions on the parcel proposed for the Children Crisis Facility and consolidate two previously approved conditional use permits on adjacent parcels to allow "Mental Health Facilities (Medical and other health services) and Social Services" on the entire 19.04 acre New Horizons project. The applicant has submitted an application for a site plan modification to incorporate the Children's Crisis Facility parcel and provide for the approval of the proposed 13,000 square foot facility. The site plan will be forwarded to the Board's consideration at a later date. A copy of the site plan under review is provided for your review (Attachment A). Staff has determined that the proposed change to the conditional use permit is in substantial conformity with the original approval and meets the County's Land Development Code standards of review for a Major Adjustment to a Conditional Use Permit as set forth in Section 11.07.05 E.2.b. Staff recommends adoption of Draft Resolution No. 08-150 with the recommended conditions therein. If you have any questions on this matter, please contact this office. 7 1 2 3 Ell 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 June 9, 2008 Page 7 Subject: New Horizons of the Treasure Coast File No.: CUMJ120081380 Suggested motion to recommend approval/denial of this requested major adjustment to an approved conditional use permit. 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 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION GRANTING APPROVAL OF THE APPLICATION OF NEW HORIZONS OF THE TREASURE COAST, INC., FOR A MAJOR ADJUSTMENT TO AN APPROVED CONDITIONAL USE PERMIT TO EXPAND MENTAL HEALTH FACILITIES (MEDICAL AND OTHER HEALTH SERVICES) AND SOCIAL SERVICES IN THE I (INSTITUTIONAL) ZONING DISTRICT AND CONSOLIDATE PREVOIUS NEW HORIZONS CONDITIONAL USE PERMIT APPROVALS. 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 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION DENYING THE APPLICATION OF NEW HORIZONS OF THE TREASURE COAST, INC., FOR A MAJOR ADJUSTMENT TO AN APPROVED CONDITIONAL USE PERMIT TO EXPAND MENTAL HEALTH FACILITIES (MEDICAL AND OTHER HEALTH SERVICES) AND SOCIAL SERVICES IN THE I (INSTITUTIONAL) ZONING DISTRICT AND CONSOLIDATE PREVOIUS NEW HORIZONS CONDITIONAL USE PERMIT APPROVALS, BECAUSE... [CITE REASON WHY- PLEASE BE SPECIFIC]. 3 Environmental Resources Department Agenda Item Companion Report TO: Board of County Commissioners FROM: Jennifer Evans Environmental Resources Department DATE: June 6, 2008 RE: New Horizons of the Treasure Coast Conditional Use DEPARTMENT COORDINATION The Environmental Resources Department has coordinated with Diana Waite from Growth Management, as well as other members of the Development Review Committee during the May 1, 2008 Technical Review Committee Meeting regarding the requested conditional use for New Horizons of the Treasure Coast expansion. E_PUT Field reconnaissance by ERD staff identified two wetlands located within the northern portion ofthis site totaling approximately 1.05 acres. A conservation easement for the wetlands and their associated buffers will be required as part of the site plan review process concurrently underway for this project. The remaining acreage in the northern portion of the site consists of brazilian pepper and native pine flatwoods surrounding the wetlands. A preserve area management plan and conservation easement for the native uplands will also be address during site plan approval. The southern portion of the site, where the proposed future expansion of the facility will be located, consists of a single-family residence. Several native trees are scattered throughout this portion of the site, and ERD is currently working with the applicant as part of their site plan review to meet Land Development Code requirements for avoidance and minimization of native vegetation, required landscaping, and required mitigation associated with the site plan. ERD RECOMMENDATION ERD recommends approval of the proposed conditional use. Conditions of approval will be included in the site plan approval resolution for this project. 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Pierce Future Land Use I - Industrial Port St. Lucie Future Land Use RL - Low Density Residential OSC - Open Space Conservation �f-.r+os� �rou✓�y yYvrlF Xongpawent 9rya�twm! Map prepared June 3, 2008 0 N F J W y TM CUMJ-120081380 zoning New Horizons of the Treasure Coast A M�« �+r r„ M�w h wry ApA Apq NrA »pw r�pi hr ^, Mr ry„ /'err„ t11 ry M +�ri Mpg /ti/^ Arw r r�..o rw W�r�y� Wrr��►ra.W..rW..r rr..y,�M'�yr,�w rr r.�W r�,�+. rr�r-r�, rr-y. w.`r,�•`n,�,�w .v,• ..war rwyrw �rw Wrw,4rwrrw�rw�.warw� .. arwrrw�rw� wrrA,rrw�rw �r I ® Subject property St. Lucie County Zoning Port St. Lucie Zoning AR-1 -AgricuRuraI Residential (1 du/ac) RS-2 - Single Family Residential ® Owned by New Horizons CN - Commemial Neighborhood I - Institutional IH -Industrial Heavy 5l)0 ft. notification area RS-2 - Residential Single Family (2 du/ac) City of Port St. Lucie u - Utilities ��N Ft. Pierce Zoning City of Fort Pierce 11-Light Industrial 17 Resolution No. 08-150 File No.: CUMJ 120081380 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING NEW HORIZONS OF THE TREASURE COAST, INC. A MAJOR ADJUSTMENT TO AN APPROVED CONDITIONAL USE PERMIT TO EXPAND MENTAL HEALTH FACILITIES (MEDICAL & OTHER HEALTH SERVICES) AND SOCIAL SERVICES IN THE I (INSTITUTIONAL) ZONING DISTRICT AND CONSOLIDATE PREVIOUS CONDITONAL USE PERMIT APPROVALS FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. New Horizons of the Treasure Coast Inc., presented a petition for a Major Adjustment to an Approved Conditional Use Permit to expand Mental Health Facilities (Medical & other health services) and Social Services to allow for the addition of a Children's Crisis Facility in the I (Institutional) Zoning District and consolidate previous Conditional Use Permit approvals for the property depicted on the attached map in Exhibit "A" and described in Part B below. 2. On February 21, 1995, through Resolution No. 95-009, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by ail all owners of property within 500 feet of the subject property, and granted New Horizons of the Treasure Coast Inc. a Conditional Use Permit to allow Medical, Health and Social Services in the I (Institutional) Zoning District for property described below. 3. On August 21, 2001, through Resolution No. 01-126, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and granted New Horizons of the Treasure Coast Inc. a second Conditional Use Permit, with conditions, for expansion of New Horizons of the Treasure Coast Inc. operations for Mental Health Facilities (Medical and other health services) in the I (Institutional) Zoning District for property described below. 4. On December 3, 2002, through Resolution No. 02-305, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and granted New Horizons of the Treasure Coast Inc. a Major June 17, 2008 File No.: CUMJ120081380 Resolution No. 08-150 Page 1 13 Adjustment to a Conditional Use Permit, to allow out -patient and consultation as allowed under social services for property described below. 5. On June 17, 2007, this Board held a public hearing on the petition of New Horizons of the Treasure Coast Inc. for a Major Adjustment to an Approved Conditional Use Permits to remove limiting conditions and consolidate previous Conditional Use Permit approvals affecting the New Horizons project lands, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property described below. 6. The proposed Major Adjustment to an Approved Conditional Use Permit is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.05(E) of the St. Lucie County Land Development Code. 7. With the proposed conditions, the 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. 8. The proposed project will be served by the Ft. Pierce Utilities Authority water and sewer service. 9. The applicant has received a Certificate of Capacity Exemption, a copy of which is attached to this order as Exhibit "B", as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Major Adjustment to an Approved Conditional Use Permit for the project known as New Horizons of the Treasure Coast, Inc. to expand Mental Health Facilities (Medical and other health services) and Social Services in the I (Institutional) Zoning District and consolidate previous Conditional Use Permit Approvals is hereby granted subject to the following conditions: Within 120 days of the approval of this resolution, the applicant, developers, and assigns shall dedicate to St. Lucie County 40 feet of the petitioned property for the future right-of-way needs along West Midway Road. Such dedication shall be in a manner and form acceptable to the County Attorney. June 17, 2008 File No.: CUMJ120081380 Page 2 Resolution No. 08-150 BE 2. Within 120 days of the approval of this resolution, the developers shall dedicate to St. Lucie County 5 feet of the petitioned property for the future right-of-way needs along Favorite Road. Such dedication shall be in a manner and form acceptable to the County Attorney. B. The subject property is described as follows: That portion of the North 868 feet of the South 908 feet of Lots 11 and 12 of the Northeast 1/4 of MODEL LAND COMPANY'S SUBDIVISION, according to the Plat thereof recorded in Plat Book 4 at Page 34 of the Public Records of St. Lucie County, Florida, lying North of the Midway road right-of-way (said Midway Road right-of-way as shown on Florida Department of Transportation Right Of Way Map Section No. 94530-2602, Sheets 6 and 7 of 7) and lying East of the West 744.61 feet of the East 2565.00 feet (as measured at right angles from the East line of the North 1/2 of Section 6, Township 36 South, Range 40 East, St. Lucie County, Florida). EXCEPTING THEREFROM all public roads and canal rights -of -way and easements for utility lines over, above and across said lands. The herein described parcel contains 9.99 acres, more or less. AND Model Land Company Subdivision of Section 6, Township 36 South, Range 40 East, Lot 13 in the Northeast 1/4, less a Strip of Land for Road Right-of-way on the South 63.7 Feet on the West End and 64.03 Feet on the East End, St. Lucie County, Florida. (Location: 4300 and 4500 West Midway Road, approximately 1/4 west of Selvitz Road. C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County, and are not assigned to any other party or institution. Should the petitions choose or decide to assign this business to another entity or individual, a major adjustment to the conditional use permit shall be required. D. The approvals and authorizations granted by this Resolution shall expire on June 17, 2009, unless a Building Permit or Certificate of Zoning Compliance for is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. June 17, 2008 File No.: CUMJ120081380 Resolution No. 08-150 Page 3 15 E. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new Certificate of Capacity shall be required. F. The St. Lucie County Growth Management Department 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 the notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Joseph E. Smith XXX Vice -Chair Paula Lewis XXX Commissioner Chris Craft XXX Commissioner Charles Grande XXX Commissioner Doug Coward XXX PASSED AND DULY ADOPTED this 17th day of June 2008. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK June 17, 2008 File No.: CUMJ120081380 COUNTY ATTORNEY Page 4 Resolution No. 08-150 16 Exhibit A • Vicinity Maps • Site Location Map June 17, 2008 File No.: CUMJ120081380 Resolution No. 08-150 Page 5 17 Exhibit B CERTIFICATE OF CAPACITY June 17, 2008 File No.: CUMJ120081380 EXEMPTION Page 6 Resolution No. 08-150 18 Foreign Account Number 11504098 Ad # 1851420 Ad Net Cost $74.52 Name (Primary) ST LUCIE COUNTY BOCC Company (Primary) ST LUCIE COUNTY BOCC Street 1 (Primary) ATTN: ACCOUNTS PAYABLE SUPE City (Primary) FT PIERCE State (Primary) FL ZIP (Primary) 34982 Phone (Primary) (772) 462-1692 Class Code 9402 - Notice Start Date 6/6/2008 Stop Date 6/6/2008 Prepayment Amount $0.00 Ad Sales Rep. 190 - Barbara Wentzel Width 2 Depth 162 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA Jun. 17, 2008 NOTICE OF PROPOSED MAJOR ADJUSTMENT TO AN APPROVED CONDITIONAL USE PERMIT The St. Lucie County Board of County Commis. sioners proposes to adopt the following by resolution. RESOLUTION NO. DS-150 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING NEW HORI. ZONS OF THE TREASURE COAST, INC. A MA- JOR ADJUSTMENT TO AN APPROVED CON- DITIONAL USE PERMIT TO EXPAND MENTAL HEALTH FACILITIES IMEDICAL & OTHER HEALTH SERVICES) AND SOCIAL SERVICES IN THE I (INSTITUTIONAL) ZONING DISTRICT AND CONSOLIDATE PREVIOUS CONDITION- AL USE PERMIT APPROVALS FOR PROPERTY LOCATED IN ST, LUCIE COUNTY, FLORIDA. APPLICANT: New Horizons of the Treasure Coast, Inc. FILE NUMBER: CUMJ 120081380 LEGAL DESCRIPTION: That portion of the North BOB feet of the South 908 fast of Lots 11 and 12 of the Northeast 114 of MODEL LAND COMPANY'S SUBDIVISION, according to the Plat thereof recorded in Plat Book 4 at Page 34 of the Public Records of St. Lucie County, Florida, lying North of the Mid. way road right-of-way (said Midway Road right -of -wry as shown on Florida Department of Trenspartation Right Of Way Map Section No. 94530.2602, Sheets 6 and 7 of 7) and lying East of the West 744.61 feet of the East 2566.00 feet Ins measured at right angles from the East line of the North 1/2 of Section 6, Township 36 South, Range 40 East, St. Lu- cie County, Florida). EXCEPTING THEREFROM all public roads and canal rights -of -way and easements for utility lines over, above and across said lands. The herein described parcel contains 9.99 acres, more or less. 19 AND Model Land Company Subdivision of Section 6, Township 36 South, Range 40 East, Lot 13 in the Northeast 114, less a Strip of Land for Road Right-of-way on the South 63.7 Feet on the West End and 84.03 Feet on the East End, St Lucia County, Florida. LOCATIONA300 & 4600 West Midway Road/ On the north side of West Midway Rood, ap- proximately 1/4 mile west of Selvitz Road. PURPOSE: To allow for the establishment of a Children's Crisis Facility and consolidate pre- vious New Horizons Conditional Use Permit approvals. The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Adminis- tration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday June 17, 2008 be- ginning at 6:00 p.m, or as soon thereafter as possible. All interested persons will be given an oppor- tunity to be heard. Written comments re- ceived in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Growth Management Depart- ment - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Growth Managge- ment Department offices located at 2300 Vir- ginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call 772/462-2022 or TOO 7721462.1420 if you have any qusstiona or require additional informs- tion. The St. Lucie County Board of County Commis- sioners has the power to review and grant any applications within their area of responsi- Why. The proceedings of the Board of County Com- missioners are electronically recorded. PURSUANT TO Section 286.0105, Florida Strut" if a parson decides to apped any de- cision made by the Board of County Cornmis- sioners with respect to any matter considered at a meeting or hearing, he or she will need ■ record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which re- cord includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding in- dividuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon re- quest. If it becomes necessary, a public hear- ing may be continued from time to time as may be necessary to a date -certain. 4nyone with a disability requiring accommo- dation to attend this meeting should contact the St Lucie County Community Services Di- rector at least forty-eight J48) hours prior to the meeting at 772/462-1777 or T.D.D. 772/462.1428. 3OARD OF COUNTY COMMISSIONERS i'T. LUCIE COUNTY, FLORIDA S/JOSEPH E. 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E O —Y O O Y N` o��YUY U) -J °�3ina�L�a==,� in.0 -V cy m=n� X_Owl YEc�y�i C W 0 WOO m 0 0 L O N t y O N T t m m O U-���zQ 7 N 7 0 gzczOQH N d N y g 7� m t L W-°aU� t L E I i C � I N T 0 O N 0 O O) 0 O � O r O O 9 O h O O C.J O O M O 0 0) O O U 7 O O 0 O O M O O h o O Q v 0 O O 0p pp 00 0 0 M pO g L D pO O g L n p O 0 C W O 0 0 T� O 0 0 0 0 h = N T W 6 6 O O 0 0 n 0 O 0 W 0 O 0 n 0 O 0 n 0 O 0 n 0 O n 0 O 000 h 0 O n 0 O n O h N N h MW N n N n 0)n�000WMNrNM N n S N O M O M O N O N O N O N O S O p pp n LnVTO1W n r n n(O n n c ° U9 pO •VNV G O O O O O a�� O O O V O O m O acv'vvaoo,00000Tooeaeavvvalp nnnnhn O O O O M O O T LLnn O T IT O in O T O T LLpn O T L(pn O T in O T O M O M O r O r O T O T nnnpnn O T O T O r O T C U+� O 0000vooOOOO O O r r M T n�W, M M M M L�pn M M N NN}N Mtn �Lpn �Mp �LnO SEE �Lp7 NN y C C�Op m �LpO �Lpn �U, �LOp �LpO �LpO d M M lh �N• d' aN} •V �O{OOyO•�O{ a' M V' M m'MICA M A aN M A A aN A aNa A aNN ['� LAi LD.m Q Q� U aO �O{ONO M [7 A A A �O{O}�O{O.O A [7 c' A A e 0 N 22 BOARD OF COUNTY COMMISSIONERS June 4, 2008 GROWTH MANAGEMENT Constantino V Lainz Lucero 2 apartamento 19G - 28300 Aranjuez, Spain New Horizons of the Treasure Coast/ CUMJ 120081380 In accordance with the St. Lucie County Land Development Code, you are hereby advised that New Horizons of the Treasure Coast, Inc. has petitioned St. Lucie County for a Major Adjustment to an Approved Conditional Use Permit to Expand Mental Health Facilities (Medical 8r Other Health Services) and Social Services in the I (Institutional) Zoning District and Consolidate Previous Conditional Use Permit Approvals for the following described property: Location: 4300 & 4500 West Midway Road/ On the north side of West Midway Road, approximately 1/4 mile west of Selvitz Road. Legal Description: That portion of the North 868 feet of the South 908 feet of Lots 11 and 12 of the Northeast 1/4 of MODEL LAND COMPANY'S SUBDIVISION, according to the Plat thereof recorded in Plat Book 4 at Page 34 of the Public Records of St. Lucie County, Florida, lying North of the Midway road right-of-way (said Midway Road right-of-way as shown on Florida Department of Transportation Right Of Way Map Section No. 94530-2602, Sheets 6 and 7 of 7) and lying East of the West 744.61 feet of the East 2565.00 feet (as measured at right angles from the East line of the North 1/2 of Section 6, Township 36 South, Range 40 East, St. Lucie County, Florida). EXCEPTING THEREFROM all public roads and canal rights -of -way and easements for utility lines over, above and across said lands. The herein described parcel contains 9.99 acres, more or less. AND Model Land Company Subdivision of Section 6, Township 36 South, Range 40 East, Lot 13 in the Northeast 1/4, less a Strip of Land for Road Right-of-way on the South 63.7 Feet on the West End and 64.03 Feet on the East End, St. Lucie County, Florida. The public hearing on the petition will be held at 6:00 P.K. or as soon thereafter as possible, on Tuesday, June 17, 2008, 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 Board of County Commission, rather than by contact outside of the scheduled public hearing. 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 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 Webslte:w%vw.co.st-lucie.fl.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GISTTachnical 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 23 such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued 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 p!,,j,,, .y to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-2822 or email if you have any questions, and refer to the project name and number listed above. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Joseph E. Smith, Chairman No. 07-19 Form 24 CUMJ-120081380 A petition of New Horizons of the Treasure Coast for a Major Adjustment to an Approved Conditional Use Permit to Expand Mental Health Facilities (Medical and other health services) and Social Services in the I (Institutional) Zoning District and consolidate previous New Horizons conditional use permit approvals yy YU� . Y1~ • Y� JV' .1� . Y!y"� Vy� Y1•~ . Y177 VL� YS~ Yy� . Y.L- V]�~ . Vlyy� �Yyy�± . Y 11� Yy�~ Y•j•± Y> h/A- A/w 11/A'AI� •A/^ 1'1/A MIA M/G 14• K1\ •�K l� M�F Y••/r• �/ —'W.hiA rJ•IM r1•'1 w•VM y,1Mr �,Vy .YMr y•�r j, �yVM �y1� VM r,V�r YM�.VMy4Yy ,Vw w•VM r/•VYa'��, �•I� M� /\ �••� Imo\ /\ r/� r•/\ ►• A i/\ ,� i11 ii\ WMY iI\ J./:� I•A iA\ I,/� �. /4 \:r � J\M�'Y\�'�^V\��J\K Y\��'.Y\�f.Y♦��I�WP.Y\���Yt ��,Y\��,Y\�''Y\� W�+��Y\���V\�� Y�rII V•�•�Y\ �., � Y•. � p.:Iy, M,Jy r•I� w'Iy` M Y Y•:Iy M.'IL MIS M'IV M'IL M � h� /., •�, wY M:/L y. � KID y.' I I II 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 , w _ _ _ FAV.ORITE,RD � I 500 ft. ' I C , I I � I I W • I I U ♦I I I LL LL ♦ I I 0 ♦♦ I I I � I W MIDWAY RD :NW OMEGARDt:::::: :::::..:. .... :.::: :::! ;. ;:.,. ;t:•. iN :F r.r. •r ' 70. REr,A4 CI - N ® Subject property City of Port St. Lucie ® owned by New Horizons :Y Y City of Fort Pierce ""`""rt - N yowni aranggew.s�r Wjnewa,r 500 ft. notification area Map prepared June 3, 2008 - - - Sign Up Request Date Sent: Attention: James Beams Sign # Sign to be installed by Sign Technicians before: OR Sign to be ready for pick up before: June 5, 2008 (Pickup hours: 7:00 am - 11:30 am or 12:30 pm - 3:00 pm) Please return signed and dated original to Deanna Givens (ext. 6426) at Growth Management. Thank you. St. Lucie County Affidavit of Public Notice I, , do hereby certify that as Agent for the St. Lucie County Board of Commissioners on the following described property: I did on 2008 erect in a conspicuous place on this property the following notice: PUBLIC NOTICE Public Hearing for Petition of New Horizons of the Treasure Coast, Inc. for a Major Adjustment to an Approved Conditional Use Permit to allow for the expansion of Mental Health (Medical and other Health Services) and Social Services in the I (Institutional) Zoning District to be held in the County Administration Building, 2300 Virginia Avenue, Fort Pierce, on 06/17/08 @ 6 PM before the Board of County Commissioners. PETITIONS ARE AVAILABLE AT THE FRONT DESK IN THE PLANNING DIVISION. Signature Date Form No. 07-13 Petition No.: CUMJ 120081380 26 x � r i♦ �f�a '�.•p i i�.. f '•.fi 4+ ' .... r....-. �'_" ' ti i �).•.pj��yi.1.r � � ��'ii y!�W <.xM� �.: ffl�+"�x£Ik � 'fi At r S; Cc • -. -. ... ..�.. l'1� i. . yy ice... Agenda Request Item Number IM (1 1 Meeting Date: 617/08 Consent ( ] Regular [ ] Public Hearing Ix ] Leg. [ ] Quasi -JD [ x ] To: Board of County Commissioners Presented By Submitted By: Growth Management Department Gr9w1AWlQ1anagement Director SUBJECT: Petition of Jrande Beach North Hutchinson Island, LLC, for Final Planned Mixed Use Development Site Plan Approval and a Change in Zoning from the CG (Commercial, General) Zoning District to the PMUD (Planned Mixed Use Development - Grande Beach) Zoning District for a project to be known as Grande Beach PMUD (File No. PMUD 1220071379). BACKGROUND: The proposed mixed use project includes 70 residential units and 16,930 square feet of commercial space on 9.44 acres located on the northwest comer of State Road A-1-A and Marina Drive on North Hutchinson Island. The site plan includes 7 buildings, two of which include both commercial and residential uses. Staff has reviewed the proposed Final Site Plan and found it to be in substantial conformity with the Preliminary Site Plan approval, as required under Section 11.02.05(B) of the County's Land Development Code. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On November 6, 2007, this Board approved Resolution No. 07-134 granting Grande Beach North Hutchinson Island, LLC Preliminary PMUD Site Plan Approval. On November 6, 2007, this Board adopted Ordinance No. 07-032, granting a Text Amendment to the Land Development Code that exempted the lands within the MXD- Grande Beach Mixed Use Activity Area from the maximum 40% residential threshold set forth in Section 7.03.03 of the County's Land Development Code. On September 20, 2007, the Planning and Zoning Commission recommended approval of this petition by a vote of 3-2 (Ms. Hammer and Ms. Caron dissenting). RECOMMENDATION: COMMISSION ACTION: APPROVED (� OTHER Approved 3-2 Comm. Coward - No Comm. Grande - No Motion to approve with additional lanquaqe of condition #14. Adopt Resolution No. 08-180 granting Final Planned Mixed Use Development Site Plan Approval and a Change in Zoning from the CG (Commercial, General) Zoning District to the PMUD (Planned Mixed Use Development - Grande Beach) Zoning District for a project to be known as Grande Beach PMUD, subject to the conditions herein. CONCU NCE: = DENIED ,rney k/ .)eer: Coordination/ Signatures Mgt. & Budget: Public Works: Other: Douglas M. Anderson County Administrator Purchasing: Cty. Surveyor: ,,5 Other: Form No. 07-07 GROWTH MANAGEMENT DEPARTMENT PLANNING MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, Growth Management Director Kristin Tetsworth, Planning Manages FROM: Diana Waite, Senior Planner DATE: June 10, 2008 SUBJECT: Petition of Grande Beach North Hutchinson Island, LLC, for Final Planned Mixed Use Development Site Plan Approval and a Change in Zoning from the CG (Commercial, General) Zoning District to the PMUD (Planned Mixed Use Development - Grande Beach) Zoning District for a project to be known as Grande Beach PMUD (File No. PMUD 1220071379). On November 6, 2007, this Board approved Resolution No. 07-134 granting Preliminary Site Plan approval to the mixed use project known as Grande Beach (Attachment A). The proposed site plan contains 70 multi -family units and 16,930 square of commercial space on a 9.44 acre tract on North Hutchinson Island (Attachment B). The applicant has submitted a Final PMUD Site Plan and the Development Review Committee staff have determined that, with the recommended conditions, the proposed site plan is in substantial conformance with the Preliminary PMUD Site Plan. The minutes from the November 6, 2007 public hearing for Grand Beach Preliminary PMUD are provided as (Attachment C). The proposed site plan provides for 7 multi -story buildings with a maximum building height of 35 feet. Two of the three-story buildings that are located along State Road A-1-A will provide the proposed commercial services. The site plan includes 4.56 acres of open space (48.3%) with a 1,800 square foot clubhouse, pool and recreation area. Sidewalks and pedestrian paths in the project will connect to the sidewalks on State Road A-1-A and Marina Drive and will be constructed by the developer. The main entrance on State Road A-1-A will be designed with a right and left turn lane into the project, a bike lane and relocated sidewalks. Prior to Final PMUD approval, Resolution No. 07-134 requires compliance with the conditions cited below. The majority of these conditions have already been met and may be deleted from the resolution. In those cases where the condition has not been met, staff is recommending a revised condition of approval, and requiring fulfillment of the condition at the dates specified in the proposed draft resolution. The status of each of these conditions is indicated below. • Condition No. 1- Prior to Final Site Plan approval the site plan shall be modified to reflect a bicycle lane along the frontage of the project as well as 2 June 10, 2008 Subject: Grande Beach North Hutchinson Island, LLC Page 2 File No.: PMUD 120071379 the required Florida Department of Transportation right turn lane at the projects' main entrance. The Final PMUD plan depicts the required bicycle lane and the FDOT turn lane. This condition has been satisfied. • Condition No. 2 - Prior to Final Site Plan approval the developer, successor or assignee shall provide a copy of all easement releases from AT&T and Florida Power and Light for encroachment of structures and dry detention areas into the Bellsouth and FPL easements located on the property. Staff has reworded this condition to allow the required release of easements to be provided prior to issuance of a vegetation removal permit. • Condition No. 3 - Prior to Final Site Plan approval the site plan shall be corrected and submitted to the Growth Management Department with an indicated scale on the site plan graphics that can be utilized. This condition has been met. • Condition No. 5 - Prior to Final Site Plan approval the site plan shall be modified to clearly delineate the location of the grass pavers as indicated in the legend on the Preliminary Site Plan as grass pavers. The Final PMUD plan depicts the grass pavers and a detail has been added to the Final PMUD graphics. This condition has been satisfied. • Condition No. 6 - Prior to Final Site Plan approval the site plan shall be modified to provide the technical specifications for the proposed pervious pavers. This condition of approval has been maintained and reworded in the proposed draft resolution to allow submission of the specifications and approval by the County Engineer prior to the issuance of a building permit. • Condition No. 7 - Prior to Final Site Plan approval the site plan shall be modified to indicate the location and typical pavement cross-section that meets or exceeds County standards. This condition of approval has been maintained and reworded in the proposed draft resolution to allow submission and approval of the required cross -sections by the County Engineer prior to the issuance of a building permit. • Condition No. 8 - Prior to Final Site Plan approval the site plan shall be modified to indicate the emergency access will be stabilized grass and gated for police and fire use only. 3 June 10, 2008 Subject: Grande Beach North Hutchinson Island, LLC Page 3 File No.: PMUD 120071379 Since the Preliminary PMUD was granted, the applicant has received FDOT approval for a secondary access at the northern driveway where the emergency access was to be located. Staff has no objection to the proposed driveway. • Condition No. 13 - Prior to issuance of any building permits or vegetation removal permits for any portion of the Grande Beach PMUD site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a revised landscape plan addressing all of the following issues: a. 7.09.04 E. requires the wall between multi -family and single family to measure 8 feet; the landscape plan shows the wall only measuring 6 feet. Please be sure the revised landscape plan identifies the minimum required wall height. b. Please be sure all plant materials planted are salt tolerant. The plan proposes 26 magnolia's and 11 sweetgum's — neither of which is salt tolerant. Please be advised of Section 7.09.03 D. 2. As part of the issuance of any Final Development Order/Permit requiring the installation of landscape materials as set forth in this code, excluding detached single-family (including individual mobile homes not located in a mobile home park), two-family, and three-family residences, the property owner shall submit to an inspection of the planted/preserved materials 18 months after the issuance of a certificate of occupancy or other use authorization as may be granted by the Public Works Director for the County. If it is determined that the planted landscaping is dead, diseased or otherwise not in compliance with the provisions of this Code and the original approved landscape plan, the property owner shall be provided notice and directed to correct any observed deficiencies and replace all noncompliant materials within 60 days. Failure to maintain all required landscaping shall be grounds for referral to the Code Enforcement Board for appropriate enforcement actions. The Public Works Director is authorized to include within the building permit fee, adequate charges to cover the costs of enforcing the requirements of this section. c. To ensure the landscape plan graphic is consistent with the landscape plan plant list, revise the plans to correct the following discrepancies: i. Plant list shows 24 BS, graphic shows 22; ii. Plant list shows 5 /C-30; graphic shows 0; N. Plant list shows 9 MGB-65, graphic shows 10, iv. Plant list shows 28 QV-65; graphic shows 31; v. Plant list shows 29 QV-100; graphic shows 20, vi. Plant list shows 20 CN; graphic shows 22, vii. Plant list shows 35 RE, graphic shows 36, viii. Plant list shows 41 SP; graphic shows 48, ix. Plant list shows 62 H1R; graphic shows 53, of June 10, 2008 Subject: Grande Beach North Hutchinson Island, LLC Page 4 File No.: PMUD 120071379 x. Graphic shows 5 "LC-30" but the plant list does not identify this symbol; xi. The graphic has 40 MF labeling a sidewalk — where are the 40 MF to be planted? A revised landscape plan addressing the above items was submitted and approved by the Environmental Resources Department as part of the Final PMUD review process. • Condition No. 14 - Property owner association documents or Declaration of Covenants shall be submitted and approved by the County Engineer prior to Final PMUD (Planned Mixed Use Development) approval. This condition has been met. • Condition No. 17 - Prior to Final PMUD approval the developer, successor or assign shall provide the conceptual design drawings of all multi -family and nonresidential buildings to indicate the buildings to be erected within the project shall be substantially consistent with the Mediterranean style architectural renderings presented at the November 6, 2007 Board of County Commission meeting. Color selections shall also be provided for review and approval by the County as part of the Final development plan application. The Final PMUD site plan documents shall also include a list of the green building technology the applicant proposed to use in the development and construction of the proposed buildings. Compliance with the County's Community Architectural Standards shall also be addressed as part of the Final PMUD review. This requirement has been addressed. The submitted list of green building technology that will be used in the development and construction of the proposed site and buildings is included as a condition of approval. • Condition No. 18 - Prior to Final Site Plan approval the Grande Beach PMUD shall comply with the following conditions: o Residential land uses will be limited to a maximum of 70 dwelling (multifamily) units. The plan complies with this requirement. o The maximum 40% residential threshold set forth in Section 7.03.03.A of the St. Lucie County Land Development Code will not be applicable to development on this site. The plan complies with this requirement. June 10, 2008 Subject: Grande Beach North Hutchinson Island, LLC Page 5 File No.: PMUD 120071379 o The minimum commercial square footage permitted is 16,000 square feet and the maximum commercial square footage permitted is 20,000 square feet. The plan complies with this requirement. The plan provides for 16,930 square feet of commercial space thereby exceeding the minimum commercial square footage requirement. o At fifty percent (509/6) of residential build -out (35 dwelling units), fifty percent (5091o) of the commercial square footage (8,000 square feet) must be constructed. A condition will be retained in the Final PMUD Resolution requiring that prior to the issuance of the 36th residential building permit 8,465 square feet of commercial space must be constructed and issued a Certificate of Completion by the Building Department. Staff recommends that the remaining 7,535 square feet that is required to be constructed to meet this sub area policy, be completed prior to the issuance of a building permit for the 60th residential unit. This condition is intended to ensure that the minimum 16,000 square feet of commercial square footage is provided. o The commercial component of the project shall be integrated into the overall site design through architecture, vertical/horizontal integration of uses, building materials, color and street orientation. The proposed plan complies with this requirement. o A designated transit stop shall be provided within the development. The site plan identifies the location of the transit stop that will be dedicated to the County. A recommended condition of approval requires the payment of a $10,000 fee in lieu of construction of a transit shelter to St. Lucie County prior to the issuance of the first building permit. o No industrial use will be permitted within the development. The proposed plan complies with this requirement. • Condition No. 19 - The owner, developer or assigns shall advise buyers of the residential units that this is a mixed use development and some of the uses will be commercial. This notice shall be included, but not limited to, the property owner association documents or Declaration of Covenants to be submitted and approved prior to final approval. This condition has been met. 11 June 10, 2008 Subject: Grande Beach North Hutchinson Island, LLC Page 6 File No.: PMUD 120071379 Conclusion Staff has determined that this petition conforms to the standards of review as set forth in Section 11.06.03 and Section 11.02.05(B) of the St. Lucie County Land Development Code and the petition is not in conflict with the goals, objectives and policies of the St. Lucie County Comprehensive Pan. Staff finds that the Grande Beach Final Planned Mixed Use Development would allow a mixed use project that provides commercial uses to serve the residents and visitors to the County's North Hutchinson Island. Staff recommends the Board of County Commissioners adopt Draft Resolution No. 08-180 granting Grande Beach North Hutchinson Island, LLC Final Planned Mixed Use Development Site Plan Approval and a Change in Zoning from the CG (Commercial, General) District to the PMUD (Planned Mixed Use Development — Grande Beach) Zoning District. Please contact this office if you have any questions on this matter. 7 COUNTY F L O R I D A Environmental Resources Department Agenda Item Companion Report TO: Board of County Commissioners FROM: Amy Mott, Environmental Resources Department DATE: June 9, 2008 RE: Grande Beach DEPARTMENT COORDINATION The Environmental Resources Department has coordinated with Growth Management, as well as other members of the Development Review Committee regarding the requested Grande Beach Final PUD. ERDINPUT The proposed development will preserve 3.64 acres (38.6%) open space, consistent with LDC 7.03.03(K) requirements for open space in a Planned Mixed Use Development. This includes the preservation and enhancement of the approximately 0.67 acres of native sand live oak habitat (the entirety of native habitat present on this site). All required tree mitigation per LDC 6.00.05(D) has been met through the proposed preservation and relocation of native trees within the enhanced native upland area (located within the southeastern portion of the site). Proposed landscaping is consistent with LDC 7.09.04. ERD RECOMMENDATION ERD recommends approval of the proposed Final PUD with the following Conditions of Approval: 1) As part of the approval of a SLC Vegetation Removal Permit for any portion of the Grande Beach PMUD site, the developers, their successor or assigns, shall properly root prune, prepare, and relocate the three live oaks and all cabbage palms currently existing in the area of proposed impact (three oaks (2 - 13" & 1 - 15" in the pool and recreation area) elsewhere on the site; 2) Prior to issuance of a vegetation removal permit for any portion of the Grande Beach PMUD site, the developers, their successor or assigns, shall submit an approved permit for a gopher tortoise relocation/release from the FFWCC. Should the burrows be abandoned and no tortoises are captured for relocation the burrows shall be excavated by an environmental professional to ensure no commensal species remain in the burrow. ERQ staff concurs that off -site relocation is the best option in this case. Signatur U �-1 rn p M Z U 8 fLf N 3 o p C Ncn .% y m fJ N a pcPb" ri J `�° I a J / 1� V I � — I \nd1V FU — m a o1O snei0 vPkaY K { cc s r F 0y itd� 1 m � I, w 6my PNB ¢ t Pnla apnl IS Wd f y aaNl p uMuef °wo13 /j O m�4. a�ewyae0' g iI I wN n H s6u!N F� P 8 wqy v` Pa alowwas pa pie aIG°N� I I j c I "" to vu°raysmS— � fI fc d S pa `awi aey m q I j ti Pa 6WReH laepl I I I I - I IeueO bZ'O _ I I a m O leu I � $ I I I g4 I � I I I I I ' � I I ^ ' ______—___________—_—___—_-------------------------------- _—__--------------------- .f�unop aagoyoaa>Ip PMUD-1220071379 A petition of Grande Beach North Hutchinson Island LLC for Final Planned Mixed Use Development Site Plan Approval and a Change in Zoning from the CG (Commercial, General) Zoning District to the PMUD (Planned Mixed Use Development - Grande Beach) Zoninq District . • s PAn�- ♦ L p f • as / A MARINA DR r • • • Heron Waterway iuuA BEACH DR Kingfisher Waterway SHOREWINDS DR LU ♦ • • ® Subject parcel„ N ' ■ 500 A ft. notification area % ... r Map prepared June 3, 2008 10 PMUD-1220071379 Land Grande Beach North Hutchinson Island, LLC RM ♦ • • ■ "� ► I I I f///////. MARINA DR r U t • • Heron Waterway BERMUDA BEACH DR Kingfisher Waterway SHOREWINDS DR • • s• s• x C9 x x in z Subject parcel CPUB - Conservation Public MXD - Mixed Use Development RM - Residential Medium (9 du/ac) 16 n f . 500 ft. notification area RU - Residential Urban (5 du/ac) RU Map prepared June 3, 2008 11 PMUD-1220071379 zoning Grande Beach North Hutchinson Island, LLC s m _ HIRD . ■ ■ .7�• S �KEV16`f l"ClIX Age, ♦. ♦ ♦ FA D G ♦ 9 • • q1 RD ■ ■ ■ ■ S � ■ MARINA DR ■ • R - • ♦ Heron Waterway HIRD `••♦ BERMUDA RFAr u no • • Elm Elm Kingfisher Waterway SHOREWINDS DR ©- ■�IMW\ CG - Commercial General CN - Commercial Neighborhood N ® Subject parcel CPUB- ConservationPublic HIRD - Hutchinson Island Residential District PUD - Planned Unit Development s��«x � 500 ft. notification area RS-4 - Residential Single Family (4 dulac) p prepared U - Utilities Ma June 3, 2008 A 92 I RESOLUTION NO. 08-180 2 File Number: PMUD 1220071379 3 4 A RESOLUTION GRANTING FINAL PLANNED MIXED USE 5 DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT 6 KNOWN AS GRANDE BEACH PMUD AND AN AMENDMENT TO 7 THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING 8 FROM THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT 9 TO THE PMUD (PLANNED MIXED USE DEVELOPMENT — l0 GRANDE BEACH) ZONING DISTRICT FOR CERTAIN 11 PROPERTY IN ST. LUCIE COUNTY, FLORIDA 12 13 14 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based 15 on the testimony and evidence, including but not limited to the staff report, has made 16 the following determinations: 17 CHANGE IN ZONING 18 19 1. Grande Beach North Hutchinson Island, LLC presented a petition for a 20 Change in Zoning from the CG (Commercial, General) Zoning District to the 21 PMUD (Planned Mixed Use Development — Grande Beach) Zoning District for 22 the project to be known as Grande Beach PMUD, for property located on the 23 northwest corner of the State Road A-1-A and Marina Drive, as more 24 particularly described in Paragraph D below and depicted on the attached 25 maps as Exhibit "A". 26 27 2. On September 20, 2007, the St. Lucie County Planning and Zoning 28 Commission held a public hearing on the petition of Grande Beach North 29 Hutchinson Island, LLC for a Change in Zoning from the CG (Commercial, 30 General) Zoning District to the PMUD (Planned Mixed Use Development — 31 Grande Beach) Zoning District, after publishing a notice of such hearing in the 32 Fort Pierce Tribune and notifying by mail all property owners within 500 feet 33 of the property boundaries, and recommended to this Board that the 34 requested Change in Zoning from CG (Commercial, General) to PMUD 35 (Planned Mixed Use Development — Grande Beach) be granted. 36 37 3. On November 6, 2007, this Board approved the petition of Grande Beach 38 North Hutchinson Island, LLC for Preliminary Planned Mixed Use 39 Development Site Plan for the project known as Grande Beach PMUD after 40 holding a public hearing and publishing a notice of such hearing in the 41 Tribune and notifying by mail all property owners within 500 feet of the subject 42 property. 43 44 June 17, 2008 Page 1 Resolution No. 08-180 DRAFT File No.: PMUD 1220071379 13 1 4. On June 17, 2008, this Board held a public hearing on this petition after 2 publishing a notice of such hearing in the Tribune and notifying by mail all 3 property owners within 500 feet of the subject property. 4 5 5. The proposed change in zoning is consistent with the goals, objectives, and 6 policies of the St. Lucie County Comprehensive Plan and satisfies the 7 requirements of Section 11.06.03 of the St. Lucie County Land Development 8 Code with the conditions set forth in Paragraph C below. 10 SITE PLAN 11 12 6. Grande Beach North Hutchinson Island, LLC presented a petition for Final 13 Planned Mixed Use Development Site Plan approval for a mixed use project 14 consisting of 70 multi -family units and 16,930 square feet of commercial space 15 to be known as Grande Beach PMUD. 16 17 7. The Development Review Committee has reviewed the Final Planned Mixed 18 Use Development Site Plan for the proposed project and found it to meet all 19 minimum technical requirements, subject to the conditions set forth in 20 Paragraph C below. 21 22 8. On September 20, 2007, the St. Lucie County Planning and Zoning 23 Commission held a public hearing on the petition of Grande Beach North 24 Hutchinson Island, LLC, after publishing a notice of such hearing in the Fort 25 Pierce Tribune and notifying by mail all property owners within 500 feet of the 26 property boundaries and recommended to this Board that Preliminary Site Plan 27 approval for the project to be known as Grande Beach PMUD, be granted. 28 29 9. On November 6, 2007, this Board held a public hearing on the petition of 30 Grande Beach North Hutchinson Island, LLC, for Preliminary PMUD 31 approval after publishing a notice of such hearing and notifying by mail all 32 owners of property within 500 feet of the subject property, and granted, through 33 Resolution 07-134, Preliminary Planned Mixed Use Development Site Plan 34 approval, subject to 21 special conditions, for the property described in 35 Paragraph C below. 36 37 10.On June 17, 2008, this Board held a public hearing on this petition after 38 publishing a notice of such hearing in the Tribune and notifying by mail all 39 property owners within 500 feet of the subject property. 40 41 11. The proposed project is consistent with the general purpose, goals, objectives 42 and standards of the St. Lucie County Land Development Code, the St. Lucie 43 County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. W June 17, 2008 Page 2 Resolution No. 08-180 DRAFT File No.: PMUD 1220071379 14 I 12.The proposed project will not have an undue adverse effect on adjacent 2 property, the character of the neighborhood, traffic conditions, parking, utility 3 facilities or other matters affecting the public health, safety and general welfare. 4 5 13. All reasonable steps have been taken to minimize any adverse effect of the 6 proposed project on the immediate vicinity through building design, site design, 7 landscaping and screening. 8 9 14. The proposed project will be constructed, arranged and operated so as not to 10 interfere with the development and use of neighboring property, in accordance 11 with applicable district regulations. 12 13 15. The proposed project will be served by adequate public facilities and services. 14 15 16. The Certificate of Capacity for this project was issued by the Growth 16 Management Director on July 11, 2007. 17 18 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 19 St. Lucie County, Florida: 20 21 CHANGE IN ZONING 22 23 A. The Zoning District for that property owned by Grande Beach North 24 Hutchinson Island, LLC as depicted on the attached maps as Exhibit "A" and 25 described in Paragraph D below, is hereby changed from the CG (Commercial, 26 General) to the PMUD (Planned Mixed Use Development — Grande Beach) 27 Zoning District. 28 29 B. The St. Lucie County Growth Management Director is hereby authorized and 30 directed to cause the change to be made on the Official Zoning Atlas of St. Lucie 31 County, Florida, and to make notation of reference to the date of adoption of this 32 resolution. 33 34 35 SITE PLAN 36 37 C. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development 38 Code, Final Planned Mixed Use Development Site Plan for the project to be 39 known as Grande Beach be, and the same is hereby, approved as shown on the 40 site plan drawings for the project prepared by Houston Cuozzo Group Inc. P.A. 41 dated July 1, 2005, subsequently revised through April 23, 2008, and date 42 stamped received by the St. Lucie County Growth Management Department on 43 June 6, 2008, subject to the following conditions: 44 June 17, 2008 Page 3 Resolution No. 08-180 DRAFT File No.: PMUD 1220071379 15 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 1. Prior to issuance of a vegetation removal permit, the developer, successor or assignee shall provide a copy of all easement releases from AT&T and Florida Power and Light for encroachment of structures and dry detention areas into the Bellsouth and FPL easements located on the property. 2. Prior to the issuance of building permit, the technical specifications for the proposed pervious pavers shall be submitted to the County Engineer for approval. 3. Prior to the issuance of the first building permit, the typical pavement cross-section that meets or exceeds County standards shall be submitted to the County Engineer for approval. 4. The Grande Beach PMUD community center shall be built with a) hurricane resistant glass; b) hurricane resistant doors; and c) an emergency generator. 5. Prior to the issuance of the building permit for the 36t' residential unit, 8,465 square feet of commercial use must be constructed and issued a Certificate of Completion by the Code Compliance Division. An additional 7,535 square feet of commercial floor area must be constructed prior to the issuance of a Certificate of Occupancy for the 60th residential unit to ensure that the provision of a minimum of 16,000 square feet of commercial square footage required by the property's future land use sub -area policies. 6. As part of the approval of a SLC Vegetation Removal Permit for any portion of the Grande Beach PMUD site, the developers, their successor or assigns, shall properly root prune, prepare, and relocate the three live oaks and all cabbage palms currently existing in the area of proposed impact (three oaks (2 - 13" & 1 - 15" in the pool and recreation area) elsewhere on the site. 7. Prior to issuance of a vegetation removal permit for any portion of the Grande Beach PMUD site, the developers, their successor or assigns, shall submit an approved permit for a gopher tortoise relocation/release from the FFWCC. Should the burrows be abandoned and no tortoises are captured for relocation the burrows shall be excavated by an environmental professional to ensure no commensal species remain in the burrow. ERD staff concurs that off - site relocation is the best option in this case. June 17, 2008 Page 4 Resolution No. 08-180 DRAFT File No.: PMUD 1220071379 IM 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 8. The developer shall advise potential buyers of the residential units that the property is located within 4 miles of the St Lucie County International Airport and aircraft will be operating in the area. 9. Prior to issuance of a construction permit for this project, the developers, their successors and assigns, shall have entered into an enforceable utility service agreement with St. Lucie County Utilities to ensure the provision of water and sewer services. This agreement shall be in a form consistent with St. Lucie County Utility District regulations regarding utility service extensions and service provisions. 10. Prior to issuance of a building permit for this project, the Code Compliance Department shall verify that the following green building technologies are utilized, where applicable in the development and construction of the proposed buildings. a. External light fixtures controlled by photo cell and timer b. The use of salt chlorination for the community pool in lieu of harsh chemicals c. High SEER ratings for residential HVAC Units (+14) d. R-30 Icynene© Insulation at all attic spaces; R-19 min. at all walls e. Rating of 55-60 STC (code minimum = 50) between all tenant spaces f. Maximized use of fluorescent light fixtures g. Programmable thermostats for night time setbacks in each unit h. The use of Energy Star© appliances in each unit i. FSC (Forest Stewardship Council) certified wood products for cabinets and flooring. j. All plumbing fixtures to be "low flow' water consumption type k. Low VOC paint products for interior finishes I. The use of recycled building materials m. The use of window tinting on all windows to reduce heat gain n. The use of locally sourced products for construction, if practicable o. Deep covered balconies and walkways p. Awnings over windows 11. The condominium association documents shall incorporate a copy of this resolution to advise buyers of the residential units that this is a mixed use development and some of the uses will be commercial. 12. Prior to the issuance of the 36t' residential building permit, the developer shall pay $100,000 to the St. Lucie County for Cultural Affairs needs, to be distributed by the County, at its discretion. June 17, 2008 Resolution No. 08-180 Page 5 DRAFT File No.: PMUD 1220071379 17 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 13. Prior to the issuance of the first building permit for the multi -family structures (excludes temporary sales or construction trailers) the owner, developer or assigns shall dedicate the future bus stop location along State Road A-1-A to St. Lucie County in a form and manner acceptable to the County Attorney. The agreed upon $10,000 fee in lieu of the construction of the transit improvements shall be paid to St. Lucie County prior to the issuance of the first building permit. D. The property on which this approval is being granted is described below. LEGAL DESCRIPTION: Tract "E-1", Blocks 8 and 9 and alleys abutting thereto, Tract "F-1" and Tract "A" and the portion of Coral Avenue (n/k/a Flotilla Terrace) lying north of Marina Drive, according to the plat of Coral Cove Beach, Section One, as recorded in Plat Book 11 at Pages 30A and 30B of the Public Records of St. Lucie County, Florida. Containing 9.44 acres more or less. Location: Northwest corner of State Route A-1-A and Marina Drive, on North Hutchinson Island. GENERAL PROVISIONS E. This Final Planned Use Development Site Plan approval shall expire on June 17, 2010, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. F. The Final Planned Mixed Use Development Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Grande Beach North Hutchinson Island, 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 Stated 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 permits or authorizations to commence development activities on the property described in Paragraph D. G. A Certificate of Capacity was granted by the Growth Management Director on July 11, 2007, which certificate shall remain valid for the period of Final Site Plan approval or any extension granted thereto. H. A copy of this resolution shall be attached to the site plan drawings described in Paragraph C above, which plan shall be placed on file with the St. Lucie County Growth Management Department. June 17, 2008 Resolution No. 08-180 Page 6 DRAFT File No.: PMUD 1220071379 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 The 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. J. 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. K. 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. L. The conditions set forth in Paragraph C are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Paragraph C is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. After motion and second, the vote on this resolution was as follows: Chairman Joseph E. Smith XXX Vice Chair Paula A. Lewis XXX Commissioner Charles Grande XXX Commissioner Chris Craft XXX Commissioner Coward XXX PASSED AND DULY ADOPTED this 17th day of June, 2008. June 17, 2008 Page 7 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA AM Chairman Resolution No. 08-180 DRAFT File No.: PMUD 1220071379 a 1 2 3 4 5 6 7 8 9 (ATTEST: DEPUTY CLERK June 17, 2008 Page 8 APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Resolution No. 08-180 DRAFT File No.: PMUD 1220071379 20 1 2 3 4 5 EXHIBIT "A" Location Maps June 17, 2008 Page 9 DRAFT Resolution No. 08-180 File No.: PMUD 1220071379 21 Sian Up Request Date Sent: Attention: James Beams Sign # Sign to be installed by Sign Technicians before: OR Sign to be ready for pick up before: June 4, 2008 (Pickup hours: 7:00 am - 11:30 am or 12:30 pm - 3:00 pm) Please return signed and dated original to Deanna Givens (ext. 6426) at Growth Management. Thank you. St. Lucie County Affidavit of Public Notice 1, , do hereby certify that as Agent for the St. Lucie County Board of Commissioners on the following described property: North Hutchinson Island — West side of State Road A-1-A, Northwest corner of the intersection of State Road A-1-A and Marina Drive. I did on 2008 erect in a conspicuous place on this property the following notice: PUBLIC NOTICE Public Hearing for the Petition of Grand Beach North Hutchinson Island LLC for Final Planned Mixed Use Development Site Plan Approval and a Change in Zoning from the CG (Commercial, General) Zoning District to the PMUD (Planned Mixed Use Development — Grande Beach) Zoning District to be held in the County Administration Building, 2300 Virginia Avenue, Fort Pierce, on 06/17/08 @ 6 PM before the Board of County Commissioners. PETITIONS ARE AVAILABLE AT THE FRONT DESK IN THE PLANNING DIVISION. Signature Date Form No. 07-13 Petition No.: q�¢gERryMq,Y,9 F C ?i a z O JIF SOUTH RoRIDA WATER MANAGEMENT DISTRICT MARTIN/ST. LucrE SERVICE CENTER Willoughby Crossroads, 780 SE Indian Street, Stuart, FL 34997 (772) 2.23-2600 • FL WATS 1-800-750-4100 • Suncom 269-2600 • Fax (772) 223-2608 • www.sfwmd.gov/msl/ Application No. 071127-16 Environmental Resource Regulation March 20, 2008 Stefan Matthes, P.E. Culpepper & Terpening 2980 South 25th Street Fort Pierce, FL 34981 Subject: Grande Beach, St. Lucie County; S 25/T34S/R40E Dear Mr. Matthes: Staff has completed a review of the information submitted on February 21, 2008 for the above referenced application. Pursuant to Rule 40E-40, Florida Administrative Code (FAC), the District is requesting the following information needed to complete the application. 1. Staff's review of the existing site conditions appears to indicate the existing shopping center discharges storm water to an on site ditch with no off site connection. Staff was unable to locate the "existing RCP Culvert" connection to the canal. Please contact Glen Gareau, P.E. to schedule a site visit to verify the existence and location of the "existing RCP Culvert" the project is proposing to connect to and use as its outfall. 2. The project boundary survey does not indicate the applicant owns the parcel at the end of the canal that the "existing" RCP culvert traverses to reach the canal. Please provide a recorded easement from the land owner for the "existing" outfall culvert. If there is no easement, please provide documentation that the applicant has the right to connect to the canal. 3. The site plan indicates a walk way is proposed to connect to the existing off site dock and (4) four wet slips at the end of the canal. Who owns these docks and wet slips? Please indicate what activities the applicant intends relative to the proposed connection to the docks and provide a recordable easement or authorization from the dock owner. 4. The revised predevelopment analysis appears to indicate the site is able to discharge approximately 9 cfs. However given the site geometry and adjacent development staff does not believe that the pre -development analysis is representative of the site conditions. Furthermore, the proposed discharge rate is not consistent with other projects in the area. Please reevaluate the pre -development analysis and contact District staff to discuss the appropriate discharge rate for this project. DISTRICT HEADQUARTERS: 3301 Gun Club Road, P.O. Box 24680, West Palm Beach, FL 33416-4680 • (561) 686-8800 • FL WATS 1-800-432-2045 Stefan Matthes, P.E. Application 071127-16, Grande Beach March 20, 2008 Page 2 5. As previously indicated, the District's Basis of Review, Section 7.3 requires that dry - detention areas have a mechanism for returning the water level to the control elevation within 12 days. Please revise the design and provide a physical connection or demonstrate that the on site soils will recover the system by percolation. 6. The response indicates a concrete invert is proposed in the narrow section of the last dry detention pond to accommodate maintenance. This approach may still result in flooding during storm events due to erosion, and/or debris becoming trapped in this narrow section. As previously requested, please consider revising the design to reduce this possibility. 7. As previously indicated, staff does not believe using the mean high water elevation (0.68 NGVD) of the Indian River is an appropriate approach to establishing the average wet season water table on this property. The geotechnical engineer has predicated the wet season water table will be at 2.0 NGVD. Furthermore, other projects in the area adjacent to the Indian River lagoon have control elevations of 1.5 NGVD to 2.5 NGVD. Please revise the proposed control elevation consistent with the information provided or provide additional information in support of the proposed elevation. 8. The' proposed design is a series of interconnected dry detention ponds with bottom elevations of 2.5 NGVD. Please describe haw the: project will be physically able to discharge and recover to the proposed control elevation of 0.68 NGVD as indicated in the ICPR model. 9. The ICPR model includes a cross section called "V-notch". Please provide a node reach schematic and describe how this cross-section was used in the model. The culvert entrance and exit loss coefficients used in the ICPR model drop structure input appear to use the weir and orifice discharge coefficients. Please review a pipe hydraulics reference or the ICPR help menu for appropriate pipe entrance and exit loss coefficients. Please revise the analysis as necessary. 10.The plans indicate a detail for the project control structure is on sheet 7b. However, the submittal did not include a sheet 7b and staff could not find the control structure detail on the detail sheets 7.0 or 7A. As previously requested, please provide a construction detail for the proposed control structure. 11.The project details include a retaining wall. Please indicate where the retaining wall is proposed on the plan sheet. 12.The detail for the ponds on sheet 4 is labeled "Retention Area". The plans and analysis indicate the project is proposing dry detention. Please revise the plans and analysis for consistency. 4 Stefan Matthes, P.E. Application 071127-16, Grande Beach March 20, 2008 Page 3 13.Please demonstrate that the proposed turn lane and improvement within State Road Al will receive water quality treatment and attenuation. Please provide a copy of the FDOT permit for the proposed improvements within State Road Al A. 14.It appears that the proximity of the out fall control structure to an inlet culvert from SD-8 may cause short circuiting of the water quality treatment process. Please revise the design such that the inflows to the last detention pond are as far from the outfall as practical to prevent short circuiting of the water quality treatment function of the surface water management system. 15. The proposed site grading and finished floor elevations appear to be lower than State Road Al A. The turn lane section implies a swale is located between the edge of pavement and the side walk. However, no grading information is provided for the proposed swale and there does not appear to be any culverts proposed under the main entrance or the north access drive. Where will runoff from Al along the project frontage be directed? Furthermore it appears as though a portion of A1A will sheet flow into on site inlets at the project entrance. Will runoff from A1A be able to stage up and sheet flow onto the site in other locations? If so, please revise the analysis to reflect the off site flows. Please revise the grading plan to provide additional existing and proposed grading of the off site improvements. 16. Please revise the grading plans to include the FEMA flood plain line and its elevation. 17.It appears as though the stage/area data in the ICPR model has been revised from the previously provided stage/storage/area calculations. A revised stage/storage/area calculation was not provided with the recent submittal. Please revise the plans and the stage/storage/area calculations to include sufficient site grading information to allow staff to verify the stage/storage/area assumptions used in the ICPR model. 18.As previously requested, please revise the plans to provide sufficient topographic information to demonstrate how runoff from the design storm event is collected and contained in the surface water management system consistent with the proposed post development basin boundary and peak stage of the design storm. The analysis indicates the property line is the basin boundary. However, several areas along the property line do not include proposed grading and existing grades are below the peak stage indicated to be 5.8 NGVD. Please provide representative cross -sections and/or grading along the proposed basin boundary. If a berm is proposed for containment of the design storm, please indicate the location and elevation of the berm on the plan sheet. If a containment berm or swales are used as part of the surface water management system they should be located on common property controlled by the operating entity or in an easement dedicated to the operating entity for perpetual operation and maintenance. Please revise the plans and supporting analysis as necessary. r Stefan Matthes, P.E. Application 071127-16, Grande Beach March 20, 2008 Page 4 19. Please revise the plans to include grate and invert elevations for all proposed yard drains and inlets. 20.As previously indicated, the submitted information indicates that a dewatering application will be filed with the District under separate cover. According to the District's database, the District has not yet received a dewatering application. Please coordinate with the District's Water Use Division (800-547-2694) regarding submittal of the application. Staff will process these applications concurrently and recommend final agency action when both applications are complete. Please provide the water use application number in response to this comment. 21.If the applicant intends to use the existing docks, please revise the site plans to include the existing dock structures and square footage. Please revise the POA documents to indicate the maximum number of slips and limits on the draft and length of vessels that may use it. 22.If the applicant intends to do any work near the existing mangrove shore line including construction or replacement of an outfall culvert, the plans should be revised to include detailed construction notes, in water turbidity barriers, and sufficient construction detail to provide reasonable assurances that the existing mangroves will not be impacted. 23.The existing commercial center appears to have several monitoring wells that may have been associated with monitoring ground water or soil contamination. Please indicate the purpose of these monitoring wells and the status of use relative to any existing or historical contamination in the area. In accordance with 40E-1.603(1)(c), FAC, if the information is not received within 30 days of this date, to render the application complete, the application may be processed for denial if not withdrawn by the applicant. Please attach a copy of the enclosed 'Transmittal Form for Requested Additional Information" to each of the required FOUR copies of the requested information. The response to this request for additional information can now be submitted online at h_ftp://my.sfwmd.gov/ePermitting. Alternatively, providing a disk with your written response containing the documents and plans in electronic format (preferably .pdf) will expedite administrative processing and internet posting of the application, and save paper. Stefan Matthes, P.E. Application 071127-16, Grande Beach March 20, 2008 Page 5 Should you have any questions, please call Glen Gareau, P.E. of the Surface Water Management Division at (772) 223-2600, extension 3618 or Shawn McCarthy, Natural Resource Management reviewer, at extension 3625. Sincerely, Hugo A. Carter, P.E. Engineer Supervisor Okeechobee -Martin -St. Lucie Regulatory Division South Florida Water Management District HAC/gg cc: Applicant St. Lucie County Community Development Director St. Lucie County Engineer St. Lucie County Environmental Resource Manager Georgi Celusnek, P.E., FDOT District 4 Drainage Engineer Bob Emery, adjacent land owner Permit information and additional resources for permit applications can be found on line at my.sfwmd.gov/permitting. COUNTY1 t 1 OF COUNTY• I ' PUBLIC HEARING AGENDA June 17, 11: NOTICE OF PROPOSED CHANGE IN ZONING The St. Lucie County Board of County Commissioners proposes to adopt the following by resolution: A RESOLUTION GRANTING FINAL PLANNED MIXED USE DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT KNOWN AS GRANDE BEACH PMUD AND AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT TO THE PMUD (PLANNED MIXED USE DEVELOPMENT— GRANDE BEACH) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA APPLICANT Grande Beach or North Hutchinson Island LLC FILE NUMBER: PMUD 1220071379 LEGAL DESCRIPTION: Tract "E-1 ", Blocks 8 and 9 and Alleys abutting thereto. Tract "F-1"and Tract Wand the portion of Coral Avenue (N/WA Flotilla Terrace) lying north of Marina Drive, according to the Plat of Coral Cove Beach, Section One, as recorded in Plat Book 11 at Pages 30A and 306 of the Public Records of St. Lude County, Florida. Containing 9.44 was more or less. LOCATION: North Huldlinson Island — Northwest comer of the intersection of State Road A-1-A and Marina Drive PURPOSE: A Change in Zoning from the CG (Commercial, General) Zoning District to the PMUD (Planned Mixed Use Development — Grande Beach) Zoning District and Final PMUD Site Plan Approval. �' �uL LNE.W..wljau sd.,I, Win N �`I I 1� \ WkY•sonlOnG LLG }. . � ITVp121p]nlB N O A I. 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, Florists on Tuesday, June 17, 2008, beginning at 6:00 p.m. or as soon thereafter as possible. , All interested parsons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. %*loan comments to the Board of County Commissioners should be received by t hs Growth Management Department - Planning Dhdston at least 3 days prior to the scheduled hearing. The petition file Is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business tours. Please call 7720462-28M or TDD 772/462-1428 6 you have any questions or require additional information. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Stmtinn 286 0105 Florid, S191ules. If a person decides to appeal any decision made by the Board of courtly Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of are proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, Individuals testifying dudng a hearing will be sworn in. Any party to the proceedng will be granted an opportunity to cross-examine any individual testifying during a heating upon request. a it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date-certaln. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Luce County Community Services Director at least forty-eight (48) hours prior to the meeting at 772/462-17T7 or T.D.D. 772/462-1428. BOARD OF COUNTY COMMISSIONERS Notification List Available By Request (on file in Growth Management) 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 or email dianawCtsducieco.gov if you have any questions, and refer to project name and number listed above. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Joseph E. Smith, Chairman Form No. 07-20 BOARD OF COUNTY COMMISSIONERS June 4, 2008 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 Grande Beach/ PMUD 1220071379 GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that Grande Beach North Hutchinson Island, LLC has petitioned St. Lucie County for Final Planned Mixed Use Development Site Plan Approval and a Change in Zoning from the CG (Commercial, General) Zoning District to the (PMUD) Planned Mixed Use Development — Grande Beach Zoning District, for the project to be known as Grande Beach PMUD, for the following described property: Location: North Hutchinson Island — Northwest corner of the intersection of State Road A-1-A and Marina Drive. Legal Description: Tract "E-1", Blocks 8 and 9 and Alleys abutting thereto, Tract "F-1" and Tract 'A" and the portion of Coral Avenue (N/K/A Flotilla Terrace) lying north of Marina Drive, according to the Plat of Coral Cove Beach, Section One, as recorded in Plat Book 11 at Pages 30A and 30B of the Public Records of St. Lucie County, Florida. Containing 9.44 acres more or less. The public hearing on the petition will be held at 6:00 P.M. or as soon thereafter as possible, on Tuesday, June 17, 2008, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 23W 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 Board of County Commission, rather than by contact outside of the scheduled public hearing. 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 or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued 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. 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.f1.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GIS/Technical 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 5.G COUNTY ATTORNEY Ordinance No. 07-013- Providing the Terms and Conditions for Installing, Constructing and Maintaining a Communications Facility in the County's Public Right of Way for the Provision of Communications Service- This is the first of two public hearings- No action required at this time. It was moved by Com. Grande, seconded by Com. Coward, to continue this item on December 4, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.H GROWTH MANAGEMENT Consider Draft Resolution No. 07-244 for St. Lucie County Director of Growth Management- A Resolution Granting a Change in Zoning from the PUD Zoning District to the HIRD for Certain Property in St. Lucie County- Consider staff recommendation to adopt Resolution No. 07-244 authorizing the Director of Growth Management to amend the Official County Zoning Map from PUD — Pelican Pointe to the HIRD Zoning District. It was moved by Com. Lewis, seconded by Com. Grande, to continue this item on February 8, 2008 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. S.I. GROWTH MANAGEMENT Petition of Oakland Estates, LLC for a second 12 month extension of the Final development Plan known as Oakland Estates PUD Draft Resolution No.07- 290- Consider staff recommendation to approve Draft Resolution No. 07-290 granting a second 12 month extension to the approved Oakland Estates Final PUD project until October 19, 2008. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 07-290, and; upon roll call, the vote was as follows: Nay: Smith, Aye's: Lewis, Grande, Coward, Craft, motion carried by a vote of 4 to 1. 5.J GROWTH MANAGEMENT Petition of the St. Lucie Family Recreation Center LLC for a Major Adjustment to an approved Conditional Use Permit to allow paintball activities to continue with modified house of operation in an IL Zoning District for property located at 2525 Center Road, Ft. Pierce, FL - Consider staff recommendation to approve Resolution No. 07-286 granting a Major Adjustment to the Approved Conditional Use Permit for the St. Lucie Family Recreation Center LLC to allow the paintball activities to continue with modified hours of operation as specified in the conditions of approval. It was moved by Com. Grande, seconded by Com. Lewis, to continue this item on November 20, 2007 at 6:00 p.m. or as son thereafter as it may be heard, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS 6.PUBLIC WORKS Multi -way stop signs at Indian River Drive and Walton Road Intersection- Consider staff recommendation to approve the attached Resolution No, 07-344 providing for the installation of stop signs at the Indian River Drive and Walton Road Intersection. This item was pulled and will be rescheduled for November 20, 2007. 16 Com. Grande stated what appears clear to him is that Ms. Townsend will not be running Bed and Breakfast but will be running a catering establishment. A Bed and Breakfast can be on a residential property and a catering business cannot. Com. Smith stated there are issues that need to be addressed, i.e. parking, alcohol consumption, how many events a year etc., so that they can come to a conclusion this morning. He sated he is comfortable with people bringing in alcohol to their rooms the question is when someone provides alcohol at an event. If it is more than a bed and breakfast then it should be permitted to have alcohol, if it is a bed and breakfast then this is what is should be and you should not have to worry about it. He shares Com. Coward's concerns about the parking. Com. Grande stated what happens on this property should be legal and according to rules of what can happen on the property. He stated it is difficult to draft something that would be acceptable to everyone. Com. Smith recommended the applicant requesting an application for approval each time alcohol is being made available for the functions such as when they approve alcohol for events at the county parks on the Board agendas. The County Attorney recommended revoking the Conditional Use based on the undo hardship and adverse impacts and if the Board agrees make it effective sometime out in the future giving the owner the opportunity to complete her scheduled events and also give her the opportunity for her to reapply for a conditional use or Bed and Breakfast or some other of course noting there is no guarantee. Com. Grande recommended once the application is submitted they should be able to continue in business until the application is through the process however long it takes. The County Attorney recommended the application be submitted within 90 days and have it go through the process within a 6 month period. It was moved by Com. Grande, seconded by Com. Coward, to revoke conditional use permit 6 months from today during the interim period the conditions outlined in the Asst. County Administrators letter of July 13, 2007 shall continue, i.e. music ending at 8:00p.m.; number of special event limited to 2 per month, non -special event not so limited and during the time the applicant will submit a different application if they choose and due to adverse affects and incompatibility to the neighborhood, and; upon roll call, the vote was as follows: Nay's: Lewis, Craft; Aye's: Smith, Coward, Grande, motion carried by a vote of 3 to 2. Com. Lewis staged she was disturbed about the fact they took the time to discuss the conditions and thought they were agreed upon by the majority. The residents have not been disturbed for 4 months and the conditions have been adhered to and cannot understand why they took the time if they were going to be back where they started. Com. Craft stated they still had issues to come to an agreement on. Com. Coward stated he went along with the conditions on a short term basis, he never intended to have the interim conditions take the place of the original conditional use approval, it was meant so that she could continue to meet her commitments. Com. Craft stated he agreed with the revocation but would have preferred to see the additional condition or reason for the 12 consecutive months. It was moved by Com. Coward, seconded by Com. Grande to amend the motion previously passed to add to the reason for revoking the expiration of the conditional use permit by prior owner because of abandonment based on evidence presented, and; upon roll call, the vote was as follows: Nay: Smith, Lewis; Aye's: Craft, Grande Coward, motion carried by a vote of 3 to 2. 15 Ms. Townsend stated she felt she had been totally violated by the various tactics the neighbors had presented. She also stated she was not aware of people having alcohol in their rooms until after the guests leave and she cleans up the rooms. She does not provide drinks, these beverages are provided by the Bride and Groom and bring it to the premises and the catering company will serve it. She stated she does not tolerate disruptive events and disrespectful behavior. Ms. Connie Chiles, area resident, addressed the Board in favor of the facility and stated her son had his wedding at the Mellon Patch Inn and it was a great affair. Mr. James King, spouse of applicant addressed the Board and stated they have tried to work with the neighbors, however, they do not wish to even attempt to work out a compromise. Ms. Pam McAbee, area resident addressed the Board in favor of the Mellon Patch and stated she attended a function at the Mellon Patch which she enjoyed. She believes the applicants are trying to do what is right and believes they can work out a compromise. Com. Craft commented on the tension in the community and stated he has worked diligently to attempt to work out a compromise and has not succeeded. He believes they are close to coming to a compromise. He believes they need to learn from the past and not insist on the past. He would like to come up with a document that would give everyone a comfort level. Com. Coward stated the use has dramatically changed and would like to see it go back to the original Bed and Breakfast. The property was and is zoned residential. This was not zoned a commercial establishment it is identified as a large home. The residents previously expressed their concern with the Bed and Breakfast in a residential area. Com. Grande stated the Resolution does not reference commercial lodging. He is convinced the conditional use was abandoned by the previous owners and you cannot rescind something that is no longer there. There is no rationale to try to amend a non- existent conditional use. He recommended not penalizing the current owner, but continue doing business for a certain amount of time while going through the application process defining what it being done on the property and have it pass or fail under today's current laws. Com. Coward stated even if it goes through that route they would still need to define the level of use and what is acceptable. Com. Grande stated he believes they need to tell the Board what the business is under the exiting codes. Maybe this may wind up as a Bed and Breakfast, but it is not a Bed and Breakfast today. Com. Lewis addressed the establishment being defined as a commercial lodging prior to the Bed and Breakfast description being implemented. She stated Ms. Townsend stated she would be willing to abide by the new conditions as stated during her probationary period. She does not understand why there was a probationary period implemented if they were not willing to find out what would really work and she thought the restrictions were place to see what in fact would work and asked why did they do this if they were not going to proceed and now are looking at something different. Com. Coward commented on the use of the public park for parking and this violating our code and he still has issues with this. Com. Lewis stated she did not have a problem with this and felt it was addressed in the conditions as well. She commented on the weddings held on the beach, she personally does not see this especially since the city of Ft. Pierce permits commercial establishments to use public parking. 14 Mr. Downy, area resident, addressed the Board in favor of the Mellon Patch facility Ms. Debra Agnello, addressed the Board in favor of the Mellon Patch's activities and stated she felt there was a personal agenda to the opposition by the neighbors. Mr. Eric Townsend, son of the applicant, addressed the Board and gave details on the property. Ms. Lisa Fonsot, resident, addressed the Board and stated the functions held at the Mellon Patch were no different than those permitted at Pepper Park. Mr. Wilson Townsend, son of the applicant, addressed the Board and requested they come to a reasonable decision. He advised the Board of the noise made by various neighbors when they hold parties in their back yards and homes. Mr. Dickie Brooks, Jackson Way resident, addressed the Board and stated during the probationary period he had not heard any functions that were intrusive to him. Mr. Steve Tierney, attorney for the applicant addressed the Board and stated the applicant is willing to comply with 7.10.11. However with regard to the question of consumption they never agreed not to have consumption of alcohol on property. Com. Coward addressed this section of the ordinance and it states no sale or transfer of alcoholic beverages. The County Attorney advised the Board they could add a condition regulating alcohol consumption, however if they were bringing in their own, he was not sure if it would be considered a sale or transfer. The intent was to keep the sale and transfer of alcohol within a certain distance away from public parks and schools. The Assistant County Administrator stated she was clear that there was at least a silent agreement that alcohol was not part of this 90 day probationary period. Com. Grande stated clearly someone is giving alcohol to someone whether or not it was being sold or transferred and this is what they did not want to continue. Mr. Tierney stated there was nothing about consumption in the Ordinance however it is now placed in the resolution. He addressed the issue of the number of events and stated they hope to have 24 special events per year and not limiting it to 2 per month. He also addressed the obtaining of a conditional use permit, zoning compliance and its expiration date and the requirements/provisions and asked if it could be removed or explained. The Growth Management Director stated he believes it should be removed it is relative to one that has not been built yet. The Assistant County Administrator advised the Board that Code Enforcement during the probationary period did monitor the events and found no violations. Mr. Tierney stated he believed that with guests leaving by 8:00 p.m. or 8:30 p.m. this should not cause a reason for a rational person to complain about an event. Mr. Floyd Grisby, area resident addressed the Board on the past events and public hearings held. He believes any modification would only be a band aid to the problem and felt the ordinance needed to be enforced and asked the conditional use permit be revoked. Ms. Rose Northcote, Jackson Way resident, addressed the Board and stated she felt the facility should be a Bed and Breakfast with no compromise and requested the Board revoke the conditional use permit. Ms. Kathy Townsend, applicant, addressed the Board and clarified various articles in a listing through Transworld. She also addressed the question on the living quarters and stated her living quarters are downstairs due to a knee replacement she had recently. 13 Staff recommended the following be inserted into the document on page 5 condition 17 "Prior to the Final PMUD approval the developer, successor or assigned shall provide the conceptual design drawings of all multi -family and non residential buildings to be erected within the development. Color selection to be provided for review and approval by the County as per final development plan application. Staff also requested inserting on line 35 a comma and the following: " Substantially consistent with renderings shown to the Board of County Commissioners on November 6, 2007, depicting Mediterranean design style character in addition to green building technology". Com. Coward stated he felt it needed to be more specific especially in the green building area Com. Craft concurred. Quasi Judicial: All Board members acknowledged meeting with the applicant and residents. The County Attorney addressed the changes and revisions, he noted, i.e. Bell South to AT& T and also add a paragraph indicating " notice to potential buyers of mixed use non residential portion" consistent with the airport language Com. Coward recommended disclosure regarding notifying those who purchase units above the commercial. It was moved by Com. Lewis, seconded by Com. Smith to approve staff recommendation as amended and; upon roll call, the vote was as follows: Com. Grande stated he would not be supporting this project although a mixed use project is what is needed he felt this is not the best project they can get. Com. Coward stated he felt they have not earned his vote and cannot support this project as presented. He does support the mixed used concept. Nays: Grande, Coward; Aye's: Lewis, Smith Craft, motion carried by a vote of 3 to 2 SY GROWTH MANAGEMENT Modification or revocation of the Conditional Use Permit 92-009 as allowed under Resolution No. 92-254 for the Mellon Patch Inn, located on 3601 N. Highway A-1-A northwest of the intersection with Jackson Way, Draft Resolution No. 07-054 - Staff recommends the Board of County Commissioners consider two possible options: 1) Revoke the Conditional Use Permit 92-009 after a finding of facts; 2) Modify the Conditional Use Permit 92-009 with the consent of the owner, to detail the conditions' limitations on the accessory "reception" activities and approve Draft Resolution No. 07- 054. Ms. Jacqueline Goodman, resident at the Mellon Patch, addressed the Board in favor of the Mellon Patch. Ms. Cecilia De Felippis, Ft. Pierce resident , addressed the Board in favor of the Mellon Patch. Mr. Mike (unintelligible last name) addressed the Board in favor of the Mellon Patch. Mr. Norm Penter, resident, addressed the Board and stated he was not opposed to the agreement and questioned there being a conditional use in existence to continue with thus process. He also questioned the legality of the issue. 12 Ms. Jean Downey, North Hutchinson Island resident, addressed the Board in favor of the project. Mr. Guy Major, owner of the construction company, addressed the Board in favor of the project and stated the project was an asset to the county. Mr. Bob Johnson, President of Sands Community addressed the Board and read a letter from the association regarding the canal issue. The letter stated all the issues regarding the canal have been addressed and agreed to with all those concerned. Mr. Bill Casey, proposed area business representative, addressed the Board in favor of the project. Ms. Kathy Brennan, Riverwalk resident, addressed the Board and stated all 18 residents in Riverwalk were in favor of the project. Mr. Brian Combs, area resident addressed the Board and reminded everyone that the property was for everyone on the Island and expressed his concern with the density, the site plan and how the signage would be placed. The applicant advised Mr. Combs that each commercial unit will have a sign on the building itself visible from A-1-A and the restaurant will be a small scale Italian restaurant. Com. Smith pointed out a correction needed where it states BellSouth and it should be changed to AT&T and recommended a condition be added regarding the contribution. Staff addressed the language for the contribution to read as follows: "Prior to the issuance of the 36 h residential building permit, the developer shall pay $100.000 to the County for the Cultural Affairs needs to be distributed by the county accordingly in its discretion." The Chairman asked for consensus to this language. Com. Coward stated he did not agree with the amount and would agree to the original $230,000 amount. Com. Grande concurred with Com. Coward the $230,000 was an important factor and why did they not say what they meant with regards to the contribution. It places a question on their credibility. Com. Craft stated he would have agreed if the terms had remained the same, but they have changed and he now does not see this as the same project. Com. Lewis stated she did not support this project because of the contribution. She never felt this was a part her decision and would not make a decision today based on the contribution. She supported the project and is uncomfortable with the condition but will go along with it. Com. Smith stated he concurred with Com. Lewis and stated when he received the letter and phone call with the new amount he felt the issues were separate and would remain separate and he was not going to turn $100,000 away and at the end of the day his decision will not be based on whether they write a check or not. Com. Coward alluded to condition 21 in Resolution No. 06-055 that this was a condition of approval and not an after the fact. Com. Craft stated there has been a lot of negotiations with the area residents and they have gone through quite a bit the last couple of years to get through the project and will support the $100,000 figure. 11 Mr. John Olsen, Architect, Peacock and Lewis, addressed the Board's questions on the architectural standards being required. He stated page 3 letter "A" they could add the elevations and architectural standards as part of the approval condition. The Attorney for the applicant advised the Board they wished to adopt all the items and the Grande Beach File the county has for the record as well as staffs indication that this project is consistent with the County's Comprehensive Plan and Land Development Regulations. Com. Smith questioned how they would deal with some of the issues to make sure they do not have one side of the Homeowners Association making rules that would make it difficult for the commercial end to be viable. The Growth Management Director stated it should be included in the Homeowners Associations documents and presented at the final plan review. The Assistant County Administrator stated for the record, the Board had discussion on the appropriateness of the contribution being included in the Resolution and the letter from the applicant addressed this issue dated November 5`s where they stated they would be willing to do so as well as the County Attorney being comfortable with it. If they were to do this it would be consistent with what was done previously. Com. Coward questioned the amount. The Assistant County Administrator advised the Board the amount noted was $230,000. PUBLIC COMMENTS Mr. Bob Lowe, North Hutchinson Island resident addressed the Board in favor of the project and stated the Board needed to shorten the process. Ms. Joan Miller, Real Estate Broker, addressed the Board in favor of the project and felt is was the perfect transition. Ms. Sharon Lowe, Hutchinson Island resident, addressed the Board in favor of the project. Mr. Doug Davis, Atlantic Beach Blvd., resident addressed the Board and expressed his concerns with keeping commercial as the primary focus on this project. He expressed his concern with the parking spaces provided. Mr. Carl Williams, Marina Drive resident, addressed the Board and stated he felt it would impact his life more than anyone in the area and was in favor of the project. Mr. Michael Reardon, Marina Drive resident, addressed the Board in favor of the project due to the new site plan presented. Ms. Nancy Spaulding, Marina Drive resident, addressed the Board in favor of the project. Ms. Diane Andrews, addressed the Board in favor of the project, it's design and was pleased with the changes made. Mr. Paul Berg, North Hutchinson Island resident, addressed the Board and stated he was in favor of mixed use designation on the island, however there were certain specifics he was having a problem with. He felt the primary focus should be on the commercial aspect of the project. Mr. Jeff Mitchell, Cameron Drive resident, addressed the Board and expressed his concerns with commercial space being available in the future. 10 Page 6, paragraph D, delete the sentence, "shall be valid for the same"; Page 7, paragraph F line 13, insert Part "A" delete "B"; Page 7 paragraph G, insert at the beginning line 19 the sentence, "Except as otherwise provided" and paragraph H also insert Part "A" and delete "B". If this is approved staff is requesting the requirement of the contribution of the funds for the Seal Museum be added as a condition of approval. The amount has changed from $230,000 to $100,000. Com. Coward asked if this was a condition in our code. Staff advised the Board there is no such condition in our code. Com. Smith stated this was not a condition or part of this agreement and was wondering why this was being requested. Staff stated it was an item they proposed. Com. Coward stated he believed they were creating value to this project and felt the county should receive a fair return for this and felt the county has the discretion to request it. The applicant's attorneys stated they specified the amount and did not have a problem in it being a condition upon 50% of the build out of the project. Com. Lewis stated she was hesitant in doing it in the way of making it a requirement, however if the applicant is willing to contribute the funds she would not have a problem with it. Com. Grande addressed the previous contribution proposal of $230,000 and its distribution for the various areas within the county. He is wondering what action prompted changing the amount. The applicant stated the market has changed and the circumstances have changed from one year ago when this was proposed. It is not part of this application and it never was and he believes as they go through the project they will see what is being done for the betterment of the community. Com. Coward stated he would like to see it as part of the approval so that it does not disappear and asked the County Attorney if there would be a problem adding this to the approval. The County Attorney stated there would not be a problem in adding it as a condition of approval. This is not a case of a payment to an individual and the applicant has agreed to it. Com. Smith commented on the abandonment and that it was stated previously by the attorney that this was not required for payment because it was not part of how they conduct business or a rule. There is a fee that is presently charged for an abandonment. Com. Coward stated as a Board they are creating value and the developer should pay for public lands. Com. Smith addressed the difference of opinion between himself and Com. Coward. Mr. Michael Houston, Houston, Cuozzo, made a presentation on the project and the changes made to the PMUD i.e. size and units of buildings as well as change in location of a building and the increase in commercial space. Com. Coward addressed the architectural plans and asked if the overall architecture can be referenced and specified in the document. He would like to add the language requiring the architecture. Quasi Judicial All the Board members acknowledged meeting with the applicant and counsel and also receiving a -mails on this issue. Mr. Bobbi Klein, attorney for the applicant addressed the Board on this item and stated the applicant supports staffs recommendation that the text amendment be approved. Mr. Bill Casey, Aqulina Bank representative advised the Board that his company will be placing a branch bank in the commercial area of this project. Mr. Paul Berg, North Hutchinson Island resident, addressed the Board and stated his concerns with the text amendment language. He felt it leaves the door open as to how many units can be put in and recommended the figure of 40% be added instead of leaving it blank. Ms. Joan Miller, Real Estate Broker, addressed the Board in favor of the project. Ms. Nancy Spaulding, North Hutchinson Island resident, addressed the Board on this item and stated the new Mixed Use should be judged on an individual basis. Mr. William Gessner, Marina Drive resident addressed the Board in favor of the project. Mr. Fred Abby, Atrium Condo Association representative addressed the Board in favor of the project and stated his association was looking forward to the project being completed. Mr. Brian Combs, Atlantic Blvd. resident, addressed the Board and stated this commercial property was for all the residents of North Hutchinson Island and not only for those in close proximity to the project. He stated his opposition to the project due to the density. Ms. Deborah (unintelligible last name)? area resident, addressed the Board and stated she did not understand the reason for the increased units and felt it should be left at the present figure of 40% commercial to residential. Mr. Picarraro, North Beach Association member addressed the Board regarding the mixed use and it's restrictions. He stated if they were too restrictive the may not make the project economically viable. He advised the Board he was in favor of the project. Mr. Robert Budella, North Hutchinson Island resident, addressed the Board in opposition to any increase in residential that would reduce commercial. Com. Coward requested consensus from the Board in adding the language of " up to 70 units" to the document. It was the consensus of the Board to add this language to the document. It was moved by Com. Lewis, seconded by Com. Smith to adopt Ordinance No. 07-032 as amended, and; upon roll call, motion carried unanimously. 5.E GROWTH MANAGEMENT (1:41:58) Petition of Grande Beach North Hutchinson Island LLC for Preliminary Planned Mixed Use Development for a project known as Grande Beach PMUD- Consider staff recommendation to adopt Resolution No. 07-134 granting Preliminary Planned Mixed Use Development approval for the project to be known as Grande Beach- PMUD subject to the conditions therein. The Planning Manager addressed the changes to the Resolution as follows: ATTACHMENT C BOCC Minutes from the November 6, 2007 Public Hearing COMMISSIONER SMITH NOTES 6/�/08 PRESENTA TIONS/PROCLAMA TIONS "HIV TESTING DAY" Rebecca Hartley will be here to accept PULLED ITEMS; NONE ADDITIONS. - Please state for the record that we will be approving Warrant List No. 37 on the Consent agenda not 36. Thank you Consent L - Airport ATTACHMENT A RESOLUTION NO. 07-134 GRANTING PRELIMINARY PMUD APPROVAL 2 4 6 7 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 RESOLUTION NO. 07-134 m Affl File Number: PMUD-06-002�; A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA GRANTING PRELIMINARY PLANNED 9M Nla MIXED USE DEVELOPMENT (PMUD) SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS GRANDE BEACH-PMUD; PROVIDING FOR DETERMINATIONS; PROVIDING FOR APPROVAL a: SUBJECT TO CONDITIONS; PROVIDING FOR APPLICABILITY TO THE DESCRIBED AFFECTED PROPERTY; PROVIDING FOR g EXPIRATION; PROVIDING FOR ADDITIONAL PERMITTING; a" PROVIDING FOR ENFORCEMENT OF CONDITIONS; AND PROVIDING 0 FOR A RECORD FILE LOCATION; PROVIDING FOR CONFLICTS; g PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN p EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: Grande Beach North Hutchinson Island, LLC, presented a petition for a Change in Zoning from the CG (Commercial, General) Zoning District to the PMUD (Planned Mixed Unit Development — Grande Beach) Zoning District and Preliminary Planned Mixed Use Development for certain property in St. Lucie County, Florida, the purpose of which is to receive Preliminary Planned Mixed Use Development Site Plan Approval for a 70-unit multiple family condominium and 16,930 square feet commercial center to be known as Grande Beach — PMUD for property located on the west side of State Road A- 1-A at the northwest comer of the intersection of State Road A-1-A and Marina Drive. 2. On July 19, 2007, the St. Lucie County Planning and Zoning Commission held public hearings on the petition of Grande Beach North Hutchinson Island, LLC after publishing a notice of such hearing in the Tribune and Port St. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries at least 10 days prior to the hearing and recommended to this Board that the requested Change in Zoning form the CG (Commercial, General) Zoning District to the PMUD (Planned Mixed Use Development) Zoning District, be granted. 3. On September 20, 2007, at the request of the applicant, the St. Lucie County Planning and Zoning Commission held a second public hearing on the petition of Grande Beach North Hutchinson Island, LLC after publishing a notice of such hearing in the Tribune and Port St. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries at least 10 days prior to the hearing and recommended to this Board that the requested November 6, 2007 File No.: PMUD-06-002 Page 1 Resolution No. 07-134 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 Change in Zoning form the CG (Commercial, General) Zoning District to the PMUD (Planned Mixed Use Development) Zoning District, be granted. 4. On November 6, 2007, this Board held a public hearing on the petition of Grande Beach North Hutchinson Island, LLC, for Preliminary Planned Unit Development approval for the project to be known as Grande Beach PMUD, 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. 5. 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 St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 6. Upon compliance with the proposed conditions, the proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 7. Upon compliance with the proposed conditions, 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. 8. 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. 9. 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. 10. The proposed project will be served by adequate public facilities and services. 11. Upon compliance with the proposed conditions, the applicant has demonstrated that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. 12.The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: November 6, 2007 Resolution No. 07-134 File No.: PMUD-06-002 Page 2 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 A. Pursuant to Section 11.02.05(A) of the St. Lucie County Land Development Code, the Preliminary Planned Mixed Use Development Site Plan for the project to be known as Grande Beach be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by Houston Cuozzo Group Inc. P.A. dated July 1, 2005, subsequently revised through July 10, 2007, and date stamped received by the St. Lucie County Growth Management Department on August 3, 2007, subject to the following conditions: 1. Prior to Final Site Plan approval the site plan shall be modified to reflect a bicycle lane along the frontage of the project as well as the required Florida Department of Transportation right turn lane at the projects main entrance. 2. Prior to Final Site Plan approval the developer, successor or assignee shall provide a copy of all easement releases from AT&T and Florida Power and Light for encroachment of structures and dry detention areas into the AT&T and FPL easements located on the property. 3. Prior to Final Site Plan approval the site plan shall be corrected and submitted to the Growth Management Department with an indicated scale on the site plan graphics that can be utilized. 4. Prior to the construction of any access control devices, the developer shall have provided the St. Lucie County Fire District and the St. Lucie County Sheriffs Department with adequate access control devices or keys to permit emergency access to the property. 5. Prior to Final Site Plan approval the site plan shall be modified to clearly delineate the location of the grass pavers as indicated in the legend on the Preliminary Site Plan as grass pavers. 6. Prior to Final Site Plan approval the site plan shall be modified to provide the technical specifications for the proposed pervious pavers. 7. Prior to Final Site Plan approval the site plan shall be modified to indicate the location and typical pavement cross-section that meets or exceeds County standards. 8. Prior to Final Site Plan approval the site plan shall be modified to indicate the emergency access will be stabilized grass and gated for police and fire use only. 9. The Grande Beach PMUD community center shall be built to standards that allow it to be utilized as a hurricane shelter. The proposed community center shall be built with a) hurricane resistant glass; b) hurricane resistant doors; and c) an emergency generator. 10. A condition of any final approval for this Planned Mixed Use Development shall require that prior to the issuance of the 36t" residential building permit 8,465 square feet of commercial use must be constructed and has been issued a Certificate of Completion by the Building Department. An additional 7,535 square November 6, 2007 Resolution No. 07-134 File No.: PMUD-06-002 Page 3 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 feet of commercial floor area must be constructed prior to the issuance of a Certificate of Completion by the Building Department of the 60th residential unit to ensure that the minimum 16,000 square feet of commercial square footage is provided as required in the recent future land use amendment sub -area policies. 11. Prior to issuance of any building permits or vegetation removal permits for any portion of the Grande Beach PMUD site, the developers, their successor or assigns, shall properly root prune and prepare the three live oaks proposed to be relocated on site shall as part of the approval of a SLC Vegetation Removal Permit. 12. Prior to issuance of any building permits or vegetation removal permits for any portion of the Grande Beach PMUD site, the developers, their successor or assigns, shall submit (pursuant to the requirements of Rules 68A-25.002 and 68A-27.005 of the Wildlife Code of the State of Florida) a permit for a gopher tortoise relocation/release project must be secured from the FFWCC prior to initiating any construction on the parcel. Should the burrows be abandoned and no tortoises are captured for relocation the burrows shall be excavated by an environmental professional to ensure no commensal species remain in the burrow. ERD staff concurs that off -site relocation is the best option in this case. 13. Prior to issuance of any building permits or vegetation removal permits for any portion of the Grande Beach PMUD site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a revised landscape plan addressing all of the following issues: a. 7.09.04 E. requires the wall between multi -family and single family to measure 8 feet; the landscape plan shows the wall only measuring 6 feet. Please be sure the revised landscape plan identifies the minimum required wall height. b. Please be sure all plant materials planted are salt tolerant. The plan proposes 26 magnolia's and 11 sweetgum's — neither of which is salt tolerant. Please be advised of Section 7.09.03 D. 2. As part of the issuance of any Final Development Order/Permit requiring the installation of landscape materials as set forth in this code, excluding detached single-family (including individual mobile homes not located in a mobile home park), two-family, and three-family residences, the property owner shall submit to an inspection of the planted/preserved materials 18 months after the issuance of a certificate of occupancy or other use authorization as may be granted by the Public Works Director for the County. If it is determined that the planted landscaping is dead, diseased or otherwise not in compliance with the provisions of this Code and the original approved landscape plan, the property owner shall be provided notice and directed to correct any observed deficiencies and replace all noncompliant materials within 60 days. Failure to maintain all required landscaping shall be grounds for referral to the Code Enforcement Board for appropriate enforcement actions. The Public Works Director is authorized to include within the building permit fee, adequate charges to cover the costs of enforcing the requirements of this section. November 6, 2007 File No.: PMUD-06-002 Page 4 Resolution No. 07-134 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 c. To ensure the landscape plan graphic is consistent with the landscape plan plant list, revise the plans to correct the following discrepancies: i. Plant list shows 24 BS; graphic shows 22; ii. Plant list shows 5 IC-30; graphic shows 0; iii. Plant list shows 9 MGB-65; graphic shows 10; iv. Plant list shows 28 QV-65; graphic shows 31; v. Plant list shows 29 QV-100; graphic shows 20; vi. Plant list shows 20 CN; graphic shows 22; vii. Plant list shows 35 RE; graphic shows 36; viii. Plant list shows 41 SP; graphic shows 48; ix. Plant list shows 62 HIR; graphic shows 53; x. Graphic shows 5 "LC-30" but the plant list does not identify this symbol; xi. The graphic has 40 MF labeling a sidewalk — where are the 40 MF to be planted? 14. Property owner association documents or Declaration of Covenants shall be submitted and approved by the County Engineer prior to Final PMUD (Planned Mixed Use Development) approval. 15. The developer shall advise potential buyers of the residential units that the property is located within 4 miles of the St Lucie County International Airport and aircraft will be operating in the area. 16. Prior to issuance of a construction permit for this project, the developers, their successors and assigns, shall have entered into an enforceable utility service agreement with St. Lucie County Utilities to ensure the provision of water and sewer services. This agreement shall be in a form consistent with St. Lucie County Utility District regulations regarding utility service extensions and service provisions. 17. Prior to Final PMUD approval the developer, successor or assign shall provide the conceptual design drawings of all multi -family and nonresidential buildings to indicate the buildings to be erected within the project shall be substantially consistent with the Mediterranean style architectural renderings presented at the November 6, 2007 Board of County Commission meeting. Color selections shall also be provided for review and approval by the County as part of the Final development plan application. The Final PMUD site plan documents shall also include a list of the green building technology the applicant proposed to use in the development and construction of the proposed buildings. Compliance with the County's Community Architectural Standards shall also be addressed as part of the Final PMUD review. 18. Prior to Final Site Plan approval the Grande Beach PMUD shall comply with the following conditions: • Residential land uses will be limited to a maximum of 70 dwelling (multifamily) units. • The maximum 40% residential threshold set forth in Section 7.03.03.A of the St. Lucie County Land Development Code will not be applicable to development on this site. November 6, 2007 Resolution No. 07-134 File No.: PMUD-06-002 Page 5 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 • The minimum commercial square footage permitted is 16,000 square feet and the maximum commercial square footage permitted is 20,000 square feet. • At fifty percent (50%) of residential build -out (35 dwelling units), fifty percent (50%) of the commercial square footage (6,000 square feet) must be constructed. Prior to the issuance of the 361" residential building permit 8,465 square feet of commercial use must be constructed and issued a Certificate of Completion by the Building Department. Staff recommends that the remaining 7,535 square feet that is required to be constructed to meet this sub area policy be completed prior to the issuance of a building permit for the 60th residential unit. This condition is intended to ensure that the minimum 16,000 square feet of commercial square footage is provided. The commercial component of the project shall be integrated into the overall site design through architecture, verticaUhorizontal integration of uses, building materials, color and street orientation. • A designated transit stop shall be provided within the development. Any resolution granting Final PMUD approval to the Grande Beach project shall include a condition requiring the applicant to install or provide for the installation of at least one transit/bus shelter in a location to be reviewed and approved as part of the FINAL PMUD application. A fee in lieu of construction for the required transit shelter may be considered as part of the Final PMUD application. • No industrial use will be permitted within the development. 19. The owner, developer or assigns shall advise buyers of the residential units that this is a mixed use development and some of the uses will be commercial. This notice shall be included, but not limited to, the property owner association documents or Declaration of Covenants to be submitted and approved prior to Final Planned Mixed Use Development approval. 20. A condition of any final approval for this Planned Mixed Used Development shall require that prior to the issuance of the 36t° residential building permit, the developer shall pay $100,000 to the County for Cultural Affairs needs, to be distributed by the County accordingly in its discretion. B. The property on which this site plan approval is being granted is described below. LEGAL DESCRIPTION: Tract "E-1", Blocks 8 and 9 and alleys abutting thereto, Tract "F-1" and Tract "A" and the portion of Coral Avenue (n/k/a Flotilla Terrace) lying north of Marina Drive, according to the plat of Coral Cove Beach, Section One, as recorded in Plat Book 11 at Pages 30A and 30B of the Public Records of St. Lucie County, Florida. November 6, 2007 Resolution No. 07-134 File No.: PMUD-06-002 Page 6 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 Containing 9.444 acres more or less. Location: Northwest comer of State Route A-1-A and Marina Drive, on North Hutchinson Island. C. This Preliminary Planned Unit Development Site Plan approval shall expire on November 6, 2009, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or Final Planned Unit Development Approval has been granted. D. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this Site Plan approval or any extension granted thereto. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. E. The Preliminary Planned Mixed Use Development Site Plan/General Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Grande Beach North Hutchinson Island, LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations form the appropriate State and Federal regulatory authorities, including but not limited to; the United Stated 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 permits of authorizations to commence development activities on the property described in Part B. F. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. G. Except as otherwise provided in Part F, if any portion of this resolution 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 resolution or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. H. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Department. I. This resolution shall take effect upon adoption by the Board of County Commissioners. November 6, 2007 Resolution No. 07-134 File No.: PMUD-06-002 Page 7 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 3Y 33 34 35 36 37 38 39 40 41 J. ADOPTION After motion and second, the vote on this resolution was as follows: Chairperson Chris Craft AYE Vice Chairperson Joe Smith AYE Commissioner Doug Coward NAY Commissioner Paula A. Lewis AYE Commissioner Charles Grande NAY PASSED AND DULY ADOPTED this 6th day of November, 2007. ATTEST: PUTY November 6, 2007 File No.: PMUD-06-002 Page 8 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED At Tb FOOM AND CdRRtCTNESS: Resolution No. 07-134 1 2 3 4 5 6 7 M 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 Exhibit A Certificate of Capacity November 6, 2007 Resolution No. 07-134 File No.: PMUD-06-002 Page 9 Date: 6/21/2007 2300 Virginia Avenue CERTIFICATE OF CAPACITY Ft(P72�62--2822982 Certificate No. 2646 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Grande Beach Mbod Use Development Number of units 70 Number of square feet 16930 2. Property legal description & Tax ID no. 142570101530007;142570101550001;142570101769=;142570101920002 North Hutchinson Island Grande Beach PMUD Coral Cove Beach 3. Approval: Building Permit Resolution No. 07-134 4. Subject to the following conditions for concurrency: Owner's name Grande Beach N Hutchinson Isla Address 601 Mockingbird Ln Plantation FL 33324 Letter 6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the Development Order. Section 5.08.04(B)., St. Lucie County Land Development Code. This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. '; 013 ,✓i X Signed et 44 Date: 7111/2007 Growth Management Director. St Lucie County, Florida W A •s (2.o>Jt a. Signed _ Date: 7/1112007 Concurrency Review by: Wednesday, July 11, 2007 Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Exhibit B Vicinity Maps Site Location Map November 6, 2007 File No.: PMUD-06-002 Page 10 Resolution No. 07-134 . Q � � � 04 ` ` lag w a m c � » | 2 0 \$ k ƒ R -• t 2 ^ , O 7 CO IL , � k � _ ! D ■ ' . . P. % ! !- - — t ZN -'Ns ` | ; .,, _ | I •,— � � � . | + _oo__e A petition of Grande Beach North Hutchinson Island, LLC for a Change in Zoning from CG (Commercial, General) Zoning District to PMUD (Planned Mixed Use Development) Zoning District and Preliminary Planned Mixed Use Development approval for the project to be known as Grande Beach PMUD W C\R S 1AKE�� S 0 00 Q� OCELOT WAY -n rO a MARINA DR K BERMUDA BEACH DR g O > W x BIMINI DR y z SHOREWINDS OR cc � Z o g Z op Legend N PMUD 06-002 9��� ' ® Subject property Map prepared June 25, 2007 Land Use Grande Beach North Hutchinson Island, LLC Zoning Grande Beach North Hutchinson Island, LLC DR PMUD 06-002 Legend Map prepared June 25, 2007 U� ATTACHMENT B SITE PLAN DOCUMENTS C(oc, SOUTH FLORIDA WATE EMENT DISTRICT MARTIN/ST. LUCIE SERVICE CENTER Willoughby Crossroads, 780 SE Indian Street, Stuart, FL 34997 (772) 223-2600 • FL WATS1-800-250-4100 • Suncom 269-2600 • Fax (772) 223-2608 • www.sfwmd.gcv/msl/ Application No. 071127-16 Environmental Resource Regulation April 17, 2008 Ih�JJ a^� Stefan Matthes, P.E. (�►� Culpepper & Terpening 2980 South 25th Street N Fort Pierce, FL 34981 l �n jL Subject: Grande Beach, St. Lucie County; S 25/T34S'/R40E YU. OV-0-1 Dear Mr. Matthes: Staff has completed a review of the above referenced application for Grande Beach. Pursuant to Rule 40E-40, Florida Administrative Code (FAC), the District is requesting the following information needed to complete the application. Staffs review of the existing site conditions appears to indicate that the existing shopping center discharges stormwater to an on site ditch with no off site connection. Staff was unable to locate the "existing RCP Culvert" connection to the canal. Please contact Glen Gareau, P.E. to schedule a site visit to verify the existence and location of the "existing RCP Culvert" the project is proposing to connect to and use as its outfall. 2. The project boundary survey does not indicate the applicant owns the parcel at the end of the canal that the "existing" RCP culvert traverses to reach the canal. Please provide a recorded easement from the land owner for the "existing" outfall culvert. 3. The site plan indicates a walk way is proposed to connect to the existing off site dock and (4) four wet slips at the end of the canal. Who owns these docks and wet slips? Please indicate what activities the applicant intends relative to the proposed connection to the docks and provide a recordable easement or authorization from the dock owner. 4. The use of key ditches from inlet points to outlets within the dry detention ponds as indicated on the plans may short circuit the water quality function of the dry detention ponds. Please revise the design and provide a physical connection or demonstrate the on site soils will recover the system by percolation. Staff recommends under drains be used as an alternative to key ditches to assist the system with recovery during the wet season. 5. As previously indicated, it appears that the proximity of the out fall control structure to an inlet culvert from SD-8 may cause short circuiting of the water quality treatment process. Please revise the design such that the inflows to the last detention pond are as far from APR 1$9o8 DISTRICT HEnD(UnRTERs: 3301 Gun Club Road, P.O. Box 24680, West Palm Beach, FL 33416-4680 • (561) 686-880C • FL WATS 1-800-43221oQ Stefan Matthes, P.E. Application 071127-16, Grande Beach April 17, 2008 Page 2 the outfall as practical to prevent short circuiting of the water quality treatment function of the surface water management system. 6. Since the proposed dry detention pond has a bottom elevation of 3.0 NGVD, it appears as though the control structure may require a stabilized sump in order for storm water to enter the structure at elevation 2.0 NGVD. Please revise the control structure detail to provide a stabilized sump or other method. 7. As previously requested, please provide a copy of the FDOT permit for the proposed improvements within State Road A1A. As indicated on the FDOT Pre -application letter provided, the letter is not a permit or approval from FDOT. Please be advised if the ERP application is ready to be issued and the applicant has not obtained an approval from FDOT the permit will be conditioned to restrict construction within FDOT right way until an FDOT permit or approval is provided to the SFWMD. 8. Staff was unable to locate sheet 4A (Off Site Road Improvements) in the submittal. As previously requested, the turn lane section implies a swale is located between the edge of pavement and the side walk. However, no grading information is provided for the proposed swale and there does not appear to be any culverts proposed under the main entrance or the north access drive. Where will runoff from AM along the project frontage be directed? Please revise the grading plan to provide additional existing and proposed grading of the off site improvements. 9. The response indicates that 0.62 acres of AIA improvements were incorporated into the design for treatment and attenuation. The water quality calculation indicates a 10 acre basin and the ICPR model indicates a 9.4 acre basin. Please revise the plans and analysis to provide treatment and attenuation for all proposed improvements and off site contributing areas. Please revise the calculations and ICPR model for consistency. 10. As previously requested, please revise the grading plans to include the FEMA flood elevation. 11.As previously requested, please revise the plans to provide sufficient topographic information to demonstrate how runoff from the design storm event is collected and contained in the surface water management system consistent with the proposed post development basin boundary and peak stage of the design storm. The analysis implies the property line is the basin boundary and the response indicates off site areas were included. However, several areas along the property line do not include proposed grading and existing grades are below the peak stage indicated to be 6.2 ft. NGVD. Please provide representative cross -sections and/or grading along the proposed basin boundary. If a berm is proposed for containment of the design storm, please indicate the location and elevation of the berm on the plan sheet. If a containment berm or swales are used as part of the surface water management system they should be located on common property controlled by the operating entity or in an easement dedicated to the operating entity for Stefan Matthes, P.E. Application 071127-16, Grande Beach April 17, 2008 Page 3 perpetual operation and maintenance. Please revise the plans and supporting analysis as necessary. 12. The ICPR model includes a cross section called W-notch". Please provide a node reach schematic and describe how this cross-section was used in the model. 13.The plans indicate the proposed bleeder was revised from a minimum 3 inch circular orifice to a 3 inch by 3 inch rectangular orifice. Please provide the analysis indicating the bleeder was sized to convey no more than 1/2 inch over the basin in 24 hours. 14.As previously indicated, the submitted information indicates that a dewatering application will be filed with the District under separate cover. According to the District's database, the District has not yet received a dewatering application. Please coordinate with the District's Water Use Division (800-547-2694) regarding submittal of the application. These applications will be processed concurrently and final agency action recommended when both applications are complete. Please provide the water use application number in response to this comment. 15.If the applicant intends to use the existing docks, please revise the site plans to include the existing dock structures and square footage. Pleas revise the POA documents to indicate the maximum: number of slips, boat length, and draft of vessels. 16.If the applicant intends to do any work near the existing mangrove shore line including construction or replacement of an outfall culvert, the plans should be revised to include detailed construction notes, turbidity barriers, and sufficient construction detail to ensure the existing mangroves will not be impacted. If the outfall pipe does not exist, staff recommends installing the outfall pipe underneath the existing dock entryway to avoid impacts to mangroves. 17.The existing commercial center appears to have several monitoring wells that may have been associated with monitoring ground water or soil contamination. Please indicate the purpose of these monitoring wells and the status of use relative to any existing or historical contamination in the area. In accordance with 40E-1.603(1)(c), FAC, if the information is not received within 30 days of this date, to render the application complete, the application may be processed for denial if not withdrawn by the applicant. Please attach a copy of the enclosed "Transmittal Form for Requested Additional Information" to each of the required FOUR copies of the requested information. The response to this request for additional information can now be submitted online at http://my.sfwmd.gov/ePermitting. Alternatively, providing a disk with your written response containing the documents and plans in electronic format (preferably .pdf) will expedite administrative processing and internet posting of the application, and save paper. Stefan Matthes, P.E. Application 071127-16, Grande Beach April 17, 2008 Page 4 Should you have any questions, please call Glen Gareau, P.E. of the Surface Water Management Division at (772) 223-2600, extension 3618 or Shawn McCarthy of the Natural Resource Management Division at extension 3625. Sincerely, Hugo A. Carter, P.E. Engineer Supervisor Okeechobee -Martin -St. Lucie Regulatory Division South Florida Water Management District HAC/gg/sm cc: Applicant St. Lucie County Community Development Director St. Lucie County Engineer St. Lucie County Environmental Resource Manager Georgi Celusnek, P.E., FDOT District 4 Drainage Engineer Bob Emery, adjacent land owner Permit information and additional resources for permit applications can be found on line at my.sfwmd.gov/permitting. APPLICANT TRANSMITTAL FOR REQUESTED ADDITIONAL INFORMATION (One copy of this form must be included with the 4 sets of information submitted concerning a pending permit application for an Environmental Resource, Surface Water Management or Water Use Permit.) For submittal addresses, see page 2. Application #: Project Name: Project Location: Reviewer's Name: Date: County ER ❑ SW ❑ WU ❑ S IT!R Information included in response: Additional Revised 1. ❑ ❑ 2. ❑ ❑ 3. ❑ ❑ 4. ❑ ❑ 5. ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 9 ❑ ❑ 10. ❑ ❑ Respondent Signature Form 0970 (0812007) Page 1 of 2 AGENDA REQUEST ITEM NO. DATE: June 17, 2008 S - J REGULAR [XX] PUBLIC HEARING [] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Resolution No. 08-206 - Florida Capital Improvement Refunding Revenue Note, Series 2008 BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See attached memorandum RECOMMENDATION: COMMISSION ACTION: Staff recommends that the Board adopt Resolution No. 08-206 and authorize the Chairman to sign the Resolution. APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept. Finance: (Check for copy only, if applicable) County Administrator Review and Approvals Management & Budget Solid Waste Dir.: Public Works Dir: County Eng.:_ Eff. 5/96 Bryant - Miller - Olive P.A. MEMORANDUM TO: Chairman and Members of the Board of County Commissioners of St. Lucie County, Florida FROM: Robert Freeman Camille Evans CC: Daniel S. McIntyre, County Attorney Douglas M. Anderson, County Administrator Marie Gouin, Management and Budget Director Jay Glover, Public Financial Management DATE: June 9, 2008 RE: St. Lucie County, Florida Capital Improvement Refunding Revenue Note, Series 2008 The attached Resolution No. 08-206 would authorize the borrowing of up to $15,000,000, in the form of a term loan, from SunTrust Equipment Finance & Leasing Corp. (the 'Bank"), for the purpose of refunding the County's Capital Improvement Revenue Note, Series 2003 (the "2003 Note") and Capital Improvement Revenue Note, Series 2004B (the "2004B Note," and together with the 2003 Note, collectively herein referred to as the "Refunded Notes"). Both of the Refunded Notes are scheduled to mature on July 1, 2008. The respective payoff amounts are $7,628,886.30 for the 2003 Note and $4,824,235.06 for the 2004B Note. The Resolution authorizes the acceptance of the Proposal from the Bank to provide the term loan. It also authorizes the execution of a Loan Agreement between the County and the Bank and delivery of a Series 2008 Note by the County to the Bank to evidence the amounts due to the Bank by the County under the term loan. The form of Loan Agreement is an exhibit to the Resolution. The term loan, evidenced by the Loan Agreement and the Series 2008 Note, would be secured by a covenant of the County to budget and appropriate in each Fiscal Year amounts of legally available Non -Ad Valorem Revenues sufficient to pay the principal and interest on the term loan coming due in such year. Neither the faith and credit nor taxing power of the County would be pledged. The Series 2008 Note would mature no later than October 1, 2022. The Bank and the County have locked in an interest rate of 4.23%. (250481003/00251632.DOCv1} RESOLUTION NO. 08-206 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE REFUNDING OF THE COUNTY'S IMPROVEMENT REVENUE NOTE, SERIES 2003 AND IMPROVEMENT REVENUE NOTE, SERIES 2004B; PROVIDING FOR BORROWING THE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 ON A TERM LOAN BASIS FROM SUNTRUST EQUIPMENT FINANCE & LEASING CORP., TO PAY COSTS ASSOCIATED WITH SUCH REFUNDING; PROVIDING FOR THE ISSUANCE OF A CAPITAL IMPROVEMENT REFUNDING REVENUE NOTE, SERIES 2008 TO EVIDENCE THE COUNTY'S OBLIGATION TO REPAY SUCH TERM LOAN; PROVIDING FOR THE PAYMENT OF THE NOTE AND THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT IN CONNECTION THEREWITH; COVENANTING TO BUDGET AND APPROPRIATE FROM LEGALLY AVAILABLE NON -AD VALOREM REVENUES IN AMOUNTS NECESSARY TO PAY THE PRINCIPAL OF AND INTEREST ON SUCH NOTE AND ALL OBLIGATIONS DUE THEREUNDER; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE NOTE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the provisions of Chapter 125, Part I, Florida Statutes, Ordinance No. 87-77 of the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County"), as amended, and other applicable provisions of law. SECTION 2. DEFINITIONS. The following terms shall have the following meanings when used in this resolution unless the context clearly requires otherwise. Words importing singular numbers shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Loan Agreement. "Act" means Chapter 125, Part I, Florida Statutes, Ordinance No. 87-77 of the Board of the County, as amended, and other applicable provisions of law. "Board" means the Board of County Commissioners, as the governing body of the County. "Bond Counsel" means Bryant Miller Olive P.A. "Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice Chairman. 1 "Clerk" means the Clerk of the Circuit Court of the County or, in the Clerk's absence, any Deputy Clerk. "Code" means the Internal Revenue Code of 1986, as amended. "County" means St. Lucie County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County, as the chief administrative officer or the County Administrator's designee. "Covenant" means the covenant to budget and appropriate moneys to pay the Note contained in Section 10 of the Loan Agreement. "Director" means the Director of the Office of Management and Budget of the County. "Financial Advisor" means Public Financial Management, Inc., Orlando, Florida. "Loan" means the advance of moneys from the Purchaser to the County pursuant to the Loan Agreement. "Loan Agreement" means the agreement between the Purchaser and the County setting forth the terms and details of the Loan, in substantially the form attached hereto as Exhibit A with such modifications or changes thereto as may be necessary or desirable, in the opinion of the County Administrator, upon the advice and recommendation of the Financial Advisor, the County Attorney, and Bond Counsel, to conform the terms thereof to the terms of the Proposal or to secure for the County any additional rights or privileges not inconsistent with the terms of the Proposal, such approval to be presumed by the execution and delivery thereof by the County to the Purchaser. "Non -Ad Valorem Revenues" means all (a) revenues received by the County from sources other than the levy of ad valorem taxes upon property and (b) legally available for payment of the principal of and interest on the Note. "Note" means the St. Lucie County, Florida, Capital Improvement Refunding Revenue Note, Series 2008, authorized herein, in substantially the form attached to the Loan Agreement as Exhibit A, with such modifications or changes thereto as may be necessary or desirable, in the opinion of the County Administrator, upon the advice and recommendation of the Financial Advisor, the County Attorney, and Bond Counsel, to conform the terms thereof to the terms of the Proposal or to secure for the County any additional rights or privileges not inconsistent with the terms of the Proposal, such approval to be presumed by the execution and delivery thereof by the County to the Purchaser. "Pledged Revenues" means the Non -Ad Valorem Revenues budgeted, appropriated and deposited into the sinking fund established under the Loan Agreement pursuant to the Covenant. 2 "Proposal" means the Proposal dated May 27, 2008, for purchase of the Note and the provision of a term loan financing, submitted to the County by the Purchaser and accepted by the County, and attached to the Loan Agreement as Exhibit B. "Purchaser" means SunTrust Equipment Finance & Leasing Corp., 300 East Joppa Road, 7th Floor, Towson, Maryland 21286, a corporation organized and existing under the laws of the Commonwealth of Virginia and authorized to do business in the State of Florida and its successors and/or assigns. "Refunded Notes" means the Series 2003 Note and the Series 2004B Note. "Resolution" means, collectively, this resolution and all resolutions amendatory hereof and supplemental hereto. "Series 2003 Note" means the St. Lucie County, Florida Capital Improvement Revenue Note, Series 2003 currently outstanding in the principal amount of $7,500,000.00. "Series 2004B Note" means the St. Lucie County Florida, Capital Improvement Revenue Note, Series 2004B currently outstanding in the principal amount of $4,743,423,00. SECTION 3. FINDINGS. It is hereby found, declared, and determined by the Board. (A) The Board deems it necessary and desirable and in the best interests of the health, safety and welfare of the residents of the County that the County refund the Refunded Notes. The County is authorized pursuant to the provisions of the Act to refund the Refunded Notes. (B) The County is without adequate, currently available funds to retire the Refunded Notes and it is necessary and desirable and in the best interests of the County and its residents that the County borrow the moneys necessary to refund the Refunded Notes. The County is authorized pursuant to the provisions of the Act to borrow moneys to refund the Refunded Notes. (C) The County has solicited proposals from lending institutions for the Loan, the results of which have been tabulated by the Financial Advisor. Pursuant to the Financial Advisor's advice, the Director determined that the Purchaser's Proposal contained terms most favorable to the County. (D) Because of the complex nature of the Loan, the Note and the Loan Agreement, the nature of the security for the Loan, and the fact that the Note is not expected to be rated or insured, it is in the best interests of the County to sell the Note to and obtain the Loan from the Purchaser pursuant to a negotiated placement and in accordance with the terms of the Proposal. 3 (E) It is necessary and desirable and in the best interests of the health, safety and welfare of the County and its residents to provide for the securing of the County's obligation to repay the Loan by making and entering into the Covenant, executing and delivering the Loan Agreement, and issuing the Note in connection therewith. The County is authorized pursuant to the provisions of the Act to secure the Note with the Pledged Revenues. (F) The obligation of the County to repay the Note in accordance with its terms and to make the payments required under the Loan Agreement is hereby declared to be and shall be a special, limited obligation of the County, secured solely by the Pledged Revenues. The obligation of the County to repay the Note in accordance with its terms and to make any other payments, if any, required under the Note or the Loan Agreement shall not be or constitute a general obligation or indebtedness of the County and neither the Note nor the Loan Agreement shall be or constitute a "bond" of the County within the meaning of Article VII, Section 12, Florida Constitution (1968). Neither the Purchaser nor any successor owner of the Note shall be entitled to compel the payment of the principal of or interest on the Note or the making of any payments required under the Note or the Loan Agreement from any moneys of the County other than the Pledged Revenues. In particular, neither the Purchaser nor any successor owner of the Note shall be entitled to compel the levy of ad valorem taxes by the County to pay the principal of and interest on the Note or to make any payments required under the terms of the Loan Agreement or in order to maintain services or activities that generate Non -Ad Valorem Revenues. Furthermore, the obligation of the County to repay the Note in accordance with its terms and to make the payments, if any, required under the Loan Agreement shall not constitute a lien upon or pledge of an interest in the projects financed by the Refunded Notes or any other property of or in the County, but shall constitute a lien only upon the Pledged Revenues. SECTION 4. APPROVAL OF PROPOSAL. The County hereby accepts the Purchaser's Proposal. The County Attorney and Bond Counsel, are hereby authorized and directed to proceed to prepare the necessary documents to consummate the Loan. SECTION 5. AUTHORIZATION OF NOTE. Subject and pursuant to the provisions hereof and in accordance with the provisions of the Loan Agreement and the Proposal, the issuance by the County of its Capital Improvement Refunding Revenue Note, Series 2008, in a principal amount not to exceed fifteen million dollars ($15,000,000), to be dated, to bear interest, to be payable, to mature, to be subject to redemption and to have such other characteristics as provided in the Loan Agreement and the Proposal, and to be secured solely by the Pledged Revenues, is hereby authorized. SECTION 6. APPROVAL OF FORM OF AND DELIVERY OF LOAN AGREEMENT AND NOTE. The Loan Agreement attached hereto as Exhibit A, and the Note attached thereto and incorporated herein by this reference, in substantially the forms provided, are hereby approved, and the Chairman and Clerk are hereby authorized to execute and deliver such documents and to make such changes and take such other actions as shall be necessary to consummate the Loan. 4 SECTION 7. DELIVERY OF NOTE. The delivery of the Note to the Purchaser is hereby authorized. The Chairman, the Clerk, the County Administrator, the Director, and the County Attorney are each designated agents of the County in connection with the execution and delivery of the Note and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the County which are necessary or desirable in connection with the execution and delivery of the Note to the Purchaser, including, but not limited to, modifications to the Loan Agreement and the Note to conform to or supplement the Proposal. SECTION S. APPLICATION OF PROCEEDS OF NOTE. Immediately upon receipt from the Purchaser, the County shall apply the proceeds of the Note as follows: (a) a sufficient amount of the proceeds shall be used by the County to pay for the costs and expenses associated with issuing the Note and borrowing the Loan; (b) $7,628,886.30 of the proceeds shall be transferred to SunTrust Bank as the holder of the Series 2003 Note to pay all outstanding payments due thereunder; and (c) $4,824,235.06 of the proceeds shall be transferred to SunTrust Bank as the holder of the Series 2004B Note to pay all outstanding amounts due thereunder. SECTION 9. AUTHORIZATION OF OTHER ACTION. The Chairman, the Clerk, the County Administrator, and the Director are each hereby designated agents of the County in connection with the execution and delivery of the Loan Agreement and the Note and the refunding of the Refunded Notes and are hereby authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the County which are necessary or desirable in connection with the execution and delivery of the Loan Agreement and the Note to the Purchaser, including, but not limited to, the making of modifications to the Loan Agreement and the Note to conform the provisions thereof to the provisions of the Proposal. SECTION 10. REPEAL OF INCONSISTENT PROVISIONS. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. SECTION 11. SEVERABILITY. If any one or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of this resolution or of the Note or Loan Agreement delivered hereunder. SECTION 12. AMENDMENT. After the issuance of the Note, the resolution may not be amended or repealed except with the prior written consent of the Purchaser. E SECTION 13. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 17h day of June, 2008, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA (SEAL) Chairman, Board of County Commissioners ATTEST: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney ) 25048/003/00250493. DOCv2 ) 6 EXHIBIT A FORM OF LOAN AGREEMENT A-1 LOAN AGREEMENT by and between ST. LUCIE COUNTY, FLORIDA and SUNTRUST EQUIPMENT FINANCE & LEASING CORP. Dated June 25, 2008 relating to ST. LUCIE COUNTY, FLORIDA CAPITAL IMPROVEMENT REFUNDING REVENUE NOTE, SERIES 2008 TABLE OF CONTENTS Page SECTION1. DEFINITIONS..............................................................................................................................2 SECTION 2. INTERPRETATION.....................................................................................................................4 SECTION3. THE LOAN...................................................................................................................................5 SECTION 4. DESCRIPTION OF NOTE..........................................................................................................5 SECTION 5. EXECUTION OF NOTE..............................................................................................................5 SECTION 6, REGISTRATION AND TRANSFER OF NOTE.......................................................................5 SECTION 7. NOTE MUTILATED, DESTROYED, STOLEN OR LOST......................................................6 SECTIONS. FORM OF NOTE..........................................................................................................................7 SECTION 9. SECURITY FOR NOTE; NOTE NOT DEBT OF THE COUNTY; SINKING FUND ........... 7 SECTION 10. COVENANTS OF THE COUNTY.............................................................................................7 SECTION 11. REPRESENTATIONS AND WARRANTIES...........................................................................9 SECTION 12. CONDITIONS PRECEDENT...................................................................................................10 SECTION13. NOTICES.....................................................................................................................................11 SECTION 14. EVENTS OF DEFAULT DEFINED..........................................................................................11 SECTION15. REMEDIES..................................................................................................................................12 SECTION 16. NO PERSONAL LIABILITY.....................................................................................................12 SECTION 17. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS................................13 SECTION 18. AMENDMENTS, CHANGES AND MODIFICATIONS......................................................13 SECTION 19. BINDING EFFECT.....................................................................................................................13 SECTION20. SEVERABILITY..........................................................................................................................13 SECTION 21. EXECUTION IN COUNTERPARTS.......................................................................................13 SECTION 22. APPLICABLE LAW...................................................................................................................13 This LOAN AGREEMENT is made and entered into as of June 25, 2008 by and between ST. LUCIE COUNTY, FLORIDA (the "County"), and SUNTRUST EQUIPMENT FINANCE & LEASING CORP., a corporation organized and existing under the laws of the Commonwealth of Virginia and authorized to do business in the State of Florida (the "Purchaser"). WITNESSETH: WHEREAS, the County has previously determined that it is necessary, desirable and in the best interests of the County and its inhabitants that the County refund the Refunded Notes (as hereinafter defined), and that said refunding will serve essential public purposes of the County; and WHEREAS, the County has determined that it is without adequate currently available funds to retire the Refunded Notes and that it will be necessary that funds be made available to the County in order to refund the Refunded Notes; and WHEREAS, the County requested proposals from various lending institutions to provide the County with a term loan to finance the refunding of the Refunded Notes; and WHEREAS, pursuant to the Proposal, a copy of which is attached hereto as Exhibit B, the Purchaser has agreed to lend the County an aggregate principal amount of $ to refund the Refunded Notes; and WHEREAS, the Proposal was determined to be the lowest cost and most responsive proposal submitted; and WHEREAS, pursuant to the Resolution, the County has determined that it is in the best interest of the health, safety and welfare of. the County and the inhabitants thereof that the County enter into the Covenant contained in Section 10 herein to secure the obligations of the County to repay the principal of and interest on the Note when due; and WHEREAS, the obligation of the County to repay principal of and interest on the Note will not constitute a general obligation or indebtedness of the County as a "bond" within. the meaning of any provision of the Constitution or laws of the State, but shall be and is hereby declared to be a special, limited obligation of the County, secured solely by the Non -Ad Valorem Revenues budgeted and appropriated and deposited to the credit of the Sinking Fund in the manner provided herein (the 'Pledged Revenues"); and WHEREAS, the County is not authorized to levy taxes on any property of or in the County to pay the principal of or interest on the Note or to make any other payments provided for herein; and 1 WHEREAS, neither the Note nor any interest granted to the Purchaser herein shall be or constitute a lien upon the projects financed by the Refunded Notes or upon any other property of or in the County, - NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: SECTION 1. DEFINITIONS. Capitalized terms used in this Loan Agreement and not defined in this Section 1 shall have the meaning assigned in the Resolution. The following terms shall have the following meanings herein, unless the text otherwise expressly requires: "Act" means Chapter 125, Part I, Florida Statutes, as amended, Ordinance No. 87-77 of the Board, as amended, and other applicable provisions of law. "Authorized County Representative" means the Chairman, the County Administrator or their designees. "Authorized Investments" means any investment, obligation, agreement or other financial instrument to the extent not inconsistent with the terms of the investment policy of the County and applicable law. "Board" means the Board of County Commissioners of the County, as the governing body of the County. "Bond Counsel" means Bryant Miller Olive P.A. "Business Day" means any day of the year other than a day on which the Purchaser or the County are lawfully closed for business. "Chairman" means the Chairman of the Board, or, in the Chairman's absence, the Vice - Chairman of the Board, or such other person as may be duly authorized to act on the Chairman's behalf. "Clerk" means the Clerk of the Circuit Court for St. Lucie, County, or, in the Clerk's absence, any Deputy Clerk duly authorized to execute documents or take other action, as the case may be, on the Clerk's behalf. "Code" means the Internal Revenue Code of 1986, as amended. "County" means St. Lucie County, Florida. "County Administrator" means the County Administrator, as the chief operating officer of the County. 2 "Covenant" means the County's covenant to budget and appropriate Non -Ad Valorem Revenues to pay the Note and the interest thereon, as set forth in Section 10 hereof. "Date of Delivery" means June 25, 2008. "Default" means an Event of Default as defined and described in Section 15 hereof. "Director" means the County's Director of the Office of Budget and Management. "Fiscal Year" means the period from each October 1 to the succeeding September 30. "Interest Payment Date" means each April 1 and October 1, commencing October 1, 2008, through and including October 1, 2022. "Interest Rate" means the rate of interest payable on the Note authorized by the Resolution and described in the Form of Note attached hereto as Exhibit A. "Loan" means the advance of moneys from the Purchaser to the County pursuant to this Loan Agreement. "Loan Agreement" means this agreement between the Purchaser and the County setting forth the terms and details of the Loan. "Maturity Date" means October 1, 2022. "Note" means the. Capital Improvement Refunding Revenue Note, Series 2008, of the County, substantially in the form attached hereto as Exhibit A. "Non Ad Valorem Revenues" means all revenues (a) received by the County from sources other than the levy of ad valorem taxes upon property and (b) legally available for payment of the principal of and interest on the Note. "Paying Agent" means the Clerk. "Payment Date" means both the Interest Payment Dates and the Principal Payment Dates. "Person" or words importing persons, means firms, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations, public or governmental bodies, other legal entities, and natural persons. "Pledged Revenues" means, the Non -Ad Valorem Revenues budgeted, appropriated and deposited into the Sinking Fund pursuant to the Covenant. "Principal Amount" means million dollars ($ ). 3 "Principal Payment Date" means each October 1, commencing October 1, 2008 and continuing through October 1, 2022. "Proposal" means the Proposal dated May 27, 2008, for purchase of the Note and the provision of a term loan financing, submitted to the County by the Purchaser and accepted by the County, and attached to the Loan Agreement as Exhibit B. "Purchaser" means SunTrust Equipment Finance & Leasing Corp., 300 East Joppa Road, 7th Floor, Towson, Maryland 21286, a corporation organized and existing under the laws of the Commonwealth of Virginia and authorized to do business in the State of Florida and its successors and/or assigns. "Refunded Notes" means the Series 2003 Note and the Series 2004B Note. "Register" means the books maintained by the Registrar in which are recorded the name and address of the Registered Owner of the Note. "Registered Owner" means the person in whose name the ownership of the Note is registered on the books maintained by the Registrar. The initial Registered Owner shall be the Purchaser. "Registrar" means the Person maintaining the Register. The Registrar shall initially be the Clerk. "Regulations" means the Income Tax Regulations promulgated by the Internal Revenue Service under Sections 103 and 141 through 150 of the Code. "Resolution' means Resolution No. 08-206, adopted by the County on June 17, 2008, as may be amended and supplemented from time to time "Series 2003 Note" means the St. Lucie County, Florida Capital Improvement Revenue Note, Series 2003 currently outstanding in the principal amount of $7,500,000.00. "Series 2004B Note" means the St. Lucie County Florida, Capital Improvement Revenue Note, Series 2004B currently outstanding in the principal amount of $4,743,423.00. "Sinking Fund" means the fund created pursuant to Section 9 hereof. "State" means the State of Florida. SECTION 2. INTERPRETATION. Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Loan Agreement and all the terms and provisions hereof (a) have been negotiated between the County and the Purchaser; (b) shall 2 not be construed strictly in favor of or against either party hereto; and (c) shall be construed to effectuate the purpose set forth herein and to sustain the validity hereof. SECTION 3. THE LOAN. A. Loan. The Purchaser hereby makes and the County hereby accepts the Loan, upon the terms and conditions set forth herein. B. Disbursement of Proceeds. Proceeds of the Loan shall be delivered by the Purchaser to the County on the Date of Delivery by 2:00 p.m. in immediately available funds. SECTION 4. DESCRIPTION OF NOTE. The obligation of the County to repay the Loan shall be evidenced by the Note. The Note shall be dated as of the Date of Delivery; shall mature on the Maturity Date; and shall be in registered form. The Interest Rate on the Note shall be a fixed rate of interest equal to 4.23%. Interest on the Note shall be calculated using a 360-day year consisting of twelve 30-day months. Interest on the Note shall be paid semiannually on each Interest Payment Date, commencing October 1, 2008. On each Principal Payment Date, the County shall pay an annual installment of the outstanding principal due on the Note in an amount that would result in approximately level annual debt service payments for each remaining year prior to the Maturity Date. The County may prepay the Note, in whole or in part, at anytime without penalty after giving the Purchaser at least twenty-one (21) days advance notice. SECTION 5. EXECUTION OF NOTE. The Note shall be executed in the name of the County by the Chairman and attested by the Clerk, and its corporate seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The Note may be signed and sealed on behalf of the County by any person who at the actual time of the execution of the Note shall hold the appropriate office in the County, although at the date thereof the person may not have been so authorized. The Note may be executed by the facsimile signatures of the Chairman and/or Clerk, provided that at least one of the foregoing signatures must be a manual signature. SECTION 6. REGISTRATION AND TRANSFER OF NOTE. The Note shall be and shall have all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code -Investment Securities Laws of the State of Florida, and each Registered Owner, in accepting the Note, shall be conclusively deemed to have agreed that such Note shall be and have all of the qualities and incidents of negotiable instruments thereunder. There shall be a Registrar who shall be responsible for maintaining the Register. The person in whose name ownership of a Note is shown on the Register shall be deemed the Registered Owner thereof by the County and the Registrar, who may treat the Registered 5 Owner as the absolute owner of the Note for all purposes, whether or not the Note shall be overdue, and any notice to the contrary shall not be binding upon the County or the Registrar. Ownership of the Note may be transferred only upon the Register. Upon surrender to the Registrar for transfer or exchange of the Note accompanied by an assignment or written authorization for exchange, whichever is applicable, duly executed by the Registered Owner or its attorney duly authorized in writing, the Registrar shall deliver in the name of the Registered Owner or the transferee or transferees, as the case may be, a new fully registered Note of the same amount, maturity and interest rate as the Note surrendered. The Note presented for transfer, exchange, redemption or payment (if so required by the County or the Registrar) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the County or the Registrar, duly executed by the Registered Owner or by his duly authorized attorney. The County and the Registrar may charge the Registered Owner a sum sufficient to reimburse them for any expenses incurred in making any exchange or transfer after the first such exchange or transfer following the delivery of such Note. The Registrar or the County may also require payment from the Registered Owner or his transferee, as the case may be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Such charges and expenses shall be paid before any such new Note shall be delivered. The new Note delivered upon any transfer or exchange shall be a valid obligation of the County, evidencing the same debt as the Note surrendered, shall be secured under this Loan Agreement, and shall be entitled to all of the security and benefits hereof to the same extent as the Note surrendered. Whenever a Note shall be delivered to the Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such Note shall be cancelled and destroyed by the Registrar, and counterparts of a certificate of destruction evidencing such destruction shall be furnished to the County. SECTION 7. NOTE MUT_I_LATED, DESTROYED, STOLEN OR LOST In case the Note shall be mutilated, or be destroyed, stolen or lost, upon the Registered Owner furnishing the Registrar satisfactory indemnity and complying with such other reasonable regulations and conditions as the County may prescribe and paying such expenses as the County may incur, the Registrar shall issue and deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost, in lieu of or substitution for the Note, if any, destroyed, stolen or lost, or in exchange and substitution for such mutilated Note, upon surrender of such mutilated Note, if any, to the Registrar and the cancellation thereof; provided however, if the Note shall have matured or be about to mature, instead of issuing a substitute Note, the County may pay the same, upon being indemnified as aforesaid, and if such Note be lost, stolen or G destroyed, without surrender thereof. Any Note surrendered under the terms of this Section 7 shall be cancelled by the Registrar. Any such new Note issued pursuant to this section shall constitute an original, additional contractual obligation on the part of the County whether or not, as to the new Note, the lost, stolen or destroyed Note be at any time found by anyone, and such new Note shall be entitled to equal and proportionate benefits and rights as to security for payment to the same extent as the Note originally issued hereunder. SECTION 8. FORM OF NOTE. The Note shall be in substantially the form attached hereto as Exhibit A, with such variations, omissions and insertions as may be necessary, desirable and authorized or permitted by this Loan Agreement. SECTION 9. SECURITY FOR NOTE; NOTE NOT DEBT OF THE COUNTY; SINKING FUND. The payment of the principal of and interest on the Note shall be secured forthwith solely by a lien upon and pledge of the Pledged Revenues. The principal of and interest on the Note shall not constitute a general obligation or indebtedness of the County, but shall be a limited obligation of the County payable solely from the Pledged Revenues as provided herein. The Registered Owner shall never have the right to compel the levy of taxes upon any property of or in the County for the payment of the principal of and interest on the Note or in order to maintain services or activities that generate Non -Ad Valorem Revenues. The Note shall not be secured by, nor constitute, a lien upon the projects financed by the Refunded Notes or upon any property of or in the County, but shall be secured solely by the Pledged Revenues in the manner provided herein. There is hereby created and established a "Capital Improvement Refunding Revenue Note, Series 2008 Sinking Fund," which shall be maintained on the books of the County as a separate account (but need not be maintained as a separate bank or deposit account). On or before each Payment Date, the County will deposit into the Sinking Fund from the Non -Ad Valorem Revenues budgeted and appropriated for such purpose pursuant to the Covenant an amount required to pay the principal and interest due on the Note on such Payment Date. Moneys in the Sinking Fund shall be used only to pay principal of and interest on the Note and for no other purpose. So long as the Note is outstanding, there shall be a lien in favor of the Registered Owner of the Note on all moneys on deposit in the Sinking Fund. SECTION 10. COVENANTS OF THE COUNTY. Until the principal of and interest on the Note shall have been paid in full or until (a) there shall have been set apart in the Sinking Fund a sum sufficient to pay when due the entire principal of and interest accrued and to accrue on the Note to the Maturity Date, or (b) provision for payment of the Note shall have been made in accordance with the provisions of this Loan Agreement, the County covenants with the Registered Owner of the Note as follows: A. Covenant to Budget and Appropriate. The County covenants to budget and appropriate in its annual budget for each Fiscal Year, by amendment if necessary, Non -Ad 7 Valorem Revenues in amounts sufficient to provide for the timely payment of the principal of and interest on the Note. Such covenant to budget and appropriate Non -Ad Valorem Revenues shall be cumulative and shall continue until Non -Ad Valorem Revenues in amounts sufficient to make all required payments hereunder when due, shall be budgeted and appropriated and actually deposited into the Sinking Fund. Notwithstanding the foregoing the County does not covenant to maintain any services or programs now provided or maintained by the County which generate Non -Ad Valorem Revenues. The foregoing covenant to budget and appropriate does not create any lien upon or pledge of Non -Ad Valorem Revenues until such revenues are budgeted, appropriated, and deposited into the Sinking Fund, nor does it preclude the County from pledging in the future any specific portion of its Non -Ad Valorem Revenues, nor does it require the County to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Purchaser a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the County. This covenant to budget and appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations of the County secured by a pledge of all or any specified portion of Non -Ad Valorem Revenues heretofore or hereafter issued (including the payment of debt service on bonds and other debt instruments); provided, however, this covenant to budget and appropriate for the purposes and in the manner stated herein shall have the effect of making available for the payment of debt service on the Note, in the manner described herein, sufficient amounts of Non -Ad Valorem Revenues and of placing on the Board a positive duty to budget and appropriate, by amendment if necessary, amounts sufficient to meet its obligations hereunder; subject, however, in all respects to the restrictions of Section 129.03, Florida Statutes, which requires a balanced budget, and Section 125.07, Florida Statutes, which prohibits a board of county commissioners from expending or contracting for the expenditure in any Fiscal Year more than the amount budgeted in each fund's budget; and subject, further, to the payment of the cost of maintaining services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. B. Payments. The County will punctually pay all principal of and interest on the Note when due by wire transfer or other medium acceptable to the County and the Purchaser. C. Financial Statements. Not later than 210 days following the end of the County's Fiscal Year, the County will provide the Purchaser a copy of the audited financial statements of the County, and if prepared, the Comprehensive Annual Financial Report. D. Annual Budget and Other Information. The County will prepare its annual budget in accordance with the Act, and will provide to the Purchaser (i) a copy of its tentative annual budget for each Fiscal Year within 30 days of presentation thereof to the Board by the County budget officer as provided in Section 129.03, Florida Statutes, (ii) a copy of its final annual budget for each Fiscal Year within 30 days of adoption thereof by the Board, (iii) a copy of each continuing disclosure filing made by the County in compliance with Securities and Exchange Commission Rule 15c2-12(b)(5) within 30 days of filing with the dissemination agent for the County and (iv) such other financial or public information as the Purchaser may reasonably request. 0 E. Tax Compliance. Neither the County, nor any third party over whom the County has control, will make any use of, or permit an omission of use, of the proceeds of the Note or of the projects financed by the Refunded Notes at any time during the term of the Note which would cause the Note to be (a) a "private activity bond" within the meaning of Section 103(b)(1) of the Code or (b) an "arbitrage bond" within the meaning of Section 103(b)(2) of the Code. The County covenants throughout the term of the Note to comply with the requirements of the Code and the Regulations, as amended from time to time, and to take all actions, and to not permit the omission of any actions, necessary to maintain the exclusion from gross income for purposes of the Code of interest on the Note. The County makes each of the representations, warranties and covenants contained in the Tax Certificate delivered with respect to the Note. By this reference, all terms, conditions, and covenants in said Tax Certificate are incorporated in and made a part of this Loan Agreement. F. Additional Indebtedness. The County may issue additional indebtedness secured by and payable from Non -Ad Valorem Revenues provided that the average of the Non - Ad Valorem Revenues for the preceding two (2) fiscal years is at least two times (2x) the total of the maximum annual debt service on all debt of the County secured by Non -Ad Valorem Revenues or by a covenant to budget and appropriate Non -Ad Valorem Revenues for the - - payment thereof and the proposed additional debt to be issued. SECTION 11. REPRESENTATIONS AND WARRANTIES. The County represents and warrants to the Purchaser that: A. Organization. The County is a political subdivision, duly organized and existing under the laws of the State of Florida. B. Authorization of Loan Agreement and Related Documents. The County has the power and has taken all necessary action to authorize the execution and delivery of and the performance by the County of its obligations under, this Loan Agreement and the Note in accordance with their respective terms. This Loan Agreement and the Note have been duly executed and delivered by the County and are valid and binding obligations of the County, enforceable against the County in accordance with their respective terms, except to the extent that such enforcement may be limited by laws regarding bankruptcy, insolvency, reorganization or moratorium applicable to the County or by general principles of equity regarding the availability of specific performance. C. Non -Ad Valorem Revenues. The County currently receives the Non -Ad Valorem Revenues and is legally entitled to covenant to budget and appropriate from such Non -Ad Valorem Revenues amounts necessary to pay the principal of and interest on the Note when due as provided herein. The County estimates that the Non -Ad Valorem Revenues will be available in amounts sufficient to budget and appropriate amounts necessary to pay the principal of and interest on the Note as the same becomes due prior to the Maturity Date and, to 7 pay all principal of and interest on the Note on the Maturity Date. The County shall take all lawful action necessary to enable the County to continue to receive the Non -Ad Valorem Revenues in at least the amounts necessary to pay principal and interest on the Note to the extent not paid from some other source. D. Financial Statements. The financial statements of the County for the Fiscal Year ended September 30, 2007 (the "Financial Statements"), previously provided to the Purchaser were prepared in accordance with generally accepted accounting principles, are correct and present fairly the financial condition of the County as of such date and the results of its operations for the period then ended. SECTION 12. CONDITIONS PRECEDENT. The obligation of the Purchaser to make the Loan is subject to the satisfaction of each of the following conditions precedent on or before the Initial Disbursement Date: A. Action. The Purchaser shall have received a copy of the Resolution certified as complete and correct as of the closing date, together with an executed Loan Agreement, the - executed Note, and the customary closing certificates. B. Incumbency of Officers. The Purchaser shall have received an incumbency certificate of the County in respect of each of the officers who is authorized to sign this Loan Agreement and the related financing documents on behalf of the County. C. Opinion of County Attorney. The Purchaser shall have received a written opinion of the County Attorney as to (1) the valid existence of the County as a political subdivision of the State under the Act and Section 103 of the Code; (2) the due adoption of the Resolution; (3) the due authorization and execution of this Loan Agreement and the Note and the transaction contemplated hereby and thereby; (4) the Loan Agreement and the Note constituting valid and binding obligations of the County, enforceable against the County, in accordance with their respective terms; and (5) the absence of litigation against the County relating to (a) its existence or powers, (b) its authority to issue the Note, pledged the Pledged Revenues or refund the Refunded Notes, and (c) the proceedings for the authorization and issuance of the Note, in a form and substance satisfactory to the Purchaser. D. Opinion of Bond Counsel. The Purchaser shall have received a letter from Bond Counsel authorizing the Purchaser to rely on the approving opinion of Bond Counsel delivered to the County with respect to the Note to the same extent as if such opinion were addressed to the Purchaser. The opinion, in form and substance satisfactory to the Purchaser, shall, at a minimum, address the status of interest on the Note under the provisions of Section 103 of the Code. E. Certificate of Director. The Purchaser shall have received a certification from the Director that: (1) since the date of the Financial Statements, there has been no material adverse change in the financial condition, revenues, properties or operations of the County; (2) there are no liabilities (of the type required to be reflected on balance sheets prepared in accordance with 10 generally accepted accounting principles), direct or indirect, fixed or contingent, of the County as of the date of such financial information which are not reflected therein; (3) there has been no material adverse change in the financial condition or operations of the County since the date of Financial Statements (and to the Director's knowledge no such material adverse change is pending or threatened); and (4) the County has not guaranteed the obligations of, or made any investment in or loans to, any person except as disclosed in such information. F. Representations and Warranties; No Default. The representations and warranties made by the County herein shall be true and correct in all material respects on and as of the Date of Delivery, as if made on and as of such date; no Default shall have occurred and be continuing as of the Date of Delivery or will result from the consummation of the Loan, and the Purchaser shall have received a certificate from the County to the foregoing effect. G. Other Documents. The Purchaser shall have received such other documents, certificates and opinions as the Purchaser or its counsel shall have reasonably requested. SECTION 13. NOTICES. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered, delivered by telecopier, mailed by registered or certified mail, postage prepaid, or delivered by courier service to the parties at the following addresses: _ County: St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Attention: County Administrator, with a required copy to the County Attorney at the same address, and a required copy to the Clerk at the same address. Purchaser: SunTrust Equipment Finance & Leasing Corp. 300 East Joppa Road, 7th Floor Towson, Maryland 21286 Attention: Public Finance — Legal Counsel Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Communication via telecopier shall be confirmed by delivery by hand, mail, or courier, as specified above, of an original promptly after such communication by telecopier. SECTION 14. EVENTS OF DEFAULT DEFINED. The following shall be "Events of Default" under this Loan Agreement, and the terms "Default" and "Events of Default" shall mean (except where the context clearly indicates otherwise), any one or more of the following events: A. Failure by the County to make any payment of principal of or interest on the Note within three (3) days of the applicable Payment Date or the Maturity Date. 11 B. Failure by the County to observe and perform any other covenant, condition or agreement on its part to be observed or performed under this Loan Agreement for a period of thirty (30) days after written notice of such failure shall have been delivered to the County by the Purchaser, unless the Purchaser shall agree in writing to an extension of such time prior to its expiration; C. The making of any warranty, representation or other statement by the County or by an officer or agent of the County in this Loan Agreement or in any instrument furnished in compliance with or in reference to this Loan Agreement which is false or misleading in any material adverse respect; D. The filing of a petition against the County under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, if an order for relief is entered under such petition or such petition is not dismissed within sixty (60) days of such filing; E. The filing by the County of a voluntary petition in bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or the consent by the County to the filing of any petition against it under such law; or F. The admission by the County of its insolvency or bankruptcy or its inability to pay its debts as they become due or that it is generally not paying its debts as such debts become due, or the County's becoming insolvent or bankrupt or making an assignment for the benefit of creditors, or the appointment by court order of a custodian (including without limitation a receiver, liquidator or trustee) of the County or any of its property taking possession thereof and such order remaining in effect or such possession continuing for more than sixty (60) days. G. A Determination of Taxability, as defined in the Note. SECTION 15. REMEDIES. The Purchaser may sue to protect and enforce any and all rights, including the right to specific performance, existing under the laws of the State of Florida, of the United States of America, or granted and contained in this Loan Agreement, and to enforce and compel the performance of all duties required by this Loan Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof, and may take all steps to enforce this Loan Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America, including (i) the acceleration of all amounts outstanding under this Loan Agreement or the Note or (ii) enforcing its lien on moneys on deposit in the Sinking Fund. The County and the Purchaser each waives, to the fullest extent permitted by law, any right to trial by jury in respect of any litigation based upon the Note or arising out of, under or in conjunction with the Note or this Loan Agreement. SECTION 16. NO PERSONAL LIABILITY. No recourse shall be had for the payment of the principal of and interest on the Note or for any claim based on the Note or on 12 this Loan Agreement, against any present or former member or officer of the Board or any person executing the Note. SECTION 17. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS. In any case where the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Loan Agreement, shall be other than a Business Day, then such payment or performance shall be made on the succeeding Business Day with the same force and effect as if done on the nominal date provided in this Loan Agreement, provided that interest on any monetary obligation hereunder shall accrue at the applicable rate to and including the date of such payment. SECTION 18. AMENDMENTS CHANGES AND MODIFICATIONS. This Loan Agreement may be amended only by a writing signed by both parties hereto. SECTION 19. BINDING EFFECT. To the extent provided herein, this Loan Agreement shall be binding upon the County and the Purchaser and shall inure to the benefit of the County and the Purchaser and their respective successors and assigns. This Loan Agreement shall be discharged and neither the County nor the Purchaser shall have any further obligations hereunder under the Note when the County shall have paid the principal of and interest on the Note in full and shall have paid in full all other amounts, if any, due under the Note or this Loan Agreement. SECTION 20. SEVERABILITY. In the event any court of competent jurisdiction shall hold any provision of this Loan Agreement invalid or unenforceable such holding shall not invalidate or render unenforceable, any other provision hereof. SECTION 21. EXECUTION IN COUNTERPARTS. This Loan Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 22. APPLICABLE LAW. This Loan Agreement shall be governed by and construed in accordance with the laws of the State. 13 IN WITNESS WHEREOF, the parties hereto have duly executed this Loan Agreement as of the date first above written. (SEAL) ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners SUNTRUST EQUIPMENT FINANCE & LEASING CORPORATION By: G. Victor Bryson, Vice President, Public Finance Group - Florida ST. LUCIE COUNTY, FLORIDA By: Chair, Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney - 125048/003/00250842.DOCv3l 14 EXHIBIT A FORM OF NOTE No. R-1 ST. LUCIE COUNTY, FLORIDA CAPITAL IMPROVEMENT REFUNDING REVENUE NOTE, SERIES 2008 RATE OF INTEREST MATURITY DATE DATE OF ISSUE 4.23% October 1, 2022 June 25, 2008 REGISTERED OWNER: SUNTRUST EQUIPMENT FINANCE & LEASING CORP. PRINCIPAL AMOUNT: MILLION DOLLARS KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on the Payment Dates indicated in Schedule 3 attached hereto and on the Maturity Date, or sooner as provided herein, the Principal Amount shown above and the interest on the outstanding Principal Amount hereof from the date of this Note or from the most recent date to which interest has been paid, whichever is applicable, until payment of such Principal Amount, at the Rate of Interest described above, and determined as provided in, Schedule 1 hereto, and subject to adjustment as set forth in Schedule 2 attached hereto, with all unpaid interest being due on the Maturity Date or upon the earlier payment of principal hereunder upon presentation and surrender hereof at the office of the Clerk of the Circuit Court for St. Lucie County, as Registrar and Paying Agent. The principal of, premium, if any, and interest on this Note are payable in lawful money of the United States of America. Interest due hereon shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. The County may prepay this Note in whole or in part, at any time, after giving the Registered Owner at least twenty-one (21) days advance notice. This Note is being issued in the aggregate principal amount $ to finance the costs of refunding the County's Improvement Revenue Note, Series 2003 and the Improvement Revenue Note, Series 2004B (collectively, the "Refunded Notes"), under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 125, Part I, Florida Statutes, as amended, Ordinance 87-77 of the County, as amended, and other applicable provisions of law, and Resolution No. 08-206, duly adopted by the Board of County Commissioners on June 17, 2008 (the "Resolution"), and pursuant to a Loan Agreement between the County and the Registered Owner, dated June 25, 2008 (the "Loan Agreement"), to which reference should be made to ascertain those terms and conditions. The terms and provisions of the Loan Agreement and the Resolution are hereby incorporated as a A-1 part of this Note. The principal of this Note shall be disbursed by the Registered Owner hereof to the County in immediately available funds on the Date of Delivery in accordance with the Loan Agreement. This Note is payable from and secured solely by the Pledged Revenues, as defined in and in the manner provided in, and subject to the terms and conditions of, the Resolution and the Loan Agreement. The Pledged Revenues consist of Non -Ad Valorem Revenues of the County budgeted and appropriated for the payment of the principal of and interest on this Note and deposited into the Sinking Fund created pursuant to the Loan Agreement. Pursuant to the Loan Agreement and the Resolution, the County has covenanted to budget and appropriate in its annual budget for each Fiscal Year, by amendment if necessary, Non -Ad Valorem Revenues in amounts sufficient to provide for the timely payment of the principal of and interest on this Note. Such covenant shall be cumulative and shall continue until Non -Ad Valorem Revenues in amounts sufficient to make all required payments hereunder when due, shall be budgeted and appropriated and actually deposited into the Sinking Fund. Notwithstanding the foregoing the County does not covenant to maintain any services or programs now provided or maintained by the County which generate Non -Ad Valorem Revenues. Such covenant to budget and appropriate does not create any lien upon or pledge of Non -Ad Valorem Revenues until budgeted, appropriated, and deposited into the Sinking Fund, nor does it preclude the County from pledging in the future any specific portion of its Non -Ad Valorem -Revenues nor does it require the County to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Registered Owner a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the County. Such covenant to budget and appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations of the County secured by a pledge of all or any specified portion of Non -Ad Valorem Revenues heretofore or hereafter issued (including the payment of debt service on bonds and other debt instruments); provided, however, this covenant to budget and appropriate for the purposes and in the manner stated herein and in the Loan Agreement shall have the effect of making available for the payment of debt service on this Note, in the manner described herein and in the Loan Agreement, sufficient amounts of Non -Ad Valorem Revenues and of placing on the Board a positive duty to budget and appropriate, by amendment if necessary, amounts sufficient to meet its obligations hereunder; subject, however, in all respects to the restrictions of Section 129.03, Florida Statutes, which requires a balanced budget, and Section 125.07, Florida Statutes, which prohibits a board of county commissioners from expending or contracting for the expenditure in any Fiscal Year more than the amount budgeted in each fund's budget; and subject, further, to the payment of the cost of maintaining services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. This Note shall not constitute a general obligation or indebtedness of the County, but shall be a limited obligation of the County payable solely from the Pledged Revenues as provided in the Loan Agreement. The Registered Owner hereof shall never have the right to compel the levy of taxes upon any property of or in the County for the payment of the principal A-2 of and interest on this Note or in order to maintain services or activities that generate Non -Ad Valorem Revenues. The principal of and interest on this Note are not secured by a lien upon the projects financed by the Refunded Notes, or upon any property of or in the County, but are secured solely by the Pledged Revenues in the manner provided herein and in the Loan Agreement. Reference is made to the Loan Agreement for the provisions relating to the security for payment of this Note and the duties and obligations of the County hereunder. The Registered Owner may sue to protect and enforce any and all rights, including the right to specific performance, existing under the laws of the State of Florida, of the United States of America, or granted and contained in the Loan Agreement, and to enforce and compel the performance of all duties required by the Loan Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof, and may take all steps to enforce the Loan Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America, including acceleration of all amounts of principal outstanding hereunder together with all accrued but unpaid interest due thereon. The County waives its right to trial by jury in the event of any proceedings in state or federal courts to enforce the terms of this Note or of the Loan Agreement, and the Registered Owner, by its acceptance of this Note, waives its right to trial by jury in any such proceedings. The Interest Rate on this Note shall be a fixed rate of interest equal to 4.23%. Interest on the Note shall be calculated using a 360-day year consisting of twelve 30-day months. Interest on the Note shall be paid semiannually on each Interest Payment Date, commencing October 1, 2008. On October 1, 2008 and each Principal Payment Date thereafter, the County shall pay an annual installment of the outstanding principal due on the Note in an amount that would result in approximately level annual debt service payments for each remaining year prior to the Maturity Date. The County may prepay the Note, in whole or in part, at any time prior to the Maturity Date without penalty, after giving the Registered Owner twenty-one (21) days advance notice. Upon the occurrence of an Event of Default, as defined in the Loan Agreement, the County shall also be obligated to pay all costs of collection and enforcement hereof, including attorneys' fees (including fees incurred on appeal). It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of the State of Florida to be performed, to exist and to happen precedent to and in the issuance of this Note, have been performed, exist and have happened in regular and due form and time as so required. IN WITNESS WHEREOF, St. Lucie County, Florida, has caused this Note to be executed by the Chairman or Vice -Chairman of its Board of County Commissioners, and attested by the Clerk or Deputy Clerk of the Circuit Court, ex officio Clerk of the Board of A-3 County Commissioners, either manually or with their facsimile signatures, and its seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, all as of the Date of Issue above. (SEAL) ATTEST: 0 Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners A-4 ST. LUCIE COUNTY, FLORIDA a Chair, Board of County Commissioners SCHEDULES TO ST. LUCIE COUNTY, FLORIDA CAPITAL IMPROVEMENT REFUNDING REVENUE NOTE, SERIES 2008 A-5 SCHEDULEI TERMS OF NOTE DEFINITIONS: For purposes of the Note to which this Schedule 1 is attached, the following definitions shall apply. Capitalized terms used and not otherwise defined herein shall have the meaning set forth in the Loan Agreement. "Date of Delivery" means June 25, 2008. "Interest Payment Date" means each April 1 and October 1, commencing October 1, 2008, through and including October 1, 2022. 'Interest Rate' or 'Rate of Interest" means: A fixed rate of interest equal to 4.23%. Interest on the Note shall be calculated using a 360- day year consisting of twelve 30-day months. "Maturity Date" means October 1, 2022. "Payment Date" means both the Interest Payment Dates and Principal Payment Dates. 'Prime Rate' shall mean a rate of interest equal to the announced prime commercial lending rate per annum of the Purchaser. The Prime Rate is a reference rate for the information and use of the Purchaser in establishing the actual rate to be charged to the County. The Prime Rate is purely discretionary and is not necessarily the lowest or best rate charged any customer. The Prime Rate shall be adjusted from time to time without notice or demand as of the effective date of any announced change thereof. "Principal Payment Date" means each October 1, commencing October 1, 2008 and continuing through October 1, 2022. "Taxable Rate" means a rate equal to the Prime Rate times that percentage which after the Determination of Taxability will result in the same after-tax yield to the Registered Owner of the Note as before said Determination of Taxability, but in no event exceeding the maximum interest rate permitted by applicable law. OTHER PROVISIONS: See Schedule 2 hereto. A-6 SCHEDULE2 ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS (i) Adjustment of Interest Rate for Full Taxability. In the event a Determination of Taxability shall have occurred, the rate of interest on the Note shall be increased to the Taxable Rate, effective retroactively to the date on which the interest payable on the Note is includable for federal income tax purposes in the gross income of the Registered Owner thereof. In addition, the Registered Owner of the Note or any former Registered Owners of the Note, as appropriate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States of America by the Registered Owner or former Registered Owners of the Note as a result of such Determination of Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the County within sixty (60) days following the Determination of Taxability and demand by the Registered Owner. A 'Determination of Taxability" shall mean (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other written notification which holds in effect that the interest payable on the Note is includable for federal income tax purposes in the gross income of the Registered Owner thereof, which notice or notification is not contested by either the County or any Registered Owner of the Note, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Note is includable for federar income-tax purposes in the gross income of the Registered Owner thereof, which determination either is final and non -appealable or is not appealed within the requisite time period for appeal, or (iii) the admission in writing by the County to the effect that interest on the Note is includable for federal income tax purposes in the gross income of the Registered Owner thereof. (ii) Adjustment of Interest Rate for Partial Taxability. In the event that interest on the Note during any period becomes partially taxable as a result of a Determination of Taxability applicable to less than all of the Note, then the interest rate on the Note shall be increased during such period by an amount equal to: (A-B) x C where: (A) A equals the Taxable Rate (expressed as a percentage); (B) B equals the interest rate on the Note (expressed as a percentage); and (C) C equals the portion of the Note the interest on which has become taxable as the result of such tax change (expressed as a decimal). In addition, the Registered Owner of the Note or any former Registered Owner of the Note, as appropriate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Registered Owner or former Registered Owners of the Note as a result of such Determination of Taxability. All such additional interest, additions to tax, penalties and interest shall be paid by the County within sixty (60) days following the Determination of Taxability and demand by the Registered Owner. A-7 (iii) Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate. In the event that the maximum effective federal corporate tax rate (the "Maximum Corporate Tax Rate") during any period with respect to which interest shall be accruing on the Note on a tax- exempt basis, changes from the Maximum Corporate Tax Rate then in effect, the interest rate on the Note that is bearing interest on a tax-exempt basis shall be adjusted to the product obtained by multiplying the interest rate then in effect on the Note by a fraction equal to (1-A divided by 1-B), where A equals the Maximum Corporate Tax Rate in effect as of the date of adjustment and B equals the Maximum Corporate Tax Rate in effect immediately prior to the date of adjustment. (iv) Adjustment of Interest Rate for Other Changes Affecting After -Tax Yield. So long as any portion of the principal amount of the Note or interest thereon remains unpaid (a) if any law, rule, regulation or executive order is enacted or promulgated by any public body or governmental agency which changes the basis of taxation of interest on the Note or causes a reduction in yield on the Note (other than by reason of a change described above) to the Registered Owner or any former Registered Owners of the Note, including without limitation the imposition of any excise tax or surcharge thereon, or (b) if, as result of action by any pubic body or governmental agency, any payment is required to be made by, or any federal, state or local income tax deduction is denied to, the Registered Owner or any former Registered Owners of the Note (other than by reason of a change described above or by -reason -of -any action or failure to act on the part of any Owner or any formers Registered Owner of the Note) by reason of the ownership of the Note, the County shall reimburse any such Owner within five (5) days after receipt by the County of written demand for such payment, and the County agrees to indemnify each such Owner against any loss, cost, charge or expense with respect to any such change. The determination of the after-tax yield calculation shall be verified by a firm of certified public accountants regularly employed by the Purchaser (or the current Owners of the Note) and acceptable to the County, and such calculation, in the absence of manifest error, shall be binding on the County and the Registered Owner. The foregoing notwithstanding, in no event shall the Note bear interest at a rate in excess of the maximum rate permitted by applicable law. A-8 SCHEDULE3 DEBT SERVICE FOR THE SERIES 2008 NOTE Payment Payment Date Principal Interest Total Date Principal Interest Total October 1, April 1, 2008 $ $ $ 2016 $ $ $ April 1, October 1, 2009 2016 October 1, April 1, 2009 2017 April 1, October 1, 2010 2017 October 1, April 1, 2010 2018 April 1, October 1, 2011 2018 October 1, April 1, 2011 2019 - - - - April 1, October 1, 2012 2019 October 1, April 1, 2012 2020 April 1, October 1, 2013 2020 October 1, April 1, 2013 2021 April 1, October 1, 2014 2021 October 1, April 1, 2014 2022 April 1, October 1, 2015 2022 October 1, 2015 Total: -- A-9 SunTrust Leasing Corporation 200 S. Orange Ave. , MC-1089 Orlando, FL 32801 Tel(407) 237-6843 Fax(407) 237-6704 victor.bryson@suntrust.com Ir �� SuNrmusr May 27, 2008 Jay Glover Senior managing Consultant Public Financial Management, Inc. 407-648-2208 glover@pfm.com G. Victor Bryson Vice President Public Finance Group -Florida Marie Gouin Budget Director St. Lucie County,Fl marieg@stlucieco.gov RE: REQUEST FOR PROPOSALS FOR NBQ TERM LOAN. SunTrust Equipment Finance & Leasing Corporation ("SLC"), in coordination with SunTrust Bank, is pleased to present to St. Lucie County, its proposal for a Term Loan agreement between the County and SLC. SLC is providing this bid as a principal in this transaction and not as a broker, and is not looking to this as a syndication opportunity. The terms and conditions of our proposal are outlined below: BORROWER: St. Lucie County, Florida. Borrower is a state or political subdivision within the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended (the "Code"). LENDER: SunTrust Equipment Finance & Leasing Corporation. LOAN PUROSE: Term Loan LINE AMOUNT: $15,000,000 SECURITY: This loan will be secured by a covenant of the County to Budget and Appropriate an amount from Non -Ad Valorem Funds to pay the principal and interest on the loan. AVAILABILITY: This proposal will be valid for 60 days from today's date. TERM: Term Loan — Fourteen years (approx). RATE: The rate for the Term Loan will be as follows: 1) 4.230%; 2) 4.111%, as of today's date. RATES/ INDEXING: The Rate on the Term Loan would be set as follows: The proposed rate is based upon the yield for the most recent seven (7) year AA SWAP Rate as published in the Federal Reserve Statistical Release H-15. The actual fixed rate for the loan will be set three days prior to closing on a point for point change based on the above mentioned AA SWAP Rate index and will be fixed for the term of the loan. Lessor also - reserves the right to further adjust the Lease Rate in the event that the spread between the then -current 1 year SWAP rate and the market liquidity premium increases. RATE LOCK OPTION: In order to hold the interest rate through a closing date no later than July 30, 2008, the Borrower must notify the Lender, in writing, that the Lender is the apparent winner of the bid by 3:30 P.M., May 29, 2008. if notification occurs by this date, the Lender will honor the Rate indicated above for a closing on, or before, July 30, 2008. There will not be a penalty to the Borrower if notice is made by the indicated date, but the transaction is not formally awarded to the Lender. PAYMENT STRUCTURE: Payments of interest will be made semi-annually, with payments of principal annually. PREPAYMENT: Payment Option #1: Borrower may prepay, in whole or in part, without premium, by giving the Lender at least twenty-one (21) days advance notice. Payment Option #2: (Make Whole): The Borrower may prepay the Loan at anytime upon twenty-one Business Days' prior written notice to SLC. Such prepayment notice shall specify the amount of the prepayment which is to be applied. In the event of prepayment of the Note, the Borrower may be required to pay SLC an additional fee (a prepayment charge) determined in the manner provided below, to compensate SLC for all losses, costs and expenses incurred in connection with such prepayment (standard one-way make whole language). The fee shall be equal to the present value of the difference between (1).the amount that would have been realized by SLC on the prepaid amount for the remaining term of the loan at the Federal Reserve H.15 Statistical Release rate for fixed-rate pavers in interest rate swaps for a term corresponding to the term of the Note, interpolated to the nearest month, if necessary, that was in effect three Business Days prior to the origination date of the Note and (2) the amount that would be realized by SLC by reinvesting such prepaid funds for the remaining term of the loan at the Federal Reserve H.15 Statistical Release rate for fixed-rate payers in interest rate swaps, interpolated to the nearest month, that was in effect three Business Days prior to the loan repayment date: both discounted at the same interest rate utilized in determining the applicable amount in (2). Should the present value have no value or a negative value, the Borrower may repay with no additional fee. Should the Federal Reserve no longer release rates for fixed-rate payers in interest rate swaps, SLC may substitute the Federal Reserve H.15 Statistical Release with another similar index. AUTHORIZED SIGNORS: The Borrower's governing board shall provide SLC with its resolution or ordinance authorizing this Agreement and shall designate the individual(s) to execute all necessary documents used therein. LEGAL OPINION: The Borrower's counsel shall furnish SLC with an opinion covering this transaction and the documents used herein. This opinion shall be in a form and substance satisfactory to SLC. DOCUMENTATION: Borrower's Counsel will prepare the documents for this transaction. Lender will charge a document review fee of $3,000. ADDITIONAL: 1) Debt Service Coverage/Additional Bonds Test: The County shall not issue additional debt secured by a covenant to budget and appropriate unless the average of the two most recent audited fiscal years non -ad valorem revenues are at least 2.00x the maximum annual debt service on proposed and existing debt secured by or payable from all or a portion of pledgeable non -ad valorem revenues FINANCIAL STATEMENTS: Borrower shall provide to Lender such other financial information relating to the ability of Borrower to continue this Agreement as may be reasonably requested by Lender. This letter is not meant to be all-inclusive of the terms and conditions that may apply in this transaction. This financing is subject to final approval of the documents in SunTrust Leasing Corporation's sole discretion. It is a pleasure to offer this proposal to the County and we look forward to your favorable acknowledgment. Very truly yours, G. Victor Bryson Vice President -Public Finance Group SunTrust Equipment Finance & Leasing Corp. AGREED TO AND ACCEPTED BY: (Name) (Title) (Date) AGENDA REQUEST TO: BOARD OF COUNTY COMMI55IONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. q DATE: June 17, 2008 REGULAR [XX] PUBLIC HEARING [] CONSENT[] PRESENTED BY: Daniel 5. McIntyre County Attorney SUBJECT: Local Option Gas Tax Division of Proceeds Beginning September 1, 2008 BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board determine whether to approve the annual redetermination set out in the attached memorandum and direct the County Attorney to notify the Department of Revenue of the redetermination by July 1, 2008. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept. Finance: (Check for Copy only, if applicable) CONCURRENCE: DoLglas Andersoi� County Administrator Review and Approvals Management A Budget Purchasing: Public Works Dir: County Erg Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. M`Intyre, County Attorney C. A. NO.: 05-940 DATE: June 4, 2006 SUBJECT: Local Option Gas Tax Division of Proceeds Beginning September 1, 2008 BACKGROUND: On May 12,1987, the Board approved interlocal agreements with the cities of Fort Pierce and Port St. Lucie concerning the allocation of the six (6) cent local option gas tax. In November, 1992, the State of Florida Department of Revenue notified the County that St. Lucie Village became eligible to receive a portion of the gas tax. As a result of that notification, on April 6, 1993, the Board amended the interlocal agreements with the cities of Fort Pierce and Port St. Lucie to include St. Lucie Village. For the periods beginning September 1, 2006 through August 2008 the tax was distributed as follows: Recipient 2005-06 2006-07 2007-08 Fort Pierce 19.8964% 18.9839% 17.7990% Port St. Lucie 52.7326% 54.4783% 57.8076% St. Lucie County 27.2855% 26.4649% 24.1110% St. Lucie Village 0.0855°% 0.0729% 0.0823% The agreement provides that all subsequent divisions of the proceeds shall be redetermined by the County before July 1 of each succeeding year based on transportation expenditures for the five (5) fiscal years preceding the year in which the annual redetermination is made. The Management & Budget Manager recently contacted the two cities and the Village to obtain updated figures. Attached to this memorandum is a copy of a table from the Management & Budget Manager with the recalculated percentages. Based on the information submitted by the Cities and the Village, the recalculated percentages are as follows: Recipient 2008-2009 Share City of Fort Pierce 19.3984% City of Port St. Lucie 56.6115% St. Lucie Village 0.0815% St. Lucie County 23.9085% RECOMMENDATION/CONCLUSION: Staff recommends that the Board determine whether to approve the annual redetermination set out above and direct the County Attorney to notify the Department of Revenue of the redetermination by July 1, 2008. Respectfully submitted, DSM/caf Attachments ti i OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #08-42 TO: Dan McIntyre, County Attorney \' n,- ) FROM: Jennifer Hill, Budget Manager 4.� SUBJECT: Local Gas Tax Allocation Calculation DATE: June 3, 2008 Attached you will find a spreadsheet showing the calculation of the Local Option Gas Tax Allocation for the next fiscal year. I have also included the letters from the municipalities and a spreadsheet showing the transportation expenditures of the Board of County Commissioners. Please review the information. If you have questions regarding the Board transportation related expenditures or the final calculation do not hesitate to call me, otherwise, proceed with the formal adoption of the new allocation and notify the Florida Department of Revenue of the same. 5 Attachments: Local Option Gas Tax Allocation Walter B. England's letter dated April 29, 2008 George Bergalis' fax dated June 3, 2008 Richard V. Neill, Jr.'s letter dated April 14, 2008 St. Lucie County Board of County Commissioner Transportation Related Expenditures cc: Douglas Anderson, County Administrator Faye Outlaw, Assistant County Administrator Lee Ann Lowery, Assistant County Administrator Marie Gouin, Budget Director Walter England, City of Port St. Lucie George Bergalis, City of Fort Pierce Richard V. Neill, St. Lucie Village Z LOCAL OPTION GAS TAX ALLOCATION EXPENDITURE RECAPS: City of City of St. Lucie St. Lucie Port St, Lucie Fort Pierce County BOCC Village TOTAL F/scal Year % change %change %change %change %change 1987-1988 5,562,000 2,690,497 4,336,634 8,629 12,597,760 1988-1989 6,410,373 15.25% 2,566,713 -4.60% 5,721,826 31.94% 11,398 32.08% 14,710,310 16.77% 1989-1990 9,386,537 46.43% 2,933,546 14,29% 10,445,116 B2.55% 10,634 -6.70% 22,775,833 54.83% 1990-1991 9,752,722 3.90% 3,417,771 16.51% 12,564,358 20.29% 21,667 103.74% 25,756,518 13.09% 1991-1992 10,904,333 11.81% 2,612.738 -23,55% 9,617,249 -23,46^/ 19,259 -11.11% 23,153,579 -10.11% 1992-1993 13,083,961 19.99% 2,681,143 2.62% 11,197,054 16.43% 28,288 46.88% 26,990.446 16.57% 1993-1994 12,808,453 -2.11% 4,108,841 53.25% 11,333,985 1.22% 29,540 4.43% 28,280.820 4.78% 1994-1995 14,404,767 12.46% 4,125,129 0.40% 11,937,965 5.33% 33,887 14.72% 30,601,738 7.85% 1995-1996 16,081,079 11.64% 4,387,557 6.36% 11,155,602 -6.55% 13,511 -60.13% 31,637,749 3.72% 1996-1997 14,942,944 -7.08% 4,812,589 9s9% 13,212,918 18.44% 31,612 133.97% 33,000,063 4.31% 1997.1998 15,719,662 5.20% 6,734,965 39,94% 15,334,087 16.05% 139,164 340.23% 37,927,878 14.93% 1998.1999 17,271,923 9.87°% 8,611,331 27.86% 13,797,609 -10.02% 30,390 -78.16% 39,711,253 4.70% 1999-2000 19,048,383 1029% 9,268,017 7.63% 14,829,631 7.48% 34,835 14.63% 43,180,866 8.74% 2000-2001 23,819,054 25.05% 10,181,723 9.86% 13,023,719 -12.18% 27,025 -22.42% 47,051,521 8,96% 2001-2002 27,596,893 15.86% 7,790,248 -23.49% 13,659,313 4.88% 117,825 335.99% 49,164,279 4,49% 2002-20031 37,952,171 37,52% 14,771,628 89.62% 17,942.001 31.35% 56,083 -52.40% 70,721,883 43.85% 2003-2004 44,691,305 17.76% 15,756,938 6.67% 19,767,937 10.18% 12,534 -77.65% 80,228,714 13.44% 2004-2005 53,694,131 20,14% 16,925,355 7.42% 26,815,187 35.65% 37,871 202.15% 97.472,544 21AW. 2005-2006 83,213,034 54.98% 21,707,726 28.26% 24,898,869 JA5% 127,632 237.02% 129,947,261 33.32% 2006-2007 61,786,298 -25.75% 27,240,585 25.49% 29,391,826 18.04% 171,119 34.07% 118,588,628 -8.74% Five -Year Total 281,335,939 96,402,232 118,815,620 405,209 406,959,030 Allocation 56.6115% 19.39W/, 23.9085% 0.0815% 99.9999% City of City of St. Lucie St. Lucie PAST EXPENDITURESIALLOCATIONS Port St. Lucie Fort Plerce County SOCC village TOTAL FY 1988-1992 EXPENDITURES 42,015,965 14.221,265 42,685.183 71,586 98,993,999 FY 1994 ALLOCATION 42.44% 14.37% 43.12% 0.07% 100.00% FY 1989-1993 EXPENDITURES 49,537,926 14,211,911 49,545,603 91,245 113,386,685 FY 1995 ALLOCATION 43.69% 12,53% 43.70% 008% 100.00% FY 1990-1994 EXPENDITURES 55.936,006 15,754,039 55,157,762 109,387 126,957,194 FY 1996 ALLOCATION 44.06% 12.41% 43.45% 0.09% 100,00% FY 1991-1995 EXPENDITURES 60,954,236 16,945,622 56,650,601 132,640 134,683,099 FY 1997 ALLOCATION 45.26% 12.58% 42.06% 0.10% 100,00% FY 1992-1996 EXPENDITURES 67,282,593 17.915,408 55,241,845 124.484 140,564,330 FY 1998 ALLOCATION 47.87% 12.75% 39.29% 0.09% 100.00% FY 1993-1997 EXPENDITURES 71,321,204 20,115,259 58,837.514 136,838 150,410,815 FY 1999 ALLOCATION 47.42% 13.37% 39.12% 0,09% 100.00% FY 1994-1998 EXPENDITURES 73,956,905 24,169,081 62,974.547 247,714 161.348,247 FY 2000 ALLOCATION 45.84% 14.98% 39.03% 0.15% 100.00% FY 1995.1999 EXPENDITURES 78,420,375 28,671,571 65,438,171 24B,564 172,778,681 FY 2001 ALLOCATION 45.39% 16.60% 37.87% 0.14% 100.00% FY 1996-2000 EXPENDITURES 83,063.991 33,814,459 68,329,847 249.512 185,457,809 FY 2002 ALLOCATION 44,7886% 18.2330% 36.8439% 0,1345% 100.00% FY 1997-2001 EXPENDITURES 90,801,966 39,608,625 70,197,904 263,026 200,871,581 FY 2003 ALLOCATION 45.2040% 19.7184% 34.94671/6 0.1309% 100A0% FY 1998-2002 EXPENDITURES 103,455,915 42,586,284 70,644,359 349,239 217,035,797 FY 2004 ALLOCATION 47,6677% 19.6218% 32.5496% 0.1609 % 100,00% FY 1999-2003 EXPENDITURES 125,117,706 50,622,947 73.252.273 266,158 249,259,084 FY 2005 ALLOCATION 50.1958% 20.3094% 29.3880% 0, 1 D68% 100.00% FY 2000.2004 EXPENDITURES 153,107,806 57,768,554 79,222,601 248,302 290.347,263 FY 2006 ALLOCATION 527326% 19.8964% 27.2855% 0.0855% 100.00% FY 2001-2D05 EXPENDITURES 187,753,554 65,425,892 91.208,157 251,339 344,638,941 FY 2007 ALLOCATION 54A783% 18.9839% 28.4649% 0.0729% 100.00% FY 2002-2006 EXPENDITURES 247,147,534 76,951,B95 103,083,307 351,945 427,534,681 FY 2008 ALLOCATION 57.8076% 17.9990% 24.1111 % 0.0823% 100.00% FY 2003-2007 EXPENDITURES 281,335,939 96,402,232 110,815,620 405,239 _ 496,959,030 FY 2009 ALLOCATION 56.6115% 19.3984% 23.9086% 0,0815% 100.00% % Change In expenditures 13.83% 25.28% 15.26 % 15.14 % 10.24% 1 The City of Port St. Lucie's FY 2002-2003 Transportation Expenses were revised from $37,381,453 to 37,952,171 to include $570,718 for the Stormwater enterprise fund depreciation ($510,292) and amorization ($60,426). k FOR'LOCAL OPTION GAS TAX CALCULATION EXPENDITURE PO TRANSPORTATION SERVICES FDOT TRANS BUSES AND INFRASTRUCTURE ROAD & BRIDGE - MAINTENANCE ENGINEERING TRANSPORTATION GENERAL EXPENDITURES MSBU-DRAINAGE & PAVING ONLY ROAD & BRIDGE - MAINTENANCE TTF - CAPITAL (CONSTITUTIONAL GAS) ROAD & BRIDGE - DRAINAGE TTF - CAPITAL (LOCAL OPTION) TTF - COUNTY FUEL TAX TTF - CAPITAL (IMPACT FEES) DRAINAGE MSTU PARADISE PARK, SLC STORMWATER IMP. SFWMD-HARMONY HEIGHTS PHSE 1 SFWMD-PARADISE PARK STORMWATER IMP, PHASE 1 STREET LIGHTING STREET LIGHTING STREET LIGHTING STREET LIGHTING STREET LIGHTING STREET LIGHTING STREET LIGHTING STREET LIGHTING STREET LIGHTING STREET LIGHTING STREET LIGHTING STREET LIGHTING STREET LIGHTING - QUEEN'S COVE STREET LIGHTING - SOUTHERN OAKS STREET LIGHTING - PINE HOLLOW STREET LIGHTING - KINGS HWY IND PK STREET LIGHTING - MONTE CARLO STREET LIGHTING - PALM LAKE GARDENS STREET LIGHTING - PALM GROVE PUBLIC TRANSIT MSTU DEBT SERVICE - WALMART & GLADES CUTOFF TRANSPORTATION I & S FUND BECKER ROAD CAPITAL PROJECTS I&S TRANSPORTATION CAPITAL USDA HIDDEN RIVER ESTATES TRANSPORTATION SERVICES NITA STREET (50% Paving & Drainage) ROUSE ROAD PAVING & DRAINAGE IDEAL HOLDING RD PAVING & DRAINAGE FUND/ACCOUNT 001-1540-AII 001-4910-AII 316.6420 001-4110 101-4115-AII 101-All Other 101 101001-4114 or 4115-All 101002-4110 101002-All Other 101003-4108 101003-All Other 101004 101006-All 102001-All 102803 102,804 102805 111-All 112-All 113-All 114-All 115-AII 116-All 117-All 118-Ail 119-All 120-All 121-All 122-All 123-All 126-All 127-All 128-All - 136-All 138-All 139-All 130 215-See Schedule 218-Ail 235-All 250-4115-ALL 316001-All 316105-All 316-4910 OR 4115 678 689 692 COUNTYEXP $356 $2,499 $0 $37,650 $2,049,316 $233,242 $387,073 $4,602,709 $1,477,082 $2,437,768 $2,279,606 $1,909,183 $5,235,466 $2,405,510 $0 $0 $0 $35,484 $8,259 $3,870 $7,213 $7,522 $7,998 $2,616 $10,083 $11,667 $2,931 $1,831 $13,178 $4,949 $2,271 $4,525 $6,343 $18,777 $3,554 $9,947 $1,224,839 $472,231 $830,M8 $324,287 $0 $1,829,588 $0 $0 $10,508 $13,028 $29,967 GRANT & OTHER LOCAL MATCHES TOTAL AMOUNT $13,150 $13,506 $130,061 $132,560 $34,685 $34,685 $37,650 $60,508 $2,109,824 $0 $233,242 $387,073 $4,602,709 $157,257 $1,634,339 $2,437,768 $153,123 $2,432,728 $1,909,183 $43.147 $5,278,613 $40,669 $2,446,179 $326,357 $326,357 $37.360 $37,350 $98,654 $98,654 $35,484 $8,259 $3,870 $7,213 $7,522 $7,998 $2,616 $10,083 $11,667 $2.931 $1,831 $13,178 $4,949 $2,271 $4,525 $6,343 $18,777 $3,554 $9,947 $342,130 $1,566,969 $472,231 $830,858 $324287 $0 $0 $1,829,588 ($1,249) ($1,249) $0 $10,508 $13,028 $29,967 TOTAL EXPENDITURES: $27,955,782 $1,435,844 $29,391,626 CITY OF PORT ST. LUCIE ENGINEERING . 'The art of applying scientific and mathematical principals, experience, ' judgement, and common sense to make things that benefit people."- A.S.E.E} CRI April 29, 2008 — f Mr. Daniel S. McIntyre, County Attorney Board of County Commissioners St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Gasoline Tax Distribution Dear Attorney McIntyre: Attached is a memo from Ms. Marcia Dedert, CPA, CGFO, Finance Director/Treasurer indicating that the total expenditures for the City for the last 5 years as it applies to the gasoline tax distribution are $281,335,939. I would be interested in having a breakdown of the County computations and the City of Ft. Pierce computations when you have that information put together. If you have any questions, please call me. Sincerely, Walter B. England, P.., City Engineer WBE/clv C Donald B.Cooper, City Manager Jerry Bentrott, Assistant City Manager Marcia Dedert, CPA, CGFO, Interim Finance Director/Treasurer Patricia R. Roebling, P.E., Assistant City Engineer Roger Orr, City Attorney Marie Gouin, Director of Management & Budget St. Lucie County Don West, Public Works Director St Lucie County Sharcd/gastax/04-28-08gastaxitrto slc.doc 121 S.W. Port St. Lucie Boulevard • Port St. Lucie, FL 34984-5099.772/871-5177 • Fax 772/871-5289 TDD Line • 772/344-4222 i 4 Memorandum TO: Walter England, P.E., City Engineer FROM: Marcia Dedert, CPA, CGFO, Finance Director/Treasu RE: City transportation expenditures of fiscal year 2006-2007 to be used for calculating local option gas tax proceeds for fiscal year 2008-2009 DATE: April 28, 2008 Transportation Impact Fee Revenue: City's 601/o $ 11,183 County's 40% 12,199 City's 100% 6,219,333 W Total Transportation Impact Fees $ 6,242,715 Garage 17,599 Lighting District 138,371 Road & Bridge Operating Fund 16,313,050 Road & Bridge Capital Improvement Fund 15,555,033 Crosstown Parkway Capital Improvement Fund 24,131,398 NPDES Fund 174,232 Utility System relocation cost associated with roadway improvements 161,115 River Point Capital Improvement Fund (78% of Annual Debt Service) 798,738 S. Lenard Rd Capital Improvement Fd (Impact Fees plus 72.46% Walmart Assessment) 194,647 Tesoro Capital Improvement Fund (74.61/. of Annual Debt Service) 2,101,353 Glassman Capital Improvement Fund (76.6% of Annual Debt Service) 1,026,828 East Lake Village Capital Improvement Fund (75.5% of Annual Debt Service) 735,495 St Lucie Land Holding Capital Improvement Fund (82.4% of Annual Debt Service) 43,203 CRA TIF Bonds 2004 (61.28% of Annual Debt Service) 514,844 CRA TIF Bonds 2006 (51.69% of Annual Debt Service) 615,024 City Center Capital Improvement Fund (76.31 % of Annual Debt Service) 484,295 Peacock Capital Improvement Fund (100% of Annual Debt Service) 431,935 Lowry Capital Improvement Fund (51.82% of Annual Debt Service) 29,119 General Obligation bonds Crosstown Parkway (100% of Annual Debt Service) 4,121,293 St Lucie West C.D.D. Road project (Annual Debt Service) 882,348 Sub -Total 74,712,635 Less: City's Impact Fees 6,230,516 Financing Proceeds: 304 Road Inprovement Revenue Note 2003 1,555,145 314 GO Bonds Crosstown Parkway 2005 & 2006 20,559,241 Total Reductions (28,344,902) Sub -Total 46,367,733 Stormwater Utility Fund 15,017,565 1997 Revenue Bonds Principal 400,000 Less: Financing Proceeds -0- Total Stormwater Utility Fund 15,417,565 Total Transportation Expenditures $ 61,785,298 To the best of my knowledge, the following schedule reports the city's transportation expenditures for the last five years: 2002-2003 37,952,171 2003-2004 44,691,305 2004-2005 53,694,131 2005-2006 83,213,034 2006-2007 61,785,298 Total $ 281,335,939 iO3,`2OC?S 11:01 77248K534 F-HPNUE & MIS DEPTS. PAGE 02/03 OFFICE OF DIRECTOR OF FINANCE INTEROFFICE MEMORANDUM TO: George J. Bergalis, Director of Finance FROM: Gloria J. Johnson, Assistant Finance Director SUBJECT: 'Transportation Expenditures DATE: June 3, 2008 Listed below are the transportation expenses incurred by the City of Fort Pierce the past five years: a Al 1, ' i • f M1 f 'y r 6.� fi 2003 14, 685, 742 85,686 14,771, 628 2004 15,154, 576 602,360 15,756, 938 2005 15, 758, 909 1,156,446 16,925, 355 2006 20,393,293 1,314,433 21,707,726 2007 26, 369, 720 870, 865 27,240, 585 Totals 92,372,242 4,029,990 96,402,232 06."G1_. , 11, v!l 7724i3S 2534 F:NANCE & Ii S DEFT;.,. t Cl TY OF FONT FIERCE, FLORIDA TRANSPORTAV71ON COST LAST FFVE YEARS General & Adminis t vc $tmet5 Engineering Oeneral Economic Environment Parks 6tormwater Roadway & Traffic Maint 2007 2006 2005 2004 2003 1,318,348 1,098,888 1,082,141 1,080,793 961,454 1,074.659 983,830 914,873 845,470 71028 1,991, 956 1,920,465 1,476,470 1,537.703 1,346,479 18,298 18,465 0 0 18,671 453,915 413,737 388.286 380,599 340,614 439.564 328,541 M3,958 283,958 508,657 2,808,491 3,185,295 2,220,711 2,625,121 1,511,011 Capital & Infrastructure LgOpnent, Reads, Sidewalk Other Improvemenis Wraattrrctum General 4,097.367 4,511,772 3,267,331 4,580,098 2,836,860 Redev opmen4 Agency 4,4197,M 2,485,776 1,300.305 159,522 0 atorrrrwatet 4,838,972 3,664,975 997,700 2,C71,643 2,876,997 Debt Service. A & 8 Road Improv 2049,958 153,6A0 609,344 52,.219 21714,343 2001 Dap improv Ond 265,329 260,746 261,680 263,395 261.352 1999 Capkal Improv 243,285 243,883 241,982 241,488 242,579 1999 capital Irnprov+ 327.728 429,5523 427,583 429,254 426,62+ FPRA Agency 230,331 194,050 1,795,534 123,412 0 FPRA Agency 231,233 Stormwater 391,735 391735 398'011 391,903 -119,130 3torrrrw,stef 1,086,625 120,112 0 0 0 26,369,720 M393,293 1"3368,909 15,154,578 14,685.W Impact Facts 870 885 W1,314,437 1,156,448 6i12,360 _ 85,e,86 Total Transf oflation Expenses 27,240 585 21,70TtU6 115,626,366 ML66,938 14,771,11 0I 1I 08 14:22 FAX 772 4642566 \EILL.GRIFFIN et a1 Z. (102 _nW OFFICES NEILL, GRIFFIN, TIERNEY, NEILL & MARQUIS tHARTE7ED R CHARD v, NEILL' CHE5TER Fi. GRIFFiW4 .J 3TEFHEN TIERNEY. (If RiCHARD V, KMLL, JR: RENtE MAR3V16ROF1AME� 'B9PR�CCIC'I Ii IEC'HIU.'i. TpL 4!G 6 G%.TATuS II.NTCII C /D�RD �� ?T c�e� TnxaYlDh L/Y.TCP •EO�PD csrf'ft?i ED QNI1 I—,,q ER 51I SOUTH 9ECCNP 57REET SUITE ZOO TORT FIERCE. FLQRIDA 3i`vgJ TELECOUIER ONLY t772-462-2117' vs. Marie GOU4r Board of CountV CoT1i$s8 OnerS 23C0 Vizg:nia AvFrue Fort ?ieroe, _L 34982-5652 RE: Town of St. Lucie Village Dear Ms. Gnuin. �07 MAILING ADORE.F= POST CFFICE LOX 127C FCRT PIERCE, F_ 24964 TELEFh4NE (772)-164-.'.Soc FAX (772> 4E4.9!5GG Enc-osed please find --he Clerk's 3-zmarx in re-'at-cr., to trarsnortation -related e)<pend__urc$ for the Town 01 St. LUCie v_liage tor tnn Fiscal year ending SepL:ember 30, 4G0 7 . With best regards. F U l . RVN! r/hg Lnclesure ' C: Williark G. Thiess, N_a,rcr Diane Orme, Clerk (w/enc1.) 04, 1 A , DS 11:22 FAX 772 464�Zlik-- SEILL,GRIFFI% et &I R, o �) 3 2007 Transportation Costs Street Ligh.ts 5,938.25 --- Mowing 13,525-00 Road Repairs 31 834.98 ,Ditch Maintenance 4,836.010 -- dr—ainaProjects 34 J186.50ge- - -i�o-6s�—Ro'ad­M!§tU 7,758. 16 -ka-i-lioad - Crossing 71,382.75 Engineer's Costs 1,620.00 37.62 $171119.26, EROSION CONTROL DISTRICT www.co.st-lucie.fl.us WUUIIIIIIIIUIfiU111Wt1UYlililitllllUi1fi11N1U1t111UIIlYIiIUIIIIIIIUtYIIUUYY111IY11YtIY11NIt111Y1tUlUY1111IY1U11YYUYUiUlY1fUI1t1iU11II111ilUYUYUi11iUI1NUUlili Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Joseph E. Smith District No. 1 Paula A. Lewis District No. 3 YYYIINI111UIIUi11t11UI11U11i1111UfIlliUf1Y11Y1Y11iI111U1 W INllilUii WIIUiUYYYYUUIIYNWUUWIYUUIYIUYWUItYYYUUUUiiNiNW UYiiiiiiUUiifYYlllfiiiiiiilNiiin I. CONSENT AGENDA A. PUBLIC WORKS Artificial Reef Grant Program: Approval to accept a supplemental $60,000.00 from the Florida Fish and Wildlife Conservation Commission (FWC) as described in grant contract FWC-07304 — Consider staff recommendation to approve the attached FWC contract 07304 to accept $60,000.00 and signature by the Chairman. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken 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. AGENDA WOUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PUBLIC WORKS/ EROSION DISTRICT ITEM NO. A DATE: June 17, 2008 REGULAR PUBLIC HEARING [ ] CONSENT XJ 1 PRESENTED BY:�G lJ �7 v - SUBJECT: Artificial Reef Grant Program: Approval to accept a supplemental $60, 00.00 from the Florida Fish and Wildlife Conservation Commission (FWC) as described in grant contract FWC-07304. BACKGROUND: See attached memo. FUNDS WILL BE MADE AVAILABLE IN: N/A PREVIOUS ACTION: August 28, 2007: Board approved the original grant agreement of $54,000.00 with the Florida Fish and Wildlife Conservation Commission (FWC) March 13, 2007: Board approved the submittal of grant funding application request to FWC. RECOMMENDATION: Staff recommends approval of the attached FWC contract 07304 to accept $60,000.00 and signature by the Chairman. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CO URRENCE: Dou as M. An County Administrator Coordination/Signatures County Attorney: Management & Budget: g urchasing: >Ov . Originating Dept: public Works: 1fi . Other: Finance: (Check for Copy only, if applicable)' i . 1 of 2 H:VORDIAGENDAS 2008-09\F,ROSION JIM - MODIFY 2007-8 FWC GRANT CONTRACT.DOC Public Works - Erosion MEMORANDUM TO: Board of County Commissioners FROM: James B. Oppenborn, Marine Resource Coordinator THROUGH: Don B. West, Director of Public WorkslW ' RE: Acceptance of a $60,000.00 Artificial Reef Construction Grant from the Florida Fish and Wildlife Conservation Commission DATE: June 9, 2008 BACKGROUND: The Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine Fisheries, annually provides grant funding for artificial reefs. In Fiscal Year 2007-2008, the Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine Fisheries granted St. Lucie County $54,000 to deploy 3 barges (1,500 tons) of high quality clean concrete materials on the County's permitted Offshore Site. St. Lucie County was able to complete the aforementioned grant agreement by February, 2008, and in the process collected enough materials for Martin County to fulfill its grant deployments. In the process of collecting reef materials, St. Lucie County collected $88,275.52 of trucking receipts for delivery of these materials. These receipts show community support and are able to be used by the FWC as a match in its Federal grants program. Because of these factors, the FWC has offered St. Lucie County an additional $60,000.00 in artificial reef grant funding which must be spent by August 31, 2008. Secondary material (1500 tons) consisting of concrete culverts, light poles, etc. is already staged at the Harbour Pointe site and is waiting to be deployed. Additional suitable materials are at the FP&L nuclear plant on South Hutchinson Island. The St. Lucie County Erosion District through the Artificial Reef Program has enjoyed renewed success in deploying artificial reefs over the last 33 months. In that time 17 new artificial reefs have been deployed, providing 3.75 acres (163,275 square feet) of hardbottom habitat for 84 species of fish and numerous other marine organisms. The unexpected offer of $60,000.00 from the FWC. will enable the County to deploy 3 additional reefs this summer. 2 of 2 H:IWORDWGENDAS 2008-09TROSION JIM - MODIFY 2007-8 FWC GRANT CONTRACT.DOC FWC Grant No. FWC-03:3o ST. LUCIE COUNTY ARTIFICIAL REEF CONSTRUCTION PROJECT 2007-2008, PHASE 2 THIS GRANT AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "COMMISSION", and the ST. LUCIE" COUNTY EROSION DISTRICT BOARD, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982 hereafter "GRANTEE". NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: DUTIES OF THE GRANTEE Scope of Services The GRANTEE shall perform the services and specific responsibilities as set forth in Attachment A, entitled "Scope of Services", attached hereto and made a part hereof. 2. Grantee Eligibility The GRANTEE shall be licensed as necessary to perform under this Grant Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. TERM OF AGREEMENT 3. This Agreement shall be effective upon execution by the last party to do so and shall end August 31, 2008, inclusive. All work described in Attachment A, Scope of Services, must be completed no later than August 31, 200&. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after August 31, 2008. COMPENSATION 4. As consideration for the services rendered by the GRANTEE under the terms of this Agreement, the COMMISSION shall reimburse the GRANTEE on a cost reimbursement basis ✓ in an amount not to exceed $60,000.- PAYMENTS 5. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of invoices, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the COMMISSION's Contract Manager. Each invoice shall Page 1 of 10 include the FWC Grant Number and the GRANTEE's Federal Employer Identification (FEID) Number. An original and two (2) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Invoices for reimbursement shall be submitted following successful completion of the artificial reef project described in Attachment A, Scope of Services, and approved by the COMMISSION prior to the termination date of the Agreement. The GRANTEE shall not be eligible for reimbursement for services rendered after August 31, 2008. A final invoice must be received by the COMMISSION no later than October 15, 2008 to assure availability of funds for payment. 6. No travel expenses are authorized. 7. The GRANTEE shall be compensated on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Financial Services, Bureau of Auditing, Voucher Processing Handbook, Chapter 4., C., 1. (attached hereto and made part hereof as Attachment B). 8. For Agreements whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 9. Invoices, including backup documentation, shall be submitted to: Keith Mille, Environmental Specialist III Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 TERMINATION 10. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. 11. Either party may terminate this Agreement by giving written notice to the other party specifying the termination date and justification for termination, by certified mail, return receipt requested, at least forty-five (45) days prior to the termination date specified in the Agreement. TAXES 12. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the term of this Agreement. Page 2 of 10 NOTICE 13. Unless a change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE COMMISSION James Oppenborn Keith Mille, Environmental Specialist III St. Lucie County FWC Division of Marine Fisheries Management 2300 Virginia Avenue 2590 Executive Center Circle East, Suite 203 Fort Pierce, FL 34982 Tallahassee, Florida 32301 (772) 462-1713 (850) 487-0580 x207 oppenborinnstlucie.gov bill.hornna,myfwc.com AMENDMENT OR MODIFICATION 14. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g. specifications, schedules, method or manner of performance, requirements, etc.). However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing. Any Modification that causes an increase or decrease in the GRANTEE's cost or the tern of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES 15. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. 16. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 17. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 18. To the extent required by law, the GRANTEE will either be self -insured for Worker's Compensation claims, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Contract is not protected under Page 3 of 10 Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers' compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers' compensation insurance. 19. The GRANTEE warrants and represents that it is self -funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the GRANTEE's officers, employees, servants and agents while acting within the scope of their employment with the GRANTEE. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES 20. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this agreement. RECORD KEEPING REQUIREMENTS 21. The GRANTEE shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement, in accordance with generally accepted accounting principals. The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following the close of this contract. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. LIABILITY 22. Each Parry hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Page 4 of 10 NON-DISCRIMINATION 23. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 24. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. NON -ASSIGNMENT 25. This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION. PERFORMANCE AND REMEDIES 26. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 27. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 28. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 29. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. Page 5 of 10 JURY TRIAL WAIVER 30. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against another party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. DIVISION OF MARINE FISHERIES MANAGEMENT REQUIREMENTS 31. The GRANTEE agrees to follow all requirements of Section 287.057, Florida Statutes, for the procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a minimum of two written quotes for any subcontracts required for Agreements in the amount of $25,000 or less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5) potential subcontractors for any subcontracts required for Agreements in excess of $25,000. 32. The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS) does not preclude the GRANTEE from the requirements of Paragraph 31. 33. The GRANTEE shall include Attachment A (Scope of Services) verbatim in all bid specifications. All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager, prior to public advertisement or distribution. 34. The GRANTEE shall submit bid specifications to the COMMISSION's Contract Manager for approval within ninety (90) days following the execution date of this Agreement. 35. Any request to use a sole source vendor by the GRANTEE must be requested and justified in writing and approved by the COMMISSION's Contract Manager prior to awarding a sole source subcontract under this Agreement. 36. A summary of the vendor replies and recommended subcontractor must be sent by the GRANTEE to the COMMISSION's Contract Manager for written approval prior to the awarding of any subcontracts under this Agreement. 37. The GRANTEE shall include this entire Agreement and all attachments in all subcontracts issued as a result of this Agreement. All such subcontracts in excess of $5,000 shall be in writing. 38. The GRANTEE agrees to acknowledge the role of the Federal Aid. in Sport Fish Restoration Program funding in any publicity related to this Agreement. 39. The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days notice for any artificial reef construction that occurs as a result of this Agreement. 40. The GRANTEE agrees to follow all provisions of Section 370.25, Florida Statutes and Rule 68E-9, Florida Administrative Code during the term of this Agreement. Page 6 of 10 41. The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement; including the general and special conditions specified in any permits issued by the Department of the Army, Corps of Engineers and/or the Florida Department of Environmental Protection. The GRANTEE further agrees to include this as a separate provision in all subcontracts issued as a result of this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 42. The Florida Single Audit Act requires all non -state organizations (GRANTEE) who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 215.97, Florida Statutes. In addition, recipients and subrecipients (GRANTEE) of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment C, titled "Requirements of the Federal and Florida Single Audit Acts", attached hereto and made a part of this Agreement, as applicable. CERTIFICATE OF CONTRACT COMPLETION 43. The GRANTEE will be required to complete a Certificate of Contract Completion form when all work has been completed and accepted. This form must be submitted to the COMMISSION's Contract Manager with the GRANTEE's invoice for payment to be authorized. The COMMISSION's Contract Manager shall submit the executed form with the invoice to Accounting Services. FEDERAL FUNDS 44. This Agreement is funded in whole or in part by a grant from the U.S. Fish and Wildlife Service, Federal Aid in Sport Fish Restoration Program, CFDA No. 15.605. Therefore, the GRANTEE shall be responsible for complying with all federal grant requirements as provided in this Agreement, a copy of which is attached hereto and made a part of as Attachment D. It is understood and agreed that the GRANTEE is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the U.S. Fish and Wildlife Service. DEBARMENT AND SUSPENSION 45. In accordance with Executive Order 12549, Debarment and Suspension, the GRANTEE shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the GRANTEE shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing to the COMMISSION by the federal agency issuing the grant award. Page 7 of 10 46. Upon execution of this Agreement by the GRANTEE, the GRANTEE shall complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment E 47. As required by paragraphs 48 and 49 above, the GRANTEE shall include the language of this section, and Attachment E in all subcontracts or lower tier agreements executed to support the GRANTEE 's work under this Agreement. PROHIBITION AGAINST LOBBYING 48. The GRANTEE certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the GRANTEE, to .any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non -Federal funds are used for lobbying activities as described above in connection with this Contract, the GRANTEE shall submit Standard Form-LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The GRANTEE shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. 49. Pursuant to the Lobbying Disclosure Act of 1995, the GRANTEE agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. 50. In accordance with Section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. RIGHTS IN INTELLECTUAL PROPERTY 51. All items, materials or products, of any description, produced or developed by the GRANTEE for the COMMISSION in connection with this Grant Agreement shall be the exclusive property of the COMMISSION and the State of Florida and may thereby be copyrighted, patented, or otherwise protected as provided by law. Neither the GRANTEE, nor its employees, representatives or subcontractors, shall have any proprietary interest in the products and materials developed under this Grant Agreement. Because Federal funding is involved in support of this Grant Agreement, the Federal Government also reserves a royalty - free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work (including any future versions, updates and improvements), and to license the same rights and use to agencies and subdivisions of the Federal Government. Publishing rights to the information resulting from this grant agreement are hereby granted to the GRANTEE, and to any not -for - profit subcontractors. Page 8 of 10 ENTIRE AGREEMENT 52. This Agreement represents that entire Agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. REST OF PAGE INTENTIONALLY LEFT BLANK Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. ST LUCIE COUNTY EROSION DISTRICT BOARD By: (Authorized Signatory*) (Print Signatory's Name and Title) Date: (Grantee) (Address) (City, State, and Zip Code) '(Federal Employer Identification Number) Reimbursement Check Remittance Address: (Address) (City, State, and Zip Code) FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Director, Division of Marine Fisheries or Designee Date: Approved as to I67ij,# legality: FWC Atto y *If someone other than the Chairman signs this Agreement, a statement or other document authorizing that person to sign the Agreement on behalf of the County must accompany the Agreement. List of Attachments included as part of this Agreement: Attachment A Scope of Services Attachment B Comptroller's Contract Payment Requirements Attachment C Requirements of the Federal - Florida Single Audit Acts Exhibit 1 State and Federal Funds Awarded through the Florida Fish and Wildlife Conservation Commission Attachment D Federal Aid Compliance Requirements Attachment E Certification Regarding Debarment/Suspension Page 10 of 10 ATTACHMENT A SCOPE OF SERVICES ST. LUCIE COUNTYARTIFICIAL REEF DEVEL OPMENT PROJECT 2007-08, PHASE 2 St. Lucie County proposes to deploy approximately 1,500 tons of secondary use concrete materials and or steel materials to be stacked in three separate piles (one barge load for each stack). Secondary concrete and or steel materials will consist of clean concrete railroad ties, concrete culverts, concrete manholes, concrete light poles, concrete bridge materials, concrete and steel safes, or other concrete or steel materials acceptable to the COMMISISON. The piles will be spaced approximately 100 feet apart from each other and each pile will measure approximately 90 feet wide by 35 feet long and 10 feet high. The concrete patch reefs are proposed to be placed within St. Lucie County's Site 43 Artificial Reef Site. This is a rectangular permitted zone measuring 1 nautical mile by 3.4 nautical miles in a northeast -southwest long axis orientation, encompassing 2,912 acres in federal waters off St. Lucie County. This site is permitted to St. Lucie County by the U.S. Department of the Army, Corps of Engineers Permit Number 2004-1769 (IP-JBH), which is valid until April 29, 2010. The proposed deployment location within this permitted area is located approximately 13.5 nautical miles on a bearing of 112' from Ft. Pierce Inlet. The proposed series of three patch reefs will be located in the northern quadrant of the permitted area in approximately 130 ft and 150 ft of water. The three concrete patch reefs will be deployed in the vicinity of coordinates 27' 24.500' N; 80' 02.000' W, and will supplement the 4 patch reefs previously deployed near these coordinates during the spring of 2008. The reef construction activity to be funded consists of the following elements: LOADING AND TRANSPORTATION 1. Loading and transportation of approximately 1,500 tons of pre -cast concrete secondary use materials, concrete designed units, or other concrete, or steel structures acceptable to the COMMISSION. 2. Load the concrete materials onto a suitable conveyance and transport to a site for loading onto a barge or other suitable vessel for offshore movement. Load the structures onto a vessel for transportation to the designated reef site. Provide a sufficiently powered transport or towing vessel, personnel, and all necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the transporting vessel must be properly secured in compliance with Coast Guard standards to allow for its safe transport to the reef construction site. 3. The GRANTEE'S Project Manager shall complete the FWC Artificial Reef Cargo Manifest form to be maintained onboard the vessel at all times during transport of materials, pursuant to Chapter 370.25, Florida Statutes. Page 1 of 4 Attachment A DEPLOYMENT AND MATERIAL PLACEMENT 4. During the deployment of the concrete reef material, the transport vessel must be effectively moored through double anchoring, be spudded down, or otherwise be held securely in place with minimal movement (+/-50 feet) to ensure accurate placement of the concrete patch reef on the bottom. Material must be arranged to provide habitat complexity as well as provide sand bottom forage area opportunities. Individual reef materials should not be widely scattered. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of materials. The tug or transport vessel shall meet all U.S. Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio. Effective and reliable communications shall exist at all times between the transport vessel, and the designated GRANTEE observer on site. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NOAA weather office. Either the GRANTEE's observer or the subcontractor's vessel captain reserves the right to suspend off-loading operations if positioning and other deployment objectives, including safety of personnel and equipment, are not being met. 5. The reef material under this Agreement will be strategically placed in three separate piles within St. Lucie County's Site #3 Artificial Reef Site. 6. The minimum vertical clearance shall be maintained at above the highest point of the reef material (in accordance with the special conditions of the US Army Corps of Engineers permits). 7. The GRANTEE's Contract Manager shall oversee the temporary marking of the reef deployment location in advance of reef materials deployment in order to assist the subcontractor in the proper placement of the reef. The markers shall be buoys no less than 12 inches in diameter, clearly visible to the tug captain, and sufficiently anchored and with sufficient scope so that they will not drift off the designated deployment site prior to deployment. The COMMISSION will not pay for materials placed outside the permit area as described above. Precise GPS placement of marker buoys that do not shift position with time will also be important to insure the reef is constructed within the permitted area. 8. The GRANTEE's Project Manager or GRANTEE's employee designated as an official observer shall remain on site during the entire deployment phase of the operation and confirm the GPS coordinates of the individual placements as well as the maximum vertical relief of the constructed reefs using a fathometer after the reef construction has been completed. 9. Both the GRANTEE and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart. The proposed patch reef coordinates and the corner coordinates of the reef site will also be in possession of the GRANTEE's observer and the subcontractor when on site. The GRANTEE's observer shall also be in possession of a copy of the Army Corps permit for the area where the deployments Page 2 of 4 Attachment A are taking place. The GRANTEE shall be responsible for insuring that all permit condition terms are complied with. 10. The GRANTEE agrees to allow the COMMISSION to conduct on -site inspections of the saltwater artificial fishing reef project before, during, and after the deployment. ALLOWABLE EXPENDITURES ASSOCIATED WITH THE REEF PROJECT 11. Funds from this Agreement may be expended on the activities listed pursuant to Chapter 68E-9.004(1)(a), F.A.C. 12.If the GRANTEE chooses to conduct a post -deployment SCUBA assessment at the deployment location(s) (this is not required, but is an eligible activity under Chapter 68E- 9.004(1)(a), F.A.C.), in order to be eligible for reimbursement, work must be completed prior to August 31, 2008 and the following items, at a minimum, must be included: a. methods: name and type of vessel, anchored or live boated, type of GPS unit(s), divers, survey methods; b. conditions: cloud cover, wind speed and direction, sea conditions, visibility, water temperature, currents; c. chronology: start and end of each dive; dive profile: dive plan, maximum depth, dive time, distance and bearing searched; d. Coordinates: Describe the GPS unit(s) used to navigate to the site (model number). Describe whether differential, WARS, and/or LORAN. Compare the dive locations to deployment location numbers. How well do they match the published numbers? e. Physical observations: Describe the number and size of material observed. What is the proximity of concrete pieces or modules to each other. What percent material was damaged or partially damaged? What is the maximum and minimum relief of the site? How do these observations compare to the Material Placement Report Form information submittal? f. Footprint area: Measure the approximate total area covered by each patch reef through standard in situ survey practices. g. Biological observations: Describe any fish observed, or other general biological observations. h. Video and photographs: Provide representative still and/or video footage of each deployment location (digital format preferred when available). 13. Funds from this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment. Documentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made. LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 14. Upon initiation of the handling and movement of these artificial reef materials by the GRANTEE's subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcontractor. Page 3 of 4 Attachment A This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement. PAYMENT SCHEDULE 15. The GRANTEE shall be paid on a cost reimbursement basis by the COMMISSION in the form of a single final payment for the allowable costs incurred under this Agreement following satisfactory completion of the project and submission of all required project close out documentation, no later than the ending date of the Agreement. A timely reimbursement request following completion of actual field operations is strongly encouraged. The GRANTEE shall not be eligible for reimbursement for services performed after August 31, 2008. A final invoice must be received no later than October 15, 2008 to assure the availability of funds for payment. REPORTING, PERFORMANCE, AND PUBLICATIONS 16. Written or electronically transmitted progress reports must be sent to the COMMISSION's Contract Manager at no less than 60 day intervals beginning from the date of execution of this agreement. 17. A final field report providing the designated observer's narrative of the reef deployment operation is required prior to reimbursement. The field report shall include a written chronology and narrative describing the deployment, and a performance evaluation of the marine subcontractors who performed the work. The final field report should include video footage or photographs (underwater and/or surface), if available. 18. A Materials Placement Report shall be submitted to the COMMISSION's Project Manager within 30 days of field operations completion. The Materials Placement Report shall reflect an accurate material tonnage for the reef deployed as well as a detailed description of the type, number, dimensions and individual weights of the various sizes of reef materials deployed. This information may be submitted on the materials placement report in lieu of taking loaded and unloaded barge measurements. If accurate individual weights of concrete units cannot be obtained or are not known, barge displacement measurements are required. The GRANTEE's Project Manager or GRANTEE employed designee shall then record the waterline length, width and draft (to the nearest inch) of the loaded barge at all four (4) corners to calculate the average displacement of water due to the weight of the artificial reef materials. The same barge measurements must be taken by either the GRANTEE's Project Manager or GRANTEE -employed designee when the barge returns to shore after the deployment has been completed. These measurements may not be taken while the barge is offshore at the deployment site. The barge measurements are to be included in the Materials Placement Report. 19. Any published articles related to this artificial reef activity should reflect the role of the USFWS Federal Aid in Sport Fish Restoration Program in assisting in the funding of this activity. Page 4 of 4 Attachment A ATTACHMENT B Comptroller Contract Payment Requirements Department of Financial Services, Bureau of Accounting and Auditing Voucher Processing Handbook (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. " (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. if nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Page I of 1, Attachment B ATTACHMENT C REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the recipient is a non -state entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a non - state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a Page I of 3, Attachment C financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART III: OTHER AUDIT REQUIREMENTS None PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: The Commission at the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Page 2 of 3, Attachment C The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director, Trevor Phillips, by phone at (850) 488-6068 or by email at trevor. ahilios(&-mvfwc. com PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission. REST OF PAGE INTENTIONALLY LEFT BLANK Page 3 of 3, Attachment C EXHIBIT - I FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Agency: U.S. Fish and Wildlife Service Federal Program: Federal Aid in Sport Fish Restoration Program CFDA Number: 15.605 State Agency: Florida Fish and Wildlife Conservation Commission State Program: Division of Marine Fisheries Management Artificial Reef Grants Program Recipient: St. Lucie County Amount: $45,000 (75% of total project amount of $60,000) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Only the goods and/or services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. 2. All provisions of Section 370.25, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. 3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this artificial reef project. STATE FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING FUNDS FOR FEDERAL PROGRAMS': State Agency: Florida Fish and Wildlife Conservation Commission State Program: Division of Marine Fisheries Artificial Reef Grants Program State Funding Source: Marine Resource Conservation Trust Fund *Federal Agency: U.S. Fish and Wildlife Service `Federal Program: Federal Aid in Sport Fish Restoration Program `CFDA Number: 15.605 Recipient: St. Lucie County Amount: $ 15,000.00 (25% of total project amount of $60,000) SUBJECT TO SECTION 215.97, FLORIDA STATUTES (Florida Single Audit Act): None - State funds are for Federal Match only. COMPLIANCE REQUIREMENTS APPLICABLE TO THE STATE FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 216.97, Florida Statutes, require that the information about Federal and State projects included in Exhibit I be provided to the recipient. Page 1 of 1, Exhibit 1 STATE GRANT PROGRAMS 1.1 Purpose. The purpose of this chapter Is to summarize guidance on those requirements generally appllcable to grant programs. 1.2 Applicability and Scope. In accepting Federal lunds, States and other grantees must comply with all applicable Federal laws, regulations, and policies. This chapter Is not all-inclusive. Exclusion of any specific requirement does not relieve grantees of their responslbility for compliance. Copies of reference materials can be obtained from the Regional Offices. Guidance on the following requirements is contained in this chapter. A. Nondiscrimination Requirements. Title VI of the Civil Rights Act of 1964 Section 504 of the Rehabilitation Act of 1973 Age Discrimination Act of 1975 Title IX of the Education Amendments of 1972 B. Environmental Requirements. Coastal Zone Management Act of 1972 Executive Order 11987, Exotic Organisms Endangered Species Act of 1973 National Environmental Policy Act of 1969 (NEPA) Floodplains and Wetlands Protection - Animal Welfare Act of 1985 - Coastal Barrier Resources Act of 1982 C. Historic and Cultural Preservation Requirements. - National Historic Preservation Act of 1966 D. Administrative Requirements. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Debarment and Suspension Drug -Free Workplace Act of 1988 Restrictions on Lobbying (P,L. 101.121) 1.3 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)). A. Summary, Prohibits discrimination based on race, color, or national origin in any 'program or activity receiving Federal financial assistance.' B. Reference$. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements, (1) Grantees may not, on the basis of race, color, or national origin, select, locate, or operate project facilities which will serve to exclude or limit opportunity for use or benefits. (2) Grantees shall make reasonable efforts to inform the public of opportunities provided by Federal Aid projects and shall inform the public that the projects are subject to Title VI compliance. (3) Though employment practices are not in themselves subject to Title VI, Title VI does apply to employment which may affect the delivery of services to beneficiaries of a federally assisted program. For the purpose of Title Vt, volunteers or other unpaid persons who provide services to the public are included. 1.4 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.795) A. Summary. Ensures that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. S. Rsferences. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan, C. Requirements. (1) Grantees may not deny a qualified handicapped person the opportunity to participate In or 1511hofit from Federal Aid project facilities or services afforded to others. (2) Grantees may not deny a qualified handicapped person the opportunity to participate as a member of a planning or advisory board. (3) The location of facilities shall not have the effect of excluding handicapped persons from, deny them the benefits of, or otherwise subject them to discrimination under any Federal Aid project. 1.5 Age Discrimination Act of 1975 (42 U.S.C. 0101) 1 of 6 12117/92 FWM 061 STATE GRANT PROGRAMS 11_... AK....L........r n STATE GRANT PROGRAMS A, Summary, Prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. 8. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. However, a grantee is permitted to take an action otherwise prohibited if the action reasonably takes into account age as a factor necessary to the normal operation or achievement of any statutory objective of a program or activity. 1.6 Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, st.seq.) A. Summary. Prohibits discrimination on the basis of sex in any education program receiving Federal financial assistance. B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements C. Requirements. No person in the United Slates shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program receiving Federal financial assistance. For the purpose of Title IX, hunter education and aquatic education project activities are considered education programs. 1.7 Coastal Zone Management Act of 1272 (11 U.S.C. 1451 at. seq.) A. Summary. The Act is intended to, 'preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone,,.' B. References. Regulations of the Department of Commerce (15 CFR 930), C. Requirements, Federal Aid projects, which would 'significantly affect the coastal zone' must be consistent with the approved State management programs developed under the Act. Prior to submitting a Grant Proposal for a project in the coastal zone of a State with an approved Coastal Zone Management Program, the proposed project must be reviewed for consistency with the management plan. Grantees may be required to submit a statement attesting to conformance with the Coastal Zone Management Plan. 1.8 Executive Order 11957, Exotic Organisms, A. Summary. Federal agencies shall discourage the States from introducing exotic species into natural ecosystems of the United Stales. In addition, Federal agencies will restrict the use of Federal funds for the purpose of introducing exotic species into ecosystems outside of the United States. S. References. Executive Order 11987, Exotic Organisms, 42 FR 26949 (May 25, 1977) C. Requirements. (1) Any proposal for the introduction of an exotic species into a natural ecosystem by a Slate fish and wildlife agency must include a biological opinion from the U.S. Fish and Wildlife Service supporting the proposed introduction. (2) To obtain a biological opinion, the State agency shall provide the Regional Director with a written request for the opinion together with any available Information including, but not limited to, NEPA documents, biological data, and project plans. (3) After receiving a biological opinion, it will be the responsibility of the State agency to adhere to the recommendations outlined in that opinion. 1.9 Endangered Species Act of 1973 (16 U.S.C. 1531-1534). A. Summary. Actions funded under the Federal Aid programs must not jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of the habitat of the species. S. Reference, Section 7 Consultation Requirements, 43 FR 870 (Jan. 4, 1978). C. Requirements, The Regional Director must ensure that Federal Aid projects are not likely to jeopardize the continued existence of endangered or threatened species or result In the destruction or adverse modification of critical habitat. For projects which may affect an endangered or threatened species, either beneficially or adversely, a formal Section 7 consultation is necessary. The Slate is required to name the listed species and/or critical habitat included; list the name, description, and location of the area; list objectives of the actions; and provide an explanation of the impacts of the actions on a listed species or its critical habitat. 2of6 1.10 National Environmental Policy Act of 1949 (42 U.S.C. 4321.4347). STATE GRANT PROGRAMS STATE GRANT PROGRAMS A. Summary. Requires that every proposed Federal action be examined to determine the effects (beneficial or adverse) it will have on the human environment and that the findings be considered in decisions regarding its Implementation. B. References. (1) Regulations of the Council on Environmental Quality implementing the procedural provisions of NEPA, (40 CFR 1500.1508) (2) Departmental Manual, Environmental Quality, Part 516, (3) Fish and Wildlife Service Manual, National Environmental Policy Act, Part 550, (4) National Environmental Policy Act Handbook for Federal Aid Projects. The Assistant Director -Fish and Wildlife Enhancement is authorized, to promulgate the National Environmental Policy Act Handbook for Federal Aid Projects. C. Requirements. Each action proposed for Federal funding must include an Environmental Assessment (EA), Environmental Impact Statement (EIS), or show that the proposed activity Is covered by one or more categorical exclusions. For specific requirements and procedures, see National Environmental Policy Act (NEPA) Handbook for Federal Aid Projects. 1.11 Floodplains and Wetlands Protection. A. Summary. Federal Aid funds may not be used for projects affecting floodplains or wetlands unless there is no practical alternative outside the floodplain or wetland and only if actions are taken to minimize the adverse effects. B. References. (1) Executive Order 11988, Floodplain Management, 42 FR 26951 (May 25, 1977). (2) Executive Order 11990, Protection of Wetlands, 42 FR 26961 (May 25, 1977). (3) Department of Interior Procedures for Implementation, 520 DM 1. (4) Natural Resources Protection, 613 FW. C. Requirements. The Executive orders on floodplains and wetlands require Federal agencies to review proposed actions to ensure that there are no practical alternatives outside the floodplain or wetland, and to ensure that potential harm is minimized. If there are no practical alternatives to proposed projects in floodplains or wetlands, actions to minimize the adverse effects should be incorporated Into the project plans. 1.12 Animal Welfare Act of 1986, 7 U.S.C. 2131, at asq. B, References. Regulations of the Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), 9 CFR Parts 1, 2 and 3 (54 FR 36112 (Aug, 31, 1989). C. Requirements. Grantees who use Federal Aid funds to conduct covered management or research or who engage in interstate shipment of animals should contact the local Animal and Plant Health Inspection Service (APHIS) office for instructions. A list of the APHIS offices may be obtained from the Regional Offices. 1.13 Coastal Barriers Resources Act of 1962 (14 U.S.C. 3501), as amended by the Coastal Barrier Improvement Act of 1990 (P.L. 101.591) A. Summary. The purpose of the Acts are '..Jo minimize the loss of human life, wasteful expenditure of Federal revenues and damage to fish and wildlife, and other natural resources associated with coastal barriers...' B. References. U.S, Fish and Wildlife Service Advisory Guidelines, 48 FR 45664 (Oct. 6, 1983). C. Requirements. Activities conducted within a unit of the Coastal Barrier Resources System must most the requirements of section 6 of the Act. Section 6 requires consultation with the Service, via the appropriate Regional Office. A. Summary. Requires the humane treatment of animals (exclusive of fish) used in research, experimentation, testing, and teaching. 3 of 1.14 National Historic Preservation Act of 1966, 16 U.S.C. 470, A. Summary. Federal agencies may not approve any grant unless the project is in accordance with national policies relating to the preservation of historical and cultural properties and resources. B. References. (1) National Register of Historic Places (36 CFR 60). (2) The Archeological and Historic Preservation Act of 1974, 16 U.S.C. 469a. (3) Procedures for the Protection of Historic and Cultural Properties (36 CFR 800). (4) Determinations of Eligibility for Inclusion in the National Register of Historic Places (36 CFR 63). (5) Criteria for Comprehensive Statewide Historic Surveys and Plans (36 CFR 61). (6) Cultural Resources Protection, 614 FW, C. Requirements. (1) States must consult with the Slate Historic Preservation Officer (SHPO) for those activities or pio)ects that are defined as undertakings under the National Historic Preservation Act. An undertaking is defined as a project, activity, or program that can result in changes in the 6 12/17192 FWM 061 STATE GRANT PROGRAMS Maw rian rims Vr1LULI t 5tRVICE STATE GRANT PROGRAMS character or use of properties that are listed on or potentially eligible for listing on the National Register of Historic Places (National Register) and located within the project's area of potential effect. Undertakings include new and continuing projects, activities, or programs and any of their elements not previously considered under Section 106 of the National Historic Preservation Act. (2) In cases where a Federal Aid project has been determined to be an undertaking, the State must notify the appropriate Service Regional Director for guidance on how to proceed with Section 106 compliance. Based on the results of the consultation between the Slate and SHPO, the Service will determine the need and level of inventory to identify historic properties that may be affected by the undertaking and to gather sufficient information to evaluate whether these properties are listed or are eligible for listing in the National Register. (3) Where completed inventories indicate that identified historic properties may be affected by the undertaking, the State shall be responsible for submitting the necessary documentation to the appropriate Regional Director for review. As necessary, the Service shall seek determinations of eligibility for those properties that are to be affected by the proposed activity. (4) If a State is advised by the SHPO that an undertaking will adversely affect a property that is eligible for or listed on the National Register, the State shall ask the appropriate Regional Director to determine measures for mitigating or avoiding Impacts. This may require the development of a memorandum of agreement among the Service, State, and Stale Historic Preservation Officer to address specific measures that will be employed to avoid or minimize adverse effects to historic properties located within the area of potential effect. Adverse effects that may diminish the character and integrity of historic properties include: (a) Physical destruction, damage,,or alteration of all or part of the property; (b) Isolation of the property Irom or alteration of the character of the property's setting when that character contributes to the property's qualification for the National Register of Historic Places; (c) Introduction of visual, audible, or atmospheric elements that are out of character with the property or alter its setting; (d) Neglect of a property resulting in its deterioration or destruction; and (e) Transfer, lease, or sale of the historic property. (5) li a previously unknown property that is eligible for listing on the National Register Is discovered al any time during the Implementation period of a Federal Aid project, the Regional Director must be notified and all actions which (2) Reimbursement to a real property owner for costs to convey a title must include: 4 of 6 may adversely effect it must be suspended. The Service shall provide the State with instructions on how to proceed. 1,15 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601) A. Summary. Federal agencies may not approve any grant unless the grantee provides Assurances that it will comply with the Act. Prices tb be paid for lands or interests In lands must be felt and reasonable (except when the price Is fixed by law, or when the lands are to be acquired at public auction or by condemnation and the value determined by the court). Persons displaced from their homes, businesses, and farms must receive relocation services, compensation, and fair equitable treatment. B. References. (1) Department of Interior Uniform Relocation Assistance and Real Property Acquisition Regulations (41 CFR 114.50). (2) Department of Transportation Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs (49 CFR Part 24). C. Appraisal Requirements. (1) A real property owner or his designated representative must be contacted prior to making an appraisal and given an opportunity to accompany the appraiser during inspection of the property. The fact that it occurred must be documented in project files and in the appraisal report. (2) Real property must be appraised, the appraisal report reviewed, and the fair market value established prior to initiation of negotiations with the owner. (3) If the acquisition of only part of a property will leave the owner with an uneconomic remnant, the Slate or other grantee must offer to buy the whole property. The term 'uneconomic remnant' applies only to Title III of the Act and the necessity of the acquiring agency to offer to purchase such a remainder or the entire property. It is not to be construed with the term 'uneconomic unit' as it applies to the in -lieu payment of farm operations under Title If of the Act. D. Negotiation Requirements. (1) An owner or his designated representative must be provided, in person or by certilled mail, a written statement of just compensation as determined in the appraisal process. Offers of compensation cannot be less than the approved appraisal of fair market value of such property. If only a portion of the owner's property is being taken and the owner is left with an uneconomic remnant, the agency must offer to buy the whole property, gTATC nDA►IT eenneeue rron nnv niwui � ucnr,vc STATE GRANT PROGRAMS (a) Recording fees, transfer taxes, and similar costs; (b) Penalty cost for prepayment of pre-existing recorded mortgage; and (c) Pro•rata portion of real property taxes allocable to a period subsequent to the date of vesting title. (3) All displaced persons (owners and tenants) must be provided Information on their relocation benefits. E, Relocation Assistance to Displaced People. (1) A relocation plan must be prepared for displaced persons so that problems associated with displacement of individuals, families, businesses, farms and nonprofit organizations are known at an early stage In a project's development (see 49 CFR 24.205). Planning may involve the following: (a) Who and what will be displaced. (b) The estimated number of dwellings, businesses, farms, and nonprofit organizations displaced, including rentals. This estimate should contain: (1) Currently available replacement housing, businesses, farm, and organization sites; (11) Approximate number of employees affected; (III) Types of buildings, number, and size of rooms; (Iv) The needs of those displaced (i.e. lifestyle); and (v) Type of neighborhood, distance to community facilities, church, etc. (c) List of comparable replacement dwellings, including rentals, available on the market within a 50•mile radius (specialized units may require expanding radius). When an adequate supply of comparable housing is not expected to be available, consideration of Housing of the Last Resort actions should be instituted. (d) Estimate of cost of replacement housing by purchase and/or rental per displaced person, and consideration of special needs like the elderly or handicapped. (s) Estimate of cost for moving, (2) Advisory Servlcas for Displaced People, Advisory services must be provided for all persons occupying property to be acquired and for all persons who use such real property for a business or farm operation. Eligibility requirements and corresponding benefits must be explained to all displaced persons. Assistance must be provided to persons completing claim forms, obtaining moving services, and obtaining proper housing. (3) Payment for Relocation of Displaced Persons, Relocation expenses must be paid to a displaced person who purchases and occupies a replacement dwaning. 5 of 6 Moving and related expenses will be provided to displaced persona residing on real property Including those persons owning a business or a farm. All payments must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 1.ts Debarment and Suspension A. Summary, Executive Order 12549, Debarment and Suspension, directs that persons debarred or suspended by one Federal agency from receiving grants may not receive grants from any Federal agency, B. References. (1) Executive Order 12549, Debarment and Suspension, Feb. 18, 1986. (2) Department of Interior Rules, Governmentwide Debarment and Suspension (Nonprocurement), 43 CFR 12.100 . 12.510 C. Requirements. (1) States and other grantees must submit the certification for Primary Covered Transactions (DI.1953). States certify as to their 'principals', not the State agency. State principals are commissioners, directors, project leaders, or other persons with primary management or supervisory responsibilities, or a person who has a critical influence on or substantial control over Federal Aid projects. Slates may provide the certification annually. Other grantees must provide the certification with each Application for Federal Assistance. (2) States and other grantees must obtain from their subgratntess and contractors a certification for Lower Tier Covered Transactions (01-1954). A certification Is not required for small purchase procurements, currently defined as less than $25,000. These certifications are normally provided with an application or proposal from a subgrantee or contractor. (3) States and other grantees must not make any award, either by subgrant or contract, to any party which Is debarred or suspended or is otherwise Ineligible under provisions of Executive Order 12549. The U,S. General Services Administration maintains a list of parties debarred, suspended, Ineligible or excluded from participation In Federal grants under the provision of the Executive order. A copy of this list Is available, upon request, from the Regional Director. 1.17 Drug•Fres Workplace Act of 1988. A. Summary, The Drug -Free Workplace Act requires that all grantees certify that they will maintain a drug free workplace. B. References, Department of Interior Rules, Drug -Free Workplace Requirements, 43 CFR 12.600.635. 12/17/02 FWM 061 STATE GRANT PROGRAMS rian ANu rviLUurt btHviGt STATE GRANT PROGRAMS Chanter I Summary C. Requirements. Grantee organizations must: (1), Establish (and publish) a policy that informs employees that the manufacture, distribution, possession, or use of a controlled substance in the workplace is prohibited; (2) Establish an awareness program to inform employees of the dangers of drug abuse in the workplace; and (3) Provide a drug•Iree workplace certification to the Department of Interior or U.S. Fish and Wildlife Service. The forms for providing the certification are available from the Regional Director. State agencies may certify annually. If the Stale agency is covered by a consolidated certification for all State agencies, a copy of the consolidated certification should be submitted to the Regional Director. (The original is retained by the State.) Grantees other than State agencies must submit the certification with each Grant Agreement. 1.18 Restrictions on Lobbying (P.L. 101-121) A. Summary. Prohibits the use of Federal appropriated funds for lobbying either the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. B. References. Department of the Interior Rules, 43 CFR Part 18, New Restrictions on Lobbying. C. Requirements. (1) Recipients of Federal grants are prohibited from using Federal appropriated funds, 9,9. grants, to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, or an employee of a member of Congress in connection with a specific contract, grant, loan, or cooperative agreement. (2) Proposals for grants in excess of $100,000 must contain a certification that no part of the funds requested will be used for lobbying. Copies of the certification form, Form DI.1963, can be obtained from the Regional Offices. (3) Recipients of grants in excess of $100,000 must file a disclosure form on lobbying activities conducted with other than Federal appropriated funds. Form SF•LLL and SF-LLL-A, Continuation Sheet, shall be used for this purpose. Copies of the forms can be obtained from the Regional Offices. 6 of 6 CTwT! AH►\IT ennnn wue ATTACHMENT E CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors on procurement (vendor) contracts of $100,000 or more, and for all contracts and grants with sub -recipients regardless of amount, when funded by a federal grant. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of 20_ By: Authorized Signature/Contractor Typed Name/Title Grantee Name/Contractor Name Street Address Building, Suite Number City/State/Zip Code Area Code/Telephone Number (Page 1 of 2) debar. 226/rev. 12/00 Page 1 of 2, Attachment E INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Florida Fish and Wildlife Conservation Commission (FWC) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the FWC or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include .this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the FWC or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. debar.2261rev.12100 Page 2 of 2, Attachment E (Page 2 of 2)